PDF Archive Pro Terms of Sale
01Purpose and scope
These Terms of Sale, hereinafter referred to as "the Terms of Sale", govern sales of the PDF Archive Pro subscription concluded on the website www.pdf-archive.com, hereinafter referred to as "the Site". They apply to every order placed by a customer, whether that customer is a consumer or a business.
Every order implies full and unreserved acceptance of these Terms of Sale. That acceptance is collected through a tick box before the payment is validated. The Terms of Sale that apply to an order are the ones in force on the date of that order.
These Terms of Sale, together with the Terms of Use, express the obligations of the parties in their entirety, and shall prevail over any other conditions appearing in any other document, save for a prior, express and written derogation.
The Terms of Sale are made available on the Site, where they can be read and printed directly. On request, a version of the Terms of Sale in force on the date your subscription was paid for can be sent to you on a durable medium.
02Seller
hereinafter referred to as "the Publisher" or "the Seller".
- Seller: Valentin Beck, sole trader (entrepreneur individuel).
- Registration: RCS Strasbourg 443 543 152.
- Address: 67200 Strasbourg, Grand-Est, France.
- Contact: through the contact form of the Site.
Full details on the Legal notice page.
03Services offered
PDF Archive is a document hosting, archiving and sharing service. The paid offer is the PDF Archive Pro subscription: a renewable subscription, monthly or yearly, giving access to extended storage, to the advanced features and to priority support.
A free account, with no payment and no bank card, allows the service to be evaluated. The detailed characteristics and the prices in force are set out on the PDF Archive Pro page. Larger scale needs are covered by a managed dedicated instance, quoted on request.
Fair use. Characteristics presented as unlimited are to be understood within the framework of fair professional use of the service. Technical ceilings protect the infrastructure against abusive or automated use; they are set far above the volumes that professional use reaches, and they are not intended to be met. When such a ceiling is reached, the operation concerned is refused and a message tells the customer what to do next; the customer may refer the matter to the Seller so that their situation is examined and, where appropriate, a suitable offer is proposed to them, including a managed dedicated instance. The figures in force, in particular the storage capacity of the Pro subscription, are set out on the PDF Archive Pro page.
04Prices
Prices are stated in euros, all taxes included. VAT is not applicable, article 293 B of the French general tax code. The Pro subscription is offered at 19 euros per month or 190 euros per year, which amounts to two months free over the year.
For a business customer established in another member state of the European Union, their intra-community VAT number is collected (article 5) and the invoice is issued without French VAT.
The Seller reserves the right to change its prices at any time. The subscription is billed on the basis of the price in force at the time of subscription; that price applies to the following renewals, unless a change is notified under the conditions of article 16.
05Order and acceptance
Creating an account is required in order to place an order. The order becomes firm and final after the express acceptance of these Terms of Sale by tick box, then the validation of the payment, the button expressly stating the obligation to pay. The Seller confirms the order by email once the payment is confirmed.
For the purposes of issuing the invoice, the customer states whether they are acting as an individual or as a business, and provides a complete billing address. A business customer established in France provides their SIREN number; a business customer established in the European Union outside France provides their intra-community VAT number. This information is mandatory for businesses and appears on the invoice.
06Payment
Payment is made by bank card, Apple Pay or Google Pay, through the payment provider Stripe. No banking data passes through the servers of PDF Archive, and none is stored there.
For the Pro subscription, the amount is charged automatically at each renewal date, monthly or yearly, until cancellation, under the conditions of article 8.
07Right of withdrawal
In accordance with articles L221-18 and following of the French consumer code, a consumer has a period of fourteen (14) days from the date of subscription in which to exercise their right of withdrawal, without having to give reasons and without penalty. They may use the form reproduced in article 17, or any unambiguous statement, sent through the contact form of the Site or by registered letter with acknowledgement of receipt. The amount paid for the current period is then refunded and Pro access is stopped.
The right of withdrawal is not available to a business customer acting in the course of their business.
08Renewal, cancellation and change of plan
The Pro subscription renews by tacit agreement at each renewal date, monthly or yearly, for an identical duration, until the customer cancels it.
The customer may cancel their subscription at any time and free of charge from their Pro Account area, by a means as simple as the one used to subscribe (article L215-1-1 of the French consumer code). Cancellation takes effect at the end of the current period: Pro access is kept until that date, then the account returns to the free plan and the customer's files stay reachable there. Outside the withdrawal period, a period already started is not refunded.
The customer may move from the monthly subscription to the yearly subscription at any time, from their Pro Account area. That change takes effect immediately: only the difference is charged, calculated pro rata after crediting the part of the monthly period already paid for and not used; the amount due is shown before confirmation and gives rise to an invoice. Moving from the yearly subscription to the monthly subscription does not happen during a period: the customer keeps their yearly subscription until its term, then may subscribe to the monthly plan. No change of plan gives rise to a refund in cash.
For the yearly subscription, in accordance with article L215-1 of the French consumer code, the customer is informed before the renewal date of the possibility of not renewing their subscription.
09Legal warranties
Independently of these Terms of Sale, a consumer benefits from the legal warranty of conformity applicable to digital content and services (articles L224-25-1 and following of the French consumer code) and, where applicable, from the warranty against hidden defects (articles 1641 and following of the French civil code).
Legal warranty of conformity
Where a lack of conformity of the Service is found, the Publisher should be informed through the contact form of the Site. You have a period of two years from the delivery of the Service in which to act, and you are exempted from proving the existence of the lack of conformity during the twenty-four months following its delivery. This legal warranty applies only to a buyer acting as a consumer.
Legal warranty against hidden defects
In the event of a hidden defect, that is to say a concealed defect predating the sale which makes the Service unfit for the use for which it is intended, or which so impairs that use that you would not have acquired it, or would have paid a lower price for it, had you known of it, you may invoke the warranty against hidden defects. The Publisher should be informed through the contact form of the Site. You have a period of two years from the discovery of the defect in which to act, and you must provide evidence of the defect, which is not presumed. Where the defect is established, you may obtain a refund of part of the price as well as of the costs occasioned by the sale.
10Availability and liability
PDF Archive is bound by an obligation of means, to the exclusion of any obligation of result, which the customer expressly acknowledges and accepts. The service is provided as it stands, with no guarantee of continuous availability. Interruptions may occur for maintenance, for a technical incident, or for a cause beyond the Seller's control. Within the limits permitted by law, the Seller's liability is limited to direct and foreseeable damage, to the exclusion of indirect damage (loss of data, loss of business, loss of revenue).
For the performance of the obligations arising from the contract concluded at a distance between the Publisher and a consumer, within the meaning of the introductory article of the French consumer code, the Publisher is liable as of right for the proper performance of that contract (article L221-15 of the French consumer code). The Publisher may however be relieved of all or part of its liability where the non-performance or the improper performance of the contract is attributable to the customer, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
11Obligations of the customer
The customer undertakes to make lawful use of the service, in accordance with the Terms of Use. In particular they shall not upload unlawful content, nor health data subject to the French "Hébergeur de Données de Santé" approval or certification (see article 5 of the Terms of Use), on any plan, including a managed dedicated instance. The Seller may suspend or terminate an account in the event of a breach, without notice in the event of serious abuse.
When using the Service, the customer further undertakes to:
- Comply with the laws and regulations in force, with public order and with public decency.
- Not put online, record or transmit material inciting discrimination against, or hatred of, a person or a group of people on the grounds in particular of their political opinions, their origin, their real or supposed membership or non-membership of a given ethnic group, nation, race or religion, or their sexual orientation.
- Not obstruct or disrupt the operation of the Site and of the associated servers and networks, in particular by calling into question their operation, their security or their integrity.
- Not use malicious software, nor exploit any form of vulnerability, in order to obtain advantages or access to protected data of the Site.
- Immediately warn the Publisher upon discovering a security vulnerability in the Site.
- Not infringe the rights of a third party.
- Not put online, record or transmit material protected by copyright, unless the customer warrants having obtained the permission of the rights holder and can provide evidence of it.
- Not collect, store or distribute the personal data of a third party.
- Not harass, disparage or insult a third party in any way whatsoever.
- Not attempt to mislead other users by usurping the name, the pseudonym or the corporate name of another natural or legal person.
12Force majeure
Neither the Publisher nor any third party involved in the provision of the Service shall be held liable for a failure or a delay in the performance of their obligations under these Terms of Sale, resulting from a case of force majeure within the meaning of article 1218 of the French civil code.
Are considered cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which they could not prevent despite all reasonably possible efforts, including without any limitation: acts of the civil or military authorities, governmental or legal restrictions, fires, storms, floods, lightning, earthquakes, riots, total or partial strikes, wars, acts of sabotage, interruption or disturbance of telecommunication or energy networks, blocking of the means of transport or of supply.
The party invoking such circumstances must immediately notify the other party of their occurrence and of their end. The parties shall come together to examine the effect of the event and to agree the conditions under which the performance of the contract will continue. Where the case of force majeure lasts more than 30 days, these Terms of Sale may be terminated by the aggrieved party.
13Personal data
The processing of personal data is described in the privacy policy, which complies with European Regulation 2016/679 (GDPR).
14Consumer mediation
In accordance with articles L611-1 and following of the French consumer code, a consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute, after having tried to resolve it directly with the Seller.
After having contacted us and failing an answer that satisfies you, you have the possibility of using a consumer mediation procedure free of charge with: CM2C, 49 rue de Ponthieu, 75008 Paris, France; tel. +33 1 89 47 00 14; www.cm2c.net/declarer-un-litige.php; litiges@cm2c.net.
15Governing law and disputes
These Terms of Sale are governed by French law, to the exclusion of any other legislation. In the event of a dispute, the parties shall endeavour to find an amicable solution, where appropriate through the mediation set out in article 14. Failing that, for a consumer, the rules of jurisdiction of the French code of civil procedure apply; for a business, jurisdiction is given to the courts of Strasbourg, France.
In the event that one or more clauses of these Terms of Sale were to become void following a change in legislation or by a court decision, this shall in no way affect the validity of the other clauses, which shall remain applicable.
16Changes to the Terms of Sale
The Seller may change these Terms of Sale at any time, by publishing a new version on the Site. The Terms of Sale that apply to an order are the ones in force and accepted on the date of that order.
17Model withdrawal form
To be completed and returned only in the event of withdrawal from the Pro subscription, for the attention of through the contact form of the Site:
"I hereby give you notice of my withdrawal from the contract for the PDF Archive Pro subscription: ordered on (date) ____________ ; account email ____________ ; name of the consumer ____________ ; date ____________ ."