GENERAL TERMS & CONDITIONS OF SALE

Updated on 01/17/2024

GENERAL INFORMATION ON THE PUBLISHER AND THE VENDON

DEFINITIONS

Capitalized terms have the meaning attributed to them in the following table.

WARNING

CONTENTS

I - GENERAL TERMS & CONDITIONS OF USE (GTUs)

1       PURPOSE AND SCOPE

2       CONTENT

3       INTELLECTUAL PROPERTY

4       WEBSITE USE

II - GENERAL TERMS & CONDITIONS OF SALE (GTCs)

5       CUSTOMER ACCOUNT

6       ORDERS

7       PRINCING - PRICES - ADDITIONAL COSTS

8       PAYMENT FOR ORDERS

9      DELIVERIES

10    RETENTION OF TITLE

11    WARANTY

12    PRODUCT RESALE

13    RESOLUTORY CLAUSE

14 SPECIAL TERMS AND CONDITIONS   

III - COMMON PROVISIONS OF THE GTCs AND GTUs

Events that may affect the User

15    INTERRUPTIONS, RESTRICTIONS AND PERMANENT CLOSURE

16    AMENDED TERMS & CONDITIONS

17    NATIONAL LAW

18    RISKS

19    MAJOR FORCE

User protection

20    PERSONAL DATA

21    COOKIES

Other provisions

22    LIMITATION OF LIABILITY

23    CORREPONDENCE

24    AGREEMENT ON PROOF

25    COMPLIANCE

26    NOTIFICATION AND CALCULATION OF TIME LIMITS

27    GENERAL PROVISIONS

28    APPLICABLE LAW AND COMPETENT COURT

The General Terms & Conditions are divided into three main parts: the general terms & conditions of use (GTUs) for using the Website (CHAPTER I, Sections 1 to 4), the general terms & conditions of sale (GTCs) for the sale of Products (CHAPTER II, Sections 5 to 12) and the common provisions of the GTUs and GTCs (CHAPTER III, Sections 13 to 26). The GTUs apply to both Visitors and Buyers. The GTCs only apply to Buyers. The common provisions form an integral part of the GTUs and GTCs.

I - GENERAL TERMS & CONDITIONS OF USE (GTUs) (CGU)

1 PURPOSE AND SCOPE

• 1.1 Purpose

The GTUs define the conditions for accessing the Website, as well as the terms for the User using its functionalities.

• 1.2 Scope

The GTUs apply to all commencement of use of the Website by a User.

By accessing and using the Website, the User unreservedly and unconditionally accepts the GTUs and undertakes to comply with them in every respect.

The GTUs can be amended at any time by the Operator. The applicable GTUs are those in force at any time, for the Visitor, on the day on which they use the Website.

The Website is accessible to all countries around the world.

2 CONTENT

• 2.1 Nature

The purpose of the Website is to offer Users access to the Website allowing them to view product ranges, as well as its catalog, documentation, blogs and information on the Vendor and services offered and, by means of the “e-commerce” section of the Website (reserved for Buyers), prices, product availability and quotes, and the ability to make a purchase from the Vendor by means of an Account allowing them to electronically order Products. The Buyer may also declare after-sales service incidents, by means of a form available at this address (the “Incident declaration”) in accordance with the terms & conditions reiterated at this address.

• 2.2 Conditions

Use of the Website content is free by simply visiting the Website. Viewing applicable prices are conditional on the creation of a personal customer account, which results in the creation of a Client Area.  The creation of the Client Area implies acceptance of the General Terms & Conditions.

• 2.3 Newsletter

The User may subscribe to a newsletter from the Publisher by filling in the form on the Site. To unsubscribe, the User can click on the "unsubscribe" link in the newsletter, and his request will be processed immediately (during working hours). The User may re-subscribe to the newsletter at any time by completing the form on the Site.

• 2.4 Ownership

The Operator is the owner of (or holder of the rights to) all the Data made available to Users via and on the Website, including but not limited to commercial and/or technical information and/or documentation and/or data of all kinds relating to Products.

3 INTELLECTUAL PROPERTY

A breach of the conditions appearing in this section shall result, as of right, in addition to the User being rendered liable, in the suspension or termination of the delivery of Products (at the Operator’s discretion) for the User, without prior notice.

• 3.1 Copyright compliance

All copyrights (copyright and related rights, including the rights of database producers, as well as copyrights to the software underlying the Website) to protected works reproduced and presented on this Website are reserved worldwide. The User undertakes not to use the works other than for reproduction or viewing for personal use.

3.1.1        Reproduction

The User undertakes not to reproduce all or part of the Website on any medium whatsoever (paper, electronically, etc.), other than for personal and private use. Any representation or reproduction, in whole or part, of this Website and its content (e.g.: overall structure, text, animated or other images, sound), by any method whatsoever, without the Operator’s and/or the relevant beneficiary’s prior express authorization, is unlawful pursuant to Article L. 122-4 of French intellectual property code and may specifically constitute an infringement punishable by Articles L. 335-2 et seq. of the same code.

Furthermore, the Publisher’s brands appearing on the Website are registered trademarks. Therefore, any reproduction in whole or part of these brands, without the Publisher’s and/or the relevant beneficiaries’ express authorization is prohibited.

3.1.2        Links

The User can put in place a hypertext link to their content, on condition that: the User does not use a deep linking technique, which means that the Website’s pages must not be embedded in another website’s pages, but be accessible by opening a window; the User mentions the source that will redirect directly to the particular content thanks to a hypertext link,

The Website data used must only be used by the User for personal, non-profit or professional purposes. All use for commercial or advertising purposes by the User is excluded.

The ability of the User to create a link to the Website does not apply to the creation of a link on websites disseminating information of a polemic or pornographic nature, or inciting racial hatred or any form of discrimination or that may, to a larger extent, offend a vast majority of people or be prejudicial to public order.

A User who would like to make any other use of the Website content or who has any doubts about the extent of their rights in accordance with the GTUs, should consult the Operator in advance prior to any action they wish to perform.

• 3.2 Limitations of rights

The Operator is the holder or licensee of intellectual property rights for both the overall structure of the Website and its content.

The User acknowledges and accepts that access to the Website and to the Products placed at their disposal by the Operator shall not confer on the User any assignment of or license for intellectual property rights (in particular trademarks or copyrights) and other rights.

The User acknowledges and accepts that use of the Website and access to the products and their content, does not entitle the User to reproduce, resell, exchange, lease, modify, adapt, correct, free of charge or in return for payment, some or all of the Website, Products and their content protected by trademarks, or by any other intellectual property right whatsoever.

None of the conditions of the GTUs may be interpreted as an assignment of or license for any one of these rights for benefit of the User.

4 WEBSITE USE

The User undertakes to only visit and use the Website, in particular the Data, for the purpose, where applicable, of quotes and purchases of Products and completing the sale. The User undertakes to refrain from using the Data for any other purpose, in particular for commercial purposes or those contrary to the provisions of the General Terms & Conditions and to circumvent the measures put in place by the Operator to guarantee the security and fidelity of the Website and transactions.

Use of the Website involves the User having an Internet connection and suitable computer equipment, the costs of which are independent of the Products offered for sale by the Operator. The User is solely responsible for the use of their resources for accessing and using the Website, in particular their hardware and software.

The User undertakes not to: sell, assign, publish, present, disclose or make available to third parties any of the Products or Data placed at their disposal by the Operator; practice or attempt to practice reverse engineering, decompile or disassemble components of the Website; erase the Operator’s identification and ownership markings; create hypertext links to the Website (other than under the conditions set out in Section 3.1.2 below); publish any tests or performance analysis or assessment relating to the Operator or the Website or Products; access the source codes for software underlying the Website; use components of the Website for purposes other than personal and private use, copy or transmit these components of the Website to third parties.

II - GENERAL TERMS & CONDITIONS OF SALE (GTCs)

5 CUSTOMER ACCOUNT

• 5.1 Opening

• 5.1.1 Admission to the online sales channel (existing clients)

For people who are already the Vendor’s clients, the creation of a customer account is performed by the Buyer by approaching their usual contact for the Vendor. The Vendor will provide the Buyer with an Administrator declaration form for the purpose of approving and authorizing the creation of a customer account for online sales. Should an Administrator already be declared with the Vendor, the Administrator will receive a link, by e-mail, enabling them to recover their login and initialize their password. 

• 5.1.2 Simplified opening procedure (new clients)

All initial orders from a Buyer must be preceded by the opening of an account in the name of the Buyer on behalf of which the Products will be ordered.

Creation of an account opening request using the Form in the “create an account” section for new clients only having access to the cash payment option (VISA, MasterCard, SEPA transfer, Paypal). The Vendor may apply payment limits depending on the payment method used (similar to a cap).

• 5.1.3 Amission to the credit service

Creation of a credit account opening request using the Form intended for this purpose with the addition of the necessary documents (e.g.: company registration certificate, balance sheet, letterhead). The credit request will be approved by the Vendor’s accounting departments and their credit insurance provider. The Buyer does not have an acquired right to a credit request, the acceptance of which remains at the sole discretion of the Vendor no matter what the reason.

• 5.2 Operation

• 5.2.1 Administrator

The Buyer must appoint a manager (the “Administrator”) as regards the Vendor, who is duly authorized to manage the customer account and to legally commit the Buyer, in particular for the purchase of Products. Within groups, each entity must appoint an Administrator.

The Administrator may be the Buyer’s legal representative or any person working in their department, to whom one of the Buyer’s legal representatives or one of their duly authorized representatives has validly delegated their powers at the time of opening the customer account or subsequently by submitting a new Form appointing a new Administrator.

If the Administrator is not the legal representative, they are dismissed and replaced under the same conditions set out above.

The appointment, dismissal or replacement of an Administrator only takes effect one (1) Working Day after receipt of a request in this respect from the Buyer by the Vendor.

• 5.2.2 Administrator account

The Administrator alone will have access to the “administrator” account.  The administrator account provides authorizations and revokes accesses.

The access codes for the “administrator” account are personal and non-transferable. The Buyer is solely responsible for respecting and maintaining the confidentiality of access codes. The Administrator may not disclose them to other people.

All Users undertake not to use the Website on behalf of a third party other than the Buyer.

• 5.2.3 Irrevocable presumption

All orders for Products concluded by the Administrator will irrevocably constitute orders for Products concluded by the Buyer, by express agreement between the parties in accordance with the provisions of Articles 1356 and 1368 of French civil code.

• 5.2.4 Preventive measures

The Buyer’s account may be suspended or closed and the Vendor may prevent access by the Buyer, temporarily or permanently, in the event of the provision, intentionally or otherwise, of erroneous, incomplete, incorrect or misleading information or fraudulent use of the Website or the account. The suspension, closure or loss of access to the Website or account may be decided on without prior notice and shall not result in any indemnity or compensation.

• 5.3 Terms of closure

All account closures must be notified by the legal representative or, should they not be the legal representative, by the Administrator in accordance with the conditions set out in Article 24. The Vendor shall confirm to the Buyer the closure of the account, which will take place on the date of this confirmation, which may not exceed eight (8) Working Days from receipt by the Vendor of the notification of closure.

• 5.4 Security

The Vendor uses the HTTPS protocol for the Website, which enables the User to verify the identity of the Website they are accessing thanks to an authentication certificate issued by a third party authority deemed to be reliable. The HTTPS protocol guarantees the confidentiality and integrity of data sent by the User (in particular data entered in forms) and received by the server. When the user accesses the Website, the website address includes an “s” after the first letters “http” and a locked padlock symbol appears in the Website’s address bar. The User can then transmit data securely, in particular when making a payment.

6 ORDERS

• 6.1 Orders are placed via a purchasing path on the Website. The path includes the selection of products and quantities. A summary of the order allows it to be approved and accepted by the Vendor.

• 6.2 In order to be regarded as accepted by the Vendor, all orders must form the subject of an order acknowledgment, produced by the Vendor and addressed to the Buyer by e-mail (sent to the e-mail address appearing in their customer account). After approving the order, the Vendor sends a confirmation e-mail (to the e-mail address appearing in the Buyer’s customer account) after checking availability. At this point the order becomes irrevocable and the Buyer waives the provisions of Article 1195 of French civil code (unforeseeable change of circumstances).

The place where the sale is concluded is the Vendor’s head office on the date on which the initial or amended order, as set out in 2-3 below, becomes irrevocable.

• 6.3 In the event of a rejection by the Buyer benefiting from a credit account of the terms and conditions of payment offered by the Vendor, an inability to provide an adequate financial guarantee, or apparent or proven financial difficulties, the Vendor may refuse to honor the order or orders placed and to deliver the Products in question, with the Buyer not being entitled to cite a refusal to sell and/or claim compensation of any kind.

Furthermore, in the event that a Buyer should place an order with the Vendor without having paid all overdue invoices in full, the Vendor may refuse to honor the order and to deliver the Products in question, with the Buyer not being entitled to cite a refusal to sell and/or claim compensation of any kind.

• 6.4 The Buyer may not amend the terms of the order (quantity, date and delivery terms) after receipt of the e-mail from the Vendor confirming receipt of the order. All requests to amend the order from the Buyer must be addressed in advance to Customer Service for approval, by e-mail ([email protected]) or by phone on 33 1 70 94 60 80. Should an order be amended with the agreement of the Vendor after the delivery of Products, these Products shall be returned to the Vendor’s warehouses at the Buyer’s expense and shall result in the payment of compensation by the Buyer to cover restocking costs, established contractually and fixed at a flat rate of 20 % of the selling price ex. VAT of the Products returned.

• 6.5 All orders must reach a minimum quantity, or be subject to the payment of a processing fee.

The order threshold, as well as the applicable processing fee for the Buyer, are set out in the special conditions of sale, which are available in the Client Area. 

7 PRICING – PRICES – ADDITIONAL COSTS

• 7.1 The prices of Products appearing on the Website are indicative public prices. The applicable Product price list for the Buyer is the price list appearing in their Client Area. The price list may be revised, or under the conditions determined with the Buyer in a special agreement (e.g.: quote, discounts), or else, in the absence of an agreement, specifically pursuant to the provisions of Article 1164 of French civil code, at any time during the course of the year and shall form the subject of information for the Buyer. Any changes to the price list shall be immediately applicable on the date an order is placed or, if the date of the change is delayed, on the date appearing on the new price list.

• 7.2 Additional costs (processing fees, cutting charges, shipping costs, etc.) and the possible related thresholds appear in the Buyer’s Client Area and/or on the order.

• 7.3 Prices are always quoted excluding VAT and additional costs or special preparation.

• 7.4 Products are sold at the prices appearing in the price list in force between the Vendor and the Buyer on the day of the order. In the event of any contradiction between the applicable price list for the Buyer and the price appearing on the order, the price appearing on the order takes precedence except in the case of an obvious error (e.g.: absurdly low price for the order).

8 PAYMENTS FOR ORDERS

• 8.1 All orders from a Buyer are payable in cash, without discount, on placing the order. However, this clause does not apply in the case of an order placed by a client with a credit account.

• 8.2 Orders for clients with a credit account are payable on the date set by mutual agreement between the parties on opening the account, or subsequently, with this date appearing on each invoice, it being understood that the payment period may not exceed the periods set out in Paragraph I of Article L. 441-10 of French commercial code.

• 8.3 The payment methods accepted for cash payments: bank card, Paypal, bank transfer. For clients with a credit account: bank card, bank transfer, check, administrative payment order, Paypal

• 8.4 Invoices are issued when the Products ordered are shipped by the Vendor and are payable at the Vendor’s head office. All payments are assigned as a priority to the oldest invoices.

• 8.5 In the case of payment using a bill of exchange, only its actual collection on the due date shall be regarded as full payment in accordance with the GTCs.

• 8.6 All sums not paid by the due date shall result, pursuant to Paragraph II of Article L. 441-10 of French commercial code, in the payment by the Buyer of late payment penalties in accordance with the interest rate applied by the Central European Bank to its most recent refinancing operation plus 10 percentage points and flat rate compensation for collection costs of an amount set out in Article D. 441-5 of French commercial code. On presentation of proof, this amount may be increased if the collection costs are greater than the sum of this flat rate compensation.

• 8.7 Pursuant to Article L. 441-10 of French commercial code and notwithstanding Article 1231-5 of French civil code (notice), these penalties and this compensation are payable as of right, without the need for prior notice, on the day after the payment date appearing on the invoice. The Vendor will inform the Buyer by means of a debit note.

9 DELIVERIES

• 9.1 The Products ordered, subject to the conditions set out in Article 2, will be delivered, with the parties derogating from the provisions of Article 1342-6 of French civil code (payment at the debtor’s domicile), to the address appearing on the Purchase Order.

• 9.2 The delivery times appearing on the order confirmation issued by the Vendor are provided for information and guidance only. Exceeding this deadline will not result in any right to withhold payment or to compensation of any kind.

• 9.3 In the event that the Buyer wishes the Products ordered to form the subject of an “express delivery”, they must inform the Vendor of this before approval of the order. The additional cost associated with this delivery method shall always be borne by the Buyer.

• 9.4 The Products may be collected by the Buyer, or a third party appointed by the Buyer, from the Vendor’s premises, with the Vendor’s agreement. Should the Buyer or the third party appointed by the Buyer not collect the Products ordered by the agreed deadline, at this point the Vendor may either freely dispose of the Products ordered, or store them at the risk of the Buyer, who shall be obliged to pay all additional storage, transport, insurance or other costs.

• 9.5 If the Buyer or the third party designated by the Buyer fails to accept or collect the Products ordered within the agreed time, the Seller may, without prejudice to Article 1657 of the French Civil Code (termination of the sale), either freely dispose of the Products ordered, or store them at the Buyer's risk, and the Buyer shall be liable for any additional storage, transport, insurance or other costs

• 9.6 The transfer of risks takes place at the time of delivery of the Products by the Seller or its carrier in accordance with the Buyer's instructions.

• 9.7 In the event of damage to delivered Products or shortages, it is the Buyer's responsibility to make all necessary reservations with the carrier. Any Product which has not been the subject of reservations on the transport slip, confirmed by extrajudicial act or by registered letter with acknowledgement of receipt, within 3 days of receipt, with the carrier, in accordance with article L. 133-3 of the French Commercial Code, and a copy of which will be sent simultaneously to the Vendor, will be deemed to have been accepted by the Purchaser. In the case of export orders, the registered letter with acknowledgement of receipt may be replaced by any other written or electronic document whose date of issue cannot be contested. It is the Buyer's responsibility to provide full proof of any defects or shortages.

• 9.8 Any variation in the quantities delivered of cables less than or equal to five percent (5.00%) compared with the order cannot give rise to a complaint.

• 9.9 No return of Products may be made by the Buyer without the express prior written agreement of the Seller, after declaration of the incident by the Incident Declaration in accordance with Article 2.1. CAE-GROUPE's final agreement is subject to the following conditions: products must be returned in their original packaging or equivalent (cardboard box, shrink-wrapped pallet), and must be accompanied by the returns form previously provided by CAE-GROUPE's sales teams, without this form being glued to the products. Without prejudice to the following paragraph, the following products, due to their nature, cannot be returned: racks, boxes, cut cables (copper and fiber).

  When, after inspection, an apparent defect or, without prejudice to the stipulations of clause 9.7, a shortage is in fact noted by the Vendor or his agent, the Buyer may request, at the Vendor's expense, the replacement of the non-conforming items and/or the addition to be made to make up for the shortages, without however being able to claim any compensation or the cancellation of the order. Replacement may only concern missing or defective items.

• 9.10 A complaint made by the Buyer, including under the conditions and in accordance with the procedures described in this article, does not suspend payment by the Buyer for the Products concerned.

10                   RETENTION OF TITLE

• 10.1 Notwithstanding the provisions of Clause 5, the transfer of ownership of Products ordered is suspended until full payment of their price by the Buyer, in principal and other charges, even in the case of a payment extension being granted. All clauses to the contrary, specifically inserted into the Buyer’s general purchasing conditions, are deemed not to have been written, pursuant to Article L. 621-122 of French commercial code.

• 10.2 By express agreement, the Vendor may exercise their rights under this retention of title clause, for any one of their receivables, over all their Products in the Buyer’s possession, with these Products being contractually presumed to be those that are not paid for, and the Vendor may take them back or claim them in compensation for all unpaid invoices, notwithstanding their right to cancel all sales in progress. The Buyer must permanently store and identify the Products supplied by the Vendor such that they can be recognized as belonging to the Vendor should this clause be invoked.

• 10.3 The Buyer may only resell Products that are not paid for as part of the normal operation of its business, and may never pledge or grant a charge over Products that are not paid for. In the event of a failure to pay, the Buyer will undertake not to resell Products equivalent to the quantity of Products that are not paid for.

• 10.4 The Vendor may also require the cancellation of the sale, in the event of non-payment of an invoice by the due date, after having sent a simple notification by any written means. Likewise, the Vendor may unilaterally, after sending notice, draw up or have drawn up an inventory of its Products in the possession of the Buyer, who hereby undertakes to allow free access to its warehouses, stores or other premises, ensuring, to this end, that identification of the company’s Products is always possible.

• 10.5 In the event that compulsory settlement, safeguarding or compulsory liquidation proceedings are instituted, orders not yet delivered shall, by express agreement between the Vendor and the Buyer, be canceled as of right without the need for prior notice. If the Buyer has resold the Products to a third party before paying the Vendor their full price, the latter may claim the price or proportion of the price that has not been paid, or settled in value, or made up in a current account between the Buyer and the non-purchaser third party on the date of the declaratory judgment and has an acquired right to assignment of the resale price to the extent of its rights.

• 10.6 This clause does not prevent the Product risks being transferred to the Buyer under the conditions set out in Article 9 above.

• 10.7 The Buyer is regarded, from the time of delivery, as the custodian and keeper of the aforementioned Products. In the event of non-payment, and unless the Vendor prefers to require full and complete performance of the sale, the Vendor reserves the right to cancel the sale following notice, and to claim possession of the Products delivered, with the return costs being borne by the Buyer and payments made being retained by the Vendor by way of a penalty clause.

11 WARRANTY

• 11.1 The Vendor exclusively warrants the Products against hidden defects, such defects being understood, under the terms of the GTCs, as manufacturing faults affecting the Product, rendering it unfit for purpose and not likely to be detected prior to its use. A design fault is not a hidden defect and the Buyer is deemed to have received all the technical information relating to the Products they have ordered. Under the terms of this warranty, the Vendor shall only be obliged to replace defective Products, free of charge, with the Buyer not being entitled to obtain compensation, for any reason whatsoever.

• 11.2 The Products sold are guaranteed under the above conditions for a period of 24 months from the date on which the hidden defect is discovered by the Buyer, within the limit of the statute of limitations applicable in ordinary commercial matters.

• 11.3 The benefit of the above warranty requires the Buyer to adhere to the procedure entitled “Procedure for After-Sales Service processing”, a detailed description of which is placed at their disposal in the Client Area; as a result, any Buyer encountering a manufacturing fault affecting the Product undertakes, as soon as they are aware of it, to complete the Incident declaration, which will advise them of the procedure to be followed; the benefit of the warranty is lost should the procedure set out by the Vendor’s Sales Department not be adhered to; it is specifically agreed that any Buyer carrying out work to remove the defective product and to refit replacement equipment, without the Vendor’s express and prior agreement, is doing so exclusively at their own cost.

• 11.4 The following are expressly excluded from the Vendor’s warranty:

•  - defects and deterioration affecting Products delivered resulting from irregular storage and/or safekeeping conditions on the Buyer’s or their custodian’s or representative’s premises, in particular in the event of an accident if any kind,
• - all tangible or intangible, unforeseeable direct or indirect damage/losses:
• - suffered by the Buyer,
• - suffered by people or property and resulting from the use of Products sold,
• - resulting from and/or wear resulting from an adaptation or irregular installation of Products.

• 11.5 All sums that may be due from the Vendor, by way of compensable damage pursuant to the GTCs, are limited to the amount, on a cumulative basis, covered by the insurance policy or policies of which the Vendor is the beneficiary for this damage, or shall be reduced proportionately by the amount that exceeds this sum, where applicable. The Buyer may ask the Vendor to inform them, prior to any order, of the cover limits set out in the insurance policy or policies of which the Vendor is the beneficiary.

• 11.6 Notwithstanding the Vendor’s right to cancel any sale under the conditions of Article 1226 of French civil code, this warranty set out in this Article 11 is suspended, as of right, without the need to send a notification to the Buyer, should the Buyer fail to fulfill any one of their obligations under the General Terms & Conditions or, in general, written rules and documents applicable to sales. This warranty may also be suspended under the same conditions in the event of a clear risk of non-performance.

• 11.7 This warranty set out in this Article 11 is the only warranty granted by the Vendor and excludes any other warranty, including all legal warranties.

12 PRODUCTS RESALE

The Buyer is solely responsible, in the context of the resale of the Products, to its customers or prospects, households, authorities and, in general, the public, for the legal obligations of information, communication, warnings, advice, provision of data, marking, labeling, signage, display or any other process, certification, take-back, and other measures, concerning the Products, notably referred to, without this list being exhaustive:
- Title I (Consumer information) of Book I (Consumer information and commercial practices), in particular articles L. 111-4 and L. 113-1, of the French Consumer Code;
- Chapter I (Distance and off-premises contracts) of Title II (Rules governing the formation and performance of certain contracts) of Book II (Formation and performance of contracts), in particular article L. 221-5, of the French Consumer Code;
- Chapter III (Obligations of producers and distributors) of Title II (Safety) of Book IV (Conformity and safety of products and services) of the French Consumer Code;

13 RESOLUTORY CLAUSE

It is expressly agreed that, in the event of non-payment by the due date of any sum due by the Buyer, or in the event of non-performance of any of the conditions of sale or of any legal or regulatory obligation applicable to the Buyer, and fifteen (15) days after an unsuccessful request for payment or performance, the sale will be terminated ipso jure, at the Seller's discretion, without the need for any legal formalities, notwithstanding any deposits or real offers made after the aforementioned deadline. All costs thus incurred as a result of the Buyer's infringements, and all those which may follow or result therefrom, as well as collection costs and fees, shall be borne exclusively by the Buyer, who shall hold the Seller harmless.

14 SPECIAL CONDITIONS

These General Terms & Conditions may be supplemented or amended by special conditions. These special conditions appear in the Client Area.

III - COMMON PROVISIONS OF THE GTCs AND GTUs

Events that may affect the User

Remember, a User may be both a Visitor and/or a Buyer

15 INTERRUPTIONS, RESTRICTIONS AND PERMANENT CLOSURE

The Operator assumes no obligations, of any kind, regarding the accessibility or availability of the Website, in particular in the event of it slowing down, being suspended or unavailable for whatever reason or cause.

The Operator may, at any time, partially or entirely, temporarily or permanently, restrict access to the Website by the User, including the User’s account, with the Operator making no commitment to prior notice or a maximum period in the event of suspension, specifically in the event of technical contingencies, malfunctions, maintenance of the Website, incompatibility of the Website with the User’s computer systems, a breach by the User of the General Terms & Conditions, a proven suspicion of fraudulent use of the Website by the User or a third party, alteration by the User, intentionally or otherwise (in particular in the event of hacking) of functionalities, the availability or, generally, the integrity of the Website. The user shall refrain from taking any action against the Operator as a result thereof.

The Operator may decide to permanently close the Website at any time.

None of the provisions of the General Terms & Conditions may be interpreted as constituting an acquired right for the User to use the Website.

16 AMENDED TERMS & CONDITIONS

The Operator may amend the terms of these General Terms & Conditions for the future, at any time. These amendments apply to the User as soon as they are published on line. It is therefore recommended that the User should regularly consult these General Terms & Conditions in order to be aware of these new conditions. To make it easier to be alerted to amendments, an update date appears at the top of the General Terms & Conditions.

17 NATIONAL LAW

In the event that the Website or the Products it lists or the way in which they are offered for sale or marketed should partially or entirely breach regulations with regard to national law in the User’s country of residence (other than France), it is the User’s responsibility to refrain from accessing them from this territory or to access them from other territories where they are deemed legal. The User choosing to access the Website from a territory where the Website or the Products would partially or entirely breach applicable national regulations does so of their own volition, at their own risk and shall accept the consequences of the application of public order rules in their country of residence, without the Operator being liable.

18 RISKS

The Website is subject to the inherent risks of communication networks, particularly in terms of a lack of security when transmitting data and continuity of access to the Website or to the various Products offered for sale.

The User agrees to personally accept these risks and their consequences, including detrimental consequences, whatever their extent, for the User. It is the responsibility of each User to take all the appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attack potentially circulating via the Website.

The User shall refrain from taking any action against the Operator in the case of interruption, disruption, latency or errors resulting from a maintenance operation carried out for the purpose of ensuring the Website functions correctly, or due to behavior by other Users, any other incidents beyond their control, or even for events constituting Force Majeure (see below).

Neither the User nor the Operator shall be held responsible as regards each other should they be prevented from fulfilling any of these obligations as the result of an event constituting force majeure pursuant to Article 1218 of French civil code.

                                                              

By express agreement, the following events are also regarded, for the User and the Operator, as an event constituting force majeure for the Operator, without the Operator needing to establish that the event has the characteristics set out in Article 1218 of French civil code: fire, theft of some or all equipment, lock-outs, strikes, shortages of raw materials, scrapping of parts during production, shortages of fuel or energy, transport or post and telecommunication interruptions or delays, supplier work stoppages, acts of sabotage, demonstrations, declaration of a state of emergency provided for by Law no. 55-385 of 3 April 1955 relating to the state of emergency or by Chapter 1b (Public health emergency) of Section III (Serious health threats and health crises) of Volume 1 (Combating communicable diseases) of Part three (Combating diseases and dependencies) of French public health code or any other subsequent written rules or documents having an equivalent effect, including all restrictive travel measures applying these rules or documents. In such circumstances, the Operator shall notify the User in writing, in particular by e-mail, within forty eight (48) hours of the date on which the events occur, with the contract binding the Operator and the User then being suspended as of right without compensation, from the date on which the event occurs. Where applicable, and should the event continue for more than 8 days, the contract binding the Operator and the User may be terminated at the Operator’s request.

 

User protection

20 PERSONAL DATA

The terms “Personal Data”, “Processing”, “Data Controller”, “Data Subjects”, “Sub-Contractor”, “Supervisory Authority” have the definitions provided for these terms in Article 4 of European Regulation (EU) no. 2016/679 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 (“GDPR”).

21                     COOKIES

The Website uses the statistical tool Google Analytics and the advertising tool Google Adwords, which store certain data relating to the User’s browsing on the Website. No personal data will be stored within the framework of statistical data policy. The Website also stores browsing information in the form of cookies. No personal data will be collected.

22 LIMITATION OF LIABILITY

Notwithstanding any other provisions of the General Terms & Conditions, the Operator makes the Website, including the Data, available to the User free of charge, with it being the User’s sole responsibility, in particular regarding the opportunity to access it, consult it and use it and its compatibility with their computer systems. The User acknowledges and accepts that the Operator shall not be liable, specifically under any circumstances, in the event of proven fault, for indirect and/or consequential damage/losses (in particular loss of profit, business interruptions, prescription of a deadline, loss of opportunity, loss of data or any other loss) resulting from the use of or inability to use the Website.

23 CORRESPONDENCE

Except where stipulated otherwise in a clause of the General Terms & Conditions, correspondence between the Operator and User may be in any written form, in particular e-mail using the e-mail address provided by the User at the time of the order or in any other document.

24 AGREEMENT ON PROOF

Notwithstanding any legal provisions to the contrary, in particular foreign provisions, pursuant to the provisions of Articles 1356 and 1368 of French civil code, the User accepts that records and backups (including the Data and all login data) created via the Website and e-mails exchanged with the Operator, as well as their faithful reproductions on microfiche, optical, magnetic, solid-state and semiconductor disks or any other equivalent medium stored by the Operator (as a whole the “Electronic Documents”), will have probative value, equivalent to a hard-copy written document signed by its author, between the User and the Operator. Thus, Electronic Documents (including their date and time) shall be considered authentic, until proven otherwise, between the User and the Operator in the event of a complaint/claim or a dispute.

25 COMPLIANCE

The User complies with all the provisions of the General Terms & Conditions without any exceptions or reservations.

26 NOTIFICATION AND CALCULATION OF TIME LIMITS

All notifications may be issued either via the Website (using the contact form) or by e-mail to the e-mail addresses agreed between the User and the Operator, or by means of an extra-judicial document, or by registered letter with an acknowledgment of receipt (including by means of a registered electronic mail with this clause and opening of the account being regarded as consent pursuant to Article L. 100 of French postal and electronic communications code), or door-to-door delivery with a signature from the recipient by a top-tier international courier.

27 GENERAL PROVISIONS

• 27.1 Tolerance

28 APPLICABLE LAW AND JURISDICTION

• 28.1 Applicable law