This page is an approximate translation of the general sales conditions of the French to English language.
These terms and conditions are concluded between, on the one hand, the company SMS and Co (hereinafter referred to as "SMS and Co") registered in the Trade and Companies Register of Toulouse under number 799 209 184 whose head office is located 39 rue Pradal 31400 Toulouse, publishing the website "http://www.monlivresms.com" and the Facebook account https://www.facebook.com/MonLivreSms.com and, on the other hand, the Internet users (here- after designated the "clients") connecting, using the website http://www.monlivresms.com (hereinafter referred to as "the site www.monlivresms.com" or the "site") wishing to make a purchase via the site www.monlivresms.com.
The parties agree that their contractual relationship will be governed exclusively by these terms and conditions, excluding any other conditions or any other contract. If a provision were to fail, it would be governed by the practices in force in the sector of distance selling in France.
The client entrusts to SMS and Co the manufacture of one or more books SMS from his mobile phone are created in the first part from the software made available on the site of monlivresms.com for the phone having as operating system iOS, the "MonLivreSMS" application for phones with Android operating system and complete their personalization on the site monlivresms.com.
The present general conditions of sale apply to the day of the order by the customer of the SMS books.
After having read all the General Conditions of Sale, the customer accepts these Terms and Conditions of Sale by ticking the box "I accept the Terms and Conditions". All orders are subject to acceptance of our Terms and Conditions. By ticking the box "I accept the General Conditions of Sale", it will be worth acceptance by the customer of the present General Conditions of Sale, and thus conclusion of the contract. These Terms and Conditions of Sale shall prevail between the parties.
It is therefore up to the customers to read attentively the following dispositions, because all of these constitute a contract formalizing the contractual relations with monlivresms.com. In the event that the customer does not check the box "I accept the Terms and Conditions", he is prohibited from using the services of the site, and to permanently abandon the online ordering procedure.
In any case, only the General Conditions of Sale at the date of the order by the customer, bind the latter contractually to MonLivresms.com.
MonLivreSms.com reserves the right to modify at any time the General Conditions of Sale.
The customer accepts the use of the service provided by MonLivreSms.com as is.
The customer will have to have a computer and an Internet access whose possible expenses are left to his load.
The responsibility of MonLivreSms.com can not be engaged concerning the material used by the customer.
MonLivreSms.com is held to an obligation of means for including (without this list is exhaustive) all the steps of downloading its software, the installation of its software, the use of its software, access to the site, access to the "MonLivreSMS" application of MonLivreSMS.com, the ordering process, delivery or subsequent services.
The website of MonLivreSms.com, the software "MonLivreSMS" or the application "MonLivreSMS" of MonLivreSms.com are made available to the customer. In any case MonLivreSms.com can not be held responsible for technical or material errors, loss of data resulting from the use of the website, the "MonLivreSMS" application of MonLivreSMS.com, or the software. MonLivreSms.com can not be held liable for any direct or indirect inconvenience or damage inherent to the use of its software or the Internet, including a break in service, external intrusion or the presence of computer viruses, or any event described as a fortuitous event or force majeure, in accordance with the case law.
The customer has 15 calendar days from the delivery, to address in writing his claims concerning his order with MonLivreSms.com. After this period, the customer will be considered to have definitively accepted the delivery and the customer will no longer be able to claim.
In the event of a faulty performance exclusively attributable to MonLivreSms.com (that is to say, the improper printing or imprint of certain photos in relation to the customer's order) and subject to strict compliance by the customer with the time limit for the claim, compensation customer can be studied.
MonLivreSms.com incurs no liability for any direct or indirect damages (such as, for example, operating losses, loss of profit, loss of opportunity or loss of profits), or other damages of any kind or any other expenses, as a result of a quality of service judged by the client insufficient, the service being proposed "as is", disruptions when using the site or application "MonLivreSMS" of MonLivreSms.com, the impossibility to use the MonLivreSMS.com website, software or application "MonLivreSMS" for any reason, breaches of computer security, which may cause damage to the computer equipment of customers and their data, as a result of improper handling.
The client declares to have the capacity and to hold the powers and authorizations necessary to contract. The customer is prohibited from using false information or using third party information. The ordering is confirmed by MonLivreSMS.com by E-mail or by some other means. This confirmation informs the customer that the order has been registered by MonLivreSms.com but can not be interpreted as an acceptance of the order. At the conclusion of the contract, MonLivreSms.com is responsible for the execution of the order. The actual production of SMS books can only be made after full payment of the amount corresponding to the order from MonLivreSMS.com.
MonLivreSms.com reserves the right to refuse an order including (without this list is limiting) in case of impossibility to perform the service, misuse of the Customer (as defined by the case law), violation of the contents of the laws and regulations in force, infringement of the rights of others, presumption of impossibility for the customer to contract or to perform the contract.
MonLivreSms.com reserves the right to change prices at any time.
The amount of the order will be determined by the prices in effect on the date of the order. The prices mentioned in the order confirmation constitute the final prices, expressed in euros all taxes included. These prices "do not" include "delivery costs", the latter being borne by the customer. Only the amounts calculated in the "Basket" of the customer are authentic.
MonLivreSms.com is solely responsible for choosing the carrier. Delivery charges are the responsibility of the customer. If nothing else is specified, MonLivreSMS.com delivers the delivery to the address given by the sender. In case of deterioration of the delivery due directly to the customer or a withdrawal by the customer of his order at the carrier, MonLivreSms.com can not be held responsible.
The books are sent to the delivery address indicated by the customer. Any request for redirection following a return of merchandise with mention "wrong address, letter not withdrawn, npai, unidentifiable recipient" will be billed to the customer according to the rates in force. On the other hand, delivery times remain dependent on the partner and MonLivreSMS.com is released from any responsibility for late delivery independent of its control.
In the case of a delivery to the DROM-COM, these costs do not include any taxes and customs duties to be paid by the customer. In the DROM-COM and Principality of Andorra, the customs duties, taxes and fees or various taxes on the occasion of the importation of goods are the responsibility of the customer upon receipt of his parcel. The amounts of these taxes depend on the regulations in force in each territory of destination. It is therefore up to the customer to check with the local authorities concerned, the necessary information and to ensure that the specific import formalities in the territory of destination are followed.
Payment is made online using a secure payment system, or by any other means mentioned on the site. In accordance with the Data Protection Act of January 6, 1978, amended by the law of August 6, 2004, the customer's personal information is protected and encrypted during transmission to the bank payment processing center. The order validated by you will be considered effective only when the banking centers concerned have given their agreement. In case of refusal of the bank payment centers, the order will be automatically canceled and the customer will be notified by any means selected at the discretion of MonLivreSms.com.
In accordance with the provisions of Article L. 121-20-2, 3 of the Consumer Code, the right of withdrawal can not be exercised for goods made according to consumer specifications or clearly personalized.
Therefore, the right of withdrawal is in this case excluded for customers.
The customer declares to hold all the intellectual property rights relating to the SMS files and generally for all the documents which he entrusts to MonLivreSms.com.
It thus guarantees MonLivreSms.com that no element transmitted, does not allow a third party to claim intellectual property rights or any other private right.
The responsibility of MonLivreSms.com can not therefore be engaged in case of third party claim related to the data provided by the customer.
In any case, the customer agrees to indemnify MonLivreSms.com for all the financial consequences of a legal action or claim from third parties, including the sending, distribution, use or transmission of content. by him on the website www.MonLivreSms.com.fr and via the site, the software and the application "MonLivreSMS" of MonLivreSms.com, as well as during the use of the Services, the violation of the General Conditions of Sale, or the infringement of the rights of others.
The book or more generally any good delivered by MonLivreSms.com remains the property of MonLivreSms.com until full payment by the customer.
Monlivresms.com ensures the privacy and security of data with regard to current data protection techniques. However, it is the customer's responsibility to back up his files. MonLivreSms.com can not be held responsible for the loss of customer data or accidental destruction, during their transfer via the internet, or during their processing for printing.
The customer is informed that certain deliberate or involuntary manipulations of the site or the application "MonLivreSMS" of MonLivreSms.com can lead to the sharing and the publication of this data to third parties. The customer agrees not to give this access to people who are unknown to him.
The customer agrees that MonLivreSms.com can at any time modify the duration of ownership of transmitted SMS. MonLivreSms.com does not give any guarantee as to the conservation of the data on its site and those charged by the customer in the application "MonLivreSMS" of MonLivreSms.com. The customer will not be able to hold MonLivreSMS.com responsible in the event of loss of data and / or book, the customer committing to make backup copies.
MonLivreSMS.com is authorized to check the contents of the data transmitted by the customer. The customer is solely responsible for the content and materials transferred, deposited on the site, the software or via the "MonLivreSMS" application of MonLivreSMS.com, made available to third parties, shared with third parties, both to the public and to private persons. Only the customer and not MonLivreSMS.com is solely responsible for the data transferred to the MonLivreSMS.com website or the MonLivreSMS.com "MonLivreSMS" application. The customer agrees not to use the Service to: download, send, transmit by any means any illegal content, harmful, threatening, abusive, constituting harassment, defamatory, vulgar, obscene, threatening for the privacy of others, hateful, racist or otherwise objectionable; in any way harm the underage users; transmit any content that could be constitutive, without the following being limiting, incitement to the realization of crimes and offenses; provoking discrimination, hatred or violence on the basis of race, ethnicity or nation; false news; breach of the authority of justice; information relating to the adoption, the trial, the suicide of minors or an individual tax situation; defamation and insult; invasion of privacy; or acts endangering minors including the manufacture, transport, and dissemination of messages of a violent or pornographic nature or likely to seriously undermine human dignity; forge headers or otherwise manipulate the identifier to conceal the origin of the content transmitted via the Service; download, display, transmit by any means any content that infringes any patent, trademark, trade secret, copyright or other proprietary right (hereinafter referred to collectively as "Rights") belonging to others; download, post, transmit by any means any advertising or promotional material that is unsolicited or unauthorized (including engaging in "Spam", "junk mail" transmission, chain letters or any other form of solicitation); interfere with or disrupt the Service, the servers, the networks connected to the Service, record or transmit files and data containing viruses or programs intended to overwrite data in memory or any other contaminating function or refuse to comply with the required conditions, procedures, general rules or regulations applicable to networks connected to the Service; to violate, intentionally or unintentionally, any applicable national or international law or regulation and any other rules having the force of law; in any way harass another or more other users: collect and store personal data relating to other users.
In case MonLivreSms.com finds a use of its service contrary to these Terms and Conditions, MonLivreSms.com reserves the right to delete the content. For punishable content, MonLivreSms.com will alert the relevant authorities. In the event of a third party complaint regarding the data content of a user, MonLivreSMS.com will do its best to restore a healthy situation, but will not be held responsible for the dissemination of data.
The customer declares that he knows and accepts the specificities and limitations of the Internet, and in particular he acknowledges that Internet networks can display very variable technical performance and response times during data transfers. The transmission of data (except information transmitted to make payment online) is neither protected nor encrypted, which means that the information and files that circulate via the Internet are not necessarily protected, including against possible diversions. The customer therefore agrees to download all of his data under his sole responsibility. Therefore, the customer acknowledges that the communication of any type of information that he considers confidential is made under his full responsibility. Also, the customer agrees to take the necessary steps to protect his personal data, his or her computer systems as well as his software, from contamination by all kinds of malware (viruses, spyware etc ...) circulating on the network. Internet.
In general, the customer is solely responsible for the use of data that he consults, queries and transfers to or via the Internet, as well as the use of the various services offered by MonLivreSms.com, the responsibility of which can not be engaged in any capacity whatsoever.
The information collected and data about you are subject to computer processing for the management of your orders, the establishment of invoices, the processing and the routing of your orders and are necessary to our commercial relations.
In case of incorrect information, MonLivreSms.com can not be held responsible for the impossibility of forwarding the order (s) of the customer.
The transaction history on the website www.MonLivreSms.com. , the software and via the "MonLivreSMS" application of MonLivreSMS.com will be kept for a period that complies with the legal duration of the retention of personal data.
This information and data is kept for security purposes in order to comply with legal and regulatory obligations as well as to enable MonLivreSms.com to improve the services offered.
In accordance with the law "Informatique et Libertés" of January 6, 1978 amended in 2004, you have the right to access and rectify information concerning you, which you can exercise by contacting the customer service via the contact form or by mail to the following address: MonLivreSms.com, 39 Rue Pradal, 31400 Toulouse, FRANCE.
You can also, for legitimate reasons, oppose the processing of data concerning you.
In accordance with Decree No. 2007-451 of 25 March 2007, the application must be submitted in writing, signed and accompanied by a photocopy of an identity card bearing the signature of the holder. The request must specify the address to which the answer must be sent. MonLivreSMS.com will have a period of 2 (two) months following receipt of the request to respond.
Depending on your choices made when creating your account or when changing your choices, you are likely to receive commercial offers from our company for products and services similar to those you have ordered. If you have consented when creating your account, you may be required to receive, by mail, commercial offers from MonLivreSMS.com business partners.
If you no longer wish, simply click on the link provided for this purpose on the page "Newsletters Management" accessible from your profile on our website or contact us (by indicating us your name, first name, email address) :
- by the contact form on the website www.MonLivreSms.com.fr
- by mail to MonLivreSms.com, Place Jean Payra Toulouse, FRANCE.
- by email at the address hello@MonLivreSms.com
The personal data and personal data collected have been the subject of an automated processing declared to the CNIL under the number 1736124 v 0.
Cookies record certain information that is stored in the memory of your hard drive. The purpose of this information is to generate traffic statistics for the website www.MonLivreSMS.com.fr and to offer you services according to your selection during your previous visits. These cookies do not contain any confidential information about you.
In the event that any of the clauses of the present contract would be declared null following a change of legislation, regulation or court decision, it can not affect the validity of these General Conditions of Sale. These Terms of Sale constitute the entire agreement between MonLivreSms.com and the customer.
The failure of MonLivreSMS.com to exercise the rights granted to it under this Agreement does not constitute a waiver for the future to enforce these rights.
In case of force majeure, the obligations of MonLivreSms.com are suspended during the period of occurrence. Are regarded as constituting cases of absolute necessity, besides those usually retained by the case law, the blocking of the telecommunications, the blocking or unavailability of the Internet networks, the breakdown of the material diffusing the service, the fire, the damage of the waters, the blocking means of transport or supply, the total or partial strike. Neither party can be held responsible to the other party, and no compensation can be claimed for delays or harmful consequences due to one or more of these cases of force majeure. If beyond a period of three months, the parties note the persistence of the force majeure, these terms and conditions will be terminated automatically and automatically, unless otherwise agreed by both parties.
These General Conditions and the relationship between MonLivreSms.com.fr and users will be subject to French law.