General Terms and Conditions of Sale (TOS)
These General Terms and Conditions of Sale (hereinafter "TOS") govern the sales of services carried out on the site https://publicard.net, between:
The Seller / Provider:
Présent en ligne, whose full legal information can be found on the Legal Notice page of the site,
and The Client:
Any natural or legal person purchasing a service via the site.
Any order placed on the site implies full and complete acceptance of these TOS.
1. Introduction & Scope
These TOS aim to define the conditions under which the Provider provides the Client with digital services for creating, managing, and using digital business cards, accessible online.
2. Proposed Services
The services offered include notably:
- the creation of a personalized digital business card,
- hosting of data associated with this card,
- access to a client area allowing for the management and modification of information,
- sharing the card via a link or a QR code.
The detailed characteristics of the services are presented on the site. The Provider reserves the right to evolve the functionalities at any time, without calling into question the rights acquired by the Client.
3. Order
3.1 Order Process
The Client selects the desired service, checks the summary of their order, accepts these TOS then proceeds to payment according to the modalities proposed on the site. Validation of the order constitutes acceptance of the TOS and forms a firm and definitive contract.
3.2 Confirmation
An order confirmation is sent to the Client electronically after payment validation.
4. Price
The prices of the services are indicated in euros (€), at the net price payable displayed before the order is confirmed. VAT not applicable, article 293 B of the French General Tax Code, unless otherwise stated. The Provider reserves the right to modify its prices at any time. Services are billed based on the rates in effect at the time of the order.
5. Payment Methods
Payment is due immediately upon order. Accepted payment methods are indicated on the site. Transactions are secured via third-party payment providers. The Provider never has access to the Client's banking data at any time.
6. Access to Service
Services are accessible immediately after confirmation of payment. Access is via the Client's user account. The Provider cannot be held responsible for a failure of access attributable in particular to: a technical problem beyond its control, misuse of the service by the Client, or a temporary interruption linked to maintenance operations.
7. Service Duration – Future Evolution
The service is currently offered as a one-time payment. For orders placed under these conditions, no annual subscription is charged and access to the ordered card is retained for life, subject to compliance with these Terms and Conditions of Sale and Terms of Use. The Provider reserves the right to introduce subscription plans for new customers at a later date. In that case, the specific terms (price, duration, renewal, cancellation) will be covered by an update to the Terms and Conditions of Sale and prior information before any subscription.
8. Right of Withdrawal and "7 Days Money-Back" Guarantee
In accordance with Article L221-28 of the Consumer Code, the legal right of withdrawal does not apply to digital services whose execution started immediately after payment. However, as a commercial guarantee, the Provider offers a "7 days money-back" offer. The Client can request a refund for the service within 7 calendar days from the date of order validation, without having to justify any reason, subject to compliance with the conditions provided in Article 9.
9. Refund Conditions
To be eligible for a refund:
- the request must be made within a maximum of 7 days after the order,
- the request must be sent by email to [email protected],
- the request email must specify the order number shown in the order confirmation email,
- the service must not have been subject to manifestly abusive or fraudulent use.
After the request has been approved, the refund is issued within a maximum of 14 days. After the 7-day period, no refund may be claimed under this commercial guarantee.
10. Customer Obligations
The Client agrees to: provide accurate information when ordering, use the service in accordance with the TOU, and not divert the service for illicit, fraudulent purposes or contrary to public order. The Client is solely responsible for the content they publish on their digital business card.
11. Liability
The Provider's liability cannot be engaged in case of: misuse of the service by the Client, temporary interruption of the service, or indirect damages (loss of turnover, loss of data, commercial prejudice). In any case, the Provider's liability is limited to the amount actually paid by the Client for the service concerned.
12. Intellectual Property
All elements of the site and services (texts, graphics, interfaces, software) are protected by intellectual property law. No intellectual property right is transferred to the Client, with the exception of the right of use strictly necessary for the service.
13. Personal Data
The Client's personal data is processed in accordance with the Privacy Policy (GDPR) accessible on the site.
14. Force Majeure
The Provider cannot be held responsible for the non-performance of its obligations in the event of force majeure within the meaning of Article 1218 of the Civil Code.
15. Modification of Terms of Sale
The Provider reserves the right to modify these TOS at any time. The applicable TOS are those in effect on the date of the order.
16. Applicable Law and Disputes
These TOS are governed by French law. In the event of a dispute, the Client is invited to contact the Provider to seek an amicable solution. Failing that, the French courts will have sole jurisdiction.