TERMS OF SALES

1
SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all purchases of the following services:

  • Cold mailing software

as offered by the Provider to professional and non-professional clients (hereinafter referred to as "The Clients" or "the Client") on the emelia.io website. The main characteristics of the Services are presented on the emelia.io website. The Client is required to read these characteristics before placing any order. The choice and purchase of a Service are the sole responsibility of the Client. These GTC are available at any time on the emelia.io website and will prevail over any other document. The Client declares having acknowledged these GTC and having accepted them by ticking the box provided for this purpose before proceeding with the online ordering procedure on the emelia.io website. Unless proven otherwise, the data recorded in the Provider’s computer system are proof of all transactions made with the Client. The Provider's contact details are as follows: Bridgers, SAS Share capital of 1000 euros Registered at the RCS of Paris, under number 882 679 749 149 avenue de Melun Email: contact@emelia.io Customs duties or other local taxes or import duties or state taxes may be applicable. They are to be paid by and are the sole responsibility of the Client.

2
PRICES

The Services are provided at the current rates posted on the emelia.io website, at the time the order is recorded by the Provider. Prices are expressed in Euros, excluding taxes (HT) and including taxes (TTC). The rates take into account any discounts that may be offered by the Provider on the emelia.io website. These rates are firm and not subject to revision during their period of validity, but the Provider reserves the right, outside the period of validity, to modify the prices at any time. Prices do not include processing, shipping, transportation, and delivery costs, which are charged additionally, under the conditions indicated on the website and calculated prior to the placement of the order. The payment requested from the Client corresponds to the total purchase amount, including these fees. An invoice is issued by the Provider and given to the Client upon delivery of the ordered Services.

3
ORDERS

The Client is to select on the emelia.io website the Services they wish to order, according to the following modalities: The client subscribes to a monthly package at 19 euros per month; thereafter, they may upgrade their package if they desire more mailboxes. The sale will only be considered final after full payment of the price. The Client must verify the accuracy of the order and immediately report any errors. No refunds will be made for non-use of the service. It is up to the user to unsubscribe if they no longer use the service. Any order placed on the emelia.io website constitutes the formation of a contract concluded at a distance between the Client and the Provider. The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order. The Client may follow the progress of their order on the website. Placing an order on the emelia.io website implies the conclusion of a contract with a minimum duration of 1 month, automatically renewable for the same duration unless cancelled by the Client. According to article L 215-1 of the French Consumer Code (reproduced below): "For service contracts concluded for a fixed term with an automatic renewal clause, the professional service provider must inform the consumer in writing, by named letter or dedicated email, at the earliest three months and at the latest one month before the end of the period allowing rejection of the renewal, of the possibility of not renewing the contract. This information, delivered in clear and understandable terms, must include, in a visible boxed format, the deadline for non-renewal. If this information has not been provided to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract at any time from the date of renewal. Advances made after the last renewal date or, for indefinite duration contracts, after the date of conversion from a fixed-term contract, will be reimbursed within thirty days from the termination date, less any sums corresponding to the contract execution up to that date. The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules regarding consumer information." Article L215-2 of the French Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services, while Article L215-3 states that these rules are applicable to contracts concluded between professionals and non-professionals. Article L241-3 penalizes the professional who does not make refunds under the conditions provided for by Article L215-1 of the French Consumer Code.

4
PAYMENT CONDITIONS

The price is paid by secure payment, according to the following methods:

  • Payment by credit card

The price is payable in full by the Client on the day of the order. Payment data are exchanged in encrypted mode using the protocol defined by the authorized payment service provider for banking transactions conducted on the emelia.io website. Payments made by the Client will not be considered final until the sums have been effectively received by the Provider.

5
PROVISION OF SERVICES

The Services ordered by the Client will be provided according to the following conditions:

The said Services will be delivered within a maximum of 24 hours from the final validation of the order by the Client, under the conditions set out in these GTC at the address specified by the Client during their order on the emelia.io website. The Provider commits to making its best efforts to deliver the Services ordered by the Client, as part of an obligation of means and within the above-mentioned deadlines. If the ordered Services have not been provided within 24 hours following the estimated delivery date, for any reason other than force majeure or due to the Client, the sale of the Services may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Client will then be refunded no later than fourteen days following the date of the contract termination, excluding any compensation or retention. In case of a special request by the Client concerning the conditions of supply of the Services, duly accepted in writing by the Provider, the related costs will be invoiced additionally later. The provision of the Services may take place at any other location designated by the Client, subject to a 30-day notice at the exclusive expense of the Client. Unless reservations or complaints are expressly made by the Client at the time of delivery of the Services, they will be deemed to conform to the order, in quantity and quality. The Client has a period of 30 days from the delivery of the Services to make claims by mail, with all supporting evidence, to the Provider. No claim can be validly accepted if these formalities and deadlines are not respected by the Client. The Provider will refund or rectify (as far as possible) at its expense the Services whose lack of conformity has been duly proved by the Client.

6
RIGHT OF WITHDRAWAL

Given the nature of the Services provided, orders placed by the Client do not benefit from the right of withdrawal. The contract is therefore concluded definitively from the moment the order is placed by the Client as specified in these GTC.

7
PROVIDER'S LIABILITY - GUARANTEES

The Provider guarantees, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defects arising from a failure of design or execution of the Services ordered under the conditions and according to the methods below:

Legal Warranty Provisions

Article L217-4 of the French Consumer Code

"The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging, the assembly instructions, or the installation if he assumed responsibility for it or had it carried out under his responsibility."

Article L217-5 of the French Consumer Code

"The goods conform to the contract:

  1. If it is suitable for the use usually expected of similar goods and, if applicable:
  • if it matches the description given by the seller and has the qualities that the seller presented to the buyer as a sample or model;
  • if it has the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
  1. Or if it features the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, disclosed to the seller and which the seller has accepted."

Article L217-12 of the French Consumer Code

"The action resulting from lack of conformity lapses two years after delivery of the goods."

Article L217-16 of the French Consumer Code

"When the buyer asks the seller, during the course of the commercial guarantee which was offered to him at the time of the acquisition or repair of movable property, to carry out a repair covered by the guarantee, any period of immobilisation of at least seven days adds to the remaining duration of the guarantee. This period starts from the buyer's request for action or from the availability for repair of the goods involved, whichever is later." To enforce his rights, the Client must inform the Provider in writing (mail or email) of the existence of the defects or lack of conformity. The Provider will refund or rectify or have rectified (as far as possible) the defective services as quickly as possible and at the latest within 30 days following the Provider's acknowledgment of the defect or non-conformity. This refund can be made via bank transfer or check. The guarantee by the Provider is limited to the reimbursement of the Services actually paid by the Client. The Provider cannot be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure commonly recognized by French jurisprudence. The Services provided through the emelia.io website by the Provider comply with regulations in force in France. The liability of the Provider cannot be held in the event of non-compliance with the legislation of the country where the Services are provided, which it is the Client's responsibility to verify.

8
PERSONAL DATA

The Client is informed that the collection of their personal data is necessary for the sale of the Services and their delivery and realization, and also for transmitting them to third parties involved in the execution of the Services. These personal data are collected solely for the execution of the contract of service provision.

1. Collection of personal data

The personal data collected on the emelia.io website includes:

Account Opening

When creating the Client / user account: Names, first names, postal address, telephone number, and email address.

Payment

For payment of the Services offered on the emelia.io website, the following financial data related to the Client / user’s bank account or credit card are recorded.

2. Recipients of personal data

The personal data are exclusively used by the Provider and its employees. The data processing officer is the Provider, as per the French Data Protection Act and, from May 25, 2018, under Regulation 2016/679 on the protection of personal data.

3. Limitation of processing

Unless the Client expressly agrees, their personal data are not used for advertising or marketing purposes.

4. Retention duration of data

The Provider will keep the collected data for a period of 5 years, covering the duration of the legal liability period applicable.

5. Security and confidentiality

The Provider implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Provider cannot guarantee the security of the transmission or storage of information on the Internet.

6. Implementation of Clients and users' rights

In accordance with the regulations applicable to personal data, Clients and users of the emelia.io website have the following rights:

  • They can update or delete their data by sending us an email or by deleting their account on the platform.
  • They can delete their account by writing to the email address indicated at article 9.3 "Data Processing Officer".
  • They can access their personal data by writing to the email address mentioned in article 9.3 "Data Processing Officer".
  • If the personal data held by the Provider are inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data Processing Officer".
  • They can request the deletion of their personal data, in accordance with the laws applicable to data protection by writing to the address indicated in article 9.3 "Data Processing Officer".
  • They can also request the portability of the data held by the Provider to another service provider.
  • Finally, they can object to the processing of their data by the Provider. These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Processing Officer, whose contact details are provided above. The data processing officer must provide a response within a maximum of one month. If the Client's request is denied, the reasons for the refusal must be provided. The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or take legal action. The Client may be asked to tick a box through which they agree to receive informational and promotional emails from the Provider. They can withdraw their consent at any time by contacting the Provider (details above) or by following the unsubscribe link.

9
INTELLECTUAL PROPERTY

The content of the emelia.io website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement punishable by law.

10
APPLICABLE LAW - LANGUAGE

These GTC and the transactions that result from them are governed and subject to French law. These GTC are drafted in French. In the event they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute.

11
DISPUTES

For any complaint, please contact the customer service at the postal and email address provided in ARTICLE 1 of these GTC. The Client is informed that they can, in any case, resort to conventional mediation or any other alternative dispute resolution methods in case of a dispute.

The Client is also informed that they can use the Online Dispute Resolution (ODR) platform available at the following URL: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes to which the transactions buying and selling products under these GTC that have not been resolved amicably between the seller or through mediation will be submitted to the competent courts under common law conditions.