Terms of sale
These terms govern paid ReplyTop subscriptions. They supplement the terms of use, which apply to every account.
1. The seller
The seller is Axel Leparmentier, a sole trader (entrepreneur individuel, EI) trading as ReplyTop — SIRET 101 550 812 00016, 15 allée de l'île, 92140 Clamart, France, support@replytop.com.
“Customer” means the business that takes out a subscription; “Service” means the service described in the terms of use.
2. Scope and acceptance
Subscriptions are sold to businesses only, for their trade: consumer law does not apply.
The Customer accepts these terms by ticking the box provided before paying; the accepted version is recorded with its order. They prevail over any document of the Customer, unless otherwise agreed in writing.
3. Plans and prices
The plans, their features, their limits and their prices are those shown on the Pricing page on the day of the order; the summary displayed before payment is authoritative.
Prices are in euros, or in US dollars for customers located in the United States. ReplyTop is exempt from VAT under the French small-business scheme: VAT not applicable, article 293 B of the French General Tax Code, and the price shown is the price paid. Any taxes due in the Customer's country are payable by the Customer.
ReplyTop may change its prices. A new price only applies to a current subscription at its renewal, after notice by email at least thirty (30) days in advance; the Customer may cancel before that date.
4. Ordering
Orders are placed online, in four steps:
- the Customer chooses a plan and its billing period, monthly or annual;
- it gives the name to appear on its invoices;
- in Stripe's payment form, it enters its card and billing address, checks the summary, corrects any field if needed, accepts these terms and confirms;
- the order is concluded when the payment is accepted; a confirmation email and the invoice are sent to the Customer.
The order is placed in the language chosen on the website. ReplyTop and Stripe keep a record of it; the Customer can find its invoices in its account.
5. Payment and invoices
The price is payable in advance, at the time of the order and then at each renewal, by bank card, charged automatically by Stripe, a licensed payment provider. ReplyTop never has access to card numbers.
An invoice is issued for each payment and sent by email. No discount is granted for early payment.
6. Failed and late payment
If a charge fails, Stripe retries it several times and the Customer is notified by email. In the meantime, paid features are suspended and the account works as on the free plan; they come back as soon as the payment goes through.
If the payment still fails after these attempts, the subscription may be cancelled, without prejudice to the amounts due.
Any amount unpaid when due automatically bears, without reminder, late-payment penalties at three times the French statutory interest rate, plus a fixed recovery fee of forty (40) euros (articles L441-10 and D441-5 of the French Commercial Code).
7. Term, renewal and change of plan
The subscription is monthly or annual. It renews automatically for the same period, at the price then in force (article 3), until the Customer cancels it.
The Customer may change plan at any time from its account. The change takes effect immediately; the price difference, prorated for the time remaining, appears on the next invoice.
8. Cancellation
The Customer may cancel its subscription at any time from its account or by email. Cancellation takes effect at the end of the period paid for: the Customer keeps its features until that date, then its account returns to the free plan. It may undo the cancellation until that date.
A period that has started, monthly or annual, is not refunded: the annual subscription is paid in advance for one year, at the reduced price that is its counterpart.
Deleting the account (terms of use, article 12) ends the subscription on the day it takes effect, without a refund of the current period.
If ReplyTop discontinues the Service or a paid plan, or terminates a subscription through no fault of the Customer, it refunds the part of the paid period that remains.
9. No right of withdrawal
The Customer acts for business purposes: the right of withdrawal provided by the French Consumer Code does not apply. The free plan, with no time limit, lets the Customer try the Service before paying.
10. Reply quotas
Each plan includes a number of generated replies per month and per establishment, shown on the Pricing page. Every generation counts, regeneration included; publishing does not. The counter resets every month, on the anniversary date of the subscription.
Once the quota is reached, ReplyTop writes no more replies until the reset; the Customer may move to a higher plan. No overage is ever charged.
11. Liability and force majeure
Articles 9 to 11 of the terms of use (availability, data, liability) apply to subscriptions.
Neither party is liable for a failure caused by force majeure (article 1218 of the French Civil Code). If the impediment lasts more than thirty (30) days, either party may cancel the subscription by email; ReplyTop then refunds the unused paid period.
12. Governing law and disputes
These terms are governed by French law. Articles 13 and 14 of the terms of use (changes, evidence, language) apply. The parties first seek an amicable solution, in writing to support@replytop.com.
Failing agreement within thirty (30) days, and where the Customer is a trader (commerçant), the courts of Nanterre, France, have exclusive jurisdiction, including for interim relief and where there are several defendants. In all other cases, the ordinary rules of jurisdiction apply.
13. Contact
For any question about your subscription or your invoices:
- By email: support@replytop.com
- Through the form on our contact page.