Terms of Sale

General Terms of Sale

The following general terms of sale are intended to apply between you and Family & Co, a company with its registered office located at 16 rue Théodore de Banville, 75017, Paris, France, registered with the Paris Trade and Companies Registry under number 533 545 307 ("Family & Co" or "the Publisher") and constitute a contractual agreement governing your purchase of the premium subscription from the website, mobile applications, and other FamilyWall services (the "Service").

1- SUBSCRIPTION OF A MEMBERSHIP

  • The Application is downloadable for free and a selection of Features can be used free of charge while the use of all the Features is subject to subscribing to a so-called "Premium" membership, with payment of the price on a monthly or annual basis, automatically renewable by monthly or annual period depending on the subscription period chosen. The characteristics and terms of use of each Feature available for free or for a fee, as well as the price of the monthly or annual subscription are detailed in the General Terms of Use, on the Site and a link to consult them appears from the first use of the Application while remaining systematically accessible via it.

  • To subscribe to a membership, the User must have legal capacity in his country of residence and be at least eighteen years old.

  • Subscription to a membership by the User with the Publisher is carried out by selecting the desired type of subscription offered through the Application. Once the selection is made, the User checks the details of the selected subscription and the total price indicated.

  • After accepting the General Terms by clicking in the indicated place, the User validates his subscription to the membership.
    a. Any validation by the User constitutes irrevocable acceptance of the price, terms and conditions of the membership as well as of these General Terms by the User.
    b. The User proceeds to pay the first installment corresponding to the subscribed membership.

  • The subscription to a membership offered by the Publisher is considered definitive after the entire first installment of the corresponding price is collected by Family & Co or any third party it substitutes, the latter however reserves the right to block the User's subscription in the event that the debit was not possible.

  • For any questions relating to the follow-up of his subscription, the User must contact Family & Co directly, either by sending a letter to the address at 16 rue Théodore de Banville, 75017, Paris, France, or by sending an email to the following address: [email protected]

2- PRICE

  • The price of any subscription offer proposed for sale by the Publisher through the Application or the Website is freely set by the latter, in compliance with applicable laws and regulations and is not negotiable by the User.

  • Unit prices are indicated in euros, or in the local currency of the user's country; they do not take into account any accessory fees, charged additionally subject to being accepted by the User, prior to his subscription.

  • Prices are set inclusive of all taxes as in effect on the day of confirmation by the Publisher of the subscription: any creation or modification of tax, whatever its nature or amount, will be applied as soon as it comes into force.

  • The Publisher reserves the right to change the price of subscriptions at any time. Any price change subsequent to the subscription of a membership will take effect from the payment deadline following the date of the price change. The User may refuse to consent to the price change by unsubscribing before the entry into force of said change. Otherwise, the continued use of the Application after the price change comes into effect constitutes express consent to the change.

  • Please note that the price does not include the use of mobile data resulting from the use of the Services. Consult your provider for any billing-related questions, as fees and limits regarding data rate may apply and will be your responsibility.

3- PAYMENT

  • Any subscription implies a first payment at the time of the User's validation of the subscription as well as successive payments on the periodic due dates provided by the type of subscription.

  • All payments and collections are made by electronic payment, among one of the electronic payment methods offered, on behalf of the Publisher, by its third-party partners, Google and Apple. The User must previously enter his bank details in the designated place of the Application or the interface of the third-party partners and confirm this entry. All Users are invited to consult the General Terms of Use of Google and Apple, prior to any transaction.

  • The Publisher or any third party it substitutes reserves the right to suspend or refuse any processing of a subscription request in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. The Publisher or any third party it substitutes reserves the right to refuse any subscription request from a User who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

  • In case of fraudulent use of the bank details, the User is invited, as soon as this use is noticed, to report it to [email protected].

4- RIGHT OF WITHDRAWAL

  • The use of a Feature from the validation of the subscription of a membership by the User entails express waiver of the User's right of withdrawal.

  • Until the expiration of the period specified during the purchase on mobile and the site at the time of validation of the subscription by the User and subject to the application of the terms of the preceding paragraph, the User may withdraw from the subscribed membership.

  • In case of withdrawal by the User within the aforementioned period, the User will not be charged for the next period of the subscribed membership.

5- FREE TRIAL PERIOD

  • After the initial registration for a paid subscription, you may benefit from an initial free trial period ("Free Trial Period"). Some features may not be available during the Free Trial Period, at the sole discretion of Family & Co. You may cancel your account at any time during the Free Trial Period to avoid any additional charges. You are limited to one trial per account. If you do not cancel your account during the Free Trial Period, then at the end of the Free Trial Period, you will automatically be charged for the price of the type of subscription you selected upon registration and will continue to be charged unless and until you cancel your subscription. You can cancel a subscription at any time by going to the Premium section in the settings of the FamilyWall app or on the Web and choosing "Unsubscribe".

  • Note that if you purchased a subscription through the Apple App Store or Google Play Store, you must also, where applicable, ensure you cancel your recurring payments within these app stores.

6- PROOF OF TRANSACTIONS

  • Any validation of the subscription of a membership by the User constitutes proof of the agreement of the latter regarding the exigibility of the sums due under the membership as well as all operations carried out by him.

  • Family & Co does not offer customer support for the Service or any function or service available through the Service, unless Family & Co has published information on the Service indicating that we offer customer support for a particular section of the Service.

  • The computerized records, kept in the computer systems of the Publisher under reasonable security conditions, will be considered as proofs of communications, orders, and payments between the parties. The archiving of subscription forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

7- TERMINATION

  • The subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period.

  • Any User may terminate his subscription at any time and without reason via the "Premium" section of his User Account. If you have subscribed through the Apple App Store or Google Play Store, you must also ensure that you cancel your recurring payments in these App Stores.

  • In case of non-compliance by a User with the General Terms or in case of payment incident or non-payment of a periodic installment, the Publisher reserves the right to terminate a User's subscription without prior notice or warning.

  • This termination shall be without prejudice to all damages and interests that could be claimed from the User or his heirs in court by Family & Co SAS as compensation for the damages suffered.

  • The User will be informed by email of the termination or confirmation of the termination of his account.

8- SEVERABILITY

  • In the event of the disappearance of one of the clauses of these General Terms, in particular following the application of a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations of these Terms shall retain all their force and scope.

  • If a condition of sale were to be lacking, it would be considered governed by the practices in force in the distance selling sector whose companies are headquartered in France.

9- WAIVER

  • The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in the General Terms shall not be interpreted for the future as a waiver of the obligation in question.

10- DISPUTES

  • The General Terms are subject to the application of French law, excluding the provisions of the Vienna Convention, and no guarantee is given as to their compliance with any other law than French law.

Effective Date: November 13, 2020