General terms of sale and subscription for the letter-direct site for individuals
HOME ON THE LETTER-DIRECT.COM PORTAL
Updated on 04 April 2024
BY PLACING AN ORDER OR SUBSCRIBING TO A SUBSCRIPTION THROUGH OUR SITE, THE CLIENT, AS A CONSUMER, AGREES TO ACCEPT WITHOUT ANY EXCEPTION THESE GENERAL CONDITIONS OF SALE AND SUBSCRIPTION.
ARTICLE 1. DEFINITION
These General Terms of Sale and Subscription (referred to as "CGVA" hereinafter) establish an agreement between the company MKD WORD S.L, registered in Spain under number B56372634, located at Calle Torres y Amat 21, 08001 Barcelona, contactable by telephone at 0 800 914 786 (toll-free) and by e-mail at [email protected] (hereinafter referred to as "THE COMPANY"), and the Client considered as consumer (hereinafter collectively referred to as "the Parties" or individually "the Party").
These CGVA determine the conditions under which sales and subscriptions are carried out via the website at https://letter-direct.com (hereafter referred to as the Site), including the purchase of Products and subscriptions to Subscriptions. The Site offers Clients a facility for sending letters and postcards.
It is clearly indicated and acknowledged by the Client that the Site is designed for a consumer and professional public; however, these CGVA are exclusively intended for consumers.
ARTICLE 2. TERMINOLOGY
In these General Terms of Sale and Subscription ("CGVA"), the following definitions apply, whether the terms are singular or plural: • Subscription refers to the paid monthly "LetterDirect+" subscription option available for subscription on the Site. • One-off Purchase or "Single Purchase": corresponds to the act of purchasing a specific Product on the Site without opting for the subscription. • Client refers to the contracting party of the COMPANY, asserting its status as a consumer under French law and jurisprudence. It is understood that the Client is an individual acting for personal reasons and not within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, or the status of professional in the sense of French law and jurisprudence, i.e., a person or entity acting for purposes related to its commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf or for another professional. The Professional Client refers to companies or auto-entrepreneurs. The Client refers to the User who makes a One-off Purchase, benefits from the trial offer, or subscribes to a Subscription on the Site. • Order denotes the act of purchasing Products on the Site by a Client. • General Terms of Sale and Subscription or "CGVA" refer to these terms that govern transactions on the Site between the COMPANY and the Client, including single purchases and Subscription subscriptions. • Contents include 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 Area refers to the area on the Site dedicated to the Client, gathering all its personal data and enabling access to the Site and Services. Access is secured by Identifiers and can be done via the Site's "My account" section. • Identifiers correspond to the Client's email address and password required to connect to the Personal Area on the Site. • Delivery means the delivery of the ordered Products to the address indicated by the Client at the time of the Order. • Trial Offer represents access to the Services offered at a reduced price 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 subscription to a Subscription on the Site, during which Clients may benefit from the Trial Offer. • Products include all items marketed by the COMPANY on the Site, including various types of correspondence such as letters, postcards (small, classic, folded, large). Products can be ordered either via a One-off Purchase or as part of a Subscription. • Services denote the services offered, including digital services, within the Subscription for the Contractual Period. • Site refers to the website operated by the COMPANY, accessible at https://letter-direct.com. This term includes all pages and features available to Users. • Territory refers to Metropolitan France, the DOM-TOM, Europe and the United Kingdom. • User Designates any person or entity visiting and navigating the Site, whether Client, Subscribed Client or simply a visitor.
ARTICLE 3. CONSENT TO THE TERMS OF SALE AND SUBSCRIPTION
Before finalizing any purchase of Products or, where applicable, subscribing to a subscription, the Client must read the General Terms of Sale and Subscription (CGVA) and accept them explicitly.
These CGVA are accessible from every page of the site via a hyperlink, enabling consultation at any time. It is advised to read, download, print and keep a copy for future reference.
The COMPANY recommends consulting the CGVA with each new order or subscription, as this is the most up-to-date version governing the transaction.
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 equipment and computers used to access the Site are compatible and secure, and that the web browser provides secure access. The User must also ensure that their computer system is well maintained, up to date and free of viruses.
The costs of the equipment and telecommunications necessary for accessing and using the Site are borne by the User.
ARTICLE 5. CREATION OF AN ACCOUNT ON THE SITE
In order to fully benefit from the Site's features, especially to make purchases or possibly subscribe to a subscription, the Client must be an individual 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 to: - Make a One-off Purchase; - Take out a Subscription.
The possibility of creating a Personal Space is offered only when a Order is placed or when subscribing to a Subscription. Registration cannot take place 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 a private individual and not as 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, up to date, truthful and not misleading. The COMPANY may ask the Client to verify their identity, eligibility and the data provided by any means deemed appropriate.
Data entered by the Client when creating or updating their Personal Space serve 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, in order to maintain its accuracy.
The email address provided at registration and the password received by email constitute the Client's Identifiers.
It is advised that the Client change their password upon first login and to change it regularly thereafter.
After registration, the Client can access their Personal Space using their Identifiers by clicking the "Se connecter" tab 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 taken 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 for a Client's identity theft. Any access and any operation performed from a Client's Personal Space are presumed to be carried out by the Client, since the COMPANY is not required nor technically capable of verifying the identity of Personal Space users.
In case of loss, misappropriation or unauthorized use of the Identifiers and their consequences, the responsibility lies solely with the Client, who must immediately inform the COMPANY by email at: [email protected].
5.3. Options available in the Personal Space for all Clients
From their Personal Space, the Client has access to the following options: - Modify their personal information (password, email address); - View the cloud to see previously sent correspondences; - View the sending history, including: - Print date of sent letters; - Deposit date at the postal sorting center; - Tracking of the routing; - Shipping errors encountered; - Proof of deposit; - Acknowledgment of receipt for registered letters; - Send a new letter; - Send a new postcard.
5.4. Unsubscribe
To close their Personal Space, the Client can send an email to: [email protected]. The COMPANY will deactivate the Personal Space and confirm closure by email to the Client.
A Subscribed Client wishing to cancel their subscription by email must comply with the terms of Article 7.5 of the CGVA. Cancellation will take effect once processed by an agent of the COMPANY. Although the COMPANY commits to processing these requests promptly, it cannot guarantee immediate processing of a cancellation request received by email.
A Subscribed Client may also use the unsubscribe form on the Site to cancel their Subscription and close their Personal Space.
Any ongoing Product Order must be paid by the Client and will be delivered by the COMPANY.
ARTICLE 6. DESCRIPTION OF PRODUCTS
The Client benefits from precise tracking of the printing and handling process for their mail, accessible online directly.
It is important to note that the COMPANY does not modify or supervise the content sent by the Client when Ordering Products. Therefore, the COMPANY is not considered the editor of these contents.
The COMPANY commits to providing a clear and precise presentation of the essential characteristics of the Products, as well as the information required in accordance with French law, and this before any Order.
These information and characteristics are available on the Site.
6.1. Letters
The letters classified as 'letters' are printed on premium quality paper, weighing 80 grams.
6.2. Postcards
Letters designated as 'postcards' are printed on high-quality cardboard paper, weighing 220 grams, ensuring margin-free printing.
The 'small postcard' includes both the recipient's address and the stamp next to the message customized by the Client.
For other postcard models, the recipient's address is on the envelope.
The message on the 'folded postcard' is printed on the third page, while the image is on the first page.
ARTICLE 7. SUBSCRIPTION FORMULA
7.1. Benefits reserved for Subscribed Clients
Some specific Services are accessible exclusively to Clients benefiting from a Subscription on the Site. In addition to the features offered to all Clients with a Personal Space, the following benefits are offered to Subscribed Clients: - The sending of a predetermined number of letters included in the monthly subscription (see current rates on the site); - The ability to send letters simply, with tracking, or registered; - Online tracking of shipments; - Access to letter templates; - Access to model contracts and forms; - 10 Go of Cloud space; - Management of electronic signatures; - A priority customer service with a direct phone line.
The COMPANY commits to clearly and intelligibly present: - The main features of the Services depending on their nature and the communication medium used, including compatibility, interoperability and any usage restrictions; - The essential information the Client must know in accordance with applicable law.
These details are accessible directly on the Site.
It is advised that the User reads these details carefully before subscribing.
7.2. Trial period
Any User wishing to subscribe benefits from an automatic trial period. During these 48 hours of trial, the Client benefits from preferential rates on Product orders. The rates applicable during this period are shown on the Site, notably at: https://letter-direct.com/prix-abonnement.
To cancel the subscription during the trial period, the Client must: - Access their Client Space to cancel their subscription; - Use the unsubscribe form available on the Site; - Send an email to [email protected]; - Contact customer service by phone or chat during indicated hours.
If the subscription is not canceled before the end of the trial period, the subscription automatically becomes payable and the corresponding amount is debited for the contractual period of one month.
7.3. Activation of the subscription
To activate the subscription, the User must choose the monthly LetterDirect+ subscription option by clicking on "SEND A LETTER" or any other button leading to the subscription process. The Product choice then follows.
After the purchase process described in Article 8, the payment finalizes the subscription. The effective date of the subscription is the order confirmation by the COMPANY or the day after the end of the trial period.
A confirmation email of the subscription is sent to the new Subscribed Client.
7.4. Subscription pricing
The LetterDirect+ subscription for individuals is offered at €39.00 including tax per month. The subscription authorizes automatic charges on the Client's payment method starting from the trial period.
The first payment takes place at the time of order confirmation for subscriptions without a trial period.
7.5. Duration and cancellation of the subscription
The subscription has an initial duration of one month and automatically renews unless the Client expressly requests cancellation with the COMPANY.
Subscriptions entered on the last day of the month renew on the last day of the following month.
To cancel, the Subscribed Client may: - Go to their Client 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. Fees already incurred for this period are not refundable (except in case of non-use of the service), but access to services remains active until the end of this period.
ARTICLE 8. PROCESSING A PRODUCT ORDER
8.1. Order steps
To make a purchase on the Site, whether for a One-off Purchase or as part of a Subscription, the Client must follow the steps described below, which may vary slightly depending on the type of purchase.
On arriving at the site, the Client must choose between sending mail in a simple way 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 it. After choosing the delivery method and entering the information marked by an asterisk (*) regarding the recipient and delivery as well as the billing details, the Client must identify themselves or create their Personal Space.
When entering the sender's information, the Client can verify the content of their Order and have an overview of the mail, the delivery method, and the recipient before continuing.
A summary window then allows the Client to modify their Order if necessary and proceed to payment by following the instructions on the Site and completing all required information for 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 provided address, including a summary of the order which the Client can keep and print.
8.3. Invoicing
Neither the online order nor the order confirmation email constitutes an invoice. A copy of the invoice is accessible in the Client's Personal Space.
8.4. Delivery
Details concerning the delivery of the Products are explained in the "Delivery Policy" attached to these CGVA.
8.5. Packaging
All postcards, with the exception of the 'small postcard', are delivered in a protective envelope.
8.6. Availability of products
The COMPANY commits to delivering Products within the timeframes communicated to the Client, unless otherwise agreed. If a Product is unavailable, this will be indicated on its specific page. If unavailability was not indicated at the time of order, the COMPANY will inform the Client without delay. In case of unavailability, with the Client's consent, the COMPANY may propose an equivalent product of similar 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 following the cancellation. The COMPANY declines any responsibility for delays or delivery issues attributable to its partners. ARTICLE 9. FINANCIAL CONDITIONS
9.1. Pricing
Product and service prices are displayed on the Site in euros, including VAT. These prices reflect VAT applicable on the date of order. A modification of the VAT rate could affect prices from its application.
The VAT is applied as a percentage of the price of products or services. The price charged to the Client is the price shown on the Site when finalizing the purchase. The COMPANY reserves the right to modify its prices at any time, but undertakes to apply the rates in force indicated at the time of the order or at the time of subscription.
9.2. Payment methods
To pay for an order or subscribe, the Client may use the payment methods accepted by the COMPANY, including: - Card payment (Visa, MasterCard, Carte Bleue).
After entering payment information, the Client is redirected to a secure site to complete the transaction.
The Client confirms that they have the necessary authorizations to use the chosen payment method at the time of order or subscription. The COMPANY does its best to ensure the security and confidentiality of data transmitted during online payments.
9.3. Payment date
Payment is deemed to have been made on the date the COMPANY receives the order confirmation. The dates shown on the Site only start to run from that date.
9.4. Payment refusal
In case of payment refusal by the bank, the Client must contact the COMPANY's Support to settle the order by another valid means. If payment is impossible for any reason, the subscription or order will be canceled and terminated automatically. The COMPANY may suspend any order or subscription in case of fraud or attempted fraud by the Client using the Site.
ARTICLE 10. TRANSFER OF OWNERSHIP
Ownership of the products is transferred to the Client only after full payment for them.
The transfer of risk of loss or damage occurs at the time the Client or a third party designated by them takes possession of the products, regardless of payment. If delivery is made by a carrier other than the one offered by the COMPANY, the risks are transferred to the Client as soon as the products are handed to the carrier.
ARTICLE 11. RIGHT OF WITHDRAWAL
The conditions for exercising the right of withdrawal are explained in the "Withdrawal Policy" included in Annex 2.
ARTICLE 12. LEGAL WARRANTIES
Clients benefit from legal warranties, detailed in Annex 1.
ARTICLE 13. MANAGEMENT OF CUSTOMER REVIEWS
The management of customer reviews is entrusted to Avis Vérifiés, solution provided by SKEEPERS, specialized in collecting and managing post-purchase reviews. Avis Vérifiés is ISO certified by AFNOR Certification for processing online reviews according to the standard for "collection, moderation and restitution of reviews".
The transparency charter of Avis Vérifiés is accessible via the following link: transparency charter.
After shipment of products purchased via the site, the client will receive an email inviting them to share their review of their purchasing experience.
This opportunity allows the client to express their opinion on the product acquired.
Clients have the option to rate products by giving one to five stars, five being the maximum rating.
Additionally, clients may leave a comment describing their purchasing experience related to the product.
If a check is performed on reviews, the company ensures that processing of personal data performed in this regard complies with applicable law, including Law 78-17 of January 6, 1978 amended and the GDPR.
The company commits to deleting a review if necessary, especially if it: - does not comply with the general terms of sale and subscription; - does not comply with Avis Vérifiés moderation criteria; - contains defamatory, abusive, insulting, malicious, inciting violence or hatred, racist, illicit, discriminatory, invasion of privacy or image rights, or is otherwise inappropriate.
ARTICLE 14. OBLIGATIONS OF THE PARTIES
14.1. User responsibilities
When using the site, each user agrees not to breach public order, to respect laws and regulations in force, as well as the rights of third parties and the terms of these CGVA.
In particular, each user must: - Act loyally towards the company; - Provide truthful information to the company; - Use the site and services according to their purpose defined in the CGVA; - Not compromise the security or proper functioning of the site and services; - Not modify information published by the company; - Not use the site for sending mass unsolicited messages; - Not disseminate data that could compromise the operation of the site or services.
In accordance with legal provisions, the user agrees not to disseminate content that: - Disparages the company; - Contravenes public order and good morals; - Injurious, defamatory or discriminatory; - Incites hatred, violence, crime or suicide; - Violates copyright or intellectual property rights.
14.2. Company commitments
The company commits to providing access to and use of the site continuously, as far as possible.
It informs that the current nature of the Internet does not guarantee uninterrupted transmission of electronic data.
ARTICLE 15. UPDATES
"Updates" concern all modifications aiming to improve or evolve the services, including security measures.
15.1. Essential updates
The company will inform the client of necessary updates to maintain compliance of the services and will provide these updates during the contract term.
15.2. Additional updates
Non-essential updates, such as service improvements, will be communicated to the client. These updates will be provided at no additional charge.
The client may refuse or uninstall these updates if they negatively affect access to services or their use. In case of a significant impact, the client may terminate the contract at no cost within 30 days.
ARTICLE 16. LIMITATION OF LIABILITY
The COMPANY is not responsible for failures or poor performance attributable to the client, particularly when creating an account or placing an order.
In case of delay or non-performance of the COMPANY's obligations described in these CGVA due to circumstances beyond its control, recognised as force majeure by French courts, the COMPANY cannot be held liable.
The COMPANY is not responsible for the content of third-party websites linked directly or indirectly to its own. Links to these sites are provided for information only, with no guarantee as to their content.
ARTICLE 17. FORCE MAJEURE
The COMPANY's liability cannot be engaged in case of non-performance or delay due to a force majeure event, as defined by French courts.
A force majeure event is characterised by an event that is unforeseeable, irresistible and external, which makes the performance of an obligation impossible.
In case of a temporary event, the performance of the obligation is suspended. If the obstacle is permanent, the contract is automatically terminated and the parties are released from their obligations under the provisions of Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 18. INTELLECTUAL PROPERTY
All Site elements, including technology and content, are protected by intellectual property law and belong to the COMPANY.
Creating hypertext links to the Site requires prior written authorization from the COMPANY and must be removed at its request.
Reproduction or representation, in whole or in part, of the Site or its content without the express authorization of the COMPANY is prohibited and would constitute infringement.
The COMPANY specifically prohibits extraction and reuse of all or part of its database contents.
Clients authorize the COMPANY to use the contents posted on the Site for the execution of the CGVA, without sub-license rights.
ARTICLE 19. PROTECTION OF PERSONAL DATA
The COMPANY collects and uses Clients' personal data to administer the Site, manage accounts, orders, deliveries, and, if consent is given, for sending marketing communications.
Clients are invited to consult the COMPANY's Privacy Policy for more information on personal data management.
ARTICLE 20. RETENTION AND EVIDENCE
Contracts over €120 incl. VAT are archived by the COMPANY for ten years, in accordance with the Consumer Code, and may be produced as evidence in case of dispute.
ARTICLE 21. CUSTOMER SUPPORT
The COMPANY provides telephone support and an online chat to answer questions and handle Client complaints.
Written complaints should be addressed by email or postal mail to the COMPANY's address.
ARTICLE 22. MODIFICATIONS OF CGVA
CGVA may be modified at any time by the COMPANY. Clients will be informed of these changes at least thirty days before they apply.
In case of disagreement with the changes, subscribed Clients have the option to cancel their subscription. Changes are deemed accepted if the Client does not react after notification. ARTICLE 23. FINAL PROVISIONS
Failure of either party to demand strict application of any provision of these CGVA shall not be construed as a waiver of that provision or of any other. If there is a discrepancy between the French version of the CGVA and their translations, the French version shall prevail.
ARTICLE 24. COMPETENT JURISDICTION AND APPLICABLE LAW
These CGVA are governed by French law. Any dispute relating to their interpretation and/or execution falls under French courts.
Before any judicial action, the parties commit to seeking an amicable solution. Specifically, the consumer may seek mediation in accordance with applicable legal provisions. The mediator's contact details are provided, allowing a claim via the provided link.
Consumers also have access to the European online dispute resolution platform.
Mediation is optional and does not preclude the parties from bringing the dispute before the courts. If mediation fails or is not pursued, the competent jurisdiction will be the one designated under applicable law.
ANNEXE 1. LEGAL GUARANTEES
Consumers benefit from legal guarantees independent of any commercial guarantees offered. These legal guarantees apply to all products and digital services, in accordance with consumer protection law.
1. Product guarantees
Consumers have two years from delivery to activate the legal conformity guarantee in case of a defect. This guarantee also applies to digital content and ongoing digital services for more than two years.
This guarantee allows repair or replacement at no cost, with a six-month extension after repair. In case of non-repair or a major defect, the consumer may obtain a refund or price reduction.
2. Service guarantees
The consumer has a right to a legal conformity guarantee for defects appearing during the contract. This guarantee implies the necessary updates to maintain service conformity.
In case of defect, the consumer may demand conformity at no cost or opt for a refund or price reduction under certain conditions.
These legal guarantees also protect against latent defects, allowing a price reduction or refund in case of defects not apparent at purchase.
ANNEXE 2. WITHDRAWAL POLICY
Withdrawal principle Clients have the right to withdraw from the contract without justification within fourteen (14) days after its conclusion.
Withdrawal period This period expires fourteen (14) days after the date of conclusion of the contract between the client and the company.
Notification of the right of withdrawal To exercise their right, the client must inform the company of their decision by a clear statement (for example, by postal mail, fax or e-mail) at the following coordinates: • Email: [email protected] • Postal address: MKD WORD S.L, Calle Torres y Amat 21, 08001 Barcelona
A model withdrawal form is proposed to facilitate this process.
Effects of withdrawal In case of withdrawal, all amounts paid will be refunded without undue delay, at the latest fourteen (14) days after notification of the withdrawal decision. The refund will use the same payment method as the initial transaction, unless the client agrees otherwise.
For digital content not supplied on a physical medium, the client owes no amount if consent to begin the performance before the withdrawal period was not explicitly given.
The company may limit access to products/services following withdrawal, in accordance with applicable law.
Withdrawal exclusions Certain exceptions to the right of withdrawal exist, notably for services fully performed with the consumer's consent before the end of the withdrawal period, personalized goods, perishable goods, etc., in accordance with Article L221-28 of the Consumer Code.
ANNEXE 3. DELIVERY POLICY
Delivery zone Products offered are only available for delivery within the territory defined by the company. Any order to an address outside this zone will not be accepted.
Products will be sent to the address provided by the client at the time of order.
Shipping time The site informs clients of the time required to prepare an order before shipping. These times exclude weekends and holidays.
An email notification will be sent to the client at the time of printing the products, provided the email address given is valid.
Delivery times and costs During the order process, different delivery methods are offered to the client (green letter, tracked letter, registered), with corresponding costs calculated based on the delivery method, the product weight and the delivery address.
Details on delivery times and costs are available on the site.
If no specific delivery date is agreed, delivery of the product will be made without undue delay and no later than thirty (30) days after the conclusion of the contract, in accordance with Article 216-1 of the Consumer Code.
Delivery problems If the company fails to meet its delivery obligation, the client may suspend payment or terminate the contract under Article L 216-6 of the Consumer Code if, after a formal notice, the company does not deliver within a reasonable additional period. The termination becomes effective upon receipt by the company of the notice of termination from the client, unless the company has already performed in the meantime. The contract may be immediately terminated by the client if the company refuses to deliver the product or if it is clear that it will not deliver within the agreed timeframes, and those timeframes are considered essential by the client. In case of contract termination, the company must refund all sums paid by the client for the products within fourteen (14) days following the termination date.
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