TERMS AND CONDITIONS

General conditions of sale of products online to particular consumers


Preamble

These terms and conditions of sale apply to all sales concluded on the Memory Space Corporation website.

The website https://www.memoryspacecorporation.com is a service of:

Memory Space Corporation
66 Avenue des Champs Élysées,

75008 Paris, France

Site URL: https://www.memoryspacecorporation.com

e-mail: support at memoryspacecorporation dot com

The Memory Space Corporation website sells for sale only the following products: Data storage space.

The customer declares that he has read and accepted the general conditions of sale prior to the placing of his order. The validation of the order therefore means acceptance of the general conditions of sale.



Article 1 - Principles

These general conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in store or through other distribution and marketing channels.

They are available on the Memory Space Corporation website and will take precedence, if necessary, over any other version or any other contradictory document.

The Seller and the Buyer agree that these Terms and Conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies have their head office in France.

These general conditions of sale are valid until 31 January 2021.


Article 2 - Content

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the Memory Space Corporation website.

These terms and conditions apply only to purchases made on the Memory Space Corporation website.

These purchases concern the following products: Data storage space.


Article 3 - Pre-contractual Information

The buyer acknowledges that he has been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the Consumer Code.

The following information shall be transmitted to the purchaser in a clear and understandable manner:

  • the essential characteristics
    the price of the goods and/or the method of calculating the price;
  • where appropriate, any additional costs of transport, delivery or postage and any other costs payable;
  • in the absence of immediate performance of the contract, the date or period by which the seller undertakes to deliver the goods, whatever their price;
  • information on the identity of the seller, his postal, telephone and electronic contact details and his activities, information on legal guarantees, the functionalities of digital content and, where appropriate, his interoperability, the existence and manner of implementation of guarantees and other contractual conditions.

Article 4 - The order

The purchaser has the possibility to place his order online, from the online catalogue and using the form contained therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or the ordered goods.

In order for the order to be validated, the buyer must accept, by clicking on the indicated place, the present general conditions. He will also have to choose the address and delivery method, and finally validate the payment method.

The sale will be considered final:

- after sending the buyer confirmation of acceptance of the order by the seller by e-mail; - and after receipt by the seller of the whole price.

Any order means acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of any exchange and the guarantees mentioned below.

In certain cases, such as failure to pay, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

If you have any questions regarding order tracking, the buyer can email to the seller at support at protonmail.com.


Article 5 - Electronic signature

The online supply of the buyer’s credit card number and the final validation of the order will serve as proof of the buyer’s agreement:

- due date of the amounts due under the purchase order;
- signature and express acceptance of all transactions performed.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is established, to contact the seller by email.


Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by electronic mail.


Article 7 - Proof of the transaction

Computerized records, kept in the seller’s computer systems under reasonable security conditions, shall be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.


Article 8 - Product Information

The products governed by these General Conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

Products are described and presented as accurately as possible. However, if errors or omissions may have occurred with respect to this presentation, the seller’s liability could not be incurred.

Photographs of products are not contractual.


Article 9 - Price

The seller reserves the right to change his prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability at that date.

Prices are quoted in euros. They do not take into account the delivery costs, which are charged as an additional charge and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically passed on to the price of the products of the online shop.

If one or more taxes or contributions, in particular environmental taxes, were to be created or changed, either up or down, this change could be reflected in the selling price of the products.


Article 10 - Method of payment

This is an order with a payment obligation, which means that the placing of the order implies a payment from the buyer.

To settle his order, the buyer has, at his choice, all the methods of payment made available to him by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The seller reserves the right to suspend all order management


Article 11 - Product Availability - Reimbursement - Resolution

Except in case of force majeure or during the periods of closure of the online shop which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping deadlines run from the date of registration of the order indicated on the mail of confirmation of the order.

For deliveries in Metropolitan France and Corsica, the deadline is Immediat from the day following that when the buyer placed his order, according to the following modalities: Internet. No later than 30 working days after the conclusion of the contract.

For deliveries in the DOM-TOM or another country, the delivery arrangements will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or time limit, the buyer shall, before breaking the contract, instruct the seller to perform the contract within a reasonable period of additional time.

If no performance is achieved by the end of this new period, the buyer may freely terminate the contract.

The purchaser must carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract will be deemed to be resolved upon receipt by the seller of the letter or the written notice informing him of this resolution, unless the professional has executed himself in the meantime.

The purchaser may, however, immediately terminate the contract if the dates or deadlines referred to above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is obliged to reimburse the buyer for all the sums paid, at the latest within 14 days of the date on which the contract was denounced.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The purchaser will then have the option of requesting either a refund of the amounts paid within 14 days at the latest of their payment, or the exchange of the product.


Article 12 - Delivery arrangements

Delivery means the transfer of physical possession or control of the property to the consumer. The ordered products are delivered according to the terms and time specified above.

The products are delivered to the address indicated by the purchaser on the purchase order, the purchaser must ensure its accuracy. Any package returned to the seller due to an incorrect or

incomplete delivery address will be forwarded at the buyer’s expense. The purchaser may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.

If the buyer is absent on the day of delivery, the delivery person will leave a pass notice in the mailbox, which will allow the parcel to be removed at the indicated place and time.

If, at the time of delivery, the original packaging is damaged, torn, opened, the purchaser must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it is open or damaged).

The buyer must indicate on the delivery note and in the form of hand-written reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged packages, broken products...).

This verification shall be deemed to be carried out when the buyer, or a person authorised by him, has signed the delivery order.

The purchaser must then confirm these reservations by registered mail to the carrier at the latest within two working days of receipt of the article or articles and send a copy of this letter by fax or simple mail to the seller at the address indicated in the entries legal site.

If the products require to be returned to the seller, they must be the subject of a return request from the seller within 14 days after delivery. Any claim made outside this period cannot be accepted. The return of the product can be accepted only for the products in their original state (packaging, accessories, instructions...).


Article 13 - Delivery errors

The buyer must formulate with the seller on the same day of the delivery or at the latest on the first working day following the delivery, any claim of error of delivery and/or of not-conformity of the products in kind or quality with the information given on the order form. Any claim made after this period will be rejected.

The claim can be made, at the choice of the buyer:

- by e-mail at support at memoryspacecorporation dot com.

Any claim not made in accordance with the rules defined above and within the prescribed time limits cannot be taken into account and will relieve the seller of any responsibility towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product may only take place after the exchange number has been assigned.

In case of delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Recommended Colissimo, at the following address: see above.

The seller shall bear the costs of return.


Article 14 - Product Guarantee

14-1 Legal Guarantee of Compliance

The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq of the consumer code.

In case of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from the delivery of the property to act;
- the purchaser may choose between repairing or replacing the property, subject to the cost conditions laid down in Article L. 217-17 of the Consumer Code;
- the purchaser does not have to prove the non-compliance of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the issue of the goods.

14-2 Legal guarantee of hidden defects

In accordance with Articles 1641 et seq., of the Civil Code, the seller is responsible for any hidden defects that may affect the property sold. It shall be for the buyer to prove that the defects existed in the sale of the goods and are such as to render the goods unfit for their intended use. This guarantee must be implemented within two years of the discovery of the defect.

The buyer may choose between the resolution of the sale or a price reduction in accordance with Article 1644 of the Civil Code.


Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any article that does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain with the purchaser.

Returns must be made in their original state and complete (packaging, accessories, instructions...) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not included.

The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately

communicated to the buyer. Any other form of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased shall be refunded and the delivery costs shall be refunded.

The cost of return shall be borne by the purchaser.

The exchange (subject to availability) or refund will be made within , and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods the price of which depends on fluctuations in the financial market beyond the professional’s control and which may occur during the withdrawal period;

- the supply of goods made up according to the consumer’s specifications or clearly personalized;

- the supply of goods likely to deteriorate or perish rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
- maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
-the supply of digital content not provided on a material medium whose execution began with the express prior agreement of the consumer and express renunciation of his right of withdrawal.


Article 16 - Force majeure

Any circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions shall be considered as grounds for relief from the obligations of the Parties and shall entail 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 parties' control and which cannot be prevented by them, despite all reasonable efforts, shall be considered as cases of force majeure. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutting down 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 performance of the contract will be pursued. If the case of force majeure has a duration of more than three months, the present general conditions may be terminated by the injured party.


Article 17 - Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights in this content.

The purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.


Article 18 - Informatics and Freedoms

The personal data provided by the purchaser are necessary for the processing of his order and the drawing up of invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.

The treatment of the information communicated through the Memory Space Corporation website has been the subject of a declaration to the CNIL.

The purchaser has a right of permanent access, modification, rectification and opposition to the information concerning him. This right may be exercised under the terms and conditions set out on the Memory Space Corporation website.


Article 19 - Partial Non-validation

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


Article 20 - Non-renunciation

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 21 - Title

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


Article 22 - Language of the contract

These general conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.


Article 23 - Mediation and Dispute Resolution

The purchaser may use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution (for example, conciliation) in case of dispute. The names, contact details and e-mail address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online Dispute Resolution platform, facilitating the independent settlement of on-line disputes between consumers and professionals in the European Union by out-of-court means. This platform is available at https://webgate.ec.europa.eu/odr/.


Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for both substantive and formal rules. In the event of a dispute or claim, the purchaser shall, as a matter of priority, approach the seller to obtain an amicable solution.


Article 25 - Protection of personal data

Data collected

The personal data collected on this site are the following:

- account opening: when the user’s account is created, his or her last name; first name; email address; telephone number; Date and country of birth - Country of residence

- connection: during the user’s connection to the website, the user records, in particular, his last name, first name, login, usage, location and payment data;
- profile: The use of the services provided on the website allows to enter a profile, which may include an address and a telephone number;

- payment: as part of the payment of products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user’s communications are subject to temporary retention;
- cookies: cookies are used in connection with the use of the site. The user has the possibility to disable cookies from the settings of his browser.


Use of personal data

The purpose of the personal data collected from users is to make the website services available, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

- user access and use of the website;
- operation management and optimization of the website;
- organization of the terms and conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offer the user the possibility to communicate with other users of the website;
- implementation of user assistance;
- customize services by displaying ads based on the user’s browsing history, according to the user’s preferences;
- Prevention and detection of fraud, malware (malware or malware) and security incident management;
- management of any disputes with users;
- Send commercial and advertising information based on user preferences.


Sharing personal data with third parties

Personal data may be shared with third parties 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 contracts;
- when the user publishes publicly available information in the free comment areas of the website;

– when the user authorises the website of a third party to access its data; 

- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to the user’s 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 regulations on the protection of personal data;

if required by law, the website may transmit data in response to complaints against the website and comply with administrative and judicial procedures;

if the website is involved in a merger, acquisition, sale of assets or legal recovery proceedings, it may have to dispose of 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 organisational, technical, software and physical measures for digital security to protect personal data against unauthorized alterations, destruction and 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

According to the regulations applicable to personal data, users have the following rights, which they can exercise by making their request at msandco at protonmail.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 is inaccurate, they can request the update of the information.

the right to delete data: users may request the deletion of their personal data in accordance with applicable data protection laws.

the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR.

the right to object to the processing of data: users may object to its data being processed in accordance with the assumptions laid down by the GDPR.

the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.


Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If an amendment is made to this clause protecting personal data, the

website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum of 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 possibility to delete his account.


Appendix:

Withdrawal form

(to be completed by the consumer,
and to be sent by recommended letter with acknowledgement of receipt,
within the maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form

To the attention of:
Memory Space Corporation
66 avenue des Champs Elysée
lot 41
750008 Paris
email address: support at memoryspace.com

I hereby notify you of my retraction of the contract relating to....................., ordered the: ..................

First and last name of the consumer: .............. Consumer address: ..............

Date: ...............

Signature of the consumer

Appendix:


Consumer Code

Article L. 217-4: “The seller delivers goods in accordance with the contract and meets any defects of conformity existing at the time of delivery.

It shall also be liable for defects in conformity resulting from packaging, installation instructions or installation where the latter has been placed at its expense by the contract or has been carried out under its responsibility.”

Article L. 217-5: “The property is in accordance with the contract:
1) If it is suitable for the usual use of similar property and, where applicable:

- it corresponds to the description given by the seller and possesses the qualities which he presented to the buyer in the form of a sample or model;
- whether it presents the qualities which a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the seller.”

Article L. 217-6: “The seller shall not be bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them”.

Article L. 217-7: “Non-conformities which appear within 24 months of the issue of the property are presumed to exist at the time of issue unless proof to the contrary is provided. The seller may challenge this presumption if it is inconsistent with the nature of the property or the alleged non- compliance.”

Article L. 217-8: “The purchaser is entitled to require that the property comply with the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials it supplied itself.”

Article L. 217-9: “In the event of non-compliance, the purchaser shall choose between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other arrangement, taking into account the value of the property or the extent of the default. It is then obliged to proceed, unless it is impossible, according to the modality not chosen by the buyer.”

Article L. 217-10: “If the repair and replacement of the property is impossible, the purchaser may return the property and have the price returned to him or herself or keep the property and be returned part of the price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s claim; 2° Or if this solution cannot be implemented without major inconvenience to him-given the nature of the property and its intended use. However, the sale resolution cannot be pronounced if the non-compliance is minor.”

Article L. 217-11: The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the purchaser. The same provisions shall not preclude the award of damages.

Article L. 217-12: “An action resulting from a failure to comply shall be prescribed within two years of the issue of the property.”

Article L. 217-13: "the provisions of this Section do not deprive the purchaser of the right to exercise the action resulting from serious defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature which is recognized to him by the law."

Article L. 217-14: "The action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.

Article L. 217-15: "Commercial security means any contractual obligation of a trader to the consumer to reimburse the purchase price, replacement or repair of the good or the provision of any other service in connection with the good, in addition to its legal obligations to ensure the conformity of the property.
The commercial guarantee shall be the subject of a written contract, a copy of which shall be given to the buyer.

The contract shall specify the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor.
In addition, it shall state clearly and precisely that, irrespective of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217- 12 and by that relating to defects in the item sold, in accordance with Articles 1641 to 1648 and 2232 of the Civil Code.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
If these provisions are not complied with, the guarantee remains valid. The buyer is entitled to rely on it."

Article L. 217-16: “When the buyer requires the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, to restore the goods covered by the guarantee, any period of downtime of at least seven days shall be added to the remaining period of the guarantee.

This period shall run from the purchaser’s request for intervention or the provision for repair of the property in question, if such provision is made after the request for intervention.”

Civil Code

Article 1641 shall read: “The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce it so much that the buyer would not have acquired it, or would have given it only a lesser price, if he had known it.”

Article 1648: “The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be relieved of apparent defects or defects of conformity».


Copyright 2020 - Memory Space Corporation

Copyright 2020 - Memory Space Corporation 

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