General terms and conditions of subscription
Article 1 – General provisions and scope
These General Terms and Conditions of Sale (hereinafter "GTC") constitute, in accordance with Article L. 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the Parties. They apply exclusively to the referencing and visibility services offered by SASU COLLECTION OUI to wedding professionals, within the COLLECTION OUI platform accessible at www.collectionoui.com (hereinafter the "Platform").
Their purpose is to define the conditions under which SASU COLLECTION OUI (hereinafter referred to as "the Provider") provides the Client with the services of referencing, visibility and provision of a professional space within the digital directory COLLECTION OUI, a directory dedicated to wedding professionals and accessible to future brides and grooms, designated below.
Service Provider Identification: COLLECTION OUI SASU, a simplified joint-stock company with a single shareholder and a capital of 50 euros, whose registered office is located at 13 rue Albert Notari, 13730 SAINT-VICTORET, registered with the Aix-en-Provence Trade and Companies Register under number 105 562 870, represented by Ms. Angélique RIVIERA, its current legal representative, residing at the aforementioned registered office. The email address is mariage@collectionoui.fr and the telephone number is +33 6 58 03 54 81.
A Client or Partner is defined as any natural or legal person with the legal capacity to contract, acting within the framework of their professional activity in the wedding sector and subscribing to the Provider's services in order to be listed and made visible on the COLLECTION OUI Platform to future brides and grooms.
In accordance with current regulations, the Provider reserves the right to deviate from certain clauses of these General Terms and Conditions and to set specific conditions based on negotiations conducted with the Client, through the establishment of a Service Contract.
It is specified that the General Terms and Conditions and the special conditions form an inseparable whole, it being expressly agreed that in the event of contradiction between the General Terms and Conditions and the special conditions contained in the Service Contract, the latter shall prevail.
Article 2 – Purpose of the contract
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the Parties in the context of any subscription by a Client to the services offered by SASU COLLECTION OUI, in order to benefit from referencing and visibility services within the Platform (hereinafter the "Services").
These Services include in particular the creation and publication of an editorialized professional profile, highlighting the Client's exclusive advantage to future brides and grooms holding the COLLECTION OUI Pass and providing a professional space allowing the Client to manage their profile.
The Service Provider reserves the right to modify its terms, services, or prices. These modifications will be notified to the Client by email at least fifteen (15) days before they take effect and, in any event, before the expiry of the notice period stipulated in Article 15.1 of these General Terms and Conditions. However, these modifications will only apply to new subscriptions and contracts renewed after their effective date. Contracts signed before the effective date of the new terms and conditions will remain governed by the previous version of the General Terms and Conditions until their expiry.
Article 3 – Services offered by the Provider
As part of its business, the Service Provider offers the Client a single subscription package encompassing all the services described below. The Client subscribes according to their chosen plan, monthly or annual, under the terms and conditions stipulated in the service agreement. The services offered are as follows:
— Creation of an editorialized professional profile : presentation of the Client's activity, contact details, achievements and exclusive offer, intended to be published on the Platform; ;
— Search engine optimization and visibility : integration of the Client within the digital directory COLLECTION OUI, accessible to future brides and grooms holding the COLLECTION OUI Pass; ;
— Highlighting the exclusive advantage : distribution of the exclusive offer freely determined by the Client to future brides and grooms holding the COLLECTION OUI Pass, by means of a voucher containing a single-use code downloadable from the Platform; ;
— Provision of a professional space : a personal and secure space allowing the Client to update their profile independently, process requests received in real time and validate vouchers presented by the future bride and groom.
By express agreement between the Parties, the Client freely determines the exclusive benefit it wishes to grant to the future bride and groom, based on its business strategy. This benefit is specified in the service agreement and listed on its professional profile.
To benefit from this exclusive offer, the groom-to-be must download a voucher containing a unique code from the Platform, which he must present to the Client when making the booking. The Client agrees to grant the benefit indicated on their profile to the groom-to-be holding this voucher. From their professional account, the Client must validate this voucher in the "Validate a voucher" section by entering the corresponding unique code.
The Services are performed based on the information and content provided by the Client, who remains solely responsible for its accuracy. The Client's integration into the Platform is granted without any guarantee of territorial or sectoral exclusivity. Any request not falling within the services listed above will be subject to a specific quote, which must be accepted by both Parties.
Article 4 – Subscription and Contractualization Process
Every subscription begins with a discussion with the Client to understand their business and visibility needs, and to verify that their services align with the positioning of the COLLECTION OUI website. The Service Provider then sends the Client a membership offer detailing the Services, the available subscription packages, pricing and payment terms, as well as the free subscription period.
The Provider reserves the right not to follow up on a subscription request from a professional whose activity does not correspond to the positioning of the Platform.
The membership offer is valid for thirty days from its date of issue. During pre-contractual discussions, the Service Provider and the Client agree, when the membership offer is drawn up, on the precise nature of the Services, the price, and the chosen plan. This service agreement, including these General Terms and Conditions of Sale (GTC), is accepted by the Service Provider either directly on the Platform by checking the box provided for this purpose. By checking the acceptance box, the Service Provider acknowledges having read this agreement and the GTC incorporated therein and accepts them without reservation. This acceptance makes the Service Provider's commitment firm and final.
Article 5 – Pre-contractual information
The Parties declare and acknowledge that, during the pre-contractual phase of negotiations, they received all the necessary and useful information to enable them to enter into the agreement with full knowledge of the facts and that they have communicated to each other all the information likely to determine their consent.
By accepting these Terms and Conditions, the Client declares that prior to subscribing to their subscription, they have been informed, in a legible and understandable manner, of these conditions and all the information required to make their consent free and informed.
Furthermore, the Provider declares that it has provided the Client with all necessary information regarding its Services, including pricing, subscription plans, commitment period, free subscription period, payment methods, and its General Terms and Conditions. The Client acknowledges having received this information and enters into the contract with full knowledge of its contents.
Payment and invoicing terms
Article 6 – Payment Terms
6.1 – Service Fees
The price includes all services necessary for the performance of the Services described in Article 3 of these General Terms and Conditions and in the service agreement. It varies depending on the subscription plan chosen by the Client from the following two options:
— Monthly plan : subscription amounting to €29 excluding tax (twenty-nine euros excluding tax) per month; ;
— Annual formula : subscription amounting to €260 excluding tax (two hundred and sixty euros excluding tax) per year.
Prices are quoted in euros excluding VAT, which will be charged separately at the applicable rate, and are payable exclusively in euros. They are fixed, non-negotiable, and correspond to the services described. The service plan chosen by the Client is specified in the service agreement and can only be modified upon renewal of that agreement.
The Client acknowledges that they are not authorized to withhold, for any reason whatsoever, all or part of the price, nor to make any compensation or deduction, for any reason whatsoever.
Failure to pay an installment or invoice for Services will render all remaining sums due until the end of the commitment period immediately payable. It will also result in the application of the penalties stipulated in Article 8 of these Terms and Conditions.
Any additional service not falling within the services described in Article 3 of these General Terms and Conditions will be subject to a specific quote and additional billing according to the rates in force at the time of the request.
6.2 – Billing and Payment Terms
All payments will be invoiced on the letterhead of SASU COLLECTION OUI via Sellsy, containing all the legally required information, and will be sent to the Client's email address.
The Client acknowledges that Stripe acts as an independent payment service provider and that SASU COLLECTION OUI does not collect or store their bank details.
The Client has the right to a refund from their bank under the terms and conditions of their agreement with the bank. A refund request must be submitted within 8 weeks of the date their account was debited for an authorized direct debit. However, such a request does not affect the amounts owed to the Service Provider, in accordance with Article 8 of these Terms and Conditions.
a. Terms and conditions concerning the monthly formula
Subscription payments will be made via SEPA direct debit, using the Stripe payment solution integrated into the COLLECTION OUI Platform. The Client authorizes this direct debit by electronically signing the SEPA mandate on Stripe's secure interface, accessible from their professional account, prior to the first invoiced payment date, in accordance with the service agreement.
The first payment will be taken at the end of the three (3) month free trial period, i.e., starting in the 4th month following the effective date of the service agreement. Subsequent payments will be taken monthly, on the same date, until the end of the fixed commitment period.
b. Terms and conditions concerning the annual formula
Subscription payment will be made in a single installment, at the Client's discretion, either by SEPA direct debit via the Stripe payment solution integrated into the Platform, or by bank transfer to the Provider's business account, the details of which are provided on the invoice. In the case of payment by bank transfer, the Client has 30 (thirty) calendar days from the invoice date to complete the payment.
This payment will be made at the end of the three (3) month free subscription period, i.e. from the 4th month following the effective date of the service contract and will cover the remaining 9 (nine) months of the initial fixed term.
Upon renewal of the service contract, this payment will be made in one installment for the entire 12 (twelve) month period being renewed.
In the event of late payment, penalties will be applied in accordance with the regulations in force and Article 8 mentioned below.
Article 7 – Performance of services and deadlines
The Services commence on the effective date of the service agreement, i.e., the day it is signed by both Parties. The Provider then creates the Client's professional profile using the information provided by the Client and grants them access to their professional account.
The online process includes: the Client transmitting the necessary elements for the creation of their profile (presentation of their activity, contact details, photographs of their achievements, exclusive advantage); the Provider drafting the profile; its validation by the Client; its publication on the Platform.
Once the listing is published, the Client is responsible for updating it independently from their professional space.
The information sheet is published within an indicative period of 10 working days from the date the Provider receives all the elements necessary for its completion.
Any delay in the Client's submission of materials or in the validation procedures will result in a postponement of the publication date. The Service Provider will inform the Client of this new deadline in writing.
This postponement has no impact on the effective date of the service contract, the subscription period offered, or the billing schedule.
Article 8 – Late payment penalties and payment incidents
In the event of non-payment of an installment by its due date, the Client will automatically be liable for a fixed compensation for recovery costs of forty euros (€40), payable without prior notice and not subject to VAT.
In accordance with Article L441-10 of the Commercial Code, the Service Provider may request additional compensation when the actual recovery costs incurred exceed this amount, upon justification.
In addition, the Client will remain liable for late payment penalties calculated at a rate of three (3) times the current legal interest rate, pro rata to the number of days of delay from the due date.
Any rejected direct debit, regardless of the reason (insufficient funds, chargeback, revocation of the SEPA mandate), as well as any request for a refund of an authorized direct debit, is considered a payment default. Bank charges for rejections are then passed on to the customer.
In the event of non-payment, the Service Provider will send a formal notice to the Client by registered letter with acknowledgment of receipt. If payment is not received within fifteen (15) calendar days of receipt of this notice, the Service Provider may terminate the contract automatically, subject to thirty (30) days' notice.
The sums remaining due until the end of the fixed term of commitment then remain payable in full, plus late payment penalties, the Provider being able to pursue recovery by any amicable or legal means.
Upon notification of a payment default, the Service Provider reserves the right to suspend the Client's professional profile and online account, by sending a reasoned email notification, without ceasing to pay any outstanding amounts. Under no circumstances may the Client claim any compensation from the Service Provider as a result of this suspension.
Obligations of the Parties and Intellectual Property
Article 9 – General Obligations of the Service Provider
The Provider undertakes, in good faith, to perform the Services with seriousness, quality and professionalism, in accordance with the rules of the art and the practices of the sector, by implementing all the means, skills and know-how necessary for the needs expressed by the Client.
SASU COLLECTION OUI undertakes, in good faith, to ensure the Client's listing and visibility within the Platform, in accordance with Article 3 of these Terms and Conditions. It also undertakes to provide the Client with a professional, personal, and secure space, allowing them to manage their listing independently.
The Provider undertakes to ensure the proper functioning and availability of the Platform, within the framework of an obligation of means. Access to the Platform may, however, be temporarily interrupted for maintenance or updates, or in the event of network or technical service provider failures. These interruptions do not render the Provider liable and do not entitle the Client to any compensation.
Furthermore, it undertakes to promote the Platform to engaged couples by any means it deems appropriate, and to provide technical assistance to the Client should they encounter any difficulties using their professional account or profile. It will inform the Client as soon as possible of any significant difficulties likely to affect the proper execution of the Services. It regularly develops and updates the services and features offered on the Platform.
Finally, it generally ensures that third parties assisting it in the performance of its Services (supplier, subcontractor, collaborator) strictly comply with all contractual provisions, in particular those relating to intellectual property and confidentiality.
Article 10 – General Obligations of the Client
The Client expressly undertakes, in good faith, to provide accurate, complete and regularly updated information concerning their business, contact details and services, for the purpose of creating and updating their professional profile.
He undertakes to manage the content of his profile within his professional space himself, with seriousness and diligence, and assumes full responsibility for it.
He declares that he possesses all necessary rights, authorizations, and licenses for all content he publishes or transmits within his professional profile (texts, photographs, videos, logos). He guarantees SASU COLLECTION OUI against any third-party claims in this regard.
It also certifies and guarantees compliance with all applicable legal and regulatory obligations, particularly in matters of intellectual property, protection of personal data in accordance with the GDPR, image rights and protection of minors.
The Client further agrees to honor the exclusive benefit offered to engaged couples under the conditions set forth in Article 3 of these Terms and Conditions. The Client also agrees to respond, within a reasonable timeframe, to contact or quote requests submitted via the Platform.
Finally, he undertakes to preserve the confidentiality of all information and data of SASU COLLECTION OUI which he may become aware of during the execution of the service contract.
Article 11 – Intellectual Property Rights
The Client remains the sole owner of the intellectual property rights attached to the content that he transmits or publishes within the framework of his professional profile (texts, photographs, videos, logos, trademarks).
The Client grants the Provider, on a non-exclusive and royalty-free basis, the right to reproduce, display, and adapt this content, particularly for formatting purposes. This license is granted worldwide and for the entire duration of the service agreement, solely for the purpose of publishing the content on the Platform and promoting the Platform on any medium, including social media and in the Provider's newsletters.
The Service Provider retains sole ownership of all intellectual property rights related to the Platform, its trademark, domain name, graphic charter, databases, and the editorial content it creates for the Client's professional profile. Access to the Platform does not entail any transfer of these rights to the Client.
The Provider expressly reserves the right to mention the Client's name and logo as a reference in its commercial and prospecting communications, for the entire duration of the service contract.
The Client is strictly prohibited from reproducing, modifying or exploiting all or part of the elements of the Platform, as well as from using the COLLECTION OUI trademark, without prior written consent from the Provider.
Upon termination of the service agreement, the Provider shall remove the Client's profile from the Platform within thirty (30) days. However, it is not obligated to delete previously published promotional posts.
The specific conditions formalized by the service contract may provide for specific terms and conditions and shall ultimately prevail over these General Terms and Conditions in accordance with the hierarchy of documents established in Article 1.
Processing of personal data
Article 12 – Processing of the Client's Personal Data
The personal data collected from Clients is processed electronically by the Service Provider. This data is recorded in its Client file and is essential for subscription and subscription management, based on the performance of the service contract. This information and personal data are also retained for security purposes and to comply with legal and regulatory obligations. They are kept for the duration of the contractual relationship and then for the applicable statutory limitation periods. Accounting records are kept for ten (10) years.
The data controller is the Service Provider. Access to personal data will be strictly limited to those authorized to process it based on their roles. The information collected may be shared with third parties contractually bound to the company for the performance of outsourced tasks, including Platform hosting and payment processing, without requiring the Client's consent. The Client's bank details are processed exclusively by Stripe, acting as an independent payment service provider.
In the course of performing their services, third parties have only limited access to the data and are obligated to use it in accordance with applicable data protection legislation. Except as stated above, the Service Provider is prohibited from selling, renting, transferring, or granting access to the data to third parties without the Client's prior consent, unless legally required to do so.
If data is to be transferred outside the EU, the Client will be informed and the safeguards implemented to secure the data will be specified. These safeguards may include an adequacy decision from the European Commission, such as the one issued on July 10, 2023, for the United States, or the adoption of standard contractual clauses adopted by the European Commission.
The personal data of the future bride and groom transmitted to the Client via the Platform, particularly when requesting contact or a quote, is processed by the Client under their sole responsibility, in their capacity as data controller. The Client undertakes to use this data exclusively to respond to the request received and in compliance with applicable regulations.
In accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act, the Client has the right to access, rectify, erase, restrict processing of, and object to the processing of their personal data, as well as the right to data portability. These rights can be exercised by sending a request directly to the Service Provider via email to mariage@collectionoui.fr. In the event of a complaint, the Client may contact the CNIL (https://www.cnil.fr/fr).
Duration, end of subscription and cancellation
Article 13 – Unforeseen Circumstances
In the event of unforeseen changes in circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to assume the risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
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, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code or from exceptional health or climatic hazards independent of the will of the Parties.
The Party experiencing the event must immediately inform the other Party of its inability to perform its obligations and provide justification. The suspension of obligations shall in no case constitute grounds for liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late payment penalties. Performance of the obligation shall be suspended for the entire duration of the force majeure event if it is temporary.
Therefore, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible.
Article 15 – End of subscription – early termination – cancellation for serious breach
15.1 – End and renewal of subscription
The subscription is for the fixed term stipulated in the service agreement. Upon its expiration, it is automatically renewed for successive periods of twelve (12) months, unless terminated by either Party by registered letter with acknowledgment of receipt sent one (1) month prior to the expiry date. At the end of the subscription period, the Client's profile is removed from the Platform in accordance with the provisions of Article 11.
15.2 – Early Termination
The service agreement may be terminated at any time by mutual agreement between the Parties, in writing. Any sums already paid by the Client shall remain the property of the Service Provider and shall not be refunded, which the Client expressly acknowledges and accepts.
In the event of unilateral termination by the Client during the commitment period, the latter remains liable for all outstanding payments due until the end of this period, the signature constituting a firm and final commitment.
In the event of termination initiated by the Provider, without any breach by the Client, the Client shall be notified in writing with thirty (30) days' notice. The Provider shall then, within fifteen (15) days of the termination taking effect, reimburse all sums received for the unfulfilled period, without the Client being entitled to any further compensation.
15.3 – Termination for serious breach
In the event of a serious or repeated breach by either Party of any of its essential contractual obligations, the other Party may, after issuing a formal notice that remains unheeded for a period of fifteen (15) days, terminate the service agreement automatically, without prejudice to any damages to which it may be entitled. Failures to meet payment obligations are governed by Article 8.
In accordance with Article 1219 of the Civil Code, each Party may refuse to perform its obligations until the other party performs its own, if this non-performance is sufficiently serious to jeopardize the continuation of the contract.
Termination will take effect on the date of receipt of the written notification sent to the defaulting Party. When issued by the Provider, the notification must state the reasons for termination, and termination will only take effect after a notice period of thirty (30) days, except in cases of repeated breaches by the Client or a legal obligation requiring the immediate removal of its content.
Miscellaneous provisions
Article 16 – Mutual Independence of the Parties
The Parties remain independent professionals and are bound only by the title and conditions of these General Terms and Conditions, where applicable, by the conditions provided for in the service contract.
The provisions herein shall in no way be interpreted as creating any company or joint venture between the Parties, nor any agency, subordination, or solidarity.
Article 17 – Collaboration – Cooperation
The Parties undertake, in accordance with Articles 1103 and 1104 of the Civil Code, in good faith, to implement reasonable means to ensure that the performance of contractual services is carried out under good conditions.
Each Party undertakes, in the execution of this collaboration, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
They undertake to provide each other with all documents, elements, data and information necessary for the performance of the Services and to inform each other of any difficulties related to their performance.
Collaboration requires frequent contact, either by all means of telecommunication for the exchange of information, or by meetings in which both Parties must participate, taking into account their reciprocal availability and in the general conditions contained in these General Terms and Conditions, where applicable, in the service contract.
Article 18 – Liability: limitations
The Service Provider cannot guarantee a specific result for the Services. By express agreement between the Parties, the Service Provider does not guarantee a specific volume of views of the professional profile, contact requests, or the generation of revenue for the Client.
The Service Provider accepts no responsibility for any errors, inaccuracies, or omissions in the professional profile once the Client has validated it or modified its content from their professional account. The Service Provider is not a party to the relationship between the Client and the couple and cannot be held liable for the services performed by the Client or for the fulfillment of the exclusive benefit.
The Service Provider publishes the content submitted by the Client without assuming any liability for the rights associated with its use. However, it reserves the right to remove any content that is manifestly illegal or contrary to these Terms and Conditions, by providing a reasoned notification to the Client.
The Provider's liability is expressly limited to direct damages caused to the Client resulting from its faults or negligence, excluding any indirect damage, loss of profits, loss of turnover or damage to image.
In any event, its liability shall not exceed the amount of sums actually received under the service contract during the twelve (12) months preceding the event giving rise to liability.
Article 19 – Severability of Clauses
The invalidity, lapse, unenforceability, or inapplicability of any provision of this contract shall not render the other provisions invalid, lapse, unenforceability, or inapplicability, which shall remain in full force and effect. However, the parties may, by mutual agreement, agree to replace the invalidated provision(s).
Article 20 – Assignment and Subcontracting of the Contract
This contract is concluded intuitu personae with respect to the Client. The Client shall refrain from assigning or transferring, whether for consideration or free of charge, all or part of its rights and obligations under the service contract, without the prior written consent of the Provider.
The Provider may entrust the performance of all or part of the Services, including Platform hosting and payment management, to third parties, under its sole responsibility and in accordance with the conditions set forth in Article 9 of these General Terms and Conditions. The Client agrees in advance that the service agreement may be assigned by the Provider to any entity that takes over the operation of the Platform, subject to being notified in writing.
Article 21 – Obligations common to both Parties
Each Party declares and certifies that it has full legal capacity to enter into the service contract and, where applicable, is duly authorized to bind the legal entity it represents.
It also declares that it is established in the territory of a Member State of the European Union, the Swiss Confederation or the European Economic Area, that it is up to date with the payment of all its tax and social security contributions and that it is in compliance with all legal, regulatory and administrative requirements governing its activity.
Finally, it guarantees that the staff involved, where applicable, in the performance of the Services are employed regularly in accordance with the provisions of the French Labour Code.
Article 22 – Dispute Resolution
In the event of a dispute relating to the interpretation, performance or validity of this Contract, the Parties undertake to seek an amicable solution before any legal action.
To this end, they agree to meet within 15 (fifteen) days of receiving written notification (registered letter with acknowledgement of receipt or email) from one of the Parties to the other.
If, after a further period of 15 (fifteen) days, no amicable agreement is reached, the dispute will be brought before the competent French courts, in accordance with French law, to the exclusion of any other.
Article 23 – Language of the contract – Applicable law
These Terms and Conditions and the Services arising therefrom are governed exclusively by French law.
These terms and conditions are written in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute. The fact that, where applicable, regular exchanges between the Service Provider and the Client take place wholly or partly in a language other than French shall not be construed as a waiver of the application of these general terms and conditions of sale or any of their provisions.
Article 24 – Customer Acceptance
This service agreement, including these General Terms and Conditions of Sale (GTC), is expressly agreed to and accepted by the Client, who declares and acknowledges having full knowledge thereof, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms and conditions of purchase, which shall not be enforceable against the Provider, even if it has been made aware of them.
Acceptance is indicated by the Customer checking a box. These Terms and Conditions are accessible at any time on the COLLECTION OUI Platform and can be downloaded in a format that allows for their storage and reproduction.