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INTERNET TERMS AND CONDITIONS OF SALE

In effect as of November 28, 2023

ARTICLE 1 - Scope

These General Terms and Conditions of Sale (referred to as "GTC") apply without restriction or reservation to any purchase of the following services:

Premium Access G-Hy TV

offered by the Service Provider to non-professional clients ("Clients or the Client") on the website https://www.g-hy-tv.com.

The main features of the Services are presented on the website https://www.g-hy-tv.com.

The Client is required to be aware of them before placing any order. The choice and purchase of a Service are the sole responsibility of the Client.

These GTCs are accessible at any time on the website https://www.g-hy-tv.com and will take precedence over any other document.

The Client declares that they have read and accepted these GTCs by ticking the box provided for this purpose before implementing the online ordering procedure on the website https://www.g-hy-tv.com.

Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.

The coordinates of the Service Provider are as follows:

ALFAMEGA, SAS

Share capital of 1000 euros

Registered with the RCS of Nanterre under number 899342737

41 RUE DES PEUPLIERS 92100 BOULOGNE-BILLANCOURT

Email: ghytvcontact@gmail.com

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and sole responsibility of the Client.

ARTICLE 2 - Price

The Services are provided at the rates in force on the website https://www.g-hy-tv.com when the order is recorded by the Service Provider.

Prices are expressed in Euros, excluding and including taxes.

The rates take into account any reductions that may be granted by the Service Provider on the website https://www.g-hy-tv.com.

These rates are firm and non-revisable during their period of validity, but the Service Provider reserves the right, outside the validity period, to modify the prices at any time.

Prices do not include processing, shipping, transport, and delivery fees, which are billed in addition, under the conditions indicated on the website and calculated before placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is established by the Service Provider and given to the Client upon the provision of the ordered Services.

ARTICLE 3 – Orders

It is the Client's responsibility to select on the website https://www.g-hy-tv.com the Services they wish to order, according to the following methods:

The client chooses a premium access subscription to access the "subscriber" part of the G-Hy TV site.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the website https://www.g-hy-tv.com constitutes the formation of a distance contract between the Client and the Service Provider.

The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute over the payment of a previous order.

The Client can follow the progress of their order on the website.

ARTICLE 4 - Payment Conditions

The price is paid by secure payment, according to the following methods:

  • Payment by credit card

The price is payable by the Client, in full on the day of placing the order.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in bank transactions carried out on the website https://www.g-hy-tv.com.

Payments made by the Client will only be considered final after the effective collection of the amounts due by the Service Provider.

The Service Provider will not be required to provide the Services ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 - Provision of Services

The Services ordered by the Client will be provided under the following conditions:

The subscription gives you unlimited access to all videos on the G-Hy TV site as well as our bi-weekly newsletters. But, as an exclusive and unprecedented privilege, the subscription also allows you to contact, through us, all other G-Hy TV subscribers. And this up to 12 connections per year.

The said Services will be provided within a maximum period of 1 day from the final validation of the Client's order, under the conditions provided for in these GTCs at the address indicated by the Client when placing the order on the website https://www.g-hy-tv.com.

The Service Provider undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the specified deadlines.

If the Services ordered have not been provided within 1 day after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale of the Services can be terminated at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of denunciation of the contract, excluding any indemnification or withholding.

In the event of a specific request from the Client regarding the conditions of provision of the Services, duly accepted in writing by the Service Provider, the costs associated with it will be the subject of a specific additional invoice later.

In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, they will be deemed to be in conformity with the order, in quantity and quality.

The Client has a period of 14 days from the provision of the Services to make complaints by email, with all supporting documents, to the Service Provider.

No claim can be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.

The Service Provider will refund or rectify as soon as possible and at its expense the Services whose lack of conformity has been duly proven by the Client.

ARTICLE 6 - Right of Withdrawal

Given the nature of the Services provided, orders placed by the Client do not benefit from the right of withdrawal.

The contract is therefore concluded definitively upon the placement of the order by the Client in accordance with the terms specified in these GTCs.

ARTICLE 7 - Liability of the Service Provider - Guarantees

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, resulting from a defect in the design or realization of the Services ordered under the conditions and according to the following modalities:

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when it has been charged with it by the contract or has been carried out under its responsibility."

Article L217-5 of the Consumer Code

"The good is in conformity with the contract:

1° If it is suitable for the customary use of a similar good and, if applicable:

  • if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

  • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter."

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the item in question, if this availability is subsequent to the request for intervention."

To assert their rights, the Client must inform the Service Provider in writing (by email or letter) of the existence of defects or lack of conformity.

The Service Provider will refund, rectify, or have rectified (to the extent possible) the services found to be defective as quickly as possible and no later than 14 days following the Service Provider's finding of the defect or vice. This refund can be made by bank transfer or check.

The Service Provider's guarantee is limited to the refund of the Services actually paid by the Client.

The Service Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French jurisprudence.

Services provided through the website https://www.g-hy-tv.com of the Service Provider comply with the regulations in force in France. The Service Provider's liability cannot be engaged in the event of non-compliance with the legislation of the country in which the Services are provided, which is the responsibility of the Client, who is solely responsible for choosing the requested Services to verify.

ARTICLE 8 - Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of the Services and their realization and delivery entrusted to the Service Provider. This personal data is collected only for the execution of the service provision contract.

8.1 Collection of personal data

The personal data collected on the website https://www.g-hy-tv.com is as follows:

Account opening

When creating the Client/user account:

Names, first names, postal address, telephone number, and email address.

Payment

As part of the payment for the Services offered on the website https://www.g-hy-tv.com, it records financial data related to the Client/user's bank account or credit card.

8.2 Recipients of personal data

Personal data is reserved for the sole use of the Service Provider and its employees.

The data controller is the Service Provider, within the meaning of the Data Protection Act and from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

8.4 Limitation of processing

Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will keep the data collected for a period of 5 years, covering the time of the applicable contractual civil liability prescription.

8.6 Security and confidentiality

The Service Provider implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.7 Implementation of the rights of Clients and users

In accordance with the applicable regulations on personal data, Clients and users of the website https://www.g-hy-tv.com have the following rights:

  • They can update or delete the data that concerns them in the following way:

Contact via ghytvcontact@gmail.com.

  • They can delete their account by writing to the email address indicated in article 9.3 "Data Controller."

  • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller."

  • If the personal data held by the Service Provider is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data Controller."

  • They can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 "Data Controller."

  • They can also request the portability of the data held by the Service Provider to another service provider.

  • Finally, they can object to the processing of their data by the Service Provider.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In the event of a refusal to accede to the Client's request, it must be motivated.

The Client is informed that in the event of a refusal, they can file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or refer to a judicial authority.

The Client may be asked to check a box under which they agree to receive informational and advertising emails from the Service Provider. They will always have the option to withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual Property

The content of the website https://www.g-hy-tv.com is the property of the Seller 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 may constitute an offense of counterfeiting.

ARTICLE 10 - Applicable Law - Language

These GTCs and the operations resulting from them are governed and subject to French law.

These GTCs are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute.

ARTICLE 11 - Disputes

For any claims, please contact the customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these General Terms and Conditions.

The Customer is informed that, in any case, they can resort to conventional mediation, through existing sector-specific mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

Email: ghytvcontact@gmail.com

The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions that have not been amicably settled by the seller or through mediation will be submitted to the competent courts under the conditions of common law.

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