In effect on 01/09/2024

ARTICLE 1 - Scope

The present General Conditions of Sale (hereinafter referred to as "GCS") apply without restriction or reservation to any purchase of the following services: design, development of software and computer tools, as well as their operation and maintenance,

Consulting for businesses, notably in management and organization. as proposed by the Provider to non-professional clients ("Clients or Client") on the website https://luxarma.fr/.

The main characteristics of the Services are presented on the website https://obaragency.com/.

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. These GCS are accessible at any time on the site https://luxarma.fr/ and shall prevail over any other document.

The Client declares to have taken note of the present GCS and accepted them by checking the box provided for this purpose before implementing the online order procedure on the website https://luxarma.fr/.

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

The contact details of the Provider are as follows: LUXARMA, EI Registered with the Paris RCS, under number 941 388 340 at 27 rue de Paris, Charentob-le-Pont 94220. email: armand@luxarma.fr phone: 0613680547

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne solely by the Client.

ARTICLE 2 - Price

The Services are provided at the prevailing rates indicated on the website https://luxarma.fr/, at the time of the order registration by the Provider.

Prices are expressed in Euros, exclusive and inclusive of tax.

The rates take into account any discounts that may be granted by the Provider on the website https://luxarma.fr/.

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

The prices do not include processing, shipping, transport, and delivery fees, which are billed in addition, under the conditions indicated on the site and calculated prior to placing the order.

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

An invoice is issued by the Provider and handed over to the Client upon delivery of the ordered Services. Certain orders may be subject to a prior accepted quote.

Quotes issued by the Provider are valid for a period of 3 months from their issuance.

ARTICLE 3 – Orders

It is up to the Client to select on the website https://luxarma.fr/ the Services they wish to order, according to the following modalities:

The Client chooses one of our packages and receives a quote that they must settle within 90 days following the issuance of the quote. Once the quote is settled (equivalent to half of the total amount of the service they have chosen), they receive an invoice for the amount they have settled. At the time of service delivery, the Client pays the other half of the total amount of the order they have placed and receives a second invoice.

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

Any order placed on the website https://luxarma.fr/ constitutes the formation of a contract concluded at a distance between the Client and the Provider.

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

ARTICLE 4 - Payment Conditions

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

payment by credit card or payment by check or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Client upon placing the order)

The price is payable according to the following conditions and schedule:

• The first half of the payment occurs as soon as the order is placed and the second half occurs on the date of service provision.

• In case of late payment and payment of amounts due by the Client beyond the deadlines set above, and after the payment date indicated on the invoice sent to them, late penalties calculated at the legal rate applicable to the total amount inclusive of tax indicated on the said invoice will automatically and as of right be due to the Provider, without any formalities or prior notice.

Late payment will result in the immediate exigibility of all amounts due by the Client, without prejudice to any other action that the Provider may be entitled to take against the Client in this regard.

Furthermore, the Provider reserves the right, in case of non-compliance with the above payment conditions, to suspend or cancel the provision of the Services ordered by the Client.

Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved for bank transactions made on the website https://luxarma.fr/.

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

The Provider shall not be obliged to provide the Services ordered by the Client if the Client does not pay the total price under the conditions indicated above.

ARTICLE 5 - Provision of Services

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

Website creation service in France, Website maintenance service in France, does not require travel.

The said Services will be provided within a maximum period of 2 months (60 days) from the definitive validation of the Client's order, under the conditions provided in these GCS at the address indicated by the Client when ordering on the website https://luxarma.fr/.

The Provider commits to make its best efforts to provide the Services ordered by the Client, within an obligation of means and within the above specified deadlines. If the ordered Services have not been provided within 72 hours after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale of the Services may be resolved at the Client's request under the conditions provided in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code.

Amounts paid by the Client will be reimbursed within fourteen days following the date of termination of the contract, excluding any indemnification or withholding.

If the Client has specific requests regarding the conditions for providing the Services, duly accepted in writing by the Provider, related costs will be subject to a specific complementary billing later.

In the absence of reservations or claims expressly made by the Client upon receipt of the Services, they shall be deemed compliant with the order, in quantity and quality.

The Client has a period of 90 days from the provision of the Services to file claims by mail or by phone, with all relevant documents, to the Provider. No claim will be validly accepted in the event of non-compliance with these formalities and deadlines by the Client. The Provider will refund or rectify, in the shortest possible time and at its expense, those Services whose lack of conformity has been duly proven by the Client.

ARTICLE 6 - Right of Withdrawal

According to the provisions of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods over a defined period, the period begins from the receipt of the first item. "

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other unambiguous declaration expressing the intent to withdraw, notably by postal mail addressed to the Provider at the postal address or mail indicated in ARTICLE 1 of these GCS.

In case of exercising the right of withdrawal within the aforementioned period, only the price of the Services ordered is refunded. The refund of the amounts actually paid by the Client will be made within 14 days from the Provider's receipt of the Client's withdrawal notification.

ARTICLE 7 - Liability of the Provider

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

Provisions relating to legal warranties

Article L217-4 of the Consumer Code "The seller is obliged to deliver a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. He is also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been charged to him by the contract or carried out under his responsibility."

Article L217-5 of the Consumer Code "The good is compliant with the contract: 1° If it is suitable for the usual expected use of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer, or by his representative, notably in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by him."

Article L217-12 of the Consumer Code "The action arising from the lack of conformity is barred after two years from the delivery of the good."

Article L217-16 of the Consumer Code. "When the buyer requests the seller, during the period of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days is added to the duration of the remaining warranty. This period runs from the buyer's request for intervention or from the provision for the repair of the good in question, if this provision occurs after the request for intervention."

In order to assert his rights, the Client must inform the Provider in writing (by email or letter) of the existence of defects or conformity flaws.

The Provider will refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and no later than 90 days following the Provider's acknowledgment of the defect or flaw.

This refund may be made by transfer or bank check.

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

The Provider cannot be held responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure commonly recognized by French jurisprudence.

The Services provided through the website https://luxarma.fr/ by the Provider comply with the current regulations in France. The 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 it is the sole responsibility of the Client to verify, who is solely responsible for the choice of the requested Services.

ARTICLE 8 - Personal Data

The Client is informed that the collection of his personal data is necessary for the sale, realization, and delivery of the Services, as well as for their transmission to third parties involved in the implementation of the Services. This personal data is collected only for the execution of the service contract.

8.1 Collection of Personal Data

The personal data collected on the website https://luxarma.fr/ includes the following:

Order of Services: When ordering Services by the Client: Names, first names, postal address, phone number, and email address.

Payment: In the context of payment for the Services offered on the website https://luxarma.fr/, it records financial data related to the Client's bank account or credit card.

8.2 Recipients of Personal Data

The personal data is reserved for the exclusive use of the Provider and its employees. The data controller is the Provider, within the meaning of the Computer and Freedom Law and, as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.

8.3 Limitations on Processing

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

8.4 Data Retention Period

The Provider will retain the data thus collected for a period of 5 years, covering the statute of limitations for contractual civil liability applicable.

8.5 Security and Confidentiality

The Provider implements organizational, technical, software, and physical measures regarding 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 Provider cannot guarantee the security of information transmission or storage on the Internet.

8.6 Implementation of Clients' and Users' Rights

In application of the regulations applicable to personal data, Clients and users of the website https://obar-agency.com/ have the following rights:

They can update or delete the data concerning them as follows:

The Client can request the deletion of his personal data by Email and by Phone. His personal data will then be immediately removed from our databases.

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 Provider is inaccurate, they can request the updating 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 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 Provider to another service provider

Finally, they can oppose the processing of their data by the Provider

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

The Data Controller must respond within a maximum of one month.

In case of refusal to comply with the Client's request, it must be justified.

The Client is informed that in case of refusal, he can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring a judicial authority.

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

ARTICLE 9 - Intellectual Property

The content of the website https://luxarma.fr/ is the property of the Seller and its partners and is protected by French and international laws related to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 10 - Applicable Law - Language

The present GCS and the operations that arise from them are governed and subject to French law. The present GCS are written in French.

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

ARTICLE 11 - Disputes

For any complaints, please contact customer service at the postal or email address of the Provider indicated in ARTICLE 1 of these GCS.

The Client is informed that, in any case, he may resort to conventional mediation, with existing sector mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

In this case, the designated mediator is the consumer mediation of the Federation of Commerce and Distribution 12 rue Euler 75008, Paris https://mediateur.fcd.fr/reclamation/

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

All disputes arising from the purchase and sale operations concluded under these GCS that have not been subject to an amicable settlement between the seller or by mediation shall be submitted to the competent courts under common law conditions.