Preamble

The Seller proposes to the Customer solutions of digital advice or financial management and a complete formula of assistance to the management of a company, including in particular the constitution of the file, a support throughout the contract.

To meet the new challenges of digital transformation, an alternative source of financing particularly suited to innovative companies has emerged: Revenue-Based Finance (RBF). Still little known in France and Europe, it offers many benefits: no capital dilution and no personal guarantee.

These services are offered on the website : https://pcmholdingadvisor.com

The list and description of the services offered by PCM HOLDING ADVISOR can be consulted on this site.

Article 1: Scope of application

The present General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of consulting services, or specific tax support, as well as their follow-up in case of future changes in the said companies, (“The Services”) offered by PCM HOLDING ADVISOR (“The Provider”) to consumers and professional and non-professional Clients (“The Clients or the Customer”)

The content of the site https://pcmholdingadvisor.com is provided for information purposes only or as food for thought which must be validated by an authorized professional and for which he is responsible.

We do not provide legal advice as such, which is the sole responsibility of notaries, lawyers, bailiffs, auctioneers, administrators and receivers. It is only information of a documentary nature.

All the schemes presented should not be carried out for mainly or only tax purposes and must be validated by your usual advisors.

While the Provider endeavors to provide true and correct information about all its services, it does not provide legal advice. It is the Client’s responsibility to ensure that it has all necessary legal and tax advice with respect to the establishment and operation of the Company, and to ensure that the activities will not violate the law of any relevant jurisdiction.”

The user is solely responsible for the selection, use and interpretation of the data provided.

The site https://pcmholdingadvisor.com can not be held responsible for errors or omissions or even delays in updating the information on its site.

The services offered as well as the advice provided on our site can in no way be considered as an incentive, help, assistance or provision of means to fraud.

It is up to each Internet user to obtain, on his own, an enlightened opinion from a legal and tax practitioner, in order to validate the conformity of his approach with the legislation of his country of residence.

At your request, our team can refer you to a partner lawyer.

The main characteristics of the Services are presented on the Provider’s website.

The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

These terms and conditions apply to the exclusion of all other terms and conditions, including those applicable to other marketing channels for the Services or on the Internet.

These General Terms and Conditions of Sale are systematically communicated to any Customer prior to the conclusion of the contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. 

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them before concluding the contract for the provision of Services. The validation of the order for Services by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the day the contract is concluded. 

The Provider’s contact information is as follows:

PCM HOLDING ADVISOR LLC
530-B HARKLE ROAD STE 100
87505 Santa Fe
NEW MEXICO
UNITED STATES

ARTICLE 2 : Orders

The Customer selects the Services he wishes to order, as follows:

1- Selection of the offer ;
2- Acceptance of the conditions and information of the Buyer;
3- Placing the order by choosing the payment method;
4- Connection to the payment processor (credit card or bank transfer);
5- Order placed;
6- Order confirmation sent automatically by e-mail and receipt of the invoice.

It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

The sale of Services shall be deemed final only after the Provider has sent the Customer confirmation of acceptance of the order and after the Provider has collected the full price.

For Services for which an estimate has been prepared, the sale of Services will be considered final only after : 

– establishment of a quotation by the Provider and sending to the Customer the confirmation of the acceptance of the order by e-mail.

The estimates established by the Provider are valid for a period of 30 days, 

– validation of the quotation and any other terms and conditions for the provision of the Services by the Customer by e-mail.

PCM HOLDING ADVISOR reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The order on estimate is regarded as final by the Provider only after cashing by this one of the entirety of the price.

Similarly, pursuant to Article L215-3 of the Consumer Code, the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.”

Under paragraph 1 of Article L.121-21-8 of the Consumer Code “The right of withdrawal can not be exercised for contracts: 1 ° Supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal … “.

The Customer must be informed by the Provider of the impossibility of benefiting from the 14-day right of withdrawal in the event that the service has been performed before this period. The Customer must expressly agree to this in order for the waiver to be effective.

ARTICLE 3 : PRICES

The Services offered by the Provider are provided at the rates in force on the Provider’s website or its partners, or according to the quotations it has established on a case-by-case basis to its Customers. Prices are expressed in Euros, including VAT. 

These prices are firm and non-revisable during their period of validity, as indicated in the Provider’s price list, the latter reserving the right, outside this period of validity, to modify the prices at any time.

They include processing and management fees, which are not charged in addition, under the conditions indicated in the Provider’s price list and calculated prior to placing the order.

An invoice is issued by the Provider and given to the Customer upon provision of the ordered Services.

ARTICLE 4 : Terms of payment

The price is payable in full on the day the order is placed by the Customer, according to the terms specified in the article “Orders” above, by secure payment: 

– by credit cards: Visa, MasterCard, American Express, other credit cards
– by Paypal and Stripe or bank transfer

The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has been paid in full in accordance with the above conditions.

Payments made by the Customer shall be considered final only after actual collection of the amounts due by the Provider.

In the event of late payment and payment of amounts due by the Customer beyond the deadline set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the rate of 10% of the amount including VAT of the price of the provision of the Services, will be automatically and by right acquired by the Service Provider, without any formality or prior notice.

Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may be entitled to take against the Customer in this respect.

In addition, the Provider reserves the right, in the event of non-compliance with the above payment terms, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.

The Customer shall not be charged any additional costs beyond those incurred by the Provider for the use of a payment method.

ARTICLE 5: Provision of services

The Services ordered by the Customer within a period defined with the Customer as of the final validation of the Customer’s order, under the conditions provided for in these General Terms and Conditions of Sale supplemented by the special terms and conditions of sale given to the Customer together with these General Terms and Conditions of Sale, at the address indicated by the Customer at the time of his order.

The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the deadlines specified above. However, these deadlines are communicated as an indication.

If the ordered Services were not provided within ninety days after the indicative date above specified, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 and L241-4 of the Code of the consumption

The sums paid by the Customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

In the absence of reservations or complaints expressly made by the Customer at the time of the provision of the Services, the latter shall be deemed to comply with the order, in quantity and quality.

The Customer shall have a period of 7 days from the date of complete delivery of the services to make such reservations or claims, together with all related documents, to the Provider by e-mail only.

The Customer is invited to make any claim by e-mail to: support@pcmholdingadvisor.com.

No postal mail will be taken into account by the Provider.

No claim can be validly accepted in case of non-compliance with formalities and deadlines by the Customer.

The Service Provider shall refund the Customer or rectify (to the extent possible) as soon as possible and at its own expense, the Services that have been proven by the Customer to be non-compliant.

ARTICLE 6 : Provider’s liability – Guarantee

The Service Provider warrants, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, resulting from a defect in the design or realization of the ordered Services under the conditions and in accordance with the terms and conditions defined in these General Terms of Sale.

In order to assert its rights, the Customer shall inform the Service Provider, in writing (e-mail), of the existence of the defects or lack of conformity within a maximum period of 7 days from the provision of the Services.

The Provider shall refund or rectify or cause to be rectified (to the extent practicable) any Services found to be defective as soon as practicable, but in no event later than 14 days after the Provider becomes aware of the defect or fault.

The refund will be made by crediting the Customer’s bank account.

The Provider’s warranty is limited to the reimbursement of the Services actually paid by the Customer and the Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French jurisprudence.

The Services comply with the regulations in force in France.

The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.

ARTICLE 7: Intellectual Property

The Service Provider retains ownership of all intellectual property rights in studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the purpose of providing the Services to the Customer.

The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may be subject to a financial consideration.

ARTICLE 8: Anticipation

In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.

If the renegotiation is successful, the Parties shall promptly issue a new order formalizing the result of the renegotiation for the relevant Service Provision operations.

In addition, if the renegotiation fails, the Parties may, in accordance with the provisions of Article 1195 of the Civil Code, request the judge by mutual agreement to resolve or adapt the contract.

In the event that the Parties do not reach an agreement to refer the matter to the judge by mutual consent within a reasonable period of time after the disagreement has been established, the more diligent Party may refer the matter to the judge for revision or resolution of the contract.”

ARTICLE 9: Enforcement in kind

Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a default by either Party on its obligations, the defaulting Party may not seek enforcement.

ARTICLE 10: Exception of non-performance

It is reminded that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own obligation and if such non-performance is sufficiently serious, i.e., likely to jeopardize the continuation of the contract or to fundamentally upset its economic equilibrium. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party suffering the default, indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.

This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party suffering the default.

This option is used at the risk and peril of the Party taking the initiative.

The suspension of performance shall take effect immediately upon receipt by the allegedly defaulting Party of the notice of intention to apply the preventive default exception until such time as the allegedly defaulting Party performs the obligation for which a future default is manifested, served by e-mail.

ARTICLE 11: Force majeure

The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from an event of force majeure, as defined in Article 1218 of the Civil Code.

ARTICLE 12: Resolution of the contract

12-1 – Resolution for non-performance of a sufficiently serious obligation

The defaulting Party may, notwithstanding the clause Resolution for failure of a Party to perform its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the defaulting Party by e-mail of the wrongful termination of the present contract, 7 days after the sending of a formal notice to perform, also sent by e-mail, which has remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.

12-2 – Resolution for force majeure

It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.

12-3 – Provisions common to all cases of resolution

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement shall be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

The services exchanged between the Parties since the conclusion of the contract and until its resolution being able to find their utility only by the complete execution of this one, they will give place to integral restitution.

ARTICLE 13: Applicable law – Language

These General Terms and Conditions of Sale and the operations resulting from them between the Service Provider and the Customer are governed by and subject to French law.

The present General Conditions of Sale are written in English.

In the event that they are translated into one or more foreign languages, only the English text shall be binding in the event of a dispute.

ARTICLE 14: Disputes

All disputes to which the operations of Supply of Services concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their resolution, their consequences and their consequences and which could not be resolved amicably between the Vendor and the Customer, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.

ARTICLE 15 : Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed, prior to the immediate purchase or to the placing of his order and to the conclusion of the contract, in a clear and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the French Consumer Code and in particular the following information 

– the essential characteristics of the Service; 
– the price of the Services and related costs (e.g. delivery);
– in the absence of immediate execution of the contract, the date or the deadline by which the Provider undertakes to provide the ordered Services; 
– information about the Provider’s identity, postal and e-mail address and activities, if not apparent from the context; 
– information relating to the legal and contractual guarantees and their implementation modalities; 
– the functionalities of the digital content and, if necessary, its interoperability; 
– the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural person (or legal entity) makes an immediate purchase or orders a Service implies full acceptance of these Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Provider.