General terms and conditions of sale
Updated on September 23, 2022
These general terms and conditions of sale ("GTC") apply to all services that the Customer may be required to order from Dokeop SAS ("Dokeop"), with a capital of €21,000, registered in the Registre du Commerce et des Sociétés de Nantes under the number 851 030 429 and whose head office is located at 9 La Pinarderie - 44450 Divatte-sur-Loire - France.
Any service performed by Dokeop therefore implies the Customer's unreserved adherence to these GTC.
The definitions in the General Terms of Use ("T&Cs") appearing on the Website published by Dokeop, accessible at the URL www.dokeop.com are applicable to these TOS.
The Customer means the Organizer, the Club, the Federation that uses the Services offered by Dokeop and that uses the Application for the management of Supporting Documents relating to a registration to a Sports Event or a request for a first License or renewal of a License in a Club.
The Sporting Event may be organized:
- Either, directly by the natural or legal person holding the Organizer account on the Application.
- Or, by a third party organizer, who entrusts the natural or legal person holding the Organizer account on the Application, the management of the Supporting Documents.
Taking a License in Club can be managed:
- Either, directly by the natural or legal person holding the Club account on the Application.
- Or, by the Delegating Federation, which entrusts the natural or legal person holding the Club account on the Application, the management of the Supporting Documents.
Dokeop reserves the right to modify these T&Cs at any time by publishing a new version on the Website www.dokeop.com. The T&Cs are those in effect at the date of validation of the Customer's order by Dokeop. Customers who do not do not wish their contractual relationship with Dokeop to be governed by the new version of the T&Cs applicable to any new order applicable to any new order, shall cease using the Dokeop Services.
Article 1. Contractual Documents
The Contract (i.e., the set of contractual documents), the authentic language of which is French, is constituted by the following set of contractual documents listed in order of priority:
- the present GTC;
- T&Cs;
- the Privacy Policy ;
- the Cookie Management Policy;
- the quote(s) accepted by the Customer.
In the event of a contradiction between one or more stipulations contained in any document, the document of higher rank will prevail.
Customer expressly agrees that information sent during the performance of the Contract may be transmitted by electronic mail. Customer agrees to registered letters addressed by electronic means.
Article 2. Purpose
The purpose of these T&Cs is to govern the contractual relationship between Dokeop and Customer relating to orders placed by the Customer.
Customer declares that it has read these T&Cs before validating the order. The validation of the order is therefore worth acceptance without restriction or reservation of these GTC by the Customer.
Article 3. Taking effect - Duration
The Contract takes effect on the date of the Customer's validation of these GTCs: the validation of the box " Accept" by the Customer when creating his account constitutes an express acceptance by the Customer of the GTC and an irrevocable order form. The Contract shall remain in force for the entire period necessary for the execution of the Supporting Documents management service by Dokeop.
Article 4. Order Process
4.1 Placement of order
4.1.1 Reserved space
The Customer creates an "Organizer" account, a "Club" account or a "Federation" account on the Dokeop Site via the account creation form.
The information requested must be filled in when indicated as mandatory or followed by an asterisk. Other requested information is optional. If you do not provide the mandatory mandatory information, Dokeop will not be able to finalize the creation of the Customer's account.
Account creation constitutes acceptance of the TOU, T&Cs, Privacy Policy and Cookie management of cookies appearing on the Site.
The login and password defined by the Customer are strictly personal and non-transferable.
The Customer is therefore solely responsible for their use.
In particular, the reserved area allows Customer to monitor the status of verification of the Supporting Documents Supporting Documents by Dokeop and to follow the status of the provisional invoicing. This reserved area also allows the Customer to modify personal information related to its structure, individual or legal entity (such as information related to information related to billing) and manage the members of his structure.
4.1.2 Contractual information
Customer, if an Organizer, must provide Dokeop with the following information, either through the Registration Platform, or from its Organizer space:
- Description of the Sports Event;
- Details of different race formats, if any;
- Date of the Sporting Event;
- Discipline and Federation involved;
- Deadline for submission of Supporting Documents by Participants for each race, if applicable;
- Estimated number of Participants.
It is specified that the deadline for submission of Supporting Documents may be changed one (1) time only up to one (1) month prior to the Supporting Documents submission deadline initially filled in.
The deadline for submitting Supporting Documents shall be no later than the last business day at noon that preceding the Event.
It is also specified that the submission of Supporting Documents will be possible after the deadline for submission ; however, in this event, the processing of Supporting Documents will not be guaranteed on the date of the Event if the filing occurs less than twenty-four (24) hours prior to such Event.
Customer, if a Club, shall provide Dokeop with the following information, either through the Management Platform, or from its Club space:
- Club description (corporate form, contact information);
- Details of the different sections;
- Date of the sports season;
- Discipline and federation involved;
- Deadline for submission of Supporting Documents by Athletes;
- Forecast number of Licensees for the sports season.
It is specified that the deadline for submitting Supporting Documents can be changed once only up to one (1) month before the deadline for submitting Supporting Documents initially filled in.
4.1.3 Fees
4.1.3.1 Organizer Rate
The price per registration for an Event is set at the rate of €0.64 excluding VAT per registration.
It is specified that a registration is charged even if no Supporting Document has been filled in by the Participant.
The implementation of the service is invoiced in the form of a fixed price of 150€ HT per event.
4.1.3.2 Club or Federation Rates
The price for an application for a first License or for a renewal of a License requiring a deposit of Document Justificatif is set at the rate of 0.34 € excluding VAT per request for a License or License renewal.
It is specified that a License application or renewal requiring the filing of a Supporting Document is charged even if no Supporting Document has been filled in by the Athlete.
For an application for a first License or License renewal indicated as not requiring a Supporting Document Justificatory Document, it is not charged.
4.1.3.3 Out of Territory Delivery
In the event of a service performed outside French territory, all formalities to be completed, all taxes, taxes, duties or others that would be payable on the price of the services, in application of the regulations in regulations in force (intra-community regulations, regulations of an importing country or a country of transit, etc...) are the exclusive responsibility of the Customer, unless otherwise provided by law or regulation.
4.2 Order Confirmation
It is the Customer's responsibility to verify that Dokeop's offer matches their needs before confirming their order.
4.3 Order Acceptance
Dokeop reserves the right to accept or not accept orders placed via the Registration Platforms offering the Dokeop Service to the Customer without the Customer being able to claim any any compensation to Dokeop in the event of refusal.
Customer shall ensure that the registration site with which it collaborates to manage registrations for its Event or taking a License is compatible with the Dokeop Platform. The list of registration sites compatible with Dokeop can be found on the www.dokeop.com Site.
The Customer has a right of withdrawal of fourteen (14) days in accordance with Article L221-18 of the Code de la Code of Consumption.
Article 5. Execution of the order
Once the Event or the application form for the first License or License renewal is created by the Customer, Dokeop will collect, verify and archive the Supporting Documents (as defined in the TOU and in the manner the terms of the Privacy Policy) of Athletes registering for the Event or requesting a first License or renewal of a first License or renewal of a License.
Dokeop shall be responsible for managing Athlete Supporting Documents only on the Application and within the timeframe agreed upon with the Customer.
In order to proceed with the verification of the Supporting Documents, Dokeop respects the provisions of the Sport Code and the regulations of the federations concerned, where applicable.
It is specified that any Supporting Document filed by an Athlete shall comply with the requirements of the Code of Sport and/or the regulations of the federation of the discipline concerned and/or the regulations of the Sporting Event.
These requirements are recalled in the GTC.
Dokeop accepts Supporting Documents written in French and in a foreign language accompanied by a translation French translation.
Article 6. Delivery
On the day of the Event or on the day following the end of the period for taking the first License or renewing the License, the Customer receives by email a link allowing him to download all the Supporting Documents as a zip archive. Dokeop will keep this archive for a period of three (3) years from the date of the date of the Event or the date of the end of the License period.
Article 7. Payment and terms of payment
There are two payment methods depending on the operation of the Registration Platform and the type of Customer.
7.1 "Organizer" Customer - Payment on the date of the Event
In this payment method, the third party invoiced is the Customer.
After the creation of its Event and the setting of the deadlines for submission and the forecast number of Participants per race, if applicable, the Customer will have to pay a deposit of an amount equal to 30% of the forecast number of number of Participants multiplied by the current rate, as mentioned in article 4.1.3 of these GTC. The deposit will then be deducted from the total amount shown on the final invoice issued on the day of the Sports Event.
Payment will be made by check payable to Dokeop SAS or by bank transfer to Dokeop's bank account upon receipt of the invoice by the Customer.
7.2 "Organizer" Customer - Payment at registration creation
In this payment method, 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 4.1.3.1 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 to the Registration Platform.
7.3 "Club" Customer - Quarterly Payment
In this payment method, the third party billed is the Club.
After the creation of the sections and associated seasons, the Customer receives a quarterly invoice corresponding to the number of License applications taken over the period multiplied by the current rate, as mentioned in article 4.1.3.2 of these T&Cs.
Payment shall be made by check payable to Dokeop SAS or bank transfer to Dokeop's bank account upon receipt of the invoice by the Customer.
7.4 "Federation" customer - Quarterly settlement
In this settlement method, the third party billed is the Federation.
The Customer receives a quarterly invoice corresponding to the number of License applications taken over the period by the Clubs having created a section affiliated to the Federation, multiplied by the rate in force, as mentioned in Article 4.1.3.2 of these T&Cs.
Payment shall be made by check payable to Dokeop SAS or bank transfer to Dokeop's bank account upon receipt of the invoice by the Customer.
Dokeop may change the price of the Services. However, any changes in pricing will only be applicable only after a minimum period of days following receipt of notification from Dokeop, sent by email or as a push notification.
7.5 Refund Terms
All registrations or licensees requiring a Supporting Document to be submitted are due and billed. In case of payment of the 30% deposit mentioned in paragraph 7.1, if the amount of the deposit is greater than the amount invoiced then the difference is refunded in the form of a credit note valid for two (2) years from the date of date of cancellation. If the amount of the deposit is less than the amount invoiced, a balance invoice corresponding to the difference is issued on the date of cancellation. difference is issued on the date of cancellation.
7.6 Unpaid Invoice
Any invoice unpaid on its due date will automatically incur interest for late payment calculated by applying a rate equal to three times the legal interest rate to the entire amount due by the Customer. This interest shall be payable as of the day following the due date of the invoice, without any formality or prior formalities or formal notice. In addition, the Customer shall reimburse all costs incurred by the contentious recovery of the sums of the sums due, the price of which is fixed by the Commercial Code at 40 euros for professional customers.
Article 8. Responsabilités
8.1 Service client / réclamations
Les réclamations, questions, demandes de renseignements concernant les commandes passées via le Site www.dokeop.com peuvent être transmises par e-mail à l'adresse contact@dokeop.com. Dokeop fera ses meilleurs efforts pour répondre à toutes questions dans les meilleurs délais.
Aucune réclamation effectuée par le Client ne peut pour avoir pour effet de suspendre le paiement par ce dernier des commandes concernées.
8.2 Responsabilité de Dokeop
Dokeop est un tiers extérieur à la relation commerciale existant entre (i) l’Organisateur et les Participants à l’Évènement Sportif (ii) l’Organisateur et la Plateforme d’Inscription (iii) le Club et ses licenciés et (iv) le Club et la Plateforme de Gestion. Le Client confie à Dokeop la gestion des Documents Justificatifs via sa Online Platform. Its missions with Customer are as follows:
- Collect the Supporting Documents of the Athletes registered for the Sporting Event or registered in a Club.
- Check that the Supporting Documents comply with the rules of the Sporting Event and/or the rules of Federation concerned and/or the legislation in force as the case may be.
- Regularly follow up by email with Athletes who have not yet submitted their Supporting Documents.
- Communicate the status of each verified Supporting Document to the Organizer of the Sporting Event or to the Club or to the Federation: Waiting for verification / Validated / Refused.
- Communicate the status of each Registration (Dokeop side) to the Organizer of the Sporting Event or to the Club or to Federation: Waiting for document / Waiting for new document / Waiting for verification / Validated / Refused / Cancelled.
- Archive the Supporting Documents on a secure server.
As noted above, Dokeop will not assume any liability for validation of an inauthentic or falsified Supporting Document. authentic or falsified.
Dokeop does not guarantee performance in accessing the Website www.dokeop.com due to the lack of control over the Internet network and the characteristics of the equipment implemented by the Customer.
Dokeop shall in no event be liable for any consequential damages resulting from Customer's failure to perform its obligations, nor for indirect damages related to the use of the Site www.dokeop.com insofar as such damages cannot be linked to any fault of Dokeop. Consequential damages shall also include loss of sales, margins, profits, orders, customers, operations, or any other loss or damage that may result from the use of the Site. customers, operations, or damage to brand image and action by third parties.
Dokeop can in no way be held responsible for the speed observed on the Internet network or for viruses existing on the network having infected elements; as such, its responsibility stops at the output of the routers IP routers installed by the link providers on the place of operation of its servers.
In addition, Dokeop shall not incur any liability of any kind for failure to comply with its obligations when such non-compliance results from a case of force majeure as defined by French laws and including acts of sabotage or malice on the part of third parties, fire, war, acts of terrorism, or acts of terrorism, riots, power cuts, telecommunication networks, climatic conditions of an exceptional nature telecommunication networks, exceptional and unforeseeable weather conditions, landslides, floods. If the case of force majeure continues for more than fifteen (15) days following its occurrence, Do following its occurrence, Dokeop may terminate the Customer's order by right by notifying it by any means at its disposal. its disposal.
8.3 Customer's Responsibility
Customer assumes all responsibility for the Events it organizes and/or the Licenses it markets, for the validation of the Athletes' registrations as well as the elements transmitted to Dokeop and put online on its space.
Article 9. Personal Data
All Personal Data transmitted directly and/or indirectly by the Customer to Dokeop are strictly confidential and are used by Dokeop to perform operations related to the proper functioning of the Site Dokeop Site. For complete information on the processing of Personal Data, Dokeop invites you to consult its Privacy Policy accessible on the Site www.dokeop.com.
With respect to the joint processing of Personal Data (as defined in the Privacy Policy) and Supporting Documents (as defined in the GCU) by Customer and Dokeop the conditions of the GDPR and the applicable national data protection laws of France apply. Customer and Dokeop are qualified as joint controllers in accordance with Art. 26 of the GDPR. The joint controllers process the Personal Data and Supporting Documents as defined in the Privacy Policy and the GCU for the purposes determined in the respective agreements of each controller with respect to the participants and in accordance with the services and duties determined in these GTCS with respect to the relation between Customer and Dokeop. Data subjects are the participants or athletes as defined in the GCU.
Dokeop will make available to the data subjects whose Personal Data and Supporting Documents are jointly processed a description of the essence of this article. This description shall enable the data subjects to exercise their rights, as laid down in the GDPR and any other applicable data protection law. The joint controllers agree that responsibilities for the fulfilment of the rights of the data subjects pursuant to Art. 13 to 22 GDPR and for the execution of a data protection impact assessment is the responsibility of each controller, as determined in the regulations of this GTCS and the GCU and result from the agreed services of each controller in relation to the data subject. That information is provided to the data subject within the respective privacy policies of Dokeop and Customer. The joint controllers will assist each other in the fulfilment of these responsibilities. Where an independent action of one of the controllers is needed for the fulfilment of the obligations, this controller will take action without undue delay upon request of one of the other controllers. This includes, but is not limited to, the provision of all relevant information for the fulfilment of notification obligations and the assessment and fulfilment of the rights of data subjects pursuant to Art. 15 to 22 GDPR. Each controller will implement and maintain appropriate technical and organizational measures compliant with Art. 24 and 32 GDPR. These measures shall be evaluated and updated when necessary. The joint controllers shall assist each other, as far as applicable and necessary, in maintaining their separate processing records pursuant to Art. 30 GDPR. In case of a data breach, the joint controllers will work together and assist each other in fulfilling their obligations pursuant Art. 33 and Art. 34 GDPR. The joint controllers will notify each other without undue delay of any requests or inquiries of data subjects, supervisory authorities or third parties and of any incident, which may be of relevance for the respective responsibilities of the Parties pursuant to this agreement.
The joint controllers shall be jointly liable for damages of concerned data subjects according to Art. 82 GDPR. The Parties shall be liable for the entire damage caused by joint processing which infringes the GDPR. Each controller shall be exempt from liability under this agreement if they prove to not be in any way responsible for the event giving rise to the damage. Each controller shall be entitled to claim back from the other joint controllers that part of the compensation corresponding to their part of responsibility for the damage.
Article 10. Evidence Agreement
The computerized records kept in Dokeop's computer systems are considered proof of the communications and transactions that have occurred between Customer and Dokeop.
Customer further expressly acknowledges that all validations/acceptances made online constitute an electronic signature which has, between it and Dokeop, the same value as a handwritten signature.
The use, even if fraudulent, of the Customer's login and password commits the Customer to pay for the services the services ordered, at the expense of the latter to turn against the real author of the order unless he can demonstrate that the demonstrates that the knowledge of his login and password results from a fault of Dokeop.
Article 11. Termination
It is expressly agreed that in the event of non-compliance, by either Party, with an obligation incumbent upon it under the terms of the Contract, the non-defaulting Party may send to the defaulting Party, by registered letter with a request for acknowledgement of receipt, a notice to the defaulting Party to remedy its shortcomings. If, upon thirty (30) days from the first presentation to the defaulting Party of the said notice, the latter remains without effect, the the non-defaulting Party shall have the right to terminate the agreement by operation of law with immediate immediate effect and without further formality the Contract, without prejudice to any claim for damages.
Article 12. Promotion / Commercial Reference
Customer warrants to Dokeop that it holds, either directly the quality of holder, owner or indirectly the quality of licensee, of all intellectual or industrial property rights relating to its Site, its name, its brands, logos, designs and models.
Customer authorizes Dokeop to use its name, trademarks, logos, designs and models free of charge to be reproduced and distributed online on the Site www.dokeop.com for promotional, bibliographic and/or informational purposes.
Article 13. Applicable Law/Disputes
The T&Cs, the T&Cs, the Privacy Policy, the Cookie Management Policy and any possible quotation are governed by French law.
In the event that one or more of the clauses herein should be rendered null and void under a rule of law in force or a judicial decision that has become irrevocable, the other stipulations shall retain all their force and scope. force and scope.
In the event of any difficulty in the interpretation of any title or clause herein, the content of the clause shall prevail over the title.
In case of dispute and after an attempt to find an amicable solution, the Customer and Dokeop assign jurisdiction to the court of the place of residence of the defendant or, at the choice of the defendant, the place of performance of the service.
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