Article 1 – LEGAL NOTICES
Anphos, SASU to the capital of 2000 euros, registered with the RCS of Paris under the number 898 393 301, whose head office is located at 39 rue de l'Abbé Grégoire, 75006 Paris, represented by Antoine Godard duly authorized, hereinafter referred to as the “Provider”.
The individual VAT number of the Operator is: FR92898393301.
The Service Provider's Customer Service can be contacted between 10 AM and 5 PM, from Monday to Friday by:
- phone: +33 (0)7 81 27 64 15
- email: [email protected]
Article 2 – SCOPE OF APPLICATION
The purpose of these general conditions of sale (the "General Conditions") is to define and govern the contractual relationship between the Service Provider and any professional (a "Client") wishing to benefit from the services offered.
The provision of the services offered to Customers is subject to the prior acceptance without restriction or reservation of these General Conditions.
The General Conditions are made available to Customers and can also be communicated to them on simple request by any means.
The General Conditions are applicable subject to any stipulation to the contrary appearing on the estimate or to specific conditions, if any, concluded between the Company and the Customer concerned.
Article 3 – DESCRIPTION OF SERVICES
The estimate provides an exhaustive list of the services offered, hereinafter referred to as the “Services”.
The Services presented on the estimate are each the subject of a description mentioning their essential characteristics. This description may include details, photographs and graphics which are provided for illustrative purposes only and may be modified/updated by the Service Provider.
Article 4 – TERMS OF SERVICES
Any Customer wishing to fully benefit from the Services must:
- have full capacity and act for strictly professional purposes;
- confirm their acceptance of the General Conditions.
Each Client guarantees the sincerity and accuracy of the information provided for the purposes of their services, undertakes to notify any subsequent modification and guarantees that the said information does not infringe the rights of third parties.
The Service Provider reserves the right to cancel the services of any Customer who has provided incorrect information.
Article 5 – PURCHASES
Any Customer wishing to benefit from the Services must:
- confirm their acceptance of the General Conditions;
- confirm their acceptance of the purchase of the Services;
- choose their method of payment;
- make the payment of the deposit for the Services.
Unless expressly provided, the Customer may not modify his order after having validated it, which will be firm and definitive.
Upon receipt of payment for the Services included in the order, the Service Provider will send the Customer an email confirming his order to the email address provided by the latter.
The order confirmation email summarizes the essential characteristics of the Service(s) ordered, the total price and any other relevant element.
By placing an order, the Customer expressly accepts that the Service Provider sends him an invoice electronically. However, he may obtain a paper invoice by sending his request to Customer Service.
To combat fraud, the Service Provider or his payment or delivery service providers may request additional supporting documents from the Customer or contact the Customer at the time of acceptance and/or shipment of the order. In the event of the Customer's unjustified refusal to deliver the information and/or supporting documents requested, the Service Provider reserves the right not to accept or to cancel the order without this being the subject of any dispute.
The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Services, with whom there is a dispute relating to the payment of a previous order or which would present an abnormally high level of purchases.
Article 6 – TARIFF CONDITIONS
The Services are provided at the Service Provider's rate in effect on the day of the order, expressed in euros and excluding taxes.
In case of specific services:
- A deposit of 50% of the total price of the Services is invoiced by the Service Provider and payable to the Customer on the day of the signature of the estimate, the balance being invoiced and payable at the end of the provision of the Services.
In case of sequential successive services:
- The Services are invoiced and the price is due in full and payable in cash on the day of the order for the contractual period to come.
The price is firm and cannot be revised during the period of performance of the Services, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code.
However, the Service Provider reserves the right to modify its prices at any time for any Services subscribed to after this modification.
Any price reductions, rebates and discounts may apply to the Services under the conditions provided for in any document communicated to the Customer. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotion period.
In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without prior written agreement between the Service Provider and the Client. Any suspension, deduction or set-off made unilaterally by the Customer will be treated as a payment default and will entail all the consequences of late payment.
Furthermore, it is expressly agreed that the Customer is validly put in default to pay by the sole existence of a cause of action, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right in particular, without any compensation being due to the Client, to:
- demand the immediate payment of all sums due for the Services, these becoming immediately payable regardless of their due date;
- refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of the commitments;
- impute any partial payment firstly to the non-privileged part of the debt and then to the sums for which payment is the oldest;
- reduce, suspend or cancel access to the Services,15 days after formal notice which has had no effect, issued by the Service Provider to the Client;
- apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code;
- and/or demand the payment of a fixed indemnity of €400 for recovery costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums still due to him, without prejudice to the repair of any damage actually suffered.
Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied
Article 7 – PAYMENT METHODS
The Customer expressly acknowledges that any order placed is an order with payment obligation, which requires the payment of a price against the provision of the Service ordered.
Orders can be paid for using one of the following payment methods:
- Payment by credit card: payment is made directly on the secure banking servers of the Service Provider's bank. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment via these bank cards is made in cash, without discount;
- Payment by electronic wallet (Paypal type): the Client already has an account on the electronic wallet used by the Service Provider. The Customer can use this account and pay for his order securely without communicating his bank details.
- Payment by bank transfer: the Customer can pay for his order by bank transfer. When ordering, the Service Provider will communicate the details of the account to which the transfer will be made, as well as the order reference to be indicated in the transfer order.
If necessary, the order validated by the Customer will only be considered confirmed when the Service Provider has been able to ensure the validity of the payment.
Article 8 – OBLIGATIONS OF THE PROVIDER
The Service Provider undertakes to implement all the due diligence required for the performance of the Services and its obligations under these General Conditions and/or any other documentation which may be concluded with the Clients, in compliance with the legislative provisions and regulations and third-party rights.
The Service Provider declares that he has the skills, experience and means necessary to provide the Services, and will assume full responsibility both for the performance of the Services and for the organization of the work of his staff, if applicable.
The Service Provider publishes the Services and hosts the content put online by the Clients. The Service Provider acts as a technical service provider and does not carry out any checks on the legality, accuracy, quality or sincerity of the content put online by the Clients under their responsibility.
Consequently, the Customers acknowledge the Service Provider's status as host of the Services within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
However, the Service Provider undertakes to promptly remove any manifestly illegal content that is brought to his attention, in particular when the existence of such content has been notified to it by a Client under the conditions provided for by the applicable regulations.
In addition, the Service Provider strives to ensure access to and proper functioning of the Services 24 hours a day, seven days a week.
The Service Provider cannot, however, exclude that access to and operation of the Services may be interrupted, in particular in the event of force majeure, malfunctions of the Customers' equipment or Internet network, failure of telecommunications operators, interruption of electricity supply , abnormal, illicit or fraudulent use of the Services by a Customer or a third party, decision of the competent authorities, or for any other reason.
The Service Provider also reserves the right to make any modifications and improvements to the Services of its choice related to technical development or proper functioning.
General and temporary interruptions of the Services will, as far as possible, be notified before they occur, except when these interruptions are of an emergency nature.
Article 9 – OBLIGATIONS OF THE CUSTOMER
Each Customer undertakes to access and use the Services fairly and in accordance with the laws in force and these General Conditions.
The data and information communicated or put online by the Customers must be exact, sincere and fair and will be communicated under their sole responsibility.
More generally, each Customer undertakes to:
- ensure compliance, in all circumstances, with the legal, social, administrative and tax obligations applicable to his professional status;
- not modify, during the performance of the Services, their nature or their terms of supply, except with the prior written consent of the Service Provider;
- pay the price of the Services under the conditions provided herein;
- not disseminate illegal content or content that has the effect of diminishing, disorganising, slowing down or interrupting the normal circulation of data on the Services;
- immediately report to the Service Provider any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive or fraudulent use of the Services of which it becomes aware.
In the event that a Customer is responsible for an infringement of the legislation in force or an infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), any information allowing or facilitating the identification of the offending Client.
Article 10 – COMPLAINTS
In the event of non-performance or defective performance of the Services, the Client must notify the Service Provider and formulate its grievances and reservations within thirty (30) calendar days following the date on which it becomes aware of it, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days following the Customer's initial notification.
In the absence of an amicable settlement under the aforementioned conditions and in the event of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Conditions under the conditions provided for in Article 17 and obtain, where applicable, damages from the Service Provider for the purposes of repair the damage suffered, the Customer renouncing in advance to seek forced performance in kind of the Services by the Service Provider or a third party or a proportional reduction in the price, by express derogation from the provisions of Articles 1221, 1222 and 1223 of the Civil Code.
Article 11 – RESPONSIBILITY OF THE PROVIDER
The Service Provider is bound by an obligation of means in respect of the provision of the Services.
Each Customer declares to be informed of the constraints and limits of Internet networks and may in no case hold the Service Provider liable for malfunctions in access to the Services, the speed of opening and consulting the pages of the Services, the temporary or permanent inaccessibility of the Services or fraudulent use by Customers or third parties of the Services.
The responsibility of the Service Provider cannot be engaged either:
- in the event of breach of any obligation resulting from a fortuitous event or an event of force majeure within the meaning of article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, stoppages work, social unrest, factory closures, floods, fires, production or transport failure not due to his personal fault, disruption of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Company from perform its obligations properly;
- in the event that the information, data, instructions, directives, materials or media communicated by the Customer are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the behavior, a breach or default by the Client;
- in the event that certain services or functionalities are not accessible due to a deactivation by a Customer of cookies via the interface of the navigation software;
- in the event that the functionalities of the Services prove to be incompatible with certain equipment and/or functionalities of a Customer's computer equipment.
Each Customer is also responsible for the content and information imported, stored and/or published on the Services and undertakes not to use any technical measure likely to allow the circumvention of the technical protection measures put in place by the Service Provider with a view to to avoid any fraudulent use of the Services.
Each Customer also takes under his sole responsibility all the measures likely to ensure the integrity and the safeguard of all his data, files and documents and renounces to seek the responsibility of the Service Provider in the event of damage to the data, files or any other document that he could have entrusted to the Service Provider in the context of the use of the Services.
More generally, each Customer also undertakes to guarantee the Service Provider against any complaint, claim, or opposition and more generally against any proceedings that may be brought against it as a result of the use that the Customer may have made of the Services.
In any event, the Service Provider incurs no liability for any indirect or immaterial damage or prejudice such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of exploitation, damage or commercial disturbance or damage to image, which could result from the defective provision or the absence of provision of the Services.
The Service Provider's liability may not exceed an amount equal to the price excluding tax collected from the Customer for the provision of the Services during the last twelve (12) months.
In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Customer against the Service Provider is reached by the limitation period at the end of a period of one (1) year following the date on which the Customer concerned has knowledge or is presumed to have had knowledge of the harmful event.
Article 12 – RECORDING SYSTEMS
The computerized registers, kept in the computer systems of the Service Provider and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Clients and the Service Provider. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer acknowledges the evidentiary value of the automated registration systems of the Services and declares that they waive the right to contest them in the event of a dispute.
Article 13 – PERSONAL DATA
Article 14 – HYPERTEXT LINKS
The hypertext links available on the Services may refer to third-party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Services and will then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
In any case, the existence of a hypertext link to the Services from a third-party site or on the Services to a third-party or partner site cannot engage the liability of the Service Provider for any reason whatsoever and in particular as to the availability, content and products and/or services available on or from this third-party or partner site.
Article 15 – INTELLECTUAL PROPERTY
The Service Provider is the sole owner of all content present on the Services, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, site structure and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the content of the Services may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorization of the Service Provider, and the Customer is solely responsible for any unauthorized use and/or exploitation.
In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Services, as well as any use of software, robots, data mining systems and other collection tools of data is strictly prohibited for Customers.
However, the Service Provider grants to Customers, subject to compliance by the latter with these General Conditions, a non-exclusive and non-transferable right to access the content present on the Services of which it holds full ownership, to download and print them in for personal, non-commercial use.
Conversely, each Client expressly authorizes the Service Provider to reproduce, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content, by any means or process, for the purposes of exploitation, improvement, verification, promotion, marketing, advertising or within the framework of setting up partnerships. This non-exclusive, transferable and sublicensable license is valid worldwide, royalty-free, for the duration of the Customer's registration or until the content is deleted from his account.
Article 16 – DURATION - SUSPENSION - TERMINATION
In the event of a one-off sale or in application of special conditions, these General Conditions are concluded for the duration of the provision of the Services, as mentioned where applicable in the special conditions or in the order form.
In the event of sale with successive execution, the present General Conditions are concluded for an initial duration of1 an. In the absence of denunciation of these General Conditions within a period of3 months preceding the end of this initial term, the provision of the Services and the General Conditions are tacitly renewed for a new period of duration equivalent to the initial term, under the pricing conditions in force on the date of the renewal.
The Service Provider reserves the right to suspend a Client's access to the Services permanently or temporarily, in the event of breach by the said Client of its obligations resulting from these General Conditions.
In addition, the Service Provider or the Client may terminate the General Conditions automatically in advance by sending a written notification:
- in the event of the occurrence of a case of force majeure as referred to in Article 11 above;
- after having notified the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within a period of fifteen (15) days (when it is possible be remedied) following written notification indicating the nature of the breach and the need to remedy it.
Article 17 – CONFIDENTIALITY
During the term hereof, each party may become aware of or receive confidential information, documents and/or data about the other party. As a result, each party undertakes, both in its own name and in the name of its employees for whom it is acting strongly, to preserve the strict confidentiality of all confidential information, documents and/or data of any kind in connection with the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the contractual relations established.
This confidentiality agreement of the parties is valid both for the duration hereof and for a period of two (2) years following their expiration or termination.
Article 18 – NOTIFICATIONS
Any written notification or summons required or permitted under the stipulations hereof will be validly given if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change of contact details of a party for the purposes hereof must be notified to the other party in the manner provided above.
Notifications sent by hand or by hand will be presumed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be deemed to have been made on the date of their first presentation to the recipient's address. Notifications made by email will be deemed to have been made on the date the email is sent.
Article 19 – AUTONOMY AND ABSENCE OF WAIVER
If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not to be writing and the other stipulations would remain in force.
The fact that the Service Provider does not take advantage, temporarily or permanently, of one or more stipulations of the General Terms and Conditions shall in no case constitute a waiver.
Article 20 – MODIFICATION
The Service Provider reserves the right to modify at any time and without notice the content or location of the Services and these General Conditions.
Any use of the Services following a modification made to the General Conditions will imply acceptance by each Customer of the said modifications.
When the modifications made to the General Conditions are considered by the Service Provider as substantial, these will be brought to the attention of the Customers by e-mail and must be accepted by the latter.
Article 21 – DISPUTES
Disputes that may arise in the context of the contractual relationship established between the Client and the Service Provider must be resolved, as far as possible, amicably.
In the absence of an amicable settlement within a period of one month from the referral of one of the parties, all disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the court of Paris.
Article 22 – APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Conditions and the resulting operations are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.