General Terms and Conditions of Sale - Online

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale ("Terms") apply without restriction or reservation to any purchase of the following services: Access to data and statistics on poker players you play against on your favorite online poker site, as offered by the Service Provider to non-professional customers ("Customers") on the site https://www.poker-fish.com.

The main characteristics of the Services are presented on the website https://www.poker-fish.com.

The Customer is required to take note of these before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.

These Terms are accessible at any time on the site https://www.poker-fish.com and will prevail over any other document.

The Customer declares having read these Terms and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site https://www.poker-fish.com.

Unless proven otherwise, data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.

The Service Provider's contact details are as follows:

Poker Fish, SAS

Share capital of 1000 euros

Registered in the RCS of Bobigny, under number 944 843 440

11 rue marie curie, 93400, Saint Ouen

email: support@poker-fish.com

Customs duties or other local taxes or import duties or state taxes may be required. They will be borne by and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

Services are provided at current rates shown on the site https://www.poker-fish.com, when the order is registered by the Service Provider.

Prices are expressed in Euros, excluding tax and including tax.

The rates take into account any reductions that would be granted by the Service Provider on the site https://www.poker-fish.com.

These rates are firm and non-revisable during their validity period but the Service Provider reserves the right, outside the validity period, to modify prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged additionally, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Service Provider and given to the Customer when providing the ordered Services.

ARTICLE 3 – Orders

It is the Customer's responsibility to select on the site https://www.poker-fish.com the Services they wish to order, according to the following procedures:

The customer chooses the subscription they wish to subscribe to. If their subscription is paid, they will be redirected to our payment provider to allow them to pay for their purchase. Upon confirmation of payment, their subscription will be activated and will give them access to the desired information and data.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and immediately report any error.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order.

The Customer will be able to track the progress of their order on the site.

Placing an order on the site https://www.poker-fish.com implies the conclusion of a contract with a minimum duration of 1 month renewable for the same duration by tacit renewal.

Under the terms of article L 215-1 of the Consumer Code, reproduced below:

"For service provision contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by registered letter or dedicated email, at the earliest three months and at the latest one month before the end of the period allowing rejection of renewal, of the possibility of not renewing the contract they concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal."

Article L215-2 of the Consumer Code excludes the application of art L215-1 to operators of drinking water and sanitation services, conversely article L215-3 of the Consumer Code, provides that these rules are applicable to contracts concluded between professionals and non-professionals.

ARTICLE 4 - Payment Conditions

The price is paid by secure payment method, according to the following procedures:

• payment by credit card

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions carried out on the site https://www.poker-fish.com.

Payments made by the Customer will only be considered final after effective collection of the amounts due by the Service Provider.

The Service Provider will not be required to provide the Services ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 - Service Provision

The Services ordered by the Customer will be provided according to the following procedures:

The service is provided immediately after payment of the subscription, if paid.

Said Services will be provided within a maximum period of 1 to 10 minutes from the final validation of the Customer's order, under the conditions provided for in these Terms at the address indicated by the Customer when placing their order on the site https://www.poker-fish.com.

The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.

If the ordered Services have not been provided within 15 minutes after the indicative delivery date, for any cause other than force majeure or the Customer's fault, the sale of the Services may be terminated at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code.

In case of particular request from the Customer concerning the conditions of provision of Services, duly accepted in writing by the Service Provider, the related costs will be subject to additional specific billing later.

In the absence of reservations or complaints expressly issued by the Customer upon receipt of the Services, these will be deemed compliant with the order, in quantity and quality.

The Customer will have a period of 24 hours from the provision of Services to issue complaints by Email to support@poker-fish.com, with all supporting documents, to the Service Provider.

No complaint may be validly accepted in case of non-compliance with these formalities and deadlines by the Customer.

The Service Provider will reimburse or rectify as soon as possible and at its expense the Services whose non-compliance has been duly proven by the Customer.

ARTICLE 6 - Right of Withdrawal

According to the procedures of article L221-18 of the Consumer Code "For contracts providing for regular delivery of goods during a defined period, the period runs from receipt of the first good."

The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous declaration expressing the intention to withdraw and in particular by postal mail addressed to the Service Provider at the postal or email addresses indicated in ARTICLE 1 of these Terms.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the ordered Services is refunded.

The refund of amounts actually paid by the Customer will be made within 14 days from receipt by the Service Provider of notification of the Customer's withdrawal.

ARTICLE 7 - Service Provider Responsibility - Guarantees

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any defect of conformity or hidden defect, arising from a design or implementation defect of the ordered Services under the following conditions and procedures:

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good that complies with the contract and is responsible for conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from packaging, assembly instructions or installation when this has been their responsibility under the contract or has been carried out under their responsibility."

Article L217-5 of the Consumer Code

"The good conforms to the contract: 1° If it is suitable for the use normally expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that they 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 declarations made by the seller, the producer or their representative, particularly 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 that the latter has accepted."

Article L217-12 of the Consumer Code

"The action resulting from the conformity defect is prescribed two years from delivery of the good."

Article L217-16 of the Consumer Code

"When the buyer asks the seller, during the course of the commercial guarantee granted to them during the acquisition or repair of movable property, for restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or from making available for repair of the good in question, if this making available is subsequent to the request for intervention."

In order to assert their rights, the Customer must inform the Service Provider, in writing (email or mail), of the existence of defects or conformity defects.

The Service Provider will reimburse or rectify or have rectified (to the extent possible) services deemed defective as soon as possible and at the latest within 1 day following the Service Provider's observation of the defect or vice. This reimbursement may be made by transfer or bank check.

The Service Provider's guarantee is limited to reimbursement of Services actually paid by the Customer.

The Service Provider cannot be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.

The Services provided through the Service Provider's site comply with the regulations in force in France. The Service Provider's responsibility cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of requested Services, to verify.

ARTICLE 8 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of Services and their realization and delivery, entrusted to the Service Provider. This personal data is collected solely for the execution of the service provision contract.

8.1 Collection of personal data

The personal data collected on the site https://www.poker-fish.com is as follows:

Account opening

When creating the Customer / user account: email, phone number..

Payment

In the context of payment for Services offered on the site https://www.poker-fish.com, it records financial data relating to the Customer / user's bank account or credit card.

8.2 Recipients of personal data

Personal data is reserved for the exclusive use of the Service Provider and its employees. The data controller is the Service Provider, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

8.4 Processing limitation

Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will retain the data thus collected for a period of 5 years, covering the time of prescription of applicable contractual civil liability.

8.6 Security and confidentiality

The Service Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of transmission or storage of information on the Internet.

8.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the site https://www.poker-fish.com have the following rights:

They can update or delete data concerning them in the following way: Email to support@poker-fish.com.

They can delete their account by writing to the email address indicated in article 9.3 "Data controller"

They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"

If the personal data held by the Service Provider is inaccurate, they can request the update of information by writing to the address indicated in article 9.3 "Data controller"

They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 "Data controller"

They can also request the portability of data held by the Service Provider to another provider

Finally, they can object to the processing of their data by the Service Provider

The data controller must provide a response within a maximum period of one month.

In case of refusal to grant the Customer's request, this must be motivated.

The Customer is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer to a judicial authority.

The Customer may be invited to check a box under which they agree to receive informational and advertising emails from the Service Provider. They will always have the possibility to withdraw their consent at any time by contacting the Service Provider (coordinates above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual Property

The content of the site https://www.poker-fish.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

ARTICLE 10 - Applicable Law - Language

These Terms and the operations resulting from them are governed and subject to French law.

These Terms are written in French. In the case where they would be translated into one or more foreign languages, only the French text would be authoritative in case of dispute.

ARTICLE 11 - Disputes

For any complaint please contact customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these Terms.

The Customer is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

In this case, the designated mediator is

Association of mediators of Western Brittany (AMBO)

https://www.mediation-consommation.ambo.bzh/

E-mail: _______________.

The Customer is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which purchase and sale operations concluded in application of these Terms and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under common law conditions.

ANNEX I

Withdrawal Form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.poker-fish.com except exclusions or limits to the exercise of the right of withdrawal following the applicable General Terms and Conditions of Sale.

To the attention of SAS, Poker Fish

I hereby notify the withdrawal of the contract relating to the order for the service below:

Order of (indicate the date)

Order number: ...........................................................

Customer name: ...........................................................................

Customer address: .......................................................................

Customer signature (only in case of notification of this form on paper)

11 rue marie curie, 93400, Saint Ouen