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These general conditions are entered into exclusively between the company SMS and Co, a Simplified Joint Stock Company registered with the Trade and Companies Register of Toulouse under number 799 209 184, with its registered office at Place Jean Payra 66000 Perpignan (hereinafter referred to as “SMS and Co”), publishing the website “https://old-monlivres.digitality-agency.com ” (hereinafter referred to as the “Site”) and the Facebook account “https://www.facebook.com/MonLivreSms.com “, and any person making a purchase on the Site (hereinafter referred to as the “Users”); SMS and Co and the Users are collectively referred to as the “Parties.”
The Parties agree that their contractual relations will be exclusively governed by these general conditions. These conditions may be subject to modifications by SMS and Co. Therefore, it is understood that the applicable general conditions are those in force on the day of the order on the Site.
Any order placed on the Site is subject to acceptance of these general conditions by the User, who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing the order. It is the responsibility of the User to carefully read the following provisions, as all of them constitute a contract formalizing the contractual relations with SMS and Co, to the exclusion of all other documents, brochures, catalogs, or product photographs, which have only indicative value.
The User also acknowledges having the capacity and holding the powers and authorizations necessary to contract.
These general conditions, as well as all contractual information mentioned on the Site, are drafted in the French language.
Users entrust SMS and Co with the task of creating one or more books composed of SMS messages from their mobile phones, which are understood as short text messages of up to 160 characters.
This transfer is made from (i) the software provided on the Site for phones with iOS operating systems (hereinafter referred to as the “Software”) or (ii) the “MonLivreSMS” application for phones with Android operating systems (hereinafter referred to as the “Application”).
The order is then personalized and finalized on the Site.
Once the book is created using the Software or Application, placing an order on the Site is done in several steps:
The order confirmation email signifies SMS and Co’s acceptance of the User’s order and thus forms the sales contract between the Parties.
As soon as the order is ready to be shipped, SMS and Co will send an email confirming the shipment to the User.
SMS and Co reserves the right to refuse an order at its sole discretion, especially in cases of inability to perform the service, violation of current laws and regulations, infringement of the rights of others, presumption of the User’s inability to contract or perform the contract.
The prices displayed on the Site are indicated in euros and include all applicable charges in Metropolitan France and Corsica. VAT is applied at the rate in effect at the time of placing the order.
The prices displayed on the Site do not include shipping costs, the prices of certain packaging, or the prices of other optional services subscribed to by the User, which are additional. These will be communicated to the User on the summary screen before final validation of the order.
SMS and Co reserves the right to change prices at any time. The order amount will be determined by the prices in effect on the Site on the date of the order.
Payment is made online by credit card (Carte Bleue, Visa, Mastercard) using a secure payment system.
SMS and Co ensures the security of credit card payments by using the SSL (Secure Socket Layer) encryption protocol and by using the e-transaction system of Crédit Agricole for payment processing.
In accordance with the Data Protection Act of January 6, 1978, as amended by the law of August 6, 2004, the customer’s personal information is protected and encrypted during transmission to the bank’s payment processing center.
The order validated by the User will only be considered effective once the relevant bank payment centers have given their approval. In case of refusal by the bank payment centers, the order will be automatically canceled, and the User will be notified by email.
In the case of anti-fraud checks aimed at securing transactions, SMS and Co may request that the User provide one or more proof of address and/or a copy of an identity card by email before validating the order.
The order will only be definitive upon receipt of these documents by SMS and Co and the sending of the confirmation email. In the absence of receipt of these documents or if they do not allow the identification of the order’s author and the reality of their domicile with certainty, SMS and Co reserves the right not to accept the order.
SMS and Co also reserves the right to refuse an order if there is an ongoing dispute regarding payment or an abnormally high order level.
Once the order is confirmed, SMS and Co undertakes to ship it within 3 (three) to 8 (eight) business days.
The User will be informed of the shipment of their order by email.
SMS and Co uses a specialized provider for order delivery. The delivery times announced on the Site are from the date the provider takes charge of the order, and these times cannot exceed 30 days from the order’s validation by the Site.
Delivery times depend on the provider, and SMS and Co disclaims all responsibility for delivery delays beyond its control.
Deliveries are only possible in Metropolitan France and Corsica to the delivery address provided by the User on their order.
Any request for re-delivery following a return of goods justified by an incorrect address, an unclaimed letter, or an unidentifiable recipient will be billed to the User at the prevailing rates.
Regarding delivery to a collective address, the User acknowledges that SMS and Co’s service for the shipment of the order ends upon actual delivery to the collective address indicated in their order, even if the package can be received by a third party. The transfer of risks to the User occurs at this time.
Delivery costs are borne by the customer, except for promotions or orders exceeding the sum of 50 (fifty) euros including VAT.
SMS and Co retains full ownership of the items purchased by the User until the User has fulfilled all their obligations, including full payment of the price, if applicable, plus interest.
In accordance with the provisions of Article L. 121-20-2, 3 of the Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer’s specifications or clearly personalized.
Therefore, the User cannot rely on a right of withdrawal for orders placed on the Site.
The User declares that they hold all intellectual property rights related to the SMS files transmitted via the Software or the Application, and in general, for all documents entrusted to SMS and Co.
They thus guarantee SMS and Co that no element transmitted allows a third party to claim intellectual property rights or any other proprietary rights.
As a result, SMS and Co’s liability cannot be engaged in the event of a third-party claim related to the data provided by the User.
In any case, the User undertakes to indemnify SMS and Co for all financial consequences resulting from legal action or claims from third parties, including those arising from the sending, dissemination, use, or transmission of content made on the Site, the Software, or the Application.
However, it is the responsibility of the User to ensure the backup of their data. SMS and Co cannot be held responsible for the loss of User data or their accidental destruction during their transfer via the Site, the Software, or the Application.
SMS and Co also provides no guarantee to the User regarding the retention of data transmitted via the Site, the Software, or the Application. The User cannot hold SMS and Co responsible for data loss, and the User agrees to make their own backup copies.
SMS and Co is only bound by an obligation of means for all stages, including (but not limited to) downloading its software, installing its software, using its software, accessing the site, accessing the “MonLivreSMS” application by Sms and Co, the order process, delivery, or post-sale services.
The Site, the Software, or the Application are made available to the customer. Under no circumstances can SMS and Co be held responsible for technical or material errors, data loss resulting from the use of the Site, the Sms and Co Application, or the Software. SMS and Co’s liability cannot be engaged for any inconveniences or direct or indirect damages inherent in the use of its Software or the Internet, including service interruptions, external intrusions, or the presence of computer viruses, or any event classified as force majeure, in accordance with jurisprudence.
The User has 15 calendar days from the date of delivery to submit written complaints regarding their order to SMS and Co. After this period, the User will be considered as having definitively accepted the delivery and will no longer be able to make any claims.
In the event of a defective performance exclusively attributable to SMS and Co (limited to, for example, incorrect printing or non-printing of certain photos compared to the customer’s order) and subject to the strict compliance by the User with the complaint deadline, compensation for the customer may be considered.
SMS and Co assumes no liability for any direct or indirect damages (such as, notably: loss of business, loss of profit, loss of opportunity, or loss of earnings), or other damages of any kind or any miscellaneous expenses, resulting from the User deeming the quality of the service insufficient, as the service is provided “as is,” disruptions during the use of the site or the “MonLivreSMS” application by Sms and Co, the inability to use the site, the software, or the “MonLivreSMS” application by Sms and Co for any reason, or security breaches that may cause damage to customers’ computer equipment and data due to mishandling.
SMS and Co is authorized to verify the content of the data transmitted by the User. The User is solely responsible for the content and materials transferred, deposited on the site, the software, or via the “MonLivreSMS” application by Sms and Co, made available to third parties, shared with third parties, whether to the public or to private individuals. Only the User, and not SMS and Co, is entirely responsible for the data transferred to the Sms and Co site, the software, or via the “MonLivreSMS” application by Sms and Co. The User undertakes not to use the Service to: download, send, transmit by any means any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist, or otherwise reprehensible; harm minors in any way; transmit any content that could be considered, without limitation, as incitement to commit crimes and offenses; provocation to discrimination, hatred, or violence based on race, ethnicity, or nationality; false news; interference with the authority of justice; information related to adoption, trial, suicide of minors, or individual tax situation; defamation and insult; invasion of privacy; or acts endangering minors, especially through the production, transportation, and dissemination of violent or pornographic messages or messages seriously detrimental to human dignity; counterfeit 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 violates any patent, trademark, trade secret, copyright, or any other property right (hereinafter collectively referred to as “Rights”) belonging to others; download, display, transmit by any means any unsolicited or unauthorized advertising or promotional material (including engaging in “Spam,” transmitting “junk mail,” chain letters, or any other form of solicitation); disrupt or interfere with the Service, servers, networks connected to the Service, record or transmit files and data containing viruses or programs designed to overwrite data in memory or any other contaminating or disruptive function, or refuse to comply with the required conditions, procedures, general rules, or regulatory provisions applicable to networks connected to the Service; intentionally or unintentionally violate any national or international laws or regulations in force and any other rules with the force of law; harass in any way another or several other users: collect and store personal data related to other users.
The stored data may be used for occasional analysis. The data used in this context is anonymized.
In the event that SMS and Co observes the use of its service contrary to these General Sales Conditions, SMS and Co reserves the right to delete the content. For punishable content, SMS and Co will alert the competent authorities. In the event of complaints from third parties regarding the content of a user’s data, SMS and Co will do its utmost to restore a healthy situation, but can in no way be held responsible for the dissemination of data.
The User acknowledges and accepts the specificities and limitations of the Internet, and in particular, is aware that Internet networks can exhibit highly variable technical performance and response times during data transfers.
Data transmission (except for information transmitted for online payment) is neither protected nor encrypted, which means that information and files circulating over the Internet are not necessarily protected, especially against possible hijacking. Therefore, the User agrees to download all their data at their own risk.
Consequently, the User acknowledges that the communication of any type of information they consider confidential is done entirely at their own risk. Additionally, the User undertakes to take measures to protect their personal data, their computer systems, and their software from contamination by all kinds of malicious software (viruses, spyware, etc.) circulating on the Internet.
In general, the User is solely responsible for the use of the data they consult, query, and transfer on or via the Internet, as well as the use of the various services offered by Sms and Co, whose liability cannot be engaged in any way.
The information collected and data concerning you are subject to computer processing intended for the management of your orders, the establishment of invoices, the processing, and delivery of your orders, and are necessary for our business relationship.
In the event of incorrect information, Sms and Co cannot be held responsible for the impossibility of delivering the customer’s order(s).
The transaction history on the website, the software, and via the “MonLivreSMS” application by Sms and Co will be kept for a duration in compliance with the legal retention period for personal data.
These pieces of information and data are kept for security purposes to comply with legal and regulatory obligations and to allow Sms and Co to improve the services offered.
In accordance with the “Information and Freedom” law of January 6, 1978, as amended in 2004, you have the right to access and rectify information about you, which you can exercise by contacting customer service via the contact form or by mail to the following address: Sms and Co, Place Jean Payra 66000 Perpignan, FRANCE.
You can also, for legitimate reasons, object to the processing of your data concerning you.
In accordance with Decree No. 2007-451 of March 25, 2007, the request must be made in writing, signed, and accompanied by a photocopy of an identity document bearing the signature of the holder. The request must specify the address to which the response should be sent. Sms and Co will have a period of 2 (two) months from receipt of the request to respond.
Depending on your choices made when creating your account or when modifying your choices, you may receive commercial offers from our company for products and services similar to those you have ordered. If you have consented to this when creating your account, you may receive commercial offers by email from business partners of Sms and Co.
If you no longer wish to receive these offers, you can simply click on the link provided for this purpose on the “Newsletter Management” page accessible from your profile on our website or contact us (indicating your name, first name, and email address):
The nominative information and personal data collected have been the subject of automated processing declared to the CNIL under number 1736124 v 0.
Cookies record certain information that is stored in the User’s hard disk memory. This information is intended to generate statistics related to Site traffic and to offer services based on the User’s selection during their previous visits. These cookies do not contain confidential information about the User.
These general terms and conditions of sale constitute the entire agreement between Sms and Co and the User.
In the event that any clause of this contract is declared null and void as a result of a change in legislation, regulations, or a court decision, it shall not affect the validity of these general terms and conditions.
The failure of Sms and Co to exercise the rights granted to it under these terms and conditions does not constitute a waiver of these rights for the future.
In the event of force majeure, the obligations of Sms and Co are suspended for the duration of the occurrence. Force majeure cases, in addition to those usually recognized by jurisprudence, include the blocking of telecommunications, the blocking or unavailability of Internet networks, equipment failure delivering the service, fire, water damage, the blocking of means of transport or supply, total or partial strike. Neither party can be held responsible towards the other, and no compensation can be demanded for delays or harmful consequences due to one or more of these force majeure cases. If, beyond a period of three months, the parties find the persistence of force majeure, these general terms and conditions will be automatically and immediately terminated, unless otherwise agreed between the two parties.
This contract and the governing general terms and conditions are subject to French law.
Any complaint should be addressed to the consumer service at sav@monlivresms.com
Any dispute that has not found an amicable solution within a period of 2 (two) months will be brought before the commercial court of the place of registration of SMS and Co.
Any dispute that has not found an amicable solution within a period of 2 (two) months will be brought before the competent French courts.
