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 as such an ORIAS number and a SIREN number.
“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 any purchase of a Subscription 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), Customers 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. Wealth Management Advisors, natural persons, undertake to create only one Account.
For Wealth Advisors, legal entities, as many accounts may be created as there are employees authorised by the Client to connect to the Site. Each collaborator will have his own identifiers (email address and password).
The Client undertakes to inform the Company without delay of any fraudulent use of his Account(s) as soon as he becomes aware of it.
Customers can choose to subscribe to one of the three offers presented below. The price of the Subscriptions is indicated in euros, including all taxes. The price must be paid immediately when the Subscription is taken out.
The “EASY” Monthly Subscription shown on the Site is only available and accessible to consumers.
4.1. Annual “PRO” subscription
Subscription to the “PRO” Subscription entitles all Clients 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
Tailor-made management: Implementation of FAS, FID, and advisory management
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 expiry date of the Subscription or the Client fails to pay the Subscription price.
4.2. 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 Subscription formula
– Confirm their order by clicking on the “CONFIRM MY ORDER” button
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his 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 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. Authentication is specific to each Bank. For any question about the security system, the Customer is invited to contact his own Bank 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.
The Subscription shall be considered as definitively subscribed after the Client has received confirmation of the acceptance of the order by e-mail and after MAGESTIONPRIVEE.COM has collected 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 Account.
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 Seller, under the conditions described above, the order cannot be modified and cannot be cancelled, except in cases of 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.
The client, an asset management advisor, has no legal right of withdrawal.
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. Wealth Management Advisors
The Asset Management Advisors undertake to use the Information provided by the Company in compliance with the applicable regulations. They also undertake to cite MAGESTIONPRIVEE.COM as the source of the Information, whether it is used in whole or in part.
In any case, the use of the Information, in whole or in part, made by the Asset Management Advisors must not undermine the integrity of the Information or the reputation of MAGESTIONPRIVEE.COM.
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. As this Site is intended for Internet users, natural persons of legal age, or legal entities residing or having their registered office on French territory, MAGESTIONPRIVEE.COM shall not be held liable in the event of non-compliance with the legislation of another country where the Site is accessible.
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.
Placing an order 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.
The Client may terminate the Subscription by sending an e-mail to the Company 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 GTC, MAGESTIONPRIVEE.COM may at any time give formal notice to the Client 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
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.
14.2 Applicable law
The present GTC/CGV are governed and interpreted in accordance with French law. They are written in French.
An express and exclusive attribution of competence is made to the Commercial Court of Toulouse.