1. Purpose
These Terms of sale govern the sale, by Ethan Morisset (the “Seller”), of credit packs used to run automated Maestro tests on the infrastructure of the Maestro Deck Service, available at https://dashboard.maestrodeck.cloud. Placing an order implies full and unreserved acceptance of these Terms.
2. Seller
- Ethan Morisset — sole proprietor (French auto-entrepreneur)
- 107 rue Ambroise Croizat, 94800 Villejuif, France
- SIREN: 105 136 501 — SIRET: 105 136 501 00019
- VAT not applicable, article 293 B of the French Tax Code (VAT exemption scheme)
- Contact: contact@maestrodeck.cloud
3. Products
The Service sells packs that allow running a set number of Maestro tests (“runs”), with a maximum run duration and a daily cap specific to each pack. The details of each pack (name, price, number of runs included, maximum duration, daily cap, validity period) are shown on the Service's billing page at the time of the order and are authoritative.
4. Prices
Prices are stated in euros (€). Under article 293 B of the French Tax Code, prices are net of VAT. The Seller reserves the right to change its prices at any time, the applicable price being the one in force at the time of the order.
5. Order and payment
Orders are placed from the Service's billing area. Depending on the customer's country, payment is processed by our provider Stancer (ILIAD 78, SAS), a French payment institution authorized by the ACPR, for customers located in the European Union, or by Stripe Payments Europe Ltd. for customers located outside the European Union. The Seller never has access to the customer's full banking details. The order becomes final once the payment is confirmed.
6. Delivery
Purchased credits are added automatically to the user account upon receipt of the payment confirmation from the provider (Stancer or Stripe depending on the country), usually within a few seconds. In the event of a clear delay, the customer may contact contact@maestrodeck.cloud.
7. Right of withdrawal — express waiver
In accordance with article L221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not provided on a tangible medium whose performance has begun with the consumer's prior express consent and express waiver of their right of withdrawal.
By confirming their order, the customer:
- expressly requests the immediate performance of the Service and the immediate crediting of the runs to their account;
- expressly waives their fourteen (14) day right of withdrawal.
Accordingly, no withdrawal request can be accepted once the order has been confirmed and the runs have been credited.
8. Refunds
Outside the cases provided for by law (lack of conformity, technical fault attributable to the Seller that durably prevents the use of the credits), no refund will be granted. Any substantiated request must be sent to contact@maestrodeck.cloud within a reasonable time; it will be reviewed on a case-by-case basis.
9. Invoicing
An invoice is made available to the customer in their billing area for each order. It bears the statement “TVA non applicable, art. 293 B du CGI” (VAT not applicable, article 293 B of the French Tax Code).
10. Liability
The Service is provided “as is”. The Seller undertakes to use reasonable means to ensure the availability of the Service but cannot be held liable for unavailability caused by force majeure, maintenance work, or a malfunction of the hosting provider or a subcontractor. In any event, the Seller's liability is limited to the amount paid by the customer for the pack concerned over the last twelve (12) months.
11. Personal data
The processing of personal data is described in the privacy policy.
12. Complaints and mediation
Any complaint must be sent to contact@maestrodeck.cloud. Failing an amicable resolution, a consumer customer may use a consumer mediator free of charge in accordance with articles L611-1 et seq. of the French Consumer Code. The customer may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.
13. Governing law and jurisdiction
The Service is published from France. These Terms of sale, and any contract concluded through the Service, are governed by French law, regardless of the customer's nationality or place of residence.
In accordance with article 6 of Regulation (EC) No 593/2008 (Rome I), a consumer customer habitually resident in another Member State of the European Union also benefits, in addition to French law, from the mandatory consumer protection provisions of their country of residence where these are more favorable to them.
Failing an amicable resolution, any dispute falls within the exclusive jurisdiction of the French courts, subject to the mandatory jurisdiction rules applicable to consumers resident in the European Union (article 18 of the Brussels I bis Regulation).