General terms and conditions of sale
Updated on 23 October 2019
These general terms and conditions of sale (hereinafter, "GTCS") apply to all services that the Customer may provide.
to be ordered from Dokeop SAS (hereinafter referred to as "Dokeop"), with a capital of €1,000, registered to the Nantes Trade and Companies Register under number 851 030 429 and whose registered office is located at 9 la Pinarderie - 44450 Divatte-sur-Loire.
The definitions contained in the General Terms and Conditions of Use are set out herein.
The Client refers to the Organiser who uses the Services offered by Dokeop.
Article 1. Contractual documents
The Contract (i. e. all contractual documents), the authentic language of which is French, consists of all contractual documents in order of priority:
- the present GTCS ;
- the General Terms and Conditions of Use ;
- the quotation(s) accepted by the Client.
In the event of any inconsistency between one or more provisions contained in any document, the higher ranking document shall prevail.
The Client expressly accepts that information sent during the performance of the Contract may be transmitted to him by e-mail. The Client also expressly accepts the use, in the context of the performance of the Contract, of registered letters by electronic means.
Article 2. Object
The purpose of these GTCS is to govern the contractual relationship between Dokeop and the Customer in the execution of the order placed by the Customer: by choosing to entrust Dokeop with the management of the Supporting Documents of Participants in Sports Events, the Client accepts all the clauses and conditions of these GTCS, without reservation or restriction.
Article 3. Effective date duration
The Contract takes effect on the date of validation by the Client of these conditions: the validation of the "Accept" box by the Client when creating his account constitutes an express acceptance by the Client of the General Terms and Conditions and an irrevocable purchase order. The Contract shall then remain in force for the entire duration necessary for the performance the management of Supporting Documents by Dokeop.
Article 4. Order process
4.1 Placing the order
4.1.1 Espace réservée
The customer receives an email invitation from Dokeop with a link to the account creation form.
The information requested must be communicated when preceded or followed by an asterisk. Other requested information is optional. If the required information is not provided, Dokeop will not be able to process the Customer's order.
Dokeop sends the Customer an email containing a link to the account creation form. The customer must then access the form, define its username and password and accept the general terms and conditions of use and sales. The identifier and password defined by the Client are personal to the latter.The latter is therefore solely responsible for their use, giving him access to a space reserved for him or her.
This reserved space allows the Client to follow the progress of the verification of the Supporting Documents by Dokeop and to follow the status of the provisional invoicing. This reserved space also allows to modify information related to the organization(such as billing information) and manage the members of its Organization.
The Customer must provide Dokeop with the following information:
- Description of the Event
- Details of the different race formats
- Date of the event
- Period for the start and end of the submission of Supporting Documents by Participants for each race.
- Estimated number of registrations
It is specified that the deadline for the submission of Supporting Documents may be changed once only up to one month before the deadline for submission of the Supporting Documents initially filled in. It is also specified that the filing of Supporting Documents will be possible after the filing deadline but that the processing of the application will result in an increased fee (see Tariffs)
126.96.36.199 Launch price
Dokeop offers a launch price, for a first Event created on the Platform, at €0.25 ex VAT per processed registration. A processed entry is an entry that has received at least one Supporting Document from the Participant and having been verified by Dokeop at the latest the day before the competition.
188.8.131.52. Normal price
From the Customer's second Event onwards, the rates are as follows:
- 0,49 € ex VAT per processed registration.
- 0,49 € ex VAT per processed registration when the supporting Document filed is a "Dokeop model" from the medical certificate model generator
Dokeop offers a model medical certificate in French and English ("Dokeop model") that the participant can download for signature and stamping by his/her doctor. This model meets the requirements of the sports law and the regulations of the federations.
184.108.40.206 Increased price
For each registration whose last document was submitted after the deadline for submission, Dokeop charges a fee of €0.75 ex VAT.
220.127.116.11 Out-of-territory delivery
In the event of delivery outside French territory, any formalities to be carried out, any taxes, duties or other charges that may be payable on the price of the services, in accordance with the regulations in force (intra-Community regulations, regulations of an importing country or a transit country, etc.) are the exclusive responsibility of the Customer,unless otherwise provided by law or regulation.
4.2 Confirmation of the order
It is the Customer's responsibility to verify that the Dokeop offer corresponds to its needs, constraints and destination, its information relating to the organisation and the event, in particular when it specifies the deadlines for filing and the sports federation to which the event it organises belongs.
4.3 Acceptance of the order
Dokeop reserves the right to accept or not irrevocable orders placed via the registration platforms offering the Dokeop service to the organisers without the Client being able to claim any compensation from Dokeop in the event of refusal.
The Client must ensure that the registration platform with which he collaborates to manage the registration of his Event is compatible with the Dokeop Platform. The list of registration sites compatible with Dokeop can be consulted on www.dokeop.com.
The Customer has a right of withdrawal in accordance with Article L 121-16-1 of the Consumer Code.
Article 5. Execution of the order
Once the event has been created by the Client, Dokeop collects, verifies and archives the Supporting Documents (as defined in the General Terms and Conditions of Use) of Participants registering for the Event.
Dokeop is responsible for managing the Participants' Supporting Documents only on the Application and within the deadlines agreed with the Organiser:
its mission cannot be extended to the site of the Sports Event.
AIn order to verify the Supporting Documents, Dokeop complies with the regulatory framework set by the federation delegating the discipline subject to the Event created by the Client and the sports law (article L231-2-1 of the sports code). It is specified that any Supporting Document submitted by a Participant must mention in particular the absence of any contraindication to the practice of sport (and optionally the practice of the sport concerned) in competition, less than one year old at the date of the competition and bear the signature and stamp of the doctor who carried out the Participant's examination. Dokeop accepts Supporting Documents in French and English.
In accordance with the above-mentioned laws and regulations, Dokeop validates the Supporting Documents in accordance with the legislation in force at the time of registration and reserves the right to refuse any Supporting Documents that it deems non-compliant.
In order to prevent the risk of fraud, Dokeop asks the Participants in the event to guarantee the authenticity of the Document Justificatif it deposits on Dokeop, as well as the accuracy of the information entered at the time of filing:
- Nom/First name of the Participant
- Type of document (medical certificate/sport licence/pass/...)
- Information on the document
- Date of the medical appointment
- Name/First name of the doctor who declared him/her fit to participate in Events as well as his RPPS number of the said doctor. This number is a unique eleven-digit identifier that the health professional keeps throughout his or her career, issued at the time of affiliation to the Health Insurance.The RPPS number is available at : https://annuaire.sante.fr.
In the absence of accuracy and/or authenticity of the Document Justificatif, the Participant may not claim against Dokeop, or against the Organiser, in particular in the event of an accident occurring during his participation in a Sports Event.
Dokeop reserves the right to refuse any document it deems suspicious and possibly falsified with regard to a bundle of clues. It is recalled in this respect that the production of a false medical certificate constitutes an offence of forgery and use of forgeries: Article 441-1 of the Criminal Code punishes this offence with a penalty of up to three years' imprisonment and a fine of 45,000 euros.
Dokeop is not responsible for validating the registration of a Participant to an Event sports but only to communicate to the Organiser and/or the registration platform the status of the registration (Waiting document / validated / refused / cancelled), and the Document(s) Document(s) submitted by the Participant (waiting for validation / validated / refused). Only the Organiser can validate the registration of a participant on the Registration Platform and is free to validate the registration of a Participant whose Justification Document was rejected by Dokeop, without Dokeop's liability being engaged.
Dokeop provides the Organiser with a dashboard enabling it to monitor the progress of the submission of Supporting Documents, to have access to the said documents, consult the status of the provisional invoice and consult the validation statistics. In addition, Dokeop manages relations with Participants for the submission of their Supporting Document.
Once the Justification Document has been submitted to the Platform, Dokeop commits to the following processing times:
- ess than 14 working days if the period between the filing date of the Document and the deadline for filing Documents - set by the Organiser in its regulations - is more than one month
- Less than 4 working days if the period between the filing date of the Document and the deadline for filing Documents - set by the Organiser in its regulations - is more than one week and less than one month
- Less than 24 hours if the period between the filing date of the Document and the deadline for filing Documents - set by the Organiser in its regulations - is less than one week
It is specified that the filing deadline may not be less than 24 hours before the date and time of the event so that Dokeop can guarantee the above-mentioned processing times.
Article 6. Realization
On the day of the event, the Client receives by email a link allowing him to download all the Supporting Documents as a zip archive. The storage period by Dokeop of this archive is three years from the date of the event.
Article 7. Payment
After the creation of its Event and the setting of the deadlines for submission and the estimated number of participants per race, the Client must pay a deposit of an amount equal to 30% of the estimated number of Participants multiplied by the current rate, as mentioned in article 4.1.2 of these GTCS.The deposit will then be deducted from the total amount on the invoice issued on the day of the event.
Payment will be made by cheque or bank transfer, as soon as the invoice is received by the Customer.
Any invoice unpaid on its due date shall automatically give rise to interest for late payment calculated by applying a rate equal to three times the legal interest rate to all sums due by the Client. Such interest shall be payable from the day following the due date of the invoice, without prior formality or formal notice. In addition, the Client shall reimburse all costs incurred by the contentious recovery of sums due.
Article 8. Responsability
8.1 Customer service / complaints
Complaints, questions, requests for information concerning orders placed via the website www.dokeop.com can be sent by e-mail to email@example.com. Dokeop will do its best to answer all questions as soon as possible.
No complaint made by the Customer may have the effect of suspending payment by the latter of the orders concerned.
8.2 Dokeop's liability
Dokeop is a third party outside the commercial relationship between the Client and the Participants in the Sports Event and between the Client and the Registration Site. The Client entrusts Dokeop with the management of Supporting Documents via its online Platform.Its missions with the Client are to:
- Collect the Supporting Documents of the Participants registered for the Sports Event
- Verify that these Supporting Documents comply with the regulations of the Sports Event as well as with the legislation in force.
- Regularly send an email to Participants who have not yet submitted their Supporting Document
- Communicate the status of each Verified Document to the Organizer of the Sports Event: valid / invalid / missing/li>
- Archive these Supporting Documents on a secure server
As mentioned above, Dokeop will not assume any responsibility in the event of validation of an inauthentic or falsified Supporting Document.
Dokeop does not guarantee the performance in accessing the website www.dokeop.com due to the lack of control of the Internet networkand the characteristics of the equipment used by the Customer.
Dokeop shall in no event be liable for damages resulting from a failure to perform the Customer's obligations, nor indirect damages related to the use of the site www.dokeop.com insofar as these damages cannot be linked to any fault of Dokeop.By indirect damage,it should also be understood as losses in turnover, margins, profits, orders, customers and operations, or brand damage and the actions of third parties.
Dokeop cannot under any circumstances be held responsible for the speed observed on the Internet network or for viruses existing on the network that have infected elements; as such, its responsibility stops when the IP routers installed by the link providers leave the site where its servers are operated.
In addition, Dokeop shall not be liable in any way whatsoever for failure to comply with its obligations when such failure results from a case of force majeure such as as defined by French laws and jurisdictions, including acts of sabotage or malicious acts by third parties, fires, war situations, acts of terrorism, riots, power outages, telecommunications networks, exceptional and unpredictable weather conditions, landslides, floods. If the case of force majeure continues for a period of more than fifteen (15) days following its occurrence, Dokeop may automatically terminate the Customer's order by notifying it by any means at its disposal.
8.3 Customer responsibility
The Client assumes all responsibility for the Events it organizes, for the validation of Participants' registrations and for the elements transmitted to Dokeop. and put online on his space.
Article 9 Convention of proof
The computerized records kept in Dokeop's computer systems are considered as evidence of communications and transactions that have occurred between the Client and Dokeop.
The Client further expressly acknowledges that all validations/accepts made online constitute an electronic signature that has, between him and Dokeop, the same value as a handwritten signature.
Does the fraudulent use of the Customer's username and password commit the Customer to pay for the services ordered? it is up to him to turn against the real author of the order.
Article 10 Termination of contract
In the event of failure by Dokeop or the Customer to comply with its obligations not remedied within 30 (thirty) days of receipt of the registered letter with acknowledgement of receipt notifying the defaults in question, the Customer or Dokeop may consider the contract as automatically terminated, without prejudice to any damages to which he or she may be entitled.
Article 11 Promotion / Commercial reference
The Client authorizes Dokeop to use its name, image, trademarks... in order to be reproduced and distributed online on the site www.dokeop.com and on the social medias of Dokeop for promotional purposes,bibliographic and/or information.
Article 12 Applicable law / Disputes
The General Terms and Conditions of Use, these General Terms and Conditions of sale and any quotations are governed by French law.
In the event that one or more of the clauses of the present contract are null and void with regard to a rule of law in force or a judicial decision that has become irrevocable, the other stipulations would retain all their strength and scope.
In the event of any difficulty in interpreting any title or clause herein, the content of the clause shall prevail over the title.
In the event of a dispute and after an attempt to find an amicable solution, the Client and Dokeop confer jurisdiction on the court of the defendant's place of residence or, at the defendant's choice, that of the place where the service is performed.
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