General terms and conditions of sale
Updated on April 01, 2021
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 Customer means the Organizer who uses the Services proposed by Dokeop. As a reminder it means the natural or legal person, the association or any other structure that uses the Application to manage the Supporting Documents of a Sports Event.
This Event can be organized:
- either directly by the natural or legal person holding the Organizer account on the Application.
- either by a third party organizer, who entrusts the natural or legal person holding the Organizer Account on the Application with the management of the Supporting Documents.
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 Reserved space
The Customer creates an Organizer account on DOKEOP via the account creation form.
The requested information must be provided when it is indicated as mandatory or followed by an asterisk. Other requested information is optional. Failure to communicate the mandatory information, Dokeop will not be able to finalize the creation of the Customer's account.
The creation of an account implies acceptance of the general conditions of use and sales. The login and password defined by the Customer are personal to the latter. The latter is therefore solely responsible for their use giving him access to a space reserved for him.
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.
4.1.2 Contractual information
The Customer must provide Dokeop with the following information, either through the Registration Platform or from its Organizer space :
- Description of the Event
- Details of the different race formats
- Date of the event
- Discipline and federation involved
- Deadline 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.
The date and time limit for submitting Supporting Documents is the last working day at noon preceding the event.
It is also specified that the submission of Supporting Documents will be possible after the deadline but that the processing of the documents is not subject to the same conditions as the submission of documents by the applicant. guaranteed on the date of the event if the deposit is made less than 24 hours before the event.
Dokeop offers a rate of €0.54 excluding VAT per registration for the Event indicated as requiring a deposit of supporting documents. A registration requiring a deposit of a supporting document is invoiced even if no Supporting Document has been received from the Participant.
For a registration indicated as not requiring any supporting documents, it will not be invoiced.
188.8.131.52 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, the disciplines concerned and the sports federations that govern these disciplines.
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 Customer 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 Customer:
its mission cannot be extended to the site of the Sports Event.
In 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 meet the requirements of the law on sport and the regulations of the federation of the discipline concerned. In the case of a medical certificate, it must mention in particular the absence of contraindication to the practice of the sport (and optionally the practice of the discipline concerned) in competition, be dated less than one year before the date of the competition and must include the signature and stamp of the doctor who conducted the examination of the Participant. Dokeop accepts Supporting Documents written in French and in a foreign language accompanied by a French translation.
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:
- Last Name/First name of the Participant
- Type of document (medical certificate/sport licence/pass/...)
- Information on the document
- Date of the medical appointment
- Last 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 of the information entered and/or authenticity of the Document Justificatif, the Participant may not claim against Dokeop, or against the Customer, 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 Customer and/or the registration platform the status of the registration (Waiting document / Waiting new document / Waiting check / Validated / Refused / Cancelled), and the Document(s) Document(s) submitted by the Participant (Waiting check / Validated / Refused). Only the Customer 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 Customer 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 Customer 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 Customer 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 Customer in its regulations - is less than one week
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
There are two modes of payment detailed below according to the operation of the Registration Platform.
7.1 Payment at the date of the event
In this mode of payment, the third party invoiced is the Customer.
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 4.1.3 of these GTCS.The deposit will then be deducted from the total amount on the final 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.
7.2 Payment at the creation of the registration
In this mode of payment, the third party invoiced is the Registration Platform.
The transmission of a registration requiring a supporting document is accompanied by a payment of the amount mentioned in article 4.1.3 of these GTC. This payment will be made directly by the Registration Platform by bank transfer to the account of DOKEOP or via the online payment service Stripe.
A final invoice will be issued on the date of the Event at the Registration Platform.
7.3 Unpaid Invoice
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 ;
- To verify that these Supporting Documents comply with the rules of the Sporting Event as well as with the legislation in force ;
- Follow up regularly by email with Participants who have not yet submitted their Supporting Document;
- Communicate to the Client and/or the registration site the status of the registration (Waiting document / Waiting new document / Waiting check / Validated / Refused / Cancelled), and of the Supporting Document(s) submitted by the Participant (Waiting check / Validated / Refused) ;
- 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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