1 – Seller's legal information
These Terms of Sale (hereinafter the "Terms of Sale"; in French, Conditions Générales de Vente or "CGV") apply to paid subscriptions to the Zeste service, published by:
- Company name: EI Start-Win — Start-Win
- SIREN: 823 879 762
- Intra-EU VAT number: FR49823879762
- Address: 105 La Fraise, 49370 Val d'Erdre Auxence
- Email: robin@start-win.fr
- Phone: 06 83 23 86 53
2 – Purpose
These Terms of Sale govern the sale of "Zeste Pro" digital subscriptions giving access to extended features of the Zeste service (https://zeste.cooking), in particular unlimited imports and the options associated with the Pro plan at the time of subscription.
Zeste's free plan is not subject to these Terms of Sale. Use of the free service is governed by the Terms of Use.
3 – Products and prices
On the date of publication of these Terms of Sale, the following offers are available:
- Zeste Pro monthly subscription: €4.99/month including VAT, billed every month.
- Zeste Pro yearly subscription: €29.99/year including VAT, billed once a year (a saving of about 50% compared with the monthly price).
Free trial: the first Zeste Pro subscription taken out on the website, monthly or yearly, starts with 7 free days. The payment method is saved at subscription, but nothing is charged during the trial. Unless canceled before the end of these 7 days, the chosen plan is billed when they end, then renews as provided in Article 6. Only one trial is granted per account. In the app, when a trial is offered, its length and conditions are shown by the App Store or Google Play before any confirmation.
Prices are shown in euros, including all taxes (VAT included). On the website, the applicable VAT is calculated automatically at checkout via Stripe Tax, according to the customer's country and status (individual or business). In the app, the price shown by the App Store or Google Play, in local currency, prevails; it may differ slightly from the prices above depending on the country.
Start-Win reserves the right to change its prices. Any change applies to new subscriptions and, where applicable, to the next renewal, after prior notice to the subscriber.
4 – Order and subscription
Subscribing to Zeste Pro takes place after creating a free account, either on the website from the "Settings" area of the account, or in the iPhone or Android app.
On the website, the subscriber selects the desired plan (monthly or yearly), is redirected to Stripe's secure payment page, then receives a confirmation by email and/or in the interface. Pro access is activated as soon as the payment is confirmed, or as soon as the payment method is saved during the free trial.
By confirming their order, the subscriber acknowledges having read these Terms of Sale and the Terms of Use and accepts them without reservation.
In the app, the purchase is an in-app purchase made through the App Store (Apple) or Google Play (Google). In addition to these Terms of Sale, it is subject to the terms of the platform concerned, which collects the payment. Pro access is linked to the signed-in Zeste account and also applies on the website.
5 – Payment
Payments made on the website are processed by Stripe Payments Europe, Ltd. (or the applicable Stripe entity). Payments made in the app are processed by Apple or Google, using the payment method saved on the store account. Start-Win neither collects nor stores full credit card numbers.
The accepted payment methods are those offered by Stripe at the time of the transaction. If the payment is declined, the Pro subscription will not be activated or may be suspended until the situation is resolved via the Stripe customer portal or the store account concerned.
6 – Term, renewal and cancellation
The subscription is entered into for the chosen term (one month or one year) and renews automatically for a period of the same length, unless canceled by the subscriber before the renewal date.
The subscriber may cancel at any time. A subscription taken out on the website is canceled from the Stripe management portal available in the Zeste account settings. A subscription taken out in the app is canceled from the subscription settings of the App Store or Google Play: deleting the app or the Zeste account does not end a subscription running on the store. Cancellation takes effect at the end of the current period; no pro rata refund is due for the period already started, unless otherwise required by mandatory law.
Start-Win may cancel or suspend a subscription in the event of a breach of the Terms of Use/Terms of Sale, fraud or an unjustified chargeback.
7 – Right of withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code (Code de la consommation), a subscriber who is a consumer has fourteen (14) days from subscription to exercise their right of withdrawal, without having to give reasons.
However, the Zeste Pro service consists of the immediate supply of digital content not supplied on a tangible medium. By subscribing and requesting immediate activation of the Pro subscription, the subscriber expressly acknowledges that performance of the service begins before the end of the withdrawal period and agrees, in accordance with Article L.221-28 of the French Consumer Code, to waive their right of withdrawal once Pro access is activated.
Refund requests for a purchase made in the app are handled by Apple or Google, according to their own rules. For any exceptional request, contact robin@start-win.fr.
8 – Invoicing
For a subscription taken out on the website, an invoice or receipt is available via Stripe after each payment. For a subscription taken out in the app, the receipt is sent by Apple or Google. Businesses can enter their billing information in the Stripe portal when the option is offered.
9 – Warranties and liability
Start-Win undertakes to provide access to the Pro features in accordance with the description in force at the time of subscription, within the limits of an obligation of means (obligation de moyens).
The liability of Start-Win is limited to the amount actually paid by the subscriber over the last twelve (12) months, except in the case of gross negligence or willful misconduct, or unless otherwise required by mandatory law.
The limitations of liability set out in the Terms of Use also apply to Pro subscribers.
10 – Complaints and mediation
For any complaint about a subscription or billing, first contact Start-Win at robin@start-win.fr or on 06 83 23 86 53. We strive to respond within a reasonable time.
In accordance with Articles L.612-1 et seq. of the French Consumer Code, consumers may use a consumer mediator (médiateur de la consommation) free of charge with a view to the amicable resolution of a dispute.
11 – Personal data
The data needed for invoicing and subscription management is processed in accordance with the GDPR. For more information, see our privacy policy and contact the DPO: Robin Couet — robin@start-win.fr.
12 – Governing law
These Terms of Sale are governed by French law. In the event of a dispute that is not resolved amicably, and subject to the mandatory rules applicable to consumers, jurisdiction lies with the territorially competent courts.