ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of Pick&Go services (‘the Services’) offered by SAS STUDCORP (‘the Provider’) to consumers and non-professional clients (‘the Clients or the Customer’) on its website https://www.studcorp.com/. The main characteristics of the Services are presented on the website https://www.studcorp.com/. The choice and purchase of a Service is the sole responsibility of the Customer. The Provider’s contact details are as follows: 16 avenue des Fauvettes 33700 Mérignac These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services. These General Terms and Conditions of Sale are accessible at any time on the website and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded in the provider’s computer system constitutes proof of all transactions concluded with the Client. In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Client has the right to access, rectify, oppose, delete and port all of his personal data at any time by writing, by post and providing proof of his identity, to SAS STUDCORP 37 Quai des chartrons, 33000 Bordeaux. The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure, as well as the general terms and conditions of use of the website https://www.studcorp.com/. Unless there is proof to the contrary, the data recorded by SAS STUDCORP constitutes proof of all the transactions carried out by SAS STUDCORP and the Customer via the website https://www.studcorp.com/. Validation of the order for Services by the Customer implies acceptance without restriction or reservation of these General Terms of Sale. The Customer acknowledges that he/she has the capacity required to contract and acquire the Services offered on the website https://www.studcorp.com/. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 – Orders
The Customer selects on the website the services he/she wishes to order, according to the following procedures: Registration on the website https://www.studcorp.com/. Ordering an insurance policy for departure abroad Ordering a pick&go offer in addition to the insurance. Confirmation of the order Payment of the insurance and the pick&go offer. The contractual information is presented in French and is confirmed at the latest when the Customer validates the order. For orders placed exclusively on the Internet, the registration of an order on the Provider’s website is completed when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Customer’s responsibility to check the accuracy of the order and to report any errors immediately. The sale of Services shall only be considered final after the Provider has sent the Customer confirmation of acceptance of the order by e-mail and after the Customer has received the full price and the full deposit due. Any order placed on the website https://www.studcorp.com/ constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider. SAS STUDCORP reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
ARTICLE 3 – Rates
The Services offered by the Provider are provided at the rates in force on the website https://www.studcorp.com/ according to the quote drawn up by the Provider, when the order is registered by the Provider. Prices are expressed in Euros, exclusive of tax and VAT. The prices take into account any discounts that may be granted by the Provider under the conditions specified on the website https://www.studcorp.com/. These prices are firm and non-revisable during their period of validity, as indicated on the website https://www.studcorp.com/, the Provider reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing and administration costs, which are invoiced in addition, under the conditions indicated on the website https://www.studcorp.com/ and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice will be issued by the Provider and given to the Customer upon delivery of the ordered Services.
ARTICLE 4 – Terms of payment
The price is payable in full on the day the Customer places the order, in accordance with the terms and conditions specified in the “Orders” article above, by secure payment: – by bank card: Visa, MasterCard, American Express, other blue cards (Ecard bleue) – by telephone – by paypal – by private cards – by bank cheque, for any order greater than or equal to “Amount” euros including tax. In the case of payment by bank cheque, it must be issued by a bank domiciled in metropolitan France or Monaco. The cheque is cashed on receipt. The payment data is exchanged in encrypted mode. The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in accordance with the above conditions. Payments made by the Customer shall only be considered final after the Service Provider has received the amounts due. In addition, the Service Provider reserves the right, in the event of non-compliance with the above payment terms, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations. The Customer shall not be charged any additional costs beyond those incurred by the Service Provider for the use of a payment method.
ARTICLE 5 – Provision of Services
The Services ordered by the Client, which include the Pick&Go services, will be provided in accordance with the following terms and conditions, transmission of an access code by e-mail in order to identify oneself on the sites of the partners of SAS STUDCORP within a maximum period of 24 hours from the final validation of the Client’s order, in accordance with the conditions set out in the present General Terms and Conditions of Sale, supplemented by the special terms and conditions of sale given to the Client together with the present General Terms and Conditions of Sale, at the address indicated by the Client when placing the order on the Internet site https://www studcorp.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 deadlines specified above. If the ordered services have not been provided within 72 hours after the indicative date specified above, for any other reason than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction. Name – Denomination: STUDCORP, Corporate form: SAS, Share capital: 1,000 euros, Registered office: 16 avenue des Fauvettes 33700 merignac, Registration number: 839 331 279 RCS BORDEAUX.
ARTICLE 6 – Right of withdrawal
The Customer has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from the Service Provider and cancel his order, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, unless the execution of the services has begun, with the Customer’s agreement, before the end of the withdrawal period. The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the website https://www.studcorp.com/, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Service Provider, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to SAS STUDCORP, 16 avenue des Fauvettes 33700 Mérignac, mentioning the order concerned by this withdrawal. If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered shall be refunded. The reimbursement of the sums actually paid by the Customer will be made within 14 days (at the latest 14 days) from the date of receipt by the Provider of the notification of the Customer’s withdrawal.
ARTICLE 7 – Liability of the Provider – Warranty
The Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect, resulting from a design or manufacturing defect of the ordered Services under the conditions and according to the terms defined in the appendix to these General Terms of Sale. In order to assert its rights, the Customer must inform the Service Provider in writing of the existence of the defects or lack of conformity within a maximum period of 14 days from the provision of the Services. The Service Provider shall refund or rectify or arrange for the rectification (where possible) of the services found to be defective as soon as possible and at the latest within 14 days of the Service Provider’s discovery of the defect or fault. Reimbursement shall be made by crediting the Customer’s bank account or by sending a bank cheque to the Customer. The Service Provider’s warranty is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognised by French jurisprudence. The Service Provider’s liability is limited to the correction of errors or anomalies resulting from a bad transmission of information necessary for the collection of services provided by its partners. The Provider’s liability shall in no case be called into question for a defect in the third-party services of SAS STUDCORP’s partners. The Services provided through the Provider’s website https://www.studcorp.com/ comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 8 – Data processing and liberties
In application of the law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website https://www.studcorp.com/ meets the legal requirements in terms of personal data protection, the information system used ensuring optimal protection of this data. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him. This right may be exercised under the conditions and according to the procedures defined on the website https://www.studcorp.com/.
ARTICLE 9 – Intellectual property
The content of the website https://www.studcorp.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 forbidden and is likely to constitute an infringement of copyright. In addition, the Service Provider retains all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) for the purpose of providing the Services to the Client. The Customer shall not reproduce or exploit such studies, drawings, models, prototypes, etc. without the express, written and prior authorisation of the Service Provider, which may be subject to a financial consideration.
ARTICLE 10 – Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
ARTICLE 11 – Specific performance
Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a failure by one or other of the Parties to fulfil its obligations, the Party suffering the failure may not request compulsory execution.
ARTICLE 12 – Proportional reduction of the price in case of imperfect performance of the obligation
In the event of a Party failing to fulfil one or other of its obligations, the creditor may, in application of Article 1223 of the Civil Code, 14 days after the debtor of the obligation has received a formal notice served by registered letter with a request for acknowledgement of receipt, to perform, which has remained without effect, if he has not yet paid for all or part of the service, notify the debtor as soon as possible of his decision to accept an imperfect performance of the contract and to reduce the price proportionally. The acceptance by the debtor of the creditor’s decision to reduce the price shall be in writing. In the absence of an agreement between the parties on the amount of this proportional reduction of the price, it shall be determined by an expert in accordance with Article 1592 of the Civil Code. In the event that the creditor of the obligation has already paid the price, in whole or in part, he may, in the absence of an agreement between the Parties, ask the judge to reduce the price
ARTICLE 13 – Exception of non-performance
It is recalled that, pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default observed, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch. This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party that has been the victim of the default. This option shall be used at the risk of the Party taking the initiative. The suspension of performance shall take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the exception of preventive non-performance until the Party presumed to be in default performs the obligation for which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.
ARTICLE 14 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. It is expressly agreed that a case of force majeure is any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The Party noting the event shall without delay inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay. The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 60 days, the present contract shall be purely and simply terminated in accordance with the terms and conditions defined in the article “Termination due to force majeure”. During this suspension, the Parties agree that the costs generated by the situation shall be borne by the prevented Party.
ARTICLE 15 – Termination of the contract
15-1 – Termination due to force majeure Termination by operation of law due to force majeure may only take place, notwithstanding the clause Termination due to failure by a party to fulfil its obligations set out below, 30 days after receipt of a formal notice sent by registered letter with acknowledgement of receipt or any extrajudicial act. However, this notice of default must mention the intention to apply the present clause. 15-2 – Provisions common to cases of termination It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly put in default by the mere fact that the obligation is due, in accordance with the provisions of article 1344 of the Civil Code.
ARTICLE 16 – Applicable law – Language
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law. The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 – Disputes
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law. The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, the references of which are given on the website https://www.studcorp.com/ or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a reply within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum of one year from the initial complaint.
The MCP MEDIATION mediator may be contacted directly online at the following address: www.mcpmediation.org or by post MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS
ARTICLE 18 – Pre-contractual information – Acceptance by the Client
The Customer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L. 221-5 of the Consumer Code, and in particular the following information the essential characteristics of the Services, taking into account the communication medium used and the Service concerned; the price of the Services and the ancillary costs (e.g. delivery); in the absence of immediate execution of the contract, the date or period within which the Service Provider undertakes to provide the Services ordered; information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context, information relating to the legal and contractual guarantees and the terms and conditions of their implementation; the functionalities of the digital content and, where appropriate, its interoperability; the possibility of recourse to conventional mediation in the event of a dispute; information on the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), termination procedures and other important contractual conditions. the accepted means of payment. The fact that a natural person (or legal entity) orders on the website https://www.studcorp.com/ implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Provider.
ARTICLE 19 – Consumer mediation
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a reply within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum of one year from the initial complaint.
The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org
or by mail MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS