Terms of Sales
Last updated May 20, 2022
Welcome and thank you for your trust. You will find below the General Conditions of Sale applicable to the site https://revitae.co/. Please note that REVITAE provides its Customers and Users of its site with customer service which can be contacted as follows:
By email at: firstname.lastname@example.org
By post to the following address: 20 rue de Belgique, Canet en roussillon, France.
Article 1. DEFINITIONS
Capitalized terms refer to the following definitions:
The “Company” refers to REVITAE
The "Site" refers to the website(s) accessible from the link https://revitae.co/ and all the sites published by the Company to present and sell its Products.
The "User" means any person browsing the Site.
The “Product” refers to any type of material product sold online on the Site, and in particular Luminaires.
The "Order" means any purchase of a Product by the Customer from the Company via the Site.
The "Customer" means the natural or legal person, professional or not, purchasing a Product from the Company on the Site.
The "Identifiers" designates the user name and password provided by the Company to the Customer so that he can access his personal space via the Site.
The "Partner" means any professional partner with whom the Company has a business relationship or whom the Company may call upon in the context of the sale of a Product and to whom the Customer may be referred in the context of his Order. .
Article 2. FIELD OF APPLICATION
2.2. Ability. Any use of the Site to place an Order implies acceptance and compliance with all of the terms of these T&Cs. The Customer declares to be of legal age and able to contract under the law of his country or declares to represent, under a valid mandate, the person for whom he is placing the Order.
2.3. Access to the T&Cs. The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. They take effect from their date of update indicated at the top of this document. The GCS apply to the exclusion of all other conditions, and in particular those applicable for sales by means of other distribution and marketing channels for the Products.
2.4. Acceptance of the T&Cs. The Customer declares to have read the GCS and to have accepted them before any Order, which implies unconditional acceptance of these general conditions of sale.
By this acceptance, the Customer acknowledges that, prior to any order, he has received sufficient information and advice from the Company on the Site, allowing him to ensure the adequacy of the content of his Order to the needs. who are his. These T&Cs constitute all of the rights and obligations of the parties in the context of their contractual relationship.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
2.5. Scope of the T&Cs. The Customer may request a copy of the version of the T&Cs applicable to his Order at any time. No specific condition, at the Customer's initiative, may be added to and/or replace these. The Company reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc. which are provided to the Customer before the Order. The fact for the Company, at a given time and for any reason whatsoever, not to take advantage of a breach by the Customer of any of the obligations contained herein, cannot be interpreted as a waiver of rely on it for the future.
Article 3. CHARACTERISTICS OF THE PRODUCTS
The Customer can refer to the presentation of the Product on the Site, which is the subject of a summary on his Order page and in the confirmation email. The Customer is expressly warned that any Product offer is subject to change. Only the Product described during the Order is due to the Customer.
The Products governed by the GCS are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Company cannot be held liable unless it concerns a substantial element of the Product in question. The Product purchased by the Customer is provided in its version up to date on the date of purchase.
Article 4. ORDER
4.1. Majority. The Customer guarantees to the Company that he is of legal age and that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the Order.
4.2. Order on the Site. After selecting the Product he wishes to purchase on the Site, the User is directed to an order page on which he enters his personal details (surname, first name, email, postal address, telephone number) and, where applicable , all the necessary and exact information and contact details to allow the delivery of the Product and the invoicing of the Order. The User selects the terms of payment (single payment or in installments, mode of payment) according to the possibilities offered by the Company.
4.3. Verification of information. The Client is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Customer cannot hold the Company liable for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Product. The Customer must ensure that he will actually be able to receive the package at the address provided, according to the delivery times indicated when placing the Order.
4.5. Payment obligation. Any Order received by the Company is deemed to be firm and final, entails full acceptance and full acceptance of these GCS under the conditions provided, and obligation to pay for any Product ordered.
4.6. Electronic signature The online provision of the Customer's bank details and the final validation of the order will be worth proof of the Customer's agreement and will be worth:
- Payability of sums due under the Order;
- Signature and express acceptance of all operations carried out.
4.7. Confirmation of the order. After having read and accepted the T&Cs by ticking the box provided for this purpose, the Customer is directed to a summary page of his order, on which he provides his bank details before validating his payment. It is up to the Customer to check the summary information of his order and to rectify it if necessary, before validating the payment of the order. This second click definitively confirms the Customer's order.
4.8. Order confirmation. The Customer receives an email confirming and summarizing his Order as soon as the payment is actually validated by the Company or its payment service provider. The Customer must have a functional electronic sending and receiving mailbox. Failing this, he will not be able to receive written confirmation of his order at the e-mail address provided, nor receive the summary e-mail of his order.
4.9. Proof of transaction. The computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 5. PRICES CONDITIONS
5.1. Applicable rates. The Product ordered is sold at the current prices listed on the Site when the Customer's Order is registered by the Company.
For sales within the European Union, prices are indicated in euros and take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Site are provided inclusive of all taxes.
In the event of international sales from countries outside the European Union as indicated at the time of the sale:
- for orders whose value is greater than 150 euros: all customs duties and various taxes payable are the responsibility of the Customer and are his sole responsibility. It is the Professional Client's responsibility to carry out any useful checks and to comply with his tax obligations. The Company cannot assume any liability in this respect, the Customer is solely responsible.
- for orders whose value is less than 150 euros:
the prices are indicated in euros and take into account the VAT. The latter will be invoiced and collected by the Company. Any change in the applicable VAT rate will automatically be reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Site are provided inclusive of all taxes.
5.2. Payability of sums. Validation of the Order makes all sums due under it due. By validating his order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to his bank to debit the bank account whose details have been provided by the Customer, according to any deadlines indicated in the Order Summary.
5.3. Payment method. To pay for his order, the Customer has, at his option, all the payment methods made available to him by the Company and listed on the Site (in particular: Paypal, Stripe).
The Customer chooses the method of direct debit with the payment systems and services offered which are secure services provided by third parties to the Company subject to specific contractual conditions over which the Company has no control - in particular for information purposes for Stripe ( https://stripe.com/payment-terms/legal ), Paypal ( https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR ). In this case, payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Customer's choice. The Company reserves the right to use the payment service providers of its choice and to change them at any time.
5.4. Debit authorization. By communicating his banking information when placing the Order, the Customer authorizes the Company to debit the account for the amount of the price indicated on the Site for the corresponding Product.
5.5. Payment facilities. If the Company offers the Customer to pay the entire fixed price determined in several instalments, this is not a non-binding payment or a monthly subscription, but a payment schedule for the price of the Product. . The entire price corresponding to the sum of the installment payments is due, regardless of the number of payments envisaged and the price of the Product. The last fixed payment date is never scheduled more than three months after the Order and any costs are negligible. An installment payment or any other payment facility may also be provided for the continuous supply or successive performance of goods of the same nature and under the terms of which the Customer pays the cost by installment payments throughout the duration of the supply.
Any payment facility provided at the time of the Order does not constitute a credit or microcredit. When payment in installments is proposed, the first installment is paid on the day of the order and the following installments with an interval between each payment specified in the order summary (unless otherwise stated, a month's interval between each payment ). In this case, the Client guarantees the validity of the banking information provided until the last scheduled payment date. The Company reserves the right to refuse an Order with payment in instalments if the credit card expires before the last scheduled payment or if the secure payment service provider opposes it.
5.6. Special offers and coupons. The Company reserves the right to offer launch offers limited in time, promotional offers or price reductions on its Products and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable prices are those in force at the time of the Customer's order, who cannot claim other prices, prior or subsequent to his order. Discount vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and can only be used once.
5.7. Payment incident - Fraud. The Company reserves the right to suspend any processing of the Order and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. The Company specifically reserves the right to refuse to honor an order from a Customer who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.
The Company may contact the Customer to request additional documents to execute payment for the Order. The Company may rely on the information delivered by the Order analysis system. The provision of the requested documents is necessary for the confirmation of the Order by the Company. In order to fight against credit card fraud, a visual verification of the means of payment may be carried out by the Company before delivering the Product. In the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is observed, to contact the Company, without prejudice to the steps to be taken by the Customer with his bank.
5.8. Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Client.
Article 6. DELIVERY
6.1. Stock availability. The Products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the Product ordered, the Company shall immediately inform the Customer and may offer him a Product of equivalent quality and price or, failing that, refund the Order if the Customer is a consumer. Apart from reimbursement of the price of the unavailable Product, the Company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
6.2. Transporter. Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
For sales requiring it, the carrier is authorized to represent you for the collection and payment of VAT and customs duties.
6.3. Retention of title and transfer of risk. The Company remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the proper conservation of the Products. Except in the case where full payment of the price has not been cashed with the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer when the latter or a third party designated by him (for example, a collection point, a concierge, etc.) and other than the carrier proposed by the Company, takes physical possession of it. In any case, when the Customer entrusts the delivery of the goods to a carrier other than that proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.
6.4. Delivery time . Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless the law authorizes a longer period, the Company undertakes to deliver any Product within 30 days of receipt of the order. The delivery times indicated during the Order may be longer and vary taking into account the delivery contingencies of the postal services and any unforeseeable event outside the Company or the carrier (eg strike).
6.5. Late delivery. When the Product ordered is not delivered on the date or at the end of the period mentioned on the Order form or provided for in the GCS, the Customer may, after having unsuccessfully ordered the Company to perform its delivery obligation within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered resolved upon receipt by the Company of the letter or writing informing it of this resolution, unless the Company has complied in the meantime. When the contract is terminated under these conditions, the Company reimburses the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated .
Unless the law provides otherwise, and except as otherwise provided herein, overruns of delivery times cannot give rise to damages or compensation of any kind whatsoever. The Company reserves the right to forward the Customer's dispute to the carrier responsible for the delivery, who may, if necessary, be required to request further information from the Customer concerning the reported delay.
6.6. Place of delivery . The Products are delivered to the delivery address provided by the Customer when placing the Order. The Customer may not change the place of delivery after the Order has been placed. The Company may provide for delivery by direct delivery to the delivery address or to a collection point. In the event of an epidemic or any other health risk, the package may be left in front of the building at the place of delivery (contactless delivery). Any unexpired proof of identity may be requested prior to delivery of the Product. Within fifteen days of the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. If the Product is not collected within the times and conditions indicated, the Order will be canceled and the transport costs charged to the Customer.
6.7. Product Condition. When the Product is delivered to the address indicated by the Customer during the Order by a carrier, it is the Customer's responsibility to check, in the presence of the delivery person, the condition of the Product delivered and, in the event of damage or incomplete delivery, to issue reservations on the delivery note or on the transport receipt, and possibly refuse delivery of the Product to the delivery person directly.
Article 7. RIGHT OF WITHDRAWAL
7.1. Time limit. The Customer has the right to withdraw without giving any reason within fourteen days, for all or part of the Products ordered. This period is counted in calendar days and runs from the day after receipt of the Product by the Customer or any third party authorized for delivery, to the address indicated or to a collection point. In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of lots or multiple parts, the delivery of which is staggered over a defined period, the period runs from receipt of the last Product, or lot/piece. If the period expires on a Saturday, Sunday or a public holiday, it is extended until the expiry of the last hour of the first following working day.
7.2. Exercise mode. To exercise the right of withdrawal, the Customer notifies his decision to withdraw from the contract by means of an unambiguous declaration by post to the address REVITAE, 20 rue de Belgique, Canet en roussillon. The Customer may use the model withdrawal form reproduced below in a box, but this is not mandatory. The burden of proof of the exercise of the right of withdrawal rests with the Customer.
7.3. Return of the Product. The Customer must return or return the Product for which he has withdrawn, to the Company no later than fourteen days after sending his decision to withdraw. This deadline is deemed to have been respected if the goods are returned before the expiry of the fourteen-day period under the return conditions provided. The costs of returning the products are the responsibility of the Customer. The terms and conditions for returning Products are specified in the article “TERMS AND CONDITIONS FOR RETURNING PRODUCTS” to which the Customer refers.
7.4. Refund. In the event of withdrawal by the Customer, the Company shall reimburse the price of the Product no later than fourteen days, starting the day after receipt of the Customer's decision to withdraw. The Company proceeds to the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless he expressly accepts a different means; in any event, this refund will not incur any costs for the Customer. The Company may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, the date chosen being that of the first of these events.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of REVITAE:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the product (*) below:
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Strike out the useless mention.
PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF:
- When the Client is a professional,
- 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 consumer specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value 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 him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
- Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- Well bought after a public auction.
Article 8. GUARANTEES
8.1. Terms. It is recalled that the legal guarantees of conformity and hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and assume normal use of the Products according to the practices in force. These warranties apply outside of any commercial warranty. It is advisable to check the product at the time of its delivery and in the event that the delivered Product is non-compliant ( product error, defective, damaged or incomplete product ), to issue written reservations at the latest within three (3 ) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect found, the Customer returns the defective Product to the Company. In all cases, the legal deadlines will apply.
8.2. Guarantee of conformity. The conformity guarantee is a legal guarantee that applies outside of any commercial commitment. The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between its repair or its replacement. However, if this choice entails a manifestly disproportionate cost with regard to the other possible method, taking into account the value of the good or the importance of the defect, the Customer's choice may be rejected.
8.3. Warranty against hidden defects. The warranty against hidden defects is a legal warranty that applies outside of any commercial commitment. The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the Customer may request the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. In all cases, the article in question will be likely to be the subject of an analysis directly by the manufacturer, whether it is the Company or a third party.
8.4. Legal dispositions. By accepting the T&Cs, the Customer certifies having read the following legal provisions:
Article L. 217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in a condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »
Article 9. RETURN CONDITIONS
The customer has a legal period of 14 clear days to exercise his right of withdrawal from the date of receipt of the goods without having to justify reasons or pay penalties.
Return costs are payable by the customer. The customer will be fully reimbursed for the sums paid (except postage) upon receipt and verification of the return of his articles without undue delay and at the latest within 14 days of the date on which he exercised his right of withdrawal.
To proceed with a refund, simply fill in the following information and add it to your return package and also send it to email@example.com:
- Order number :
- Last name First Name :
- Address :
- Items to be returned:
The return address is 11 Rue de la Concorde 93160, Noisy-le-Grand to be sent in the name of REVITAE to facilitate delivery to postal workers.
No hand delivery will be accepted, returns are only made by post.
We recommend that you retain the return ticket as proof to expedite the refund.
For the withdrawal period to be respected, the Customer must send us his communication relating to the exercise of his right before the expiry of the withdrawal period.
No right of withdrawal for an order via a signed quote.
9.2. State. The Customer may return the product in its original packaging or in another packaging, provided that all precautions are taken to ensure that the product is packaged and protected as much as it could be in its original packaging so that it does not suffer any damage during transport. Any Product damaged in relation to the state in which it was sent, incomplete, or whose packaging has been damaged cannot be returned, exchanged or refunded to the Customer. In particular, any Product that is damaged or shows signs of new wear and/or odors cannot be returned, including on the basis of the right of withdrawal.
9.3. Return costs. Return costs are the responsibility of the Customer, including in the event of exercise of the right of withdrawal.
9.4. Refund. After receipt of the Product, the Company proceeds to the full refund of the price of the returned Product, excluding delivery costs (unless otherwise stated in the GCS, or when the law provides for this refund). In the event of an Order for several Products and the return of only part of the Order, the reimbursement of delivery costs is made in proportion to the number of Products ordered and returned under the conditions provided. Unless otherwise provided by law, only products will be reimbursed which (i) are returned with their original packaging and labels and (ii) have not been used or worn (for textiles). In the event of a return not respecting the legal and/or commercial conditions provided for, no refund can be demanded and the Customer will remain the owner of the returned product, which he can come and recover directly from the Company, or which will be returned to him at his expenses within a maximum period of one month, following the notification of the refusal of reimbursement by the Company.
Article 10. ACCESS TO THE SITE
10.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. The Company cannot be held liable for material damage related to the use of the Site. In addition, the User agrees to access the Site using recent equipment, not containing viruses and with an updated latest generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
10.2. Maintenance. The Site may be subject to maintenance operations. To this end, the Company reserves the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice in order to ensure its maintenance (in particular through updates) or to any other reason, without the interruption giving rise to any obligation or compensation.
10.3. Contractual liability . The Company implements all reasonable means at its disposal to ensure continuous and quality access to the Site, but is under no obligation to do so. In particular, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site.
10.4. Registration on the Site . The Company may provide for a registration procedure on the Site to have access to a User space. The identifiers allowing any User registered on the Site to access the information of his account and his order. Any connection identifier provided by the Company to the User is strictly personal, individual, confidential and non-transferable. The User will be liable for any unauthorized, fraudulent or abusive use of his Connection Identifiers. The User is invited to contact the Company if he has not received or if he has misplaced the information allowing him to connect so that it can be returned to him.
10.5. Loss of identifiers. The User shall inform the Company without delay of the loss or theft of his Connection Identifiers. In the event of proven violation of the conditions of access to the Site, the Company reserves the right to suspend access to the Site, without compensation, notice or prior information. The subsequent provision of Identifiers will release the Company from any liability vis-à-vis the User, who cannot hold it responsible for the unavailability of the Site.
Article 11. PROTECTION OF PERSONAL DATA
The Company respects the privacy of its Users and Customers. It undertakes that the collection and automated processing of your data, the purpose of which is to provide and improve the Site, commercial prospecting, management of Orders, contracts and the delivery of Products, carried out from the Site complies with the general data protection regulations (RGPD) and the Data Protection Act in its latest version.
The information requested in the forms available on the Site marked with an asterisk are mandatory and necessary for the management of requests, and failure to respond to a mandatory field will make it impossible for the Company to process User requests.
The personal data of natural persons will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions likely to arise.
Any User is informed and accepts that the Site may include technical devices that allow the use to be monitored (logged-in user account, IP address, type of application used, various logs of connection and use of the User account, etc. ) and are likely to be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site
In accordance with the Data Protection Act and the GDPR, any person concerned by the processing carried out by the Company has, under the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to the processing, portability, deletion of his data as well as a right not to be the subject of an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
Any exercise request can be sent by email to the address firstname.lastname@example.org. Any person affected by processing has the right to lodge a complaint with the Commission Nationale Informatique et Libertés.
Article 12. PARTNER SITES – HYPERTEXT LINKS
The User can access, through the hypertext links present on the Site, the sites of Partners or third parties, which are not subject to these GCS. The User is therefore invited to read the general conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these third-party sites.
The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. No control over the content of said sites is exercised by the Company, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party site directs its users to the Site, the Company reserves the right to request the deletion of the hypertext link pointing to the Site if it considers that this link does not comply with its legitimate rights and interests.
Article 13. CASE OF FORCE MAJEURE OR FORTUITOUS
The performance of the Company's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. This suspension may concern all or part of the Order. In this case, the Company will notify the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to restitution. If the definitive impediment is partial, only partial restitution will be granted.
Under the conditions provided for by law, Customers expressly accept that they cannot invoke a case of force majeure to delay payment (of an invoice, for example) for a Product or refuse delivery of an Order placed.
Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.
The responsibility of the Company can in no way be engaged due to difficulties encountered by the User or the Customer in accessing the Site due to a technical or software failure or any other cause unrelated to it. The Customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result therefrom. Consequently, the Company cannot be held responsible for any unavailability, slowdowns or failures of the Internet network or any computer solutions, except in the event of proven negligence on its part.
Article 14. INTELLECTUAL PROPERTY
The Company or its Partners hold all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site. or Products in violation of the rights of the holders of intellectual property rights thereto.
The use not previously authorized by the Company or its Partners, for any reason whatsoever, of all or part of the Site or the Products may be the subject of any appropriate action, in particular an interruption of access to the Site. or an action for infringement.
All the distinctive signs used by the Company are protected by law and any use not authorized by the Company may give rise to prosecution.
Non-respect of the intellectual property of the Company or its Partners will be analyzed as a serious fault of the User or Customer causing prejudice to the Company which reserves the possibility, in this case, to ask for any damages.
Article 15. CUSTOMER REFERENCES AND COMMUNICATION
15.1. Client reference. The Customer may be asked by the Company to be cited as the buyer of a Product. With the Client's agreement, the Company may be authorized to mention the name of the Client, the opinion he gave to the Company on the Product as well as an objective description of the nature of the Product which was sold to him in its lists of references and proposals for the attention of its prospects and its customers, in particular on the Site, for promotional and advertising purposes, on the occasion of interviews with third parties, communications to its staff, internal documents of forward-looking management, as well as in the event of legal, regulatory or accounting provisions requiring it.
15.2. Authorization to operate. When the Customer sends writings, videos and/or photographs to the Company to give its opinion or testify on the Product provided by the Company, and if necessary issues comments or publications concerning the Company (for example, on its social networks ), to which his identifier and his profile photo are attached, then the Customer authorizes the Company to use this content for the promotion of his commercial activities. The contents are likely to be protected by image rights and/or copyrights, and in this case, the Customer grants the Company the possibility of adapting them (on the form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, the Company may take screenshots of publications on social networks concerning it or of the Product delivered to the Customer, and reproduce them on the Site as notices.
The Customer acknowledges that he is fully satisfied with his rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorization to shoot and transfer of rights, for all cases not provided for herein or on an ad hoc basis.
15.3. Event. The provisions of the preceding paragraph apply in the same way to videos and photographs taken during any type of event (public, reserved for customers, etc.) organized or co-organized by the Company. The recordings may be recorded and published by the Company, including on social networks. If the Customer does not wish to appear on a possible publication of the images, he will please to place himself in the back of the room, not to participate in the grouped photos, not to make a sign to the photographer / cameraman in whose field he could be place.
Article 16. CHANGES IN THE GENERAL CONDITIONS
The Company reserves the right to modify the terms, conditions and mentions of the GCS at any time and without notice in order to adapt them to the evolutions of the Site or the evolution of its offers. The applicable conditions are those accepted by the Customer and sent to the Customer in the event of distance selling by any means of communication on a durable medium.
The modifications of the GCS made by the Company will not apply to Orders already placed, except for the clauses related to the technical evolution of the Site, since this does not result in either a price increase or an alteration in quality. or characteristics to which the non-professional or consumer Customer has made his commitment subject.
The Customer may also be asked to accept the modified T&Cs and failing that, the last T&Cs that have been accepted continue to apply until the Product is actually delivered. If it is impossible for the Company to continue the execution of the Contract under the previous conditions, the Customer has the option of requesting termination and reimbursement.
Article 17. LIABILITY
17.1. Responsibility of Users and Customers
The User or the Customer is solely responsible for the interpretations that he makes of the information provided under the content of the Products, the advice that he deduces or that has been provided to him and the adaptations made for his own activities. The exploitation of the information is done under the sole responsibility of the Client and at his own risk, which the Client expressly accepts.
When the Product is delivered with a manual or any user guide, including by reference to a URL link, the Customer undertakes to read it and use the Product in accordance with the recommendations provided.
In the exchange spaces, the Customer assumes as publisher, the responsibility for the communication of information to the public and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for its sites, blogs , pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content that it transmits to the public.
17.2. Limitation of liability vis-à-vis Professional Clients
Regardless of the type of Product ordered by the Professional Customer, the Company's liability is expressly limited to compensation for direct damage proven by the Professional Customer. Under no circumstances can the Company be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and the reputation of the Professional Client.
In the same way, the Company cannot be held liable for direct or indirect damage caused to the User's equipment, when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided for , or the appearance of a bug or an incompatibility.
IN ANY CASE, THE COMPANY'S LIABILITY IS LIMITED TO PROFESSIONALS AT THE AMOUNT OF THE PRICE PAID EXCLUSIVE OF TAXES BY THE CUSTOMER IN CONSIDERATION FOR THE SUPPLY OF THE PRODUCT IN THE FRAMEWORK OF WHICH THE DISPUTE FALLS. THIS AMOUNT IS CONSIDERED AS THE MAXIMUM THAT THE COMPANY COULD BE REQUIRED TO PAY INDEMNITY (DAMAGE AND INTEREST) AND PENALTIES, REGARDLESS OF THE HEADS OF DAMAGES ALLEGED AND THE LEGAL BASES UNLESS THE LAW OR JURISPRUDENCE OPPOSES IT.
Article 18. GENERAL
The T&Cs and all purchase and sale transactions referred to therein are governed by French law. The T&Cs and the Site are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
In the event that a clause of the GCS proves to be null, inapplicable, unenforceable or of no effect, this will not result in the nullity of the GCS and the validity of the other provisions cannot be affected.
The temporary or permanent non-application of one or more clauses by the Company does not constitute a waiver on its part of the other clauses of these GCS which continue to produce their effects.
The Client accepts that the Company may assign this contract to its affiliated companies or to a purchaser without its prior agreement, insofar as this assignment is not likely to result in a reduction of the rights of the consumer Client.
Article 19. DISPUTES
19.1. Amicable resolution. In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution.
In the event of difficulty in the execution of the Contract, the consumer Customer residing in Europe has the possibility, before any legal action, to seek the recourse of a consumer mediator identifiable on the site https://www.economie. gouv.fr/mediation-conso
19.3. Dispute between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY RELATING TO THE ORDER, THE INTERPRETATION, THE EXECUTION AND/OR THE TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION SHALL BE GIVEN TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PROCEDURES PROCEDURES BY MEANS OF REFERENCE OR REQUEST.