The company “CLICPOSTAL” offers on the website www.clickpostal.com a personalised stationery product range.
Article 1: General terms and conditions application
The present terms & conditions regulate the transactions made by CLICPOSTAL.
CLICPOSTAL reserves the full right to make modifications or changes to the present terms & conditions. If any change occurs, all the orders will be regulated by the terms & conditions in force on the day the order was made.
By using any Clicpostal service you agree to be bound by these Terms of Use which prevail upon any other condition.
Clicpostal reserves the full right to suspend or cancel, at any time, the use of the service if the user does not respect the present terms & conditions. No particular condition can, except formal written acceptance from us, prevail upon the present conditions. The fact that we do not prevail upon any of the present terms & conditions, it cannot be interpreted as a tacit release to those.
Article 2 – Terms of use
2.1 The user can access the services that “CLICPOSTAL” offers on the website www.clickpostal.com. Any natural or corporate body, business or individual who has the legal capacity to contract is granted the permission to use the website.
2.2 Any buyer willing to benefit from the services offered on the website www.clickpostal.com must sign in first through a capture on the website www.clickpostal.com in the section “Join”.
The customer be responsible for all activities and orders that occur or are submitted under the password.
The user registered is committed to provide www.clickpostal.com valid identification information necessary to deal with his/hers orders. Furthermore he is incumbent upon updating his/hers information regularly. The responsibility of “CLICPOSTAL” cannot be involved for any mistake resulting from the incorrect nature of the information provided by the customer.
The customer is able to correct all the information captured by accessing the section “My Account”
Article 3 – Services
3.1 Creation and personalisation: the company “CLICPOSTAL” offers the internet user an access to an online creation and personalisation feature displaying stationery products on www.clickpostal.com including in particular greeting cards, invitations, announcements, thank you cards, postcards.
Are excluded from this service all retouching and changes of the photos provided by the customer. He is incumbent to make sure the quality of his/her photos and the expected result depending on the format and the resolution selected.
Any order made by the customer is placed under the terms and condition system of the carrier and is not imputable to the responsibility of “CLICPOSTAL”
3.2 The storage of the photos: the company “CLICPOSTAL” proceeds to an automatic storage of the photos uploaded by the customer. The customer cannot aspire to any minimum conservation time measurement of it.
The customer may ask any time to delete one or all the photos by requesting it through the customer service section on the website www.clickpostal.com.
Article 4: The conclusion of the agreement on line
4.1 The user registered on the website www.clickpostal.com is able to subscribe any offer on the website www.clickpostal.com.
The entire offers displayed on the website www.clickpostal.com are submitted to the present convention.
4.2 The validity of the offers: any offer made by the company CLICPOSTAL is valuable, unless the opposite specification, as long as it appears on the website www.clickpostal.com
Term of payment: the user is able to proceed to the payment of his/her items by
- credit/debit card through a secured payment section : Sogenactif
- transfer payment
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4.3 Transfer of property: provided the entire payment of the price, the property transfer in favour of the customer is linked with the delivery to the postal services.
Failure to pay, the customer cannot neither claim any property rights on the order nor require any extension.
The saving by the customer of his/her order equals an acceptance of the present terms and conditions totally and without reserve. The data saved by”CLICPOSTAL” on the website www.clickpostal.com constitutes the proof of the entire transaction made between CLICPOSTAL and its customers.
The proof of the transactions can be brought through any mean.
Article 5: Tariff of the services
The price of the products and services is the one that is displayed on the website www.clickpostal.com on the day the order is made.
The user can download a detailed invoice via his personal account on the website www.clickpostal.com comprising the price excluding VAT and the VAT rate.
Article 6: Delivery deadlines
6.1 Any order made on the internet on the website www.clickpostal.com will be processed within 72 working hours following the reception of the order. By the end of this time measurement, the company CLICPOSTAL commits to deliver the order to the postal services chosen by the customer.
Failure to adhere this delay by the company CLICPOSTAL, the customer is able to require voiding the contract and obtaining the refund of the amount paid. The customer cannot be refunded unless he sends back the entire order in its original packaging. The cost of the postage will be returned to the customer at the refund time.
A new delay of 72 hours may occur if:
- the product is the subject of a new edition because of a quality control
- the product is the subject of a modification or a new edition requested by the customer
The making of one or the other exceptions will be told to the customer.
Failure to adhere the delays given in the present terms and conditions cannot involve the contractual liability of the company CLICPOSTAL and does not lead to the cancellation of the contract if the failure results from a case of force majeure as defined in article 16.
As well, the failure of the delays told at this present article because of a fault from the customer or the failure of his/her obligations will not allow any refund request.
6.2 The home delivery: the company CLICPOSTAL cannot grant the respect of any time of delivery and cannot be involved with the loss or the damage of a parcel from the receipt of it by the postal services. The eventual delays or follow-up conditions of the parcels are the ones specified in the terms and conditions of the postal services.
Any mistake in the delivery address provided by the customer and leading to a dispatching failure will be assumed financially by the customer. He/she will pay the cost of the new postage.
Article 8: Obligations and liabilities of the parties
8.1 User name and password: the user name and the password given by CLICPOSTAL are personal and under the responsibility of the owner.
8.2 Account and identification information: to grant the run of the present convention, the customer commits to give the company CLICPOSTAL correct and updated identification information. Any mistake or incorrect execution of the services because of incomplete or mistaken information provided by the customer will not involve the responsibility of CLICPOSTAL and will not allow any refund procedure or a new edition of the related products.
8.3 Look and quality of the photos and images: the company CLICPOSTAL will not operate any modification, any cut off or retouching on the photos or images given by the customer except for the bare resizing necessary to do the service. As a result, the customer cannot involve the civil or the contractual liability of the company because of a bad looking or a low quality of the photos.
8.4 Ethics and legal restrictions: users of CLICPOSTAL service commit not to send anonymous letter, insult or threat. The content of the documents made by the users must not contain any photo, images or texts of nature racist, pornographic, violent or any other content forbidden by the law of the countries recipient or of origin.
CLICPOSTAL cannot be responsible for a mail with a content which may harm someone else, a company, an organisation or any association.
The user declares to be the legal owner of all the photos used as part of the service and copyright free. The user cannot save or transfer files breaking the property rights of other people, such as texts, images, commercial secrets, external or confidential information, this enumeration not being limitative. The user cannot save or give photos revealing private or personal cases of a person with no prior agreement. The user commits to have the agreement for the use and the diffusion of each person represented.
The contents made available to the user are protected by the Berne Convention and the “intellectual property code”. Any total or partial reproduction must be the subject of a prior agreement written by the editors of each contents proposed. Only is authorised one reproduction for the strict private use of the user. Any other reproduction, distribution, transmission or publication with no prior agreement of righted people is forbidden.
8.5 For the service’s needs, CLICPOSTAL proceeds to the storage of the photos uploaded by the customer online. No use of those photos, other than the one required by the customer, will be made by CLICPOSTAL without his/her authorization.
CLICPOSTAL reserves the right to proceed anytime to the suppression of the customer’s photos for technical or storage room reasons.
Article 9: Copyright and intellectual property
9.1 All texts, comments, works, illustrations and images, website architecture and data base on the website www.clickpostal.com are reserved as copyrights or as intellectual property. In this regard and following the dispositions of the intellectual property code, is authorized for a private use of the content provided always different dispositions, even more restrictive, of the intellectual property code. It is however forbidden for the customer, apart from this use to copy, reproduce, diffuse, sell, publish, to exploit by any way and diffuse in another format, electronic or other, the information present on the site www.clickpostal.com. As a consequence, every other use constitutes a counterfeit and is sanctioned as copyrighted except if a prior authorization of the company CLICPOSTAL and of its authors is made. Any total or partial reproduction of the catalogue of the website www.clickpostal.com containing the whole products displayed as every graphic element is totally forbidden. All the elements quoted are submitted to a strict reproduction right as defined in the intellectual property code and limited to the display of the pages on his/her screen. Any other reproduction is totally forbidden.
9.2 The website www.clickpostal.com has the authorization from the authors of the photos, images and graphics of the cards displayed on the website for the reproduction and the diffusion.
Those illustrations are owned by the authors and are submitted to copyright.
www.clickpostal.com does not grant any guarantee and declines all liability concerning the copyrights related to the elements inserted by the users themselves. (images, photos, etc.)
Article 10: Collecting personal information
The user is informed that the data processing personal communicated to Clicpostal was declared to the CNIL the 6/1/2005 under the ID 1098069.
The customer has the right to access, modify, correct and delete data related to him/her (article 34 from the law “informatique et liberté” du 6janvier 1978)
The customer can, anytime, ask for the modification of his/her account by interacting with the customer service through the website www.clickpostal.com. His/her email will never be given up to a third party.
The customer can anytime ask for the suppression of his/her information from CLICPOSTAL database by interacting with the customer service through the website www.clickpostal.com and requesting the unsubscription.
Article 11: Confidentiality
CLICPOSTAL commits to respect the private nature of the interactions and the edition of the products but cannot grant a total confidentiality.
The user can save on the website, and solely access with his/her own password, the contact information of his/her recipients and the images uploaded.
That information will be used only to insure the service described in the present terms and conditions, and will not in any case be given up to a third or a company. The recipient’s and sender’s contact information are private and belong entirely to the user. The contact information of the user can be used by CLICPOSTAL to promote new offers or to enquire about the use of the service.
Article 12: Service interruption
Because of the technical and global nature of the internet network, www.clickpostal.com cannot grant the user any non-interruption of service, from its mistake or from technical providers’ mistake.
Likewise the user can bind the responsibility of www.clickpostal.com when the shut down of the website is a consequence of a technical failure of its mistake, maintenance or update procedure, technical breakdown or case of force majeure as anticipated and defined in the article 16. The company CLICPOSTAL commits to do all it can to limit this interruption.
Article 13: Applicable law
Terms and condition, all acts and operations in accordance with the presents as well as the rights and obligations of the parties at this presents are ruled and interpreted in accordance with the French Law.
Article 14: Jurisdiction
For any disagreement or protest that might occur related to the formation, the interpretation, the acceptance or the execution of the present contract, only can be competent the courts having jurisdiction where the company has its seat, even in the case of several defendants or several notices being served.
Article 15: Autonomy of the contract clauses
If one of the dispositions is not applicable by virtue of the right in force, the parties agree to renegotiate it bona fide to keep the economic position they benefit from as close as the one mentioned in the disposition that became not applicable. If they do not manage to replace this disposition through an agreement that might apply, this disposition will be excluded from the terms and conditions, the rest of the terms and conditions to be interpreted as the disposition is excluded, the rest of the terms and conditions being applicable as the conditions deal with.
Article 16: The force majeure
The force majeure is here understood as any extern and unexpected event. Besides it takes note of the civil and military authorities, fires, inundations, seism, riots, wars, sabotage acts, network failure, electronic file code failure, software limits or incapacity to have telecommunication services or government measures and strike. Neither www.clickpostal.com nor any third party participating to providing the service will be responsible for the failure or the delay in the proceeding of their obligation as written in the terms and conditions, consequence of causes such as the ones defined previously, as far as however the parties concerned do all they can to attenuate the effects of the aforementioned situations.
Article 17: Modification of the present conditions
www.clickpostal.com reserves the right to modify all or some of the present terms and conditions. The terms and conditions applicable to every transaction are the ones in force on the day of the order.