ARTICLE 1 – Scope of application
These General Conditions of Sale (so-called “GTC”) apply, without restriction or reservation, to any purchase of the following services :
Search engine creation monitoring service as offered by the Provider to professional customers (“Customers or the Customer”) on the site https://www.linkcm.uk
The main characteristics of the Services are presented on the website linkcm.uk .
The Customer is required to read it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the site https://www.linkcm.uk / and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure of the site http://linkcm.us/
Unless proven otherwise, the data recorded in the Provider’s computer system constitute proof of all transactions concluded with the Customer.
The contact details of the Service Provider are as follows :
Share capital of 5000 euros
Registered at the RCS of Chalon, under the number 90520645400019
71100 Chalon on Saone
email : email@example.com
phone : +33 7 84 98 45 35
Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne and are the sole responsibility of the Customer.
ARTICLE 2 – Price
The Services are provided at the current rates listed on the site https://www.linkcm.uk /, when the order is registered by the Service Provider.
The prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts that would be granted by the Service Provider on the site http://linkcm.us/
These prices are firm and cannot be revised during their validity period but the Service Provider reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and handed over to the Customer when the ordered Services are provided.
ARTICLE 3 – Orders
It is up to the Customer to select on the site https://www.linkcm.uk / the Services he wishes to order, according to the following modalities :
The customer chooses his level of service, which he puts in his shopping cart.
The customer may delete or modify before validating his order and accepting these conditions..
The sale will be considered valid only after full payment of the price. It is up to the Customer to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site linkcm.uk constitutes the formation of a distance contract concluded between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Placing an order on the site linkcm.uk implies the conclusion of a contract for a minimum period of The customer will have the option of terminating the contract 1 month before the end of this period. renewable for the same period by tacit renewal.
Under the terms of article L 215 -1 of the Consumer Code, reproduced below :
“For contracts for the provision of services concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by registered letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent 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.
Advances made after the last renewal date or, in the case of indefinite-term contracts, after the date of transformation of the initial fixed-term contract, are in this case refunded within thirty days from the date of termination, minus the amounts corresponding, up to this date, to the execution of the contract. The provisions of this Article apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information. »
Article L215-2 of the Consumer Code excludes the application of Art L215-1 to operators of drinking water and sanitation services, conversely article L215-3 of the Consumer Code, provides that these rules are applicable to contracts concluded between professionals and non-professionals.
Article L241-3 of the sanctions the professional who would not have proceeded to the reimbursements under the conditions provided for in article L 215-1 of the Consumer Code”
ARTICLE 4 – Payment terms
The price is paid by secure payment, according to the following methods :
– payment by credit card
The price is payable in cash by the Customer, in full on the day of placing the order.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved for banking transactions carried out on the site linkcm.uk .
The payments made by the Customer will only be considered final after the actual collection of the sums due, by the Service Provider.
The Service Provider will not be obliged to proceed with the provision of the Services ordered by the Customer 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 Customer will be provided according to the following modalities :
– LinkCM facilitates the linking between users by proposing a linking platform system. We do not control the exchanges taking place between Users and Companies (agency, community manager or influencer). Consequently, we do not define and we are not responsible for the price, the quality, the confidentiality clauses, the transfer of intellectual property, the compliance, if necessary.
We cannot and do not control the ability of Users to make payment for the service. We are not responsible for transactions and / or contacts, or the results of these transactions and / or contacts made between Registered Users without going through the site linkcm.uk .
Said Services will be provided within a maximum period, depending on the subscription taken by the customer from the final validation of the Customer’s order, under the conditions provided for in these GTC at the address indicated by the Customer when ordering on the site linkcm.uk .
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.
If the ordered Services have not been provided within 3 working days after the indicative date of supply, for any reason other than force majeure or the fact of the Customer, the sale of the Services may be resolved at the written request of the Customer 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 Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a particular request from the Customer concerning the conditions for the provision of Services, duly accepted in writing by the Service Provider, the costs related thereto will be the subject of a specific additional invoicing later.
In the absence of reservations or complaints expressly issued by the Customer upon receipt of the Services, they will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of 3 days from the provision of the Services to issue complaints by email, with all the related supporting documents, to the Service Provider.
No claim can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 – Right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer according to the terms specified in these GTC.
ARTICLE 7 – Responsibility of the Service Provider – Guarantees
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a design or production defect of the ordered Services under the following conditions and according to the following modalities :
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is obliged to deliver a good that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract :
1 ° If it is suitable for the use usually expected of a similar good and, if necessary :
if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model ;
if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular 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 attention of the seller 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 requests from the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Service Provider, in writing (email or mail), of the existence of defects or lack of conformity.
The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 30 days following the discovery by the Service Provider of the defect or vice. This refund can be made by bank transfer or bank check.
The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer.
The Service Provider cannot be considered responsible or liable for any delay or non-performance following the occurrence of a case of force majeure usually recognized by French jurisprudence.
The Services provided through the site https://www.linkcm.uk / of the Service Provider comply with the regulations in force in France. The 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 Customer, who is solely responsible for the choice of the requested Services, to verify.
ARTICLE 8 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of Services and their realization and delivery, entrusted to the Service Provider. These personal data are collected only for the execution of the contract for the provision of services.
8.1 Collection of personal data
The personal data that are collected on the site linkcm.uk are the following :
When creating the Customer / user account :
First and last names, postal address, telephone number and e-mail address.
As part of the payment of the Services offered on the site linkcm.uk , it records financial data relating to the Customer / user’s bank account or credit card.
8.2 Recipients of personal data
The personal data are reserved for the sole use of the Service Provider and its employees.
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.
8.3 limitation of processing
Unless the Customer expresses his express consent, his personal data are not used for advertising or marketing purposes.
8.4 Data retention period
The Service Provider will keep the data collected in this way for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
8.5 Security and Confidentiality
The Service Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.6 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the site linkcm.uk have the following rights :
They can update or delete the data that concerns them in the following ways :
The customer can delete his account by accessing his customer interface.
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 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 applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
They can also request the portability of the data held by the Service Provider to another service provider
Finally, they can object to the processing of their data by the 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 E-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Customer’s request, he must be motivated.
The Customer is informed that in case of refusal, he can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer to a judicial authority.
The Customer may be invited to check a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility to withdraw his 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 linkcm.uk 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 is likely to constitute an infringement offense.
ARTICLE 10 – Applicable law – Language
These GTC and the operations resulting therefrom are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will 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 Customer is also informed that he can also use the Online Dispute Resolution Platform (ODR):https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded pursuant to these GTC and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.