General Conditions of Sale
Art. 1 - General provisions
1. These General Conditions of Sale use definitions which, for clarity, are explained below. The terms defined in the singular in point 1 of these General Conditions of Sale are equivalent to the same expressed in the plural, and vice versa.
1.1 bSmart Labs: the company that owns the DidierFLE Boutique service and carries out the sale.
1.2 Customer: a person who places the Order and makes the Purchase. For convenience, the definition of Customer will be used to indicate a user of the DidierFLE Boutique site. In the event that a natural person acts in the name and on behalf of a legal person (company or entity with legal personality), an entity or an association, Customer means the legal person (company or entity with legal personality), entity or association in the name and on behalf of which the subject places the Order; if the person placing the Order is a Consumer, Customer means the Consumer.
1.3 Consumer: a subject who uses the goods according to the definition contained in the Consumer Code (Italian Legislative Decree no. 206 of 6 September 2005, as subsequently amended and supplemented). Consumer protection is regulated in part III, title III, chapter I, section II “Distance contracts” of Italian Legislative Decree no. 206 (“Consumer Code, pursuant to Article 7 of Italian Law no. 229 of 29 July 2003”).
1.4 Contract: the agreement, governed by these General Conditions of Sale, which has as its object the sale of digital Services that can be purchased by the Customer from DidierFLE Boutique; the contract is governed by these General Conditions of Sale.
1.5 Digital service: the service available for purchase from the DidierFLE Boutique and which may be ordered by the Customers of the site.
1.6 Summary of the Order: this is the document that lists the digital Services that the Customer has placed in their Shopping Cart with all the information that will enable the user to have an overview of the Order that s/he is about to place: essential characteristics of the Digital Services, prices, taxes and any other information.
1.7 Order Confirmation: this is the communication, displayed by the user at the end of the checkout procedure, which confirms payment has been made for the Order, and therefore that it has been received by the DidierFLE Boutique systems.
1.8 Order Receipt: this is the communication - sent by e-mail to the customer's address - confirming the purchase of Digital Services and, in the case of Digital Services, containing the activation information for their immediate provision.
2. DidierFLE Boutique is an e-commerce service related to the DidierFLE platform (https://educadhoc.fr/) and can be reached at the web address: https://educadhoc.fr/. The placing of an Order on the site implies acceptance of the Conditions of Use and the Data Protection Policies of the Éducadhoc platform.
3. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I of the Italian Consumer Code (Italian Legislative Decree no. 206/05, as amended by Italian Legislative Decree no. 21/14 and Italian Legislative Decree no. 70/03) by bSmart Labs srl with registered office in Via Montorfano, 98 20831 Seregno (MB), VAT number: 03728130968 Registered in the Economic and Administrative Index no. 1697973.
4. The object of the service is provided on the basis of the terms of the License of Use, the details of which are set out in the appendix to these General Conditions of Sale. The activities permitted to the consumer and the recipient of the service are related to the purchase and use of licences that allow the Consumer access to digital content. Products purchased can only be used on the Éducadhoc platform.
5. The user is required, before accessing the products provided by the site, to read these General Conditions of Sale, which are generally and unequivocally accepted at the time of purchase. Together with these General Conditions of Sale - relating only to the DidierFLE Boutique service - the user is invited to read the General Conditions of Use.
6. DidierFLE Boutique has the right to unilaterally change these General Conditions of Sale, with no obligation to notify the Customer.
7. DidierFLE Boutique has an interface enabled for the following languages: English, French, and Spanish.
Art. 2 - Object of the General Conditions of Sale
1. These General Terms and Conditions of Sale govern the offer of Digital Services, the forwarding and acceptance of Orders from DidierFLE Boutiques and do not regulate the provision of services or the sale of products by parties other than the seller that are present on the same site through links, banners or other hyperlinks.
2. Before submitting Orders for Digital Products and/or Services of third parties, the Customer should check the Conditions of Sale of such parties.
Art. 3 - Conclusion of the Contract
1. In order to conclude the Purchase Agreement and give rise to the creation of a valid Order, the Customer must complete the form on the pages of the DidierFLE Boutique website when completing the Order, with all the necessary information.
2. It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the means of payment that may be used, the methods of delivery of the Digital Services purchased and the relative shipping and delivery costs (if provided), a reference to the details relating to the right of withdrawal, as well as the methods and times for returning the Services purchased (if applicable).
4. The Contract is considered concluded when the DidierFLE Boutique systems receive the form correctly completed by the Customer. The signing of the Contract between the Customer and bSmart Labs corresponds to the opening of a new Order, which will be confirmed only at the end of the payment procedure chosen by the Customer from those available.
5. The purchaser is obliged to pay the price shown in the Order Summary phase from the time the online Order submission procedure is completed. The Customer confirms their wish to proceed with the payment by clicking on the "Confirm payment" button on the Order Summary page.
6. Once the contract is entered into according to the methods described in the previous articles, bSmart Labs shall accept the Order for its processing.
Art. 4 - Availability of Digital Products and/or Services
1. For the Digital Services for sale through DidierFLE Boutique, there is no concept of availability, as the provision of the service does not depend on storage in a warehouse. In the absence of access restriction policies, decided upon unilaterally by bSmart Labs, the Digital Services can be purchased without limitation of availability by Customers. bSmart Labs may adopt, in some cases and at its sole discretion, a limitation based on the number of Digital Services purchased by a single Customer.
5. Cancellation of an Order for Digital Services is not envisaged, as the service is made available immediately after payment of the Order.
Art. 5 - Product catalogue
1. DidierFLE boutique, during the initial phase, only sells school book licences in digital format, considered Digital Services.
2. The site which may be accessed at eboutique.didierfle.com details the complete range of Digital Services.
Art. 6 - Prices, purchase procedure and payment methods
1. The price of the Digital Services is that indicated from on each occasion on the site unless there is an obvious error.
2. In the event of an error, DidierFLE will take all possible steps to promptly notify Customers, allowing confirmation of the Order at the right amount or its cancellation. In any case, there is no obligation for DidierFLE Boutique to provide the Digital Service sold at the incorrectly indicated lower price.
3. The prices indicated on the DidierFLE Boutique website may include VAT if applicable, but in any case a clear indication is given of the composition of the price resulting from the base price plus VAT defined on a percentage basis. The prices decided by DidierFLE Boutique may be subject to change at any time, without prior notice. Such changes shall not affect Orders for which confirmation has already been sent.
4. For Digital Services, shipping costs are to be considered nil, as the object of the sale is an intangible asset.
5. A digital Service is added to the cart when the Customer clicks the "Add to cart" button in the detailed sheet of each Digital Service. Once the cart contains all the Services desired by the Customer, they move on to the checkout procedure, which leads to the Order Summary.
6. During the purchasing procedure, the Customer must follow the instructions indicated in the various phases of the checkout, by entering, where required, the information necessary to complete the Order. The details and contents of the order can be edited by the Customer at any time before making payment.
7. DidierFLE Boutique offers its customers two payment methods:
Credit Card (Legal agreements for the use of the Service)
Art. 7 - Delivery
1. DidierFLE Boutique only sells Digital Services. Since these are intangible products, delivery is immediate through communication to the Customer of all the details necessary to access and use the purchased content.
Art. 8 - Transfer of risk
1. bSmart Labs, unless otherwise indicated, is not the manufacturer of the Digital Products and/or Services available on the site. The Customer must contact the individual manufacturers to invoke the guarantee that covers the Digital Products and/or Services purchased.
2. The legal guarantee provided for in articles 128 et seq. of Italian Legislative Decree 206/2005 (Consumer Code) applies to the Consumer Contract. In the event of a defect or fault in the DidierFLE Boutique digital Services, bSmart Labs shall guarantee the new provision of the online Service in which the defect or fault was found, unless such new provision is impossible or excessively onerous (e.g. because the Digital Service in relation to which the defect or fault was found is no longer available, or not within a short time frame), or return the consideration paid for the defective Digital Service or, if the legal requirements are met, terminate the Contract.
Art. 9 - Withdrawal
1. Withdrawal is not valid for Digital Services, as detailed in the Licence of Use appendix. The withdrawal will remain valid only if the Digital Service is not used, i.e. if the Consumer has never activated access to the Digital Service.
2. By signing these Conditions of Sale, the Customer, at the time of summary of the Order, agrees to waive the right of withdrawal for the Digital Services in case of activation thereof.
4. bSmart Labs will make the reimbursement using the same payment method chosen by the purchaser at the time of purchase.
Art. 10 - Data processing
Art. 11 - Contacts
1. Any request for information can be sent by e-mail to firstname.lastname@example.org or by mail to the address:
bSmart Labs srl c / o Centro Ge.Mi.No.
Via Torino, 3
20814 Varedo (MB)
These conditions were drafted on 01/02/2019.
Appendix - Digital Services User License
Since all the content for sale on DidierFLE Boutique falls within the category of Digital Services, some specific indications are necessary regarding this particular type of products.
1. In the consultation, exploitation and use in general of online digital content (e-books, music files, audiovisual files, software, etc.), the Customer must be aware that use is governed by the laws in force on copyright and related rights.
2. All Digital Services, where not otherwise indicated, can be used exclusively on the Éducadhoc platform, the methods of use for which are detailed on the https://educadhoc.fr/ website.
3. To understand the possibilities of using a Digital Service, the Customer must comply with the terms - where present - contained within the relevant detailed sheet on the DidierFLE Boutique website and, in any case, must comply with the copyright and related rights provisions in force.
4. As bSmart Labs is not the owner of the rights to the online digital content, is not authorised to assign the rights relating to these Digital Services to the Customer.