General terms of sale Effective from 25. May 2022

ARTICLE 1 - PURPOSE AND SCOPE OF APPLICATION

1. The present General Terms of Sales ( hereafter the « GTS ») apply by right to any sale of the Services (as defined in Article 4 below) proposed by the company ALIFERT, through the Platform.

2. The present GTS, the General Terms of Use and the Privacy Policy referred to in Article 10, accessible on the Website, form the entirety of the contractual relationship between all persons purchasing the Services (hereafter the « Customer(s) ») and ALIFERT.

ARTICLE 2 - ACCEPTANCE AND ENTRY INTO FORCE OF THE GCV

1. The Customer declares to have read and accepted the present GTS before proceeding to any Order of the Services proposed on the Platform.

2. The Customer’s express and unreserved acceptance of these GTS shall be evidenced by a box to be ticked to this effect when the Customer pays for the Order.

3. These GTS shall remain in force during the entire contractual relationship between the Customer and ALIFERT. They shall cease upon termination of the Customer’s User Account (as defined in the General Terms of Use), for any reason whatsoever, subject however to the stipulations of the GTS intended to be continued beyond.

ARTICLE 3 - MODIFICATIONS OF THE GTS

These General Terms of Sale may be modified at any time by ALIFERT. The applicable GTS are those in force at the time of the Payment of the Order (as this term is defined in Article 5) by the Customer.

ARTICLE 4 - DESCRIPTION OF THE SERVICES

ALIFERT proposes several services allowing the Customers to obtain scores measuring the fertility of a couple, a man or a woman ( hereafter the « Fertility Score(s) ») generated, by means of an algorithmic processing, and this on the basis of the information given by them in the Platform (hereafter the « Services »). It is specified that the Services are more fully described on the Platform.

ARTICLE 5 - STAGES OF ORDERING THE SERVICE ON THE PLATFORM

1. In order to order one of the Services proposed on the Platform by ALIFERT (the « Order »), the Customer must have previously created a User Account on the Platform and follow the following steps:

   1) Choose the desired service;

   2) Fill in the order form with the requested information;

   3) Verify the information related to the order and, if necessary, identify and correct any errors;

   4) Confirm the order;

   5) Follow the instructions of the online payment server to pay the Price;

   6) Proceed to pay for the Order by paying the Price (the « Order Payment »).

2. Once the Order has been paid for, the sale of the Service shall be evidenced by the receipt by the Customer, without delay and electronically to the e-mail address provided by the Customer when creating his or her User Account, of an e-mail confirming the Order together with a proof of payment (the « Sale »).
   It is hereby specified that, at the same time as the Order is paid for, the Customer shall waive his/her right of withdrawal by ticking a box to that effect, in accordance with Article L. 221-28 of the French Consumer Code.

ARTICLE 6 - PRICES

The prices of the Services are indicated on the Platform and are expressed in euros, all taxes included (the « Price »).

ARTICLE 7 - PAYMENT CONDITIONS

1. The payment of the Price by the Customer is made through one of the following payment methods : bank card

2. The Price is immediately debited from the Customer’s bank card after verification of the data on the card, upon receipt of the debit authorization from the issuer of the bank card used by the Customer.

3. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating the information relative to his bank card, the Client authorizes ALIFERT to debit his bank card of the amount corresponding to the Price.
   To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer shall communicate the sixteen digits, the expiry date of his credit card as well as the visual cryptogram numbers.

4. In the case where the debit of the Price would be impossible, the Sale would be immediately terminated by right and the Order would be cancelled.

5. ALIFERT implements all the means to ensure the confidentiality and the security of the data transmitted on the Platform. The electronic payments made within the framework of the transactions carried out on the Platform are secured, by using encrypted TLS/SSL secure connections

ARTICLE 8 - ACCESS TO SERVICES

1. Upon receipt by the Customer of the proof of payment and the Order confirmation, the Customer has, through its User Account, access to the Service purchased on the Platform (hereinafter the « Access to the Service ») for a maximum period of one (1) year from the date of Access to the Service.

2. In case the Customer would not use the Service within the given time limit, no refund will be granted to the Customer by ALIFERT.

ARTICLE 9 - GUARANTEES

Pursuant to articles L. 224-25-12 and following of the French Consumer Code relating to the legal guarantee of conformity for digital contents and digital services, ALIFERT guarantees the conformity of the Services sold on the Platform.

In the case of a one-off supply or a series of separate supply operations of the Services, ALIFERT is liable for any lack of conformity existing at the time of their supply and which appears within a period of two (2) years as from the latter.

In the case of a continuous supply of the Services, ALIFERT shall be liable for any lack of conformity which appears during the period in which the Services are supplied.

Defects of conformity which appear within a period of twelve (12) months from the provision of the Services shall be presumed to have existed at the time of their provision, unless proven otherwise.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the action is the day the Customer becomes aware of the lack of conformity.

The burden of proof of the conformity of the Services lies with ALIFERT.

In case of lack of conformity, the Customers have the right to have the Services conformed or, failing that, to have the price reduced or the contract rescinded under the conditions of articles L. 224-25-17 and following of the Consumer Code.

ARTICLE 10 - PROTECTION OF PERSONAL DATA

ALIFERT collects and treats the personal data given by the Customers on the Platform. The Privacy Policy of ALIFERT is available at the following address: https://alifert.com/en/pdp-policy.

ARTICLE 11 - INTELLECTUAL PROPERTY

ALIFERT is and will remain the exclusive holder of the whole of the intellectual and/or industrial property rights relating to the Platform such as more amply described in the General Conditions of Use, available at the following address: https://alifert.com/en/terms-service

ARTICLE 12 - MEDIATION

1. In accordance with the provisions of the articles L. 611-1 and following and R. 612-1 and following of the Consumer Code, the Customers have the right to have recourse free of charge to a consumer affairs mediator in order to solve amicably the dispute which would oppose them to ALIFERT, under the condition to have tried beforehand to solve their dispute with ALIFERT by means of the sending of their request by e-mail to the following address: mediateur@alifert.com.
   The coordinates of the consumer affairs mediator to which ALIFERT belongs are the following ones:
   
   CNPM - MEDIATION DE LA CONSOMMATION
   27 avenue de la libération - 42400 Saint-Chamond
   https://cnpm-mediation-consommation.eu
   

2. In addition, in accordance with the provisions of Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and Article L. 616-2 of the Consumer Code, the Customer is informed of the existence of a European online dispute resolution platform and of the possibility of using it. This platform is accessible at the following address: https://ec.europa.eu/consumers/odr/

ARTICLE 13 - APPLICABLE LAW - LANGUAGE - COMPETENT JURISDICTION

1. These GTS as well as their execution, interpretation and validity are subject to French law.

2. These GTS are written in French. In the event that they are translated into one or more foreign languages, only the French version shall be deemed authentic in the event of a dispute.

3. Any dispute resulting from the formation, the interpretation or the execution of the present GTS and which could not be solved amicably between ALIFERT and the Customer, will be subjected to the competent courts under the conditions of common law.