These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase and any use of the services offered by GUIDEO CLOUD ("the Service Provider") on its website "guideo.cloud" ("the Site") and its application: the creation, editing and sharing of one (or more) welcome booklet(s) intended for travelers, together with the associated features, in particular automatic translation, the Guidy assistant, the host showcase, direct booking, the shop and the online security deposit ("the Services"). They are addressed to consumers, non-professionals and professionals such as hotels, concierge services and rental managers ("Clients" or "the Client" or "the User"), under the conditions of Article 1 bis.
Service Provider Contact Information
GUIDEO CLOUD, with a capital of 1,000 euros
9 impasse belle vue, 13580 La Fare-les-Oliviers (France)
RCS Salon de Provence : 999 490 774
SIRET : 99949077400018
Article 1. CONTENT AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase and any use of the services offered by GUIDEO CLOUD ("the Service Provider") on its website "guideo.cloud" ("the Site") and its application: the creation, editing and sharing of one (or more) welcome booklet(s) intended for travelers, together with the associated features, in particular automatic translation, the Guidy assistant, the host showcase, direct booking, the shop and the online security deposit ("the Services"). They are addressed to consumers, non-professionals and professionals such as hotels, concierge services and rental managers ("Clients" or "the Client" or "the User"), under the conditions of Article 1 bis.
The main characteristics of the Services are presented on the website "guideo.cloud".
The Client is required to take note of them before placing any order. The choice and purchase of a Service is the sole responsibility of the Client.
The Service Provider's contact details are as follows: GUIDEO CLOUD, with a capital of 1,000 euros, 9 impasse belle vue 13580, La Fare les Oliviers (France), registered with the Trade and Companies Register of Salon de Provence under the unique identification number 999490774.
These conditions apply to the exclusion of all other conditions, particularly those applicable to other distribution channels for the Services.
These General Terms and Conditions of Sale are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the service provider's computer system constitute proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure and portability of all their personal data by writing, by mail and providing proof of identity, to GUIDEO CLOUD – 9 impasse belle vue 13580, La Fare les Oliviers (France).
The Client acknowledges having the capacity required to contract and acquire the Services offered on the Site. These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in force on the website on the date the order is placed. The Client declares having read these general terms and conditions of sale and having accepted them before placing their order. In this regard, they are enforceable against them in accordance with the terms of Article 1119 of the Civil Code.
A subscription in progress remains subject to the version accepted when it was taken out or last renewed. Any new version is notified to the Client by email at least 30 days before their subscription's due date and applies from the renewal. A Client who refuses it may cancel before that date, under the conditions of Article 12.
Article 1 bis. CONSUMERS AND PROFESSIONAL CLIENTS
The Client is a consumer when acting for purposes outside their commercial, industrial, craft, liberal or agricultural activity. The Client is a non-professional when it is a legal entity not acting for professional purposes. The Client is a professional in all other cases, in particular when subscribing for the needs of a hotel, a concierge service or a rental management activity. An individual who rents out their accommodation may fall into any of these categories depending on their situation.
- Consumers: nothing in these terms limits the rights a consumer holds under mandatory legal provisions, in particular the legal guarantee of conformity for digital content and services (Articles L224-25-12 et seq. of the French Consumer Code). Articles 7, 14, 15 and 24 apply subject to this reservation.
- Non-professionals: they benefit from the renewal rules set out in Article 3, in accordance with Article L215-3 of the French Consumer Code.
- Professionals: the provisions of the Consumer Code cited in these terms do not apply to them, except where the law so provides. Guideo nevertheless grants them, on a contractual basis, the right of withdrawal and the pre-renewal reminder provided for in Article 11.
Article 2. ORDER AND PROVISION OF SERVICES
The Client selects on the Site the Services they wish to order, according to the following procedures: To register on the Site, any User must first create a personal account, read and accept, without reservation at the time of registration, these General Terms and Conditions of Sale.
Access to the various services of the Site is thus strictly subject to the unreserved acceptance and compliance with these T&Cs by all Clients.
1. Access and Registration Procedures for the Service
In accordance with Article 1127-1 of the Civil Code, Guideo draws the attention of any internet user wishing to open an account on the Site, and therefore to contract with GUIDEO CLOUD, to the following information:
2. Creating a User Profile and Login Credentials on the Site
Any person can create a user account via the Site, by providing their last name, first name, email address and type of accommodation.
2.1 Profile Management and Obligation of Honesty
When registering, the User undertakes to provide honest information, including valid contact details. If an error is made, the User can contact Guideo customer service at any time at the following address: support@guideo.cloud
Article 3. RENEWABLE CONTRACT
Subscribing to the Service entails the conclusion of a one-year or three-month contract, depending on the billing period chosen by the Client, tacitly renewed for the same duration.
In accordance with Article L215-1 of the French Consumer Code: "For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated personal letter or email, no earlier than three months and no later than one month before the end of the period during which renewal may be refused, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, provided in clear and comprehensible terms, shall state, in a visible box, the deadline for non-renewal.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date. Advance payments made after the last renewal date or, in the case of open-ended contracts, after the date on which the initial fixed-term contract was converted, shall in that case be refunded within thirty days of the termination date, after deduction of the sums corresponding to the performance of the contract up to that date. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information."
Article 4. PRICING
Guideo offers subscription plans tailored to the number of guidebooks required by the Client, as well as to the type of accommodation. The subscription can be billed annually or quarterly. Quarterly prices are shown on the Pricing page of the Site.
1. Accommodation categorization:
Any establishment offering separate rooms to different travelers or residents simultaneously is considered a hotel (or equivalent) when it provides 5 rooms or more. Establishments with fewer than 5 rooms, or not offering simultaneous accommodation to different clients (such as gîtes, guesthouses, etc.), are billed according to the "gîtes / guesthouses" pricing grid.
2. Applicable pricing:
The prices listed below apply only to new clients creating an account from this date onward. Existing clients retain their current pricing as long as they do not delete their account.
The Client must request confirmation of the exact applicable price based on the number of rooms or units required before placing any order. No subscription will be validated without prior confirmation of the corresponding price. If we determine that the number of rooms indicated on the platform is incorrect, we reserve the right to adjust the price accordingly, after notifying the Client in advance.
a. Gîtes, guesthouses, concierge services, rental managers, and private individuals:
Annual subscription: €49 excl. VAT per year and per guidebook.
Decreasing rates depending on the number of guidebooks subscribed simultaneously:
- From 1 to 9 guidebooks: €49 excl. VAT per guidebook per year
- From 10 to 19 guidebooks: €46 excl. VAT per guidebook per year
- From 20 to 29 guidebooks: €43 excl. VAT per guidebook per year
- From 30 to 39 guidebooks: €40 excl. VAT per guidebook per year
- From 40 to 49 guidebooks: €37 excl. VAT per guidebook per year
- From 50 to 59 guidebooks: €34 excl. VAT per guidebook per year
- From 60 guidebooks and above: €30 excl. VAT per guidebook per year
b. Hotels or establishments offering rooms to multiple travelers simultaneously (from 5 rooms):
Annual subscription: starting from €20 excl. VAT per room per year (+ the guidebook). The Client must request the price corresponding to the desired number of rooms.
Article 4 bis. AUTOMATIC TRANSLATION
As part of the booklet editing service, Guideo offers an automatic translation service, available in up to fourteen (14) different languages.
Each Client benefits from a free credit of one hundred thousand (100,000) automatically translated characters. Beyond this volume, an additional cost of five (5) euros excluding VAT is applied for each additional block of one hundred thousand (100,000) characters.
The Client may also choose to produce their own manual translations in the various languages offered. In this case, adding content translated by the Client remains entirely free of charge and is not deducted from the automatic translation credit.
The consumption of automatically translated characters can be monitored directly from the user interface. The Client is responsible for managing their translation credit and will be invited to pay for any additional block required.
Article 5. PAYMENT TERMS
Payment is made online via Paddle, which offers several payment methods, including credit card. The available payment methods are displayed at checkout and may vary by country.
The payment method used will be securely stored with Paddle for the purpose of processing future payments. The User may modify the payment method associated with their account at any time in their personal dashboard under the "Account information" section.
1. Subscription with a single guidebook
Paying for the Premium plan immediately ends the free trial period. The subscription starts immediately and the amount is charged on the same day. Subsequent payments are then charged on the anniversary date.
For example, if a User subscribes to the Premium plan on 04/05/2026, the subscription starts immediately and the first payment is charged on 04/05/2026. Subsequent payments will then be charged annually on the anniversary date (04/05/2027, 04/05/2028, etc.).
Any subscription to the Premium plan results in the immediate activation of the subscription and the end of the free trial period, without deferred payment.
2. Subscription with multiple guidebooks
If the User subsequently wishes to increase the number of guidebooks included in their plan, they will be required to pay the price difference for the current year, calculated on a pro-rata basis according to the number of months remaining until the anniversary date.
A User subscribes to a plan including 30 guidebooks on 04/05/2026. The subscription fee is charged immediately upon subscription. On 05/05/2026, the User wishes to add 10 additional guidebooks. The User will then be charged an additional amount of €256.67, i.e. the annual price difference of €280 prorated over the 11 remaining months before the subscription anniversary date.
Article 6. LATE PAYMENT PENALTIES
For professional Clients: any late payment automatically gives rise, without formality or prior formal notice, to penalties calculated at a monthly rate of 3% of the amount including tax of the price of the Services shown on the invoice, as well as a fixed indemnity of 40 euros for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code). For consumers and non-professionals: any unpaid sum bears interest at the legal rate from the date of formal notice.
Article 7. SERVICE AVAILABILITY
Guideo offers a service for publishing personalized digital welcome booklets and associated features. The Site is a tool for the creation, management and distribution of information and content by Users, as well as a booking and payment tool they can enable for their travelers. Guideo is not responsible for the performance of the accommodation services provided by Clients to travelers or third parties.
Guideo strives to ensure that the Site is available 24 hours a day, 7 days a week. However, access to the Site may be interrupted for maintenance operations, hardware or software upgrades, emergency repairs to the Site, or as a result of circumstances beyond Guideo's control.
Guideo undertakes to take all reasonable measures to limit these disruptions, insofar as they are attributable to it. Users acknowledge and accept that Guideo assumes no liability towards them for any unavailability, suspension or interruption of the Site and cannot be held liable for direct or indirect damage of any kind resulting therefrom.
Article 8. EVOLUTION OF THE SERVICE
Guideo may change the Services, in particular by adding, modifying or removing features, for one of the following reasons: technical development, security, a legal or regulatory obligation, a change imposed by a third-party provider, or a change to its commercial offering. These changes are free of charge for the Client.
When a change has a negative impact, other than a minor one, on access to or use of a Service included in the subscription, Guideo informs the Client by email at least 30 days in advance, stating the nature and date of the change. This period may be shortened if security, the law or a third-party provider so requires. The information is then given as soon as possible.
The Client may then cancel their subscription, free of charge, within 30 days of this information or, if later, of the date of the change. Guideo refunds the part of the price corresponding to the unused period, on a pro rata basis. This right does not apply if Guideo offers to let the Client keep the Service without the change.
A change made under these conditions is not a fault and gives no right to compensation other than this refund, subject to the rights referred to in Article 1 bis.
Retrieving content
Before the end of their subscription, the Client can export their booklets in PDF format, their reports, checklists and inventories in CSV format, and their confirmed direct bookings via iCal feed. On request to support@guideo.cloud, Guideo provides a copy of the content of their booklets and of their data in a structured format. The Client's Stripe account belongs to them and remains available to them after they leave.
Article 8 bis. TRAVELER PAYMENTS: DIRECT BOOKING, SHOP AND SECURITY DEPOSIT
These modules allow the Client to receive their travelers' payments online: bookings, orders and security deposits by card hold. Enabling them is optional. Online payments require a Stripe account in the Client's name, connected to Guideo: Stripe is the only payment provider offered for these modules. Opening and maintaining this account are a matter for Stripe and its terms. If Stripe refuses, suspends or closes it, these payments are no longer available.
Guideo provides a technical tool and is not a party to the contract between the Client and the traveler, including when that contract is concluded or paid through these modules. The Client remains the sole seller of their stays and services. The Client sets their prices and their cancellation and refund terms, and alone bears their obligations towards the traveler and the authorities, in particular informing the traveler, invoicing, VAT and tourist tax.
Guideo takes no commission on these payments: it is paid through the subscription. Each transaction does, however, incur Stripe fees, according to Stripe's current price list (stripe.com/pricing), which varies in particular with the card, the country and the currency. These fees are not included in the subscription and are borne by the Client.
The amount paid by the traveler is transferred to the Client's Stripe account, then paid out to their bank account according to Stripe's payout schedule. Guideo keeps no part of it as commission.
The Client decides on any refunds granted to their travelers. Stripe does not return the fees of the original transaction. Refunded sums, as well as the amounts and fees of disputes and chargebacks, are borne by the Client. Guideo may recover them from the sums transferred to the Client's Stripe account or ask the Client to reimburse them.
The security deposit is a card hold, with no immediate debit. It is released automatically after 7 days if the Client takes no action. The Client only captures justified amounts and alone answers to the traveler for that capture.
It is up to the Client to check that using these modules is compatible with the terms of the platforms on which they list their properties. Airbnb, for example, strictly restricts off-platform payments and deposits.
Article 9. ELECTRONIC SIGNATURE
The online provision of the buyer's payment information and the final validation of the order shall constitute proof of the buyer's agreement:
- Payability of the sums due under the order form,
- Signature and express acceptance of all transactions carried out.
In the event of fraudulent use of their payment method, the Client is invited, as soon as such use is noticed, to contact the support service at the following address: support@guideo.cloud.
Article 10. PROOF OF TRANSACTION
The computerized records, kept in the Service Provider's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 11. RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the French Consumer Code, the Client has a withdrawal period of 14 days from the subscription to the Premium plan to exercise their right of withdrawal without having to justify reasons or pay penalties.
To exercise this right of withdrawal, the Client must send an email to support@guideo.cloud indicating their email address associated with the account and the withdrawal request. In case of withdrawal within the deadline, the Client will be fully refunded within a maximum of 14 days following receipt of the request.
After this 14-day period, the Client loses their right of withdrawal and authorizes Guideo to maintain the Premium subscription and automatically charge them the agreed price at each renewal date, until they cancel the Premium Subscription.
In accordance with Article L215-1 of the French Consumer Code, information regarding the possibility to cancel the Premium subscription will be reminded by Guideo at least one month before the subscription anniversary date.
Article 11 bis. REFUND POLICY
11.1 Refund During Trial Period
During the 30-day free trial period, no payment is charged. The Customer can cancel their subscription at any time during this period without fees or justification. No refund is applicable since no payment has been made.
11.2 Refund After Premium Subscription Activation
Once the trial period ends and the first payment is made, the Premium subscription is firm for the period subscribed. No refund will be granted in case of early cancellation, except in the following cases:
- Major technical defect making the service unusable for more than 7 consecutive days, not resolved by technical support
- Proven non-compliance of the service with features announced and promised at subscription
- Billing error attributable to the Provider
- Cancellation exercised under the conditions of Article 8
11.3 Refund Request Procedure
Any refund request must be made in writing to support@guideo.cloud within a maximum period of 14 days following the observation of the problem justifying the request. The request must include:
- Complete Customer details (last name, first name, email address)
- Order or invoice number concerned
- Precise description of the reason for the refund request
- Any supporting evidence (screenshots, exchanges with support, etc.)
11.4 Request Processing
The Provider commits to examining any refund request within 15 business days. If accepted, the refund will be processed within a maximum of 30 days following the decision, by credit to the payment method used during the initial transaction or by bank transfer.
11.5 Partial Refund
In certain cases, a partial refund pro rata temporis for the unused period may be granted at the Provider's discretion, particularly in case of exceptional circumstances duly justified by the Customer.
11.6 Exclusions
No refund will be granted in the following cases:
- Simple change of mind by the Customer after the trial period
- Non-use of the service by the Customer
- Lack of knowledge of service features
- Problems related to the Customer's equipment, internet connection, or technical environment
- Suspension or deletion of account for non-compliance with General Terms of Use
Article 12. SUBSCRIPTION CANCELLATION
The request to cancel the Subscription can be made at any time by the User from their personal space, in the "My Settings" section.
If the User indicates wanting to end the Subscription before the end of the current period, their request will take effect the day after the last day of the subscription period (i.e., the anniversary date). The User will then automatically switch to the Guideo Free plan.
Article 13. ACCOUNT DELETION
The Service Provider reserves the right to suspend and/or delete the account of any User contravening these provisions. Guideo reserves the right to delete an account inactive for more than 12 months.
The User can request the deletion of their account by sending an email to the following address: support@guideo.cloud. Any unsubscription from the Site will take effect as soon as possible. For any questions or account deletion requests, you can also contact us by email or via online chat.
Article 14. SERVICE PROVIDER'S LIABILITY – WARRANTY
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, arising from a design or production defect of the ordered Services. Guideo only guarantees the technical provision of the digital tools necessary for supplying the Services. The content of the booklets, as well as the prices, sales and stays offered to travelers, remain the exclusive responsibility of the Client.
To assert their rights, the Client must inform the Service Provider, in writing, of the existence of defects or lack of conformity within a maximum period of 5 days from the provision of the Services.
The Service Provider will refund or rectify or have rectified (to the extent possible) services deemed defective as soon as possible and at the latest within 30 days following the Service Provider's observation of the defect or vice. The refund will be made by credit to the Client's bank account or by bank check sent to the Client.
The Service Provider's warranty is limited to the refund of Services actually paid by the Client and the Service Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
The Services provided through the Service Provider's Site comply with the regulations in force in France. The Service Provider's liability cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of requested Services, to verify.
Article 15. USER RESPONSIBILITIES
The User is solely responsible for messages, content and information posted by them on the Site. The Service Provider cannot be held responsible for content transmitted or posted online by Users on the Site and over which Guideo exercises no power of control or surveillance.
The User expressly undertakes, under penalty of criminal or civil liability, that the messages they disseminate are not of a nature to, without this list being exhaustive:
- Constitute a violation of third-party intellectual property rights; in this regard, the User undertakes not to reproduce or communicate to the public on the Site elements protected under copyright law, registered as trademarks or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;
- Contain computer viruses likely to interrupt, destroy or alter the Site's functionalities;
- Advocate crimes or contain illegal, threatening, or pedophilic, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist messages or contrary to public order or morality;
- Infringe on privacy or respect for the dignity of third parties;
- Incite violence, fanaticism, crime, suicide, hatred based on religion, race, sex, sexual orientation, ethnicity;
- Harass other Users with whom the User may have come into contact during discussions on the various communication spaces of the site;
- Promote or encourage any criminal activity or enterprise;
- Solicit and/or communicate passwords and/or personal information for commercial or illegal purposes;
- Transmit chain emails, mass unsolicited mailings, instant messages, unwanted advertising messages or unsolicited mail;
- Include advertisements and/or solicitations to offer products and/or services for sale through the Site;
- Contain addresses or hypertext links to external sites whose content is contrary to laws and regulations in force, that infringe on the rights of third parties or that would be contrary to these conditions.
The Service Provider provides the distribution in electronic format, through its Site, of welcome booklets written by Users with the aim of making information about their accommodation available. Apart from the modules in Article 8 bis, the Site is only a means of transmitting information by Users to their readers, under their own responsibility, in the form of a digital welcome booklet for their accommodation. The purpose of the Site is therefore not to guarantee the completion or proper execution of a traveler's visit to the User.
As Guideo is not party to the conclusion of the contract giving rise to a traveler's visit to the User, it cannot verify either the regularity (whether with regard to the free availability of the property, the conditions of formation of the contract, the lawfulness of obligations contractually placed on either of the Users or on any other ground), nor proper execution.
Users' attention is therefore drawn to the risks associated with making available or occupying an Accommodation, in particular, the risk of property damage or theft of certain items furnishing it.
The User is solely responsible for the conservation and confidentiality of their Guideo login credentials and undertakes not to communicate, at any time, their password to any other User or to use the account, pseudonym and password of another User. The User guarantees the accuracy of information provided to Guideo for registration purposes and undertakes to notify any subsequent modification.
The User acknowledges that Guideo reserves, in the event that their use of the Site is contrary to these provisions and more generally to laws and regulations in force, to proceed immediately and without notice to their unsubscription from the Site's services and/or blocking of their access to the Site.
Guideo cannot be held responsible for financial or commercial losses, damage to reputation, or any direct or indirect harm arising from Users' use of the Site.
Guideo reserves the right to provide, at the request of any legitimate authority, all information enabling or facilitating the identification of the offending User.
Article 16. INTELLECTUAL PROPERTY
The content of the Website is the property of the Service Provider and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an act of counterfeiting.
Furthermore, the Service Provider remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Client's request) with a view to providing the Services to the Client. The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller which may condition it on financial consideration.
Article 17. DATA PROTECTION AND PRIVACY
In application of law 78-17 of January 6, 1978 as amended by law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for processing their order and establishing invoices, in particular.
This data may be communicated to the Service Provider's possible partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Site meets legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.
The Client has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing regarding information concerning them. This right can be exercised under the conditions and according to the procedures defined on the Site.
Article 18. PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 19. NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 20. UNFORESEEABILITY
In the event of a change in circumstances that were unforeseeable at the time of concluding the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to assume a risk of excessively onerous performance may request renegotiation of the contract from its counterparty.
Article 21. EXCEPTION FOR NON-PERFORMANCE
It is reminded that in application of Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is, likely to call into question the continuation of the contract or fundamentally upset its economic balance.
The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notice of breach sent to them for this purpose by the Party victim of the breach indicating the intention to apply the exception for non-performance as long as the defaulting Party has not remedied the observed breach, notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
This exception for non-performance may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is obvious that one of the Parties will not perform at the due date the obligations incumbent upon them and that the consequences of this non-performance are sufficiently serious for the Party victim of the breach.
This option is used at the risk of the Party taking the initiative.
The suspension of performance will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the preventive exception for non-performance until the presumed defaulting Party performs the obligation for which a future breach is obvious, notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
Article 22. FORCE MAJEURE
The Parties cannot be held liable if non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party observing the event must immediately inform the other Party of its inability to perform its service and justify it to them. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor induce payment of damages or late penalties.
Performance of the obligation is suspended for the entire duration of force majeure if it is temporary and does not exceed a period of three (3) months. Consequently, as soon as the cause of suspension of their mutual obligations disappears, the Parties will make every effort to resume normal performance of their contractual obligations as quickly as possible. For this purpose, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is permanent or exceeds a period of three (3) months, these provisions will be purely and simply terminated according to the procedures defined in the article "Contract Termination".
Article 23. UNSUBSCRIPTION
The User acknowledges that Guideo reserves, in the event that their use of the Site is contrary to these provisions and more generally to laws and regulations in force, to proceed immediately and without notice to their unsubscription from the Site's services and/or blocking of their access to the Site. Guideo reserves the right to provide, at the request of any legitimate authority, all information enabling or facilitating the identification of the offending User.
Article 24. CONTRACT TERMINATION
It is reminded that in case of breach by one of the Parties of one of its obligations under this contract, the other Party may, one (1) month after unsuccessful formal notice, pronounce the termination of the contract.
The formal notice must contain the causes of the complaint, the reasonable time left to the Party given formal notice (minimum period of one month) and will be notified by registered letter with acknowledgment of receipt or any extrajudicial act.
Termination of the contract by the Service Provider will make due, where applicable, the fees remaining to be paid, without prejudice to any damages that may be claimed. The Service Provider may retain as damages all sums it may have received, without prejudice to all other rights it may assert.
In any event, the aggrieved party may always request in court the award of damages.
Article 25. DISPUTES
All disputes to which this contract may give rise, concerning both its validity, interpretation, execution, termination, their consequences and their sequels will be submitted to the competent courts under conditions of common law.
The consumer Client is informed that they may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The consumer Client is also informed that they may, subject to the exclusive jurisdiction of certain courts, refer at their choice, in addition to one of the courts territorially competent under the Code of Civil Procedure, the court of the place where they resided at the time of conclusion of the contract or the occurrence of the harmful event.
Article 26. PRE-CONTRACTUAL INFORMATION – CONTRACT ELEMENTS
The consumer Client acknowledges having received communication, prior to placing their order and concluding the contract, in a readable and understandable manner, of these T&Cs and all information listed in Article L.221-5 of the Consumer Code, and in particular:
- The essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- The price of Services and ancillary costs (delivery, for example);
- In the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the ordered Services;
- Information relating to the Service Provider's identity, postal, telephone and electronic contact details, and its activities, if not apparent from the context;
- Information relating to legal and contractual guarantees and their implementation procedures;
- The functionalities of digital content and, where applicable, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), termination procedures and other important contractual conditions;
- Accepted payment methods.
The fact that an individual (or legal entity) orders on the website "guideo.cloud" entails adherence and full and complete acceptance of these General Terms and Conditions of Sale and obligation to pay for the ordered Services, which is expressly acknowledged by the Client, who renounces, in particular, to rely on any contradictory document, which would be unenforceable against the Service Provider.
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