The "CLICPOSTAL" company proposes for sale on the website www.clickpostal.com a line of customizable stationery products.
Article 1: Field of application of the general terms of sale and use
The present general terms of sale apply in accordance with the law to each sale of a good or a service made by the Clicpostal company.
Clicpostal reserves the full right to adapt or modify any time the present general terms of sale. In case of modification, each order will be regulated by the general terms of sale in force on the day of the order.
By using any Clicpostal service, you agree to be bound by these general terms of sale 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 general terms of sale. No particular condition can, except formal written acceptance from us, prevail upon the present general terms of sale. The fact that we do not prevail upon any of the present general terms of sale cannot be interpreted as a tacit release to those.
Article 2: Terms of use
The website www.clickpostal.com grants an access to the services offered by the "CLICKPOSTAL" company..
The user can access the services offered by “CLICKPOSTAL” on the website www.clickpostal.com. Each physical or artificial, business or individual person who has the legal capacity to contract is authorized to use the website.
2.2 Each buyer who wants to benefit from the services offered on the website www.clickpostal.com must sign in first thanks to an entry on the website www.clickpostal.com in the section “I create my account”.
In the frame of the registration procedure, the user has to choose an identifier and a password. These identifiers are personal and under the exclusive responsibility of their user.
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 can at any time correct all the information entered by accessing the section “My Account”.
Article 3 : The services offered
3.1 Creation and customization: the CLICPOSTAL company offers the internet user an access to an online creation and customization feature displaying stationery products on www.clickpostal.com including in particular greeting cards, invitations, announcements,calendars, diaries, photo albums.
Are excluded from this service all retouchings and modifications of the photos provided by the customer. The customer has therefore to control the quality of his/her photos and the expected result depending on the format and the resolution selected.
3.2 "GOODIES "Customization: The CLICPOSTAL company proposes a large range of customizable "goodies" for sale including mouse pads, mugs, puzzles, T-shirts.
3.3 "Zero mistake" insurance: During the order procedure, the user can select the spelling corection option for his products.
This option includes the correction of the spelling and syntax mistakes of the text written by the user. Are excluded from the offer the verification of the contact information, the dates, the phone numbers and the correction of the proper names.
This service will also be applied to the page layout of the products such as the corection of obvious mistakes made by the customer during the creation process and which are likely to make the product unsuitable to a normal use (unreadable text, photos which are going over their frame, etc)
In case of omission, mistake or fault in the execution of the present service, the CLICKPOSTAL company is committed to reprint and resend at its cost the concerned order to the customer. If the customer can't return the concerned order (cards which have been used or sent to their recipients), the latter won't be able to request the new edition of this order.
3.4 Sending of the orders: The CLICKPOSTAL company promises to make available to its customers the orders manufactured in store at the following address: 206 Rue La Fayette 75010 Paris.
The customer has however the possibility to ask for the sending of his order at home depending on the postal terms and prices.
The available methods of sending are the standard sending by mail and the express sending through a private provider.
Each sending at the request of the customer is placed under the general terms of sale plan of the transporter and CLICKPOSTAL cannot be held liable for this.
3.5 The storage of the photos: the “CLICPOSTAL” company proceeds to an automatic storage of the photos uploaded by the customer. However, the customer cannot aspire to any minimum conservation time of it.
The customer can anytime ask for the removal of one or all his/her photos by writing on the Customer Service interface on the website www.clickpostal.com..
Article 4 : The online conclusion of the agreement.
4.1. The user registered on the website www.clickpostal.com is able to subscribe any offer on the website www.clickpostal.com but can also subscribe one the associated service such as the "zero mistake" insurance.
The entire offers proposed on the website www.clickpostal.com are submitted to the present convention.
4.2 The period of 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..
4.2 The payment: The user can pay his purchases by:
cheque made to the order of the Clicpostal company.
credit card through the secured payment platform Sogenactif
CREDITS : The user can freely credit his/her account for a minimum amount of € 2.49 on the website www.clickpostal.com or by buying prepaid credits. Those credits are not limited in time regarding the use of the funds transfered on a user account of the Clicpostal company. The customer won't be able to get the unused credits back.
Bank transfer.
4.3 Transfer of property: provided the entire payment of the price, the property transfer in favour of the customer occurs when the order is delivered to the postal services.
In case of dishonour, the customer cannot neither claim any property rights on the order nor require any extension.
The confirmation by the customer of his/her order equals an acceptance of the present general terms of sale 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 by any mean.
Article 5 : Price of the services
The prices of the services and the products are those specified on the website www.clickpostal.com on the day of the order.
The user can download a detailed invoice through his/her interface on the website www.clickpostal.com which includes the price (duty free), the applied value added tax as well as the stamping price and other sending modes according to the prices of the postal services.
The invoiced sending costs are those practised by the postal services at the delivery date of the order.
Article 6 : Delivery deadlines
6.1 Any order made on the Internet on the website www.clickpostal.com will be processed within 2 to 4 working days following the receipt of the order. By the end of this term, the CLICPOSTAL company commits to deliver the order to the postal services chosen by the customer.
Incase of non respect of a maximum 10-day term by the Clicpostal company, the customer is able to require the annulment of the agreement and to obtain the refund of the amount paid. The customer cannot be refunded unless he sends back the entire order in its original packaging.
A new delay of 2 to 4 days may occur if:
_the product is the object of a new edition because of a quality control.
_the product is the object of a modification or a new edition requested by the customer.
The execution of one or the exceptions mentioned hereabove will be told to the customer.
Failure to adhere the terms mentioned in the present general terms of sales cannot involve the contractual liability of the CLICPOSTAL company and does not lead to the cancellation of the agreement if the failure results from an act of God as defined in article 16.
Moreover, the breach of the terms 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: If case of sending of the order requested by the customer, the CLICPOSTAL company cannot grant the respect of any term of delivery and cannot be held liable for the loss or the damage of a parcel from the receipt of it by the postal services. The eventual terms or follow-up conditions of the parcels are those specified in the general terms of sale 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 sending.
Article 7 : The retraction right
In application of the article L.121-20-2 of the consumption code, the ratraction right cannot be exercised except if the parties have agreed differently for the agreements concerning the goods which have been manufactured according to the specifications of the consumer or distinctly customized.
Article : Obligations and liabilities of the parties.
8.1 Identifiers: the identifiers and passwords provided by CLICPOSTAL are personal and under the responsibility of their owner.
8.2 Account and identification information: To guarantee the successful execution of the present convention, the customer commits hisself 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 Quality and rendering of the photos and pictures: the CLICPOSTAL company will not operate any modification, any cut off or retouching on the photos or pictures 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 the rendering or the low quality of the photos.
8.4 Ethics and legal restrictions: The users of the CLICPOSTAL service commit not to send any anonymous letter, insult or threat. The content of the documents made by the users must not contain any photo, picture and text of racist, pornographic, paedophile, terrorist, violent nature or any other content forbidden by the law of the sender and recipient countries. Clicpostal will be able to refuse to print and send a mail in the cases previously mentioned and will be able to inform the proper authorities in the cases regulated by the law of the sender and recipient countries.
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 in violation with the property rights of other people, such as texts, pictures, commercial secrets, internal 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 of each person represented for the use and the diffusion of his/her picture.
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. Is only authorized the unique reproduction for the strict private use of the user. Any other reproduction, distribution, transmission or publication with no prior agreement of the 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 done 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 space reasons.
Article 9 : Copyright and intellectual property.
9.1 All texts, comments, works, illustrations and pictures, 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 only authorized the utilization 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, exploit by any way and diffuse in another format, electronically or other, the information available on the site www.clickpostal.com. As a consequence, every other use constitutes an infringement and is sanctioned as copyrighted except if a prior authorization of the CLICPOSTAL company and of its authors is given. 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. In order to protect the templates, the company reserves
the right to print on the back of the templates the mention "www.clickpostal.com".
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.
The website www.clickpostal.com has the authorization from the authors of the photos, pcitures 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 the copyright.
9.2 www.clickpostal.com does not grant any guarantee and declines all liability concerning the copyrights related to the elements inserted by the users themselves (pictures, photos, etc.).
Article 10 : Collecting personal information
The user is informed that the personal data processing communicated to Clicpostal has been declared to the CNIL on 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 sending an e-mail through the Customer Service interface on the website www.clickpostal.com. His/her e-mail won't be communicated to a third party in any case.
The customer can anytime ask for the removal of his/her contact information from the Clicpostal database by writing on the Customer Service interface and requesting to be unsubscribed.
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 pictures uploaded.
That information will be used only to insure the service described in the present general terms of sale, and will not in any case be given up to a third party 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 inform 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 guarantee to the user any service interruption resulting from his/her doing or that of one of the technical porviders.
Moreover, www.clickpostal.com cannot be held liable if the closedown of the service results from a technical failure due to the user's wrongdoing, a maintenance or update operation, a technical fault or an act of God planned and defined at the article 16. The CLICPOSTAL company commits however to use every means at its disposal in order to limit this interruption.
Article 13 Applicable law
The general terms of sale, 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 Territorially proper jurisdiction
For any litigation or protest that might occur related to the formation, the interpretation, the acceptance or the execution of the present agreement, only can be competent the courts having jurisdiction where the company has its head office, even in the case of introduction of third parties or of several defendants.
Article 15 Autonomy of the agreement 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 general terms of sale, the rest of the general terms to be interpreted as the disposition is excluded, the rest of the general terms being applicable as the conditions deal with.
Article 16 The act of God
The act of God is here understood as any extern and unexpected event. Besides it takes note of the civil and military authorities, fires, inundations, earthquakes, 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 general terms, 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 entirely or partly the present general terms of sale. The general terms of sale applicable to every transaction are those in force on the day of the order.