Article 1: SCOPE
1.1 These standard terms and conditions (“ST&Cs”) govern all the sales of products to professionals (the “Products”) as offered on the website www.paymerix.com (the “Website”) by Paymerix, a French “simplified joint-stock company” with a share capital of EUR 20,000.00, under identification number 842 438 947 (RCS Creteil) and having its registered office at 18, Rue Gaston Monmousseau 94200 Ivry-sur-Seine, (the “Seller”) to any customer (the “Customer”) and worldwide. The VAT number is FR89842438947.
1.2 Placing an order for Products entails the Customer’s full and unreserved adherence to these ST&Cs. In accordance with the law, these ST&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer.
Article 2: DEFINITIONS
“Customer”: Any legal entity or natural person purchasing Products from the Seller, for strictly professional purposes.
“Order”: Action for the Customer to accept these ST&Cs by ticking the box “I have read and I accept the general conditions of sale”, select a Product on the order page and validate the order process up to payment, according to the conditions set out in Article 3.
“Contract”: Set of documentation consisting of the Customer’s Order, these ST&Cs and any potential specific agreement which might be agreed upon by the Parties.
“Party”: the Customer on the one hand, and the Seller on the other hand, referred to jointly as the “Parties”.
“Products”: the Products provided and marketed by the Seller, as presented on the Website including electronic books and/or CD ROMs.
“Website”: the website www.paymerix.com.
“Seller”: the company Paymerix, specialised in the provision of training and IT services to improve payments skills and deliver payment projects.
Article 3: ORDERS
3.1 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in his “Cart”.
3.2 Before validating the Order, the Customer shall expressly accept these ST&Cs, by ticking the box “I have read and I accept the general conditions of sale”.
3.3 In order to ensure a secure payment from Customers on the Website, the Seller has taken out a secure payment guarantee with Stripe and Paypal. The Order is only validated after the Customer provides the information required for the successful completion of his Order and pays for it.
This information is as follows:
Customer’s name, email address, and when necessary billing address, SIREN/SIRET (French business registration numbers) and/or intracommunity VAT number, delivery address and recipient’s telephone number.
3.4 The Customer warrants the accuracy of all this information. Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Orders.
3.5 The Customer’s Order shall be systematically confirmed via email, at the address indicated by the Customer when placing the Order. This confirmation email shall include, in particular, an invoice in the Customer’s name, summarising the identifying features of the Order.
3.6 In order to track the Order, the Customer may contact the Seller’s customer service department at the following email address: [email protected]
3.7 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfilment or payment of a previous Order or when the Customer has not complied with these ST&Cs.
Article 4: PRODUCT AVAILABILITY
4.1 The Order is placed subject to the availability of the Seller’s stocks. In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order.
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.
4.2 In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honouring the Order. Where applicable, the Seller agrees to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled portion of the Order, including the corresponding postage costs. The same shall apply for any additional delivery costs due to this cancellation.
Article 5: WHERE WE STORE YOUR PERSONAL DATA
5.2 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Article 6: PRICES
6.1 The prices are indicated on the Website in Euros, including all taxes applicable in France, processing and delivery costs.
6.2 The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
6.3 In the event of an Order to be sent to a country other than Mainland France, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) are likely to be payable. These duties are borne solely by the Customer and are his full responsibility, both in terms of declarations and payment to the relevant authorities.
Article 7: PAYMENT
7.1 The Order shall be paid for by payment card once the Order has been validated. The payment cards accepted are CB, Visa, MasterCard and American Express. The Customer’s account shall be debited immediately after acceptance of these ST&Cs and validation of the Order, when the confirmation email is sent.
7.2 The Customer warrants that he has the necessary rights to use his payment card and that he is fully authorised to use it to pay for the Order. He also warrants that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale according to the conditions set out in Article 11.
7.3 For its part, the Seller uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of the Customer’s means of payment, over which it has no control.
Article 8: PRODUCTS COMPLIANCE
8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed. This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and acknowledged by the carrier when loading, and the condition of the packing boxes.
8.2 If necessary, the Customer shall make his clear and precise reservations on the carrier’s slip in accordance with Articles L.133-3 et seq. of the French Commercial Code. Simultaneously, the Customer shall also send a copy of the letter to the Seller by registered letter with acknowledgement of receipt.
8.3 Should the Product delivered to the Customer not comply with the Order, the Customer may return it to the Seller.
8.4 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller:
either to have a Product delivered which complies to the one ordered (provided it is in stock);
or to have a Product of equivalent quality and value delivered (provided it is in stock);
or to be refunded for the price of the Product within thirty (30) days of his claim.
8.5 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.
Article 9: RETENTION OF TITLE
9.1 The Seller shall retain full ownership of the Products until the complete payment of the price and incidental costs by the Customer and actual collection by the Seller of the sums due under the Contract. Until they are paid for in full, they shall remain in the custody of the Customer who must assume the risks thereof.
9.2 The implementation of this retention of title clause cannot have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.
Article 10: USE OF THE WEBSITE AND PERSONAL INFORMATION
10.1 The use of the Website shall not confer any rights. All rights used or represented on the Website shall remain the Seller’s exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.
10.2 Access to the Website is provided on an “as is” basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user’s risk. The Seller does not warrant that (i) the Website, the content and Products offered shall fully meet the user’s expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses.
10.3 Computerised registries are kept in the Sellers’ IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Customer. Purchase orders and invoices are filed on a reliable and durable medium. The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.
10.4 Pursuant to the CreEuropean d, the Customer has a right to access, modify, amend and delete his personal data at the following email address: [email protected] More specifically, when the Order is placed and the Customer provides his personal data, he is asked to give his authorisation,
(i) if he wishes to receive information on the Seller’s Products and the Newsletter,
(ii) if he agrees to his data being shared with the Seller’s partners; and
(iii) for the purposes of the guaranteed secure payment on the Website.
10.5 Failing the Customer’s express agreement by clicking on each of these items, the Seller agrees not to make such a use of it.
Article 11: LIABILITY
11.1 The Seller’s online sale department disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery (censorship, prohibition of a title or an author…).
11.2 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage as defined by Articles 1150 and 1151 of the Civil Code, which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.
11.3 In any case, the amount of the Seller’s liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.
11.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.
Article 12: AFFILIATE TERMS AND CONDITIONS
As an authorized affiliate (Affiliate) of Paymerix.com, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before promoting Paymerix.com as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Paymerix by your own website or personal referrals.
By signing up for the Paymerix Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
12.1. Rejection of the Application
We reserve the right to reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program.
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Paymerix reserves the right to require license agreements from those who employ trademarks of Paymerix in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Paymerix, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Paymerix.com reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
12.4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Paymerix site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
12.5. Affiliate Links. Coupon and Deal Sites
Paymerix occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on Paymerix Coupons, Paymerix Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Paymerix will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Paymerix. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
12.7. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless Paymerix and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Paymerix to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
13. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Paymerix affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or Paymerix application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Article 14: INTELLECTUAL PROPERTY RIGHTS
14.1 The Products contain graphic, visual and textual elements and illustrations (the “Intellectual Property Rights”), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either the Seller or third parties.
14.2 Insofar as possible, the Seller identifies the authors and/or holders of these Intellectual Property Rights in the Product bibliography. Should a person or entity recognise one of these elements over which they may exercise rights and which are not completely identified or unidentified, the Seller shall remain available to receive such a claim.
14.3 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation and reproduction over the Products shall continue to be held by the Seller or by the holders of the rights as specified.
14.4 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorisation of the rights holders.
Article 15: DISPUTE/APPLICABLE LAW
15.1 These ST&Cs, in addition to any contract entered into pursuant to the ST&Cs, are subject to French law. Contractual information is presented in French and the Products offered for sale comply with French legislation.
15.2 The Creteil Commercial Court has sole jurisdiction for any dispute relating to the Contract and/or the application of these ST&Cs.