ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all purchases of annual packages of the NFC connected & contactless business card product.
as offered by the Service Provider to non-professional customers (“Customers”) on the https://carteless.com/ website.
The main features of the Services are presented on the https://carteless.com/ website.
The customer must read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These terms and conditions are available at any time on the https://carteless.com/ website and shall prevail over any other document.
The customer declares that he/she has read and accepted these terms and conditions of sale by ticking the appropriate box before placing an order online at https://carteless.com/.
In the absence of proof to the contrary, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Customer.
The Service Provider’s contact details are as follows:
Amplifeo, SARL
Share capital of 3,000 euros
Registered with the RCS of Mulhouse, under number 921501771
18 avenue de Hollande
mail: contact@carteless.com
telephone: 03 68 38 91 60
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.
ARTICLE 2 – Prices
The Services are provided at the rates in force on the https://carteless.com/ website, at the time the order is registered by the Service Provider.
Prices are given in Euros, all taxes included.
Prices take into account any discounts offered by the Service Provider on the https://carteless.com/ website.
These prices are firm and non-revisable during their period of validity, but the Service Provider reserves the right to modify them at any time outside their period of validity.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is drawn up by the Service Provider and sent to the Customer when the ordered Services are provided.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Services they wish to order on the https://carteless.com/ website, according to the following procedures:
The customer registers and enters his contact details, then chooses the payment method and accepts the general terms and conditions before validating the subscription to the annual package he has chosen.
The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the https://carteless.com/ website constitutes the formation of a distance contract between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The customer can follow the progress of his order on the site.
Placing an order on the https://carteless.com/ website implies the conclusion of a contract for a minimum duration of 1 year, renewable for the same duration by tacit agreement.
Under the terms of article L 215 -1 of the French Consumer Code, reproduced below:
“For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, shall in this case be reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules regarding consumer information.”
Article L215-2 of the French Consumer Code excludes the application of article L215-1 to operators of drinking water and wastewater services. Conversely, article L215-3 of the French Consumer Code stipulates that these rules apply to contracts concluded between professionals and non-professionals.
Article L241-3 of the French Consumer Code penalizes professionals who fail to make refunds in accordance with the conditions set out in article L 215-1 of the French Consumer Code”.
ARTICLE 4 – Terms of payment
The price is paid by secure payment as follows:
- payment by credit card
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://carteless.com/ website.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the Service Provider in full in accordance with the above conditions.
ARTICLE 5 – Right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these GCS.
ARTICLE 7 – Liability of the Service Provider – Warranties
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or manufacturing fault in the Services ordered under the following terms and conditions:
Legal warranty provisions
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L217-5 of the French Consumer Code
“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L217-12 of the French Consumer Code
“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
In order to assert his rights, the Customer must inform the Service Provider, in writing (e-mail or letter), of the existence of the defects or lack of conformity.
The Service Provider will reimburse or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and at the latest within 30 days of the Service Provider’s discovery of the defect or fault. This refund may be made by bank transfer or cheque.
The Service Provider’s warranty is limited to the reimbursement of Services actually paid for by the Customer.
The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French case law.
The Services provided through the Provider’s website http://carteless.com/ comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.
ARTICLE 8 – Personal data
The Customer is hereby informed that the collection of his personal data is necessary for the sale of the Services and their completion and delivery, as well as for their transmission to third parties involved in the completion of the Services. This personal data is collected solely for the purpose of fulfilling the service contract.
8.1 Collection of personal data
The following personal data are collected on the https://carteless.com/ website:
Opening an account
When creating a customer/user account :
Full name, postal address, telephone number and e-mail address.
Payment
As part of the payment process for Services offered on the https://carteless.com/ website, the latter records financial data relating to the Customer’s bank account or credit card.
8.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
8.6 Security and confidentiality
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information over the Internet.
8.7 Enforcement of customer and user rights
Pursuant to the regulations applicable to personal data, customers and users of the https://carteless.com/ website have the following rights:
- They can update or delete their data as follows:
by contacting us at contact@carteless.com.
- They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
- They may also request the portability of data held by the Service Provider to another service provider.
- Finally, they may object to the processing of their data by the Service Provider.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must respond within a maximum of one month.
Any refusal to grant the Customer’s request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box to agree to receive informative and advertising e-mails from the Service Provider. You may withdraw your consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 – Intellectual property
The content of the https://carteless.com/ website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 – Disputes
For any complaint, please contact customer service at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTC.
The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
All disputes arising out of or in connection with the purchase or sale of goods under these GTCS, which are not settled amicably by the seller or by mediation, shall be referred to the competent courts under the conditions of ordinary law.
