Special Terms and Conditions of Sale — Digital Products

Preamble

These Special Terms and Conditions of Sale ("Digital Products STCS") supplement the General Terms and Conditions of Sale of Axelo and apply specifically to the sale of digital products (templates, models, software components, ebooks, downloadable educational content) published by Axel REGNOULT, operating under the trade name Axelo (SIRET 895 214 989 00017 — 128 rue de la Boétie, 75008 Paris, France).

In the event of any inconsistency between the GTCS and these STCS, the latter shall prevail in respect of digital products. For everything else, the GTCS apply in full.

Article 1 — Purpose and scope

These STCS govern the sale, by distance and electronic means, of downloadable digital products offered on the website https://www.web-agency.app, whether sold to a consumer Customer (B2C) or to a professional Customer (B2B).

The following are notably covered: website templates, document templates, reusable software components, educational content (ebooks, PDF sheets, video tutorials) and any other file delivered exclusively by download, without a physical medium.

Article 2 — Pre-contractual information (L.221-5 Consumer Code)

In accordance with article L.221-5 of the French Consumer Code, the consumer Customer receives, prior to the conclusion of the contract and in a legible and comprehensible manner, the following information:

• essential characteristics of the digital product (functional description, format, size, language, technical prerequisites);
• unit price including taxes in euros — Axelo not being subject to VAT under article 293 B of the French General Tax Code, the price equals the pre-tax price and is marked "VAT not applicable, art. 293 B CGI";
• terms of payment, delivery and performance of the contract;
• identity, postal, telephone and electronic contact details of the seller;
• existence or absence of a right of withdrawal and its terms (see article 5);
• existence and means of implementing the statutory warranties;
• duration of the contract or, if open-ended, the conditions for termination;
• functionalities of the digital content, technical protection measures and interoperability with usual hardware and software.

Article 3 — Essential characteristics and price

Each digital product is described in a dedicated product sheet specifying its essential characteristics, functional scope, technical prerequisites (operating system, browser, minimum version, any dependencies) and the format of the files delivered.

The unit price is displayed in euros on the product sheet, including any applicable taxes. "VAT not applicable, art. 293 B CGI" — no VAT applies. Prices may change; the price applicable to the order is the one displayed at the moment the Customer validates the order.

Article 4 — Payment and digital delivery

Payment is due in full when the order is placed, by bank card via the Stripe provider, or by any other means indicated on the Site at the time of ordering.

Delivery of the digital product is immediate upon validation of payment, by making available a download link sent by email to the address provided by the Customer, and/or by direct access from the customer area. The Customer is responsible for keeping the downloaded files; availability is guaranteed for a minimum period of 30 days from purchase.

Article 5 — Right of withdrawal and express waiver

5.1 — Principle (B2C). In accordance with articles L.221-18 et seq. of the French Consumer Code, the consumer Customer has, in principle, a period of fourteen (14) clear days from the conclusion of the contract to exercise the right of withdrawal, without having to give reasons or bear any costs other than those provided for by law.

5.2 — Legal exception — express waiver (L.221-28 13°). For contracts for the supply of digital content not provided on a tangible medium, whose performance has begun before the end of the withdrawal period, the right of withdrawal cannot be exercised once the consumer Customer has, in accordance with article L.221-28 13° of the French Consumer Code:

• given prior express consent to performance before the end of the withdrawal period;
• and expressly acknowledged that they thereby lose the right of withdrawal.

Before validating the order, the Customer ticks a dedicated box reflecting this twofold consent. A written confirmation is sent to the Customer by email.

5.3 — Professional Customers (B2B). The right of withdrawal under the Consumer Code does not apply to relations between professionals, unless the professional Customer meets the conditions of article L.221-3 (business with five or fewer employees, contract outside the scope of its main activity).

Article 6 — Licence to use the digital content

The sale of a digital product grants the Customer a non-exclusive, non-transferable, personal licence of use, for an unlimited period from payment, excluding any transfer of intellectual property.

This licence is consistent with article 4 of the GTCS (assignment of rights on deliverables). Unless otherwise stated on the product sheet, the Customer may:

• install, run and use the digital product for their own needs, whether professional or personal;
• make a backup copy;
• adapt or modify the digital product for their own use.

The following are prohibited: resale, sub-licensing, distribution to third parties, public availability on the internet or any shared network, use for infringement purposes, or removal of intellectual property notices.

Article 7 — Legal warranty of conformity

In accordance with articles L.224-25-12 to L.224-25-26 of the French Consumer Code, the digital product is, for the consumer Customer, subject to a legal warranty of conformity for a period of two (2) years from the supply of the digital content.

For digital content supplied in a single operation or by a series of separate supply operations, the warranty of conformity applies to defects existing at the time of supply and arising within two years thereof. For content supplied on a continuous basis, the warranty applies throughout the supply period.

In the event of non-conformity, the Customer may, at no cost, request that the digital content be brought into conformity; failing that, the Customer may obtain a price reduction or rescission of the contract on the conditions provided for by law.

Any claim must be sent to legal@web-agency.app with the subject "Legal warranty — digital product" and the order reference.

Article 8 — Warranty against hidden defects

In accordance with articles 1641 to 1649 of the French Civil Code, Axelo is liable for hidden defects in the digital product that render it unfit for its intended use, or that so diminish that use that the Customer would not have acquired it, or would have given only a lower price for it, had they known of them.

An action arising from redhibitory defects must be brought by the Customer within two years of the discovery of the defect (art. 1648 CC). The Customer may choose either to return the product and obtain a refund of the price, or to keep the product and obtain a partial refund of the price.

Article 9 — Technical support

Technical support for digital products is provided according to the terms set out in the Customer Support Policy and SLA (channels, working hours, response times, scope).

Support includes assistance with installation and compliant use of the digital product, as well as handling of requests covered by statutory warranties. Excluded from free support: training on third-party tools, bespoke developments and feature evolutions, which are subject to a separate quote.

Article 10 — Governing law and jurisdiction

These STCS are governed by French law. Rules on jurisdiction and mediation are identical to those set out in article 21 of the GTCS, namely:

• for the consumer Customer (B2C): jurisdiction of the courts having territorial competence under the French Code of Civil Procedure, with the option of referring the matter to the consumer mediator CM2C (www.cm2c.net);
• for the professional Customer (B2B): exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or warranty claims.