ARTICLE 1: Object
The purpose of these "general terms and conditions of sale and use" is to provide a legal framework for the use of the www.simplycards.com site and the use of the SimplyCards mobile application and its services.
This contract is concluded between:
The manager of the SimplyCards service, hereinafter referred to as "SimplyCards".
Any individual or legal entity wishing to access SimplyCards services, hereinafter referred to as "the User". The general terms and conditions of use must be accepted by any User, and access to the site or mobile application constitutes acceptance of these terms and conditions.
ARTICLE 2: Legal notice.
The SimplyCards service is published by SimplyCards, a company registered with the Grenoble Trade and Companies Registry under number 798 506 457.
For any claim, SimplyCards can be contacted by email at email@example.com.
ARTICLE 3: Access to services
3.1 Any User with internet access can access the SimplyCards service free of charge and from anywhere. The costs incurred by the User to access it (internet connection, computer equipment, etc.) are not borne by SimplyCards. All access to the service is secured by the SSL protocol.
3.2 In order to access the full range of services, the User must be registered and connected to the SimplyCards service (i.e. he is identified using his login credentials). The login credentials consist of the User's email address and a personal password.
3.3 The User may access his Personal Space at any time after having identified himself using his connection identifiers.
3.4 The SimplyCards User has access to the following services :
3.4.1 Composition of a personalized postcard : On the front: from 1 to 9 photos of the user's choice. The photos are personal photos of the user that can come from the user's computer, tablet or smartphone or from his Facebook, Instagram or Dropbox account with his authorization. A Pixabay royalty-free image bank is also available. On the back: a personal text, a photo for the stamp and the recipient's address. The recipient can be domiciled anywhere in the world. A QR code is present on the front of the card so that the recipient can thank the card issuer and retrieve the image from the front of the card.
3.4.2 Purchase of credits by secure payment Credit card or Paypal. The pricing conditions are specified at the time of purchase. Credits purchased are valid for 18 months from the date of purchase. Any new credit purchase extends the validity of all the user's valid credits by 18 months.
3.4.3 Sending the card order. Each dispatch causes a credit count as indicated at the time of dispatch.
3.5 SimplyCards prints the card, affixes postage at the current rate according to the card's destination address and entrusts the card to the postal service. These operations are carried out within 24 working hours of the user sending the postcard. The postcard is sent without an envelope.
3.6 The user can choose 2 formats for the printing of his card: standard 11 cm x 15 cm and XL 15 cm x 20 cm.
3.7 The user can cancel a card from the service as long as it is not printed or sent.
3.8 The user is notified of a card order by e-mail.
3.9 Confirmation of dispatch is notified to the user by email
3.10 The card is delivered to the address given by the postal services worldwide. Delivery times depend on the destination and can vary from 2 to 21 working days. Exceeding this time limit shall not give rise to any cancellation of the Order, nor to any payment of damages and interest.
3.11 No damage linked to the transport of the cards will be able to call into question the contractual responsibility of SimplyCards.
3.12 The SimplyCards service may be interrupted or suspended, in particular for maintenance purposes, without prior notice or justification.
3.13 SimplyCards reserves the right to modify the terms and conditions of the service at any time. SimplyCards undertakes to inform users of this by means of a notice published as part of the service. Any use of the service after modification of the terms and conditions implies that the user accepts the modification and undertakes to respect it.
ARTICLE 4: Responsibility of the User
4.1 The User is responsible for the risks associated with the use of his login name and password. The User's password must remain secret. In the event of disclosure of the password, SimplyCards declines all liability.
4.2 The User assumes full responsibility for the use he makes of SimplyCards.
4.3 The User assumes full responsibility for the content he sends on his cards. Before each order confirmation, the User must check the front and back of his card.
The User thus refrains from broadcasting, in particular and without this list being exhaustive :
- Pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist content,
- Counterfeit Content,
- Contents infringing on the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- More generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.
4.4 The User is responsible for the shipping address indicated on the postcard sent. In the event of an error in the address, SimplyCards cannot be held responsible for the non-delivery or late delivery of the postcard to the recipient.
4.5 Any use of the service by the User resulting directly or indirectly in damage must be subject to compensation to the benefit of SimplyCards.
ARTICLE 5: Liability of SimplyCards
5.1 SimplyCards cannot be held liable for any malfunction of the server or network. Similarly, the service cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
5.2 SimplyCards undertakes to implement all necessary means to guarantee the security and confidentiality of data. However, it does not guarantee total security.
5.3 SimplyCards does not store any information concerning the user's means of payment.
5.4 SimplyCards cannot be held responsible for any failure that occurs during the payment process.
5.5 SimplyCards reserves the right not to guarantee the reliability of the sources, although the information disseminated on SimplyCards is deemed reliable.
5.6 The technical constraints of card manufacturing may induce on the cards produced cutting tolerances of about +/-2 mm, printing tolerances of about +/- 2 mm, slight colour variations. SimplyCards cannot be held liable if defects on the front or back of the card (blur, card composition problem, font problem, etc.) are present in the files sent by the user when ordering.
ARTICLE 6: Intellectual Property
The contents of the SimplyCards service are protected by copyright under the French Intellectual Property Code. The User must obtain the authorisation of SimplyCards before reproducing, copying or publishing any of this content. The latter may be used by Users for private purposes; any commercial use is prohibited.
ARTICLE 7: Personal data
7.1 The User must provide a valid and personal email address to register on the site.
7.2 The User's email address may be used by SimplyCards for the communication of information to the SimplyCards service and for account management.
7.3 To stop receiving general communications on the SimplyCards service, the User may click on the unsubscribe link provided for this purpose on each of the emails received and/or forbid the receipt of notifications on the SimplyCards application from his/her mobile phone.
7. 4 The Client is informed that the creation of his personal account and the placing of his orders gives rise to the collection and automated processing of personal data concerning him by SimplyCards, the use of which is subject to the provisions of the French Data Protection Act No. 78-17 of 6 January 1978, aux Fichiers et aux Libertés, as amended by Law 2016-1321 of 7 October 2016 and European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
7.5 The User has the right to access, rectify, delete and oppose his personal data. The User exercises this right via :
- His personal space on the service
- contact form from the SimplyCards service
- By email at firstname.lastname@example.org
7.6 The user data is hosted securely on the servers of the company BSO Networks located in the European Union.
7.7 Support requests are managed via the Freshdesk platform.
7.8 The data analysis is carried out anonymously via GoogleAnalytics and FacebookAnalytics.
7.9 Cookies are used for technical session management.
7.10 The data related to the management of the SimplyCards User account is kept without any time limit. The front and back images that make up a User's cards are deleted after 60 months.
ARTICLE 8: Evolution of the general conditions of use
The SimplyCards site reserves the right to modify the clauses of these general conditions of use at any time and without justification.
ARTICLE 9: Language.
The French language is the language of reference for any possible contradictions arising from translations of these general terms and conditions of sale and use into the various languages.
ARTICLE 10: Duration of the contract
The duration of this contract is indefinite. The contract takes effect with regard to the User from the beginning of the use of the service.
ARTICLE 11: Applicable law and competent jurisdiction
The present contract depends on French legislation. In the event of a dispute not amicably resolved between the User and the Publisher, the courts are competent to settle the dispute.