GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE PLATFORM
Articles: refers to the promotional and editorial articles offered for sale on the Platform. The articles may be written (i) by the Publishers or (ii) at the Publisher’s request by PAPER CLUB.
GTC: refers to these General Terms and Conditions of Sale and Use which aim to define (i) the conditions of use of the Platform by the Clients and (ii) the conditions for the online sale of the Publications.
Client(s): refers to the advertiser(s), professional or private individual(s) who carry out a business activity, or to any agency purchasing Publications on the Platform so that they can be published on the Publisher’s Website. A Customer has necessarily accepted these GTC and wishes to take advantage of the Secure Wallet Service. ——-
Protection period: refers to the time required for PAPER CLUB to make sure that the Publisher has carried out the order correctly. This period shall not exceed 45 days from the time the Publication is posted on the Publisher’s Website. No payment shall be made to the Publisher for this entire period. —
Publisher: refers to any website publisher(s) registered on the Platform with space available to post Publications, and entrusting PAPER CLUB with the sale of its publications to Clients via the Platform acting in its own name on behalf of the Publisher.
Description Sheet: refers to the description of the Website and Publication for sale, visible to Clients, indicating the price set by PAPER CLUB, and summarising all the information relating to the Publisher, on which appears the name of the media, its editorial offer, the Options it offers and the corresponding publication rules, information on Trust Flow (TF), Domain Rating (DR), number of visits per month, etc. This sheet may include images or screenshots of the Website and allows the Client to make an informed choice.
MANGOPAY: refers to the payment service provider appointed by PAPER CLUB to collect the price of the order on a dedicated escrow account.
Options: refers to the options suggested by the Publisher, such as posting on the Homepage, an additional link to a website selected by the Client, an image, a target keyword, a relay on a social network, a relay in the form of a newsletter… These paying options may be added at the Client’s request. –
Platform: refers to the PAPER CLUB platform for connecting and selling Publications online in its own name, but on behalf of the Publishers.
Wallet: refers to a MANGOPAY sub-account which functions as a secure account and on which the price of the order is first paid by the Client before being credited to the Publisher’s account, once PAPER CLUB has verified the execution of the order by the Publisher. If the Wallet is in credit, it can also be used as a means of payment on the Platform.²
Publication(s): refers to the Articles, the link to the Client’s own website, the Options and the advertising space offered for sale on the Platform for publication on the Publisher’s Website.
Service(s): refers to the contact and online sale service for the Publications, as well as the provision of a Control Panel and a Wallet to the Clients.
Website: refers to the Website owned by the Publisher, where the Publication purchased by the Client will be posted online.
Client Control Panel: refers to the Client’s personal virtual space which allows them to access the Service and on which they can, in particular, access their profile, view the Platform’s news, write a brief, select Options, validate Articles, manage Orders, manage their Wallet, view past Orders or update the information provided during registration.
SOCIÉTÉ FREYA (operating under the trade name PAPER CLUB), a SASU with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under no. 892 295 072, whose head office is located 15 RUE DES HALLES PARIS (75001), provides Clients with (i) an online sales platform relaying the Publications that the Publishers may offer on their Website(s), (ii) an order and activity monitoring Service (Control Panel), and (iii) a secure Payment Service.
The use of the Service offered by PAPER CLUB by the Client entails the acceptance and application of these GTC.
These General Terms and Conditions for the Platform (“GTC”) govern the terms and conditions under which the Clients use the Platform in order to purchase Publications.
Article 1. The Role of PAPER CLUB
PAPER CLUB is an intermediary (acting in its own name, but on behalf of Publishers) marketing the Publishers’ publication spaces and is in no way an agent of the Clients. PAPER CLUB does not have an advisory role towards the Clients.
Article 2. Description of the Service
2.1. Access to the Service
Advertiser or agency Clients can access the Service by clicking on the “Advertiser” tab.
The Client selects one or more editorial themes that interest them.
The Client fills out their information: full name, email, phone number, password.
The Client then accepts the full GTC by ticking the box to that effect.
The personal information provided will be processed in accordance with the provisions of article 8 of these GTC.
When creating an account on the Platform, the Client undertakes to provide PAPER CLUB with accurate information. The Client must inform PAPER CLUB of any changes to this information.
The Client is responsible for maintaining the confidentiality of their account and password, and for restricting access to their computer or other equipment. In this regard, the Client acknowledges that they are responsible for all activities that occur under their account.
PAPER CLUB reserves the right to suspend or refuse access to the Service in the event of a breach of these GTCs and, particularly but not exclusively, in the event that the Client has provided false or incomplete information as well as in the event of payment fraud.
2.2. Description of the Service
The Platform offers a listing of various Publishers offering to distribute the Publications selected by the Clients on their Website. Each Client is given access to a Control Panel enabling them to draw up a brief, manage their order and view their advertising expenditures.
The Control Panel then allows the Client to access the proposed Article, to validate it, and to monitor their orders.
The Service also includes the provision of a secure Payment Service in the form of the “Wallet”.
2.3. Availability of the Service
PAPER CLUB makes every effort to ensure the availability of the Service. Nevertheless, PAPER CLUB reserves the right to interrupt, temporarily suspend, or modify access to the Platform without prior notice in order to make improvements, adaptations, or carry out maintenance.
Article 3. Ordering Process
The Client searches the Platform for the Website on which they would like to post their promotional material. They then access a description of the Website and the Description Sheet.
The price for each Publication appears alongside its description, as well as the Publisher’s publishing conditions.
The Client then chooses the characteristics of the Publication, one or more Options, and adds them to their basket.
The Client is advised that the positioning of their Publication on a particular page is not guaranteed.
After selecting the Website and Publication characteristics, the Client:
- Selects their payment method, indicates their billing address;
- Checks the order summary;
- Validates their basket;
- Proceeds to the secure payment of their order.
Validation of the basket implies acceptance of the price, as well as the Publisher’s publishing conditions.
A confirmation email summarising the details of the order and including a link to these GTCs will be sent to the Client by PAPER CLUB.
The Publisher will then have 5 working days to accept or refuse the Client’s order. After this period, the Customer’s order will be automatically refused.
The Client acknowledges that the Publisher may refuse their order. In such a case, the Client may not hold the Publisher or PAPER CLUB liable.
In the event that the order is refused by the Publisher or in the absence of a response from the Publisher within 5 working days, the Client will receive an email from PAPER CLUB indicating that their order has been cancelled. The Client’s wallet will then be credited again.
Article 4. Price and Payment
The price of the Publications on the Platform is freely determined by PAPER CLUB.
The price is displayed in euros excluding VAT.
The price including VAT shall be displayed on the Order Summary.
Payment is made online directly on the Platform by credit card, bank transfer, SEPA direct debit, or by means of the Wallet if it is in credit. The following credit cards are accepted: CB, VISA, MASTERCARD, Maestro and Diner’s Club. The amount will be credited by MANGOPAY to the Client’s Wallet and will remain there until the Publication has been validated by the Client and published by the Publisher.
Any order from a Client who has not paid in full or in part for a previous order or whose Wallet balance is negative, or with whom a payment dispute is being administered, may be turned down by PAPER CLUB.
Upon acceptance of the order by PAPER CLUB, the Client shall receive the corresponding invoice for the order in their Client Control Panel.
PAPER CLUB is responsible for the invoicing and determination of all taxes, including but not limited to VAT, incurred or to be collected, paid, or withheld in connection with products and services sold or rendered to Clients.
Article 5. Validation and Posting of the Publication by the Publisher
The Publisher, having accepted an order, undertakes to follows the brief entered by the Client at the time of the Order.
The Publisher shall provide the Client with the text of the proposed Article.
PAPER CLUB shall not be liable for the editorial quality of the Article if the Article has been written by the Publisher.
The Client will have 10 working days to accept the proposed Article or may, depending on the Options initially selected, request modifications.
In the event that no Article is validated: PAPER CLUB shall attempt to find an amicable solution by offering a fair solution to the parties and shall be entitled to cancel the Order if no solution is accepted by both parties. If the Publisher or the Client so requests, the Platform shall credit the Client again accordingly.
As of the validation of the Article by the Client, the Publication will be posted online on the Publisher’s Website within a maximum of 5 working days.
The publication will be posted on the Publisher’s Site, according to the Options selected by the Client, for the duration indicated by the Publisher at the time of the order.
If the duration specified is “unlimited [CG1]”, it must be understood that the Publisher agrees for the Publication to be posted on their Website without any condition of duration, except in case of force majeure [CG2] (see article 7). Nevertheless, the Client accepts that neither the Publisher nor the Platform can make an absolute commitment, so that the liability of the Publisher or the Platform cannot be called into question if the Publication has been accessible on the Site for at least 36 months.
The Publisher is solely responsible for the posting of the Publications. PAPER CLUB shall therefore not be liable for any delays or issues in the uploading of the Publications ordered on the Platform. In this respect, the Client may report any incident to PAPER CLUB via their Control Panel and PAPER CLUB shall endeavour to try to resolve the dispute.
Article 6. Client’s Obligation
The Client is expressly prohibited from undertaking commercial agreements with Publishers they have been in touch with via the Platform. For any new publication request, the Client must go through the Platform. In the event of an attempt by the Publisher to market one of their spaces directly to a Client with whom they have been in contact via the Platform, the Client undertakes to inform PAPER CLUB.
Article 7. Liability
In view of the technical computer and telecommunications constraints inherent to the use of the Platform, PAPER CLUB shall not be liable for any damage caused by a malfunction in one or more of the stages of access to the Service offered, due in particular, but not exclusively, to the downsides inherent to the use of the Internet network, such as a service disruption, external intrusion, the presence of computer viruses or malfunction of any kind. The Client is invited to report any difficulties that they may encounter in using the Service to PAPER CLUB without delay.
Neither PAPER CLUB nor the Publisher shall be liable in the event that the non-execution or improper execution of PAPER CLUB’s obligations is attributable either to the conduct of the Client or to the unforeseeable and insurmountable act of a third party, or due to a case of force majeure, as defined in Article 1218 of the Civil Code. Force majeure includes in particular: natural disasters, fires, strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of Internet connectivity due to public or private operators, as well as the disappearance of the Website or the disappearance of the Publisher, which the Customer accepts. Furthermore, PAPER CLUB shall not be held liable for any indirect damage, operating loss, loss of profit, damage, or costs arising from such events.
Without prejudice to the hypotheses for the exclusion of PAPER CLUB’s liability set out in these GTC, PAPER CLUB may only be held liable for direct, actual, foreseeable, and certain damage suffered by the Client, provided that the latter proves that PAPER CLUB’s contractual fault was the direct cause of the damage.
The Client acknowledges and accepts that loss of opportunity, operating losses in the accounting sense of the term, loss of productivity, contracts and/or margins, loss of earnings as well as the non-realisation of savings or expected earnings or any damage to the image shall not give rise to compensation. In any event and in the event that PAPER CLUB is held liable, the compensation due shall not exceed the amount corresponding to the Publications purchased during the two (2) months preceding the incident.
Article 8. Personal Data
When the Client uses the Platform, their personal data may be subject to computer processing. FREYA (PAPER CLUB) is responsible for processing all the personal data collected from Clients through the Platform.
The Client, who has entered their personal data for the use of the Service, benefits from a right of access, rectification and deletion, a right of opposition, a right to limit the processing, a right to the portability of their data, as well as the right to define guidelines relating to the fate of their data after their death. To exercise these rights, they may write to: firstname.lastname@example.org
Article 9. Suspension/Closure of a Client’s Account
In the event of abnormal activity on the part of a Client on the Platform (such as scrapping, use of a robot, data extraction, etc.) which is detected by PAPER CLUB on the basis of serious and consistent evidence that said Client is suspected of fraud, PAPER CLUB reserves the right to suspend and/or terminate the Client’s account. In this case, the Client will receive an email from PAPER CLUB informing them of the closure of their Client Account.
Article 10. Intellectual Property Rights
With the exception of the elements belonging to the Publisher, all intellectual property rights (such as copyright, trademark rights, database producers’ rights) relating to both the structure and the contents of the Platform, particularly logos, trademarks, graphic elements, text, visuals, tools, software, documents, data, etc. (hereinafter referred to as “IPR”) are the property of PAPER CLUB.
These IPR are made available to the Clients, free of charge, for the sole purpose of using the Service and in the context of normal use of its functionalities. Clients undertake never to modify the IPR.
The Client does not become the owner or licensee of the intellectual property rights to the Articles.
Any use of the IPR that is not expressly authorised shall result in a violation of copyright and shall constitute an infringement, and may also result in a violation of the rights of third parties, both of which may give rise to civil and/or criminal liability on the part of the author.
It is forbidden to copy, modify, or attempt to find the source code of the software on the Platform.
The Publisher guarantees to hold all rights (particularly intellectual property rights) or to have obtained all necessary authorisations for the publication of its elements.
Article 11. Proof
In order to facilitate their exchanges, the Client accepts that PAPER CLUB’s computer systems and files shall serve as proof between them unless the Client provides evidence to the contrary of at least equal value.
Consequently, the computer files and registers stored in the computer systems operated by PAPER CLUB or on its behalf under reasonable conditions of security and reliability may be validly used and produced as proof of the execution of these GTCs and, more generally, of any event, communication, or relationship between the parties in connection with the use of the Service by the Client.
Thus, PAPER CLUB may validly produce, in the context of any proceedings, for the purposes of proof of any act, fact or omission, the data, files, programmes, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on any digital or analogue media, and take advantage of them, except in the case of obvious error.
Article 12. Invalidity
In the event that any of the provisions of these GTC are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
Article 13. Applicable Law. Settlement of Disputes. Mediation
These GTC are subject to French law. Each use of the Service is subject to the GTC in effect on the day of use.
Customers are invited to contact the customer service department for any complaint relating to the Service offered by PAPER CLUB: email@example.com
In the event that no amicable solution is found, the French courts shall have jurisdiction.
Last updated on 21/04/2021