Terms and conditions of use

1. Definitions

Hereafter, we will refer to :

  • "Site" or "service": the https://datamix.io site and the https://card.pm web service and all their pages.
  • "Products": all the (immaterial) services that can be purchased or subscribed to on the site.
  • "Publisher": The person, moral or physical, responsible for the edition and the content of the site.
  • "User": The Internet user using the site or one of its Products.
  • "Customer": the Internet user subscribing to a service on the site.

2. Information required by the law of confidence in the digital economy and purpose of the site

The present site is edited by DATAMIX.IO SAS.The legal information concerning the host and the editor of the site, in particular the coordinates and the possible information of capital and registration, are provided in the legal mentions of the present site.The information concerning the collection and the treatment of the personal data (policy and declaration) are provided in the charter of personal data of the site.The object of the present site is determined as "service of dematerialized business cards".The site is of free access to any Internet user. The acquisition of a good or a service, or the creation of a member space, or more generally the navigation on the site supposes the acceptance, by the Internet user, of the entirety of the present general conditions, which recognizes of the same fact to have taken fully knowledge. This acceptance will consist, for the Internet user, in checking the box corresponding to the sentence of acceptance of the present general conditions, having for example the mention "I recognize to have read and accepted all the general conditions of the site". The fact of checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation.The acceptance of the present general conditions supposes on behalf of the users that they enjoy the legal capacity necessary for that. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a guardian, curator or legal representative.

The Publisher provides the Customer, on its Site, with a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights that the Customer has with respect to these personal data. The data privacy policy is part of the GCUV. The acceptance of the present CGUV implies the acceptance of the data privacy policy.

3. Characteristics of the services offered

The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description prepared by the site editor. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure a perfect similarity or that the Service may undergo changes.

The support service of this site is accessible by e-mail at the following address: support@card.pm or by mail at the address indicated in the legal notice, in which case the publisher undertakes to provide a response within 7 days.

DATAMIX.IO also provides its users with a hotline, or telephone assistance, to answer their questions. The hotline can be contacted by phone at 09 50 29 75 47 (not surcharged).

4. Rates

The prices appearing in the catalog are in Euros and do not include taxes. DATAMIX.IO reserves the right to pass on any change in the VAT rate to the price of products or services. The editor also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.

5. Member or user area

Users who have registered on the site (members) can access it by logging in using their login details (email address defined when they registered and password). Users are entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the user is therefore prohibited from passing it on or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorised access to a user's account. The creation of a personal space is an essential prerequisite to any subscription or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The data is collected for the purpose of creating a "member account". This account enables the member to consult the Products subscribed to on the site and the subscriptions held. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the site and its publisher could not be held liable, as this information has no evidential value but is for information purposes only. The pages relating to member accounts may be freely printed by the holder of the account in question but in no way constitute proof; they are for information purposes only and are intended to ensure efficient management of subscriptions and any contributions made by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these general terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering and/or setting up their personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Publisher, of taking legal action against the member, when justified by the facts.

6. Exemption from liability of the publisher in the performance of this contract

In case of impossibility of access to the site, due to technical problems or of any nature, the User will not be able to claim any damage or compensation. The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Internet users and cannot in any way give rise to the granting of damages on behalf of the site or its editor. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the editor of this site could not be committed if the characteristics of the objects differ from the visuals present on the site or if these last ones are erroneous or incomplete. The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a damage.

7. Intellectual property rights relating to the elements published on this site

All the elements of the present site belong to the editor or to a third party agent, or are used by the editor on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting. Any member who is guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of this site or his or her agent.This site uses elements (images, photographs, content) whose credits are due to : Credits.

8. Brands

The trademarks and logos contained in the site are registered by DATAMIX.IO, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

9. Limitation of liability

The editor of the site, in particular in the process of online sale, is only held by an obligation of means; his responsibility could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the Service or others.DATAMIX.IO would not know how to be held for person in charge of the non-fulfilment of the concluded contract, due to the occurrence of an event of absolute necessity and in particular in the event of all-out strike or partial of external services or disasters caused by floods or fires. Concerning the purchased products, the editor will not incur any responsibility for any indirect damage because of the present, operating loss, loss of profit, damage or expenses, which could occur. The choice and the subscription to a Product are under the sole responsibility of the user. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, the editor can in no way be held responsible :- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the site, or on the contrary from the impossibility of its use;- malfunctioning, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser little used by the user; - the content of advertisements and other links or external sources accessible by the user from the site

10. Access to the site

The responsibility of the editor of the site cannot be committed because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the site, to an intervention of the host, to an internal or external strike, to a breakdown of network, to a cut of electric supply, or still to a bad configuration or use of the user's computer.

11. Closing an account

Each member of the site is free to close their account. To do so, the member must send an email to the site indicating that they wish to delete their account. Members may recover their data under the conditions specified in the section of these general terms and conditions concerning data recovery.

12. Applicable law and mediation

The present general conditions are subject to the application of French law. They can be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of his subscription to a service on the present site. The site editor undertakes to keep the old versions of the present general conditions in case of evolution and to send them to any User who would request them.

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will be able to be subjected before any legal action to the appreciation of the editor of the site with a view to a friendly settlement. It is expressly recalled that the requests for amicable settlement do not suspend the time limits opened to bring legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be submitted to the jurisdiction of the courts of the jurisdiction of the Court of Appeal.

Consumer mediation

According to Article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".'); ?>

It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.

13. Use of Cookies

A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in. The User acknowledges that he/she is aware of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The user can refuse the registration of "cookies" or configure his browser to be warned before accepting "cookies". To do this, the User must set his or her browser to:- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies- For Safari: https://support.apple.com/fr-fr/ht1677- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

14. How to subscribe to the service and description of the purchase process

Below, we will define as "Shopping Cart" the immaterial object (for example a page or part of a page of the site) gathering all the Products selected by the user for a purchase or subscription. Once the user considers that he has selected and added to his basket all the products he wishes to purchase, he will be able to validate his order by accessing a summary page on which he will be informed of the characteristics (in particular the volume and any options) of the products ordered, as well as their unit price, or the price of the subscription according to the nature of the service pricing. If the user wishes to validate his/her order, he/she must check the box relating to the ratification of the present general sales conditions and click on the validation button. The user will then be asked to fill in the fields of an order form with a certain amount of personal information about him/her, necessary for the order to be processed correctly. Once the user has validated this order form, he/she will be redirected to the online payment interface where he/she will be able to make his/her payment with the means of payment specified in the dedicated section of the present general conditions, or will have access to the order form necessary to send a check, if necessary. After a few moments, the user will receive an e-mail confirming the order, reminding him/her of the content of the order and its price.

15. Payment Information

The Internet user can place an order on the present site and can make his payment by credit card, bank transfer. Payments by credit card are made through secure transactions provided by an online payment platform provider. The payment is made directly to the bank or payment provider receiving the payment from the Customer. In case of payment by check or bank transfer, the time limits for making the goods available as defined in the article below only start to run from the date of actual receipt of the payment by the seller, the latter being able to provide proof by any means.

16. Provision of services

The provision of the service (otherwise called its delivery) is immediate, or requires a short delay. However, this period may not exceed 7 days. Any claim not made within the rules defined in the dedicated section of the present general conditions and within the time limit will not be taken into account and will release the company DATAMIX.IO from any responsibility towards the buyer. Upon receipt of a valid claim, DATAMIX.IO will communicate by email, fax or phone to the buyer the modalities of reimbursement or modification of the order.

17. Cancellation

In accordance with article L.221-28 of the French Consumer Code, DATAMIX.IO providing access to an online tool, with initial and/or regular billing according to the terms specified in the section specifying the conditions of access to the software of the present general terms and conditions, the site is eligible for withdrawal, but this cannot lead to the reimbursement of the amount already paid for the period already elapsed. It will therefore be a termination, with cancellation of the contract and therefore of future payments. The acceptance of these conditions implies the acceptance of the loss of the legal right of withdrawal established in the above-mentioned article. In case of failure by one of the parties (Customer or Website Editor) to fulfill its contractual obligations, the contract may be terminated by right by the other party after sending a letter of formal notice sent by registered mail with acknowledgement of receipt that has remained without effect. The formal notice shall indicate the default(s) noted. In the event of termination, the Site will inform the Customer of the forthcoming termination of its subscription and the Customer will cease to use all access codes to the solutions and application services. The total or partial impossibility to use the Service, in particular because of incompatibility of the material, cannot give rise to any compensation, refund or questioning of the responsibility of the editor, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of retraction. In case of non availability of an order or part of an order, the customer has a maximum of six months (from the date of access to the online service) to manifest himself. Beyond this period, no claim will be accepted.

18. Archiving

DATAMIX.IO will archive the order forms and invoices on a reliable and durable support constituting a faithful copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

19. Conditions of access to the solution

This site provides the User with a solution on its server, accessible via the Internet. The different solution programs offered and the corresponding subscription conditions are presented on the site's offer pages. Depending on the offer chosen, the site will inform the user of the duration of validity of his subscription. The site carries out the safeguarding and the security of the data. The site grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the solutions, for the entire duration of the contract and for the entire world. The user may only use the application services and solutions in accordance with his needs and their documentation. In particular, the license for the solutions is granted for the sole and exclusive purpose of enabling the user to use the services, to the exclusion of any other purpose. The right of use is understood to be the right to represent and implement the application services in accordance with their purpose, in SaaS mode (Software as a Service) via a connection to an electronic communications network. The user may not under any circumstances make the solutions available to a third party, and is strictly forbidden from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being limitative. If the site sets up a minimum subscription commitment for some of its offers, this will be clearly and distinctly stipulated on the offer page and during the subscription process.

20. Payment

The different solution programs offered and their corresponding subscription prices are presented on the site's offer or price pages.

The site specifies on these pages whether billing is by the period (by the day, month, year, any period started being due, unless otherwise specified, by the customer), or set according to a level of use of resources (any unit of resource started being due, unless otherwise specified, by the customer), or any other way of access, specified on the said page.

Unless otherwise specified when subscribing to the service, the billing method that applies is as follows: 30 € HT per unit and per year. The billing method is also specified on the site's offer or price pages, or otherwise in the section concerning the conditions of access to the solution of these general conditions.

In case of direct debit, the site will specify to the customer in the payment interface the date of the direct debit, and its amount, as well as the frequency, which may depend on each customer.

21. Restitution of the data

In case of termination of the contractual relationship, whatever the cause, the site editor undertakes to destroy or return, at the Customer's option, at the first request of the latter formulated by registered letter with acknowledgement of receipt, all the data belonging to him in a standard format readable without difficulty in an equivalent environment; possibly the precise format of the data may be specified during exchanges between the site and the customer. The customer will actively cooperate with the site in order to facilitate the recovery of the data. The site will ensure that the customer can continue to use the data without interruption, either directly or with the assistance of another provider.

22. Framing of conditions

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The terms and conditions are not assignable, transferable or sublicensable by the user himself. A printed version of the terms and conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the terms and conditions. The parties agree that all correspondence relating to these terms and conditions shall be in the French language.

23. Notifications

Any notification or notice regarding these terms and conditions, the legal notice or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service that allows regular tracking of packages, or by email to the addresses indicated in the legal notice of the site, specifying your full name, contact information and the subject of the notice.

24. Inaccuracies

It is possible that the website and the services offered contain inaccuracies or errors, or information that is not in accordance with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized changes are made by third parties on the site or on related services (social networks ...). We make every effort to ensure that such deviations are corrected. In the event that such a situation would escape us, please contact us by mail or email at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright-related inquiries, please refer to the section on intellectual property.

25. Claims

Any claim relating to the use of the Site, its services or any related services, the Site's pages on any social networks, or the Terms and Conditions, Legal Notice or Privacy Policy must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.

Last update:
June 12, 2021
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