1. Seller identification
The BackToMe service is marketed by BTM BACKTOME, a SASU with share capital of €1,000, having its registered office at 17 rue Jean Philippe Rameau, 70400 Héricourt, registered with the RCS Vesoul under number 990 637 233, intra-community VAT number FR06990637233.
Contact email: contact@backtome.fr.
2. Scope
These Terms of Sale (hereinafter the "Terms of Sale") apply to any subscription to the paid Live mode of the BackToMe service (hereinafter the "Service").
The Service is exclusively for professionals within the meaning of the preliminary article of the French Consumer Code. By subscribing, the Client represents and warrants that it is acting for purposes within the scope of its commercial, industrial, craft, professional or agricultural activity, in accordance with article 1.1 of the Terms of Use. Any subscription made by a consumer or a non-professional is made in disregard of these Terms; the consequences are addressed in article 9.
The Demo mode of the Service is free of charge and is not governed by these Terms of Sale. Its use is governed by the Terms of Use.
Validation of the subscription constitutes full and unreserved acceptance of these Terms of Sale. No specific condition of the Client may prevail over these Terms, except with the express written agreement of BTM BACKTOME.
3. Description of the Service
Live mode of the Service includes:
- access to the dashboard and to all configuration features;
- integration of the withdrawal widget on one or more websites;
- collection, time-stamped archival and retention of withdrawal requests received;
- automatic sending of acknowledgments of receipt on a durable medium to consumers;
- email notification of the Client for each request received.
Live mode confers on withdrawal requests their full enforceable legal value, in accordance with article L.221-21 of the French Consumer Code.
4. Pricing
Prices are expressed in euros, excluding taxes. French VAT at the rate of 20% applies to clients established in France and in the European Union (except in cases of reverse charge for taxable professional clients outside France).
| Plan | Price excl. VAT | Price incl. VAT |
|---|---|---|
| Monthly — per activated site | €25.00 / month | €30.00 / month |
| Annual — per activated site (2 months free) | €250.00 / year | €300.00 / year |
The total amount invoiced equals the unit price multiplied by the number of sites in Live mode on the account. The addition or removal of a site during a period is calculated on a pro rata basis on the following billing cycle.
BackToMe reserves the right to modify its prices at any time. New prices apply only to subscriptions or renewals subsequent to their publication. Ongoing subscriptions retain their initial price until their next renewal.
5. Subscription terms
Subscription to Live mode is made from the online dashboard, after creation of an account. The process comprises the following steps:
- selection of the sites to activate in Live mode;
- choice of plan (monthly or annual);
- entry of payment details via the secure Stripe solution;
- confirmation of the subscription;
- immediate activation of Live mode on the selected sites;
- receipt of a confirmation email constituting acceptance of these Terms of Sale.
Before final validation, the Client is invited to verify the details of its subscription, the total amount, and to expressly accept these Terms of Sale.
6. Payment
6.1. Payment terms
Payment is made exclusively by credit card via the provider Stripe(Stripe Payments Europe Ltd, licensed as an electronic money institution in Ireland). No credit card information is stored on BackToMe's servers.
The charge is made:
- on the day of subscription for the first cycle;
- on each monthly or annual renewal date for subsequent cycles, until termination by the Client.
Invoices are made available in the Stripe billing portal accessible from the BackToMe dashboard.
6.2. Payment deadline, late-payment penalties and lump-sum recovery indemnity
In accordance with article L.441-10 of the French Commercial Code, and given the nature of the Service (subscription payable in advance by automatic charge):
- Payment deadline — the Service is invoiced in advance and payable in cash on the date of subscription and on each renewal date, exclusively by credit card. No payment delay is granted.
- Late-payment penalties — in the event of payment failure (charge failure not regularized within fifteen (15) days from the first reminder), late-payment penalties shall automatically apply from the day following the due date, at a rate equal to three (3) times the legal interest rate in force, without any prior formal notice being required.
- Lump-sum indemnity for recovery costs — in addition to the late-payment penalties, a lump-sum indemnity of forty euros (€40) shall be due by operation of law for each unpaid invoice, in accordance with articles L.441-10 II and D.441-5 of the French Commercial Code. Where the actual recovery costs exceed this lump-sum amount, BackToMe may claim additional compensation on justification.
- Early-payment discount — no discount is granted for early payment.
7. Term and renewal
The subscription is concluded for a term of one (1) month or one (1) year, depending on the chosen plan. It renews automatically and by tacit agreement on each renewal date for an equivalent term, unless terminated by the Client under the conditions of article 8 below.
As a matter of good commercial practice, and although the provisions of article L.215-1 of the French Consumer Code are not applicable to this contract (article 2), the annual Client is informed by email at least fifteen (15) days before the renewal date of the option not to renew its subscription.
8. Termination
8.1. Termination by the Client
The Client may terminate its subscription at any time and free of charge from the Stripe billing portal or from its BackToMe dashboard. Termination takes effect at the end of the current billing period; the service remains accessible until that date.
No pro rata refund is owed in the event of termination during a period, except in the cases provided for in article 9 below (right of withdrawal).
8.2. Termination by BackToMe
BackToMe may terminate the subscription with thirty (30) days' notice given by email, without having to justify any particular reason. In the event of a serious breach by the Client of the Terms of Use or these Terms of Sale, termination may occur without notice. In all cases, unused amounts are refunded on a pro rata basis.
8.3. Treatment of data after termination
The sites concerned automatically revert to Demo mode at the end of the paid period. Withdrawal requests collected before termination remain accessible in the dashboard for 90 days, then are kept in internal archive for the legal retention period (5 years from their submission, in accordance with article L.110-4 of the French Commercial Code). Beyond that, they are permanently deleted.
The Client may at any time export its withdrawal requests in CSV format from its dashboard, and is invited to do so before any termination.
9. Right of withdrawal
Since the Service is exclusively for professionals (article 2 above), the provisions of the French Consumer Code relating to the right of withdrawal for distance contracts (articles L.221-18 et seq.) do not apply. The professional Client therefore has no right of withdrawal under this contract.
In accordance with article L.221-3 of the French Consumer Code, this exclusion also applies to professionals with a workforce of five (5) employees or fewer, since the subject matter of this contract — equipping a merchant site to manage consumer withdrawal requests — necessarily falls within the scope of their main activity.
9.1. Safety-net clause (consumer qualification by court decision)
If, by way of exception and in disregard of the declaration made by the Client upon subscription (article 2), a court were to qualify the contract entered into as a contract concluded with a consumer or a non-professional, the Client would then be deemed to have, from the time of subscription:
- given its express and prior consent to the immediate performance of the Service before the end of the fourteen (14)-day withdrawal period provided for in article L.221-18 of the French Consumer Code;
- expressly waived its right of withdrawal, in accordance with article L.221-28 13° of the French Consumer Code, which excludes such right for the supply of digital content not provided on a tangible medium where performance has begun after the consumer's express prior agreement.
The activation of Live mode and immediate access to all features of the Service from the time of subscription constitute effective and immediate performance within the meaning of the aforementioned article L.221-28 13°.
10. Suspension for non-payment
In the event of a failed charge, Stripe makes several automatic retries. If payment cannot be recovered within fifteen (15) days, BackToMe reserves the right to suspend Live mode of the Service until regularization. The Client is informed by email before any suspension.
11. Warranty and service levels
BackToMe undertakes to provide the Service with the diligence of an attentive professional. No quantified availability guarantee (SLA) is contractually provided beyond these Terms; however, BackToMe targets availability greater than 99% over the year.
In the event of unavailability of the Service exceeding forty-eight (48) consecutive hours directly attributable to BackToMe, the Client may request a credit on a pro rata basis for the days of interruption, on simple request to contact@backtome.fr.
12. Liability
BackToMe acts as a technical service provider and supplies a tool intended to facilitate the Client's compliance with its obligations regarding the right of withdrawal. The overall compliance of the Client's website (pre-contractual disclosures, actual processing of refunds, etc.) remains the sole responsibility of the Client.
In any event, the total amount of indemnities that may be due by BackToMe under contractual liability shall not exceed the total amount paid by the Client during the twelve (12) months preceding the event giving rise to the damage.
Indirect damages, such as loss of revenue, loss of business, loss of clientele or harm to brand image, are excluded from any indemnification.
13. Force majeure
Neither party may be held liable for any failure to perform its obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code (in particular: general strike, major network outage, large-scale cyber-attack, administrative decision).
14. Personal data
The processing of personal data is governed by our privacy policy, compliant with Regulation (EU) 2016/679 (GDPR). For data collected via the widget (consumer withdrawal requests), BackToMe acts as a processor for the Client, which is the controller.
This processing relationship is formalized by the Data Processing Agreement (DPA), compliant with article 28 of the GDPR, set out in Part IV of the privacy policy and constituting an addendum to these Terms of Sale. Acceptance of these Terms entails acceptance of the DPA, without further formality.
15. Modification of the Terms of Sale
BackToMe reserves the right to modify these Terms of Sale at any time. Clients are informed of any substantial modification by email at least thirty (30) days before its entry into force. A Client who does not accept the new terms may terminate its subscription free of charge before that date.
16. Complaints
Any complaint must be addressed in writing to contact@backtome.fr. A response will be provided within a reasonable time, not exceeding thirty (30) days.
The parties undertake to seek an amicable solution prior to any contentious action. Failing agreement within thirty (30) days from the first written complaint, the dispute may be brought before the competent court in accordance with article 17.
17. Governing law and jurisdiction
These Terms of Sale are governed by French law. Failing amicable settlement, any dispute relating to their formation, interpretation, performance or termination shall fall within the exclusive jurisdiction of the courts of the registered office of BTM BACKTOME (Vesoul), including in cases of summary proceedings, third-party claims or multiple defendants, and notwithstanding any contrary jurisdiction clause in the Client's terms.