Terms of Sales
REMINDER OF THE MAIN APPLICABLE LEGISLATION
Article L.224-25-16 of the Consumer Code
“I. – Any lack of conformity which becomes apparent within 12 months of the time when the digital content or service was supplied are presumed to have existed at the time when it was supplied, unless proved otherwise.
Where the contract provides for the continuous supply of the digital content or digital service over a period of time, the burden of proof with regard to whether the digital content or digital service was in conformity within the contractual period of supply shall be on the trader for a lack of conformity which becomes apparent within that period of time.
II. – The trader shall not be liable for any lack of conformity where he demonstrates that such lack of conformity is directly attributable to the incompatibility between the digital content or digital service and the digital environment of the consumer, and that the consumer had been informed by the trader of the technical compatibility requirements of this content or service before the conclusion of the contract.
The consumer shall cooperate with the trader, to the extent reasonably possible, necessary and least intrusive for him, to ascertain whether the cause of the lack of conformity lays in such incompatibility.
Otherwise, the burden of proof referred to in the first or second paragraph of I of this Article shall be on the consumer, provided that the consumer has been informed in a clear and comprehensible manner of his obligation to co-operate before the conclusion of the contract.”
Article L. 224-25-17 of the Consumer Code
“In the case of a lack of conformity, the consumer shall be entitled to have the digital content or digital service brought into conformity or, failing that, to receive a price reduction or to terminate the contract, under the conditions set out in this paragraph.
The consumer shall have the right to withhold payment of all or part of the price or delivery of the advantage provided for in the contract until the trader has fulfilled his obligations under this subsection, under the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this subsection are without prejudice to the award of damages.”
Article L.224-25-18 of the Consumer Code
“In the case of a lack of conformity, the consumer shall be entitled to demand that the digital content or digital service be brought into conformity with the criteria set forth in paragraph 1 of this subsection.
The digital content or digital service shall be brought into conformity free of charge for the consumer, without undue delay following the consumer’s request, and without any significant inconvenience to the consumer, taking account of the nature of the digital content or digital service and the purpose for which the consumer required the digital content or digital service.
The consumer shall not be liable to pay for any use made of the digital content or digital service in the period, prior to the termination of the contract, during which the digital content or the digital service was not in conformity.”
Article L.224-25-19 of the Consumer Code
The trader may refuse to bring the digital content or digital service into conformity if it would be impossible or would impose disproportionate costs, taking into account circumstances including the significance of the lack of conformity and the value the digital content or digital service would have if there were no lack of conformity.
Where these conditions are not respected, the consumer can, after having given formal notice, seek the enforced performance in kind to have the digital content or digital service brought into conformity in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the trader to bring the digital content or digital service into conformity shall be justified in writing or on a durable medium.”
Article L. 224-25-20 of the Consumer Code
“The consumer is entitled to a price reduction or the termination of the contract in the following cases:
1. Where the trader refuses to bring digital content or digital service into conformity;
2. Where bringing the digital content or digital service into conformity is unduly delayed or if it causes costs or significant inconvenience to the consumer;
3. Where the non-conformity of the digital content or digital service persists despite the unsuccessful attempt of the trader to bring it into conformity.
The consumer is also entitled to a price reduction or the termination of the contract where the lack of conformity is of such a serious nature as to justify immediate price reduction or termination of the contract. In such cases, the consumer is not required to request that the digital content or digital service be brought into conformity beforehand.
However, the contract may not be terminated if the lack of conformity is minor; the burden of proof with regard to whether the lack of conformity is minor shall be on the trader. This paragraph does not apply to contracts in which the consumer does not pay a price.”
Article 1641 of the Civil Code
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
Article 1648 of the Civil Code
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
PRACTICAL APPLICATION
Where You are acting under the legal guarantee of conformity within the meaning of the above-mentioned provisions of the Consumer Code:
– You have two years after supply of the Services to bring an action;
– You are entitled to have the digital content or digital service brought into conformity or, failing that, to have the price reduced or the contract terminated;
– You have the right to withhold payment of all or part of the price or delivery of the advantage provided for in the contract until the trader has fulfilled his obligations;
You do not need to prove the existence of the lack of conformity of the Services during the period of twelve months following the supply of the Services.
In any event, the legal guarantee of conformity applies regardless of the commercial guarantee that may be granted by the provider on the product(s) ordered.
You may decide to implement the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code. In this case, You can choose between terminating the sale and getting a reduction of the purchase price in accordance with Article 1644 of the Civil Code.
ANNEX 1 WITHDRAWAL FORM[1]
Please complete this form and return it to us if you wish to exercise your right of withdrawal
To: Steve Rosenblum
Postal address: Libertify International ltd, Via España, Delta Bank Building, 6th Floor, Suite 604D, Panama City, Republic of Panama
Telephone: 0 805 98 79 80
Email: steve@cryptoseatbelt.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following product (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of customer(s):
Address of customer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
@ 2023 Libertify SAS. All rights reserved.
@ 2023 Libertify SAS. All rights reserved.
Investing in digital assets is highly speculative and volatile, and cryptocurrency is only suitable for investors who are willing to bear the risk of loss and experience sharp drawdowns. Please note, all past performance or hypothetical/backtested performance as expressed on this site, is not indicative or a promise of future performance.
Investments in digital assets and cryptocurrency are Not FDIC Insured, Not SIPC Insured, Not Bank or Government Guaranteed, and May Lose Value. Before investing consider your investment objective, risk tolerance, Libertify’s fees and expenses and any trading related fees before investing. Although the goal of Libertify and the crypto seatbelt is to reduce volatility in your portfolio, there is no guarantee that your portfolio or account will not lose value, including risk of loss of your entire principal invested. Your account may experience significant drawdowns and there is no guarantee that Libertify will outperform a buy and hold strategy.
Investing in digital assets is highly speculative and volatile, and cryptocurrency is only suitable for investors who are willing to bear the risk of loss and experience sharp drawdowns. Please note, all past performance or hypothetical/backtested performance as expressed on this site, is not indicative or a promise of future performance.
Investments in digital assets and cryptocurrency are Not FDIC Insured, Not SIPC Insured, Not Bank or Government Guaranteed, and May Lose Value. Before investing consider your investment objective, risk tolerance, Crypto Seatbelt’s fees and expenses and any trading related fees before investing. Although the goal of Crypto Seatbelt is to reduce volatility in your portfolio, there is no guarantee that your portfolio or account will not lose value, including risk of loss of your entire principal invested. Your account may experience significant drawdowns and there is no guarantee that Crypto Seatbelt will outperform a buy and hold strategy.