Terms of Sales
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to any purchase of the following services:
Drime provides a variety of subscription plans designed to suit your requirements, including Starter, Plus, Professional, and Advanced plans, as offered by the Service Provider to non-professional clients ("Clients or the Client") on the website https://drime.cloud.
The main features of the Services are presented on the website https://drime.cloud.
The Client is required to take note of these before placing an order.
The choice and purchase of a Service is the sole responsibility of the Client.
These GTC are accessible at any time on the website https://drime.cloud and shall prevail over any other document.
By checking the box provided for this purpose before implementing the online ordering procedure on the website https://drime.cloud, the Client declares that they have read these GTC and accepted them. Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client. The Service Provider's contact details are as follows:
Jarre Tibalt, Commercial name: Drime, Micro Entreprise on the number 987 477 387, 6 chemin du georgillet
Email: contact@drime.cloud
Phone: 0616187166
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Client.
ARTICLE 2 - PRICES
The Services are provided at the prices in force appearing on the website https://drime.cloud, at the time of the order registration by the Service Provider.
Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts that may be granted by the Service Provider on the website https://drime.cloud.
These prices are firm and non-revisable during their validity period, but the Service Provider reserves the right, outside the validity period, to change the prices at any time. Prices do not include processing, shipping, transport, and
delivery costs, which are billed separately under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees. An invoice is established by the Service Provider and given to the Client when the ordered Services are provided.
ARTICLE 3 - ORDERS
It is the Client's responsibility to select on the website https://drime.cloud the Services they wish to order, according to the following terms:
Once registered, users need to navigate to the "Upgrade" button, select a plan, choose the payment method, either Stripe (credit/debit card) or Paypal, and proceed. Upon completion of the payment, storage will be automatically allocated to the user's account. The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to report any errors immediately. Any order placed on the website https://drime.cloud constitutes the formation of a distance contract between the Client and the Service Provider. The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute over the payment of a previous order.
The Client can follow the progress of their order on the website. Placing an order on the website https://drime.cloud implies the conclusion of a contract with a minimum duration of 1 month renewable for the same duration by tacit renewal.
Cancellation : You may cancel your Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions and obtain a refund within 14 days of signing up for, upgrading to, or renewing a Paid Account. In addition, if the user cancels their subscription, we reserve the right to block their account until the next payment is made in order to unlock additional storage. During this period, the user will be prevented from uploading new documents. If the user does not wish to renew their payment, they will need to clear their storage to return to the free 20GB limit.
In accordance with Article L 215-1 of the Consumer Code:
"For contracts for the supply of services concluded for a specified period with a tacit renewal clause, the professional service provider informs the consumer in writing, by means of a dedicated letter or email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, provided in clear and understandable terms, includes, in a prominent box, the deadline for non-renewal. When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
The advances made after the last renewal date or, in the case of indefinite contracts, after the date of transformation of the initial fixed-term contract, are refunded in this case within thirty days from the date of termination, after deduction of the amounts corresponding, until then, to the performance of the contract. The provisions of this article apply without prejudice to those which legally submit certain contracts to specific rules regarding consumer information. >>
Article L215-2 of the Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services, on the contrary, Article L215-3 of the Consumer Code provides that these rules apply to contracts concluded between professionals and non-professionals. Article L241-3 of the Consumer Code sanctions the professional who has not made the reimbursements under the conditions provided for in Article L 215-1 of the Consumer Code."
ARTICLE 4 - PAYMENT CONDITIONS
The price is paid by secure payment, as follows:
• payment by credit card
The price is payable by the Client in cash, in full on the day of ordering. Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider acting for banking transactions carried out on the website https://drime.cloud. Payments made by the Client will only be considered final after the effective collection of the sums due by the Service Provider. The Service Provider will not be required to provide the Services ordered by the Client if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - PROVISION OF SERVICES
The Services ordered by the Client will be provided according to the following terms:
The said Services will be provided within a maximum period of Instantly from the definitive validation of the Client's order, under the conditions provided for in these GTC, at the address indicated by the Client when placing their order on the website https://drime.cloud. The Service Provider undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the deadlines specified above. If the Services ordered have not been provided within 14 days after the indicative supply date, for any reason other than force majeure or the Client's fault, the sale of the Services may be terminated at the Client's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In case of a special request from the Client regarding the conditions of provision of the Services, duly accepted in writing by the Service Provider, the costs related thereto will be subject to specific additional invoicing later on.
Failing any reservations or claims expressly made by the Client upon receipt of the Services, they will be deemed to be in conformity with the order, in quantity and quality. The Client will have a period of 14 days from the provision of the Services to make any claims by email, with all supporting documents, to the Service Provider. No claim will be validly accepted in the event of non-compliance with these formalities and deadlines by the Client. The Service Provider will refund or rectify as soon as possible and at its expense the Services for which the lack of conformity has been duly proven by the Client.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L221-18 of the Consumer Code, "For contracts providing for the regular delivery of goods over a specified period, the period shall begin on the receipt of the first goods."
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the website, or by any other unambiguous statement expressing the desire to withdraw, particularly by post addressed to the Service Provider at the postal or email address indicated in ARTICLE 1 of these GTC.
In the event of exercise of the right of withdrawal within the above-mentioned period, only the price of the Services ordered is refunded. The reimbursement of the sums actually paid by the Client will be made within 14 days following receipt, by the Service Provider, of notification of the Client's withdrawal.
ARTICLE 7 - LIABILITY OF THE SERVICE PROVIDER - WARRANTIES
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, resulting from a defect in design or implementation of the Services ordered under the following terms and conditions:
Legal warranty provisions
Article L217-4 of the Consumer Code "The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when these have been charged to him by the contract or have been carried out under his responsibility."
Article L217-5 of the Consumer Code "The goods are in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted."
Article L217-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Article L217-16 of the Consumer Code "When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him upon the acquisition or repair of a movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or the availability for repair of the property in question, if this availability is later than the request for intervention."
In order to assert their rights, the Client must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity. The Service Provider will refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at its expense, no later than 14 days following the finding by the Service Provider of the defect or lack of conformity. This refund can be made by bank transfer or check. The Service Provider's warranty is limited to the reimbursement of the Services actually paid for by the Client. The Service Provider cannot be held liable or in default for any delay or failure resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence. The Services provided through the Service Provider's website comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country where the Services are provided, which it is the responsibility of the Client, who is solely responsible for choosing the requested Services, to verify.
ARTICLE 8 - PERSONAL DATA
The Client is informed that the collection of their personal data is necessary for the sale of the Services and their realization and delivery, as well as for their transmission to third parties involved in the realization of the Services. This personal data is collected solely for the purpose of executing the service contract.
8.1 Collection of personal data
The personal data collected on the website https://drime.cloud are as follows: Account opening When creating the Client/user account: Names, first names, postal address, telephone number, and email address. Payment In the context of payment for the Services offered on the website https://drime.cloud, it records financial data relating to the Client/user's bank account or credit card.
8.2 Recipients of personal data
Personal data is used by the Service Provider and its co-contractors for the execution of the contract and to ensure the effectiveness of the provision of services, their realization, and their delivery. The category(ies) of co-contractor(s) is(are): - Payment service providers The data controller is the Service Provider, within the meaning of the Data Protection Act and as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.
8.4 Processing limitation
Unless the Client expressly agrees, their personal data will not be used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider will keep the data collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
8.6 Security and confidentiality
The Service Provider implements organizational, technical, software, and physical measures in terms of digital security 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 Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of the rights of Clients and users
In accordance with the regulations applicable to personal data, Clients and users of the website https://drime.cloud have the following rights:
They can update or delete the data concerning them as follows: Clients can delete their personal data by contacting us at contact@drime.cloud and/or requesting the deletion of their account through the user menu.
They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Service Provider is inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 "Data controller".
They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
They may also request the portability of the data held by the Service Provider to another service provider.
Finally, they may object to the processing of their data by the Service Provider. These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or by Email to the Data Controller whose contact details are indicated above. The data controller must respond within a maximum period of one month. In the event of refusal to accede to the Client's request, it must be justified. The Client is informed that in the event of a refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring legal action. The Client may be asked to tick a box indicating their agreement to receive informative and advertising emails from the Service Provider. They will always have the possibility to withdraw their agreement at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - INTELLECTUAL PROPERTY
The content of the website https://drime.cloud 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 prohibited and may constitute an offense of counterfeiting.
ARTICLE 10 - APPLICABLE LAW - LANGUAGE
These GTC and the operations resulting therefrom are governed and subject to French law. These GTC are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 11 - DISPUTES
For any complaint, please contact customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these GTC. The Client is informed that they may, in any event, resort to conventional mediation, to existing sectoral mediation bodies, or to any other alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is Stripe Dublin, Ireland https://stripe.com E-mail: contact@stripe.com. The Client is also informed that they may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes arising from the operations of purchase and sale concluded under these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be subject to the competent courts under the conditions of ordinary law. Produced on https://www.legalplace.fr
ANNEX I
Withdrawal form
Date
This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://drime.cloud, except exclusions or limits to the exercise of the right of withdrawal following the applicable General Terms and Conditions of Sale.
To the attention of Micro Enterprise, Jarre Tibalt, Commercial name: Drime
I hereby notify the withdrawal of the contract for the order of the service below:
Order of (indicate the date)
Order number:
Customer name:
Customer address:
Customer signature: