GENERAL TERMS AND CONDITIONS

Site update 01/25/2023

Postumo Terms and Conditions of Sale and Use

1. About us

POSTUMO, SAS, with capital of 10,000 euros, headquartered at PERTUIS (84120) Avenue Pierre AUGIER - 6 les Passiflores. Registered with the AVIGNON Trade and Companies Register under number 883 605 172, represented by Mr Julien RIDON (hereinafter the "Company"). The Company offers the following services: Personalized support for beneficiaries in the administrative procedures following a death - Editing and printing of personalized letters.

2. Preamble

The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "T&C").

The T&C apply to all Services provided by the Company to Customers in the same category, regardless of any clauses that may be included in the Customer's documents, in particular its general terms and conditions of purchase.

The T&C are systematically communicated to the customer on request.

The Customer is obliged to read the T&C before placing any Order on the Site.

In the event of subsequent modification of the T&C, the Customer is subject to the version in force at the time of his Order.

The data recorded in the Company's computer system constitutes proof of the transactions concluded with the Customer.

3. Definitions

"Customer" means any natural person who places an Order on this Internet Site;
"Order" means any order placed by the User registered on this Site, with a view to benefiting from the Company's Services;
"General Terms and Conditions of Sale and Use" or "T&C" refers to these general terms and conditions of online sale and use;
"Consumer" means the purchaser, a natural person who is not acting for professional purposes and/or outside his professional activity;
"Insured" means a natural person who has signed up for the assistance service offered under a "funeral insurance contract". By signing a membership form with an Insurer Partner that includes the Company's service offering.
"Beneficiary" means any person who is entitled to receive the benefits associated with the "funeral insurance contract" that the Insured had previously taken out with the Insuring Partner.
"Professional" refers to the buyer, whether a legal entity or an individual acting in the course of his or her professional activity;
"Partner" means the legal entity acting within the scope of its professional activity and which is bound to the Company by a partnership agreement ;
"Service Offer" means the service offered by the Company, subscribed to by an Insured, through a "funeral insurance contract" offered by an Insurer Partner. According to the terms and conditions set out in the contractual documentation of the said contract offered within the framework of a partnership;
"Services" refers to all services offered to Users by the Company through this Site;
"Site" means this Site, i.e. www.postumo.fr ;
"Company" means Société Postumo, more fully described in Article I hereof;
"User" means any person using the Site.

4. Registration

Registration on the Site is open to all natural persons of full legal age and capacity.

Site registration is not open to legal entities.

The use of the Services offered on the Site is subject to the User's registration on the Site.

To register, the User must complete all mandatory fields, without which the service cannot be delivered. Otherwise, registration cannot be completed.

Users guarantee and declare on their honour that all information communicated on the Site, in particular when registering, is accurate and true. They undertake to update their personal information on the page dedicated to such information and available in their account.

All registered Users have a login and password. These are strictly personal and confidential, and may under no circumstances be communicated to third parties, failing which the registered User's account will be deleted. Each registered User is personally responsible for maintaining the confidentiality of their login and password. The Company shall under no circumstances be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the latter can take the necessary measures to rectify the situation.

Each User may only have one account on the Site.

In the event of non-compliance with the T&C, in particular the creation of several accounts for a single person or the provision of false information. The Company reserves the right to temporarily or permanently delete all accounts created by the offending Registered User.

Deletion of the account entails the permanent loss of all benefits and services acquired on the Site.

However, any Orders placed and invoiced by the Site prior to account deletion will be processed under normal conditions.

In the event of deletion of an account by the Company for breach of the duties and obligations set out in the T&C. It is formally forbidden for the offending User to re-register on the Site directly, via another e-mail address or through an intermediary without the express authorization of the Company.

5. Services and prices

The Services covered by the T&C are those listed on the Site and offered directly by the Company.

The Services are described on the corresponding page of the Site, and all their essential characteristics are mentioned. The Company cannot be held responsible for the impossibility of carrying out the said service when the User is not eligible.

5.1 Services and prices for Orders placed directly on the Site

When a registered User wishes to obtain a service sold by the Company through the Site. The price indicated on the page of the service corresponds to the price in euros including all taxes (ATI) and takes into account applicable discounts in force on the day of the Order. The price indicated does not include ancillary costs, which will be indicated where applicable in the summary before placing the Order.

The Company reserves the right to modify its prices at any time. It undertakes to invoice services at the rate applicable at the time they are ordered. For services for which the price cannot be known a priori nor indicated with certainty, a detailed quotation will be sent to the Customer.

Under no circumstances may a User demand the application of discounts that are no longer in effect on the date of the Order.

5.2 Service and price of the Service Offering included in an Obsèques contract

When a registered Beneficiary wishes to obtain a service offered by the Company, through the Site, following the death of an Insured who has previously subscribed to a "funeral insurance contract" with a Partner Insurer, Access is gained directly by entering the membership number in the partner code. The price of the Service Offering is included in the contributions linked to the "funeral insurance contract" previously taken out by the Insured.

The Beneficiary has access to carry out the Service Offering only in relation to the Insured of the said contract, in accordance with the contractual documentation provided by the Insurer Partner.

6. Access to the Order or Service Offer

Any Order or Service Offering may be carried out once the User or Beneficiary has registered on the Site. Registration is free of charge.

6.1 Order access

The User can add Services to his virtual basket when he is logged into his account. He can access the summary of his virtual basket in order to confirm the Services he wishes to order and place his Order by pressing the "Start order" button.

The customer must then enter his address and a valid method of payment in order to finalize the order and effectively formalize the sales contract between him and the Company.

The registration of an Order on the Site is completed when the Customer accepts the T&C by ticking the appropriate box and validating the Order. This validation constitutes proof of the sales contract. Completion of the Order implies acceptance of the prices and terms and conditions of service as indicated on the Site.

Once the Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will summarize the Order and the information relating to the provision of the service(s).

In the event of non-payment, incorrect Customer address or any other problem with the Customer's account, the Company reserves the right to block the Customer's Order until the problem has been resolved. In the event that the service cannot be provided, the Customer will be informed by e-mail to the address provided to the Company. In this case, the Order for this service will be cancelled and reimbursed, with the remainder of the Order remaining firm and definitive.

6.2 Access to the Service Offer

Access to the Service Offering on www.postumo.fr is reserved for the Beneficiary, who is of legal age and not subject to legal protection measures, of an Insured who has previously taken out a "funeral insurance contract" with a Partner Insurer.

Once connected to the Site, the Beneficiary can, after creating an account, access the Company's services.

Strong authentication is used to secure the Beneficiary's access to the Service Offering by entering his/her email address and telephone number, followed by the membership number of the "funeral insurance contract" previously taken out by the Insured in the Partner Code box.

Once validation has been completed, the Beneficiary will receive a confirmation code by e-mail. This code must be entered in the Validation Code box to secure access to the Service Offer.

The account is registered when the Customer accepts the present T&C by checking the appropriate box and validating. This validation constitutes proof of connection to the Service Offer.

The Beneficiary can then start the process by pressing the "Start a process" button.

In the event of an erroneous e-mail address on the part of the Beneficiary or any other problem with the Beneficiary's account, the Company reserves the right to block access to the Service Offer until the problem has been resolved.

The Company undertakes to use all human and material resources to enable the Beneficiary to access the Service Offering.

7. Payment terms and conditions

Unless otherwise stipulated, all sales are payable in cash at the time the Order is placed.

Depending on the nature or amount of the Order. The Company remains free to require a deposit or payment of the full price at the time of placing the Order or upon receipt of the invoice.

Payment by the Consumer Customer may be made by credit card.

Payment by the Professional Customer may be made by bank transfer.

In the event of total or partial non-payment of services by the date agreed on the invoice. The Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation, plus 10 percentage points. The financing operation selected is the most recent at the date of the Service order.

In addition to late payment penalties, any sum, including the deposit, not paid by the due date, will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.

In the event of total or partial non-payment of services by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty equal to the legal interest rate.

No compensation may be made by the Customer between penalties for delay in the supply of services ordered and sums owed by the Customer to the Company for the purchase of Services offered on the Site.

The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount of the remaining sum due, inclusive of all taxes, and runs from the due date of the price without the need for any prior formal notice.

In the event of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.

7.1 Payment terms and conditions - Provisions relating to Insurer Partners

With the exception of the exclusions of cover linked to the contractual documentation of the "funeral insurance contract" taken out by the Insured with the Insurer Partner, access to the Company's Service Offer by a Beneficiary does not require any additional payment.

However, in the event that the Insuring Partner excludes the Insured from the coverage defined in the contractual documentation of the "funeral insurance contract", the Beneficiary may access the Company's Service Offer under the conditions described in articles 5.1 Service provision and price of the Order placed directly on the Site and 7. Payment terms and conditions.

8. Performance of the Services of the Order placed directly on the Site

The services ordered on the Site will be provided by Postumo.

The Company undertakes to use all its human and material resources to carry out the service within the deadlines announced when the Order was placed. However, the Company shall not be held liable for any delays in the performance of services caused by faults for which it is not responsible.

If the services have not been provided within the stipulated period, the Customer may request cancellation of the sale under the conditions set out in articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the Customer will be returned to him at the latest within fourteen days of the date of cancellation of the contract.

This provision does not apply when the Company's delay is due to a fault on the part of the Customer or to a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company's control.

In the event that the performance of a physical service cannot be carried out or has been postponed due to an error in the address indicated by the Customer, the travel expenses of the service provider appointed by the Company to carry out the unsuccessful service will be charged to the Customer.

8.1 Realization of the Service Offer included in an Obsèques insurance contract.

The Service Offering included in a "funeral insurance contract" taken out by the Insured with a Partner Insurer will be provided by the Company.

The Company undertakes to use all its human and material resources to carry out the service within the deadlines announced when the Order was placed. However, the Company cannot be held responsible for delays in the provision of services caused by faults for which it is not responsible, or when the Company's delay is due to a fault on the part of the Beneficiary, an error in the address given by the Beneficiary, late access to the Service Offering on the part of the Beneficiary, a failure or delay in the provision of information by the Insuring Partner, or a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company's control.

9. Claim

For all complaints, and in particular those relating to Orders or Service Offers, the Customer or Beneficiary must send by post a reasoned request, accompanied, where appropriate, by the following documents

to the following address

Postumo

Claims department

Avenue Pierre Augier

6 Lot. les Passiflores

84120 Pertuis

9.1 Order complaints

For all Orders placed on the Site, the Customer has a right of complaint of 15 days from the provision of the Service.

To exercise this right of complaint, the Customer must send a request in which he expresses his reservations and complaints, accompanied by the relevant supporting documents.

A claim that does not comply with the conditions described above cannot be accepted.

After examining the complaint, the Site may replace or reimburse the Service as soon as possible and at its own expense.

9.2 Service claims

To exercise this right of complaint, the Beneficiary must send a reasoned request in which he expresses his reservations and complaints, accompanied by the relevant supporting documents.

A claim that does not comply with the conditions described above cannot be accepted.

From the date of receipt of the claim, the claims department will send the claim within 15 working days,

- or a definitive answer,

- or an acknowledgement of receipt with a request for additional documents.

In the event of a request for additional documents, the final response will be given within 15 working days of receipt of the additional documents.

At the end of the claims procedure, if the disagreement persists, the beneficiary may refer the matter to the Company's mediator designated in article 20.

The latter can question any of the parties in dispute before issuing an answer, in complete independence.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 15 days from placing the Order, except for products mentioned in Article L221-28 of the Consumer Code as reproduced below:

"The right of withdrawal cannot be exercised for contracts :

Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
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;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire 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 delivery and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit 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;
Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction ;
Accommodation services, other than residential accommodation, transportation services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

"To exercise this right of withdrawal, the Consumer must make himself known to the company.

The customer will be reimbursed for all fees paid for the provision of services within 14 days of the Company becoming aware of the customer's declaration of withdrawal. Reimbursement will be made by the same means of payment used for purchase.

However, if the service has already begun when the Company becomes aware of the withdrawal, the value of the service already provided will be deducted from the refund.

This will be done by the same means of payment as for the purchase.

11. Processing of personal data

Registration on the Site entails the processing of the Customer's personal data. If the Customer does not agree to the processing of their data, they are requested to refrain from using the Site.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

Furthermore, in accordance with the French Data Protection Act of January 6, 1978. The customer has the right, at any time, to question, access, rectify, modify and object to all his personal data by writing, by post and proving his identity, to the following address: contact@postumo.fr

This personal data is required to process the Customer's Order and, where applicable, to issue invoices, as well as to improve the Site's functionalities.

12. Sharing collected data

The Site may use third-party companies to carry out certain operations. When browsing the Site, the

The Customer accepts that third-party companies may have access to their data in order to ensure the proper operation of the Site.

These third-party companies only have access to the data collected in order to carry out a specific task.

The Site remains responsible for processing this data.

In addition, the User may receive information or commercial offers from the Company or its partners.

The User may at any time object to receiving such commercial offers, by writing to the Company's address given above, or by clicking on the link provided for this purpose within the e-mails received.

In addition, customer information may be passed on to third parties without the customer's express prior consent for the following purposes:

Complying with the law
Protect all persons from serious injury or death
Fight against fraud or attacks on the Company or its users
Protect the Company's property rights.

13. Data protection

The Company ensures a level of security that is appropriate, likely and proportionate to the risks involved, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures in no way constitute a guarantee and do not commit the Company to any obligation of result with regard to data security.

14. Cookies

To enable Users to benefit from optimal browsing of the Site and improved operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie stores information relating to browsing on the Site, as well as any data entered by Users (notably searches, login, email, password).

The User expressly authorizes the Company to place a "cookie" file on the User's hard disk.

The User has the option of blocking, modifying the retention period, or deleting this cookie via his/her browser interface. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site. This malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

15. Modifications

The Company reserves the right to modify the Site, the services offered therein, the T&C as well as any delivery procedure or other element constituting the services provided by the Company via the Site.

When placing an Order, the User is subject to the stipulations set forth in the T&C in effect at the time the Order is placed.

16. Liability

The Company cannot be held responsible for the temporary or permanent unavailability of the Website, even though it makes every effort to ensure that the service is always available. The service may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.

As previously mentioned herein, the Company cannot be held responsible for delays in the provision of a service for reasons beyond its control. beyond its control, unforeseeable and irresistible, or for which it cannot be held responsible.

The company does not ask for any information about the resources or assets of the customer or beneficiary, nor can it be held responsible for the decision made by the customer or beneficiary. Only organizations, companies or government departments are able to validate or not the request of the Customer or Beneficiary. The Company recommends that its Customers or Beneficiaries seek the assistance of legally competent persons (Notary and Lawyer).

Customers and Beneficiaries may be put in contact with the Company's organizations or partners to carry out certain services that are complementary to the Services described on the Company's Site (e.g. will search, registered mail dispatch, home help, mail forwarding, etc.).

The Company cannot be held responsible for the decision that will be given to the outcome, the price linked to the external service, the delay or any other cause linked to the approach made by the Customer or Beneficiary to these organizations or partners.

17. Intellectual property

The trademark, logo and graphic charter of this Site are registered with the INPI and are works protected under intellectual property law, the property of which belongs exclusively to the Company. Any dissemination, use, representation or reproduction, whether partial or complete, without the express authorization of the aforementioned Company will expose the offender to civil and criminal prosecution.

18. Jurisdiction clause

The law governing the T&C is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.

The Customer or Beneficiary is hereby informed that he/she may have recourse to conventional mediation, with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) provided for in Article L534-7 of the French Consumer Code. Or with existing sector-specific mediation bodies. In the event of a dispute, the customer may also use any alternative dispute resolution method.

19. Pre-contractual information

Prior to placing an Order, the Customer acknowledges having been provided, in a legible and comprehensible manner, with the T&C and the information and details specified in Articles L111-1 and L111-7 of the French Consumer Code, and in particular :

The essential characteristics of the Services ;
The price of Services ;
The date or time by which the Company undertakes to provide the Service ;
Information relating to the identity of the Company (postal, telephone and electronic contact details);
Information on legal and contractual warranties and how to make use of them;
The possibility of resorting to conventional mediation in the event of a dispute ;
Information on the right of withdrawal (deadline, how to exercise).

Placing an Order on the Site implies acceptance of the T&C. The Customer may not rely on a contradictory document.

20. Mediator's contact details

AME Conso

11 place Dauphine

PARIS 75001

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