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In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, the persons responsible for the birdpostal.com website are:
Website publisher:
Hosting provider:
Article 1: Prices
The prices of our products are indicated:
TEM SAS reserves the right to change prices at any time, but products will be invoiced based on the rates in effect at the time of order confirmation.
Article 1.1: Prices and Products
The first five sends are offered as a trial and do not require any purchase obligation. If a send order is placed before using these 5 trial versions, they will be forfeited.
Prices are decreasing, including card personalization and shipment tracking.
TEM SAS cannot be held responsible for the non-opening of your message by your recipient, which will not result in a deduction of the shipment. Sending to the same recipient will count as two sends.
To place an order, the user must purchase a "number of sends". When a product is sent, the number of sends deducted corresponds to the number of sends made.
Article 2: Conditions applicable to ordered content
Article 2.1: Order and validation
Payment for the order by the customer constitutes full and unconditional acceptance of these general terms of sale. No modification of the order may occur after this validation.
The ability to send your product will take place after payment confirmation.
The Company strives to maintain access to its websites 24/7. However, it cannot be held responsible for service interruptions, particularly for maintenance or technical issues. The customer acknowledges being aware of the technical limitations related to internet technologies, especially regarding information access, file transfer, and inherent risks.
Any cancellation of an order can only occur after the Company's acceptance and will be confirmed in writing via email.
By placing an order on this site, you guarantee that you have all the rights, permissions, and authorities necessary to place the order. You authorize the Company to copy, modify, create templates and derivative works, and vectorize any content uploaded by you, for the purpose of fulfilling your order.
Article 2.2: Conditions related to ordered content
You are personally responsible for the use you make of the content, particularly when it has been personalized with images, graphics, texts, or others.
You agree not to use our services to disseminate content that is illegal, harassing, defamatory, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable.
You also agree not to include in your content any text, image, design, trademark, or service mark, nor any work whose intellectual property rights belong to a third party without first obtaining the appropriate permissions from the owners. To this end, you guarantee that your content will not infringe upon the rights of any third party, including intellectual property rights, trademarks, personality rights, and the right to privacy, that it will not slander or defame any third party, and that you have all the necessary rights or permissions for their use.
Article 2.3: User responsibility and recipient consent
When using our digital card (e-card) sending services, you agree to comply with current regulations, especially regarding personal data protection and privacy.
Consent obligation: You are required to obtain the explicit and prior consent of your contacts before sending them any communication via our platform. It is your responsibility to ensure that your contacts have agreed to receive communications from you.
The Company cannot be held responsible in the event of the user's failure to comply with legal obligations related to personal data protection and the sending of electronic communications.
You guarantee the Company against any claim, action, or recourse from third parties related to the sending of digital cards without the prior consent of the recipients, as well as any failure to comply with applicable laws and regulations.
Article 3: Order processing
Validating your online order constitutes acceptance of its content. Therefore, it cannot be modified afterward.
Article 4: Payment
The proposed payment method is credit card payment through a secure site.
Customer's order processing will only be carried out once the banking institutions have validated the payment.
Article 5: Right of withdrawal
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
Thus, by ordering our digital card (e-card) services, you acknowledge and agree that, in accordance with Article L221-28 of the Consumer Code, you do not benefit from the right of withdrawal.
Article 6: Complaints
If, despite the attention paid to the order, it does not satisfy the customer due to a problem exclusively attributable to TEM SAS (specifically: content not conforming to the validation made online by the customer), the customer has 14 calendar days from the date of the order to make a complaint. After this period, the order will be considered definitively accepted by the customer. A complaint deemed justified by TEM SAS will result in either a free modification of the defective card or a refund that may be offered within 15 days.
Article 7: Intellectual property
All illustrations, photographs, graphics, and texts on the birdpostal.com website are strictly reserved under copyright and intellectual property rights. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements on the site, regardless of the means or process used, is prohibited without prior written authorization from TEM SAS.
Article 8: Personal data
Information and data about the customer are necessary for order management and business relations. They are stored in accordance with legal and regulatory provisions in force, particularly those relating to personal data protection.
In accordance with the amended French "Informatique et Libertés" law of January 6, 1978, and the General Data Protection Regulation (GDPR), you have the right to access, rectify, delete, object to, and port your personal data. To exercise these rights, simply write to:
TEM SAS
27 rue Gustave Eiffel
66280 Saleilles
Email: hello@birdpostal.com
Article 9: Governing law and jurisdiction
These general terms of sale are governed by French law. In the event of a dispute, and failing an amicable agreement between the parties, French courts shall have exclusive jurisdiction.