Last updated: March 30, 2022
These terms of service can be downloaded at the following address:
Social Media Gang (the Seller or SMG) offers communication and marketing services for legal entities (private or public law), marketed through its website (https://smg-agency.co) . The list and description of the services offered by SMG can be consulted on the aforementioned site.
Article 1 – Purpose
These terms of service govern the contractual relationship between SMG and the buyer and the conditions applicable to any purchase made through the site https://smg-agency.co, whether the buyer is a professional (legal entity) or an individual.
SMG reserves the right to be able to modify its conditions of sale at any time. In these cases, the applicable conditions will be those in force on the date of payment (or of the first payment in the event of multiple payments) of the order.
The purchase of a service or a product through this site implies unreserved acceptance by the buyer of these conditions of sale. SMG ensures that this acceptance is clear and unreserved by setting up a checkbox and a validation click.
The Customer declares to have read all of these General Terms of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2 – Price
The prices of our services or products are indicated in USD all taxes included (sales tax and other taxes applicable on the day of the order), unless otherwise indicated and include any processing and shipping costs.
All orders, whatever their origin, are payable in euros.
SMG reserves the right to modify its prices at any time for the future. In any case, the service or the product will be invoiced on the basis of the rate in force at the time of the validation of the order and subject to availability.
The IT costs necessary to access the Company’s websites are the responsibility of the Customer.
Article 3 – Orders
The order confirmation will constitute signature and acceptance of the operations carried out. A summary of the order information and the link to these terms will be displayed to the user during the ordering process.
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if necessary of its options and indication of the Customer’s essential data (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Follow-up of instructions for payment, and payment of the order. ➢ Delivery of products or services. The Customer will then receive confirmation by e-mail of payment for the order, and/or an acknowledgment of receipt of the order confirming it.
For the purposes of proper execution of the order, and in accordance with article 1316-1 of the French Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4 – Products and services – Availability
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s website. The customer certifies having read the details of the costs, the terms of payment and the execution of the contract (these details are present on the page of the site dedicated to each service and recalled in the order form).
The services are offered as long as they are visible on the page https://smg-agency.co. In the event of the unavailability of a service or product after placing the order, SMG will inform the buyer by email. The order will be automatically canceled and its refund will be made within 7 working days; outside bank deadlines.
Furthermore, in some cases, and as indicated on the pages dedicated to the sale of the services concerned, it may be that their use is possible within a limited period of time. The buyer is reminded that he must pay attention to this period of validity for the use of the service concerned. After this period of validity, the service will be considered as having been used by the buyer, whether or not he has contacted SMG in order to set it up.
SMG undertakes to honor the Customer’s order. Failing this, it informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to confirmation during the validation of the order.
The period of validity of the offers as well as their prices are specified on the Company’s website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services.
Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address and the identification information provided).
Article 5 – Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by credit card.
Secure online payment by credit card is made by our payment providers Stripe, PayPal or via the ThriveCart platform. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes SMG to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 6 – Withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of fourteen clear days from the date of the order to exercise his right of withdrawal without having to justify reasons or to pay penalties. If the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
The right of withdrawal can be exercised by contacting the Company before the expiry of the aforementioned period and by email at the address: hello [at] smg-agency.co
The request must clearly show the will to withdraw.
In the event of exercise of the right of withdrawal, SMG shall reimburse the Buyer for all sums paid minus third party processing fees, as soon as possible and at the latest within fourteen days following the date on which this right was exercised, excluding bank delays.
As an exception and in accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to:
- the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the buyer and express waiver of his right of withdrawal.
- the supply of products or services according to the buyer’s specifications or clearly personalized.
- the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
- the supply of digital content not supplied on a material medium, the execution of which has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.
Article 7 – Complaints
All complaints, requests for product exchange or reimbursement must be made by emailing hello [at] smg-agency.co or registered letter with acknowledgment of receipt within 30 days from the date of the order to the following address: SMG Agency – 10, Rue du Colisée – 75008 Paris.
Complaints will be treated in a personalized way and it is reminded that the fact of filing a complaint does not necessarily lead to reimbursement.
The provisions of this article do not prevent the buyer from benefiting from the right of withdrawal provided for in article 6.
Article 8 – Liability
SMG, in the online sales process, is only bound by an obligation of means.
Furthermore, it is recalled that the services offered by SMG are also subject to an obligation of means due to the nature of these services.
Similarly, it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 9 – Intellectual Property
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of SMG or the collaborators it uses for their construction / implementation / creation / design. No transfer of intellectual property rights is made through these general conditions of sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 10 – Personal data
The collection and processing of personal data concerning customers allows SMG to execute its contracts, improve and personalize its services and honor its legal obligations (including tax).
The information collected during the conclusion of the orders may be kept for the purposes of proof in compliance with legal and regulatory obligations (payment, litigation, after-sales service).
This information will be used for order processing, return management, customer relations, marketing management.
By adhering to these general conditions of sale, the Customer consents to SMG collecting and using this data for the performance of this contract. By entering his email address on one of the sites in our network, the Customer will notably receive emails containing information and promotional offers concerning SMG products. The customer may unsubscribe at any time either by clicking on the link at the end of our emails or by contacting the data controller at hello [at] smg-agency.co.
SMG tracks traffic on all of its sites. For this, the company uses tools such as, such as SendInBlue, Google Analytics and Facebook Pixel.
In addition, in accordance with the Data Protection Act of January 6, 1978 and the European Regulation on the protection of personal data of May 25, 2018, the Customer has a right to information, access, rectification, right to erasure (right to be “forgotten”), a right to limit processing, a right to data portability, a right to oppose the processing of data concerning him and to rights relating to automated individual decision-making and profiling. The Client may exercise his rights by mail to: hello [at] smg-agency.co or by postal mail addressed to: SMG Agency – 10, Rue du Colisée – 75008 Paris. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature and specify the address to which the answer must be sent. A response will then be sent to him within one month of receipt of the request.
SMG may then ask the customer for specific information in order to confirm his identity and ensure the right of access to personal data (or to exercise any other right). This is a security measure to ensure that this personal data is not issued to a person who is not authorized to receive it. SMG may also contact the Client in order to obtain more information concerning his request and to provide a rapid response.
SMG undertakes not to transfer or sell any personal information concerning the Client to third parties or to use this information for purposes not intended.
In addition, SMG’s personal data processing policy applicable to all of its products and sites can be viewed at the following address: https://smg-agency.co/prv
Article 11 – Force majeure
The performance of the seller’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. In these cases, SMG will notify the customer of the occurrence of such an event as soon as possible.
Article 12 – Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. parts.
Article 13 – Archiving and proof
SMG will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code.
SMG’s computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 14 – Disputes
These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.