Terms of sales

Back to homepage

This page is the translation of a document in French. This translation is provided for information only. The final version is the one in French.

Preamble

The general conditions of sale described below detail the rights and obligations of the company PUBPUBGO and its client in the context of the sale of its services.

ANY SERVICE PERFORMED BY PUBPUBGO THEREFORE IMPLIES THE PURCHASER'S UNRESERVED ADHERENCE TO THESE GENERAL CONDITIONS OF SALE.

Updated on February 17, 2021


ARTICLE 1 - PRINCIPLES

These general conditions concern the provision of services provided between professionals (service provider / buyer).
These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the service provider to buyers of the same category.
The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are put online.
If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which are headquartered in France.
These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.
The service provider reserves the right to derogate from certain clauses hereof, depending on the negotiations carried out with the buyer, by establishing special conditions of sale.
The service provider can, moreover, establish categorical general conditions of sale, derogations from these general conditions of sale, according to the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will then have these categorical general conditions of sale applied.
These general conditions of sale are applicable until December 31, 2021.

ARTICLE 2 - CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of the services offered by the service provider to the buyer. They relate to the following services: advertising campaign on Google Ads.
These conditions only concern services provided in France for buyers located on French territory. For any service performed outside of France, or for a buyer located outside of France, it should be reported to obtain a specific quote.

ARTICLE 3 - THE ORDER

The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept these general conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance with the conditions described below.
Payment is made by credit card.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the service provider reserves the right to block the buyer's order until the problem is resolved.
If it is impossible to perform the service, the buyer will be informed by email.
The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must call the +33 9 54 21 50 41, Monday to Friday, 9 a.m. to 5.30 p.m. (cost of a local call).

ARTICLE 4 - ELECTRONIC SIGNATURE

The online supply of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement and will be worth:
⁃ payment of amounts due under the purchase order;
⁃ signature and express acceptance of all operations carried out.

In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact: +33 9 54 21 50 41

ARTICLE 5 - ORDER CONFIRMATION

The contractual information will be confirmed by email at the latest at the time of the start of performance of the services, to the address indicated by the buyer in the order form.

ARTICLE 6 - PROOF OF THE TRANSACTION

The computerized registers, kept in the computer systems of the service provider under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

ARTICLE 7 - INFORMATION ON SERVICES

The services governed by these general conditions are those which appear on the service provider's website and which are indicated as carried out by the service provider or under its control. They are offered within the limits of the service provider's availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the provider cannot be held liable.

ARTICLE 8 - PRICE

▸  Calculation
The service provider reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order. Prices are in euros. The prices take into account the VAT * applicable on the day of the order and any change in the applicable rate of VAT will be automatically reflected in the price of the services / products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the services / products.

*VAT not applicable - Article 293 B of the CGI.

▸  Late penalties
In accordance with the law, any late payment obliges the service provider to charge late penalties. The rate of late payment penalties is established on the basis of the rate of 8.5% per year; in addition, the late debtor will be required to pay the service provider a lump sum compensation for recovery costs of 40 Euros; in addition, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being able to be considered as being attributable to him.

ARTICLE 9 - TERMS AND DEADLINES OF PAYMENT

▸  Rules
Payment for the order is made by credit card. The service provider reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment.
The service provider reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The service provider has set up an order verification procedure to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the buyer may be asked to send the service provider, by email, a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the service provider of the documents sent.

▸  Term payment
The price is payable in full and in a single payment, upon receipt. This deadline will be mentioned on the invoice sent to the buyer.

▸  Late payment
Any delay in payment will result in the immediate payment of all sums due to the service provider by the buyer, without prejudice to any other action that the service provider would be entitled to bring, in this respect, against the buyer.

ARTICLE 10 - INTERVENTION DEADLINES

Except in cases of force majeure or during the closing periods clearly announced on the home page of the site, the response times will be, within the limits of the service provider's availability, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email.
For services provided in Metropolitan France, the deadline is between 3 and 5 working days maximum working days from the day following that on which the buyer placed his order.
In the event of delay, the provider cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever can be claimed by the buyer.
If the service provider is unavailable to perform the service, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the option of requesting reimbursement of the sums paid within 30 days of their payment at the latest.

ARTICLE 11 - CONSTRUCTION PROCEDURES

The realization is started only after confirmation of the payment by the banking organization of the service provider.
In the event of non-compliance with the payment conditions appearing above, the seller may suspend or cancel the service.
The service is provided for the URL address indicated by the buyer on the order form.

ARTICLE 12 - SERVICE PROVIDER'S OBLIGATIONS

The service provider's commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, the service provider will assign to the performance of the services professionals with the skills required to ensure their performance in accordance with its quality standards.

ARTICLE 13 - BUYER'S OBLIGATIONS

In order to facilitate the proper performance of the services, the buyer undertakes:
⁃ to provide the service provider with complete, accurate and timely information and documents without being required to verify their completeness or accuracy;
⁃ to make timely decisions and obtain the necessary hierarchical approvals;
⁃ to designate a correspondent vested with decision-making power;
⁃ to ensure that the key contacts and the correspondent are available throughout the performance of the services;
⁃ to inform the service provider directly of any possible difficulty relating to the performance of the services.

ARTICLE 14 - INFORMATION AND PUBLICITY

The buyer recognizes and accepts:
⁃ that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents by electronic mail circulating on the Internet;
⁃ that neither party exercises control over the capacity, reliability, access or security of these emails;
⁃ that the service provider cannot be held responsible for any loss, damage, costs or prejudice caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by any fact. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms.

ARTICLE 15 - INTELLECTUAL PROPERTY

In the event that one of the service provider's recommendations or the use of elements delivered following one of its recommendations would involve the use of goods, models, drawings, photographs, etc. being the subject of intellectual property rights belonging to third parties, the service provider will inform the purchaser of the existence of these rights and of the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating for his own account the rights of use under conditions such that the service provider is able to do so. prevail for benefit requirements.

For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.
In some cases, these aids can be made available to the buyer and at his request. Insofar as these tools have been developed specifically for the needs of the service provider and without consideration of the buyer's own needs, they are made available to the buyer for the duration of the contract as is and without any warranty. attached, for simple use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any assignment of rights or guarantees, whatever the title, for the benefit of the purchaser or that of the third party.

The service provider reserves all rights, title and interest in:
⁃ the original elements appearing in the proceedings, documents, memos, consultations, opinions, conclusions or other pleadings, etc. carried out within the framework of the services, including without limitation, any copyright, registered trademark and any other related intellectual property right;
⁃ all the methods, processes, techniques, developments, and know-how whether or not incorporated into the services or that the service provider would be required to develop or provide as part of the services.

The buyer may, without geographical limitation, free of charge and irrevocable, use internally and for the term of protection by copyright, the elements designed by the service provider and incorporated into his work. The buyer is prohibited from distributing, marketing, and more generally making available or conceding the use of these same products and more generally from conceding the use of these same elements to third parties without the agreement of the service provider.

No party may mention or use the name, denomination, brands and logos or other designations, commercial or not, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, the service provider may use the name, denomination, trademarks and logos of the purchaser during the contract to the extent that is strictly necessary for the performance of the services, including in subsequent service proposals. In addition, the buyer authorizes the service provider, at the end of the performance of the services, to cite his name / denomination as a reference and to accompany this quote, if applicable, with a generic description of the services provided.

ARTICLE 16 - DOCUMENTS

The service provider will keep the original documents that have been given to him, and will return them to the buyer, on his request. All documents, data or information provided by the buyer will remain his property.
The service provider will keep a copy of the only documents necessary for the constitution of its working files.
The working documents prepared within the framework of the services are our property and are covered by professional secrecy.

ARTICLE 17 - INDEPENDENCE

In the event that a conflict of interest or a problem of independence arises during the performance of the services, the service provider will immediately inform the buyer and will seek with him the most suitable solution to the situation in the compliance with applicable rules. More particularly, if a modification of the regulations or professional standards prohibits the service provider from continuing its services, it will make available to the purchaser the result of the services as well as all the documents necessary for their finalization, including its Documents in it. state, in order to facilitate prosecution by a third party.

ARTICLE 18 - RESPONSIBILITY OF THE SERVICE PROVIDER

The entire liability of the service provider and that of his employees relating to any breach, negligence or fault noted during the performance of the services will be capped at the amount of the fees paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or parties to litigation.
This stipulation will not apply to a liability for death or bodily injury, nor to any other liability that the law prohibits to exclude or limit.
The provider's liability can only be engaged in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind.

In addition, the provider cannot be held liable in the following cases:
⁃ following a failure or deficiency of a product or a service whose supply or delivery is not the responsibility of it or its possible subcontractors;
⁃ for facts and / or data which do not fall within the scope of the services, and / or which are not an extension thereof;
⁃ in the event of use of the results of the services, for an object or in a context different from that in which it intervened, of incorrect implementation of the recommendations or of failure to take into account the reservations of the service provider.

The service provider is not liable for its insurers or for indirect damages, nor for loss of profit or loss of opportunity or expected profits, nor for the financial consequences of actions that may be brought by third parties against the buyer.

ARTICLE 19 - GUARANTEE

The service provider guarantees the buyer against any lack of conformity of the services and any hidden defect resulting from a design or supply defect of said services to the exclusion of any negligence or fault of the buyer.
In any event, in the event that the provider's liability is retained, the provider's warranty would be limited to the amount excluding tax paid by the buyer for the provision of the services.

ARTICLE 20 - TRANSFERABILITY AND SUBCONTRACTING

The service provider reserves the right to transfer all or part of the performance of the services to service providers meeting the same qualification requirements.
If the service requires specific technical skills, the service provider will inform the buyer about the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the service provider and will undertake to keep confidential all the information of which it becomes aware during the services.

ARTICLE 21 - CLAIMS

All complaints, whether amicable or legal, relating to the performance of the services must be made within one year of the end of the performance of the service.

ARTICLE 22 - RIGHT OF WITHDRAWAL

The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

ARTICLE 23 - FORCE MAJEURE

All circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

ARTICLE 24 - PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

ARTICLE 25 - NON-WAIVER

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

ARTICLE 26 - TITLE

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent..

ARTICLE 27 - PROTECTION OF PERSONAL DATA

▸  Data collected
The personal data collected on this site are as follows:
⁃ opening an account (when creating the user's account): name, first name, email address, telephone number, postal address, commercial name of the company, SIREN or RNA number, main activity carried out, URL address the website;
⁃ connection: when the user connects to the website, the latter records, in particular, last name, first name, connection, use, location and payment data;
⁃ profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;
⁃ payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;
⁃ communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored;
⁃ cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

▸  Use of personal data
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
⁃ access and use of the website by the user;
⁃ management of the operation and optimization of the website;
⁃ organization of the conditions of use of the Payment Services;
⁃ verification, identification and authentication of data transmitted by the user;
⁃ offering the user the possibility of communicating with other users of the website;
⁃ implementation of user assistance;
⁃ personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
⁃ prevention and detection of fraud, malware (malicious software) and management of security incidents;
⁃ management of any disputes with users;
⁃ sending commercial and advertising information, based on user preferences.

▸  Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
⁃ when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
⁃ when the user publishes publicly accessible information in the free comment areas of the website;
⁃ when the user authorizes the website of a third party to access his data;
⁃ when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff;
⁃ if required by law, the website may transmit data to respond to complaints against the website and to comply with administrative and legal procedures;
⁃ if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

▸  Security and confidentiality
The website 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 website cannot guarantee the security of the transmission or storage of information on the internet.

▸  Implementation of user rights
In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to our data protection officer (DPO) Mr. Marc ABELLAN, at the email address: contact@pubpubgo.com
⁃ The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
⁃ The right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
⁃ The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
⁃ The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
⁃ The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
⁃ The right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website.

▸  Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

ARTICLE 28 - APPLICABLE LAW

THESE GENERAL CONDITIONS ARE SUBJECT TO THE APPLICATION OF FRENCH LAW. THEY ARE WRITTEN IN THE FRENCH LANGUAGE. IN THE EVENT THAT THEY ARE TRANSLATED INTO ONE OR MORE LANGUAGES, ONLY THE FRENCH TEXT SHALL BE AUTHORIZED IN THE EVENT OF A DISPUTE.

The parties undertake to seek an amicable solution to any dispute which may arise from the performance of the services. If they fail to do so, the parties will submit the dispute to the commercial court of the publisher's head office (34300 Agde, France), subject to a specific attribution of jurisdiction arising from a particular law or regulation.


The brands and trademarks mentioned are the property of their respective owners.

PUBPUBGO uses cookies for a better experience. By continuing to browse, you accept their use.
Find out more  -  Accept all cookies