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INFINITE CRÆKEN

Terms of Sales

This English version is a translation provided for information purposes only. In the event of any discrepancy, the French version shall prevail.

General Terms of Sale of Infinite Cræken

Effective as of 

PART I: GENERAL PROVISIONS

Article 1: Purpose and scope

These general terms of sale (hereinafter the “Terms of Sale”) govern the contractual relationship between Infinite Cræken (hereinafter the “Seller”) and any person (hereinafter the “Customer”) who:

These Terms of Sale do not apply to products sold through third-party platforms (in particular Amazon, Kobo, Spreadshirt, Alamy, Google Play), which act as the seller under their own terms. Such sales are governed exclusively by the terms of the platform concerned.

Use of the Site is governed by the General Terms of Use.

Article 2: Seller information

Infinite Cræken, simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 500.00

RCS Lorient 990 859 852 (SIREN 990 859 852), EUID FR5601.990859852

Registered office: 6 rue du Père Éternel, 56400 Auray, France

EU VAT number: FR18 990 859 852

Phone: +33 9 72 21 19 37 (local call rate, depending on your provider)

Email: co*****@*****en.com

Legal representatives: Anna Calloch, President, and Kai-Patrick Francis, Managing Director (Directeur général)

Article 3: Definitions

In accordance with Article L221-3 of the French Consumer Code, a Business with no more than five (5) employees that concludes an off-premises contract whose subject matter falls outside the scope of its main activity benefits from the protective provisions applicable to Consumers.

Article 4: Acceptance of the Terms of Sale

The Terms of Sale are made available to the Customer on the Site, where they can be viewed, downloaded and printed at any time. The Customer confirms having read and accepted them by ticking the box provided before confirming the order or, for consulting services, by signing the quote that refers to them. The applicable Terms of Sale are those in force on the date of the order.

PART II: SALE OF DIGITAL PRODUCTS ON THE SITE (CONSUMERS AND BUSINESSES)

Article 5: Products

The essential characteristics of the Digital Products (title, author, language, format, file size, technical compatibility, functionality, any technical protection measures or watermark) are set out on each product page. Offers are valid for as long as they are visible on the Site.

Article 6: Prices

Prices are shown in euros, including all taxes. For Consumers established in another Member State of the European Union, the applicable VAT is that of the Customer’s Member State of residence, in accordance with the rules on electronically supplied services. The applicable price is the one displayed at the time the order is confirmed. No delivery charges apply to Digital Products.

Article 7: Ordering

The Customer selects the Digital Product(s), checks the order details and total price, may correct any errors, then accepts the Terms of Sale and confirms the order by clicking a button labelled “Order with obligation to pay” or a similar unambiguous wording.

The Seller sends the Customer, without delay, an order confirmation email setting out all elements of the contract, the applicable Terms of Sale and, where applicable, confirmation of the Customer’s express consent referred to in Article 10. The Seller archives orders on a reliable and durable medium; the Customer may access them on request.

The Seller reserves the right to refuse an order in the event of an earlier dispute concerning payment of a previous order or suspected fraud.

Article 8: Payment

The price is payable when the order is placed. Payment is made using the methods offered at checkout (credit card, PayPal or any other method displayed), through secure payment providers. The Seller never has access to the Customer’s full payment card details. An electronic invoice is sent to the Customer with the payment confirmation.

Article 9: Supply of Digital Products

Digital Products are supplied immediately after payment confirmation, by means of a download link sent by email and, where applicable, available in the customer account. The link remains active for thirty (30) days and allows five (5) downloads. In the event of download problems, the Customer contacts the Seller, who will send a new link free of charge.

Article 10: Right of withdrawal (Consumers)

Principle. Consumers have fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without giving any reason and without incurring any costs other than those provided for by law (Articles L221-18 et seq. of the French Consumer Code).

Exception for digital content. In accordance with Article L221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not supplied on a tangible medium where performance has begun, if the Consumer has given prior express consent to such performance, has expressly acknowledged that they thereby lose their right of withdrawal, and has received confirmation of this consent on a durable medium. This consent is obtained by means of a separate, unticked checkbox before the order is confirmed. Without such consent, the right of withdrawal applies in full.

How to withdraw. Consumers may exercise their right of withdrawal:

The Seller acknowledges receipt without delay on a durable medium.

Effects. The Seller refunds all payments received no later than fourteen (14) days after receiving the withdrawal decision, using the same means of payment as for the initial transaction unless the Customer expressly agrees otherwise, and at no cost to the Customer.

Article 11: Legal warranties (Consumers)

The Seller is bound by the legal warranty of conformity for digital content provided for in Articles L224-25-12 et seq. of the French Consumer Code. Consumers have two (2) years from the supply of the digital content to take action. In the event of a lack of conformity, they are entitled to have the digital content brought into conformity or, failing that, to a price reduction or termination of the contract, under the conditions provided for by law. Consumers do not have to prove the existence of the lack of conformity for one (1) year from supply. Any bringing into conformity is free of charge for the Customer.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

Information box on legal warranties (model annexed to Article D. 211-3 of the French Consumer Code):

The consumer has two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. For one year from the date of supply, the consumer only has to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entails the obligation to provide all updates necessary to keep the digital content or digital service in conformity.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in return for giving up the digital content or digital service, if:

1° The trader refuses to bring the digital content or digital service into conformity;

2° Bringing the digital content or digital service into conformity is unjustifiably delayed;

3° The digital content or digital service cannot be brought into conformity without costs being imposed on the consumer;

4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;

5° The lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request that the digital content or digital service be brought into conformity first.

Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of bringing it back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.

The above rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A trader who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to EUR 300,000, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in return for giving up the digital content or digital service.

Article 12: Licence to use Digital Products

The purchase of a Digital Product grants the Customer a personal, non-exclusive, non-transferable and non-assignable licence to download, store and view the Product on their own devices for strictly private use. Any reproduction, distribution, resale, rental or making available to the public, in whole or in part, free of charge or for payment, as well as any use for text and data mining or for training artificial intelligence systems, is prohibited without the Seller’s written authorisation. Products may contain an identifying digital watermark.

PART III: VOLUNTARY CONTRIBUTIONS

Article 13: Nature of contributions

The Site allows any visitor to freely support the work of Infinite Cræken by making a voluntary one-off or recurring contribution of an amount of their choice. Contributions are optional and do not entitle the contributor to anything in return (product, service or access to restricted content). Access to the Site and its content remains the same whether or not the visitor contributes.

As Infinite Cræken is a commercial company and not a public-interest organisation, contributions are not tax-deductible donations and no tax receipt is issued.

Article 14: Payment and management via Google

Contributions are collected via the Google Reader Revenue Manager tool. Payment is processed by Google (Google Pay) under its own terms of service and privacy policy, which the contributor accepts when paying. The Seller has no access to the contributor’s payment details.

The contributor may cancel a recurring contribution at any time and free of charge from their Google account (Payments & subscriptions section) or by contacting the Seller. Cancellation takes effect at the end of the current period; no further payments are taken afterwards.

Article 15: Refunds

As a goodwill gesture, the Seller will refund any contribution on request sent to co*****@*****en.com within fourteen (14) days of payment, as well as any contribution made by mistake or without the authorisation of the holder of the means of payment. Refunds are made via Google, using the same means of payment.

PART IV: CONSULTING SERVICES (BUSINESS CUSTOMERS)

Article 16: Scope

Consulting and other services (strategy, management, finance, organisation, project management, digital transformation, information systems and CRM, production coordination, remote administrative services) are offered exclusively to Businesses. Each service is the subject of a quote or commercial proposal (hereinafter the “Quote”) specifying its purpose, deliverables, timetable, price and payment terms. The provisions of the Quote and, where applicable, of a specific contract take precedence over these Terms of Sale. The Customer’s general purchasing conditions are not binding on the Seller unless accepted by the Seller in writing.

Article 17: Ordering

The Quote is valid for thirty (30) days from its date of issue. The order becomes firm once the Seller has received the signed Quote or its written acceptance (including by email or electronic signature) and, where applicable, the deposit payment. Any later change in scope is subject to an amendment or an additional Quote.

Article 18: Prices and VAT

Prices are expressed in euros excluding VAT; VAT is added at the applicable rate.

Travel and accommodation costs and disbursements are invoiced in addition, on presentation of receipts, unless otherwise stated in the Quote. Any bank charges, currency conversion fees or withholding taxes related to payment are borne by the Customer, so that the Seller receives the full invoiced amount.

Article 19: Payment terms

Customer established in France: unless otherwise stated in the Quote, invoices are payable within thirty (30) days of their date of issue, by bank transfer.

Customer established outside France: a deposit of thirty per cent (30%) of the total amount excluding VAT is payable on signature of the Quote; work begins on receipt of this deposit. The balance is payable within thirty (30) days of the invoice date, by bank transfer in euros (SEPA or SWIFT).

For assignments lasting more than one month, the Seller may issue interim invoices according to the schedule set out in the Quote. No discount is granted for early payment.

Article 20: Late payment

Any late payment automatically entails, from the day following the due date shown on the invoice and without any reminder being necessary:

In addition, if formal notice remains unanswered for eight (8) days, the Seller may suspend performance of ongoing services until full payment of the amounts due, without such suspension being considered a breach on its part.

Article 21: Performance and cooperation

The Seller is bound by an obligation of means (best efforts). The Customer undertakes to cooperate actively, to provide the necessary information, documents and access in good time, and to appoint a contact person with decision-making authority. Agreed deadlines are extended accordingly in the event of any delay attributable to the Customer.

Article 22: Intellectual property

The exploitation rights to deliverables created specifically for the Customer are assigned to the Customer, for the uses defined in the Quote, for the legal duration of the rights and worldwide, upon full payment of the price. Until such payment, the Seller retains full ownership. The Seller retains ownership of its methods, know-how, tools, templates and pre-existing materials; the Customer receives a non-exclusive right to use them to the extent necessary to exploit the deliverables. Unless the Customer objects in writing, the Seller may mention the Customer’s name and logo as a commercial reference.

Article 23: Confidentiality

Each party undertakes to keep confidential any non-public information of the other party obtained in the course of the services, for the duration of the services and for three (3) years after their end.

Article 24: Liability

The Seller can only be held liable for proven fault, and its liability is limited to direct damage. It is capped at the amount excluding VAT actually paid by the Customer for the service concerned over the last twelve (12) months. The Seller cannot be held liable for indirect damage, in particular loss of business, revenue, customers or data, or for decisions taken by the Customer on the basis of its recommendations, which remain the Customer’s sole responsibility. These limitations do not apply in the event of gross negligence, wilful misconduct or personal injury.

Article 25: Termination

In the event of a serious breach by either party of its obligations that is not remedied within fifteen (15) days of formal notice sent by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt, the other party may terminate the contract automatically. Services performed up to the termination date remain payable, and the deposit paid remains with the Seller to the extent of the work performed.

Article 26: Governing law and jurisdiction (Business Customers)

Relations between the Seller and its Business Customers are governed by French law, regardless of where the Customer is established. In the event of a dispute, the parties shall seek an amicable solution for thirty (30) days. Failing that, exclusive jurisdiction is conferred on the Commercial Court of Lorient (Tribunal de commerce de Lorient), including in the case of multiple defendants, third-party claims or summary proceedings.

PART V: FINAL PROVISIONS

Article 27: Customer service and complaints

For any questions or complaints: co*****@*****en.com, +33 9 72 21 19 37 (local call rate), or by post to the Seller’s address. The Seller undertakes to acknowledge receipt within five (5) working days and to respond within thirty (30) days.

Article 28: Consumer mediation

In accordance with Articles L611-1 et seq. of the French Consumer Code, Consumers have the right to refer a dispute with the Seller, free of charge, to a consumer mediator with a view to an amicable resolution. The Consumer must first have sent a written complaint to the Seller. The designated mediator is:

CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France. Website: https://www.cm2c.net. Email: cm**@**2c.net. Mediation is conducted in French.

The mediator must be contacted within one (1) year of the written complaint sent to the Seller.

Article 29: Force majeure

Neither party shall be liable for failure to perform its obligations resulting from force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than thirty (30) days, either party may terminate the contract in writing; amounts paid for services not performed are then refunded.

Article 30: Personal data

Personal data collected in connection with orders is processed in accordance with the Seller’s Privacy Statement.

Article 31: Changes to the Terms of Sale

The Seller may amend the Terms of Sale. The applicable Terms of Sale are those in force on the date of the order; changes do not affect orders already placed.

Article 32: Severability

If any provision of the Terms of Sale is declared void or unenforceable, the remaining provisions remain in full force and effect.

Article 33: Language and governing law (Consumers)

The Terms of Sale are drafted in French; the English and German translations are provided for information purposes only and, in the event of any discrepancy, only the French version shall prevail. The Terms of Sale are governed by French law, without this choice depriving Consumers of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence. Consumers may, at their choice, bring proceedings before the court of the place where they resided at the time the contract was concluded or the harmful event occurred, or any other court having jurisdiction under the law.

APPENDIX: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Infinite Cræken, 6 rue du Père Éternel, 56400 Auray, France, co*****@*****en.com:

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods () / for the provision of the following service (*):

(*) Delete as appropriate.