The present General Conditions of Use and Sale are those of the company MAGESTIONPRIVEE.COM, a simplified joint stock company with a single shareholder, with a capital of 1,000.00 euros, registered in the Toulouse Trade and Companies Register under number 882 165 814 RCS TOULOUSE, whose registered office is located in SAINT JEAN (31240) Chemin Belbèze – Centre Commercial de Belbèze, whose commercial name is magestionprivee.com, (hereinafter, “The Company”).
The Company MAGESTIONPRIVEE.COM is registered with the Unique Register of Insurance, Banking and Finance Intermediaries called ORIAS under the number 20003601.
The Company proposes to Wealth Management Advisors defined in article 2 to subscribe to one of the paying Subscriptions on the site www.magestionprivee.com allowing them to access a set of services including the provision of financial information.
The activity of MAGESTIONPRIVEE.COM consists exclusively in the research and compilation of financial information.
“Subscription(s)” refers to the Subscription formula(s) offered by the Company MAGESTIONPRIVEE.COM on the Site and detailed in article 4 of these GCU.
“Client(s)” refers to the Asset Management Advisors.
“Account(s)” refers to the personal space on the Site created by the Client in order, in particular, to subscribe to the chosen Subscription and to access it.
“General Terms and Conditions of Use and Sale (GTC/SGC)” refers to the present general terms and conditions of use and sale.
“Wealth Management Advisor” refers to any natural or legal person carrying out the activity of financial investment advisor and having an ORIAS number and a SIREN number.
“Individual Investors” refers to natural persons of legal age.
“Site” refers to the www.magestionprivee.com website published by MAGESTIONPRIVEE.COM for the supply of Subscriptions.
2.2 Scope of application
These GCU/CGV apply, without restriction or reservation, to all purchases of Subscriptions offered by the Company to Clients on its Site.
The main characteristics of the Services are presented on the Site.
The Client is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.
These General Terms and Conditions of Use and Sale are accessible at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document.
The Client may at any time consult the version of the GCU/GS in force by going to the “GCU/GS” section on the Site.
MAGESTIONPRIVEE.COM may update the GTC/GS at any time.
Furthermore, each time the Subscription is taken out on the Site, the Client must confirm its acceptance of the said GCU/GS in force on the date the order is placed.
They will be available for viewing before and at the time when confirmation of acceptance is requested. This acceptance will be materialised by ticking the box “I have read and accept the General Terms and Conditions of Sale and the General Terms and Conditions of Use”.
In the absence of proof to the contrary, the data recorded in the Company’s computer system constitutes proof of all transactions concluded with the Client.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Client has, at any time, the right to access, rectify, oppose, delete and port all of his personal data by writing, by post and providing proof of his identity, to
Chemin Belbèze – Centre Commercial de Belbèze
31240 SAINT JEAN France
The Customer acknowledges that he/she has the required capacity to contract and acquire the Services offered on the Site.
To be able to subscribe and use the Subscription(s), the Customer must first create an Account, by following the registration procedure available on the Site, and in particular by indicating a valid email address and choosing a password.
IDs and passwords are strictly personal. The Client must therefore keep them carefully and securely and undertakes never to communicate them to third parties.
The Individual Investor undertakes to create only one Account.
The Client undertakes to inform the Company without delay of any fraudulent use of his/her Account(s) as soon as he/she becomes aware of it. In the event of loss or theft of the password(s), the Client may ask the Company to generate a new password.
The activity of MAGESTIONPRIVEE.COM consists exclusively in the research and compilation of financial information.
The Customer has the choice of subscribing to one of the three offers presented below. The price of the Subscriptions
is indicated in euros, all taxes included. The price must be paid immediately at the time of
of the Subscription.
4.1. Monthly “EASY” subscription
Subscription to the “EASY” subscription entitles all customers to :
Flash: Eco & Stock market decryption
Fundamental and technical analysis of European & World securities
Advice on Europe & World securities and UCIs
Access to the Brokerage Platform
Customised management: Implementation of FAS, FID and advisory management
The activity of MAGESTIONPRIVEE.COM consists exclusively in the research and compilation of financial information.
This Subscription is valid for one month from the validation of the payment by the Client.
The amount of the subscription is 25 euros per month, including tax.
At the end of this first monthly payment, the Subscription is tacitly renewed on the anniversary date of the subscription, unless the Client gives notice of termination no later than 7 days before the expiry date of the Subscription or the Client fails to pay the Subscription price.
4.2. Annual “PRO” subscription
Subscription to the “PRO” Subscription entitles you to the services contained in the “EASY” Subscription and the following additional services
This Subscription is valid for one year from the validation of the payment by the Client.
The amount of the subscription is 99 euros per month including tax, i.e. 1188 euros per year including tax.
At the end of this first year, the Subscription is tacitly renewed on the anniversary date of the subscription, unless the Client gives notice of termination no later than one month before the Subscription expiry date or the Client fails to pay the Subscription price.
4.3. Annual “EXPERT” subscription
Subscription to the “EXPERT” Subscription entitles you to the services contained in the “PRO” Subscription and the following additional services
Customised management: Implementation of FAS, FID, FIC and advisory management
Technical signals on active World Securities, Futures, Forex
This subscription is valid for one year from the validation of the payment by the Client.
The amount of the subscription is 179 euros per month including tax, i.e. 2148 euros per year including tax.
At the end of this first year, the Subscription is tacitly renewed on the anniversary date of the subscription, unless the Client gives notice of termination no later than one month before the expiry date of the Subscription or the Client fails to pay the price of the Subscription.
To subscribe to a Subscription, the Customer must :
– Create an Account or log in using the login and password in his possession
– Choose the desired Subscription package
– Confirm their order by clicking on the “CONFIRM MY ORDER” button
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
– Possibly, enter the coupon in his/her possession in the “DISCOUNT CODE” box
– Proceed to payment by clicking on the “SUBSCRIBE” button
The Customer proceeds to the payment by credit card. The credit cards and bank cards accepted are : Bank card, Visa, MasterCard, American Express, other bank cards or any other dematerialised payment method accepted on the Site.
The Customer shall provide his/her banking information on a secure web page using the STRIPE system.
The billing information that the Client declares when subscribing to the Subscription must correspond to that of the holder of the payment card or means of payment used, in order to enable the Company to contact the latter directly if necessary, particularly for the purposes of verification or requesting additional information.
After validation of the bank details, the Client must enter the personal information requested by his Bank or Financial Organisation. Authentication is specific to each Bank or Financial Organisation. For any question about the security system, the Customer is invited to contact his own Bank or Financial Organisation directly.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
– by SEPA direct debit: the Client must provide its bank details as well as the direct debit mandate given by MAGESTIONPRIVEE.COM duly completed and signed.
For subscriptions, a recurring SEPA mandate may be provided in order to facilitate the payment of the Subscription in the event of renewal.
Subject to the provisions of Article 6, the Subscription shall be considered as definitively subscribed after the sending to the Client of the confirmation of the acceptance of the order, by electronic mail and after collection by MAGESTIONPRIVEE.COM of the full price due. The price indicated in the confirmation of the order by the Company is the definitive price.
An invoice is drawn up by the Company and can be downloaded directly from the Client Area.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Client and the Company. Once confirmed and accepted by the Company, under the conditions described above, the order cannot be modified and cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
MAGESTIONPRIVEE.COM reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
In order to provide Clients with more complete resources on information and services related to the financial market and investments, the Site contains links to other sites enabling Clients to subscribe to financial products.
The Sites accessible via a link are not under the Management and Control of MAGESTIONPRIVEE.COM and the latter cannot be held responsible for their content or for the links they may themselves contain.
6.1. Law and Time Limit
The Customer has a legal right of withdrawal which may be exercised under the conditions set out in Articles L.221-18 et seq. of the French Consumer Code, without having to give reasons for his decision or bear any costs other than those mentioned in Article L.221-23 of the French Consumer Code, within a period of FOURTEEN (14) days from the date of placing the order.
After this period, the Customer may no longer exercise his right of withdrawal.
6.2. How to exercise the right of withdrawal
The Customer has the possibility to fill in and transmit his declaration of withdrawal online by logging into his customer account. Confirmation of the withdrawal will be made without delay by e-mail.
The Customer may also, before the expiry of the 14-day withdrawal period mentioned above, send any other unambiguous statement expressing his wish to withdraw to the following address
Chemin Belbèze – Centre Commercial de Belbèze
31240 SAINT JEAN FRANCE
If he wishes, the Customer may use the model withdrawal form available in the Annex hereto.
6.3. Consequences of the right of withdrawal
If the Individual Investor exercises his/her right of withdrawal, he/she may obtain a refund of the amount corresponding to the Subscription taken out.
In the event that the Individual Investor exercises his or her right of withdrawal when the execution of his or her Subscription has begun at his or her express request, he or she will only be entitled to a partial refund, less the cost of the services provided up to the communication of his or her decision to withdraw.
7.1. Property rights
The Company MAGESTIONPRIVEE.COM has an exclusive property right on the structure and content of the site (information, data, opinions, etc.) (hereinafter, the “Information”).
The subscription to one of the Subscriptions mentioned in the present GTC/CGV does not entail the transfer of any intellectual property right concerning the structure or the Information.
Unless expressly agreed in writing by MAGESTIONPRIVEE.COM, clients do not have the right to disseminate the classification or opinions presented on the Site. Any illegal dissemination noted by the Company will result in the immediate termination of the subscription contract without entitling the client to any reimbursement.
MAGESTIONPRIVEE.COM will automatically initiate civil and criminal proceedings against the offender to cover the damage observed.
7.2. Private Investors
Individual Investors undertake to make exclusively private use of the Information provided by the Company MAGESTIONPRIVEE.COM and therefore refrain from using it for any other purpose, in particular for commercial purposes.
7.3. Technical Analysis
The analyses provided by MAGESTIONPRIVEE.COM are mere opinions and not financial investment advice.
The Client remains free to use the said Information as a tool, he must not use it as the only criterion of choice.
MAGESTIONPRIVEE.COM shall not be held liable for such use, in particular in case of financial losses/unsuccessful investments suffered by the Client as a result of such use.
8.1 How the Site works
MAGESTIONPRIVEE.COM shall not be held responsible for any communication problem, network connection, computer problem or faulty connection. The Company cannot be held responsible for the malfunctioning of the Site for a given browser.
MAGESTIONPRIVEE.COM does not guarantee that the Site will function without interruption or that it does not contain any computer errors whatsoever, nor that the defects observed will be corrected.
It does not guarantee that the Site, the servers providing access to it and/or the third-party sites to which it is linked do not contain viruses or other components likely to cause damage to goods or persons.
Under no circumstances shall MAGESTIONPRIVEE.COM be held responsible for any loss of data or deterioration of such data and shall not be held responsible if the data communicated by the Client does not reach it for any reason or reaches it illegible or impossible to process (for example, if the Client has inadequate computer hardware or software environment for the subscription to a Subscription or an Internet connection problem).
MAGESTIONPRIVEE.COM reserves the right to temporarily or permanently interrupt access to the Site and the services, particularly in the event that it discontinues the service. In this case, subscriptions that continue to be executed shall be terminated as of right and the Client shall be reimbursed the amount of the sums paid in proportion to the number of days remaining before the end of the duration of the subscription.
8.2 Commitments of MAGESTIONPRIVEE.COM
MAGESTIONPRIVEE.COM does not act as a financial investment adviser and its liability shall therefore not be sought in respect of investments made by Clients on the basis of data communicated by it within the framework of the Subscriptions.
MAGESTIONPRIVEE.COM collects and compiles public data communicated by market operators. It can in no way guarantee the exhaustiveness, reliability, timeliness or updating of this data.
MAGESTIONPRIVEE.COM shall ensure that its agents draw up their analysis in complete independence and without any situation characterising a conflict of interest, in accordance with article 327-2 of the General Regulations of the Autorité des Marchés Financiers. In particular, it ensures that any personal transactions carried out by its agents do not conflict with the reports they are required to produce in the course of their work.
The Client expressly acknowledges and accepts that MAGESTIONPRIVEE.COM is bound by a simple obligation of means in respect of all its obligations resulting from these GCS/GU.
The service offered on the Site complies with the regulations in force in France. The Company shall not be held liable in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the requested Services, to check.
8.3.2 Limitation on liability
The Site, made available to the Client, does not constitute on the part of MAGESTIONPRIVEE.COM an offer to buy, sell, subscribe or provide financial services, nor a solicitation to purchase any investment product whatsoever.
Despite all the care taken in the collection from sources deemed reliable and in the processing of the Data, MAGESTIONPRIVEE.COM cannot guarantee its accuracy and recommends that the Client does not make any investment decision without having checked its accuracy with the management companies concerned or with his specialised advisor, or without having read the prospectus of the fund concerned.
Furthermore, MAGESTIONPRIVEE.COM reminds the Client that financial products are likely to vary both upwards and downwards and that they present a risk of loss of capital, as past performance is no guarantee of future performance.
MAGESTIONPRIVEE.COM is not in a position to substitute itself for the Client in order to verify whether an investment product presented on the Site is in line with its needs and invites it to seek the assistance of its specialised professional advisor.
As a result, the Company cannot be held liable either in contract or in tort.
The Company shall not be liable for any direct, special, indirect, incidental, punitive or exemplary damages, or any consequential damages (including, but not limited to, loss of business, revenue, profits, customers, data, etc.) arising out of any decision made or action taken by the Client in connection with the Information published on the Site.
9.1.1 Monthly “EASY” subscription
Placing an order for an “EASY” Subscription on the Site implies the conclusion of a contract for a period of ONE (1) month. At the end of this first monthly payment, the Subscription is tacitly renewed on the anniversary date of the subscription.
9.1.2 Annual subscriptions “PRO” & “EXPERT”
Placing an order for a “PRO” or “EXPERT” Subscription on the Site implies the conclusion of a contract for a period of TWELVE (12) months. At the end of this first year, the Subscription is tacitly renewed on the anniversary date of the subscription.
n accordance with the terms of Article L 215 -1 of the Consumer Code, literally reproduced: “For service contracts concluded for a fixed term with a tacit renewal clause, the trader providing the services shall inform the consumer in writing, by a dedicated letter or e-mail, at the earliest three months and at the latest one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information shall be given in clear and comprehensible terms and shall mention, in a visible box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, after deduction of the sums corresponding, up to that date, to the performance of the contract. The provisions of this article shall apply without prejudice to those which by law subject certain contracts to special rules as regards consumer information.
The Company will send an e-mail to the address provided by the Client:
– For “EASY” Subscriptions, at the earliest TEN (10) days and at the latest SEVEN (7) days before the anniversary date of the subscription, a letter specifying the Client’s option not to renew the contract he has concluded.
The Client may also give notice of termination to the Company by e-mail with a notice period of SEVEN (7) days before the anniversary date of the Subscription.
– For “PRO” and “EXPERT” Subscriptions, at the earliest THREE (3) months and at the latest ONE (1) month before the anniversary date of the subscription, a letter specifying the Client’s option not to renew the contract that he/she has concluded.
The Client may also terminate the subscription to the Company by sending an e-mail to this effect with a notice period of ONE (1) month before the anniversary date of the subscription.
In the event that a Client fails to perform any of its obligations under these GCU/CGV, MAGESTIONPRIVEE.COM may, at any time, put the Client on formal notice to perform its obligations, by any means of its choice, including by a simple electronic mail (e-mail). In the event of failure to comply within five (5) days following the date of receipt of the formal notice, MAGESTIONPRIVEE.COM may at any time, without further formality and by right, terminate the present subscription.
The exercise of the rights conferred by the present article is without prejudice to any other rights to damages of MAGESTIONPRIVEE.COM or any other means and recourse that may be exercised by the latter. The sums already paid by the Member shall remain fully acquired by MAGESTIONPRIVEE.COM.
In the event of an event of force majeure within the meaning of Article 1218 of the Civil Code, the effects of the subscription to the Subscription shall be suspended. MAGESTIONPRIVEE.COM may, at its sole discretion, cancel the subscription without being held liable in this respect, if the effects of force majeure persist for more than 30 days.
Under no circumstances shall MAGESTIONPRIVEE.COM be held liable for the harmful consequences of these events.
MAGESTIONPRIVEE. COM undertakes, when processing personal data, to comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), amended by Corrigendum to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJEU L127 2 of 23/05/2018
The Company is concerned about the protection of its Clients’ data. The nominative data requested from the Customer is necessary for the processing of its order and the preparation of invoices, in particular.
12.1 Compliance with current French legislation
The Client may exchange and publish Information on the Site’s forum through the interactive spaces.
The Client is personally responsible (civilly, criminally and administratively) for the content of the messages it publishes on the MAGESTIONPRIVEE.COM forum.
It undertakes to comply with French legislation in force and not to infringe the rights of third parties, and in particular :
– to ensure that the content of his messages does not in any way infringe on the rights that third parties may hold, in particular as regards industrial property, copyright, neighbouring rights or business secrets;
– not to publish abusive, defamatory, anti-Semitic or racist, xenophobic messages, messages of a violent or pornographic nature, messages likely to infringe on respect for the human person and its dignity, equality between women and men, or the protection of minors.
The Customer undertakes not to post any message containing viruses or programs likely to cause damage to persons or their property.
The Client undertakes not to post hypertext links pointing to sites that do not comply with current French legislation or that are likely to harm the interests or image of MAGESTIONPRIVEE.COM.
The Client undertakes not to post or publish unsolicited messages of an advertising nature, spam, and not to carry out any advertising on the MAGESTIONPRIVEE.COM forum.
12.2 Control by MAGESTIONPRIVEE.COM
The discussion forum is a “moderated” forum which reserves to MAGESTIONPRIVEE.COM the right to delete a posteriori, without prior notice, any message published by a Client which does not comply with the above paragraph or which is likely to infringe the rights or offend the rights of a third party and/or MAGESTIONPRIVEE.COM
In the event that the responsibility of MAGESTIONPRIVEE.COM is sought by legal action due to a breach by a Client of its obligations hereunder, MAGESTIONPRIVEE.COM may call upon the latter in warranty.
Consequently, the Client guarantees MAGESTIONPRIVEE.COM in the event of any legal or de facto disturbance, and in particular in the event of any action directed against MAGESTIONPRIVEE.COM in relation to the present, and shall bear all costs, including the costs of proceedings, damages and interest relating thereto.
All intellectual property rights and other rights relating to the Site, to the Tools, to the Data, to the Information, and more generally to the Services offered by MAGESTIONPRIVEE.COM on the Site are its property in accordance with the provisions of the French Intellectual Property Code or, where applicable, the property of third parties having authorised MAGESTIONPRIVEE.COM to use them. The only rights granted to the Client are those expressed in the present GTC/CGV.
The name, sign and logo “MAGESTIONPRIVEE.COM” is a registered trademark which cannot be reproduced, imitated or used without the express consent of MAGESTIONPRIVEE.COM.
The Client does not acquire any right on the Site and/or its content, the Tools, the Information and/or the Data made available to it, all these elements remaining the property of MAGESTIONPRIVEE.COM and/or their respective owners, the Client having, by virtue hereof, only a simple right of access and use of the Site.
The reproduction, retransmission, publication, sale, distribution, broadcasting or circulation of the Information without the express authorisation of the Company is prohibited. The Information contained on the Site is exclusively intended for private and non-commercial use.
In the event that the liability of MAGESTIONPRIVEE.COM is sought by legal action due to a breach by a Client of the obligations incumbent upon it under the terms hereof, MAGESTIONPRIVEE.COM may call upon the latter to provide a guarantee.
Consequently, the Client guarantees MAGESTIONPRIVEE.COM in the event of any legal or factual disturbance, and in particular any action directed against MAGESTIONPRIVEE.COM in relation to the present, and shall bear all costs, including the costs of proceedings, damages and interest relating thereto.
For any complaint, the Customer may contact the complaints department:
– by email at email@example.com
– via a direct discussion channel with the site Administrator at discord.com.
Any Individual Investor may, after having first attempted to resolve his dispute by a written complaint to MAGESTIONPRIVEE.COM, refer the matter to a mediator in order to seek an amicable settlement of a dispute between him and MAGESTIONPRIVEE.COM, at the following address
>The mediator of the Autorité des Marchés Financiers (AMF), Mrs Marielle COHEN-BRANCHE
17, place de la Bourse – 75082 Paris Cedex 02
In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer has the possibility of requesting the settlement of the dispute on the Online Dispute Resolution (ODR) platform accessible by following the link below:
14.2 Applicable law
The present GTC/CGV are governed and interpreted in accordance with French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
14.3 Jurisdiction of attribution
All actions or legal proceedings relating to these conditions must be brought before the French courts.
Competent jurisdiction = Tribunal de Commerce de Toulouse.
The Customer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
>the essential characteristics of the Services, taking into account the communication medium used and the Service concerned
>the price of the Services and related costs (delivery, for example);
the price of the Services and related costs (e.g. delivery); >if the contract is not to be performed immediately, the date or time by which the Service Provider undertakes to provide the Services ordered;
>information on the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
>information relating to the legal and contractual guarantees and their implementation methods;
>the functionalities of the digital content and, where appropriate, its interoperability;
>the possibility of resorting to conventional mediation in the event of a dispute;
>information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), termination procedures and other important contractual conditions.
>The means of payment accepted.
The fact that a natural person (or legal entity) places an order on the “MAGESTIONPRIVEE.COM” Internet site implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Provider.