1. Purpose and scope
These terms of sale (the "Terms of Sale") govern the purchase of credits enabling the use of the Incarneo service, published by PRG Sys (the "Seller"). They supplement the Terms of Use. Any order constitutes unreserved acceptance of these Terms of Sale.
2. Credits and nature of the offer
The Service operates on prepaid credits expressed in minutes of audio or video generation. Credits are purchased in packs at decreasing rates. They do not constitute electronic money, are neither convertible into nor refundable in cash (subject to the right of withdrawal referred to in Article 6), and may be used exclusively within the Service. Within an Organisation, credits are pooled among its members.
The Seller may grant free credits (in particular upon registration or for promotional purposes). Such complimentary credits are neither refundable nor convertible and may be modified, suspended or withdrawn at any time.
3. Prices
Pack prices are shown on the Credits page and on the home page, in euros, exclusive of tax (excl. VAT) and inclusive of all taxes (incl. VAT). Consumption is deducted pro rata to the minutes actually generated, at the base rate of 0,15 € excl. VAT / audio minute and 1,50 € excl. VAT / video minute.
The applicable VAT (rate of 20% in France) is calculated automatically according to the buyer's country via the Stripe Tax service and displayed before payment is confirmed. The binding price is the one displayed server-side at the time of the order.
4. Ordering and payment
Orders are placed online via the secure payment platform Stripe. PRG Sys has no access to full payment card details. The order is validated once payment has actually been confirmed. The credits are then credited to the buyer's account or Organisation.
5. Invoicing
An invoice is issued automatically for each order via our invoicing provider Qonto, and made available to the buyer from their account area. The buyer undertakes to provide accurate billing information.
6. Right of withdrawal
Consumers in principle have a period of 14 days in which to exercise their right of withdrawal (Article L.221-18 of the French Consumer Code). However, since credits provide immediate access to digital content, the consumer buyer, at the time of the order, expressly requests the immediate performance of the service and expressly waives their right of withdrawal in respect of credits already consumed.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal may therefore no longer be exercised for the portion of credits actually consumed (generations carried out). For credits purchased and not yet consumed, the consumer may exercise their right of withdrawal within the 14-day period by writing to contact@incarneo.com; the unconsumed portion is then refunded.
Outside this right of withdrawal, and since purchased credits do not expire (Article 7), any purchase is firm and final: credits are non-refundable.
7. Validity period of credits
Unless otherwise stated at the time of purchase, purchased credits do not expire. They remain usable for as long as the account or Organisation is active.
8. Performance of the Service and conformity
The Service is provided by asynchronous processing on computing infrastructure. The result depends on the quality of the content supplied by the buyer (photograph, reference voice, text). The Seller provides the Service with due diligence but does not guarantee a result matching a subjective expectation.
Credits are deducted only pro rata to the duration actually produced, once the generation has succeeded. A technical failure attributable to the Service does not result in any deduction of credits.
9. Liability
The Seller's liability under these Terms of Sale is limited to the amount of the order concerned. The Seller is not responsible for the use made of generated content by the buyer, nor for infringements of third-party rights, which are governed by the Terms of Use.
10. Personal data
The processing relating to orders and invoicing is described in the privacy policy.
11. Governing law and disputes
These Terms of Sale are governed by French law. In the event of a dispute, and after an attempt at amicable resolution by means of a written complaint sent to the Seller, the consumer may have free recourse to the consumer mediator appointed by the Seller: CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris (https://www.cm2c.net, online referral: https://www.cm2c.net/declarer-un-litige.php). The consumer may also consult the European Commission's portal on redress options: consumer-redress.ec.europa.eu. Failing an amicable agreement, the competent courts are determined in accordance with the ordinary rules of law, without prejudice to the protective rules applicable to consumers. These Terms of Sale are a translation provided for information purposes only: in the event of any discrepancy, the French version alone shall prevail.