Article 1: Preamble
These General Terms and Conditions of Sale (GTC) apply exclusively between the company Desert-Lacay and any professional subscribing to a plan on the planisfaire.com website.
Exclusively professional clientele: These GTC are reserved for professionals (tradespeople, small and medium-sized businesses, self-employed individuals) acting in the course of their professional activity. By placing an order, the Customer acknowledges and warrants that they are acting as a professional, and not as a consumer within the meaning of consumer law.
These GTC may be subject to modifications. The applicable conditions are those in force on the planisfaire.com website at the date the order is placed.
By subscribing to a plan, the Customer acknowledges accepting without reservation all provisions set out in these GTC. Desert-Lacay in turn undertakes to fulfil its obligations under these same conditions.
Article 2: Ownership of the site, software and the « Planisfaire » trademark
The present website, the software and the « Planisfaire » trademark are the property of DESERT-LACAY — registered office: 502 chemin du moulin d'Etienne, 30600 Vauvert, France — RCS Nîmes: 909 445 140 — D-U-N-S: 261399394.
Desert-Lacay grants the Customer a limited, non-exclusive and non-transferable licence to use the Planisfaire software, strictly reserved for the Customer's internal professional use. This licence may not be assigned, sub-licensed or shared without prior written consent from Desert-Lacay.
Any reproduction, modification, decompilation, reverse engineering or attempt to extract the source code is strictly prohibited.
Article 3: Personal data
3.1 Personal data protection
Desert-Lacay complies with the General Data Protection Regulation (GDPR — EU 2016/679) and the French Data Protection Act of 6 January 1978 as amended. All personal data of the Customer are treated with the strictest confidentiality and are never disclosed to third parties, except under legal or judicial obligation.
3.2 Data portability
In accordance with Article 20 of the GDPR, Desert-Lacay provides the Customer with a means to retrieve their data before deletion: Excel exports available within the application and/or export via the API in JSON format. Upon termination of the subscription, Desert-Lacay undertakes to delete the Customer's data stored on its servers within a maximum of 30 days.
3.3 Customer logo and name
For promotional purposes, Desert-Lacay may display the brand (name and logo) of its Customers on its website. If the Customer objects to this use, Desert-Lacay undertakes to remove it upon simple request.
3.4 Use of cookies
The planisfaire.com website uses cookies for Google Analytics (audience measurement). The data generated by these cookies may be transmitted to and stored by Google on servers located outside the European Union. The Customer may disable these cookies via their browser settings.
3.5 Data collected by the application
In the course of using the Planisfaire application, the following data may be collected and processed:
3.6 Third-party services used
The application uses the following third-party services, each with their own privacy policy:
3.7 Local data storage
To enable offline functionality, certain business data is stored locally on the Customer's device. This data remains exclusively on the device and is never transmitted to third parties. It can be deleted at any time by uninstalling the application or clearing the browser cache.
3.8 Data retention
Data is retained for the duration of the active subscription. Upon termination, it is deleted from Desert-Lacay's servers within a maximum of 30 days.
3.9 Notifications
The application may send notifications for reminders scheduled by the Customer. These notifications require prior authorisation from the Customer and can be disabled at any time in the device settings.
3.10 Processing of the Customer's clients' data (GDPR Art. 28)
The Customer processes, via Planisfaire, personal data belonging to their own clients. In this context, Desert-Lacay acts as a data processor within the meaning of Article 28 of the GDPR, with the Customer remaining the data controller.
Desert-Lacay undertakes to: (i) process this data solely on documented instructions from the Customer; (ii) ensure its confidentiality; (iii) implement appropriate technical and organisational security measures; (iv) not engage any sub-processor without prior agreement from the Customer; (v) delete all such data upon termination of the contract.
3.11 Data breach
In the event of a personal data breach within the meaning of the GDPR, Desert-Lacay will notify the Customer within 72 hours of becoming aware of it, to enable the Customer to fulfil their own notification obligations to the relevant supervisory authority.
3.12 Contact — Personal data
For any request relating to personal data (access, rectification, deletion, portability), the Customer may contact Desert-Lacay via the contact form or by post: Desert-Lacay EI – Planisfaire, 502 chemin du moulin d'Etienne, 30600 Vauvert, France.
Desert-Lacay undertakes to respond within a maximum of 30 days. If the response is unsatisfactory, the Customer may lodge a complaint with the relevant data protection authority.
Article 4: Contract
4.1 Conditions for placing an order
Subscriptions offered on the Site are reserved exclusively for professionals with full legal capacity to contract. By placing an order, the Customer warrants that they are acting in the course of their professional activity and are duly authorised to bind their business.
When paying by card, the Customer warrants that they are fully authorised to use the card and that it provides access to sufficient funds to cover the order amount.
4.2 Order
After the order is validated, Desert-Lacay will send the Customer, within 72 working hours, a confirmation email along with the service access details.
4.3 Contract duration
The subscription is taken out for the period chosen at the time of the order (1, 3, 6 or 12 months).
4.4 Contract formation
Validation of the online order by the Customer constitutes an electronic signature and irrevocable acceptance of these GTC.
4.5 Renewal and termination
The subscription does not renew automatically. Upon expiry, access to the service is suspended until explicitly renewed. The Customer may terminate or not renew their subscription at any time without charge or notice, with access maintained until the end of the current period. No refund will be issued for a subscription period already begun, except as provided in Article 5.3.
4.6 Price changes
Desert-Lacay reserves the right to modify its prices. Any price change will be notified to the Customer by email at least 30 days before it takes effect. A Customer who refuses the new pricing may cancel their subscription without charge before the effective date.
Article 5: Product
5.1 Product description and information
The product offered by Desert-Lacay complies with current French legislation. A demonstration version is available free of charge for 15 days. In the event of a description error, the Customer is not automatically entitled to a refund of their subscription.
5.2 Documents generated by the application
The Planisfaire application enables the generation of legally regulated documents (invoices, credit notes, job sheets, etc.). These documents are customisable according to the Customer's activity. It is the Customer's responsibility to configure these documents in accordance with the regulations applicable to their activity and country (e.g. adding the mention 'VAT not applicable, Art. 293 B of the French Tax Code' for a micro-entrepreneur not subject to VAT in France). Desert-Lacay cannot be held liable for the omission of mandatory legal statements in documents generated by the Customer.
5.3 Service availability
Desert-Lacay undertakes to ensure service availability under normal operating conditions. In the event of prolonged unavailability not attributable to a force majeure event, Desert-Lacay will inform the Customer and may offer a pro-rata refund for the period of unavailability, to be processed within 30 days.
5.4 Force majeure
Desert-Lacay shall not be held liable for any delay or failure to perform its obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, including: natural disasters, fires, internet or electrical infrastructure failures, cyberattacks, government decisions or epidemics. Desert-Lacay will inform the Customer as soon as possible of the occurrence of such an event and its consequences on the performance of the contract.
Article 6: Pricing
6.1 Prices
Subscription prices are quoted in Euros exclusive of tax (VAT applicable at the current legal rate) and are valid as long as they appear on the planisfaire.com website.
6.2 Subscription terms
Pricing is offered as a 1, 3, 6 or 12-month subscription. The amount due corresponds to the total duration of the selected subscription with the chosen options.
6.3 Price variations
Prices may be subject to temporary promotional offers. Any lasting price change will be subject to prior notification in accordance with Article 4.6.
6.4 Pricing errors
All prices are given subject to obvious typographical errors. In the event of an error, Desert-Lacay will contact the Customer to inform them and will propose the corrected conditions. The Customer will be free to cancel their order without penalty if they refuse the corrected conditions.
Article 7: Payment
7.1 Payment terms
Payment is made by bank transfer or by credit card via the PayPal or Stripe platforms. Payment is due upon ordering.
7.2 Late payment
In accordance with applicable commercial law, any late payment will automatically incur, from the first day of delay: late payment interest at the European Central Bank reference rate plus 10 percentage points, as well as a fixed recovery fee of €40.
7.3 Invoice
Desert-Lacay undertakes to provide the Customer with an invoice, either by email or via an Internet link accessible from the customer account area.
7.4 Non-payment
Desert-Lacay reserves the right to suspend or terminate access to the service in the event of non-payment. Any Customer whose account has been suspended may not place a new order without prior agreement from Desert-Lacay. Desert-Lacay also reserves the right to refuse any order from a Customer with whom a payment dispute is ongoing.
Article 8: No right of withdrawal
The statutory right of withdrawal provided for consumers does not apply to contracts concluded between professionals in the course of their professional activity.
As a professional, the Customer acknowledges that they have no legal right of withdrawal. Given the free 15-day trial period offered prior to any paid subscription, the Customer is deemed to have fully evaluated the service before placing a firm order.
Article 9: Applicable law and liability
9.1 Applicable law
These GTC are governed by and construed in accordance with French law. Should any provision of the GTC be declared null and void or unenforceable by a court decision, the remaining provisions shall remain in full force.
9.2 Jurisdiction
In the event of a dispute relating to the performance or interpretation of these GTC, and failing amicable resolution within 30 days, the parties agree to submit the dispute to the exclusive jurisdiction of the Commercial Court of Nîmes (Tribunal de Commerce de Nîmes), including in cases of third-party claims or multiple defendants.
9.3 Limitation of liability
Desert-Lacay is solely liable for proven direct damages resulting from a fault on its part. Desert-Lacay expressly excludes all liability for indirect damages, including without limitation: loss of revenue, loss of profit, loss of data, loss of opportunity, damage to reputation or any other indirect economic loss, even if Desert-Lacay had been informed of the possibility of such damages.
In any event, Desert-Lacay's total liability under these GTC shall not exceed the amount of sums actually paid by the Customer during the 12 months preceding the event giving rise to the liability.
9.4 Professional mediation
In the event of a persistent dispute following an attempt at amicable resolution, the parties may resort to professional mediation. Mediation is optional and does not deprive either party of its right to bring legal proceedings.
Article 10: Ownership of Customer data
Data entered by the Customer in the Planisfaire application (customer records, jobs, quotes, invoices, etc.) remains the exclusive property of the Customer. Desert-Lacay acquires no rights over this data and uses it solely for the purposes of providing the contractually agreed service.
Desert-Lacay expressly undertakes not to exploit this data for commercial, advertising or statistical purposes without the Customer's prior written consent. This data will under no circumstances be sold, transferred or rented to third parties.
Article 11: Hosting
The planisfaire.com website and its data are hosted by OVH SAS — 2 rue Kellermann, 59100 Roubaix, France. Data is hosted in France, ensuring a level of protection compliant with the GDPR.
Article 12: Data protection
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978 as amended and the GDPR (EU 2016/679), the Customer has the right to access, rectify, object to, delete and obtain portability of their personal data.
To exercise these rights, the Customer may contact Desert-Lacay by post: Desert-Lacay EI — Planisfaire, 502 chemin du moulin d'Etienne, 30600 Vauvert, France, or via the contact form, providing proof of identity.