This is a translation provided for convenience. In case of dispute, the French version prevails.
GENERAL TERMS AND CONDITIONS OF USE AND SALE (GTU-GTC)
PREAMBLE
SAS LONI MUSIQUE, registered with the Paris RCS under number 899 527 048, whose registered office is at 6 rue d’Armaillé 75017 Paris, offers a subscription-based online service providing access to digital educational tools designed for guitar practice (hereinafter the “Tools”), under the brand name “TWELVE ASSISTANT” on its website twelve-assistant.com (hereinafter the “Website”) for its users (hereinafter “TWELVE ASSISTANT”).
For any specific request, TWELVE ASSISTANT can be contacted:
By phone: 06.95.24.19.17
By email: support@twelve-assistant.com
Support link: https://twelve-assistant.com/support/
By mail at the address: 6 rue d’Armaillé 75017 Paris
These general terms and conditions of use and sale (hereinafter the “GTU-GTC”) aim to define the contractual and commercial relations between TWELVE ASSISTANT and any subscriber to the Tools (hereinafter the “Subscriber”), without prejudice to the applicable legal provisions on the matter, in particular those provided for in the French Consumer Code.
These GTU-GTC can be consulted on the Website.
Article 1 – General provisions
These GTU-GTC express the entirety of the parties’ obligations.
The Subscriber acknowledges having perfect knowledge of them, and waives any contradictory document, particularly their own general purchasing conditions, which would be unenforceable against TWELVE ASSISTANT. This confirmation, along with all data recorded by TWELVE ASSISTANT, shall constitute proof of the transactions carried out.
The Subscriber acknowledges having received the necessary advice and information enabling them to ensure that the offer made by TWELVE ASSISTANT regarding the Tools is suitable for their needs. In this sense, the Subscriber is deemed to accept the GTU-GTC without reservation.
Any modification to these GTU-GTC shall be enforceable against Subscribers and Website users from the time they are published online.
Article 2 – Provision and access to the Tools
TWELVE ASSISTANT describes to Subscribers and Website users the essential characteristics of the Tools, namely their description, functionalities, options, as well as their mode of use where applicable.
TWELVE ASSISTANT cannot strictly guarantee differences in aspects of the Tools’ use that may appear on the Subscriber’s equipment compared to those highlighted on the Website, which have no contractual value and therefore cannot engage TWELVE ASSISTANT’s liability.
Access to the Tools is made from a personal computer, for personal use, and is only possible via the Website.
Their use requires a high-speed internet connection that the Subscriber must subscribe to independently of the service offer provided by TWELVE ASSISTANT.
The Tools are accessible twenty-four hours a day, seven days a week, except for technical issues or circumstances beyond TWELVE ASSISTANT’s control and responsibility.
Temporary interruptions of the online service and access to the Tools will be notified by TWELVE ASSISTANT via the Website, to the extent possible. TWELVE ASSISTANT also reserves the right, without compensation, to permanently terminate said service, and will notify this under the same conditions via the Website. The Subscriber will no longer be liable for any payment from the date of termination of said service.
Online access to the Tools is determined based on the country in which the Subscriber subscribed to the Tools. It is recalled that in accordance with Regulation (EU) 2017/1128 “on cross-border portability of online content services”, the subscriber who subscribed to such a service from a Member State of the European Union will have access to the same content in the same manner during temporary use in another Member State, at no additional cost. TWELVE ASSISTANT cannot however guarantee the same quality of service as that provided to the Subscriber in their country of residence.
TWELVE ASSISTANT is free to make any modifications deemed useful to the online service and access to the Tools, while ensuring to maintain their quality and functionalities.
TWELVE ASSISTANT also reserves the right to temporarily suspend online access to the Tools in order to carry out maintenance operations.
Article 3 – Subscriptions
Only adults with full legal capacity, not under guardianship as defined in Article 488 of the French Civil Code, are authorized to subscribe to the online service and access to the Tools, as well as emancipated minors.
In application of Article 1127-1 of the French Civil Code, the customer must follow a series of steps appearing on the Website in order to subscribe.
To place a subscription order, any person must:
- Read and accept these GTU-GTC by checking the corresponding box;
- Fill in the subscription form (name, email address, payment information);
- Verify the details of the order and correct any errors if necessary;
- Confirm the subscription by clicking the “Subscribe” or similar button.
TWELVE ASSISTANT sends the Subscriber a confirmation email at the email address provided. The subscription is deemed accepted by TWELVE ASSISTANT and finalized when the Subscriber receives said confirmation email and the Subscriber’s payment has been successfully processed.
TWELVE ASSISTANT cannot be held responsible for any errors made by the Subscriber when placing their order.
The fact that the Subscriber benefits from a trial period before paying for their subscription does not exempt them from accepting these GTU-GTC. The Subscriber is expressly invited to consult and accept them before starting to use the Tools.
Access to the Tools is reserved for Subscribers with an active subscription. The Subscriber cannot share their access credentials with third parties. Each subscription is personal and non-transferable.
The Subscriber is free to cancel their subscription at any time under the conditions set forth in Article 4 below.
Article 4 – Price and Duration of subscriptions
The subscription price, duration, and renewal conditions are indicated on the Website and in the subscription confirmation email sent to the Subscriber.
Prices are expressed in euros, all taxes included.
TWELVE ASSISTANT reserves the right to modify its prices at any time. However, prices indicated at the time of subscription remain applicable for the duration of the current subscription period.
Subscriptions are automatically renewable for successive identical periods unless the Subscriber cancels their subscription before the renewal date.
To cancel a subscription, the Subscriber must access their customer account on the Website and follow the cancellation procedure. Cancellation takes effect at the end of the current subscription period. No refund will be made for the current period.
In case of price increase, TWELVE ASSISTANT will notify the Subscriber by email at least one month before the increase takes effect. The Subscriber will then have the option to cancel their subscription before the renewal date to avoid being charged the new price.
Article 5 – Method of payment
Payment for subscriptions is made by credit card or any other payment method offered on the Website (PayPal, bank transfer, etc.).
Payment is made through a secure payment system. The Subscriber’s bank details are not stored by TWELVE ASSISTANT but by the payment service provider, which complies with PCI-DSS security standards.
In case of payment incident (insufficient funds, opposition, etc.), TWELVE ASSISTANT reserves the right to suspend access to the Tools until full payment is received.
The subscription is deemed paid when TWELVE ASSISTANT receives confirmation of payment from the payment service provider.
Article 6 – Absence of right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the Subscriber expressly acknowledges and accepts that access to the Tools begins immediately after subscription confirmation, and therefore waives their right of withdrawal.
Consequently, no request for reimbursement can be accepted after subscription confirmation.
Article 7 – Liability and Force majeure
TWELVE ASSISTANT undertakes to provide the service with all due care and diligence. However, its liability cannot be engaged in the following cases:
- Improper use of the Tools by the Subscriber;
- Unavailability or malfunction of the Subscriber’s equipment or internet connection;
- Temporary or permanent interruption of access to the Tools due to force majeure events as defined by French case law;
- Hacking, computer viruses, or any other malicious act by third parties;
- Maintenance operations necessary for the proper functioning of the service.
TWELVE ASSISTANT cannot be held responsible for any direct or indirect damages resulting from the use or inability to use the Tools, including but not limited to loss of data, loss of income, loss of opportunity, or any other pecuniary or moral damage.
In any event, TWELVE ASSISTANT’s liability is limited to the amount of subscriptions paid by the Subscriber during the twelve months preceding the claim.
The Subscriber is solely responsible for the use they make of the Tools and must ensure compliance with applicable laws and regulations.
TWELVE ASSISTANT reserves the right to suspend or terminate a Subscriber’s access to the Tools in case of breach of these GTU-GTC, without prejudice to any damages that TWELVE ASSISTANT may claim.
Article 8 – Intellectual property
All elements of the Website and the Tools (texts, images, graphics, logos, icons, sounds, software, databases, etc.) are the exclusive property of TWELVE ASSISTANT or its licensors and are protected by French and international intellectual property laws.
Any total or partial reproduction, representation, modification, or use of these elements, by any means whatsoever, without the express prior authorization of TWELVE ASSISTANT, is strictly prohibited and may constitute an infringement punishable by Articles L.335-2 and following of the French Intellectual Property Code.
Article 9 – Computer and Freedom
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018 and the General Data Protection Regulation (GDPR) No. 2016/679 of April 27, 2016, the Subscriber has the right to access, rectify, delete, limit, and object to the processing of their personal data, as well as the right to data portability.
These rights can be exercised by contacting TWELVE ASSISTANT at the postal address or email address mentioned in the preamble.
Article 10 – Personal data
Personal data collected when subscribing and using the Tools is necessary for subscription management, customer relations, and service improvement.
This data is intended for TWELVE ASSISTANT and is not transferred to third parties except payment service providers strictly necessary for subscription processing.
Personal data is kept for the duration necessary for subscription management and, where applicable, for the limitation periods applicable under current legislation.
For more information on personal data processing, please consult the privacy policy.
Article 11 – Partial invalidity
If one or more provisions of these GTU-GTC are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall retain their full force and effect.
Article 12 – Non-waiver
The fact that TWELVE ASSISTANT does not take advantage of a breach by the Subscriber of any of the obligations referred to in these GTU-GTC shall not be interpreted as a waiver of the obligation in question.
Article 13 – Titles
In the event of difficulty in interpreting any title of one of the clauses and any of the clauses, the titles shall be declared non-existent.
Article 14 – Contract language
The language of these GTU-GTC is French. In case of translation into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 15 – Applicable law and dispute resolution
These GTU-GTC are governed by French law.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, TWELVE ASSISTANT offers a mediation system for consumers. The consumer mediation body is the CM2C (Consumer Mediation and Business Mediation). The consumer can submit their complaint on the CM2C website: https://www.cm2c.net/declarer-un-litige.php or by mail to CM2C, 14 rue Saint Jean 75017 Paris.
In the event of failure of mediation or in the absence of amicable resolution, any dispute relating to the interpretation or execution of these GTU-GTC shall be subject to the exclusive jurisdiction of the French courts, in accordance with the rules of jurisdiction in force.