General terms and conditions of sale
of the Citizens PassCare site
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the services provided by the Citizens PassCare platform (the “Services”) offered by InnovHealth Group (the “Provider” or the “Vendor”) to consumers and non-professional clients (the “Clients” or the “Customer”) on its website https://passcare.com/citoyens.
The main characteristics of the Services are presented on the website https://passcare.com/citoyens.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for the Services.
They may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale are accessible at any time on the Internet site and will prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and by proving his identity, to :
Data Protection Officer
21 rue de Courcelles, 51100 Reims
The Customer declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure as well as the general terms and conditions of use of the website https://passcare.com/citoyens.
The validation of the order of Services by the Customer is tantamount to acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the website https://passcare.com/citoyens.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date the order is placed.
ARTICLE 2 – Orders
The Customer selects on the site the services he wishes to order, according to the following terms and conditions:
Access to the information page in order to complete the essential elements for the validity of the order, then
Choice of individual offer (monthly or annual) or family offer (monthly or annual), then
Fill in the delivery address to receive the PassCare card(s) (depending on the choice of the offer), finally
Access to the online payment page to proceed to the validation of the payment to the PassCare platform.
Contractual information is presented in French language and is subject to confirmation at the latest at the time of the validation of the order by the Customer.
The registration of an order on the Provider’s website is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
The sale of Services will only be considered final after the Service Provider has sent the Client confirmation of acceptance of the order by e-mail and after the Service Provider has received the full price.
Any order placed on the https://passcare.com/citoyens website constitutes the formation of a contract concluded remotely between the Client and the Service Provider.
InnovHealth Group reserves the right to cancel or refuse any order from a Client with whom there is a dispute over payment of a previous order.
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in cases of force majeure.
Placing an order on the website https://passcare.com/citoyens implies the conclusion of a contract for a minimum duration of one (1) month (as part of a monthly formula) tacitly renewed for the same duration or the conclusion of a contract for a minimum duration of twelve (12) months (as part of an annual formula) tacitly renewed for the same duration.
Under the terms of Article L215 -1 of the Consumer Code, literally reproduced:
“For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by registered letter or dedicated e-mail, no earlier than three (3) months and no later than one (1) month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for non-renewal.
Where that information has not been sent to him in accordance with the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances made after the last date of renewal or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty (30) days of the date of termination, less any sums corresponding, up to that date, to the performance of the contract. The provisions of this Article shall apply without prejudice to those provisions which make certain contracts legally subject to special rules regarding consumer information.
Similarly, pursuant to Article L215-3 of the Consumer Code, the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals”.
Article L241-3 of the French Consumer Code penalises the professional who has not made repayments under the conditions provided for in Article L215-1 of the French Consumer Code.
ARTICLE 3 – Delivery – Card Reception
Unless there are special conditions specific to the sale, the delivery of the PassCare card(s) (depending on the chosen formula) will be made to the Customer’s home address, as provided when the Customer’s registration was entered, within a reasonable period of time and no later than ten (10) days from receipt by the Service Provider of a valid online subscription application.
In the absence of any delivery within seven (7) days after the expiry of the said period, except in cases of force majeure, the Customer may automatically request, at his discretion, the cancellation of the subscription by any means.
The costs and risks associated with the delivery of PassCare cards are the sole responsibility of the Service Provider.
From the time of delivery, the risks of the cards are transferred to the Customer.
If the Customer refuses delivery of the PassCare Card(s) for any reason whatsoever, or if such delivery is made impossible due to circumstances attributable in whole or in part to the Customer and/or a third party, the Service Provider may, without prejudice to any other available remedies, store the Customer’s PassCare Card(s) or send a second shipment after informing and exchanging with the Customer.
The Customer may assume any costs and risks of transporting the cards sold, after the first delivery.
Once the subscription form has been entered and validated online by the Service Provider, the Service Provider undertakes to generate the personalised personal key(s) for the benefit of the Customer having subscribed to the PassCare Platform. This key allocation integrated to the unique digital identity is displayed on the PassCare card delivered to the Customer’s home.
ARTICLE 4 – Prices
The Services offered by the Service Provider are provided at the rates in force on the website https://passcare.com/citoyens according to the quote established by the Service Provider, when the order is recorded by the Service Provider. The prices are expressed in Euros, excluding VAT and all taxes.
The prices take into account any discounts that may be granted by the Service Provider under the conditions specified on the website https://passcare.com/citoyens.
These prices are firm and non-revisable during their period of validity, as indicated on the website https://passcare.com/citoyens, the Service Provider reserves the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Service Provider and given to the Client when the Services ordered are provided.
ARTICLE 5 – Terms and conditions of payment
Payment is due immediately upon ordering. The price is payable in full, in cash, on the day of the provision of the Services ordered under the conditions defined in the article “Provision of Services” below and as indicated on the invoice given to the Client, by secure payment, according to the following terms:
by bank cards: Bank Card, Visa, MasterCard, American Express.
In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Secure online payment by credit card is made by our payment service provider “Stripe”.
The information and in particular the payment data transmitted is encrypted in a professional manner and cannot be read during transmission on the network. They are exchanged in encrypted mode using the “AES 256” protocol. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information.
By communicating its banking information at the time of sale, the Customer authorises the Vendor to debit its card for the amount relative to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it.
In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled by operation of law and the order is cancelled.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Service Provider.
The Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
No additional costs in excess of the costs incurred by the Service Provider for the use of a means of payment may be charged to the Customer.
ARTICLE 6 – Provision of Services
The Services ordered by the Customer, which include subscription services and access to the PassCare platform and the supply of the PassCare card, will be provided immediately upon final validation of the Customer’s order for access to the online platform and for the PassCare card, subject to the time limits for dispatch by post, under the conditions set out in these General Terms and Conditions of Sale, to the address indicated by the Customer when ordering on the https://passcare.com/citoyens website.
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 time limits specified above.
If the services ordered have not been provided within the above-mentioned deadlines after the indicative date specified above, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The Service Provider is identified as follows:
Simplified Joint Stock Company
Share capital: 43,178 euros,
21 rue de Courcelles in Reims (51100)
818,991,929 RCS Reims
ARTICLE 7 – Right of Withdrawal
Given the nature of the services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 8 – Liability of the Service Provider – Warranty
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Client against any lack of conformity or hidden defect, resulting from a defect in the design or execution of the Services ordered under the conditions and according to the terms and conditions defined in the appendix to these General Terms and Conditions of Sale.
In order to assert its rights, the Client must inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of fifteen (15) days from the provision of the Services.
The Service Provider shall refund or rectify or cause to be rectified (to the extent possible) the services found to be defective as soon as possible and no later than thirty (30) days following the Service Provider’s discovery of the defect or fault. Reimbursement will be made by crediting the Client’s bank account or by bank cheque sent to the Client.
The Service Provider’s warranty is limited to the reimbursement of the Services actually paid by the Client and the Service Provider shall not be held liable or in default 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 website https://passcare.com/citoyens/ comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 9 – Protection of personal data
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for processing his order and for the preparation of invoices, in particular.
This data may be communicated to any partners of the Vendor in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the https://passcare.com/citoyens website complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of the processing with regard to the information concerning him/her.
This right may be exercised under the conditions and according to the terms and conditions defined on the website https://passcare.com/citoyens.
ARTICLE 10 – Intellectual Property
The content of the website https://passcare.com/citoyens is the property of the Vendor 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 infringement of copyright.
ARTICLE 11 – Major Forces
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 12 – Applicable law – Language
The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 13 – Claims and mediation
The Client has a period of two (2) months from the date of delivery to notify the Service Provider in writing, stating the references appearing on the invoice, of any complaint concerning the Products and/or Services. In the event of non-receipt of the Product, this period shall run from the date of receipt of the order by the Service Provider.
After this period, the Products delivered shall be deemed to be accepted by the Customer and to conform to the order in terms of quality and quantity. The Service Provider will not be responsible for the return costs unless prior agreement has been reached with the Service Provider.
In accordance with the provisions of Articles L.611-1 to L.616-3 of the French Consumer Code, the Customer is informed that he may have recourse to a consumer ombudsman under the conditions provided for in Title 1 of Book VI of the French Consumer Code.
In the event of failure to make a claim to the Service Provider’s customer service department, or in the absence of a response within two (2) months, the Customer may submit the dispute to a mediator who will make an independent attempt to bring the parties together with a view to obtaining an amicable solution.
ARTICLE 14 – After-sales service
The Service Provider provides PassCare Card Customers with a support service directly accessible on the e-Health Platform during business hours, as well as a chat room to receive their questions 24 hours a day, 7 days a week.
The Provider certifies that the tele-operators in charge of the after-sales service of the e-Health Platform and PassCare Cards are regularly employed and hold an employment contract in compliance with the applicable employment legislation. The Service Provider certifies that these personnel have the skills and qualifications required to perform the after-sales services.
The Service Provider’s personnel shall remain under the sole authority, subordination, control and responsibility of the Service Provider.
ARTICLE 15 – Litigation
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath and which could not be resolved between the seller and the customer will be submitted to the competent courts of the city of Reims under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sector-based mediation bodies, whose references can be found on the website https://passcare.com/citoyens, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 16 – Pre-contractual Information – Customer Acceptance
The Customer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information:
– the essential characteristics of the Services, taking into account the medium of communication used and the Service concerned; – the essential characteristics of the Services, taking into account the medium of communication used and the Service concerned
the price of the Services and any additional costs (delivery, for example);
in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services ordered;
information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
information relating to legal and contractual guarantees and their terms and conditions of implementation ;
the functionalities of digital content and, where appropriate, its interoperability ;
the possibility of resorting to conventional mediation in the event of a dispute;
information on the right of withdrawal, the terms of termination and other important contractual conditions.
the means of payment accepted.
The fact for a natural person to order on the website https://passcare.com/citoyens implies full adhesion and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly acknowledged by the Customer, who renounces,
in particular, to rely on any contradictory document, which would be unenforceable against the Service Provider.
ANNEX I – consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from the defects or apparent lack of conformity.
Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, if applicable :
– If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.