Terms of Sales
Online sales - Remote services - Material goods
Last update, July 8, 2021
Welcome and thank you for your trust. You will find below the General Conditions of Sale applicable to the HappyGayTV.com site. Please note that the company SBD Motion, which publishes the HappyGayTV.com site, provides its Customers and Users of its site with customer service which can be contacted as follows:
By email via the contact form: by clicking on the link here
By post to the following address: SBD Motion, 6 rue du Fort, 91120 Palaiseau - France
Capitalized terms refer to the following definitions:
The "Company" means SBD Motion [….] whose head office is located at 6 rue du Fort 91120 Palaiseau, France, registered in the Trade and Companies Register under number […] whose intra-community VAT number is […]
The "Site" refers to the website(s) accessible from the URL link HappyGayTV.com and all the sites published by the SBD Motion Company to present and sell its Services, including in particular:
The "User" means any person browsing the Site.
The "Service" means all the services available to order on the Site, and in particular the Services of:
- Downloadable documents such as ebooks, video or audio content
- Online training (supply of digital content in the form of documents, videos, podcasts, ebooks, PowerPoint materials, etc. constituting the training materials)
- Webinar-style online conference (streaming, or registering for a live event)
- Personalized support such as coaching, remotely or face-to-face.
- Subscribe to the HappyGayTV Club.
The "Product" means any type of material product sold online on the Site, and in particular
The "Order" means any subscription to a Service by the Customer with the Company SBD Motion via the Site.
The "Customer" means the natural or legal person, professional or not, subscribing to a Service with the SBD Motion Company.
The "General Conditions of Sale" or "GCV" means these general conditions of sale, applicable within the framework of the contractual relationship between the Company SBD Motion and its Customers, which include the confidentiality policy possibly available on the Site and any element of the Site to which they expressly refer.
The "Identifiers" means the username and password provided by the SBD Motion Company to the Customer so that he can access, via the Site or any other means of connection, the subscribed Service.
The "Partner" means any professional partner with whom the SBD Motion Company has a business relationship in the context of the provision of the Service and to whom the Customer may be referred in the context of the provision of the Service.
"Training" means any online training offerings the content of which is presented on the Site, generally consisting of written training materials, tests, recorded webinars and support group access.
"Subscription" means any subscription offer allowing access to a paid part of the site offering more programs, in the form of video or audio files.
2.1. Object. The GCS govern the provision of the Service to the Customer, and the sale of any product, which includes the conditions of use of the Site published and made available by the Company SBD Motion.
2.2. Access to the T&Cs. The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. The T&Cs take effect from their date of update indicated at the top of this document, and apply to the exclusion of all other conditions, and in particular those applicable for sales by means of other distribution and marketing channels. of Services or Products.
2.3. Acceptance of the T&Cs. Before any Order, the Customer declares to have read the T&Cs and to have accepted them, which implies unreserved adherence to the T&Cs. By this acceptance, the Customer acknowledges that, prior to any Order, he has received sufficient information and advice from SBD Motion on the Site, allowing him to ensure the adequacy of the content of the Order. to his needs. The T&Cs constitute all of the rights and obligations of the parties in the context of their contractual relationship.
By placing an Order, the Customer declares to be of legal age and able to contract under the law of his country or declares to represent, under a valid mandate, the person for whom he subscribes to the Service. In any case, the Customer guarantees that he has the necessary authorizations to use the payment method selected during the validation of the Order.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
2.4. Scope of the T&Cs. The Customer may request a copy of the version of the T&Cs applicable to his Order at any time. No specific condition, at the initiative of the Customer, may be added to and/or replace these. SBD Motion reserves the right to provide special conditions for its Services, its Products, special offers, special guarantees, etc. which are provided to the Customer before the Order on the Site. The fact that SBD Motion, at a given time and for any reason whatsoever, does not claim a breach by the Customer of any of the obligations contained herein, cannot be interpreted as a waiver to take advantage of it for the future.
3. CHARACTERISTICS OF THE SERVICE
3.1. Presentation. The Customer can refer to the presentation of the Service on the Site, which is the subject of a summary on his Order page and in the confirmation email. The Customer is expressly warned that any Service offer is subject to change. Only the Service described during the Order is due to the Customer.
3.2. Language. The Service is provided by SBD Motion in French and English. The choice of language will be made by default when ordering, i.e. in French on the French version of the site and in English on the English version of the site. After ordering, the language of the product delivered cannot be changed.
3.3. Service Information. The Services governed by the T&Cs are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, SBD Motion cannot be held liable unless it is a substantial element of the offer in question.
3.4. Version and updates. The Service subscribed by the Customer is provided in its version up to date on the date of purchase. Updates are not included in the price of the Service, unless expressly stipulated in the Order.
3.5 Money-back guarantee. SBD Motion may optionally offer a “satisfied or refunded” guarantee for a period of [X ex: 30 days] from the order. To be valid, the guarantee must be specified at the time of the order. Thus, the Customer has [30 days] from the day of his order to request a refund if he is not completely satisfied with the Service. He must send his request within this period to SBD Motion, by clicking on the link here and will be reimbursed within a reasonable time.
3.6. Delivery of modules. For online training comprising one or more modules, delivery means the provision of the first module, session or document of the training ordered using the Identifiers created by the Customer or provided by SBD Motion after the Order or by any other method of electronic delivery provided for when placing the Order. The Customer expressly accepts that he will not be able to request immediate access to all the modules immediately after his Order but that these will be delivered to him according to the terms provided for in the contract.
Subject to the provisions relating to the right of withdrawal set out in Article 6 hereof, for any Training:
- Less than two months old and comprising only one module, this module is delivered directly after confirmation of the Order,
- More than two months old and comprising at least two modules, the first module is delivered directly after confirmation of the Order and the following modules with an interval of one month between each delivery.
3.7 Support Groups. SBD Motion may create self-help groups between its Customers, which may be subject to compliance with the rules of behavior and use. Unless otherwise stated at the time of the Order, access to a group is not included in the price of the Service.
The SBD Motion Company reserves the right to subject the access rights to a group to compliance with a regulation and allows the SBD Motion Company to warn, sanction or even remove the Customer's access rights in the event of violation of this regulation. Members may help each other as long as it does not violate any group rules.
Furthermore, SBD Motion has no control over any groups that may not be created on its own initiative but on that of third parties, including by a client, and of which it is not an administrator. SBD Motion can in no way be held liable in any capacity whatsoever for the actions of the members of these Facebook groups or for any other damage resulting from the use of these Facebook groups not under its control or whose she would not be an administrator.
3.8. Access to groups. When access to a group is provided with the Service, then the duration of access to the group is limited to the duration of the Service. SBD Motion may create and delete groups based on current orders and transfer the Customer to an equivalent group. The Customer must submit a request for access to the group by providing the email address used when ordering the Service. This request will be processed within 48 hours maximum. In the event of refusal, the Customer is invited to send a request again, paying particular attention to entering the email address.
4. DURATION OF SERVICE
The Service is provided to the Customer for the duration specified on the Site at the time of the Order to the Customer.
When no duration is defined, then the Service remains accessible for at least one year after the full delivery of the Service, and the company SBD Motion may withdraw access at any time thereafter. In the event of the purchase of an online training course or any other content access offer, the materials are provided with documents in PDF and in an audio version that it is the Customer's responsibility to download in their latest version before expiry of his access rights to the Service.
The monthly subscription is taken out by the Customer for a minimum period of 12 months. The validation of the Order by the Customer entails a firm and irrevocable commitment to pay the total price of the Service for the initial planned subscription period. At the end of the term, the Customer may terminate his subscription at any time by giving at least ten (10) days notice before renewal. Termination will take effect at the end of the current subscription month. No other amount will be required and no amount already paid for the subscription will be refunded. Any month started is due in full.
Monthly subscription without commitment. As part of the HappyGayTV Club subscription, without commitment and regardless of the formula chosen, the Customer may terminate his commitment by sending a request to SBD Motion, by clicking on the link here subject to at least five (5) days' notice before the renewal. Termination will take effect at the end of the current subscription month. No other amount will be required and no amount already paid for the subscription will be refunded. Any month started is due in full.
Commitment with tacit renewal. When the Service is provided for a minimum commitment period of one year, it is automatically renewed for periods of one year on each anniversary date of the Order. SBD Motion will send it to the Customer by e-mail at the earliest three months and at the latest one month before the renewal date, in a visible box, the information that he may not renew the subscription and the date limit to which the Customer must inform the SBD Motion Company that he does not wish to renew the contract. When this information has not been sent to him, the Customer may terminate the contract free of charge, at any time from the renewal date.
The Customer may terminate his subscription at the end of each annual period, by email by clicking on the link here or by registered letter to the following address SBD Motion, 6 rue du Fort 91120 Palaiseau- France at most no later than 15 (fifteen) days before the renewal date of the contract. In the event of late termination, the contract will be renewed until the end of the following period which must be paid in full by the Customer, which he expressly accepts.
- Article L215-1 of the Consumer Code: “For service provision contracts entered into for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated e-mail, at earlier than three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , minus the sums corresponding, up to this point, to the execution of the contract.
The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information.
- Article L215-2 of the Consumer Code: “The provisions of this chapter do not apply to operators of drinking water and sanitation services.”
- Article L215-3 of the Consumer Code: “The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.”
- Article L241-3 of the Consumer Code: “When the professional has not reimbursed under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate.”
5. CHARACTERISTICS OF THE PRODUCTS
The Customer can refer to the presentation of the Product on the Site, which is the subject of a summary on his Order page and in the confirmation email. The Customer is expressly warned that any Product offer is subject to change. Only the Product described during the Order is due to the Customer.
The Products governed by the GCS are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, SBD Motion cannot be held liable unless it concerns a substantial element of the Product in question. The Product purchased by the Customer is provided in its current version on the date of purchase.
6.1. Order on the Site. After having selected the Service and/or the product that he wishes to subscribe to on the Site, the Customer is directed to an order page on which he enters his personal details (surname, first name, email, address, telephone number.) and the terms of payment (single payment or in installments, method of payment). and, where applicable, all the necessary and accurate information and contact details to enable the delivery of the Product and the invoicing of the Order. The Customer is solely responsible for the accuracy of the information provided and guarantees the SBD Motion Company against any false identity. The Customer cannot hold SBD Motion responsible for a breach resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Service or deliver the product. For a product, the Customer must ensure that he will actually be able to receive the package at the address provided, according to the delivery times indicated when placing the Order.
The Customer must also have a functional electronic sending and receiving mailbox. Failing this, he will not be able to receive written confirmation of his order at the e-mail address provided, nor receive his access codes to the Service.
6.2. Payment obligation. Any Order received by SBD Motion is deemed to be firm and final, entails full acceptance and full acceptance of the T&Cs under the conditions provided, and obligation to pay for any Service and/or any product ordered.
6.3. Electronic signature The online provision of the Customer's bank details and the final validation of the order will be worth proof of the Customer's agreement and will be worth:
- Payability of sums due under the Order placed
- Signature and express acceptance of all the operations carried out during the Order on the Site (checkbox, uncheckbox, validation click, etc.).
6.4. Confirmation of the order. After having read and accepted the GCS on the order page, the Customer is directed to a summary page of his order, on which he provides his bank details before validating his payment. It is up to the Customer to check the summary information of his order and to rectify it if necessary, before validating the payment of the Order. This second click definitively confirms the Customer's order.
6.5. Order confirmation. The Customer receives a confirmation email and summary of his order as soon as the payment is actually validated by the Company SBD Motion or its payment service provider.
6.6. Proof of transaction. The computerized registers, kept in the computer systems of the SBD Motion Company under reasonable security conditions, will be considered as proof of communications, Orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
7. PRICES CONDITIONS
7.1. Applicable rates. The Service subscribed to, or the product ordered, is delivered at the current prices appearing on the Site when the Customer's Order is registered by SBD Motion.
The prices are indicated in euros and take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services. The prices indicated on the Site are provided with all taxes included. It is up to the professional to carry out any useful checks and to comply with his tax obligations, in particular in terms of VAT, for which the Customer is solely responsible.
In the event of an international sale, all customs duties and various taxes payable are the responsibility of the Customer and are his sole responsibility. It is the Professional Client's responsibility to carry out any useful checks and to comply with his tax obligations. The SBD Motion Company cannot assume any liability in this respect and the Customer is solely responsible.
7.2. Payability of sums. Validation of the Order makes all sums due under it due. By validating his order, the Customer authorizes SBD Motion (or its Partners, payment service providers) to send instructions to his bank to debit the bank account whose details have been provided by the Customer, according to any deadlines indicated. in the Order summary.
7.3. Payment method. To pay for his Order, the Customer has, at his option, all the payment methods made available to him by the SBD Motion Company on the Site.
7.4 Direct debit: The Customer chooses the bank direct debit method with the secure systems and services provided by third parties on the Site and subject to specific contractual conditions over which the SBD Motion Company has no control – in particular for information purposes for Stripe ( https://stripe.com/payment-terms/legal), Paypal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR). In this case, payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Customer's choice. SBD Motion reserves the right to use the payment service providers of its choice and to change them at any time.
7.5. Debit authorization. By communicating his banking information during the sale, the Customer authorizes the SBD Motion Company to debit the account for the amount of the price indicated on the Site for the Service and/or the corresponding product. The Customer guarantees to the SBD Motion Company that he is of legal age and that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
7.6. Special offers and coupons. SBD Motion reserves the right to offer time-limited introductory offers, promotional offers or price reductions on its Products or Services and to revise its offers and prices on the Site at any time, under the conditions provided for by the law. The applicable prices are those in force at the time of the Customer's order, who cannot claim other prices, prior to or after their order. Discount vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and can only be used once.
7.7 Payment incident - Fraud. The SBD Motion Company reserves the right to suspend any processing of Orders, any delivery and any delivery of the Service in the event of refusal of authorization of payment by credit card on the part of officially accredited bodies or in the event of non-payment. SBD Motion notably reserves the right to refuse to honor an order from a Customer who has not fully or partially paid for a previous Order or with whom a payment dispute is in progress.
SBD Motion may contact the Customer to request additional documents to execute payment for the Order. SBD Motion may rely on the information provided by the Order analysis system. The supply of the requested documents is necessary for the confirmation of the Order by the SBD Motion Company. In order to fight against credit card fraud, a visual verification of the means of payment may be carried out by the SBD Motion Company before making the Service accessible and delivering the Product. In the event of fraudulent use of his credit card, the Customer is invited, as soon as this use is observed, to contact SBD Motion, without prejudice to the steps to be taken by the Customer with his bank.
7.8. Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Client.
7.9. Payment facilities. If the SBD Motion Company offers the Customer to pay the entire fixed price determined in several instalments, this is not a non-binding payment or a monthly subscription, but a schedule for payment of the price of the Service and/or the product. The entire price corresponding to the sum of the installment payments is due, regardless of the number of payments envisaged and the price of the Service and/or the Product. The last fixed payment date is never scheduled more than three (3) months after the order of the product or the end of the provision of the Service and/or the closing of the Customer's access to the Service.
For the Products, installment payment or any other payment facility may also be provided for the continuous supply or successive performance of goods of the same nature and under the terms of which the Customer pays the cost by installment payments throughout the duration of the supply. .
Any payment facility provided at the time of the Order does not constitute a credit or microcredit.
When a payment in installments is proposed, the first installment is settled on the day of the order and the following installments with an interval between each payment specified in the summary of the order (unless otherwise stated, a month's interval between each payment ). In this case, the Customer guarantees the validity of the banking information until the last scheduled payment date. SBD Motion reserves the right to refuse an Order in several installments if the bank card expires before the last scheduled payment or if the secure payment service provider objects.
8. Product Delivery
8.1. Stock availability. The Products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the Product ordered, the Company immediately informs the Customer and may offer him a Product of equivalent quality and price or, failing that, refund the Order if the Customer is a consumer. Apart from reimbursement of the price of the unavailable Product, SBD Motion is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
8.2. Carrier. Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access. Unless otherwise stated on the Site at the time of the Order, this carrier is La Poste Colissimo which applies its own general conditions of transport.
8.3. Retention of title and transfer of risk. SBD Motion remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the Products. Except in the case where full payment of the price has not been cashed with the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer when the latter or a third party designated by him (for example, a collection point, a concierge, etc.) and other than the carrier proposed by the SBD Motion, takes physical possession of it. In any event, when the Customer entrusts the delivery of the goods to a carrier other than that offered by the SBD Motion Company, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.
8.4. Delivery time. Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless the law authorizes a longer period, SBD Motion undertakes to deliver any Product within 30 days. after receipt of the Order. The delivery times indicated during the Order may be longer and vary taking into account the delivery contingencies of the postal services and any unforeseeable event outside the Company or the carrier (eg strike).
8.5. Late delivery. When the Product ordered is not delivered on the date or at the end of the period mentioned on the Order form or provided for in the GCS, the Customer may, after having unsuccessfully ordered the Company SBD Motion to fulfill its obligation to deliver within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered resolved upon receipt by SBD Motion of the letter or writing informing it of this resolution, unless SBD Motion has complied in the meantime. When the contract is terminated under these conditions, the SBD Motion Company reimburses the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated.
Unless the law provides otherwise, and except as otherwise provided herein, delivery time overruns cannot give rise to damages or compensation of any kind whatsoever. The Company reserves the right to forward the Customer's dispute to the carrier responsible for the delivery, who may, if necessary, be required to request further information from the Customer concerning the reported delay.
8.6. Place of delivery. The Products are delivered to the delivery address provided by the Customer when placing the Order. The Customer may not change the place of delivery after the Order has been placed. The Company may provide for delivery by direct delivery to the delivery address or to a collection point. In the event of an epidemic or any other health risk, the package may be left in front of the building at the place of delivery (contactless delivery). Any unexpired proof of identity may be requested prior to delivery of the Product. Within fifteen days of the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. If the Product is not collected within the times and conditions indicated, the Order will be canceled and the transport costs charged to the Customer.
8.7. Product Condition. When the Product is delivered to the address indicated by the Customer during the Order by a carrier, it is the Customer's responsibility to check, in the presence of the delivery person, the condition of the Product delivered and, in the event of damage or incomplete delivery, to make reservations on the delivery note or on the transport receipt, and
9. RIGHT OF WITHDRAWAL
9.1. Time limit. The Customer may withdraw from the contract concluded with the SBD Motion Company without giving any reason within fourteen calendar days starting on the day following the order (the day after the day of the subscription of the contract). If the period expires on a Saturday, Sunday or a public holiday, it is extended until the expiry of the last hour of the first following working day.
9.2. Exercise. To exercise the right of withdrawal, the Customer notifies the Company SBD Motion, 6 rue du Fort 91120 Palaiseau-France and by email: by clicking on the link here, its decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail). The Customer can use the model withdrawal form but it is not mandatory. This is a consumer right and not a commercial guarantee.
9.3 For the Service. In the event of withdrawal for one or more Services, the SBD Motion Company reimburses the price paid no later than fourteen days from the day after receipt of the withdrawal decision, by the same means of payment as that used for the original transaction, unless the Customer agrees to a different means.
ATTENTION, FOR SERVICES THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN CASE OF:
- Supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
- Supply of digital content not provided on a material medium, the execution of which has begun after the prior express agreement of the consumer and express waiver of his right of withdrawal;
- Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
- Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period (conference , live event…);
- When the Client is a professional.
If the Customer requests to benefit from a service, directly after the order
If the Customer requests to benefit from a service, directly after the order without waiting for the end of the withdrawal period but does not waive his right in the cases provided for above, he pays the Company SBD Motion an amount corresponding to the Service provided until the communication of its decision to withdraw. This amount is proportionate to the total price of the service agreed at the time of the order. If the total price is excessive, the appropriate amount is calculated based on the market value of what was provided.
In the context of legal exceptions and when required by law, the Customer may be asked at the time of the order to indicate his agreement to receive the Service before the end of the withdrawal period and/or for his waiver of the right withdrawal via a checkbox or any other appropriate means. Failing this, SBD Motion reserves the right not to send any content to the Customer before the expiry of the fourteen-day period, which he expressly accepts.
9.4. Termination of the Service in the event of exercise. Exercising the right of withdrawal puts an end to the obligation of the parties either to perform the contract or to conclude it when the consumer has made an offer. Exercising the right of withdrawal from a main contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for by law. The Customer is therefore informed that the SBD Motion Company will immediately cease the Service in the event of exercise of the right of withdrawal.
9.5. Return of the Product. The Customer must return or return the Product for which he has withdrawn, to the Company no later than fourteen days after sending his decision to withdraw. This deadline is deemed to have been respected if the goods are returned before the expiry of the fourteen-day period under the return conditions provided. The costs of returning the products are the responsibility of the Customer. The terms and conditions for returning Products are specified in the article “TERMS AND CONDITIONS FOR RETURNING PRODUCTS” to which the Customer refers.
9.6. Repayment. In the event of withdrawal by the Customer, SBD Motion will reimburse the price of the Product no later than fourteen days, starting the day after receipt of the Customer's decision to withdraw. The Company proceeds to the refund using the same means of payment as that used by the Client for the initial transaction, unless he expressly accepts a different means; in any event, this refund will not incur any costs for the Customer. The Company may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, the date used being that of the first of these events.
ATTENTION, FOR PRODUCTS, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN CASE OF:
- When the Client is a professional,
- Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Supply of goods made to consumer specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
- Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- Well bought after a public auction.
10.1. Terms. It is recalled that the legal guarantees of conformity and hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and assume normal use of the Products according to the practices in force. These guarantees apply outside of any commercial guarantee. It is advisable to check the product at the time of its delivery and in the event that the delivered Product is non-compliant (product error, defective, damaged or incomplete product), to issue written reservations at the latest within three (3 ) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect found, the Customer returns the defective Product to the SBD Motion Company. In all cases, the legal deadlines will apply.
10.2. Guarantee of conformity. The conformity guarantee is a legal guarantee that applies outside of any commercial commitment. The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between its repair or its replacement. However, if this choice entails a manifestly disproportionate cost with regard to the other possible method, taking into account the value of the good or the importance of the defect, the Customer's choice may be rejected.
10.3. Warranty against hidden defects. The warranty against hidden defects is a legal warranty that applies outside of any commercial commitment. The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the Customer may request the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. In all cases, the article in question will be likely to be the subject of an analysis directly by the manufacturer, whether it is the Company or a third party.
10.4. Legal dispositions. By accepting the T&Cs, the Customer certifies having read the following legal provisions:
Article L. 217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in a condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »
11. RETURN CONDITIONS
11.1. Address. The products should be returned to the following address: SBD Motion, 6 rue du Fort, 91120 Palaiseau - France. The Customer will be asked to include in his return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid during the Order, as well as the withdrawal form or any other unambiguous declaration as to the exercise of the right of withdrawal, of a legal guarantee or, where applicable, commercial, justifying the return of the Product.
11.2. State. The Customer may return the product in its original packaging or in another packaging, provided that all precautions are taken to ensure that the product is packaged and protected as much as it could be in its original packaging so that it does not suffer any damage during transport. Any Product damaged in relation to the state in which it was sent, incomplete, or whose packaging has been damaged cannot be returned, exchanged or refunded to the Customer. In particular, any Product that is damaged or shows signs of new wear and/or odors cannot be returned, including on the basis of the right of withdrawal.
11.3. Return costs. Return costs are the responsibility of the Customer, including in the event of exercise of the right of withdrawal.
11.4. Repayment. After receipt of the Product, SBD Motion proceeds to the full refund of the price of the returned Product, excluding delivery costs (unless otherwise stated in the GCS, or when the law provides for this refund). In the event of an Order for several Products and the return of only part of the Order, the reimbursement of delivery costs is made in proportion to the number of Products ordered and returned under the conditions provided. Unless otherwise provided by law, only products will be reimbursed which (i) are returned with their original packaging and labels and (ii) have not been used or worn (for textiles). In the event of a return not respecting the legal and/or commercial conditions provided for, no refund can be demanded and the Customer will remain the owner of the returned product, which he can come and recover directly from the SBD Motion Company, or which will be returned to him. at its own expense within a maximum of one month following notification of the Company's refusal to reimburse.
12. CONDITIONS OF ACCESS TO THE SITE AND THE SERVICE
12.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. SBD Motion cannot be held liable for material damage related to the use of the Site. In addition, the User agrees to access the Site using recent equipment, not containing viruses and with an updated latest generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet, to access the Site and the Service.
12.2. Access to the Service. SBD Motion will provide the Identifiers allowing access to the Service at the latest within 24 hours from the date and time at which the Customer placed his Order, subject to acceptance of payment by his bank. It is therefore essential to provide a valid email address. The conditions of access to the Service may vary according to the conditions for exercising the right of withdrawal, in accordance with the terms provided for by the GCS and the law.
The Customer is invited to contact the SBD Motion Company if he has not received or if he has lost his Identifiers so that they can be reset within 76 hours. The subsequent provision of Identifiers releases SBD Motion from any liability vis-à-vis the Customer, who cannot hold it responsible for the unavailability of the Service.
12.3. Individual and personal character of Identifiers. Any Login ID provided by SBD Motion to the Customer is strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service only for exclusively personal purposes and declares not to resell, distribute or rent to third parties all or part of the Services and in particular the content of the Services or any other product received within the framework of its Ordered. The Customer who does not respect this commitment is liable to prosecution. The Customer will be liable for any unauthorized, fraudulent or abusive use of his Identifiers, and will immediately inform the SBD Motion Company of the loss or theft of the latter. In the event of proven violation of the conditions of access to the Site or Service, SBD Motion reserves the right to suspend access to the Service, without compensation, notice or prior information.
12.4. Number of accesses. Unless special conditions provide for more extensive access, the subscription to a Service by a Customer only includes access rights for a single person, regardless of the number of employees or establishments of the Customer. If the Customer wishes that several of its employees, collaborators, partners or any other person can access the Service, it must subscribe to as many contracts as there are people for whom access to the Service is desired.
12.5. Maintenance. The Site may be subject to maintenance operations and SBD Motion reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service in order to ensure maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
12.6. Contractual responsibility. SBD Motion implements all reasonable means at its disposal to ensure continuous and quality access to the Site and the Service, but is under no obligation to do so. In particular, SBD Motion cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site or the Service.
12.7. Registration on the Site. The SBD Motion Company may provide for a registration procedure on the Site to have access to a User space. The identifiers allowing any User registered on the Site to access the information of his account and his order. Any connection identifier provided by the Company to the User is strictly personal, individual, confidential and non-transferable. The User will be liable for any unauthorized, fraudulent or abusive use of his Connection Identifiers. The User is invited to contact the SBD Motion Company if he has not received or if he has misplaced the information allowing him to connect so that it can be returned to him.
12.8. Loss of identifiers. The User will inform the Company without delay of the loss or theft of his Connection Identifiers. In the event of proven violation of the conditions of access to the Site, the Company reserves the right to suspend access to the Site, without compensation, notice or prior information. The subsequent provision of Identifiers will release the Company from any liability vis-à-vis the User, who cannot hold it responsible for the unavailability of the Site.
12.9. Good Faith Use - Third Party Sites. Any contribution space on the Site and to which the Customer may have access as part of a Service, including on social networks and groups, must be used in good faith. The Customer is prohibited from any defamatory, threatening, hateful, intolerant, obscene, etc. and any denigrating publication likely to infringe the rights of the SBD Motion Company, other Users, third parties or contrary to the law.
SBD Motion reserves the right to refuse access to all or part of the Site, the Service, contribution spaces and groups or to limit access rights to contribution spaces and groups, unilaterally and without prior notification to any Customer who does not comply with the T&Cs, any conditions of use of the Site, the Service and/or any third-party sites, platforms and tools accessible as part of the Service or more generally, any legal or regulatory obligation.
The Customer undertakes to inform himself of the conditions of use of all sites, social networks, platforms and third-party tools accessible within the framework of the Service and to comply with them. SBD Motion has no control over these conditions and declines all responsibility in the event of banishment or litigation of the Customer with these third-party sites.
13. PROTECTION OF PERSONAL DATA
SBD Motion respects the privacy of its Users and Customers. It undertakes that the collection and automated processing of their data for the purpose of improving the Site and the Service, the provision of the latter, commercial prospecting, the management of Orders, contracts and disputes comply with the general data protection regulations (GDPR) and the Data Protection Act in its latest version.
The information requested in the forms available on the Site marked with an asterisk are mandatory and necessary for the management of requests, and failure to respond to a mandatory field will make it impossible for the Company to process User requests.
Customers' personal data will not be kept beyond the time strictly necessary for the pursuit of the purposes indicated. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions likely to arise.
Every User is informed and accepts that the Site may include technical devices which make it possible to monitor use (logged-in user account, IP address, type of application used, various logs of connection and use of the User account, etc. ) and are likely to be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site
In accordance with the Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, under the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be subject to an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is informed and accepts that the Site and/or the Service may include technical devices which make it possible to monitor use (logged-in user account, IP address, type of application used, various connection and use in the User account, etc.) and which are likely to be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
Any exercise request can be sent by email by clicking on the link here Any person concerned by processing has a right of complaint to the Commission Nationale Informatique et Libertés.
14. PARTNER SITES – HYPERTEXT LINKS
The User can access, through the hypertext links present on the Site or within the framework of a Service, the sites of Partners or third parties, designed and managed under the responsibility of third parties who are not subject to the GCS. The User is therefore invited to read the contractual conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these Partner or third-party sites.
No control over said sites and content is exercised by SBD Motion, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party site directs its users to the Site, SBD Motion reserves the right to request the removal of the hypertext link pointing to the Site if it considers that this link does not comply with its legitimate rights and interests.
15. CASE OF FORCE MAJEURE OR FORTUITOUS
The performance of SBD Motion's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. This suspension may concern all or part of the Service. In this case, SBD Motion will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to restitution. If the final impediment is partial, only partial restitution will be granted.
Under the conditions provided for by law, Customers expressly accept that they may not invoke a case of force majeure to delay payment (of an invoice, for example) for a Service provided or in the process of being provided, or refuse delivery of an Order placed.
Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company SBD Motion, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of SBD Motion.
The responsibility of the SBD Motion Company can in no way be engaged due to difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to a technical or software failure or any other cause which is foreign to him. The Customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result therefrom. Consequently, SBD Motion cannot be held responsible for any unavailability, slowdowns or failures of the Internet network or any computer solutions, except in the event of proven negligence on its part.
In addition, in the event of incapacity for work of the person(s) in charge of the Service, as a result of illness, accident, family reason, etc., SBD Motion reserves the right to replace him without it cannot be demanded by the Customer the payment of any compensation. SBD Motion will notify the Customer within a reasonable time of this incapacity and as far as possible of its duration.
16. INTELLECTUAL PROPERTY
SBD Motion or its Partners hold all intellectual property rights relating to the Site and the Service. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or Products or constituting the tools and media delivered on the Site and as part of the Service.
Access to the Site and the Service and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Service, which remain the exclusive property of the Company. SBD Motion or its Partners.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site. and the Service without the prior written authorization of SBD Motion or its Partners.
The use not previously authorized by SBD Motion or its Partners, for any reason whatsoever, of all or part of the Site or the Service may be the subject of any appropriate action, in particular an interruption of access to the Service or an action for infringement.
In return for the payment of the price requested during the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information of the Service are the subject of a strictly personal, non-transferable and non-exclusive for the duration of the Service selected by the Customer at the time of the Order for the duration of the contract only.
As such, the Customer is prohibited from using and exploiting the Service on behalf of other people, including his employees or his entourage. He assumes his responsibility in the event of unauthorized transfer or communication of the content of the Service or sharing in any capacity whatsoever of his Connection Identifiers. The Customer guarantees respect for the intellectual property rights of SBD Motion or its Partners by all of its employees likely to have access to the restricted content of the Site and all the content of the Service.
All the distinctive signs used by SBD Motion are protected by law and any use not authorized by SBD Motion may give rise to prosecution. SBD Motion reserves the right to close the Customer's access to the Service in the event of violation of its intellectual property rights, without prejudice to any penalties and damages.
Non-compliance with the intellectual property of SBD Motion or its Partners will be analyzed as serious misconduct by the User or Customer, causing damage to SBD Motion, which reserves the right, in this case, to claim any damages. -interests.
17. CUSTOMER REFERENCES AND COMMUNICATION
17.1. Client reference. Customers may be approached by SBD Motion to be cited as beneficiaries of the Service. With the Customer's agreement, SBD Motion may be authorized to mention the name of the Customer, the opinion he has given to SBD Motion on the Service as well as an objective description of the nature of the Service which he has been provided in its lists of references and proposals for the attention of its prospects and its Customers, in particular on the Site, for advertising and promotional purposes, during interviews with third parties, communications to its staff, internal forward-looking management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
17.2. Authorization to operate. When the Customer sends writings, videos and/or photographs to the SBD Motion Company to give its opinion or testify on the Service provided by the SBD Motion Company, and if necessary issues comments or publications concerning the SBD Motion Company (for example, on its social networks), to which are attached its identifier and its profile photo on the social networks, then the Customer authorizes the Company SBD Motion to use this content for the promotion of its commercial activities. The contents are likely to be protected by image rights and/or copyrights, and in this case, the Customer grants SBD Motion the possibility of adapting them (on the form) and reproduce on any medium, in particular by presenting them as a commercial reference and/or as an opinion. For example, SBD Motion may take screenshots of publications on social networks concerning it or on the Service from which the Customer has benefited, and reproduce them on the Site as a notice.
The Customer acknowledges that he is fully satisfied with his rights and may not claim any compensation for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the whole world. SBD Motion reserves the right to submit to the Customer any other request for authorization to shoot and transfer rights, for all cases not provided for herein or on an ad hoc basis.
17.3. Event. The provisions of the previous paragraph apply identically to videos and photographs taken during any type of event (public, reserved for customers, webinars, training courses, etc.) organized or co-organized by the Company. SBDMotion. The recordings of the events may be recorded and published by the SBD Motion Company, including on social networks in the form of extracts or as free or paid replays. If the Customer does not wish to appear, he will please place himself in the back of the room, not to participate in the group photos, not to make a sign to the photographer / cameraman in whose field he could be placed. When the event is remote, the Customer may choose a pseudonym and not activate his camera so as not to appear in the screenshots. It is up to Professional Clients to inform their beneficiaries of the Training or Seminar of the shooting conditions.
18. CHANGES IN THE GENERAL CONDITIONS
SBD Motion reserves the right to modify the terms, conditions and notices of the GCS at any time and without notice in order to adapt them to changes in the Site or its operation, and the characteristics of the Service. The applicable conditions are those accepted by the Customer and sent to the Customer in the event of distance selling by any means of communication on a durable medium.
Changes to the T&Cs made by SBD Motion will not apply to Services already subscribed to, except for clauses related to the technical development of the Service, provided that there is no resulting increase in price or alteration of the quality or characteristics to which the non-professional or consumer Customer has made his commitment subject.
The Customer may also be asked to accept the modified T&Cs and failing that, the last accepted T&Cs continue to apply until the Service is fully performed and/or the product is actually delivered. If it is impossible for SBD Motion to continue to provide the Service under the previous conditions, the Customer has the option of requesting termination and reimbursement. In this case, for the Service, the SBD Motion Company may withhold an amount corresponding to the Service provided until termination, under the conditions provided for by law.
19.1. Warranty for the Service. Except under the conditions of the legal or commercial warranties granted that may be applicable, SBD Motion is not bound by any obligation of result and provides no express or implied warranty, including, without this list being exhaustive, relating to the continuity, the performance, the result, the durability of the Service provided, which are subject to a hazard.
The price of the Service does not in any way include the costs to be incurred by the Customer in the context of its activities to achieve its objectives and any amount of costs, for example advertising, is always provided for information only in the context of the Service.
Any objectives, success stories or examples presented by SBD Motion on the Site and as part of the Service assume the concrete and effective implementation of all advice, techniques and tools that may be provided as part of the Service and in no way constitute a promise of gain or result. SBD Motion cannot in any way guarantee the Customer that it will obtain similar results and these references are only used as an example.
19.2. Responsibility of Users and Customers. The User or Client is solely responsible for the interpretations he makes of the information provided under the Services and/or the products, the advice he deduces or which has been provided to him within the framework of the Services and the adaptations made for its own activities. The exploitation of the information is done under the sole responsibility of the Client and at his own risk, which the Client expressly accepts.
When the Product is delivered with a user manual or any user guide, including by reference to a URL link, the Customer undertakes to read it and use the Product in accordance with the recommendations provided.
The Client acknowledges that he has received sufficient information and advice before committing and is aware that any desired result involves, by nature, risks and requires substantial effort. The Customer declares that he is fully aware that the Services offered are for informational purposes only and do not commit SBD Motion to obtaining any result by the Customer, except for commercial and specific guarantees applicable to the Service. Any Service cannot be assimilated to a medical, psychological, legal or financial service. It does not allow you to obtain a diploma recognized by the State, and it has never been offered as such by the SBD Motion Company. The Customer remains perfectly free of his commitments and to withdraw from the Service under the conditions provided for in the contract. He acts under his sole and exclusive responsibility.
In the exchange spaces, the Customer assumes as publisher, the responsibility for the communication to the public of the information and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for its sites, blogs , pages and accounts on social networks. The Client is solely responsible for the quality, legality and relevance of the data and content that it transmits to the public.
19.3. Limitation of Liability. Regardless of the type of Service formula selected by the Professional Client, the liability of SBD Motion is expressly limited to compensation for direct damages proven by the Professional Client. Under no circumstances shall SBD Motion be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and the reputation of the Professional Client. Similarly, SBD Motion cannot be held liable for direct or indirect damage caused to the User's equipment when accessing HappyGayTV.com and its affiliated sites, and resulting either from the use of equipment that does not meet the expected conditions, either the appearance of a bug or an incompatibility.
IN ANY CASE, THE LIABILITY OF SBD Motion IS LIMITED TO PROFESSIONALS AT THE AMOUNT OF THE PRICE PAID EXCLUSIVE OF TAXES BY THE CUSTOMER IN CONSIDERATION FOR THE PROVISION OF THE SERVICE IN THE FRAMEWORK OF WHICH THE DISPUTE FALLS. THIS AMOUNT SHALL BE UNDERSTANDED AS THE MAXIMUM THAT SBD Motion COULD BE REQUIRED TO PAY INDEMNITY (DAMAGE AND INTEREST) AND PENALTIES, REGARDLESS OF THE HEADS OF ALLEGED DAMAGES AND THE LEGAL BASES UNLESS THE LAW WHERE JURISPRUDENCE OPPOSES IT.
The T&Cs as well as all the purchase and sale transactions referred to therein are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the T&Cs by the SBD Motion Company does not constitute a waiver on its part of the other clauses herein which continue to produce their effects.
The Customer agrees that SBD Motion may assign this contract to its affiliated companies or to a purchaser without its prior consent.
21.1. Amicable resolution. In the event of a dispute, the Customer will first contact the SBD Motion Company to try to find an amicable solution.
In the event of difficulty in the application of this contract, the consumer Customer residing in Europe has the possibility, before any legal action, to seek the recourse of a consumer mediator identifiable on the site https://www.economie .gouv.fr/mediation-conso
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can enter the Online Dispute Resolution (ODR) platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.chooseLanguage.
21.3. Dispute between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY SBD Motion RELATING TO THE SERVICE, THE INTERPRETATION, THE EXECUTION AND/OR THE TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION SHALL BE GIVEN TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF THE HEAD OFFICE OF THE COMPANY SBD Motion, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES BY MEANS OF REFERENCE OR REQUEST.