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I. General clauses and definitions

II. General conditions of sale for private person

III. General conditions of sale for Advertiser

I. GENERAL CLAUSES AND DEFINITIONS

The present general terms and conditions apply to the services sold by The2santaclaus.com, managed by the company NOBPRINT Antilles Info whose head office is located in Acajou 2 residence Bois d’Inde – Bldg. 7 Door 66 - 97232 LAMENTIN, under the SIRET number 42417664200017.

II. GENERAL CONDITIONS OF SALE FOR PRIVATE PERSON

1.1. Particular user’s Services:

1.1.1. Description of the products

The website www.the2santaclaus.com features intellectual works available in digital form (ePub eBook & eMusique).

The digital books (or eBooks) and eMusique (MP3/MP4) sold on www.The2santaclaus.com are digital files that contain intellectual works and are intended to be downloaded for reading or listening through the use of an electronic terminal (computers, smartphones, tablets, eReaders, audio players etc.).

These digital works are protected by French and international copyright laws. Unless a license specifies other conditions of use, the downloaded files are reserved for the exclusive use of the buyer. They cannot be resold, rented or transferred free of charge outside the context of the holder's family circle and other legitimate needs related to private use; any representation or reproduction of these files, whether in full or in part, except as stipulated in Article L122-5 of the Intellectual Property Code, is strictly prohibited and may lead to legal actions against the holder.

1.1.2. Order

Please note that all orders are made exclusively through the website www.les2peresnoel. Payment is made at the time of the order.

The customer must be at least 18 years old and have legal capacity or parental authorization to place an order on the www.The2santaclaus.com website.

By clicking on the "Order" button on the screen, which summarizes the order and the explicit acceptance via a dialog box of these general terms and conditions of sale, you are expressly declaring the customer's consent without any reserve to these general terms and conditions of sale and to the special conditions (in particular the price per unit) specific to each purchased file. The customer therefore waives his right to invoke any conflicting documents and, in particular, his own general terms and conditions of purchase.

The customer has the option to cancel his order before the validation of the payment of his order. Any order considered to be fraudulent will be blocked by the administrator during the payment process.

1.1.3 Availability of the products

The customer will normally have access to the products 24 hours a day, 7 days a week, all year round. However, the administrator of the website reserves the right to temporarily restrict access to the content without notice.

He/she cannot be held responsible for technical problems beyond the control of his/her service, such as connection problems caused by Internet service providers or computer-related problems caused by the customer's hardware or software.

1.1.4. Rate

The prices of the products shall be presumed to be net, in Euros and inclusive of all taxes. All orders are invoiced in Euros and are to be paid in Euros at the time of order.

Since it is impossible to verify the customer's address in the case of orders involving digital works, the French VAT rate of 5.5% will be applied to all digital works.

1.1.5. Payment

Payment is required in full and in one single transaction when ordering.

All purchases may be paid by credit card or PayPal. The bank transaction is executed at the time of the order.

As soon as the payment method used by the customer, whether credit card or PayPal, has been validated, the order will be confirmed and may no longer be cancelled or refunded.

1.1.6. Delivery

Delivery of the digital works acquired on www.the2santaclaus.com is made via download. A few minutes after the payment of the order, an email will be sent to the customer along with one or more single-use download links intended for the downloading of the works to his/her computer.

These download links will have a validity period of 48 hours. If after this period, the customer has not downloaded the file, he/she may request the sending of a new link through his/her personal account.

1.1.7. Guarantee, return and refund

Warranty on the products

The downloadable products available on this website are guaranteed against any defect.

Nevertheless, if the downloaded file is not readable, you have 48 hours to inform us via e-mail. A new download link will be sent to your e-mail address after the reception of said e-mail.

1.1.8. Right to retract

Purchases of digital media for downloading are final and definitive. They will not entitle you to any refund or right of withdrawal.

1.1.9. Protection of personal data – cookies

The data collected by The2santaclaus.com on the site www.The2santaclaus.com is used for the processing of the particular user to inform him about the offers of The2santaclaus.com. They are for internal services and The2santaclaus.com providers for order fulfillment. The2santaclaus.com may also send the particular user’s details to other The2santaclaus.com Group companies.

Due to technical constraints and in order to facilitate navigation on the site.

www.The2santaclaus.com, "Cookies" are also installed on the The2santaclaus.com site.

In accordance with the Directive of the European Parliament and of the Council of October 24, 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Directive of December 15, 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector and the Data Protection Act of January 6, 1978, the particular user has a right of access, modification, rectification , deletion, of personal information about him.

1.1.10. Abusive use

The particular user however, remains solely responsible for any direct or indirect, material or immaterial damage caused by himself to the The2santaclaus.com Company or to third parties or to other particular users due to abusive or unlawful use of the services offered on the site The2santaclaus.com.

The products we offer are compliant with the applicable French legislation. www.The2santaclaus.com cannot be held liable in the event of non-compliance with the legislation of the country where the product is downloaded. It is the customer's responsibility to check with the competent local authorities the possible uses and applications of the purchased products.

1.1.11. Liability

www.The2santaclaus.com cannot be held responsible for the content of the sites on which its products are referenced.

1.1.12. Force majeure

www.The2santaclaus.com disclaims any liability resulting from the breach of the contract due to force majeure (strike, flood, fire...).

As a first step, cases of force majeure will suspend the performance of the contract. If the cases of force majeure have a period of existence greater than one month, the contract will be terminated automatically. Expressly, are regarded as case of force majeure or cas fortuit, besides those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, internal or external to the company, lock-out, bad weather, epidemics, blockage of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes in forms of marketing, computer failures, blockages of telecommunications, including PTT networks, host failure, war or state of siege, and any independent, irresistible and unpredictable event preventing the normal execution of the contract.

1.1.13. Applicable law and disputes

These general terms and conditions are subject to French law.

Any dispute that may arise between the parties with regard to the conception, performance and/or interpretation of these general terms and conditions will fall under the sole jurisdiction of the Commercial Court of FORT-DE-FRANCE.

1.1.14. Invoice

An electronic invoice is issued automatically to the user who must keep it to prove its good faith in case of complaint.

1.1.15. Legal notices

Les2peresnoel.com is distributed by NOBPRINT - Antilles info - Acajou 2 – Bois d’Inde 97232 LE LAMENTIN – This email address is being protected from spambots. You need JavaScript enabled to view it. ou This email address is being protected from spambots. You need JavaScript enabled to view it.

1.2. Advertiser’s services

1.2.1. Services

The2santaclaus.com's services are based on the management of advertising campaigns (Display) on behalf of an Advertiser in the context of a written mandate in accordance with the express provisions of Article 20 of Law No. 93-122 of January 29, 1993.

As part of the campaigns, The2santaclaus.com manages on behalf of the Advertiser a daily mission of management and purchase of Display, via the platform www.The2santaclaus.com. It ensures the Advertiser a positioning of its ads on any page concerning the management of the campaigns of:

- Display: which depends on the purchase of space at Cost per Display (CPM), Cost Per Day (CPD) or monthly or annual Cost by Subscription (Monthly or annual subscription) (CS). (Renewable pack).

The2santaclaus.com ensures a 100% exact display positioning (according to the conditions stated on these terms and conditions acting as a contract), for the duration of the campaign, defined by the parameters of the Advertiser, via his campaign management space.

The2santaclaus.com declines any responsibility in the event of a technical problem arising from the search engines concerning the redirection of links to the Advertiser’s sites.

In case of truncation of the client account by a search engine or an access provider for non-compliance with the conditions relating to the customer's site, no reimbursement can be claimed to The2santaclaus.com.

In the event of a loss of visibility proven by The2santaclaus.com’s control tools, beyond a technical adjustment margin of 5% for the "Market research", "Display", The2santaclaus.com undertakes to reposition the ad, depending on the possibilities available on the booking calendar.

For the "Display" pack, the Advertiser's campaign is based on the positioning of the advertisement and expires on the termination date mentioned by the Advertiser at the time of purchase via his Advertiser account.

1.2.2 The "Campaign management"

In the “The2santaclaus.com” contract also undertakes to monitor the Advertiser’s campaign.

The positioning of the "Display" ad will remain fixed in accordance with the subscription or regarding the cost per display (CPM), Cost per day (CPD), Cost per Subscription (Monthly or annual subscription) (CS)  chosen by the Advertiser  at the time of the order.

The2santaclaus.com will not be liable for any situation resulting from an error in the establishment of a title, date, description, video link or image. The2santaclaus.com does not set up ads, only the Advertiser is responsible at the time of purchase.

The positioning provided by The2santaclaus.com is calculated over the entire amount of displays of the Advertiser’s campaign and according to his choice. No complaint from the Advertiser Will be taken into account if the ad has been incorrectly positioned via his "campaign management" space or via an external advertising agency or via an external media agency, or in the event that average daily or monthly display has been respected. However, The2santaclaus.com will strive to meet the guaranteed average in real time, the group of experts whose mission is to watch over, around the clock, the customers’ campaigns and ensure compliance with the positions every day. The rates indicated in the insurance include:

- All the "Displays" throughout the campaign

When renewing the campaign, only fixed subscription fees will apply

There is no charge for creating the account and the initiation of the campaign.

No refund will be possible either regarding an order cancellation or an error related to the Advertiser’s site (error 404, 401, etc.).

The2santaclaus.com does not provide access to user interfaces.

1.2.3. Obligation of means

The2santaclaus.com assumes only an obligation of means in the context of the performance of these services. The2santaclaus.com undertakes to contribute entirely to guarantee the execution of the services ordered on the site The2santaclaus.com

1.2.4. Abusive use

The Advertiser  however, remains solely responsible for any direct or indirect, material or immaterial damage caused by himself or one of his employees to the The2santaclaus.com company or to third parties or to other Advertisers due to abusive or unlawful use of the services offered on the site The2santaclaus.com.

1.2.5. Fraudulent activities

The “The2santaclaus.com” company cannot be held responsible for the fraudulent, abusive and/or illegal actions of an Advertiser  within the framework of the services offered on the site www.The2santaclaus.com.

1.2.6. Blocked link

The2santaclaus.com may not be held liable in the case of legal proceedings emanating from an Advertiser or Partner resulting from a temporary suspension due to a redirection problem of a link blocked by a search engine. (Google, Yahoo, Opera, Firefox, etc.) or an anti-virus or ad blocker.

1.2.7. IT failures

The2santaclaus.com will not be held liable in the case of legal proceedings emanating from an Advertiser due to possible computer failures generated by the host of his site.

1.2.8. Statistics and positioning

The general or detailed statistics of advertising campaigns are only kept by The2santaclaus.com for a maximum period of 3 months. All statistics exceeding this period will be destroyed and/or returned to the Advertiser on request before the three months expire.

The Advertiser, who wishes to have detailed information on the statistics of his visited pages, can consult them through "Google Analytics", which he must compulsorily install on his platform.

1.2.9. "Display" pack

The Advertiser agrees to respect the dimensions of the banners …. pixels.

1.2.10. Order

The Advertiser may purchase the following products:

- Display: which depends on a Cost per Display; Cost by Day (CPD); monthly or annual Cost by Subscription (CS). (Renewable pack).

The Advertiser’s order intervenes via the website www.the2santaclaus.com.

The Advertiser  is responsible for the implementation of its banner(s), "Display". He can renew his pack at the end of his campaign or subscription if desired.

1.2.11. Rates and payment terms for the different products.

Current prices are expressed in Euros and excluding taxes. Applicable taxes are those in force at the date of the order.

1.2.12. Rates

The price proposed by The2santaclaus.com is related to the products mentioned in Article 3, entitled "ORDER". It constitutes a fixed and all-inclusive price including:

- Management fees, the cost of purchase of the products.

1.2.13. Subscription

All orders are payable immediately in the following ways:

- By Paypal (Credit Card - transfer)

1.2.14. Late payment

Any incident and/or late payment at the due date will automatically result in:

- The application of a late penalty equal to 5% per month of the sums due

- The billing of all related financial and recovery expenses, without prejudice to the suspension and/or termination of this contract from the date of submission of the first payment notice.

1.2.15. Suspension of benefits

If the Advertiser does not fully pay the invoice corresponding to his order within thirty days from the date of issue of the invoice, The2santaclaus.com reserves the right to interrupt the services provided immediately from the date of issue of the invoice and after a formal notice to pay remained unsuccessful.

Any resumption of suspended services is subject to full payment of unpaid invoices by the Customer.

1.2.16. Renewal

The prices indicated by The2santaclaus.com to the Advertiser  are valid during the duration of the contract. The2santaclaus.com reserves the right to revise prices up or down with each renewal.

1.4. Obligations of the advertiser

1.4.1. Display Pack

The Advertiser  agrees to respect the dimensions of the banners, … pixels, of the “Display”.

1.4.2. Technical means

It is up to the Advertiser  to define and implement the technical means he deems most appropriate to preserve the integrity, authentication and confidentiality of information, files, and data of any kind that he wishes to upload on the Internet and this, in compliance with applicable regulations and in particular, in terms of secrecy of correspondence and cryptology.

1.4.3. Data contrary to the laws

The Advertiser  is prohibited from transmitting on the Internet any data contrary to laws and regulations or likely to:

- constitute an abuse of rights;

- be contrary to public order and / or morality;

- be used to pose a threat or pressure of any kind, form or purpose;

- be in contravention or in contradiction with any intellectual or industrial property right;

- have been obtained or used following a contravention, a crime or an offense.

- cause any harm to a third party, particularly in the context of false advertising. In this case, advertising positioning campaigns will be systematically refused.

1.4.4. General Terms and Conditions

The Advertiser  also agrees to comply with The2santaclaus.com general terms and conditions.

1.4.5. Visitor authenticity

The Advertiser  agrees not to dispute the reports provided by The2santaclaus.com regarding the count and authenticity of the visitors.

The Advertiser's site must include a full version in the language of the media that may be used.

The Advertiser’s site must not offer links redirecting towards content that may violate the law or violate the rights of a third party in the targeted country.

The site must mention all the identification information required by the law of September 30, 1986 on freedom of communication, amended by Law 2000/719 of August 1, 2000.

The site must have a proper domain name, addresses emanating from free hosts cannot be taken into account.

The Advertiser's site must be accessible at all times (24 hours a day, 7 days a week).

The content (textual and graphic) of the advertising message is the sole and entire responsibility of the Advertiser. He is obliged to respect the laws and regulations in force in the country of publication, and to comply with the prerogatives of the Consumer Law.

The Advertiser  is required to comply with the regulations in force and to apply the recommendations of the Advertising Standards Authority (also known as Bureau de Vérification de la Publicité).

The Advertiser  agrees to protect the " The2santaclaus.com" Company from any action for damages, claims and disputes that may result from any breach of these Terms and Conditions, whether attributable to him or to the use of his account and to intervene in any lawsuit that would be brought against the " The2santaclaus.com " company on this count.

The Advertiser  agrees not to disseminate on The2santaclaus.com, any banners, links, images that are offensive to morality or that are related to money laundering, mafia and other illegal actions.

1.4.6. Tracking order progression

The Advertiser  agrees with The2santaclaus.com to follow the progress of his order.

1.4.7. Protection of personal data – cookies

The data collected by THE2SANTACLAUS.COM on the site www.The2santaclaus.com is used for the processing of the Advertiser  to inform him about the offers of The2santaclaus.com. They are for internal services and THE2SANTACLAUS.COM providers for order fulfillment. The2santaclaus.com may also send the Advertiser’s details to other The2santaclaus.com Group companies.

Due to technical constraints and in order to facilitate navigation on the site www.The2santaclaus.com, "Cookies" are also installed on the “the2peresnoel.com” site.

In accordance with the Directive of the European Parliament and of the Council of October 24, 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Directive of December 15, 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector and the Data Protection Act of January 6, 1978, the Advertiser  has a right of access, modification, rectification , deletion, of personal information about him.

The Advertiser  may exercise this right, in the event that all of his invoices are paid, by sending a mail to THE2SANTACLAUS.COM customer service department, at the following address: THE2SANTACLAUS.COM Administrative Service, Acajou 2 - Res. Bois d'Inde - Bât 7 - BL 66 - 97232 LE LAMENTIN with a photocopy of his identity card.

THE2SANTACLAUS.COM also agrees that this information will not be exchanged or assigned.

1.4.8. Force majeure

As a first step, cases of force majeure will suspend the performance of the contract. If the cases of force majeure have a period of existence greater than one month, the contract will be terminated automatically. Expressly, are regarded as case of force majeure or cas fortuit, besides those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, internal or external to the company, lock-out, bad weather, epidemics, blockage of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes in forms of marketing, computer failures, blockages of telecommunications, including PTT networks, host failure, war or state of siege, and any independent, irresistible and unpredictable event preventing the normal execution of the contract.

1.5. Termination

1.5.1. Ability to request for an early termination

The Advertiser  has the option to terminate his order in the event that The2santaclaus.com does not respect its commitments in terms of positioning of the ad, under the conditions above, for a period of 7 days, from the acceptance of the order. However, the Advertiser  is the only person responsible for the choosing of his positioning. In case the Advertiser  incurs in a positioning error, no legal recourse will be allowed.

In this case, the customer must send his termination request by registered letter with acknowledgment of receipt to the following address: The2santaclaus.com, Termination service - Acajou 2 - Res. Bois d’Inde - Bât. 7 - BL 66 - 97232 LE LAMENTIN.

An amicable expertise will be conducted by experts appointed by The2santaclaus.com to confirm the position of the Advertiser.

In the event of a favorable opinion given by the Expert, the termination will take effect after receipt of a mail that will be sent to the customer by The2santaclaus.com, within 8 days of receipt of the final notice, rendered within the framework of this amicable expertise.

1.5.2. Other hypotheses of termination of the contract

In all cases where the Advertiser   wishes to cancel his order for any reason (unless there is a breach of the obligations of The2santaclaus.com, which then will act as an expert), the Advertiser  will be obliged to pay the campaign packs and 20% of the outstanding balance.

Once the order of insertion is subscribed by the Advertiser, the campaigns packs are engaged by The2santaclaus.com and due by the customer and no request for reimbursement can be taken into account.

In the case of a termination request made by the Advertiser  after the purchase of the campaign packs, only 20% of the outstanding balance will be paid by the customer so that the termination takes effect.

No termination can be effective if the Advertiser  has not paid the aforementioned termination fees.

1.6. Modifications

THE2SANTACLAUS.COM may, as of right, modify its service without any other formality than making these modifications in the online terms and conditions.

1.7. Configuration

The software and hardware configuration needed to use The2santaclaus.com and become an Advertiser  is specified on the pages of the site.

The technical and financial burden of this software configuration as well as the telecommunications costs related to the performance of the services provided in these general terms and conditions are the responsibility of the Advertiser.

The responsibility of the The2santaclaus Company cannot be initiated for any access or operation difficulties related to the hardware or software configuration of the Advertiser.

The Advertiser  declares having the skills as well as the IT and telecommunications means allowing him to correctly use the services of the site The2santaclaus.com.

1.8. Accountability

In accordance with the provisions of the Sapin law n° 93-122 of January 29, 1993, the "The2santaclaus.com" Company will provide at the completion of services performed on behalf of the Advertiser  a document to which will be attached the payment vouchers provided by The2santaclaus.com.

1.9. Applicable law and disputes

These general terms and conditions are subject to French law.

Any dispute that may arise between the parties with regard to the conception, performance and/or interpretation of these general terms and conditions will fall under the sole jurisdiction of the Commercial Court of FORT-DE-FRANCE.

1.10. Invoice

An electronic invoice is issued automatically to the user who must keep it to prove its good faith in case of complaint.

1.11. Legal notices

Les2peresnoel.com is distributed by NOBPRINT - Antilles info - Acajou 2 – Bois d’Inde 97232 LE LAMENTIN – This email address is being protected from spambots. You need JavaScript enabled to view it. ou This email address is being protected from spambots. You need JavaScript enabled to view it.