General Conditions of Sale and Subscription for consumers

WELCOME TO THE LETTER-DIRECT.COM PORTAL
Updated April 4, 2024

BY PLACING AN ORDER OR SUBSCRIBING TO A SERVICE THROUGH OUR SITE, THE CLIENT, AS A CONSUMER, AGREES TO ACCEPT THESE GENERAL TERMS AND CONDITIONS OF SALE AND SUBSCRIPTION WITHOUT EXCEPTION.

ARTICLE 1. DEFINITION

These General Terms and Conditions of Sale and Subscription (hereinafter referred to as “CGVA”) constitute an agreement between MKD WORD S.L, registered in Spain under number B56372634, located at Calle Torres y Amat 21, 08001 Barcelona, reachable by phone at 0 800 914 786 (non-premium rate) and by email at [email protected] (hereinafter referred to as “THE COMPANY”), and the Client considered as a consumer (hereafter collectively referred to as “The Parties” or individually as “The Party”).

These CGVA define the conditions under which sales and subscriptions are made through the website at the address https://letter-direct.com (hereafter referred to as the “Site”), including the purchase of Products and subscription to Subscriptions. The Site offers Clients a solution for sending letters and postcards.

It is clearly indicated and recognized by the Client that the Site is designed for a public of consumers and professionals, however, these CGVA are exclusively intended for consumers.
ARTICLE 2. TERMINOLOGY

For the purposes of these General Terms and Conditions of Sale and Subscription (hereinafter referred to as “CGVA”), the following definitions apply, whether the terms are used in the singular or plural: • “Subscription”: refers to the paid monthly subscription option “LetterDirect+” available for subscription on the Site. • “One-time Purchase” or “Single Purchase”: corresponds to the act of buying a specific Product on the Site without opting for the subscription. • “Client”: refers to the contracting party of the COMPANY, affirming its status as a consumer in accordance with French legislation and jurisprudence. It is understood that the Client is an individual acting for personal reasons and not as part of their commercial, industrial, artisanal, liberal, or agricultural activities. This term encompasses indistinctly the user making a One-time Purchase, benefiting from the Trial Offer, or subscribing to a Subscription on the Site. • “Subscribed Client”: designates a Client who has subscribed to a Subscription on the Site in order to enjoy the Services and order several Products under preferential conditions. The Client benefiting from the Trial Offer is also considered as a Subscribed Client. • “Order”: indicates the act of purchasing Products on the Site by a Client. • “General Terms and Conditions of Sale and Subscription” or “CGVA”: refers to these conditions which govern the transactions made on the Site between the COMPANY and the Client, including single purchases as well as subscriptions to Subscriptions. • “Contents”: includes all information, texts, logos, brands, animations, drawings, models, photographs, data, and more generally any element and content published on the Site, whether by the COMPANY or the Client. • “Personal Space”: refers to the space on the Site dedicated to the Client, gathering all their personal data and allowing access to the Site and Services. Access to this space is secured by Identifiers and can be done via the “My Account” section of the Site. • “Identifiers”: corresponds to the email address and password of the Client, necessary to connect to the Personal Space on the Site. • “Delivery”: means the handing over of the Products ordered to the address indicated by the Client during the Order. • “Trial Offer”: represents access to the Services offered at a reduced rate during the Trial Period. • “Contractual Period”: defines the duration of the Subscription chosen by the Client, typically one month. • “Trial Period”: designates the forty-eight (48) hours following the subscription to a Subscription on the Site, during which Clients can benefit from the Trial Offer. • “Products”: encompasses all the items for sale by the COMPANY on the Site, including various types of correspondence such as letters, postcards (small, standard, folded, large). Products can be ordered either via a One-time Purchase or in the form of a Subscription. • “Services”: refers to the services offered, including digital services, as part of the Subscription for the Contractual Period. • “Site”: relates to the website managed by the COMPANY, accessible via the URL: https://letter-direct.com. This term includes all web pages and features available to Users. • “Territory”: refers to metropolitan France, the DOM-TOMs, Europe, and the United Kingdom. • “User”: designates any individual or entity visiting and browsing the Site, whether they are a Client, Subscribed Client, or simply a visitor.

ARTICLE 3. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE AND SUBSCRIPTION

Before finalizing any purchase of Products or, where applicable, subscribing, the Client must read the General Terms and Conditions of Sale and Subscription (CGVA) and explicitly accept them.

These CGVA are accessible from each page of the site via a hyperlink, allowing them to be consulted at any time. Clients are advised to read them carefully, download, print, and keep a copy for future reference.

The COMPANY recommends reviewing the CGVA with each new order or subscription, as the most recent version governs the transaction in question.

ARTICLE 4. TECHNICAL REQUIREMENTS

The User must have the necessary skills and technical means to order Products or use the Services on the Site. It is imperative to ensure that the technical and computer equipment used to access the Site is compatible and secure, and that the web browser allows secure access. The User must also ensure that their computer system is well maintained, up to date, and free of any viruses.

The costs of equipment and telecommunications necessary for access and use of the Site are borne by the User.

ARTICLE 5. ACCOUNT CREATION ON THE SITE

To fully enjoy the functionalities offered by the Site, including making purchases or possibly subscribing to a subscription, the Client must be an individual of at least 18 years old or have the required legal capacity.

5.1. Registration Procedure

On their first visit to the site, the User must decide whether they wish to: - Make a One-time Purchase; - Take out a Subscription.

The possibility of creating a Personal Space is offered only when making an Order or subscribing to a Subscription. Registration cannot be done without a prior purchase.

To create their Personal Space, the User must provide: - Their first and last name; - Their email address; - Confirm that they are acting as an individual and not a professional.

A registration will only be validated if it is complete, which the Client acknowledges and accepts. The information provided during registration must be accurate, current, truthful, and not misleading. The COMPANY may ask the Client to verify their identity, eligibility, and the data provided by any means deemed appropriate.

The data entered by the Client during the creation or updating of their Personal Space serves as confirmation of their identity. This information binds the Client upon validation.

It is important that the Client updates this information in their Personal Space if changes occur, to maintain their accuracy.

The email address provided at registration and the password received by email constitute the Client's Identifiers.

Clients are advised to change their password upon their first login and to change it regularly thereafter.

After registration, the Client can access their Personal Space using their Identifiers by clicking on the “Log In” tab present on the Site.

The COMPANY commits to securing and archiving contractual documents in accordance with legal and regulatory obligations.

5.2. Security of identifiers

The Client is solely responsible for the use of their Identifiers and the actions carried out via their Personal Space.

If the Client uses or discloses their Identifiers inappropriately, the COMPANY may suspend access to the Personal Space without notice or compensation.

The COMPANY is not responsible in case of identity theft of the Client. Any access and any operation performed from a Client's Personal Space are presumed to be carried out by that Client, since the COMPANY is not obligated nor technically able to verify the identity of users of the Personal Space.

In case of loss, misappropriation, or unauthorized use of a Client's Identifiers and their consequences, the responsibility lies solely with the Client, who must immediately notify the COMPANY by email at: [email protected].

5.3. Features accessible from the Personal Space for all Clients

From their Personal Space, the Client has access to the following options: • Access their Personal Space to modify their personal information (password, email address); • Access the cloud containing previously sent mail; • Access the history of mailings, including: o The printing date of the sent letters; o The deposit date at the postal sorting center; o Tracking of the routing history; o History of routing errors; o Proof of deposit; o Receipt acknowledgment for registered letters; • Send a new letter; • Send a new postcard.

5.4. Unsubscribing

To close their Personal Space, the Client can send an email to: [email protected]. The COMPANY will deactivate the Personal Space and confirm the closure by email to the Client.

A Subscribed Client wishing to cancel their subscription via email must comply with the terms of article 7.5 of the CGVA. The cancellation will be effective once processed by an agent of the COMPANY. Although the COMPANY commits to processing these requests promptly, it cannot guarantee immediate consideration of the cancellation request received by email.

The Subscribed Client may also use the unsubscribe form on the Site to cancel their Subscription and close their Personal Space.

Any ongoing Product Orders must be paid for by the Client and delivered by the COMPANY.
ARTICLE 6. PRODUCT DESCRIPTION

The Client has access to detailed tracking of the printing process and handling of their mail online.

It is important to note that the COMPANY does not modify or oversee the content sent by the Client during Product Orders. Thus, the COMPANY is not considered the publisher of these contents.

The COMPANY commits to providing a clear and accurate presentation of the essential features of the Products, as well as necessary information in accordance with French legislation, before any Order.

These details and features are available on the Site.

6.1. Letters

Correspondence labeled as “letters” are printed on high-quality paper weighing 80 grams.

6.2. Postcards

Correspondence designated as “postcards” are printed on high-quality cardboard paper weighing 220 grams, ensuring a print with no visible margins.

The “small postcard” includes both the recipient's address and the stamp next to the personalized message by the Client.

For other models of postcards, the recipient's address is indicated on the envelope.

The message on the “folded postcard” is printed on page three, while the image is on page one.
ARTICLE 7. SUBSCRIPTION PLAN

7.1. Benefits Reserved for Subscribed Clients

Specific Services are accessible exclusively to Clients with a Subscription on the Site. In addition to the features available to all Clients with a Personal Space, the following benefits are offered to Subscribed Clients: • The sending of a specified number of letters included in the monthly subscription (see current rates on the site); • The possibility of sending simple, tracked, or registered letters; • Online tracking of mailings; • Access to letter templates; • Access to contract and form templates; • 10 GB of Cloud space; • Management of electronic signatures; • Priority customer service with a direct phone line.

The COMPANY commits to presenting clearly and understandably: • The main features of the Services considering their nature and the communication medium used, including compatibility, interoperability, and any usage restrictions; • The mandatory information that the Client must receive according to applicable law.

These details are directly accessible on the Site.

Users are advised to read this information carefully before committing to a subscription.

7.2. Trial Period

Any User wishing to subscribe benefits from an automatic trial period. During these 48 hours of trial, the Client enjoys preferential rates on Product orders. The applicable rates during this period are indicated on the Site, notably at the following address: https ://letter-direct.com/prix-abonnement.

To cancel the subscription during the trial period, the Client must: - Access their Client Space to cancel the subscription; - Use the unsubscribe form available on the Site; - Send an email to [email protected]; - Contact customer service by phone or chat during the indicated hours.

If the subscription is not cancelled before the end of the trial period, the subscription automatically becomes paid, and the corresponding amount is charged for a one-month contractual period.

7.3. Subscription Activation

To activate the subscription, the User must choose the LetterDirect+ monthly subscription plan by clicking on "SEND A LETTER" or any other button leading to the subscription process. The choice of Product follows.

After the purchase process detailed in article 8, payment finalizes the subscription. The effective date of the subscription corresponds to the COMPANY’s confirmation of the order or the day after the end of the trial period.

A subscription confirmation email is sent to the new Subscribed Client.

7.4. Subscription Rates

The LetterDirect+ subscription for individuals is offered at €39.00 incl. tax per month. The subscription authorizes an automatic debit on the Client's payment method starting from the trial period.

The first payment takes place upon the confirmation of the order for subscriptions without a trial period.

7.5. Duration and Cancellation of the Subscription

The subscription has an initial duration of one month and is automatically renewed unless the Client expressly requests its cancellation from the COMPANY.

Subscriptions contracted on the last day of the month are renewed on the last day of the following month.

To cancel, the Subscribed Client may: - Access their Personal Space to cancel; - Use the unsubscribe form on the Site; - Send an email to [email protected].

Cancellation takes effect at the end of the current contractual period. The fees already incurred for this period are non-refundable (except in case of non-use of the service), but access to the services remains active until the end of this period.
ARTICLE 8. PLACING AN ORDER FOR PRODUCTS

8.1. Ordering Process

To make a purchase on the Site, whether for a One-time Purchase or as part of a Subscription, the Client must follow the steps described below, which may vary slightly depending on the nature of the purchase.

Upon arrival on the site, the Client must choose between making a simple mail sending or opting for a Subscription, as described in article 7 of these CGVA.

The Client must then select and customize, if necessary, the desired Product(s) by clicking on them. After choosing the shipping method and filling in the information marked with an asterisk (*) regarding the recipient and delivery as well as the details for billing, the Client will need to identify themselves or create their Personal Space.

When entering the sender's information, the Client can check the content of their Order and have a preview of the letter, shipping method, and recipient before proceeding.

A summary window then allows the Client to modify their Order if necessary and to proceed with the payment by following the instructions provided on the Site and completing all the information required for the billing and delivery of the Products.

8.2. Order Confirmation

After finalizing the order, a confirmation is automatically sent by email to the Client, to the address provided, including a summary of the order that the Client can keep and print.

8.3. Invoicing

Neither the online order form nor the order confirmation email sent by the COMPANY constitute an invoice. A copy of the invoice is accessible in the Client's Personal Space.

8.4. Delivery

Details regarding the delivery of Products are explained in the "Delivery Policy", annexed to these CGVA.

8.5. Packaging

All postcards, except for the “small postcard”, are delivered in a protective envelope.

8.6. Product Availability

The COMPANY commits to delivering the Products within the timelines communicated to the Client, unless a different agreement between the parties exists. If a Product is unavailable, this will be indicated on its specific page.

If the unavailability was not indicated at the time of the order, the COMPANY will inform the Client without delay. In case of unavailability, with the Client's agreement, the COMPANY may offer a replacement Product of equivalent quality and price.

In case of order cancellation due to product unavailability, the Client will be refunded all amounts paid for these products within 14 days of the cancellation.

The COMPANY declines any responsibility for delays or delivery problems attributable to its partners.
ARTICLE 9. FINANCIAL CONDITIONS

9.1. Pricing

Product and service prices are displayed on the Site in euros, VAT included. These prices include VAT applicable on the date of the order. A change in the VAT rate could affect prices as soon as it is applied.

VAT is applied as a percentage of the price of products or services. The price charged to the Client is the one indicated on the Site at the time of finalizing the purchase. The COMPANY reserves the right to modify its prices at any time, but commits to applying the rates in force indicated at the time of the order or at the time of engaging in a subscription.

9.2. Payment Methods

To pay for an order or subscribe, the Client can use the payment methods accepted by the COMPANY, notably: • Payment by credit card (Visa, MasterCard, Carte Bleue).

After entering their payment information, the Client is redirected to a secure site to finalize the transaction.

The Client guarantees to the COMPANY that they have all the necessary authorizations to use the chosen payment method at the time of the order or subscription. The COMPANY takes all necessary measures to ensure the security and confidentiality of data transmitted during online payments.

9.3. Payment Date

Payment is deemed made on the date the COMPANY receives online confirmation of the order. The deadlines indicated on the Site only begin to run from this date.

9.4. Refusal of Payment

If the bank refuses to debit a card or any other payment method, the Client must contact the COMPANY's Assistance Service to pay the subscription to the Services by any other valid and accepted means of payment. If the transmission of the money owed by the Client proves impossible for any reason, the subscription to the Services will be cancelled and automatically terminated.

The COMPANY also reserves the right to suspend any order or subscription in case of fraud or attempted fraud related to the use of the Site by the Client.
ARTICLE 10. TRANSFER OF OWNERSHIP

Ownership of the products remains with the COMPANY until full payment by the Client.

The transfer of the risks of loss or damage of the Products subject to the retention of title, as well as the risk of damage they may cause, is made at the moment when the Client or a third party designated by them takes physical possession of these Products, regardless of the payment. In the event of delivery by a carrier other than the one proposed by the COMPANY, the risk of loss or damage to the Product is transferred to the Client upon handing over the Product to the carrier.
ARTICLE 11. RIGHT OF WITHDRAWAL

The conditions for exercising the right of withdrawal are detailed in the “Withdrawal Policy” available in Annex 2.
ARTICLE 12. LEGAL WARRANTIES

All Clients benefit from legal warranties detailed in Annex 1.
ARTICLE 13. ONLINE REVIEWS

The company has entrusted the management of its online reviews to Verified Reviews. The Verified Reviews solution is provided by SKEEPERS, specialized in the management of consumer reviews following an online order. Verified Reviews is certified by AFNOR Certification for the processing of "online reviews": "collection, moderation, and restitution of reviews".

The transparency charter of Verified Reviews is available on this link transparency charter.

Following the dispatch of the Products ordered via the site, the client will receive an email inviting them to leave a review on their purchase experience.

Therefore, the client has the opportunity to leave their review on the purchased Product.

Clients can evaluate the Products by awarding a rating through stars from “0 to 5”, with five (5) stars being the maximum rating.

Clients may also leave a comment related to their purchase experience regarding the Product.

In case of control exercised on the reviews, the COMPANY commits that the data processing carried out in this context complies with the law n°78-17 of January 6, 1978, related to information technology, files and freedoms amended, and the GDPR.

Subsequently, and in case of relevant reporting, the COMPANY commits to deleting a review if it: • Does not respect these General Terms and Conditions of Sale and Subscription; • Does not respect the moderation and review conditions of Verified Reviews; • Contains defamatory, abusive, offensive, malicious content, inciting violence or hatred, racist, illegal, discriminatory content, infringing on privacy or image rights, or inappropriate in any way.
ARTICLE 14. OBLIGATIONS OF THE PARTIES

14.1. User's Obligations

In the context of using the Site, each User commits not to disrupt public order, to comply with current laws and regulations, and to respect the rights of third parties and the provisions of these CGVA.

In particular, each User is obliged to: ▪ Conduct themselves loyally towards the COMPANY; ▪ Be honest and truthful in the information provided to the COMPANY; ▪ Use the Services and the Site according to their purpose as described in these CGVA; ▪ Not divert the purpose of the Services and the Site to commit crimes, offenses, or infractions punished by the penal code or by any other legal or regulatory provision; ▪ Respect the privacy of third parties and the confidentiality of exchanges; ▪ Respect the intellectual property rights of the COMPANY on the elements of the Site; ▪ Not attempt to harm the automated data processing systems implemented on the Site, particularly through practices such as web scraping; ▪ Not modify the information posted online by the COMPANY; ▪ Not use the Site to send unsolicited messages (advertising or otherwise) en masse; ▪ Not disseminate data that would diminish, disorganize, slow down, or interrupt the normal operation of the Services or the Site; ▪ Not send anonymous letters.

In compliance with current legal and regulatory provisions and in accordance with the law of July 29, 1881, relating to freedom of the press, the User commits not to disseminate messages or information: ▪ Constituting wrongful disparagement targeting the COMPANY; ▪ Contrary to public order and good morals; ▪ Of an insulting, defamatory, racist, xenophobic, revisionist nature, or infringing on the honor or reputation of others; ▪ Inciting discrimination, hatred of a person or group of people based on their origin or their belonging or non-belonging to a certain ethnic group, nation, race, or religion; ▪ Threatening a person or group of people; ▪ Of a pedophile nature; ▪ Inciting to commit a crime, a misdemeanor, or an act of terrorism or glorifying war crimes or crimes against humanity; ▪ Inciting to suicide; ▪ Allowing third parties to obtain directly or indirectly pirated software, software serial numbers, software enabling acts of hacking and intrusion into computer and telecommunications systems, viruses, and other logic bombs, and generally any software tool or other means to infringe the rights of others and the safety of people and property; ▪ Of a commercial nature (prospecting, solicitation, prostitution…).

14.2. COMPANY's Obligations

The COMPANY's general obligation is an obligation of means. There is no obligation of result or enhanced means obligation of any kind on the COMPANY.

The COMPANY commits to deploying all means to ensure continuous access and use of the Site 7 days a week and 24 hours a day.

However, the COMPANY draws Users' attention to the fact that current communication protocols via the Internet do not guarantee certain and continuous transmission of electronic exchanges (messages, documents, sender's or recipient's identity).
ARTICLE 15. UPDATES

For the purposes of this article, “Update” means any update or modification aimed at maintaining, adapting, or evolving the Services offered, including any security measures, whether these updates are necessary or not to maintain the compliance of the Services.

15.1. Updates Necessary for Maintaining Service Compliance

The COMPANY commits to informing the Client about Updates necessary for maintaining the compliance of the Services and ensuring their reception during the Contractual Period in which the digital content or digital service is provided under these CGVA when their continuous provision over a given period is foreseen.

For each necessary Update, the COMPANY will specify to the Client the availability of the update, the modalities of its installation, and the consequences of not installing the Update by the Client.

The COMPANY cannot be held responsible for non -compliance faults caused by the absence of installation or incorrect installation of the Update by the Client, unless this failure to install results from a lack of information provided by the COMPANY or from deficiencies in the installation instructions.

15.2. Updates Not Necessary for Maintaining Service Compliance

The Client is informed that the COMPANY commits to informing them about Updates not necessary for maintaining the compliance of the Services but allowing, for example, the improvement or modification of the Services, the addition of new functionalities, or the adaptation to technical evolutions.

These Updates, as well as their effective date, will be subject to prior information, provided in a clear and understandable manner, reasonably in advance, and by email (or any other durable medium).

These Updates will be indicated during the Contractual Period in which the Services are provided under these CGVA.

It is specified that Updates not necessary will be carried out without any additional cost for the Client.

Any Client may refuse the unnecessary Update in question or uninstall it subsequently if it has a negative impact on their access to the Services or on the use of these Services.

Unless the Update has only a minor impact for the Client or unless the COMPANY allows them to keep the Services without the unnecessary Update and subject to the Services remaining compliant, in the sense of Annex 1 of these CGVA, the Client may terminate these present terms and conditions as of right and without fees. However, the Client must proceed with this termination within a maximum period of thirty (30) days.

The termination of the CGVA ends the Client's access to the concerned Services.
ARTICLE 16. LIABILITY

The COMPANY's liability cannot be engaged in case of non-performance or poor execution of contractual obligations attributable to the Client, notably during the subscription to a Subscription or when placing an Order.

The COMPANY cannot be held responsible, or considered as having failed in its present obligations, for any delay or non-performance, when the cause of the delay or non-performance is linked to a force majeure event as defined by French courts and tribunals.

Furthermore, it is specified that the COMPANY does not control websites that are directly or indirectly linked to the Site. Consequently, it excludes all responsibility for the information published on these websites. The links to third-party websites are provided for information purposes only and no warranty is given as to their content.
ARTICLE 17. FORCE MAJEURE

The COMPANY's liability cannot be invoked if the non-execution or the delay in the execution of one of its obligations described in these CGVA stems from a case of force majeure.

Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not have been reasonably foreseen at the time of the conclusion of the CGVA and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor.

If the hindrance is temporary, the execution of the obligation is suspended unless the delay resulting from it justifies the resolution of the CGVA. If the hindrance is definitive, the CGVA are resolved by rights and the Parties are released from their obligations in the conditions provided by articles 1351 and 1351-1 of the Civil Code.
ARTICLE 18. INTELLECTUAL PROPERTY

18.1. Ownership of Intellectual Property Rights of the COMPANY

All visual and sound elements of the Site, including the underlying technology used, and the Contents are protected by copyright, trademark law, and/or patents. These elements are the property of the COMPANY.

Anyone who publishes a website and wishes to create a direct hypertext link to the Site must ask the COMPANY for written authorization.

This authorization by the COMPANY will in no case be granted definitively. This link must be removed at the request of the COMPANY. Hyperlinks to the Site that use techniques such as framing or through hypertext links (in-line linking) are strictly forbidden.

Any representation or reproduction, total or partial, of the Site and its content, by any process whatsoever, without the prior express authorization of the COMPANY, is prohibited and will constitute an infringement sanctioned by the provisions of the Intellectual Property Code. In particular, the COMPANY expressly prohibits:

• The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database to another medium, by any means and in any form whatsoever; • The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the base, whatever its form; • The reproduction, extraction, or reuse, by any means, including methods assimilable to scraping, of the contents (photographs, descriptions, etc.) published by the COMPANY.

Acceptance of these CGVA constitutes recognition by the Client of the COMPANY's intellectual property rights and a commitment to respect them.

The COMPANY grants a personal, non-exclusive, and non-transferable license to Users authorizing them to use the Site and the information it contains in accordance with these CGVA.

Any other exploitation of the Site and its content is excluded from the scope of this license and cannot be carried out without the prior express authorization of the COMPANY.

18.2. Ownership of Intellectual Property Rights of Clients

As part of the use of the Site and the Order of Products, Clients may present photographs, trademarks, logos, drawings, and other models belonging to them or to third parties.

Any Client submitting Content through the Site guarantees that they have the right to make a representation of all the Contents and will hold the COMPANY harmless.

In any case, the COMPANY can in no way be held responsible for an act of infringement, given its mere status as a host of Contents published by Clients.

For the execution of these presents, any Client grants a free and non-exclusive license to the COMPANY, to use, reproduce, represent, adapt, and make available to the public the said Contents including in particular the creations protected by copyright as well as any distinctive sign visible for the execution of these General Terms and Conditions of Sale and Subscription. This license will be valid for the entire duration of the use of the Site under these presents and worldwide.

This license does not carry any right of sub-license to a third party.
ARTICLE 19. PERSONAL DATA

-------------------- Any consumer has the possibility to register for free on the list of opposition to telephone solicitation BLOCTEL. In accordance with the law n°2020-901 of July 24, 2020, aiming to regulate telephone solicitation and fight against fraudulent calls, any professional reserves the right to solicit a consumer registered on the list of opposition to telephone solicitation when it is about solicitations occurring in the context of the execution of an ongoing contract and having a link with the object of said contract, including when it is about proposing to the consumer products or services related or complementary to the object of the ongoing contract or of a nature to improve its performance or its quality. --------------------

The COMPANY collects on the Site personal data concerning its Clients in the context of the management of information requests, the management and follow-up of Personal Spaces and contracts, the management of Orders and Deliveries of Products, the management of payment, the proper functioning and continuous improvement of the Site, the management of requests for rights issued from the GDPR and, if the Client has expressly chosen this option, to send newsletters and commercial offers, unless the Client no longer wishes to receive such communications from the COMPANY.

To this end, the Client is invited to consult the COMPANY's Privacy Policy accessible at the following address: letter-direct.com/personal-data which will provide further information relating to the protection of personal data, the processing carried out via the Site, and the modalities of exercising the rights.
ARTICLE 20. EVIDENCE AND ARCHIVING

Any contract concluded with the Client for an amount exceeding 120 euros incl. tax will be archived by the COMPANY for a period of ten (10) years in accordance with article L 213-1 of the Consumer Code.

The COMPANY agrees to archive this information to ensure a follow-up of transactions and to produce a copy of the contract at the request of the Client.

In the event of a dispute, the COMPANY will have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 21. CUSTOMER SERVICE

The COMPANY makes available to the Client a "Customer Service Telephone Line" at the following number: 0 800 914 786 (non-premium rate) available from Monday to Friday from 9:00 am to 7:00 pm, and Saturday from 10:00 am to 3:00 pm.

The COMPANY also provides a "customer support chat" available on the Site during the same hours.

Any written claim from the Client must be transmitted by electronic mail to: [email protected] or by postal mail to MKD WORD S.L Calle Torres y Amat 21 08001 Barcelona
ARTICLE 22. MODIFICATION OF THE CGVA

These CGVA apply to any Client who has ordered a Product and, where applicable, subscribed to a Subscription, and this for the entire Contractual Period of their Subscription.

These CGVA are precisely dated and may be modified and updated by the COMPANY at any time.

The applicable CGVA are those in force at the time of the Order or at the time of subscription to the Subscription.

The COMPANY reserves the right to modify these CGVA at any time. These modifications will be notified to the Subscribed Client on a durable medium at least thirty (30) days before the entry into force of the changes.

In the case of a Subscription, the following hypotheses are distinguished: - Either, the Subscribed Client consents to the said modifications, in which case they will automatically come into force on the planned date of the notification; - Either, the Subscribed Client refuses the modifications, in which case they may cancel the Subscription under the conditions provided for in these presents. In this case, the contractual conditions will be maintained until the end of the current Contractual Period, without these CGVA being tacitly renewed.

The Client expressly accepts that their silence following the information given about the modification of the CGVA is considered as an acceptance of the modifications made.
ARTICLE 23. GENERAL PROVISIONS

The fact that one of the Parties has not required the application of any clause of these CGVA, whether permanently or temporarily, cannot in any case be considered as a waiver of such clause.

In case of difficulties of interpretation between any of the headings at the head of the clauses, and any of the clauses, the headings will be declared nonexistent.

In the event that these CGVA are translated, only the French version as communicated shall prevail.
ARTICLE 24. COMPETENT JURISDICTION AND APPLICABLE LAW

THESE GENERAL TERMS AND CONDITIONS OF SALE AND SUBSCRIPTION AS WELL AS THE RELATIONSHIPS BETWEEN THE USER AND THE COMPANY ARE GOVERNED BY FRENCH LAW.

IN CASE OF DISPUTE, ONLY FRENCH COURTS WILL HAVE JURISDICTION.

However, prior to any recourse to an arbitral judge or state court, the User is invited to contact the COMPANY's complaint service.

If no agreement is reached or if the User justifies having attempted, beforehand, to resolve their dispute directly with the COMPANY by a written claim, then a procedure of mediation will be proposed, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.

In application of article L 616-1 of the Consumer Code, the COMPANY also communicates to the consumer the coordinates of the consumer mediator to which it belongs. The Client can thus contact: Paris Mediation and Arbitration Center which can be reached via the following link: https://www.cmap.fr/

Any consumer also has the possibility to resort to the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/

The Party wishing to implement the mediation process must previously inform the other Party by registered letter with acknowledgment of receipt indicating the elements of the conflict.

Mediation not being mandatory, each Party can withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT COULD HAVE BEEN SUBJECT TO MEDIATION WILL BE REFERRED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.

ANNEX 1. LEGAL WARRANTIES

Apart from commercial warranties that the COMPANY could offer for certain Products or Digital Services, all Clients benefit from “legal” warranties for all Products and Digital Services in accordance with article L.221-5 of the Consumer Code.

1. Legal Warranties for Products

-------------------- The consumer has a period of two years from the delivery of the goods to implement the legal warranty of conformity in case of the appearance of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity and not the date of its appearance. When the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to this digital content or this digital service throughout the supply period provided. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. The legal warranty of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the goods. The legal warranty of conformity gives the consumer the right to the repair or replacement of the goods within a period of thirty days following his request, without charge and without major inconvenience for him. If the goods are repaired under the legal warranty of conformity, the consumer benefits from an extension of six months of the initial warranty. If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer can obtain a reduction of the purchase price by keeping the goods or terminate the contract by being fully refunded against restitution of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods occurs after a period of thirty days; 3° The repair or replacement of the goods causes major inconvenience for the consumer, particularly when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller's attempt at conformity that remained unsuccessful. The consumer also has the right to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies that the reduction in price or the resolution of the contract be immediate. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer does not have the right to resolve the sale if the lack of conformity is minor. Any period of immobilization of the goods for repair or replacement suspends the warranty that remained to run until the delivery of the repaired goods. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code. The seller who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 241-5 of the consumer code). All consumers also benefit from the legal warranty of hidden defects under articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the goods are kept or to a full refund against restitution of the goods. --------------------

2. Legal Warranties for Services

-------------------- The consumer has the right to implement the legal warranty of conformity in case of the appearance of a lack of conformity during the Contractual Period from the provision of digital content or the digital service. During this period, the consumer is only required to prove the existence of the lack of conformity and not the date of its appearance. The legal warranty of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or the digital service during the Contractual Period. The legal warranty of conformity gives the consumer the right to the conformity of the digital content or the digital service without unjustified delay following his request, without charge and without major inconvenience for him. The consumer can obtain a reduction of the price by keeping the digital content or the digital service or he can terminate the contract by being fully refunded against renunciation to the digital content or the digital service, if: 1° The professional refuses to bring the digital content or the digital service into conformity; 2° The bringing into conformity of the digital content or the digital service is unjustifiably delayed; 3° The bringing into conformity of the digital content or the digital service cannot occur without fees imposed on the consumer; 4° The bringing into conformity of the digital content or the digital service causes major inconvenience for the consumer. 5° The non-conformity of the digital content or the digital service persists despite the professional's attempt at conformity that remained unsuccessful. The consumer also has the right to a reduction in the price or to the resolution of the contract when the lack of conformity is so serious that it justifies that the reduction in price or the resolution of the contract be immediate. The consumer is then not required to request the conformity of the digital content or the digital service beforehand. In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for the payment of a price. Any period of unavailability of the digital content or the digital service for its bringing into conformity suspends the warranty that remained to run until the provision of the digital content or the digital service of new conformity. These rights result from the application of articles L 224-25-1 to L 244-25-31 of the Consumer Code. The professional who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L 242-18-1 of the Consumer Code). The consumer also benefits from the legal warranty of hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the digital content or the digital service is kept, or to a full refund against renunciation to the digital content or the digital service. --------------------

ANNEXE 2. WITHDRAWAL POLICY

Principle of withdrawal The Client has the principle of the right to withdraw from these CGVA without giving any reason within a period of fourteen (14) days.

Withdrawal period The withdrawal period expires fourteen (14) days after the day of the conclusion of the CGVA between the Client and the COMPANY.

Notification of the right of withdrawal To exercise the right of withdrawal, the Client must notify their decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax, or email) to: • The email address: [email protected] or • The address: MKD WORD S.L, Calle Torres y Amat 21 08001 Barcelona,

They may also use the model withdrawal form below:

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of MKD WORD S.L, Calle Torres y Amat 21 08001 Barcelona [email protected]

I hereby notify you of my withdrawal from the contract for the sale of the Product or Service below: _____________________________________________________________________

Ordered on: _____________________________________________________________________

Name of the consumer(s): _____________________________________________________________________

Address of the consumer(s): _____________________________________________________________________

Signature of the consumer(s) (only if notifying this form on paper): _____________________________________________________________________

Date: ________________________________________________________________

To meet the withdrawal deadline, the Client must send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the Client, the COMPANY undertakes to refund all sums paid, without undue delay, and no later than fourteen (14) days from the date on which the COMPANY is informed of the Client's decision to withdraw (Article L.221-24 of the Consumer Code).

The COMPANY will proceed with the refund using the same means of payment as the one the Client used for the initial transaction, unless the Client expressly agrees to a different means of payment and provided that the refund does not incur any fees for the Client.

The Client who has exercised their right of withdrawal on the provision of digital content not supplied on a tangible medium is not liable for any sum if the COMPANY has not obtained their prior express agreement for the execution of the CGVA before the end of the withdrawal period as well as the proof of their waiver of their right of withdrawal once the contract has been fully executed at their express request (Article L221-26 of the Consumer Code).

In the event of withdrawal from these presents, the COMPANY may prevent any further use of the Products and/or Services by the Client, in particular by ensuring that the Products and/or Services are inaccessible to the Client or by deactivating the Personal Space, without prejudice to the application of article L.221-26-1 II of the Consumer Code (Article L221-26 IV of the Consumer Code).

When the Client has exercised their right of withdrawal , they refrain from using the Products and/or the Services, making them accessible to third parties (Article L.221-26-1 V of the Consumer Code).

Exclusions from the right of withdrawal

The right of withdrawal cannot be exercised for contracts: • For the supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, whose execution has begun with their prior express agreement and with the acknowledgment by them of the loss of their right of withdrawal, when the service has been fully performed by the professional; • For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; • For the supply of goods made to the consumer's specifications or clearly personalized; • For the supply of goods likely to deteriorate or expire rapidly; • For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; • For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items; • For the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; • For urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency; • For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; • For the supply of a newspaper, periodical, or magazine, except for contracts for subscriptions to these publications; • Concluded at a public auction; • For the provision of accommodation services, other than residential accommodation, of goods transport services, car rental services, catering services, or leisure activities that must be provided on a specific date or during a specific period; • For the supply of digital content not supplied on a tangible medium whose execution has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when: o They have given their prior express consent to the start of the contract execution before the expiration of the withdrawal period; and o They have acknowledged that they will lose their right of withdrawal; and o The professional has provided a confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.

(Article L221-28 of the Consumer Code)

ANNEX 3. DELIVERY POLICY

Delivery Zone Products offered can only be delivered within the defined Territory. Any order for a delivery address outside of this Territory will not be accepted.

Products are shipped to the delivery address(es) indicated by the Client during the ordering process.

Shipping Time The timeframes for preparing an Order, before depositing the stocked Products at the Post's sorting center, are indicated on the Site. These timeframes are understood to exclude weekends or public holidays.

An electronic message will automatically be sent to the Client at the time of the Products' dispatch, provided that the email address entered in the registration form is correct.

The Client can then consult this information within their Personal Space.

Delivery Times and Costs During the ordering process, the COMPANY indicates to the Client the possible shipping details and formulas for the purchased Products, asking them to choose among the available shipping methods (green letter, tracked letter, LRAR).

Shipping costs are calculated based on the delivery method, the Product's weight, and the delivery address.

Details of delivery times and costs are detailed on the Site.

In the absence of an indication or agreement as to the delivery date, the Partner delivers the Product without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article 216-1 of the Consumer Code).

Delivery Issues

In the event of a failure by the COMPANY to fulfill its delivery obligation, the Client may avail themselves of article L 216-6 of the Consumer Code, which provides the possibility: - To notify the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code; - To resolve the contract if, after having enjoined the professional to make the delivery within an additional reasonable period, the latter has not performed within this period.

The CGVA are considered resolved upon receipt by the COMPANY of the letter or writing informing it of this resolution, unless the COMPANY has performed in the meantime.

The Client may immediately resolve the contract: - When the professional refuses to deliver the Product or when it is clear that he will not deliver it; - When the professional does not fulfill his obligation to deliver the Product on the date or at the expiry of the deadline provided for in article L 216-1 of the Consumer Code and that this date or this deadline constitutes for the Client an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the Client before the conclusion of the contract.

When the contract is resolved under the aforementioned conditions, the COMPANY refunds the Client for the total amount paid, no later than fourteen (14) days following the date on which the contract was denounced.