Terms of use

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") form the sole basis of the commercial relationship between the Parties.

Their purpose is to define the conditions under which the company GOTOMBOLA, a simplified joint stock company with a share capital of €1,000, registered in the Beauvais Trade and Companies Register under number 905398129, having its registered office at 147, rue d'en Haut, Ansacq, 60250, France, (hereinafter "GoTombola") provides the customer (hereinafter the "Customer") with the services described in article 3 below (hereinafter the "Services").

GoTombola and the Customer are hereinafter referred to together as the "Parties" and individually as a "Party".

1. LEGAL INFORMATION

https://gotombola.co (hereinafter the "Website") is published by :

GOTOMBOLA, a simplified joint stock company with share capital of €1,000, registered with the Beauvais Trade and Companies Register under number 905398129, with registered offices at 147, rue d'en Haut, Ansacq, 60250, France.

Website host: Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L- 1855 Luxembourg, registered with the Registre du Commerce et des Sociétés de Sarreguemines under number 831 001 334, 631 207 479, https://aws.amazon.com/fr/

2. SCOPE OF APPLICATION

The purpose of the General Conditions is to inform the Customer of the terms and conditions for ordering online and for the delivery of the Services ordered.

The General Conditions apply, without restriction or reservation, to all Services offered to Customers by GoTombola on the Website, regardless of any clauses that may appear in any other document.

Any order for Services implies, on the part of the Customer, full adherence and acceptance without reservation or restriction of these General Conditions.

The General Terms and Conditions are made available to Customers on the Internet Site, where they can be consulted directly, and can also be sent to Customers on request by any means.

The Customer declares and acknowledges that he/she has received all the necessary and useful information to enable him/her to make a commitment in full knowledge of the facts. The information contained in GoTombola's documentation is given for information only and may be revised at any time. GoTombola reserves the right to make any modifications it deems necessary - it being understood that the General Terms and Conditions are those in force on the date of the order.

The Customer declares that he/she has read and accepted these Terms and Conditions by checking the appropriate box before proceeding with the online ordering procedure. Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions.

3. DESCRIPTION OF SERVICES

GoTombola offers for sale:

GoTombola markets fundraising and game organization tools with free or paid draws that it has designed and developed in SaaS mode. GoTombola does not organize these operations, only its customers do so on their behalf, and use these tools.

The essential characteristics of each Service are described on the Website and updated by GoTombola. The data sheet for a Service may include descriptions, photographs and graphics which are provided for information purposes only and may be modified/updated on the Website by GoTombola.

Use of the Website requires a device with internet access. This device and connection are not provided by GoTombola, and all costs incurred by the Customer to access the Website are the sole responsibility of the Customer.

The Website is accessible anywhere and at any time, with the exception of Website maintenance operations carried out by GoTombola, and this access is only subject to an Internet connection. The Customer is personally responsible for setting up the computer and telecommunication resources required to access the Website.

It is expressly accepted by the Parties that in the event that the Website is inaccessible due to (i) maintenance operations carried out by GoTombola or (ii) difficulties related to the Website host, GoTombola cannot be held responsible.

Access to the Website is free of charge.

The Services offered comply with French legislation at the time the order is placed.

The Services presented on the Website are offered for sale in the following territories:

France and all European countries, North and South America, North Africa.

4. THE CUSTOMER ACCOUNT

4.1 Creating a Customer Account

The Customer may create a customer account (hereinafter referred to as the "Customer Account") before or at the same time as purchasing Services online on the Website. The Customer Account is a personal space made available to the Customer and protected by secure access.

The creation of a Customer Account is free of charge and in no way commits the Customer to the purchase of a Service.

The Customer Account is created by the Customer by entering the information requested, in particular his/her e-mail address and a password.

The identifier and password chosen by the Customer at the time of account creation are unique, confidential and personal to the Customer. The Customer undertakes to keep his/her login and password secret and not to divulge them in any form whatsoever. The storage, use and transmission of the login and password are the sole responsibility of the Customer. Please note that this information is Personal Data as defined in the Privacy Policy. In the event of suspicion of improper use of the Customer Account, the Customer undertakes to notify GoTombola immediately, in order to change the password.

In any event, any order placed from a Customer Account will be deemed to have been placed by the Customer in whose name the Customer Account is referenced.

The Customer undertakes to provide complete, accurate and up-to-date information. The Customer also undertakes not to impersonate any third party, nor to conceal or change his/her age.

4.2 Customer Account functionalities

The Customer Account enables the Customer :

Access information about past and/or current orders;

Access and modify personal information;

Contact GoTombola;

Manage their collection operations.

The Customer may at any time download and print the data associated with his/her Customer Account.

The Customer Account can be accessed from any computer connected to the Internet, from the Website.

5. HOW TO ORDER SERVICES

In order to order one or more Services, the Customer must add the said Services available on the Website to his virtual basket (hereinafter the "Basket"). If they have not already done so, Customers may create a Customer Account under the conditions defined in article 4 above.

In any event, the Customer must check the Service(s) in his Shopping Cart. In the event of an error in the Service(s), the Customer may modify the Shopping Cart and return to the previous pages of the Website to modify the order.

In the event of prolonged inactivity by the Customer on the Website, the availability of the Services selected and placed in the Shopping Cart is not guaranteed. In this case, the Customer must repeat the selection process, subject to the availability of the Services.

The Customer must then choose one of the payment methods offered by the Website.

Finally, the Customer must follow the instructions communicated by the payment server to proceed with payment and validation of payment for his/her order.

The Customer's order becomes firm and irrevocable by clicking on the "Pay Now" button or any other similar button. From that moment on, the Customer will no longer be able to modify his/her order and/or the information provided.

6. ORDER CONFIRMATION AND TRACKING

The sale of the Service(s) becomes final once GoTombola has received full payment for the order and has sent confirmation of the order to the Customer by e-mail to the address provided by the Customer.

All information provided by the Customer at the time of placing the order and confirmation by GoTombola of the registration of said order will be deemed proof of the transaction.

GoTombola undertakes to systematically confirm each Customer's order by sending an e-mail.

The Customer undertakes to check the accuracy of the order and to notify GoTombola immediately of any errors or omissions.

The Customer is responsible for any error on his/her part in providing an incorrect and/or incomplete e-mail address.

7. FINANCIAL TERMS

7.1 Prices

The prices indicated are firm and non-revisable during their period of validity, the Parties expressly waiving their right to invoke the provisions of article 1195 of the French Civil Code.

All costs of transport, delivery, order processing (postage, packaging, preparation of the parcel, optional services subscribed to by the Customer) and other costs, interest and commissions are indicated in the order summary and are established according to the place and method of delivery selected by the Customer and are the sole responsibility of the Customer. Any additional costs relating to a specific request made by the Customer after the order has been placed will be the exclusive responsibility of the Customer and will be invoiced separately.

GoTombola reserves the right to modify the prices of the Services presented on the Website at any time.

In any case, the Services will be invoiced to the Customer on the basis of the price displayed at the time the order is validated.

In accordance with the provisions of the French General Tax Code, GoTombola applies the current VAT rate to all orders placed on the Website, regardless of their destination.

7.2 Terms of payment

Orders are payable immediately by credit card, online only.

Payment for the order must be made in cash, and the Customer will not have the option of paying in instalments.

The Customer guarantees that he/she is the holder of the credit card used to pay for the order, and that the first and last names appearing on the credit card are his/her own.

In the event of payment by credit card, the Customer will be asked to enter the number of the credit card, its expiry date and the visual cryptogram of the credit card used.

In the event that, for any reason whatsoever, it is impossible for GoTombola to debit the sums owed by the Customer for his/her order, the order will be immediately cancelled and GoTombola will not be held responsible.

Any delay in payment of all or part of an amount due to GoTombola, on its due date under these Terms and Conditions, will automatically, without prejudice to the provisions of the article "termination for default" and from the day following the date of payment shown on the invoice, the invoicing to the Customer of late payment interest, due by the sole fact of the due date of the contractual term, at a rate equal to three (3) times the legal interest rate, based on the amount of the debt not paid by the due date, and a flat-rate indemnity of forty (40) euros for collection costs.

8. AVAILABILITY OF SERVICES

The Services are made available to the Customer directly in his Customer Account, as soon as full payment has been received. They can be used by the Customer as soon as they are made available.

GoTombola undertakes to do its utmost to make the Services available as soon as possible. However, GoTombola cannot be held responsible for any delay in the provision of said Services to the Customer's Account.

9. UNAVAILABILITY OF SERVICES

9.1 Before placing an order

In the event of partial or total unavailability of one or more Service(s) on the Website, the words "Unavailable" or any similar words will be indicated in the description of the Service and the Customer will not be able to add it to his Shopping Cart.

9.2 After ordering

In the event of partial or total unavailability of one or more Service(s) after validation of the order by the Customer, the Customer will be informed by e-mail to the e-mail address provided at the time of ordering, either (i) of the partial delivery of the order, or (ii) of the cancellation of the order.

The Customer will be reimbursed for the price of the unavailable Service ordered within twenty (20) working days of his/her request.

10. SPECIAL OFFERS

GoTombola reserves the right to offer Services for sale subject to promotional offers. Both the original and promotional prices will be displayed with the percentage (%) discount applied to the original price.

These Services are sold under the same conditions of payment, delivery times and refunds as Services not subject to promotional offers.

It is possible to order several Services benefiting from a promotional offer in the same order, and it is also possible to combine the purchase of one or more Services benefiting from a promotional offer and one or more Services not benefiting from a promotional offer.

11. RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to professional customers, except for contracts for the provision of services or the sale of goods concluded off-premises, whose purpose does not fall within the main scope of activity of the customer company, and when the professional customer employs no more than 5 employees.

In accordance with the provisions of article L.121-21 of the French Consumer Code, the Customer has a period of fourteen (14) days in which to exercise his right of withdrawal from a contract concluded at a distance, at no cost and without having to justify any particular reasons.

This period begins on the day the order is delivered to the Customer.

The Customer may exercise his/her right of withdrawal before the expiry of the aforementioned withdrawal period, without having to justify his/her decision or incur any costs, by contacting GoTombola via the "Contact" tab on the Website.

The Customer must, in his/her request, indicate the order number and the reference of the Services for which he/she wishes to exercise his/her right of withdrawal, the reference to the present article, his/her identity and contact details (surname, first name, telephone number, postal and/or e-mail address).

Once the Services have been returned, GoTombola will proceed with the reimbursement of said Services within fourteen (14) working days of receipt of the Services, using the same means of payment as that used by the Customer at the time of ordering, unless the Customer agrees otherwise.

12. LEGAL WARRANTIES

12.1 Principle

The implementation of legal guarantees by the Customer who is not a GoTombola professional does not incur any costs for the Customer.

The Customer who wishes to be reimbursed under the conditions defined below, will be reimbursed by GoTombola within fourteen (14) working days of the return of the non-conforming Product.

12.2 Warranty against hidden defects

In accordance with the provisions of articles 1641 et seq. of the French Civil Code, the warranty for hidden defects applies only to hidden defects in the Service purchased by the Customer, which would prevent normal use or affect it to such an extent that the Customer would not have purchased it.

The Customer may not claim the benefit of the warranty for latent defects for apparent defects that he may have noticed at the time of purchase of the Service.

The Customer has a period of two (2) years from the discovery of the hidden defect to bring an action against GoTombola.

It is the Customer's responsibility to prove by any means the existence of the hidden defect and to present all necessary evidence in support of his/her claim.

The Customer who wishes to invoke the warranty for latent defects may alternatively :

keep the Service and ask GoTombola for a partial refund of the price;

return the Service to GoTombola and request a full refund of the price as well as the costs incurred by the sale.

12.3 Legal warranty of conformity

The conditions of the legal guarantee of conformity are set out in the appendix hereto.

13 INTELLECTUAL PROPERTY RIGHTS

The Services are protected by intellectual property rights.

The provision of the Website does not imply any transfer of the intellectual property rights of the Website and any of its elements, nor of the associated documentation, which remain the exclusive property of GoTombola.

The entire Internet Site, including its tree structure, graphics, structure, object or source codes, as well as its content (notably texts, videos, graphics, images, photographs, logos, button icons, software, audio and other files, databases) is the property of GoTombola, or of their respective owners, and is protected by intellectual property, notably by copyright and trademark law.

The Website may not be used for commercial purposes without the express prior written consent of GoTombola. Unauthorized framing or linking to any of the services is prohibited. Commercial advertisements and other forms of solicitation may be removed from Customer content without notice and may result in termination of the Customer Account.

GoTombola reserves all rights to the Website which are not expressly granted to the Customer under these Terms and Conditions. Accordingly, the Customer may not use the Website for any purpose other than that set out in these Terms and Conditions, without the express prior consent of GoTombola.

Any distribution, reproduction, representation or publication is not authorized except for strictly personal use and on the condition that the Customer recognizes, by all possible means of identification and whatever the medium of distribution, reproduction, representation and/or publication, the property rights of GoTombola and/or its partners.

Subject to compliance with these terms and conditions, GoTombola authorizes the Customer to access and use the Website exclusively for personal use.

The license thus granted to the Customer is strictly personal, non-exclusive, limited and revocable in the event of non-compliance with these terms and conditions. In particular, GoTombola draws the Customer's attention to the fact that no transfer of intellectual property rights may be included in the Customer's use of the Website.

This is a limited, non-exclusive, non-transferable and non-sublicensable license to download and install a copy of the Website on a mobile device or computer in the Customer's possession or control.

With the exceptions specified below, it is strictly forbidden to perform or assist a third party to perform any or all of the following actions: (i) copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Website, including its Services and its content in any way, or create derivative works therefrom; (ii) use all or part of the Website, the Services or their content to create a tool or software that can be used to create software applications of any kind whatsoever; (iii) make available to the public in any way whatsoever (transfer, rental, loan, broadcast, reproduction, etc.), whether free of charge or for a fee, all or part of the Website, the Services or their content. (v) circumvent the security measures of the Web Site, the Services, and access any unauthorized portion or functionality of the Web Site, the Services; (vi) use the Web Site, the Services in a manner that violates this License Agreement.

Any breach of the foregoing may render the Customer liable, without prejudice to GoTombola's right to unilaterally terminate the Customer's Account.

14 OWNERSHIP AND RISKS

14.1 Reservation of ownership

Notwithstanding the provisions of article 1583 of the French Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the Services delivered is suspended until full and effective payment of the price in principal, interest, taxes and all incidental expenses.

In the event of non-payment of the price on the agreed due date, GoTombola expressly reserves the right to consider the sale cancelled and to reclaim the said Services after formal notice has been given by registered letter or bailiff's summons without effect within thirty (30) days of their presentation.

As long as the Services do not belong to the Customer, he is forbidden to dispose of them, in particular to pledge them, exchange them or transfer ownership of them by way of guarantee.

The Customer therefore undertakes to inform its customers, professional resellers, of the existence of the retention of title clause on the Services and of the right that GoTombola reserves to claim either the disputed Services or the price from them.

Notwithstanding the fact that ownership of the Services shall not pass to the Customer until actual payment has been made, the transfer of risks in respect of the Services to the Customer shall take place in accordance with the conditions set out below. The Customer therefore undertakes to take all necessary care in the custody and preservation of the said goods.

The Customer shall immediately notify GoTombola by any means ensuring perfect communication of any fact likely to compromise its right of ownership, in particular the opening of safeguard, liquidation or receivership proceedings, seizure or any other protective measure.

All costs incurred by GoTombola relating to the recovery of the Services subject to retention of title or their price will be the exclusive responsibility of the Customer.

14.2 Risk

The Services will be at the Customer's expense, risk and peril from the moment they are handed over to the carrier or picked up by the Customer.

15 FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform and justify this to the latter.

GoTombola shall not be liable to the Customer for any lack of performance, unavailability or failure of the services, or for any failure or delay on its part to comply with these conditions, in the event that such lack of performance, unavailability or failure is due to a cause beyond its reasonable control.

GoTombola declines all responsibility in the event of unavailability of Services due to force majeure, total or partial disruption, strikes, in particular of postal services, means of transport and/or communication.

16 GOTOMBOLA'S LIABILITY

Provisions applicable to non-consumer customers

GoTombola may only be held liable by the Customer for acts directly attributable to GoTombola and which cause damage directly related to those acts.

Provisions applicable to customers with consumer status

It is the Customer's responsibility to prove any non-conformity, as stipulated in article 12.3 above.

General provisions

GoTombola cannot be held responsible in the event of non-compliance with legislation outside the territory indicated herein where the Services are used.

GoTombola reserves the right to modify the information contained on the Website at any time and without prior notice.

GoTombola undertakes to describe as fully and accurately as possible the Services sold on the Website and to update this information as accurately as possible. However, GoTombola cannot guarantee the accuracy and completeness of this information.

Consequently, GoTombola declines all responsibility for :

any damage resulting from fraudulent intrusion by a third party leading to modification of the information provided ;

any imprecision, inaccuracy or omission concerning the information on the Website;

any direct or indirect damage, whatever the cause, origin, nature or consequence, caused as a result of access by any person to the Website or the impossibility of accessing it, use of the Website and/or credit given to any information originating directly or indirectly from the latter.

GoTombola guarantees to the Customer that the Services offered for sale on the Website do not, to the best of its knowledge, infringe any third-party intellectual property rights. In all cases, it is the Customer's responsibility to notify GoTombola, as soon as possible, of any action and/or formal notice received as a result of using the Services.

Subject to the application of public policy provisions preventing any limitation of the Company's liability, if the Company's liability were to be incurred, it would be limited under the conditions defined below:

GoTombola can only be held liable in the event of proven fault or negligence and is limited to direct damage, to the exclusion of any indirect damage of any nature whatsoever.

Under no circumstances will GoTombola be liable to compensate for any consequential or non-consequential damages, such as financial losses, including overheads, loss of profits, business, contracts, revenues, customers and production, as well as any damages related to the damage to the Customer's image.

GoTombola cannot be held liable for damages resulting from errors in documents or information provided by the Customer.

Any damages that GoTombola may be required to pay to the Customer are subject to the recognition of GoTombola's liability as a result of a court decision that has become final. In any event, damages that may be owed by GoTombola are limited to the price of the Service(s).

This clause limiting liability is expressly accepted by both Parties.

17 CUSTOMER COMMITMENTS

The Customer wishing to take full advantage of the Internet Site and purchase Services must

have full capacity and act for strictly professional purposes.

The Customer undertakes to use the Services in accordance with the regulations in force and not to make any inappropriate or immoral use of them.

The Customer undertakes to pay the price in accordance with the conditions set out in these General Terms and Conditions.

The Customer undertakes to return the Services in new, unused, undamaged and carefully reconditioned condition.

The Customer also undertakes to find a solution enabling him to perform his obligations despite the case of force majeure as defined in article 15 above.

The Customer declares that it is the legal owner or holder of the intellectual property rights concerning all content supplied and/or published on the Website.

The Customer undertakes to ensure that the content published by him/her on the Website is lawful, does not offend public decency, public order or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of GoTombola; GoTombola will always have the possibility of taking action against the Customer and obtaining full compensation for any loss that GoTombola may have suffered.

18 DURATION OF CONTRACT

The present contract takes effect from the date of its acceptance by the Customer and is concluded until delivery of the Services ordered to the Customer, with the exception of those provisions which are intended to last beyond the contractual relationship between the Parties.

19 TERMINATION OF CONTRACT

19.1 Complaints

The Customer may send complaints by registered letter with acknowledgement of receipt to the following address: 147, rue d'en Haut, Ansacq, 60250, France; or by electronic mail to the contact email address shown on the Website.

19.2 Termination by the Customer

The Customer may terminate his Customer Account or subscription(s) (where applicable) at any time, by accessing his Customer Account settings on the Website, giving at least forty-eight (48) hours' notice before the end of the current period. Termination will be effective at the end of the current period.

19.3 Termination by GoTombola

GoTombola reserves the right to penalize any malicious behavior contrary to the commitments made by the Customer hereunder by cancelling the order and deleting the Customer's Account.

GoTombola reserves the right to suspend or terminate a Customer's Account in the event of fraud, breach of any obligation hereunder, including but not limited to failure to collect the selected subscription amount by the agreed due date, unauthorized copying or downloading of audio or video content or any violation of the limited use license granted as part of the Customer's access to the Services, or unauthorized sharing of the Customer's Account. In such a case, GoTombola shall give reasons for its decision and offer the Customer the opportunity to comment before deciding to suspend or terminate the Customer Account. GoTombola will not issue any refunds and the sums paid by the Customer will be retained in full by GoTombola.

20 PERSONAL DATA

For all information relating to the processing of the Customer's personal data by GoTombola, the Customer is invited to consult the Privacy Policy accessible on the Website.

21 DISPUTES AND APPLICABLE LAW

21.1 Provisions applicable to customers who are consumers

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, GoTombola adheres to the Service du Médiateur du e-commerce (E-commerce Mediation Service) competent to its sector of activity, it being specified that the list of referenced consumer mediators appears at the following link:Les médiateurs de la consommation | economie.gouv.fr

Online Dispute Resolution Platform: in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

21.2 Provisions applicable to Customers who are not consumers

The Parties agree to attempt to resolve any dispute amicably before resorting to legal action.

All disputes arising out of or in connection with the validity, interpretation, performance, resolution, consequences and consequences of these General Terms and Conditions shall be subject to the jurisdiction of the Court of Appeal of the Company's registered office.

21.3 General provisions

By express agreement between the Parties, these General Terms and Conditions and the resulting purchase of Services are governed by French law. They are written in the French language.

The Parties acknowledge that they are the authors of all written exchanges between the Parties and that these writings may be used as evidence by the other Party.

In the event of translation into one or more languages, only the French text will be deemed authentic in the event of litigation, and any translation will refer to the original French version.

22 CUSTOMER ACCEPTANCE

The present General Terms and Conditions are expressly approved and accepted without reserve or restriction by the Customer, who declares and acknowledges having perfect knowledge of them, and thereby waives the right to take advantage of any contradictory document and, in particular, his/her own general terms and conditions of purchase, which will be unenforceable against GoTombola, even if he/she has had knowledge of them.

23 MISCELLANEOUS PROVISIONS

23.1 The partial or sole exercise of a right, failure to exercise or delay in exercising a right or remedy or power by either Party shall not constitute a waiver by that Party of the further exercise of that right, power or remedy under these Terms and Conditions or otherwise by that Party.

23.2 In the event that any provision(s) of these General Terms and Conditions is (are) held to be invalid, unlawful or unenforceable by any court or competent authority, such provision(s) shall be deemed not to form part of these General Terms and Conditions.

23.3 This shall not affect the enforceability of the other clauses of the General Terms and Conditions or the validity, legality and enforceability of the said clause in any other jurisdiction. The invalid provision will be replaced by a valid provision, as close as possible to the economic purpose pursued by the Parties.

23.4 Any reference in these General Terms and Conditions to a provision of a law or an article shall be construed as referring to such provision as amended, codified, re-enacted or extended at the time of such reference and in French law.

23.5 The Parties undertake always to act as loyal partners in good faith and to inform each other of any difficulties they may encounter in the performance of these General Terms and Conditions. Loyalty and good faith are essential to the conclusion of these General Terms and Conditions.

23.6 The Parties undertake, for the entire duration of the General Terms and Conditions and for a period of two (2) years from their expiry, to maintain the strict confidentiality of all information, data and documents of any kind received or obtained from a Party within the framework of the contractual relationship.

APPENDIX

PROVISIONS RELATING TO LEGAL WARRANTIES APPLICABLE TO CONSUMER CUSTOMERS

1 For Services comprising digital elements

In accordance with the legal provisions in force relating to the conformity of the Services to the General Terms and Conditions, GoTombola is liable for any defects of conformitý appearing on the Services acquired by the Customer under the following conditions.

The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformitý in the event of the appearance of a defect of conformitý. During this period, the consumer is only required to establish the existence of the defect of conformitý and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date of its appearance.

The legal warranty of conformitý entails the obligation for the professional, where applicable, to provide all updates necessary to maintain the conformitý of the good.

The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him. If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract by obtaining a full refund against return of the goods, if:

(a) The trader refuses to repair or replace the goods;

(b) The goods are repaired or replaced after a period of thirty days;

(c) The repair or replacement of the good causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired́ or replacement good ;

(d) The non-conformitý of the good persists despite the seller's attempt to bring it into conformitý having remained unsuccessful.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformitý is so serious that it justifies immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the good beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who obstructs in bad faith the implementation of the legal warranty of conformitý is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

The Services must be returned to GoTombola in the condition in which they were received with all elements (accessories, instructions...) in packaging that allows for transport in good conditions.

In this case, shipping costs will be reimbursed to the Customer on the basis of the invoiced rate and return shipping costs will be covered by GoTombola.

Reimbursement will be made by re-crediting the payment method used for the order.

Cash on delivery will not be accepted for any reason whatsoever. These guarantees are without prejudice to the applicable right of withdrawal.

2 For digital content and services

The following provisions apply solely to digital content and services not covered by specific conditions.

(a) Where the contract provides for a one-off supply of the digital content or digital service, or a series of separate supply operations:

The consumer has a period of two years from the date of supply of the digital content or digital service in which to invoke the legal warranty of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.

The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his or her request, at no cost and with no major inconvenience to him or her.

The consumer may obtain a price reduction by retaining the digital content or service, or he may terminate the contract by obtaining a full refund in return for relinquishing the digital content or service, if :

(a) The professional refuses to bring the digital content or service into compliance;

(b) The compliance of the digital content or service is unjustifiably delayed;

(d) Bringing the digital content or service into conformity causes major inconvenience to the consumer;

(e) the non-conformity of the digital content or service persists despite the trader's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

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

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service has been supplied in conformity again. The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

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

Consumers also benefit from the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

(b) Where the contract provides for the digital content or digital service to be supplied on an ongoing basis:

Consumers are entitled to invoke the legal warranty of conformity if a lack of conformity appears within 12 months of the digital content or service being supplied.

During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service for a period of 12 months.

The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract by obtaining a full refund against relinquishment of the digital content or digital service, if:

(a) The professional refuses to bring the digital content or service into compliance;

(b) The compliance of the digital content or service is unjustifiably delayed;

(d) Bringing the digital content or service into conformity causes major inconvenience to the consumer;

(e) the non-conformity of the digital content or service persists despite the trader's unsuccessful attempt to bring it into conformity.

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

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until such time as the digital content or service is once again brought into conformity.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renunciation of the digital content or service.

LEGAL WARRANTY PROVISIONS APPLICABLE TO CONSUMER CUSTOMERS

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of GoTombola, 147, rue d'en Haut, Ansacq, 60250, France,

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of the services (*) below

Ordered on (*) / received on (*)

Name of Consumer(s)

Address of Consumer(s)

Signature of the Consumer(s) (only in the case of notification of this form on paper)

Date :

(*) Delete as appropriate.