General Conditions of Use - Services www.PAYPERNEWS.fr and www.PRINTNEWSPAPER.com
of PAYPERNEWS, SAS whose head office is in France, Paris 9th arrondissement, hereinafter referred to as the 'Company', with regard to the partner whose application has been selected and accepted by PAYPERNEWS according to these Terms and Conditions of Use, hereinafter referred to as the 'Partner' and the 'Customer'. The Company, the Partner, and the Customer are hereinafter referred to separately or together as the 'Party' or the 'Parties'.
0. Definitions
In these Terms of Use:
'Company' refers to the service used to print and/or mail newspapers, accessible from https://www.paypernews.fr and https://www.printnewspaper.com.
'Customer' refers to an individual or professional who prints on their behalf or on behalf of third parties newspapers using the services offered by the Company.
'File' refers to the PDF version of a newspaper, created by the Customer.
'Newspaper' or 'Product' refers to the printed File, shipped to the Customer.
'Order' refers to the information provided by the Customer to print their File.
'Account' refers to a secure and dedicated space that gathers all information provided by the Customer.
1. Preamble
The Company offers the Customer the service of printing and shipping newspapers to one or multiple locations.
The Company's services are available from the URLs http://www.paypernews.fr and https://www.printnewspaper.com.
2. Object
These Terms of Use govern the conditions under which the Company allows the Customer to access the Company's services.
3. Prerequisites for Access to PAYPERNEWS Services
The Customer undertakes to carefully read these General Conditions of Sale and accept them before proceeding to the payment of an Order placed on the Site. By confirming an Order and making payment, the Customer acknowledges having read, understood, and accepted the General Conditions without limitation or condition.
By confirming an Order and making payment to confirm said Order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
4. Description of PAYPERNEWS Services
Once logged into their account, the Customer can:
i) Transfer Files to their Account and provide delivery addresses,
ii) Pay for their Order,
iii) Track the status of their Orders.
5. Enhanced Commitments of the Partner
The Customer is not authorized to use the services of the Company for illegal purposes, particularly:
- Any proprietary data belonging to a third party, including trademarks and data protected by copyright (other than those owned by the Customer);
- Any misleading, defamatory, obscene, racist, or hateful content;
- Any content aimed at harassing a third party or compromising their privacy;
- Any content inciting crime, suicide, discrimination, hatred, or violence for reasons of racial, ethnic, or national difference;
- Any content likely to harm minors or undermine human dignity.
The Company declines any responsibility if a Newspaper contravenes any of the elements mentioned in Article 5.
5.1 Orders
The Company undertakes to present on the Site the essential characteristics of the Services and the Product that will be produced, as well as the mandatory information that the Customer must receive under applicable law.
The Company offers devices allowing the Customer to obtain free samples and, under certain conditions, a voucher for their own newspaper. Additionally, the Company provides an exhaustive Graphic Guide detailing best practices for preparing the File. The Customer acknowledges having read these resources.
The Customer acknowledges that the Company prints the File without altering or modifying its content and is responsible for the Files transmitted. Consequently, the Company declines all responsibility if the Order does not meet the Customer's expectations due to the File or the absence of a sample order. This includes issues related to paper choice, color intensity, color accuracy, fold offset within the tolerances indicated in the Documentation, crop marks, legal printer mentions, halftone effects, and light jet missing.
The Customer acknowledges that the Company will not make any changes to the addresses provided. The Customer is responsible for the content and quality of the addresses provided. The Company declines all responsibility in the event of an error in the shipping address of an Order.
The delivery times indicated when placing the Order are given for information only and are not guaranteed. Consequently, any delay in the provision of the products cannot give rise to any claim for damages, penalties, or cancellation of the order by the Customer.
The Company cannot be held responsible for delays beyond its control.
It is the Customer's responsibility to check the Products delivered upon receipt.
In the event of missing, damaged, or non-compliant Products, the Recipient must immediately inform the Customer. The Customer must then contact the Company and provide any justification regarding the defects observed, with the Company reserving the right to proceed, directly or indirectly, with any observation and verification on site. The return of non-compliant Products is subject to the prior acceptance of the Company.
6. Commitments of the Company
Throughout the use of the Company's services by the Customer, the Company will strive to maintain the services operational and accessible without excessive delay or difficulty. The Company cannot be held responsible for any material or immaterial damage, direct or indirect, resulting from the operation of its services except in cases of gross negligence in the execution of its obligations.
7. Financial Conditions
The Customer guarantees to the Company that they are fully authorized to use the payment card for the payment of their Order and that these means of payment legally give access to sufficient funds to cover all the costs resulting from their Order on the Site.
Invoices are payable by the Customer, net and without discount. The execution of the Order is contingent upon payment.
A fixed compensation of €40 is due to the creditor for recovery costs in case of any delay in payment.
The Customer must reside in Metropolitan France or in the areas indicated in the registration form.
The Company reserves the right to modify its prices at any time.
The Customer may request a refund of their Order in the following case:
- Newspapers have not yet been printed, and the Customer wishes to retract.
The Company remains the owner of the Newspapers until their complete payment by the Customer. If the Customer is subject to receivership or judicial liquidation, the Company reserves the right to claim the unpaid Products within the framework of the collective proceedings.
8. Evolution of the Services
In order to continuously improve the services offered to the Customer, the Company reserves the right to make any changes without prior notice.
9. Closing the Account
The Customer may terminate the use of the PAYPERNEWS service(s) and close their account at any time and without notice by emailing hello@printnewspaper.com.
The account may also be closed at any time by the Company via email, without any damage or direct or indirect, material or immaterial interest resulting to the Company.
10. Confidentiality
The Customer acknowledges that acceptance of these General Conditions grants them access to the Company's services, which required significant investments from the Company.
From the creation of their account and for an indefinite period, the Customer undertakes not to disclose to any third party, in any form whatsoever, without the prior written authorization of the Company, any confidential information, documents, or elements related to the Company to which they may have access in connection with the use of the Company's services. This includes strategic information related to the Company's commercial, advertising, and financial policies, as well as information related to IT and technological applications provided by the Company.
11. General
11.1. Intellectual Property Rights
The Company remains the sole owner of all intellectual and/or industrial property rights in its trademarks, logos, texts, images, software, scripts, and any content or service provided during its relationship with the Partner. No assignment or grant of intellectual and/or industrial property rights results from these Terms. The Partner undertakes not to infringe these rights directly or indirectly.
11.2 Responsibilities
The Company is bound by an obligation of means in the implementation of its services with the Partner and the Customer.
The Company cannot be held liable for any specific problems related to the content, colorimetry, pagination, or size of the Newspapers, as well as any other anomalies related to the PDF file provided by the Customer.
The Customer guarantees the Company against any action or complaint issued by a third party related to the content of its Newspapers, not attributable to the Company.
The Customer declares to be the owner of the Files uploaded to the platform and the content exploited in the Newspapers made available on PAYPERNEWS. The Customer undertakes to ensure the accuracy of the information relating to its Newspapers, particularly ISSN and CPPAP.
Any claim to be taken into consideration must be made in writing within fifteen days after the execution by registered letter with acknowledgment of receipt.
Any action for damages cannot, by express agreement, result in charging the Company compensation greater than the amount of its service excluding taxes, postage, or distribution costs. The economic consequences linked to the downgrading of the preparation levels of the items delivered to the Post Office cannot be accepted.
Any dispute concerning the assumption of charges by the Post Office or any other carrier must be the subject of a contradictory statement on the day of filing, otherwise the Post Office recognizes the probative quality of the deposit.
Products and goods travel at the expense and risk of the Customer.
The Company will be released from all liability in case of force majeure or for any other reason beyond its control. Events or incidents beyond its control, such as floods, energy failures, fires, transport blockages, telecommunications blockages, labor shortages, scarcity or discontinuation of standard equipment, and legal or regulatory changes affecting the goods or services provided, will be considered force majeure. By express agreement, a total or partial strike of the Company's employees is considered force majeure.
If the effects of force majeure last for more than one month, either Party has the right to terminate the order delayed or prevented by such force majeure.
11.3 Personal Data
All PAYPERNEWS services have been declared to the CNIL and received the registration number: 1922947.
Content you upload to the PAYPERNEWS website will be considered non-confidential and non-proprietary. You retain your ownership rights in your content, but you grant us a limited license to use, photograph, and copy that content so we can provide our products to you.
In accordance with Law No. 78-17 of January 6, 1978, as amended, known as the Data Protection Act, the personal data collected during registration on the PAYPERNEWS website is necessary for processing the registration application. They are intended for PAYPERNEWS, which is responsible for processing. The Partner has the right to access, rectify, and oppose the processing of personal data by writing to the Company's 'personal data' service at hello@printnewspaper.com.
11.4 Modification of the Terms of Use
The Company reserves the right to modify its General Conditions of Use at any time, particularly in the event of regulatory changes. The new provisions will govern the future relationship between the Partners and the Company, and only the new version will prevail. Such modifications will be brought to the attention of the Partners. Any use of PAYPERNEWS services after the modifications take effect will constitute acceptance of the modified General Conditions.
11.5 Nullity
In the event that one of the provisions of these General Conditions of Use is deemed void by virtue of a legal or regulatory provision or a court decision with the authority of res judicata, this provision will be considered unwritten, while all other provisions remain binding.
11.6 Applicable law
These Terms of Use shall be governed by French law.
12.7 Litigation and Jurisdiction
In the event of a dispute, the Parties agree to seek an amicable solution before resorting to the competent courts. The courts of Paris shall have exclusive jurisdiction.