General terms and conditions of sale and use
1. Scope
Flexilivre.com with the website www.flexilivre.com is committed to do everything possible to provide you with the best possible service. The present general terms and conditions of sale and use apply to all consultations and all orders for books and photo albums made on the site www.flexilivre.com.
Flexilivre.com reserves the right to adapt or modify these terms and conditions at any time. The general terms and conditions of sale and use applicable are those in force on the day of your order.
You acknowledge having full capacity to commit under these general terms and conditions of sale when you carry out transactions on our site.
The general terms and conditions of sale and use detailed below govern the contractual relations between the Flexilivre.com site and any user of the site (hereinafter referred to as 'you').
2. Acceptance of the general terms and conditions of sale
Any confirmation of an order that you would make on the site www.flexilivre.com (hereinafter the site) materializes from your part the acceptance of the present general terms and conditions of sale and use as well as the acceptance of the specific conditions of his order.
3. Use of services
Uploading your photos
Downloading and hosting your photos on your account is simple. In order to save them for the duration of the creation of your photo album, FlexiLivre will ask you to identify yourself with your email address and a password that you will have chosen from the beginning of the book design process. Any image downloaded to your Flexilivre.com account is your responsibility. You will therefore need to comply with the French Law in force, paying particular attention to not downloading any photo related to pornography, violence, racism, pedophilia, or any other photo infringing intellectual property laws.
Flexilivre.com is authorized to report any abuse that would be noticed to the competent authorities. Similarly, Flexilivre.com reserves the right to refuse the printing of any content that would seem inappropriate to its founders.
Failure to comply with these general terms of use and sale, whether or not it has caused prejudice, may be subject to legal proceedings and may result in a claim for compensation towards FlexiLivre.com.
Flexilivre.com allows you to store your photos free of charge and unlimitedly, so that you can find and print your albums later.
However, your account will become inactive after 1 year (one year) without having placed an order on Flexilivre.com. After this period without order, FlexiLivre reserves the right to delete all or part of the data and photos related to your account, in order to free up space on the servers used for the proper use of the service.
4. How to place an order
Data confidentiality
Your personal data is used to send you your ordered products or to contact you in case of a problem related to your order. FlexiLivre will use these personal data to send you your photo albums, as well as the associated invoice.
For all the above reasons, you forbid yourself from using false information or from using that of a third party. Any breach of these obligations will result in the immediate cancellation of the order. Any missing or incorrect information will also cause the suspension of the order.
In accordance with the 'Informatique et Libertés' law, you have a permanent right to access and rectify all data concerning you. You can therefore request the modification or deletion of all or part of these data.
Flexilivre.com created the website www.flexilivre.com, to provide a service of selling photo albums on the internet. All images used to promote these services, software, technical developments, various images, icons, texts are the property of Flexilivre.com. Any partial or total reproduction of the content by any means whatsoever and on any support is forbidden.
However, the images that you will have downloaded to your account remain your total property and responsibility. This means, therefore, that, in accordance with the legislation in force, you ensure being in agreement with the rights to the intellectual property concerning your photos and all the elements appearing in it.
5. Responsibilities
Flexilivre.com can in no case be held responsible for technical or material errors, data loss resulting from the use of its website or its interface. For the entire process of ordering, defined as being all the successive steps from the design to the delivery of your order, FlexiLivre has only an obligation of means. The responsibility of FlexiLivre cannot be engaged for any inconvenience, direct or indirect damages inherent to the use of its service.
6. Rates
Registration and storage of your photos are free on Flexilivre.com. Our prices are displayed in euros, VAT included. Delivery costs are calculated separately and depend on the final weight of the package. The final price of your order is the one displayed at the confirmation of it. FlexiLivre reserves the right to change its prices at any time but commits to applying the current rates that will have been indicated to you at the time of your order. In the case of delivery to the DOM-TOM, these fees do not include possible tax duties and customs duties to be paid by the customer.
FlexiLivre reserves the right to create promotional discounts occasionally in the form of codes or coupons. These promotional codes, whether they come from a commercial gesture, a gift card, a temporary offer, or a business partner, can in no case be combined in the same purchase.
7. Delivery
Your products will be delivered to the name, first name, address that you provided to us when finalizing your order. The delivery date is calculated by adding the days necessary for the production time of your photo album, to the delivery time of the carrier. Flexilivre.com does not provide delivery services for products, therefore we cannot be held responsible for the degradation or delay of your products. However, we commit to notify the carrier and take the necessary measures.
Important: FlexiLivre is a French company, subject to French laws and taxes. Any order made from a third country may result in the customer having to pay customs duties and taxes required by the authorities of the final delivery country. FlexiLivre or the carrier cannot be held responsible for these taxes which are imposed by and set by the authorities of the delivery country. FlexiLivre has no prior knowledge of these taxes, which must be paid by the customer
8. Payment
Payment for your order may be made by credit card (CB, Visa, Mastercard). In both cases, the banking transaction is secured, with the data transmitted on our network being encrypted.
9. Right of withdrawal
In accordance with the provisions of article L. 121-20-2, 3 of the Consumer Code, the right of withdrawal cannot be exercised for goods made according to the consumer's specifications or clearly personalized. Therefore, the right of withdrawal is in this case excluded for customers.
10. Warranties
The warranty applies in the case where Flexilivre.com expressly recognizes a fault attributable to itself. No warranty or product return will be accepted without prior written agreement from the services of Flexilivre.com. You have 15 days to make a claim to the services of Flexilivre.com. After this period, no warranty will be applicable. In no case can compensation exceed the amount of the order. Any product that has been damaged will not be refunded or exchanged. Flexilivre.com does not provide any warranty on the exact coloration or hue of your book, as this mainly depends on the quality of your photos.
11. Applicable Law - Competent Jurisdiction
In accordance with the provisions of the Consumer Code regarding the amicable resolution of disputes, FlexiLivre has the obligation to offer its customers, as consumers, the possibility of resorting to a mediation procedure. After initial written steps by the consumers regarding FlexiLivre, the consumer mediator may be seized for any consumer dispute whose settlement has not been successful.
Flexilivre.com was developed in accordance with French Law. Any dispute that may arise between you and Flexilivre.com will be subject to the competent jurisdictions of the Paris Court of Appeal.
12. Data Processing and Liberties
In accordance with the law La loi n°78-17 of January 6, 1978, as amended, relating to data processing, files, and liberties, the personal nominative information and data collected are subject to automated processing declared to the CNIL under receipt number 2119070
You can at any time modify your personal information. The user data provided on the site are intended for Flexilivre's administrative and commercial management. Flexilivre does not share this information with third parties.
The user has the right to access and correct his personal data. This right can be exercised by email at contact@flexilivre.com.
The law 78-87 of January 6, 1978, the law 2004-801 of August 6, 2004, as well as article L-226-13 of the penal code and the European Directive of October 24, 1995, protect all personal data
This site is published by the company Flexilivre, 11 Rue de Rungis, 75013 Paris. Siret Number: 79234553000036