Terms of Sale

Effective date: 07/25/2025

The purpose of these general terms of sale is to define the obligations of the parties and the conditions of sale of goods and services sold on the website https://atrakt.agency.

Any purchase on this site implies, on the part of the customer, unreserved acceptance of these general terms of sale.

If any of the provisions of these GTS are canceled, in whole or in part, the validity of the remaining provisions will not be affected. In this case, the parties must, if possible, replace the canceled provision with a valid provision corresponding to the spirit and purpose of the contract.

The fact that either party does not claim the application of any clause of these GTS or acquiesces to its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by that party of the benefit of said clause.

Terms of Performance for Services

The customer makes available to the seller all information and documents that may contribute and/or are necessary for the proper performance of the services.

The seller may subcontract all or part of the operations entrusted by the customer.

The services are committed and provided within the deadlines provided in the special conditions of sale and, where applicable, payment of the fixed deposit. Otherwise, the seller’s intervention deadline will be postponed accordingly.

The deadline is given as an indication and does not constitute a strict deadline. Under no circumstances can the seller be held liable to the customer in the event of delay in the provision of services.

Prices

The prices charged are those in effect on the site on the day of the order. They are expressed in € and calculated excluding taxes. They will therefore be increased by the applicable VAT rate in force.

They may also be increased by any delivery costs applicable on the day of the order. The prices indicated include, where applicable, the discounts that the seller may grant to the customer.

The seller reserves the right to modify its prices and financial conditions at any time. However, it undertakes to invoice the goods or services ordered under the conditions and prices indicated when the order was recorded.

Invoices & Payment Terms

Invoices are sent to the customer, electronically or by postal mail.

Payment of invoices is made by credit card, bank transfer, PayPal, Stripe at the time of order.

No discount will be granted in the event of advance payment of an invoice.

Late Payment

In accordance with article L441-10 of the Commercial Code, in the event of late payment, the sums due will bear interest at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points.

Late payment penalties run automatically from the day following the payment date appearing on the invoice and are payable without a reminder being necessary or any prior formal notice.

Similarly, the professional, in a situation of late payment, is automatically liable to the creditor for a fixed compensation of €40 for recovery costs. When the recovery costs incurred are greater than the amount of this fixed compensation, the creditor may request additional compensation, upon justification.

By express agreement between the parties, failure to pay any sum due by the customer to the seller results in payment, as a penalty clause, of a fixed compensation of 20% on the total amount of sums due by the customer.

In addition, the seller reserves the right to invoice the bank charges that it would have to bear due to the necessary steps to recover the sums owed to it by the customer.

Similarly, the seller authorizes itself to stay further deliveries if the customer does not pay the sums due under the conditions and according to the terms set.

Delivery & Reception

The services ordered are provided within the deadlines provided at the time of order and payment of the sums due. Otherwise, the seller’s intervention deadline will be postponed accordingly.

It is the customer’s responsibility to verify the conformity of their order upon receipt and, if necessary, to formulate all reservations to the seller, by registered mail with acknowledgment of receipt, within 8 working days following receipt.

It is the customer’s responsibility to provide any justification regarding the reality of the anomalies, apparent defects found, etc.

Beyond this period, any delivery that has not been subject to reservations will be deemed to conform to the order and considered accepted by the customer, who will then be deprived of any recourse against the seller.

Termination Clause

If the customer fails to make payment of the sums due on the fixed deadline, the sale will be terminated automatically, 8 days after sending a formal notice to pay, recalling the seller’s intention to rely on this clause.

Intellectual Property Rights

The seller retains all intellectual property rights to studies, models, etc., produced, even at the customer’s request, as part of the performance of the services.

The customer therefore prohibits any external dissemination to the company or exploitation of said documents, without the express, written and prior authorization of the seller, which may condition it on financial consideration. Otherwise, the customer’s liability may be engaged.

Complaint

In the absence of reservations or complaints expressly made by the customer upon receipt of the services, by registered mail with acknowledgment of receipt, and with all supporting documents, the delivery is deemed to comply with the stipulations of the order, in quantity and quality.

Personal Data

The site publisher undertakes that the collection and processing of personal data, carried out from this site, comply with GDPR and the Data Protection Act. It undertakes in particular to ensure the security and confidentiality of this data. As such, only authorized persons have access to it.

The collection of this data, which has the legitimate interest of the data controller as its legal basis, is intended for customer relationship management operations, unpaid debts and litigation.

The data processed is that resulting from registration, by the person themselves, when ordering on our site.

Personal data collected via our website is kept for a period of 3 years from the day of their collection.

Personal data is transferred to the following country(ies): USA

In accordance with personal data protection legislation, any natural person has a right of access, rectification, deletion, portability to the information concerning them, which you can exercise by sending us an email, accompanied by a copy of your identity document, to the address contact@johancode.fr

You can consult the cnil.fr website for more information on your rights.

You can also, for legitimate reasons, object to the processing of data concerning you. If you believe, after contacting us, that your “Data Protection” rights are not respected, you can file a complaint with the CNIL.

Applicable Law & Competent Jurisdiction

These general terms of sale are governed by French law. In the event of a dispute, and after attempting to find an amicable solution, jurisdiction will be attributed to the competent courts.