Terms of sale
Preamble
Entry into force: 30 March 2023
INFINIWAVE LIMITED
77, LOWER CAMDEN STREET,
DUBLIN D02 XE80
Ireland
Registration number 737750 and VAT number 4162209VH
The present Conditions General from Sale (ci-after known as "Conditions") apply without restriction or reservation to the sale of Services of the https://TEST4U1.com/ (the "Website") and set out the rights and obligations of Infiniwave Limited (the "Seller" or "Infiniwave Limited") and the Customer (the "Customer"). The Terms may be viewed on the Site and/or made available to any User.
All Customer and User acknowledges and accepts that any order placed for Services from Sales implies unreserved acceptance of the Conditions. He acknowledges having read the Conditions before placing any order. La current version of the Conditions is the only one that can be used against Customers and Users from Website.
For the useful life of the Website and until a new version replaces them, Infiniwave Limited reserves the right to modify these Conditions at any time without notice to Users and Customersbut the Conditions applicable are those online at the time the order is placed. Ordering.
For any subscription to Products and Services from Salesthe Conditions prevail over any other document issued by Infiniwave Limited or any other Conditions General d'Buy. Le Sales reserves the right to derogate from certain clauses of the present contract or to establish Conditions Special.
These Conditions came into force on 30 March 2023.
Article 1 - Definitions
At terms hereof Conditionsthe following terms shall be understood to mean follows :
"Subscription"refers to the subscription package taken out by the customer. Customer on the Website and offering associated services;
"Customer"designated in accordance with the provisions of the introductory article of the Consumer Rights Act of 2022A person acting for purposes which are wholly or mainly outside his trade, business, craft or profession;
"Account customer": refers to the customer's personal space. Customer where they can (i) consult their invoices, (ii) modify their personal information, (iii) consult the results of their tests;
"GENERAL TERMS AND CONDITIONS"orConditions"refers to these terms and conditions of sale;
"Ordering"refers to any order placed by a customer. Customer on the Website ;
"Services"refers to services sold by the Website ;
"Website"refers to the site https://TEST4U1.com/ operated by the Seller and made available to the User ;
"Prices"refers to the price applicable to the product.Subscription communicated to Customers via the Website before the order is confirmed;
"User"refers to any user of the Website.
At hereunder, the Customer, l'User and the Sales can be referred to individually as thePart"and collectively as theParts".
ARTICLE 2 - PRESENTATION FROM SERVICES
2.1 Provisions preliminaries
The services that the Customer can order are those presented and detailed on the Website. The Services are described and presented as accurately as possible. HoweverIn the event of errors or omissions in this presentation, the responsibility of the Sales shall not be held liable. The photographs accompanying the presentation of Services are not contractual and therefore the company cannot be held liable for them. Sales.
2.2 Information pre-contractual
Le Customer acknowledges that, prior to placing the order and entering into the contract, it has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and all the information contained in the appendix. 3 of the Consumer Rights Act of 2022.
The The following information is sent to the Customer clearly and understandable :
- The the main characteristics of the goods, digital content, digital service or service provider. service,
- Le clear prices for goods, digital content and digital services or
service,
- Visit in the case of a contract involving a subscription, the cost per billing period.
2.3 Services and Products
Le Customer can acquire several Products via the Websitea list of which is available on the Website when the Customer consult him.
Le Website allows Users take personality tests. Le The test can be carried out by creating a customer account or in "guest" mode.
After having completed the questionnaire, the Customer is required to pay for the service in order to receive the results.
A Once payment has been made, the results of the personality test are sent by e-mail to Customer.
Le Customer must be particularly careful when completing the personality questionnaire. No No new report or amendment to a report will be authorised in the event of truncated, incorrect or missing answers.
2.4 Subscription
Visit placing an order for a personality (article 2.3), the Customer automatically takes out a subscription for Services from Website (hereinafter theSubscription"), which allows them to carry out as many personality tests as they wish. All the test results are sent to them by e–mail and are available in his Account Customer.
L'Subscription is valid for a single Customer. He is forbidden to all Customers communicate their access codes or their account to a third party. All infringement by a Customer Any breach of this provision will give rise to liability on its part and may result in the immediate termination of its subscription without notice, as well as the payment of damages and interest to the benefit of the Sales.
From creating an account - after ordering the first personality test - theSubscription is triggered after the first trial period of 24 hours. Le Customer therefore has a period of 24 hours to prevent the launch of this Subscription and unsubscribe. Past this period, theSubscription will automatically be set up.
The subscriptions are concluded for a period of one (1) months and are automatically renewable from month to month. All Customer wishing to unsubscribe may do so at any time by clicking on the "Unsubscribe" tab.Visit unsubscribe" to cancel your subscription. The subscription will expire at the end of the month, and any month started will be payable.
2.5 Creation from Account Customer
To to place an order for Services from Website, l'User can create a Account Customer or place an order in "guest" mode. Howeveronce the Customer commissioned the results of his personality test, a Account Customer is automatically created for him on the Website.
For When they create their account, they will be asked to define a login and password. Le Customer is solely responsible for the security and confidentiality of its connection identifiers and must notify INFINIWAVE LIMITED without delay in the event of loss or theft of the identifiers of the Customer leading to fraudulent use of its personal account.
If the Customer wishes to modify its identifiers or if it suspects fraudulent use of its identifiers.–the customer must contact the Sales without delay by sending an e–mail to the address next contact@TEST4U1.com
The access codes are for personal use only. La responsibility for Sales cannot be held liable in the event of loss or theft of the user's identifiers. Customer or fraudulent use of its account.
ARTICLE 3 - PASSING FROM ORDER
For place an order on the Website, l'User must follow the steps following :
3.1 Ordering a personality test
See the terms described in article 2.
3.2 Contact details from contact
Le Customer must then indicate his surname, first name and e-mail address.–to which they would like to receive their test. Le Customer must indicate whether they wish to receive communications from Sales by ticking the case for this purpose.
3.3 Payment the price
Le Sales can apply discounts and promotions on Services and Products. Le price final displayed is the one after deduction of all discounts and promotions. The discounts and promotions cannot be accumulated and are applicable only once per customer. Customer.
3.4 Approval
Before to make the payment, the Customer must accept Conditions General from Sale applicable by ticking the case provided for this purpose, as well as the waiver of the right of withdrawal concerning the personality test. This validation implies acceptance of all the terms and conditions. Conditions General from Sale. All control of Customer implies acceptance of the prices and descriptions of the Services purchased. Suite payment, the Customer will receive an e–mail summarising the order. D
On receipt of payment, the sales contract is concluded between the Customer and the Sales.
ARTICLE 4 - CONTROL FROM ORDERS
Le Sales reserves the right to suspend the processing of any order or any Service in the event of refusal to authorise payment by officially accredited payment organisations or in the event of non–payment of the order or a monthly payment of a fixed amount. Subscription.
ARTICLE 5 - PROVISIONS RELATING TO AUX PAYMENTS
5.1 Prices
Le Sales reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.
5.2 Incidents of payment
Le Customer is hereby informed that any delay in payment of all or part of a sum due on the due date will automatically entail the forfeiture of all sums due by the Customer and immediate payment.
From In addition, any delay in payment of invoices, from the day following their due date, will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes and equal to at least three times the legal interest rate in force. They are due automatically and without notice.
From plus, for Customers professionals, in accordance with the European directive 2011/07/EUin the event of delay or non–payment, the Sales is entitled to compensation for costs incurred as a result of late payment, as well as additional collection costs of 40,00 €.
Infiniwave Limited may automatically suspend all orders in progress, whatever their nature and stage of completion, in the event of late payment by the Customer. This suspension cannot be considered as a termination of the contract. Contract by the Salesnor give any right to compensation for the Customer.
5.3 Cancellation and modifying orders
No Once an order has been placed, it cannot be modified or cancelled once it has been paid for, except for the exercise of the right of withdrawal (Article 6) and the termination of theSubscription (Article 2.4).
ARTICLE 6 - LAW FROM CANCELLATION
6.1 Provisions applicable to the personality test
In accordance with in chapter 5 of the article 111 of the Consumer Rights Act of 2022the right of withdrawal does not apply to : " -
a) A a contract for the provision of services, where the service has been fully provided and the provision of the service has commenced with the prior express consent of the consumer and the acknowledgement that he will lose the right of withdrawal once the service has been fully provided by the trader
[...]
c) A a contract under which the trader provides or undertakes to provide a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service, where - the trader provides or undertakes to provide a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service.
i. the digital service has been fully provided, and
ii. the provision of the digital service has begun with the prior express consent of the consumer and the acknowledgement that he will lose the right of withdrawal as soon as the digital service has been fully provided".
Visit placing an order on the Website for a personality test, the Customer is therefore informed of this provision. He acknowledges having been informed that once the order has been paid for, the Customer consents to the Service or initiated by the Saleswhether it has access to the digital content provided by the Sales (the result of the personality test) and, consequently, that the Customer waives the right of withdrawal.
6.2 Provisions applicable to the subscription
In accordance with to the article 113.2 of the Consumer Rights Act of 2022the Customer has a period of fourteen days in which to exercise his right of withdrawal from a digital service contract, without having to justify his decision or bear any costs other than those provided for in Article 112.2.d of the law on consumer rights of 2022.
Howeveras soon as the Customer has completed at least one (1) personality test as part of its Subscription (in addition to the initial personality test), they waive their right of withdrawal.
If the right of withdrawal is applicable, the Customer has a period of fourteen (14) days from receipt of the withdrawal request, for whatever reason, in order to obtain reimbursement of the order. Le Customer will be reimbursed for the sums paid by transfer to their bank card within a period of fourteen (14) days from receipt of the request to exercise the right of withdrawal.
For exercise his right of withdrawal, the Customer must send an e–mail with the form below–below:
[Complete and return this form only if you wish to cancel the contract].
To [here the name of the retailer, the geographical address and the e–mail must be inserted by the retailer] :
I/We [*] hereby notify you/notify [*] hereby declare that I/we [*] cancel my/our [*] contract for the sale of the following goods [*]/the provision of the following service [*],
Ordered at the [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) [only if this form is submitted on paper],
Date
ARTICLE 7 - OBLIGATIONS AND RESPONSIBILITIES
7.1 Provisions general
Le Customer guarantees that the information provided at the time of an order or subscription
to a Subscription are accurate and complete. Le Customer undertakes to inform the Sales any changes to the information provided.
Le Customer is responsible for the use of his/her personal account by him/her–itself or by any other person, except in the case of obvious fraud.
All abusive or fraudulent behaviour will result in the deletion of the Account Customer and the termination of theSubscriptionwithout prejudice to any other rights of the Sales and/or third parties.
Le Sales cannot be held responsible for the consequences of using the Website by Users and Customers which do not comply with the present Conditions.
Le Customer undertakes to use the Website in accordance with Conditions and regulations in force, and do not infringe the rights of third parties or public order. public. Le Sales reserves the right to refuse to supply Services or delete a Account Customer if the Customer contravenes these obligations.
Visit in the event of a dispute between a Customer and a third party, each party undertakes to indemnify and hold harmless the Sales from any action, claim or legal demand arising from this dispute.
7.2 Provisions relating to the subscription
Le Customer undertakes not to use theSubscription for fraudulent activities. All use of theSubscription will be prosecuted.
Le Customer undertakes not to disclose his/her access codes to any third party. All breach of this provision may result in the termination of theSubscription.
Le Customer undertakes not to use theSubscription to store or disseminate illegal or inappropriate information. Le Sales reserves the right to terminate theSubscription immediately if a Customer uses theSubscription inappropriately.
7.3 Provisions relating to Website
Le Customer acknowledges and accepts that the Websitethe Services and Products are supplied "as is". Le Sales does not guarantee that the Websitethe Services or Products meet its needs or that they will be uninterrupted, secure or error-free. Le Customer uses the Website at its own risk.
7.4 Provisions on the results of the personality
The results of the personality tests offered on the Website are provided for information only. They are not intended to replace the advice of a health professional or psychologist. Le Sales cannot be held responsible for the use made of these results. Le Customer is encouraged to consult a health professional or psychologist if necessary.
7.5 Limitation from responsibility
La responsibility for Sales cannot be held liable in the event of non-performance or poor performance of the contract due either to the fault of the Customeror to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
Le Sales shall not be held responsible for any delay or failure to–due to the unavailability of part of the equipment. Websiteinterruptions to the energy supply, fires, strikes, malfunctions in access to the network, etc. Internetor to computer viruses, war, riots, failures, breakdowns or interruptions in the telephone service or to any other cause not attributable to the Sales.
7.6 Force major
Visit case of force majeure, the Part prevented informs the other Part in writing within fifteen (15) days from the occurrence of this event, notifying it at the same time of its termination. The Parts agree to agree the terms and conditions for the continued performance of the contract.
If it is a case of force majeure, the Parts agree to extend the delivery period by a period equal to that of the suspension of performance.
ARTICLE 8 - DURATION FROM CONTRACT
The provisions hereof Conditions apply for the entire duration of theSubscriptionwithout prejudice to any other agreement concluded between the Parts.
Le Customer may terminate its Subscription at any time in accordance with Article 2.4 of the present Conditions.
Le Sales can terminate a Subscription in case of non–payment or abusive behaviour by the Customer in accordance with article 7.1.
ARTICLE 9 - TERMINATION
La termination of a Subscription by the Sales is carried out at the initiative of the Salesby simple notification to Customer by e–mail.
La termination of a Subscription by the Customer is effected by simple notification to the Sales by e–mail.
Visit in the event of termination of a Subscriptionthe Services are immediately interrupted. Le Sales does not have to reimburse Customer sums paid for Services not used.
ARTICLE 10 - CHANGE FROM CONDITIONS
Le Sales reserves the right to modify these terms and conditions at any time. Conditions General from Sale. The Conditions applicable are those in force on the date the order is placed.
The modifications are enforceable against Customer as soon as they are posted on the Website. He belongs to Customer to regularly read Conditions General from Sale to check the changes. Visit in the event of disagreement with the new Conditions General from Salethe Customer must stop using Website and cancel your Subscription in accordance with article 2.4.
ARTICLE 11 - LAW APPLICABLE AND JURISDICTION
The present Conditions are subject to Irish law. All Any dispute relating to their validity, interpretation or performance shall be subject to the jurisdiction of the Irish courts.
ARTICLE 12 - CONTACT DETAILS FROM SELLER
Le Sales is Infiniwave Limiteda company registered in Ireland under the number 737750. Sound address is next : 77, Lower Camden Street, Dublin D02 XE80, Ireland. Le Sales is registered under the number VAT IE4162209VH.
The Customers can contact the Sales at the address e–mail next contact@TEST4U1.com