GENERAL TERMS AND CONDITIONS OF SALE – INTERNET

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all purchases of the following services:
- Handwriting Recognition

as offered by the Service Provider to non-professional clients (“The Clients or the Client”) on the website www.pen2txt.com.
The main characteristics of the Services are presented on the website www.pen2txt.com.
The Client is required to read these before placing an order. The selection and purchase of a Service is the sole responsibility of the Client.

These GTC are accessible at any time on the website www.pen2txt.com and will prevail over any other document.
The Client declares to have acknowledged these GTC and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure of the website www.pen2txt.com.
Unless proven otherwise, the data recorded in the computer system of the Service Provider constitutes proof of all transactions concluded with the Client.

The contact details of the Service Provider are as follows:
BUTOR DE MONTIGNY, SASU
Share capital of 5000 euros
Registered at the RCS under the number 982611592

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the Client's expense and are the sole responsibility of the Client.

ARTICLE 2 - PRICES

The Services are provided at the current rates listed on the website www.pen2txt.com, at the time of the registration of the order by the Service Provider.
Prices are expressed in Euros, HT (excluding taxes) and TTC (including taxes).
The rates take into account any discounts that may be offered by the Service Provider on the website www.pen2txt.com.
These rates are firm and non-revisable during their period of validity, but the Service Provider reserves the right, outside the period of validity, to change prices at any time.
Prices do not include processing, shipping, transportation, and delivery costs, which are billed additionally, under the conditions indicated on the site 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 upon delivery of the ordered Services.

ARTICLE 3 - ORDERS

The Client is required to select on the website www.pen2txt.com the Services they wish to order, according to the following procedures:
The Client chooses a subscription corresponding to the number of monthly credits they will benefit from for the recognition of handwritten documents. 1 credit = 1 page.
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 www.pen2txt.com constitutes the formation of a contract concluded at a distance 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 exists a dispute regarding the payment of a previous order.
The Client can follow the progress of their order on the site.

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid by secure payment method, according to the following modalities:
- payment by credit card
The price is payable in full by the Client, on the day of placing the order.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider intervening for banking transactions carried out on the website www.pen2txt.com.

Payments made by the Client will only be considered final after the Service Provider has effectively received the amounts due.
The Service Provider will not be obliged 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 modalities:
The client must provide a readable image file. We are not responsible for errors due to handwriting that is illegible to our system.
The said Services will be provided within a maximum period of Immediate 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 www.pen2txt.com.
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 above-specified deadlines.

If the Services ordered have not been provided within a period of 7 days after the indicative date of provision, for any cause other than force majeure or the fact of the Client, the sale of the Services may be resolved at the written request of the Client 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 denunciation of the contract, excluding any compensation or retention.
In the case of a specific request from the Client concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to a subsequent specific additional invoice.

In the absence of reservations or claims expressly issued by the Client upon receipt of the Services, they will be deemed to conform to the order, in quantity and quality.
The Client will have a period of 1 month from the provision of the Services to issue complaints by Mail to contact@pen2txt.com, with all the relevant justifications, to the Service Provider.
No claim can 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 whose lack of conformity has been duly proved by the Client.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Given the nature of the Services provided, orders placed by the Client do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Client according to the modalities specified in these GTC.

ARTICLE 7 - LIABILITY OF THE SERVICE PROVIDER - GUARANTEES

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, arising from a design or execution defect of the Services ordered under the conditions and according to the following modalities:
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
"The seller is obliged to deliver a product in conformity with the contract and is liable for any lack of conformity existing upon delivery. He is also liable for any lack of conformity caused by the packaging, the assembly instructions, or the installation if he was responsible for it or had it carried out under his responsibility."
Article L217-

5 of the Consumer Code
"The product is in conformity with the contract:
1° If it is fit for the purpose usually associated with such a product and, if applicable:
- if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of 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 a lack of conformity is time-barred after two years from the delivery of the product."

Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial warranty that was granted to him at the time of the acquisition or the repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

To assert his 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, rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 7 days following the Service Provider's observation of the defect or vice. This refund can be made by bank transfer or check.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid by the Client.
The Service Provider cannot be considered responsible or failing for any delay or non-execution following the occurrence of a force majeure event usually recognized by French jurisprudence.
The Services provided through the website of the Service Provider comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the Services requested, 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 execution and delivery, as well as their transmission to third parties involved in the realization of the Services. These personal data are collected solely for the execution of the service contract.

8.1 Collection of personal data

The personal data collected on the site www.pen2txt.com includes:
Account Opening
When creating a Client / user account:
First and last names, postal address, phone number, and email address.
Payment
As part of the payment for the Services offered on the site www.pen2txt.com, it records financial data relating to the Client / user's bank account or credit card.

8.2 Recipients of personal data

The personal data are intended for the exclusive use of the Service Provider and its employees.
The data controller is the Service Provider, as defined by the Data Protection Act and, as of May 25, 2018, by Regulation 2016/679 on the protection of personal data.

8.4 Processing limitation

Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will retain the collected data for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

8.6 Security and confidentiality

The Service Provider implements organizational, technical, software, and physical digital security measures 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 Clients and users' rights

Under the regulations applicable to personal data, Clients and users of the site www.pen2txt.com have the following rights:
- They can update or delete their data as follows:
Account deletion in the client account.
- 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 are inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Data Controller".
- They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller".
- They can also request the portability of data held by the Service Provider to another provider.
- Finally, they can object to the processing of their data by the Service Provider.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.
The Data Controller must respond within a maximum period of one month.

In case of refusal to comply with the Client's request, the refusal must be justified.
The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.
The Client may be asked to check a box whereby they agree to receive informational and advertising emails from the Service Provider. They will always have the option to withdraw their consent 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 site www.pen2txt.com is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 10 - APPLICABLE LAW - LANGUAGE

These GTC and the operations arising from them are governed and subject to French law.
These GTC are written first in French. They are translated into one or more foreign languages, but only the French text shall prevail in the event of a dispute.

ARTICLE 11 - DISPUTES

For any complaints, 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 can in any case resort to conventional mediation, with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.

The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded under these GTC and which have not been amicably settled between the seller or by mediation, will be submitted to the competent courts under common law conditions.