General Terms and Conditions of Sale and Use

Last updated: 18 July 2025

Article 1 – Definitions

The following terms will be used hereafter: 'Application': the Happivents application and all its pages and screens, 'Product': digital content or service that can be purchased, 'Publisher': The person responsible for editing and the content of the application, 'User': The mobile user visiting and using the application, 'Customer': The mobile user making a product purchase within the application, 'Store': The application download platform.

Article 2 – Information Required by the Law on Confidence in the Digital Economy and Purpose of the Application

This application is published by BLUECARAT. The legal information regarding the publisher of the application, including contact details and any information regarding capital and registration, is provided in the application's legal notices. Information regarding the collection and processing of personal data (policy and declaration) is provided in the application's personal data charter. Happivents, through its mobile and web application, enables users to manage event planning and image management through the resulting album. The acquisition of a product or, more generally, the use of the application implies acceptance by the user of these general terms and conditions, which they acknowledge having fully read. This acceptance shall be deemed to have the same value as a handwritten signature from the user. The user acknowledges the evidential value of the publisher's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute. Acceptance of these general terms and conditions requires that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.

Article 3 – Characteristics of the Products Offered

The products are listed in the application's catalog and are accompanied by a description. Customer service is available at contact[at]happivents.app or by postal mail at the following address: 58 rue de Monceau, 75008 Paris, in which case the publisher undertakes to respond within 7 days. Happivents also provides its users and customers with a hotline, or telephone support, to answer their questions. Telephone support can be reached at 0680000809 (non-premium rate number).

Article 4 – Pricing

The prices listed in the application are in Euros, inclusive of all taxes (VAT included), taking into account the VAT applicable on the day of purchase. Happivents reserves the right to apply any changes in VAT rates to the price of products or services. The publisher also reserves the right to modify its prices at any time. However, the price listed in the application on the day of purchase will be the only one applicable to the buyer.

Article 5 – Subscriptions and Payments

Happivents offers auto-renewing subscriptions. Details, including pricing and features, are clearly displayed before purchase. Payment will be charged to your Apple ID (iOS) or Google account (Andoid) upon confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple (iOS) or Google account settings (Android).

Article 6 – Account in the Application

The user creating an account in the application (member) can access it by logging in with the credentials provided during registration. The user is entirely responsible for protecting the password they have chosen and is encouraged to use complex passwords. In case of a forgotten password, the member can generate a new one. This password guarantees the confidentiality of the information contained in their account, and the user is therefore prohibited from transmitting or sharing it with a third party. Otherwise, the publisher of the application cannot be held responsible for unauthorized access to a user's account. The member may be required to provide certain personal information when purchasing products through the application; they agree to provide accurate information. The account allows the member customer to view all their purchases made within the application. If the data contained in the member account section were to disappear due to a technical failure or force majeure, neither the application nor its publisher could be held liable, as this information has no probative value but is purely informative. The account pages and screens do not constitute evidence and are intended solely to ensure efficient management of purchases or contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has violated these general conditions (including but not limited to cases where the member knowingly provided false information during registration) or any inactive account for at least one year. Such deletion shall not constitute damage to the excluded member, who cannot claim any compensation. This exclusion does not preclude the possibility of the publisher taking legal action against the member if justified by the circumstances.

Article 7 – Publisher's Disclaimer of Liability in the Execution of this Contract

In case of inaccessibility to the application due to technical or other issues, the user may not claim any damage or compensation. Even prolonged unavailability of one or more products cannot constitute damage for users and shall not entitle them to any damages from the publisher. Hyperlinks present in the application may lead to other applications or websites, and the publisher of the application cannot be held responsible if the content of these sites and applications violates current legislation. Likewise, the publisher cannot be held responsible if using these sites or applications causes harm to the user.

Article 8 – Intellectual Property Rights Related to the Application's Elements

All elements of the application belong to the publisher or a third-party agent, or are used by the publisher with the owner's permission. Any copying of logos, textual content, pictograms, or videos, without limitation, is strictly prohibited and constitutes counterfeiting. Any member guilty of counterfeiting may have their account deleted without notice or compensation, without such deletion constituting damage, and without prejudice to any future legal action against them initiated by the publisher or its agent.

Article 9 – Trademarks

The trademarks and logos contained in the application are registered by BLUECARAT or possibly by one of its partners. Any unauthorized representation, reproduction, embedding, dissemination, or redistribution of these trademarks and logos is subject to the penalties provided by articles L.713-2 and subsequent articles of the Intellectual Property Code.

Article 10 – Limitation of Liability

The publisher of the application, particularly in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the application, such as data loss, intrusion, viruses, service disruption, or other issues.

Article 11 – Access to the Application via Internet Connection

The publisher's liability cannot be engaged due to a technical unavailability of the connection, whether caused by force majeure, maintenance, an update, a modification, an intervention by the host, an internal or external strike, a network failure, a power outage, or even improper configuration or use of the user's device.

Article 12 – Account Closure

Each member is free to close their account in the application. To do so, the member can proceed directly from the application. No data recovery will then be possible.

Article 13 – Applicable Law and Mediation

These general terms and conditions are subject to French law. They may be modified at any time by the publisher or its agent. The general terms and conditions applicable to the user are those in effect on the day of their purchase or connection to the application. The publisher is committed to keeping all previous versions of the terms and conditions and providing them to any user who requests them. Unless otherwise required by law, any disputes arising from the execution of these general terms and conditions may, before any legal action, be submitted to the publisher for an amicable resolution. It is expressly stated that requests for amicable resolution do not suspend the deadlines for initiating legal actions. Unless otherwise required by law, any legal action relating to the execution of this contract must be submitted to the competent courts within the jurisdiction of the relevant Court of Appeal.

Consumer Mediation

According to Article L.612-1 of the Consumer Code, it is reminded that "every consumer has the right to use a consumer mediator free of charge to amicably resolve a dispute with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation mechanism." In this regard, Happivents offers its consumer clients, in cases where disputes have not been amicably resolved, the mediation of an approved consumer mediator, whose contact details are as follows: Mediator of the approved mediation center Médicys contact[at]medicys.fr http://www.medicys.fr/index.php/consommateurs/. It is reminded that mediation is not mandatory but is only proposed to resolve disputes while avoiding resorting to legal action.

Article 14 – Use of Cookies and Files Stored on the Device

The term "Cookie" is used here in a broad sense and includes any file stored on the user's device to identify them or to save information permanently on the device. A "Cookie" allows for user identification, customization of their browsing experience, and acceleration of application display by storing a data file on their device. The application may use "Cookies" mainly to 1) allow the application to remember the user's actions and settings, 2) obtain browsing statistics to improve the user experience, and 3) enable access to a member account and content that is not accessible without logging in. The user acknowledges being informed of this practice and authorizes the publisher to use it. The user can refuse the storage of "Cookies" by changing the settings on their device or within the application. However, the publisher cannot guarantee that the application will function as expected in this case and accepts no responsibility for any malfunction of the application.

Article 15 – Payment Information

The user can place an order in the application and make their payment using the credit card information provided to the Store. Payments are made through secure transactions provided by the Store. The application does not have access to any payment data from the user. The payment is processed directly by the Store receiving the customer's payment.

Article 16 – Availability and Waiver of the Right of Withdrawal

The publisher commits to making products available immediately upon purchase. The products offered in the application do not allow the customer to exercise their right of withdrawal, pursuant to Article L.221-28 of the Consumer Code, as they are fully executed services before the end of the legal withdrawal period or digital content not supplied on a physical medium whose execution has begun after the consumer's prior express agreement, and the user has expressly waived their right of withdrawal at the time of purchase. The customer acknowledges having been informed of the non-applicability of the right of withdrawal for their purchases, which will be reiterated during the sales process and will require an explicit waiver from the customer for it to be valid.

Article 17 – Warranty for Products Purchased in the Application

All products purchased in the application benefit from the following legal warranties, provided by the Civil Code: Conformity Guarantee: According to Articles L.217-4 and following of the Consumer Code, the seller must deliver a product that conforms to the contract and is liable for conformity defects existing at the time of delivery. The conformity guarantee applies if a defect was present on the day the product was received. Warranty for Hidden Defects: According to Articles 1641 to 1649 of the Civil Code, the customer may request the application of the warranty for hidden defects if the defects were not apparent at the time of purchase and are serious enough (the defect must either render the product unsuitable for its intended use or significantly diminish its usability to the extent that the buyer would not have purchased it or would have paid a lower price had they been aware of the defect). In the event of non-conformity of a sold product, the seller may provide a refund. All claims or refund requests must be made by postal mail to the following address: 58 rue de Monceau 75008 Paris or by email at contact[at]happivents.app.

Article 18 – Archiving

Happivents will archive order records and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between them.

Article 19 – Framework of the Conditions

If any provision of the General Terms and Conditions is deemed illegal, void, or otherwise unenforceable, that provision shall be considered separable from the Terms and shall not affect the validity and enforceability of the remaining provisions. These terms constitute the entire agreement between the user and the publisher, superseding any prior or contemporary written or oral agreements. The general terms and conditions are not assignable, transferable, or sublicensable by the user. A printed version of the Terms and any notices given in electronic form may be requested in legal or administrative proceedings related to the general terms and conditions. The parties agree that all correspondence related to these general terms and conditions must be written in French.

Article 20 – Notifications

Any notification or notice regarding these general terms and conditions, legal notices, or the personal data charter must be made in writing and delivered in person, by registered or certified mail, by post, or by any nationally recognized courier service that allows regular tracking of shipments, or by email to the addresses specified in the application's legal notices, including the sender's full name, contact details, and subject of the notice.

Article 21 – Claims

Any claim related to the use of the application, the application's social media pages, or the general terms and conditions, legal notices, or personal data charter must be submitted within 365 days from the date of the issue causing the claim, regardless of any contrary law or rule. If such a claim is not filed within the 365-day period, it will be permanently unenforceable in court.

Article 22 – Inaccuracies

It is possible that the application and the products offered may contain, to a limited extent, inaccuracies, errors, or information that conflicts with the general terms and conditions, legal notices, or personal data charter. Additionally, unauthorized modifications may be made by third parties to the application or related services (social networks, etc.). We strive to correct such discrepancies. If such a situation occurs, please contact us by postal mail or email at the addresses provided in the application's legal notices, including a description of the error, its location (URL), and sufficient information for us to contact you. For copyright-related requests, please refer to the section on intellectual property.