General Terms and Conditions of Sale
General Terms and Conditions of Sale
("We") (SAS, 51 Rue Chevalier Paul, 83000 Toulon) is an established French company, operating the site MonaFluence.com ("Site") which offers a training service. This service aims to allow any individual acting in a private capacity to improve their visibility and engagement on various social networks.
The current Conditions are intended to define how you, as a client, can benefit from the Service.
The Conditions may be subject to periodic modifications and additions depending on developments. In such a case, we will notify you by email one month before their update. By continuing to access and use our service after receiving this notification, and in the absence of termination of your subscription before the end of the month, you accept the latest version of these Conditions.
This version of Our Conditions is dated 11/12/2023.
1. Registration
1.1
Access to and use of Our Service requires the opening of an account through Our Site ("Account").
1.2
When you register, the following information will be requested in particular:
As a Client, you guarantee us the accuracy, sincerity, and reliability of the information communicated to us, as well as the fact that you are of legal age and entitled to subscribe to Our Service in your country of residence.
We draw your attention to the fact that we reserve the right to resort to any legal remedy against you, including criminal, in case of identity theft.
1.3
Your subscription contract is only validly concluded from the moment the payment made in application of article 2 below has been confirmed ("Contract"). You can download your Contract at any time by sending us a request for this purpose by email.
1.4
The opening of the Account confers the right to access and use our platform only on the Client who opened the said account. As a Client, it is therefore your responsibility to keep the access codes to the Service (login and password) confidential and to inform us of any abuse in this matter. Any transmission of access to third parties without Our prior agreement is prohibited.
1.5
Access to Our Service is reserved for individuals using it for personal purposes. Any use for professional purposes is prohibited and will result in the immediate termination of your subscription and, therefore, the possibility of accessing and using Our Service, without prior warning and without any possible refund.
2. PAYMENT
2.1
The price of the Service is as follows:
2.2
The above prices are inclusive of all taxes.
2.3
Payment is made through Our Site in euros by credit card (Visa, MasterCard, American Express). The Site is equipped with an online payment security system allowing the Client to encrypt the transmission of their banking data. We use an external provider, Hipay, for our payment process and do not store any data relating to your bank details and credit cards. For more information on this subject, we invite you to consult our privacy policy.
3. RIGHT OF WITHDRAWAL
3.1
You are entitled to withdraw from the Contract within 14 (fourteen) days following the sending of the Confirmation.
3.2
This withdrawal request can be made by sending us such a request by email. A withdrawal confirmation will be sent to you by email to the address you provided during your registration.
3.3
Once your right of withdrawal has been exercised, you will be refunded the amount you paid us within 5 (five) to 10 (ten) days following the receipt of your withdrawal request by an equivalent amount credited to the card you used to pay for the Service. However, this right to a refund is conditioned on the fact that you have not used Our Service; in the event that you have used Our Service, you understand that no refund will be made for the current month, in which case your right of withdrawal will be treated as a cancellation request and will take effect at the end of the month concerned.
3.4
The right of withdrawal anchored in this article 3 does not apply if you are domiciled in Switzerland, in which case any request in this regard will be treated as a cancellation request that does not give rise to a refund.
4. OPERATION OF THE SERVICE
4.1
Once your contract is concluded, you just have to wait 24 hours to receive the followers on your account.
4.2
You benefit from all the "VIP Club" discounts on all the products we offer once the subscription is taken out.
4.3
You are prohibited from:
5. VENDOR'S SERVICES AND OBLIGATIONS
5.1
The Vendor implements all technical and commercial means at its disposal to ensure the delivery of Instagram and TikTok followers to clients who have purchased this service. The Vendor commits to providing a quality service and to making all reasonable efforts to achieve the set objective.
5.2
However, the Vendor does not guarantee the acquisition of a precise number of followers for the Client's Instagram or TikTok account, nor does it promise a specific result in terms of follower growth. The Vendor cannot be held responsible for any fluctuations in the number of followers following the provision of the service, which may result from factors beyond its control.
5.3
The Vendor's liability is exclusively limited to the performance of the services provided for in these general terms and conditions of sale. The Client acknowledges that the Vendor is only bound by an obligation of means and not of results for the delivery of Instagram and TikTok followers.
5.4
If the Client believes that the expected result has not been achieved despite the efforts made by the Vendor, the Client may submit a refund request by providing the necessary information to justify their request. The Vendor will examine the request and, if it is deemed admissible, will proceed with the refund to the Client under the conditions provided for in these general terms and conditions of sale.
6. TERMINATION
6.1
Termination at the initiative of the Client. You are at all times entitled to unsubscribe and terminate Your Contract very simply by clicking on the "Unsubscribe" link at the bottom of the site, it being specified that Your unsubscription will then take effect either at the end of the Trial Period, or at the end of the current month in which your unsubscription request was made, in which case Your Account will be deactivated and access to and use of Our Service terminated. Subject to article 3.3, no refund will be made.
6.2
Termination at the initiative of . We are also entitled to terminate Your contract at the end of a month, in which case We will inform You by sending an email to the address you provided to Us during Your registration. In case of a violation of these Conditions, in particular but not exclusively article 4.3, We reserve the right to suspend Your Account for the duration necessary for any verifications that may need to be carried out and, if applicable, to terminate Your Contract with immediate effect; whether it is a suspension or a termination, You will be informed by a prior notice given to this same email address.
6.3
The termination exercised in application of this article does not entitle you to any refund, with the exception of the case where this termination is equivalent to the exercise of a right of withdrawal on your part within the meaning of articles 3.1 and 3.3.
7. INTELLECTUAL PROPERTY
7.1
holds all intellectual property rights to our Site and its content, which rights also include the related know-how.
7.2
By concluding the Contract, We grant You the non-exclusive and non-transferable right to access and use our Services.
8. LIABILITY AND WARRANTY
8.1
disclaims all liability resulting from the performance of the Contract binding us to the full extent permitted by applicable law.
8.2
Notwithstanding article 8.1, will make all reasonably required efforts to ensure a 24/7 Service availability, but cannot be held responsible for any unavailability related to a bug, technical constraints, and other maintenance operations, which will not give rise to any right to any refund whatsoever.
8.3
The Site may contain links to other sites that are neither published nor controlled by and for the proper functioning and content of which We can therefore in no way be held responsible.
9. MISCELLANEOUS
9.1 FORCE MAJEURE.
The parties agree that, in the event that the performance of the Contract becomes impossible due to a case of force majeure, i.e., an unforeseeable event outside the sphere of control of either party, neither party can be held responsible for the non-performance, defaults, or delays in the performance of any of its obligations which would be due to the occurrence of the said case. The performance of the Contract and the resulting obligations, including payment, will thus be suspended for as long as the case of force majeure lasts, it being specified that the payment made for the current month during which the case of force majeure occurred will nevertheless be kept. Each party will, however, be entitled to exercise the right of termination anchored in article 6.
9.2 NULLITY
In the event that a provision of these Conditions is considered null, this nullity will not affect the validity of the other Conditions. The null clause will be replaced and interpreted in such a way as to ensure its validity by a clause as close as possible in its spirit to the cancelled clause.
9.3 COMMUNICATION
Any communication to be addressed to will be:
By email to the address: contact@MonaFluence.com
By mail to the address:
9.4 APPLICABLE LAW AND COMPETENT COURT.
The validity and performance of these Conditions and the resulting Contract are subject to Irish law. Any dispute arising directly or indirectly from these Conditions and the resulting Contract will be submitted to the competent Court of the Client's domicile when the party is the plaintiff, respectively to the Court of Paris when the Client is the plaintiff.
9.5 REFUND POLICY
No refund will be made for any service provided. Any refund is at the discretion of . To do this, any request must be sent by email to contact@monafluence.com, via our site's chat. Each request will be studied individually. The refund must be made to the card used at the time of purchase.