GENERAL TERMS AND CONDITIONS OF SALE
Last updated: 10/05/2024
Article 1 – LEGAL NOTICE
This website, accessible at the URL https://upsellr.io (the “Site”), is published by:
UPSELLR SAS with a capital of 1000 euros, registered with the R.C.S. of Cannes under number B 930942164, whose head office is located at 200 CHE DE MEAYNE 06550 LA ROQUETTE-SUR-SIAGNE, France
(Hereinafter referred to as the “Seller”).
The Seller’s individual VAT number is: FR79930942164.
The Site is hosted by OVH, located at 2, rue Kellermann, 59100 Roubaix.
The Director of the publication of the Site is Aurélien Rousseau.
The Seller’s Customer Service can be contacted:
- By email at support@upsellr.io.
Article 2 – SCOPE OF APPLICATION
These general terms of services (the “General Terms”) aim to define and govern the contractual relationship between the Provider and any professional (a “Client”) who has created an account and wishes to benefit from the services offered on the Site.
The provision of services offered to Clients on the Site is subject to the prior acceptance without restriction or reservation of these General Terms.
The General Terms are made available to Clients on the Site where they can be directly consulted and may also be provided upon request by any means.
The General Terms shall apply notwithstanding any contrary stipulation contained in any documents issued by the Client, and notably in the Client’s general terms of purchase.
The General Terms apply subject to any contrary provision included in the order form or specific terms that may be concluded between the Company and the relevant Client.
Article 3 – DESCRIPTION OF SERVICES
The purpose of the Site is to provide the following online services:
- Product descriptions enrichment
(hereinafter referred to as the “Services”).
Each Service presented on the Site includes a description outlining its essential characteristics. This description may contain details, photographs, and graphics that are provided for illustrative purposes only and may be changed/updated on the Site.
Article 4 – REGISTRATION CONDITIONS
Any Client wishing to fully benefit from the Site and Services must:
- Have full capacity and act for strictly professional purposes;
- Create a personal account on the Site by filling out the various fields in the account creation form (company name, RCS number, contact person’s first/last name, email address, phone number, etc.);
- Confirm their acceptance of the General Terms;
- Confirm their registration.
Access to the Services is available from a computer, smartphone, or tablet by connecting to the Site.
Using the Services requires a high-speed internet connection and mobile internet, if applicable.
Clients are personally responsible for setting up the IT and telecommunication means to access the Site.
The Services are accessible for an unlimited number of connections at the same time.
When creating an account with an email address, the Client is invited to choose a password, which guarantees the confidentiality of the information contained in their account.
For registration validation purposes, the Provider will send the Client a confirmation email to the email address provided by the Client. The Client then activates their account by clicking on the hyperlink provided in the confirmation email.
Each Client guarantees the sincerity and accuracy of the information provided for their registration, commits to notifying the Provider of any subsequent changes, and guarantees that such information does not infringe upon the rights of third parties.
The Client can modify this information, identifiers, and password from their account on the Site.
The Client agrees not to disclose or transfer their account, identifiers, and passwords and is solely responsible for their use until they are deactivated. The Client must immediately notify the Provider of any loss or unauthorized use of their account.
The Provider reserves the right to delete the account of any Client who has provided incorrect information.
Article 5 – ORDERS
Any Client wishing to benefit from the online Services on the Site must:
- Log in to their Client account;
- Select the Services they wish to subscribe to;
- Fill in the various fields in the Client’s order form (first name, last name, address, email address, date of birth, phone number, etc.);
- Confirm their acceptance of the General Terms;
- Confirm their acceptance of the Service order;
- Choose their payment method;
- Make the payment for the Services.
Unless expressly stated on the Site, the Client will not be able to modify their order after it has been validated, which will be considered firm and final.
Upon receipt of payment for the Services included in the order, the Provider will send the Client an order confirmation email to the email address provided by the Client.
The order confirmation email summarizes the essential characteristics of the ordered Service(s), the total price, and any other relevant information. This email will also indicate a tracking number for the Client’s order.
By placing an order on the Site, the Client expressly agrees that the Provider may send them an invoice electronically. However, they may request a paper invoice by contacting Customer Service.
To prevent fraud, the Provider or its payment or delivery service providers may request additional documentation from the Client or contact them when accepting and/or shipping the order. If the Client unjustifiably refuses to provide the requested information and/or documentation, the Provider reserves the right not to accept or cancel the order without any right of appeal.
The Provider also reserves the right not to accept or cancel an order from any Client who has provided incorrect information, fails to pay for the Services, with whom there is a dispute regarding the payment of a previous order, or whose order volume is abnormally high.
Article 6 – PRICING CONDITIONS
The Services are provided at the Provider’s current rates listed on the Site on the day of the order, expressed in euros excluding taxes.
In the case of recurring services:
The Services are billed and the price is due and payable at the beginning of each month for the provision of the Services. Any change in the pricing of the Services will take effect during the next contractual period. Unless terminated by the Client before this effective date, the new pricing will apply to the new contractual period.
The price is fixed and cannot be revised during the execution of the Services, and the parties expressly waive the provisions of Article 1195 of the French Civil Code.
However, the Provider reserves the right to change its prices at any time for any Services subscribed to after such changes.
Possible price reductions, discounts, and rebates may apply to the Services under the conditions provided on the Site or in any other document communicated to the Client. In the case of a promotional price, the Provider agrees to apply this price to any order placed during the promotion period.
In case of advance payment by the Client, no discount will be granted. Payments cannot be suspended or subject to any offset without prior written agreement between the Provider and the Client. Any unilateral suspension, deduction, or offset by the Client will be treated as non-payment and will result in all the consequences of late payment.
Furthermore, it is expressly agreed that the Client is deemed to be in default of payment solely by the obligation’s due date, in accordance with the provisions of Article 1344 of the French Civil Code. In case of late payment of any installment, the Provider reserves the right, without any compensation being due to the Client, to:
- Demand immediate payment of all amounts due for the Services, which will become immediately payable regardless of their original due date;
- Refuse any new order or require cash payment or a guarantee for the proper performance of obligations for any new order;
- Apply any partial payment first to the non-priority portion of the debt and then to the oldest due amounts;
- Reduce, suspend, or cancel access to the Services, 15 days after a formal notice remains unaddressed by the Client;
- Apply, without prior notice, late payment penalties calculated at the rate referred to in Article L.441-6 of the French Commercial Code, to all due amounts, from the first day of delay until full payment; and/or
- Demand payment of a fixed compensation of €40 for collection costs for each overdue invoice and payment of compensation equal to 10% of the remaining amounts due, without prejudice to compensation for any actual damages suffered.
Any changes in prices resulting from an increase in value-added tax or the creation of any new tax based on the price of Services will be immediately and automatically applied.