The present general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale” or “GTC”) apply to all Orders for Products placed on the www.looking-for-soccer.com website.
The Website accessible at www.looking-for-soccer.com is a service provided by :
– the company SOCCER TRAVEL, a simplified joint stock company with a capital of 10,000€, registered in the Paris Trade and Companies Register under the number B 841 448 053, and whose registered office is located 146 rue de Charenton – 75012 – PARIS, represented by its President Mr. Mathieu BRESSENOT
e-mail address : [email protected]
The Customer is invited to carefully read these Terms and Conditions of Sale before placing an Order. By placing an Order on the Web Site www.looking-for-soccer.com, the Customer expresses his or her unreserved agreement to be bound by the present Terms and Conditions.
Words whose first letter is capitalized shall have the meaning attributed to them in this article, whether in the singular or plural:
GTC: refers to the present General Conditions of Sale in their version in force on the SOCCER TRAVEL Website;
Contract: refers to the contract formed between the Client and the company SOCCER TRAVEL, which puts the Website online and which has as its object the sale of Products and consists of the GTC and the Orders.
Order: refers to any order placed by the Client, materialized by the confirmation sent by email to the Client at the end of the ordering process.
Customer: shall mean any natural person over the age of 18, acting as an individual with full legal capacity and placing an Order for his/her own needs, for the needs of a minor, or as a legal guardian.
Personal Data or Data: refers to any data that can directly or indirectly identify a natural person, such as name, first name, e-mail, postal address, telephone.
Data Protection Officer or DPO: refers to the person in charge of advising and controlling the Data Controller in terms of protection of Personal Data within or on behalf of SOCCER TRAVEL, which can be contacted at the address: [email protected]
SOCCER TRAVEL: the company SOCCER TRAVEL, a simplified joint stock company with a capital of 10,000€, registered in the Paris Trade and Companies Register under the number B 841 448 053, and whose registered office is located at 146 rue de Charenton- 75012 – PARIS, represented by its President Mr. Mathieu BRESSENOT.
Product: refers to any product or service offered for sale on www.looking-for-soccer.com, including online booking of soccer training courses.
Website: refers to the site accessible at the URL www.looking-for-soccer.com and published by the company SOCCER TRAVEL.
ARTICLE 2 – PURPOSE
SOCCER TRAVEL offers Products for sale to the Client, records the Orders and executes them in accordance with the Contract. Any Order placed through the Web Site shall imply the full and unreserved acceptance of the GTC by the Client. The Contract governs all relations between the Client and the company SOCCER TRAVEL. The Contract shall prevail over all other commercial documents such as brochures, catalogs, etc.
Browsing the Website and subscribing to a Contract governed by these General Terms and Conditions of Sale with SOCCER TRAVEL entails full acceptance by the Customer of the entirety of the GTC, who acknowledges having fully read them.
The GTC, like the Contract, cannot be modified without the prior express written agreement of the company SOCCER TRAVEL.
The Website is intended for the Customer, understood as an end user and does not allow the purchase of Products for resale.
ARTICLE 3 – CUSTOMER
3.1. The use of the www.looking-for-soccer.com website shall be reserved for Customers who are of legal age and who have legal capacity, or if they do not have legal capacity, the authorisation of a legally authorised guardian or curator or of their legal representative if they are minors.
When registering the Customer’s Personal Data for an Order, the Customer must ensure that the mandatory Data provided is accurate. In the event of an error in the recipient’s contact details, SOCCER TRAVEL shall not be held responsible for the impossibility of delivering the Product. Similarly, SOCCER TRAVEL shall not guarantee the completion of the registration in case of non-transmission of all the information requested for this purpose.
3.2. Any condition to the contrary set by the Customer shall, in the absence of express written acceptance, be unenforceable against the seller, regardless of when it may have been brought to its attention. The fact that SOCCER TRAVEL does not avail itself, at a given time, of any of these GTCs can not be interpreted as a waiver to avail itself later of any of the said conditions.
ARTICLE 4 – PRODUCTS AND PRICES
4.1. SOCCER TRAVEL offers a variety of soccer training courses proposed by its partners, both in France and abroad. SOCCER TRAVEL acts as an intermediary and does not itself ensure the holding and running of the training courses, nor any other service other than putting you in touch with its partners offering soccer training courses.
4.2. Only the Products listed on the Website on the day and at the time of the Order by the Customer are offered for sale, subject to availability
The Product offered for sale is the item precisely described in the Product description, excluding any decoration visible on the sales page and used as a presentation suggestion. SOCCER TRAVEL makes its best efforts to present the characteristics of the Products. The characteristics and description of each Product can be consulted on the Product sheet, in the corresponding tabs.
4.3. The prices of the Products are indicated in Euros, all taxes included, excluding the processing and shipping costs. These prices are communicated in .
In the event that the Sales Order is destined for a country other than mainland France, the Customer shall be deemed to be the importer of the Product(s) concerned.
All Orders are payable in or Dollars depending on the location of the Client.
SOCCER TRAVEL reserves the right to modify its prices at any time. The Products shall be invoiced on the basis of the prices in force at the time the Sales Order is recorded, subject to availability.
ARTICLE 5 – ORDERS
All Sales Orders can be placed by filling out the required information.
Within the framework of the Sales Order, SOCCER TRAVEL shall request the Client to provide the information necessary to process the Sales Order and to manage client relations such as: name, surname, postal address and email address.
This information is collected online regardless of the Order method.
SOCCER TRAVEL cannot execute the Orders placed by the Customer nor respond to any other request from the Customer if the latter refuses to communicate this information, which is essential to the management of the relationship between SOCCER TRAVEL and the Customer, and in particular to the registration and execution of Orders.
The Data collected for the purpose of placing the Order shall be processed in accordance with the regulations in force relating to the protection of Personal Data and Article 11 of this Contract (“Data Confidentiality”).
When the Client requests the reservation of a Product, SOCCER TRAVEL shall send a written confirmation confirming that it has received the request for said reservation and undertaking to manage it according to the availability of the Product requested by the Client.
If the availability of the Product is confirmed, SOCCER TRAVEL shall inform the Client and proceed to the payment of the Product.
Similarly, SOCCER TRAVEL shall not guarantee the completion of the registration in the event of non-transmission of all the information requested for this purpose.
ARTICLE 6 – PAYMENT
6.1. The payment of the Customer’s purchases shall be made through the secure payment service provided by , which the Customer certifies as being the owner, the surname(s) and first name(s) appearing therein being his own.
During the payment, the Customer enters the sixteen digits and the expiration date appearing on the front of the bank card as well as, if necessary, the number of the visual cryptogram appearing on the back.
Payments by credit card are made via STRIPE . Validation of the Order implies full acceptance, without reservation, of the corresponding General and Special Conditions.
These means of payment are subject to a security system by their publishers and managers who are recognized services.
6.2. The Order placed by the Customer shall be debited immediately upon reservation, provided that the Customer’s bank account has been authorized to be debited by the relevant payment centers. If this is not the case, the Order placed by the Customer cannot and will not be taken into account.
By providing his bank details, the Customer authorizes SOCCER TRAVEL to immediately debit his bank card for the amount indicated.
SOCCER TRAVEL shall make every effort to protect as effectively as possible with regard to the advancement of encryption techniques all Data related to means of payment. At no time, the Customer’s banking data transit on the computer system of SOCCER TRAVEL. The latter may nevertheless check the reliability of the information entered during the registration of an Order.
If SOCCER TRAVEL makes every effort to secure the transaction as effectively as possible, it cannot guarantee total security, particularly with regard to the progress of techniques.
SOCCER TRAVEL may cancel, by right and without notice, the Order in the event of non-payment, fraudulent payment, fraud or attempted fraud.
6.4. Invoices shall be dated from the day of validation of the availability of the Products by the Customer. The Company issues an electronic invoice to the Customer, which can be downloaded and printed.
ARTICLE 7 – INCLUDED SERVICES
You can find all information on what is included in the price of each Product on the Website. SOCCER TRAVEL makes its best efforts to offer up-to-date information, but there may be variations and modifications at the initiative of the course organizer, such as for example, the excursions and activities included, or the number of participants per room. In addition, some sports training sessions or language courses may be cancelled due to bad weather or public holidays, which does not entitle the participant to any refund, even partial.
Airport transfers, air tickets and specific insurance are never included in the Product, unless specifically indicated otherwise on the Product page.
ARTICLE 8 – MODIFICATION AND CANCELLATION
8.1. Right of withdrawal: In compliance with the HAMON law, the withdrawal period is 14 days and runs from the purchase of the Product.
The Customer has a period of 14 (fourteen) days to return the purchased Product provided that they have not been used in any way, given their nature.
8.2. Modification: If the Client wishes to make a change in his reservation after the payment of the Product in whole or in part, he must immediately inform SOCCER TRAVEL in writing. SOCCER TRAVEL of the costs of the file due to the change, in addition to the possible additional costs imposed by the concerned partner. The change will only be possible subject to communication to SOCCER TRAVEL at least 4 weeks before the start of the course concerned. In case of a change of date, the new start and end date of the course must be communicated at least 1 (one) month before the beginning of the service. Any changes are subject to availability and the conditions of the partner concerned.
8.3. An: The Client is solely responsible for obtaining a valid passport and all necessary visas for the participant to legally enter the country where the course takes place. The Client is solely responsible for obtaining a visa of sufficient duration, depending on the origin and destination of the participant and the duration of the course. The consulate and embassy of the country to which the participant is going are the sole guarantors of information concerning visas and the time required to obtain them. Additional fees may be charged to the client in case the participant needs an official invitation letter from the partner center in order to obtain the visa and participate in the course.
The additional costs depend on the course and SOCCER TRAVEL will inform the Client in case the concerned partner requires the payment of additional fees or taxes. When an official letter of invitation to the course is required, the Client acknowledges that a minimum delay of 4 weeks will be necessary to receive the letter by post. Any additional costs associated with sending a letter of invitation will be the responsibility of the Client. The invitation letter for the participant’s visa will be sent to the Client only when SOCCER TRAVEL has received full payment for the Product concerned.
If the Client has applied for a visa and has been refused, SOCCER TRAVEL shall refund 30% (thirty percent) of the total amount, after receiving written confirmation from the administrative department that issued the refusal decision, on which shall be stipulated the details of the reason for refusal of the visa (SOCCER TRAVEL shall only accept original documents) and only if SOCCER TRAVEL receives said letter within 45 (forty-five) days prior to the commencement of the course. The notification of refusal of the visa shall be sent in writing to SOCCER TRAVEL by registered mail. The date of the notification shall be taken as the date on which SOCCER TRAVEL signed the receipt of the document sent by registered mail. In the event that SOCCER TRAVEL receives the notification less than 45 (forty-five) days before the start of the course, the Client shall not receive any refund.
8.4. Early return: No refunds will be given for course interruptions or early returns. If the Client wishes to cancel the course due to a personal emergency or other unforeseen cause, he shall inform SOCCER TRAVEL before leaving the course by .
ARTICLE 9 – RESPONSIBILITY
9.1. Responsibility of SOCCER TRAVEL as intermediary
The Products offered shall comply with the French legislation in force. It is the responsibility of the customer to check with the local authorities the possibilities of importing or using the Products or services that he intends to order. The photographs and texts reproduced and illustrating the Products presented are not contractual. Accordingly, the responsibility of SOCCER TRAVEL can not be held liable for any error in any of these photographs or text.
SOCCER TRAVEL shall not be held liable for the non-performance of the Contract concluded in case of stock shortage or unavailability of the Product, force majeure, disruption or total or partial strike in particular of postal services and means of transport and / or communications, flood, fire.
SOCCER TRAVEL shall not be liable for any indirect damage due to non-compliance with these terms and conditions, operating loss, loss of profit, loss of opportunity, damage or expenses.
By participating in the reserved course, the Client or the participant may be exposed to risks of accidents, force majeure, etc. By contracting with SOCCER TRAVEL, the Client assumes these risks, acknowledges that he will have no recourse against SOCCER TRAVEL and waives any action against SOCCER TRAVEL and its employees for any injury, loss, accident, expense or delay caused by or related to non-contractual services (including any services provided by transportation or accommodation intermediaries, etc.). The customer understands that he travels under his own responsibility (if he is a minor, the parents or guardians assume this responsibility) SOCCER TRAVEL and its employees against any responsibility in relation to health or safety.
Hyperlinks may refer to other sites. SOCCER TRAVEL is in no way responsible for the content of third party sites that would contravene the legal and regulatory provisions in force.
9.2 Responsibility of the Client
SOCCER TRAVEL is not responsible for the provision of any type of supervision of the stay at the courses, transfer personnel or any type of accommodation. The participant must behave with education and respect. The use of illegal substances, abusive behavior or consumption of alcohol by minors is not tolerated. SOCCER TRAVEL reserves the right to refuse, cancel and/or terminate the participation of any person who violates the policy of the course offered by the concerned partner (including accommodation) and the course organizer, or for any other similar reason.
It is understood that SOCCER TRAVEL does not insure the Client against any accident, illness, loss of personal belongings or any other occasional risk on the occasion of the trip and/or the course booked, except in case of express inclusion in a Product. SOCCER TRAVEL recommends that the Client take out an insurance policy covering all risks, in particular risks related to the practice of a sporting activity, during the period of the booked course.
SOCCER TRAVEL reserves the right to propose insurance offers from its partners via the Website, without acting as an insurer or insurance agent.
ARTICLE 10 – INTELLECTUAL PROPERTY
SOCCER TRAVEL grants the Customer a simple temporary license of use strictly limited to the acts necessary to consult the said Web Site for the purposes of information or placing an Order, to the exclusion of any other use.
All texts, comments, works, illustrations and images reproduced on the Website are reserved under copyright and intellectual property law for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only the use for private use subject to different and even more restrictive provisions of the Intellectual Property Code. Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property unless prior authorization of SOCCER TRAVEL. Any total or partial reproduction of the SOCCER TRAVEL catalog is strictly forbidden.
ARTICLE 11 – PERSONAL DATA
11.1. Processing of Personal Data:
In order to place your Orders on our Web Site you must provide us with personal information.
When browsing this Website, SOCCER TRAVEL collects and processes certain Personal Data in strict compliance with the requirements of the CNIL, the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and the General Data Protection Regulation (RGPD EU 2016/679), adapted into French law by law n° 2018-493 of June 20, 2018.
Data is also recorded via cookies aimed at optimizing navigation on the Website and measuring the audience. We invite you to read the information and settings concerning cookies on our page dedicated to cookies
ARTICLE 12 – MODIFICATIONS OF THE GCV
The GTC are subject to change. In case of modification of the GTC by SOCCER TRAVEL, the contractual relationship between SOCCER TRAVEL and the Customer shall be exclusively governed by the GTC transmitted or communicated to the Customer or accepted by him on the date of the Order.
Similarly, SOCCER TRAVEL undertakes to inform the Customer of the modification of the GTC, by email or on the occasion of a new visit to the Website.
ARTICLE 13 – FORCE MAJEURE
SOCCER TRAVEL shall not be liable for the non-performance of any of its obligations in the event that an event of force majeure, as defined by law and jurisprudence, occurs.
In the event of the occurrence of an event of force majeure, this Contract shall be automatically suspended and extended for the duration of the occurrence of the event making it impossible for SOCCER TRAVEL to perform any of its obligations.
ARTICLE 14 – MISCELLANEOUS PROVISIONS
14.1 If any clause or stipulation of the GTC is deemed null, unwritten, unenforceable or inapplicable, said clause or stipulation shall be deemed divisible and shall not entail the nullity of the other clauses and stipulations.
14.2. Prior complaint
In the event of a dispute, the Customer shall address in priority the Customer Service of SOCCER TRAVEL by the means detailed below in the article CUSTOMER SERVICE.
14.3. Request for mediation for Customers
In the event of failure of the complaint to the Customer Service or in the absence of a response from this service within two (2) months, the Customer may submit the dispute relating to these GTCs opposing him to SOCCER TRAVEL to a mediator who will attempt, in all independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
To submit his request for mediation, the Customer has a claim form accessible on the website of the mediator appointed by SOCCER TRAVEL, namely the Mediation and e-Services Center MEDICYS:
Center for mediation and amicable settlement of judicial officers,
73, Boulevard de Clichy, 75009 Paris
Mail: [email protected]
The Parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 15 – CUSTOMER SERVICE
For any information or question, our customer service is at your disposal:
146 rue de Charenton
75012 – PARIS
Email : [email protected]
This Site is published by SOCCER TRAVEL, a simplified joint stock company with a capital of 10.000€, registered in the Trade and Companies Register of Paris under the number B 841 448 053, and whose head office is located 146 rue de Charenton – 75012 – PARIS, represented by its President Mr. Mathieu BRESSENOT
Person in charge of the drafting : Mathieu BRESSENOT
This Site is hosted by the company OVH
Address: 2 Rue Kellermann, 59100 Roubaix, France
Article L217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was 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 purpose usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter. ”
Article L217-7 of the Consumer Code
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repairing or replacing the good.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, given the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217-12 of the Consumer Code
“The action resulting from the defect of conformity is prescribed by two years from the delivery of the good. ”
Article L217-16 of the Consumer Code
“When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run.
This period runs from the time of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention. ”
Article L221-5 of the Consumer Code
“Prior to the conclusion of a contract of sale or supply of services, the professional communicates to the consumer, in a legible and understandable manner, the following information:
1° The information provided for in Articles L. 111-1 and L. 111-2 ;
2. Where the right of withdrawal exists, the conditions, time limit and procedures for exercising this right as well as the standard withdrawal form, the conditions of presentation and the information it contains being laid down by decree in the Council of State;
3° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, because of their nature, they cannot normally be returned by post;
4° Information on the consumer’s obligation to pay costs when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; these costs are calculated in accordance with the procedures laid down in Article L. 221-25 ;
5. Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
6° Information relating to the contact details of the professional, where applicable, the costs of using the distance communication technique, the existence of codes of good conduct, where applicable, sureties and guarantees, cancellation procedures, methods of settling disputes and other contractual conditions, the list and content of which shall be laid down by decree in the Council of State.
In the case of a public auction as defined by the first paragraph of article L. 321-3 of the French Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of article L. 111-1 may be replaced by those of the agent. ”
Article L221-18 of the Consumer Code
“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The time limit mentioned in the first paragraph runs from the day :
1° Of the conclusion of the contract, for the contracts of provision of services and those mentioned in article L. 221-4 ;
2° Of the reception of the good by the consumer or a third party, other than the carrier, designated by him, for the contracts of sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as of the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good. ”
Article L221-24 of the Consumer Code
“When the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer’s decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may postpone the refund until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer for the original transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.
The trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the trader. ”
Article L5131-1 of the Consumer Code
“Cosmetic product means any substance or mixture intended to be placed in contact with the various superficial parts of the human body, in particular the epidermis, the hair and capillary systems, the nails, the lips and the external genitalia, or with the teeth and oral mucous membranes, with a view, exclusively or mainly, to cleaning them, perfuming them, modifying their appearance, protecting them, maintaining them in good condition or correcting bodily odours. ”
Article R 631-3 of the Consumer Code
“The consumer may bring an action either before one of the courts with territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where he or she lived at the time of the conclusion of the contract or of the occurrence of the harmful event. ”
Article 1641 of the Civil Code
“The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them. ”
Article 1648 al 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. ”
Article 133-3 of the Commercial Code
“The receipt of the transported goods extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following the day of such receipt, the consignee has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest.
If, within the above-mentioned time limit, a request for an expert opinion is made pursuant to Article L. 133-4, such request shall be deemed to constitute a protest without it being necessary to proceed as provided in the first paragraph.
Any stipulations to the contrary are null and void. This last provision is not applicable to international transport. ”
Article 441-6 of the Commercial Code
“Any failure to comply with the provisions of articles L. 441-3 to L. 441-5 is subject to an administrative fine of up to €75,000 for a natural person and €375,000 for a legal entity. ”
The maximum fine incurred is increased to €150,000 for a natural person and €750,000 for a legal entity in the event of a repeat breach within two years of the date on which the first penalty decision became final. ”
Article 441-10 of the Commercial Code
“I.-Unless otherwise provided for in the conditions of sale or agreed between the parties, the time limit for payment of sums due may not exceed thirty days after the date of receipt of the goods or performance of the service requested.
The period agreed between the parties for payment of the sums due may not exceed sixty days after the date of issue of the invoice.
By way of derogation, a maximum period of forty-five days from the end of the month following the date of issue of the invoice may be agreed between the parties, provided that this period is expressly stipulated in the contract and does not constitute an obvious abuse of the creditor.
In the case of a periodic invoice within the meaning of Article 289, paragraph 3 of the General Tax Code, the period agreed between the parties may not exceed forty-five days after the date of issue of the invoice.
II.-The terms of payment mentioned in I of article L. 441-1 specify the conditions of application and the interest rate of the late payment penalties due on the day following the date of payment appearing on the invoice as well as the amount of the fixed indemnity for collection costs due to the creditor in the event that the sums due are paid after this date. Unless otherwise provided, which may not however set a rate lower than three times the legal interest rate, this rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In this case, the rate applicable during the first half of the year concerned is the rate in force on January 1 of the year in question. For the second half of the year in question, the rate in force on July 1 of the year in question shall apply. Late payment penalties are payable without the need for a reminder. Any professional in a situation of late payment is automatically liable to the creditor for a fixed indemnity for collection costs, the amount of which is fixed by decree. When the collection costs incurred are higher than the amount of this fixed indemnity, the creditor may request additional compensation, upon justification. However, the creditor cannot claim the benefit of these indemnities when the opening of a safeguard, recovery or judicial liquidation procedure prohibits the payment of the debt owed to him on its due date.
III. Subject to specific provisions more favourable to the creditor, where an acceptance or verification procedure is provided for, making it possible to certify the conformity of the goods or services to the contract, the duration of this procedure is fixed in accordance with good commercial practice and, in any event, does not exceed thirty days from the date of receipt of the goods or performance of the services, unless expressly stipulated otherwise by contract and provided that this does not constitute an unfair term or practice within the meaning of the penultimate paragraph of Article L. 441-16 or of Article L. 441-2. 441-16 or Article L. 442-1. The duration of the acceptance or verification procedure may not have the effect of either increasing the duration or shifting the starting point of the maximum payment period provided for in the second, third and fourth paragraphs of I, unless expressly stipulated otherwise by contract and provided that this does not constitute an unfair term or practice within the meaning of the penultimate paragraph of Article L. 441-16 or of Article L. 442-1. “