Terms of Use:
These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view our full terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read and fully accept our terms and conditions.
Definitions:
- Terms and Conditions: these terms of use for the service.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- Client: any natural person aged at least 16 years or any legal entity accessing the services and having entered into an agreement with SendAnonymousSms, or having received an offer or a quote from it.
- Agreement: the contract established between SendAnonymousSms and the Client regarding the use of the service.
- Parties: collectively refers to SendAnonymousSms and the Client.
- Product(s): all SMS services made available via the envoyersmsanonyme.fr website.
- SendAnonymousSms: a brand operated by the company SendAnonymousSms, whose registered office is located in Lille.
1. Information about the Operator (SendAnonymousSms)
- Company Name: SendAnonymousSms, a company registered in Lille.
- Email: For any questions, please contact us at [email protected].
2. Scope of the General Terms and Conditions
These General Terms and Conditions govern all present and future offers, commercial relationships, agreements, and legal interactions between SendAnonymousSMS and the Customer. The application of any of the Customer's own general terms and conditions is expressly excluded.
By accessing, using, downloading or publishing content through the services, the Customer acknowledges having read, understood, and agreed to these General Terms and Conditions.
3. Offer and Conclusion of the Contract
Unless explicitly stated otherwise, all offers from SendAnonymousSMS are non-binding. Any manifest error in an offer (including typographical errors) shall not be binding on SendAnonymousSMS. The contract is deemed to be concluded as soon as the Customer clicks on a confirmation button such as "Send" or "Continue" on one of the platform's websites.
4. Payment Terms
All displayed prices are expressed in euros and include Value Added Tax (VAT), as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided for in the contract or the offer issued by SendAnonymousSMS, payment must be made immediately after the conclusion of the contract. In all cases, payment must be made no later than five (5) calendar days following the conclusion of the contract.
The Customer may under no circumstances offset any claim they may have against SendAnonymousSMS with any claim SendAnonymousSMS may have against them, unless explicitly agreed in advance by SendAnonymousSMS.
In the event of late payment by a consumer Customer, and after a formal notice has remained unheeded for fourteen (14) days, late payment penalties will be applied in accordance with the provisions of Article L. 441-10 of the French Commercial Code. These penalties will be calculated based on a rate equivalent to three times the legal interest rate in force. Furthermore, a fixed recovery fee of 40 euros will be due from the business Customer, in accordance with Article D. 441-5 of the French Commercial Code, without prejudice to any additional costs incurred in recovering the debt.
If the Customer is acting in a professional capacity, extrajudicial collection costs shall be due by right from the first day of delay, and will amount to 15% of the principal amount owed, with a minimum of 40 euros.
5. Right of Withdrawal
In accordance with Article L. 221-28 of the French Consumer Code, the consumer Customer expressly acknowledges that the service provided by SendAnonymousSMS is a service fully performed before the end of the fourteen (14) day withdrawal period. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply under any circumstances to Customers acting in a professional capacity.
6. Rights, Obligations and Responsibilities of the Customer
The Customer warrants that they are at least sixteen (16) years of age at the time of accessing or using the service. When using the product, they must behave responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.
The Client agrees not to use the service to send messages or communications of an illegal nature to anonymous recipients or third parties. In particular, the Client is prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, or provocative messages, or from sending unsolicited messages for commercial, ideological, or charitable purposes (also known as SPAM). The Client is also prohibited from using the service for any illegal or criminal purposes.
The Client guarantees that the entry of data and the sending of messages via the service will not in any way infringe upon the rights of third parties, including intellectual property rights.
The Client is strictly prohibited from executing their own processes or programmes, or external processes, on the systems and products of SendAnonymousSms. The Client must also refrain from using software or any other means that could interfere with the provision of services to other users.
The Client undertakes to use the sender's address lawfully, taking care not to use telephone numbers that do not belong to them, fictitious names (including business names, first names, or surnames that are not the Client's own), as well as illegal terms or symbols.
The Client is under no circumstances authorised to enter, transmit, or store personal data (within the meaning of Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSms, with the exception of personal data necessary to ensure compliance with the commitment specified above.
Notwithstanding the commitments stipulated in this section, the Client retains full responsibility for the data entered into the Product and for the sending of messages and/or communications. SendAnonymousSms does not carry out any verification of the information entered or the messages transmitted.
Consequently, the Client remains legally responsible for all data entered and for all messages or communications sent.
The Client also agrees to indemnify SendAnonymousSms against any third-party claims (including, but not limited to, claims for damages, third-party compensation, and fines imposed by regulatory authorities) arising from their acts or omissions contrary to the obligations defined in this article.
In the event of the Client's failure to comply with any of their obligations mentioned above, the Client shall immediately pay SendAnonymousSms a penalty of EUR 5,000 per infringement, without the need for prior notice or proof of damage. This penalty is payable without prejudice to any other remedies available to SendAnonymousSms, including the right to claim further compensation.
Should the Client fail to comply with their contractual obligations, SendAnonymousSms reserves the right to suspend access to the services by blocking the IP address, bank account number, credit card number, and/or email address used by the Client to access the Product.
7. Rights, obligations, and responsibilities of SendAnonymousSms
SendAnonymousSms undertakes to perform the Contract with due diligence and in an appropriate manner.
The dates, times of availability, and delivery times provided by EnvoyerSmsAnonyme are only estimates and do not constitute firm commitments under any circumstances. This information cannot be considered as binding deadlines, unless expressly stated otherwise.
In the event of a malfunction related to the Internet connection or a hardware and/or software failure, EnvoyerSmsAnonyme will endeavour to resolve the issue as soon as possible, without being held liable for it. If this failure originates from a third party, EnvoyerSmsAnonyme cannot be held responsible for the duration or occurrence of the malfunction. In the event of a malfunction attributable to the Client, the restoration costs shall be borne by the Client.
EnvoyerSmsAnonyme also reserves the right to temporarily suspend its services for maintenance operations, without this suspension incurring any liability on its part.
Finally, EnvoyerSmsAnonyme does not guarantee under any circumstances that messages or communications sent via the Product will arrive at the recipient in the same form as they were sent, nor that they will be received at the scheduled time.
Consequently, EnvoyerSmsAnonyme disclaims all liability for the incorrect or late receipt of a message or communication.
8. Liability
The Products provided by EnvoyerSmsAnonyme are intended for use exclusively within the European Economic Area (EEA) and France. In the event of using one of the Products outside the EEA, the Client solely assumes the risks associated with such use. Consequently, EnvoyerSmsAnonyme disclaims all liability for the use of its Products outside the EEA.
In the event of a breach of its contractual obligations by EnvoyerSmsAnonyme, its liability is limited to direct damages, up to the amount invoiced to the Client during the twelve months preceding the incident, with a cap of EUR 2,500 per event or series of related events. These limitations of liability do not apply in cases of wilful misconduct or gross negligence on the part of EnvoyerSmsAnonyme.
EnvoyerSmsAnonyme disclaims all liability for other types of damages, including, but not limited to, indirect, consequential, or damages related to loss of turnover or profits.
EnvoyerSmsAnonyme shall in no event be held liable for delays, loss of data, failure to meet deadlines due to changes in the Client's circumstances, information, or equipment, nor for damages arising from information or advice provided by EnvoyerSmsAnonyme that is not explicitly included in the Contract. The exclusions of liability mentioned in this paragraph do not apply in cases of wilful misconduct or gross negligence.
To be eligible for compensation, the Client must report any failure in performance within two months of delivery. If a breach is found, EnvoyerSmsAnonyme may, within a reasonable time, remedy it, without being obliged to pay damages.
Any claim by the Customer against SendAnonymousSms shall be time-barred after a period of twelve months from the incident, unless the Customer has taken appropriate action regarding said claim.
In the event of a fault by SendAnonymousSms or its employees or subordinates for whom it is responsible, the liability of SendAnonymousSms shall be limited to a maximum amount of EUR 2,500. This limitation of liability does not apply in cases of wilful misconduct or gross negligence.
The limitations and exclusions of liability of SendAnonymousSms set out in the General Terms and Conditions also apply to all natural or legal persons, employees or subordinates engaged by SendAnonymousSms in the performance of the Agreement.
The limitations and exclusions of liability mentioned in this article do not in any way limit the other exclusions and limitations of liability of SendAnonymousSms contained in these General Terms and Conditions.
9. Force Majeure
In addition to the provided provisions, a failure by SendAnonymousSms to fulfil its obligations to the Customer is also considered a case of force majeure when it results from a circumstance beyond SendAnonymousSms's control, preventing the total or partial fulfilment of its obligations, or making such fulfilment unreasonably demanding. These circumstances include, but are not limited to, non-performance by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.
In the event that such a situation arises and prevents SendAnonymousSms from fulfilling its obligations to the Customer, these obligations may be suspended for as long as SendAnonymousSms is unable to perform them. If this situation persists for ten working days, both SendAnonymousSms and the Customer shall have the right to terminate all or part of the Agreement in writing. In such a case, SendAnonymousSms shall under no circumstances be liable to pay compensation for any damages, even if it gains any advantage from the force majeure situation.
10. Privacy
SendAnonymousSms's products are not intended for children under the age of sixteen (16). SendAnonymousSms does not knowingly solicit, collect, or retain information from individuals it knows to be under sixteen (16) years of age. No part of the products is designed to attract anyone under the age of sixteen (16). Furthermore, SendAnonymousSms does not send any communications to anyone who states they are under sixteen (16) years of age. If SendAnonymousSms learns that a user or customer is under sixteen (16), it will take the necessary steps to remove that user's/customer's personal information from its systems. If you are a parent or guardian of a child who you believe has disclosed personal information to SendAnonymousSms, please contact us by post so that this data can be deleted from our system.
To the extent necessary for the performance of the Agreement, the Customer expressly authorises SendAnonymousSms to process their personal data and to transmit it to third parties for this purpose.
EnvoyerSmsAnonyme also reserves the right to disclose personal data or other information to investigative authorities, particularly when the Product is used illegally by the Customer, or in situations where EnvoyerSmsAnonyme is legally required to provide this information by a court order. The Customer explicitly consents to this data disclosure.
The IP address used by the Customer is recorded when using the Product. In the event of payment via iDEAL, Bancontact, Sofort, eps or Multibanco, the bank account or card number used by the Customer, as well as the name, place of residence and/or email address of the account or card holder, will also be retained. For payments made via PayPal, the following information will be recorded: the Customer's name, email address and address. In the event of payment by credit card, Apple Pay, Google Pay or Microsoft Pay, the details of the credit card used will also be stored. If payment is made by phone, the phone number used will be recorded. The aforementioned data will be retained by EnvoyerSmsAnonyme for a period of 18 months. The Customer explicitly consents to this data collection and retention.
If the Customer collects or otherwise processes personal data when using the Product, they will be considered the 'data controller' in accordance with Regulation (EU) 2016/679 (GDPR). The Customer must therefore ensure that a legal basis exists for this data processing.
The Customer agrees to indemnify EnvoyerSmsAnonyme against any third-party claim or demand, including but not limited to, claims for compensation and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Customer that contravenes, or is perceived to contravene, applicable privacy and data protection laws, such as the GDPR.
In accordance with the General Terms and Conditions, the Customer is not permitted to collect, send or otherwise store personal data (as defined in Article 4 of the GDPR) via, in or with the Product and/or EnvoyerSmsAnonyme's systems (unless otherwise specified in the General Terms and Conditions). Consequently, EnvoyerSmsAnonyme cannot be considered a data processor within the meaning of Article 4 of the GDPR. If the Customer fails to comply with this obligation, EnvoyerSmsAnonyme maintains its position that, for legal reasons, it cannot be classified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR should nevertheless consider EnvoyerSmsAnonyme to be a data processor, the provisions below shall apply between the Parties, and only in that specific case.
This article constitutes a data processing agreement, as described in Article 28 of the GDPR.
The Customer warrants that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.
EnvoyerSmsAnonyme processes personal data solely on behalf of the Customer and in accordance with their written instructions. If, in EnvoyerSmsAnonyme's opinion, such an instruction infringes the GDPR or any other European or national data protection legislation, EnvoyerSmsAnonyme will immediately inform the Customer.
AnonymousSmsSender is authorised to engage third parties for the performance of the Agreement. This includes sub-processors, such as web hosting companies. In the event of any changes regarding the addition or replacement of sub-processors, the Client may object to these changes as long as the Agreement between the Parties remains in force.
To the extent possible, AnonymousSmsSender will assist the Client, upon request, in fulfilling its obligation to respond to requests for exercising the rights of data subjects, in accordance with Chapter III of the GDPR. AnonymousSmsSender may charge the Client for the costs associated with this assistance, calculated on the basis of an hourly rate agreed in the Agreement or, failing that, a reasonable rate.
The Client undertakes to respond independently to requests for exercising the rights of data subjects as defined in Chapter III of the GDPR, in cases where the Client has access to the Personal Data necessary for these requests.
Taking into account the nature of the processing and the information available to AnonymousSmsSender, the latter undertakes to provide all necessary assistance to the Client, upon request, to ensure compliance with the obligations set out in Articles 32 to 36 of the GDPR. AnonymousSmsSender may charge for this assistance at an hourly rate agreed in the Agreement or, failing that, at a reasonable rate.
AnonymousSmsSender will take all required technical and organisational measures, as stipulated in Article 32 of the GDPR, to ensure a level of security appropriate to the identified risks.
In the event that AnonymousSmsSender detects a personal data breach, as described in Articles 33 and/or 34 of the GDPR (hereinafter referred to as a 'Data Breach'), it shall immediately inform the Client. In such a case, AnonymousSmsSender undertakes, at the Client's request, to provide all necessary assistance to enable the Client to notify the competent supervisory authority and, if necessary, to communicate the breach to the data subjects within the required deadlines.
AnonymousSmsSender, as well as its employees, are bound to ensure the confidentiality of personal data, except in cases of a legal obligation to disclose or when the task of AnonymousSmsSender requires such disclosure.
Regarding the liability of AnonymousSmsSender, only the provisions set out in this article, as well as those agreed in the Agreement and the General Terms and Conditions, shall apply.
AnonymousSmsSender shall not be liable for any fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless such fines result from intentional misconduct or gross negligence on the part of AnonymousSmsSender.
Any failures by third parties engaged in the performance of the Processing Agreement cannot be attributed to AnonymousSmsSender.
The Client has the right to verify AnonymousSmsSender's compliance with its obligations under this Processing Agreement by means of an audit. The Client must inform AnonymousSmsSender as soon as possible and specify who will conduct the audit, as well as the chosen method and timeline.
EnvoyerSmsAnonyme shall have a reasonable period to express any objection to the performance of the audit. If objections are raised before the audit is conducted, the Parties undertake to consult each other to resolve these disputes, taking into account the legitimate interests of each Party. EnvoyerSmsAnonyme may not refuse to cooperate with the audit for unfounded reasons (for example, by raising unreasonable objections). All costs associated with this audit shall be borne by the Client.
Upon request, EnvoyerSmsAnonyme will provide the Client with the necessary information to demonstrate compliance with the obligations set out in Article 28 of the GDPR.
11. Intellectual Property
The Client guarantees that the use of the Product does not infringe upon any intellectual property rights belonging to third parties. The Client is prohibited from removing or modifying any notice related to these intellectual property rights.
EnvoyerSmsAnonyme reserves the right to implement technical measures to protect its intellectual property rights. If such protections are implemented for the Product and/or associated rights, the Client may not remove or circumvent these measures.
12. Complaints Procedure
EnvoyerSmsAnonyme will make every effort to respond to the Client's complaints as quickly as possible. The Client can submit a detailed complaint by contacting EnvoyerSmsAnonyme via the following email address: [email protected]. If reasonably feasible, EnvoyerSmsAnonyme undertakes to process the complaint within five working days of receipt, and to provide a substantive response as soon as possible.
If the Client is a natural person acting in a private capacity and not in the course of their professional activity, they also have the option to submit a complaint to the Disputes Committee via the European ODR platform, accessible at the following website: https://ec.europa.eu/consumers/odr/.
The complaint procedures mentioned in this article do not in any way affect the right of the Parties to bring matters before the competent courts.
13. Final Provisions
The legal relationship between the Parties shall be governed by and construed in accordance with French law. The Vienna Sales Convention is not applicable. These General Terms and Conditions are drawn up in all possible languages. In the event of any conflict, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.
If the Client is a natural person acting in a private capacity and not in the course of their professional activity, any dispute arising from the contract concluded with this Client shall be submitted exclusively to the competent court of the Client's place of residence.
The preceding paragraph does not apply if the Client is acting in the course of their commercial, industrial, craft, or professional activity. In this case, any dispute related to the contract concluded between EnvoyerSmsAnonyme and a Client acting in a professional capacity shall be submitted exclusively to the French courts.
The Client's rights under the Agreement may not be assigned to a third party without the prior written consent of EnvoyerSmsAnonyme.
If the Client is an individual acting in a private capacity and not in the course of their professional activity. Such provisions shall not form part of the agreement between EnvoyerSmsAnonyme and an individual acting for non-professional purposes.
Should any provision of the Agreement be held to be void, voidable or unenforceable, the Agreement shall remain in full force and effect. The Parties shall endeavour to replace such provision with a new, legally valid provision that has, as far as possible, the same purpose and effect as the annulled provision.