Terms of sale and use — Hopado
This English version is provided for information. In case of discrepancy, the French version prevails.
1. Seller
Alban AGUILON, sole proprietor (EI), trading as “AA Digital Learning” (the “Publisher”)
1B rue Baudin, 78500 Sartrouville, France
Versailles Trade Register 843 558 925 — SIRET 843 558 925 00056 — VAT not applicable, article 293 B of the French General Tax Code
Intra-Community VAT number: FR 40 843 558 925
Website: aadigitallearning.fr — E-mail: contact@aadigitallearning.fr — Phone: +33 6 45 26 46 94
2. Purpose
These terms govern the sale to consumers of a licence to use the “Hopado” app (the “App”), as well as its use.
The App is distributed, depending on availability, through Google Play, the App Store, the Samsung Galaxy Store, Huawei AppGallery and the Microsoft Store (the “Store”). The Store’s terms (account, payment, invoicing, refunds) apply in addition.
These terms can be consulted before purchase from the App’s page in the Store, then at any time from within the App (legal notice section). Sales to professionals are subject to specific terms.
3. Features of the App
The App lets you manage a shopping list and a to-do list, in 10 languages. It works without an account, without ads, without in-app purchases and without an Internet connection.
The data entered is stored only on the user’s device. Uninstalling the App or resetting the device erases it: it is recommended to back it up regularly with the “Save” button, then recover it with “Restore”.
Compatibility and system requirements are stated on the App’s page in the Store.
4. Price and payment
The price is the one displayed, all taxes included, on the Store page at the time of purchase. It is a one-time purchase, with no subscription, which includes the updates provided for in article 7.
Payment is collected by the Store, using the payment methods it offers. The purchase receipt is sent by the Store.
5. Delivery and licence
The App can be downloaded as soon as payment is confirmed.
The buyer receives a personal, non-exclusive and non-transferable licence, for private use and for an unlimited period, on the devices linked to their Store account, within the limits of the Store’s rules (including family sharing where the Store offers it).
Where the Store imposes its own standard licence agreement (in particular Apple’s App Store and the Microsoft Store), that agreement governs the licence; these terms supplement it for the sale and the consumer’s rights.
The App remains the property of the Publisher. Any unauthorised reproduction, resale or modification is prohibited, except where permitted by law.
6. Right of withdrawal
The consumer has 14 days from the purchase to withdraw, without giving any reason and at no cost.
However, this right can no longer be exercised once the download has started where, before the purchase, the consumer gave express consent to immediate supply, acknowledged thereby losing the right of withdrawal, and this consent was confirmed to them on a durable medium (articles L. 221-28, 13° and L. 221-13 of the French Consumer Code).
To withdraw, the consumer sends the Publisher, before the period expires, an unambiguous statement (contact@aadigitallearning.fr or the postal address in article 1), for example using the form in the annex, or uses the Store’s refund procedure.
The refund is made no later than 14 days after receipt of the withdrawal, using the payment method used for the purchase, through the Store. The Store’s refund policies remain applicable where they are more favourable.
7. Updates and changes
The updates needed to keep the App in conformity are provided free of charge through the Store, for the period the consumer can reasonably expect. Their availability is announced by the Store.
The Publisher is not liable for a lack of conformity resulting solely from the failure to install, within a reasonable time, an update of which the consumer was informed, nor for the consequences of not installing it.
The Publisher may also offer free updates that change the App, for a valid reason: improving the App, security, compatibility with new systems, adding or adjusting features or languages. The consumer is informed before installation through the Store’s release notes. If such an update negatively affects the consumer’s access to or use of the App, the consumer may decline it or, where applicable, uninstall it (article L. 224-25-26 of the French Consumer Code).
8. Legal guarantees
The consumer has a period of two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity entails the obligation to provide all the updates needed to keep the digital content or digital service in conformity.
The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following the request, free of charge and without significant inconvenience.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:
1° the trader refuses to bring the digital content or digital service into conformity;
2° bringing the digital content or digital service into conformity is unduly delayed;
3° bringing the digital content or digital service into conformity cannot be done without costs imposed on the consumer;
4° bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;
5° the lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious that it justifies immediate price reduction or termination. The consumer is then not required to first request that the digital content or digital service be brought into conformity.
Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be raised to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.
Mandatory notice: annex to article D. 211-3 of the French Consumer Code (translation provided for information).
9. Personal data
The Publisher collects no personal data through the App: the data stays on the user’s device. The Store processes purchase-related data under its own policy.
The App’s privacy policy can be consulted from within the App (legal notice section) and on its page in each Store.
10. Complaints and mediation
Any complaint must be sent in writing to contact@aadigitallearning.fr or to 1B rue Baudin, 78500 Sartrouville, France.
Failing a satisfactory solution, the consumer may refer the matter free of charge to the consumer mediator the Publisher is affiliated with:
CM2C (Centre de la médiation de la consommation de conciliateurs de justice) — 49 rue de Ponthieu, 75008 Paris, France — www.cm2c.net
The mediator can only be contacted after a prior written complaint to the Publisher, and within one year of that complaint.
11. Applicable terms and language
The applicable terms are those in force on the date of purchase. They are written in French; in the event of a translation, the French version prevails.
12. Applicable law
These terms are governed by French law, without depriving the consumer of the protection of the mandatory provisions of the law of their country of residence. In the event of a dispute, the competent courts are those designated by law.
Annex — Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Alban AGUILON, EI — AA Digital Learning, 1B rue Baudin, 78500 Sartrouville, France — contact@aadigitallearning.fr:
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following digital content: the Hopado app
- Purchased on: …
- Store and order number (shown on the receipt): …
- Name of consumer(s): …
- Address of consumer(s): …
- Signature of consumer(s) (only if this form is notified on paper): …
- Date: …
(*) Delete as appropriate.