These Terms and Conditions of Sale (TCS) govern the use of the Tagada website and the contractual relationship between Tagada and its customers. By placing an order on our website, you fully accept these TCS.
Tagada is a showcase website that highlights a tool specifically designed to facilitate email conversions. The website is operated by CAMINA, a SASU company based in Cannes, located in the Provence-Alpes-Côte d'Azur region of France.
The purpose of these general terms and conditions of sale is to determine the technical, legal and financial conditions under which the company CAMINA SASU provides its customers, through its website accessible at the address: tagada.pro.
The Client declares that they have read, understood, and accepted these Terms and Conditions.
The Client declares that they have the legal capacity to enter into a contract and possess the necessary authorizations and delegations to do so.
These Terms and Conditions are made permanently available to the Client on every page at the bottom of each order. They are enforceable against any Client.
Consequently, any order placed on the Tagada website implies the Client’s unconditional acceptance of these Terms and Conditions.
It is recommended that the Client retains and/or prints these Terms and Conditions. Tagada can also provide them to anyone who requests them.
Tagada reserves the right to modify these Terms and Conditions at any time. Whenever possible, Tagada will notify the changes to these Terms and Conditions via an announcement on the Tagada website. However, Tagada recommends that the Client regularly consults the Terms and Conditions, especially before placing any new order.
The modified Terms and Conditions will be available for download and consultation by the User at the following URL: tagada.pro.
Acceptance of these modified Terms and Conditions follows the process as defined in the section "Acceptance and Opposition of the Terms and Conditions".
The use of the Application after the effective date of the updated Terms and Conditions constitutes acceptance of the updated Terms and Conditions. The updated Terms and Conditions will take effect as soon as they are published unless specified otherwise that their effectiveness is postponed to a later date.
The version applicable to a given order is the one in effect at the time of payment validation.
Unless otherwise expressly stated, these Terms and Conditions cancel and replace all prior exchanges between the parties before the order.
Any deviation from these Terms and Conditions can only be enforceable against Tagada if it has been duly accepted and formalized by a written document signed by Tagada.
CAMINA is only responsible for an obligation of means.
CAMINA undertakes to use its best efforts to ensure the proper delivery of the license to use the Tagada extension module.
The Client hereby acknowledges that fluctuations in bandwidth, the vagaries of internet access providers and domain name registrars are elements that may result in discontinuity in access to the service offered by Tagada beyond the control of CAMINA.
The right of withdrawal does not apply to Customers who have indicated that they wish to download the Product before the expiry of the 14-days period and who have expressly waived the exercise of this right.
In this respect, the following notice appears before the Customer proceeds with the download:
“By downloading, I wish to have immediate access to the downloaded content and therefore waive my right of withdrawal.”
In the event of non-performance by one of the Parties of a single one of its contractual obligations, the Contract may be terminated automatically by the other Party, without it being able to incur any liability of any kind as a result, 30 working days after sending a formal notice sent by registered letter with acknowledgment of receipt, which has remained in effect, when the non-performance is reparable.
CAMINA subscribes to a general obligation of means with regard to the Client, by which it undertakes to make its best efforts to perform the Service which is the subject of this document.
CAMINA cannot be held liable for any damage resulting from the use of the extension module by the Customer at the end of the period of 30 calendar days following the order.
CAMINA cannot be held liable for the repair of damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service and any other cause independent of the purpose of the Service.
CAMINA shall not be liable for any incidental damages, including financial losses, including loss of profits, unless said damages arise from its negligence or intentional fault on its part.
CAMINA cannot be held responsible for malfunctions noted by the Client in the use of the extension module license in the event that the Client has not carried out the updates recommended by CAMINA or the manipulations recommended by CAMINA following a malfunction noted by the Client during the execution of the Contract.
CAMINA cannot be held responsible for operating losses that may result from the execution of its support and update mission, unless the damage results from its negligence or intentional fault on its part.
In any event, CAMINA's liability will be limited to the payment of damages which cannot exceed the amount paid by the Customer when ordering.
Neither Party may be held liable for any delay, non-performance or any other breach of its obligations relating to the Order and/or relating to the warranty, where such failure results from a case of force majeure or an unforeseeable event.
The following are expressly considered to be unforeseeable circumstances or force majeure, in addition to those usually accepted by the case law of the French Courts and Tribunals: total or partial strikes, internal or external to the company, lockouts, bad weather, blocking of means of transport or supply for any reason whatsoever, earthquakes, seismic events, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blocking of telecommunications including the landline or mobile telephone network (GSM, GPRS, 3G, 4G, etc.) or any other case beyond the express control of the Parties preventing the execution of these terms and conditions under normal and/or reasonable conditions.
Initially, the fortuitous event or force majeure will suspend the execution of these presents.
In the event of the persistence of the fortuitous event or force majeure beyond a period of three (3) months, these General Conditions of Sale will, unless otherwise agreed by the Parties, be terminated automatically without the need for recourse to a court decision and without formal notice or prior notification.
In this case, the Parties will not be liable for the partial or total non-performance of their obligations under these General Conditions of Sale.
The invalidity based on the nullity, lapse, lack of binding force, unenforceability of any of the stipulations of the General Conditions of Sale pronounced in application of a law, a regulation or a final decision rendered by a competent court, does not in any way entail nullity, lapse, lack of binding force or unenforceability of the other stipulations of said General Conditions of Sale and has no effect with regard to the other contractual stipulations, which will retain all their effects, their force and their scope with regard to all the signatory Parties.
In this case, the Parties may come together and, by mutual agreement, agree to replace or modify the invalidated stipulation(s).
The online provision of the bank card number and the validation of the order by the Customer constitute proof of the order and result in the corresponding payment being due.
The following may also constitute legal proof of communications: the order, the customer's payment and all documents resulting from the archiving of purchase orders and invoices in CAMINA's computer systems.
The content of the website created by CAMINA is the exclusive property of CAMINA, which holds all intellectual property rights relating thereto.
The Client is prohibited from copying, reproducing or downloading all or part of its content, except with the prior, written and express authorization of CAMINA.
Any total or partial copying, reproduction or downloading of the content of the website created by CAMINA is likely to constitute an infringement of copyright.
The Client is prohibited from copying, reproducing or attempting to reproduce the extension module offered by CAMINA.
The granting of a User License by CAMINA does not in any way entail the transfer of intellectual property rights to the Product.
Any Product for which a License is granted remains the property of CAMINA. Consequently, the Customer only acquires from CAMINA, as a result of the Contract, a personal, non-exclusive, non-assignable and non-transferable right to use the Products listed in the online order.
Any dispute or litigation relating to the validity, interpretation, execution as well as the consequences and consequences of these General Conditions is subject to French law.
Any dispute arising from the formation, interpretation, validity, execution or termination of contractual relations established between the Client having the status of trader and CAMINA as well as any dispute relating to the implementation of the tort liability of one or other of the parties will be subject to the jurisdiction of the Courts of Lyon.
Any dispute arising from the formation, interpretation, validity, execution or termination of contractual relations established between the Client who does not have the status of a trader and CAMINA, as well as any dispute relating to the implementation of the tort liability of one or other of the parties, will be subject to the rules of jurisdiction of common law.