Terms of Sale
As of June 1, 2010, governed by Article L441-6 of the French Commercial Code and in accordance with Article L111-1 of the French Consumer Code..
Article 1: APPLICATION OF THE TERMS AND CONDITIONS
The Seller is defined below as LA CLINIQUE DE L'INFORMATIQUE, a website published by the sole proprietorship LA CLINIQUE DE L'INFORMATIQUE, whose registered office is located in RANSART (62173) PAS DE CALAIS: SIRET No.: 79296972700025. The Buyer is defined below as any natural or legal person, company, business, association, individual using the site LA CLINIQUE DE L'INFORMATIQUE who signs and accepts these general terms and conditions of sale. These apply exclusively to all sales concluded by LA CLINIQUE DE L'INFORMATIQUE, both on its own behalf and on behalf of its principals. All other conditions are binding on the Seller only after written confirmation from it. The information given on the site LA CLINIQUE DE L'INFORMATIQUE for catalogs, photographs, price list, notes, etc. are given for information purposes only and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies unreserved acceptance of these general terms and conditions of sale. These may be modified at any time and without notice by LA CLINIQUE DE L'INFORMATIQUE, the modifications then being applicable to all subsequent orders. LA CLINIQUE DE L'INFORMATIQUE may be required to occasionally modify certain provisions of its general conditions of sale, so we strongly advise the Buyer to reread them before each order validation. The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented in the online store LA CLINIQUE DE L'INFORMATIQUE. The Buyer is deemed to accept without reservation all the provisions set out in these general conditions of sale.
Article 2: ORDERS
Offers are valid while stocks last at our suppliers. In the event of a quote, the offer will remain valid for seven clear days unless otherwise stipulated therein. French is the only language offered for the conclusion of the order. We take the greatest care in putting online essential information and characteristics of the products, in particular thanks to technical descriptions from our various partner suppliers and photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors.
2-1: DESCRIPTION OF PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The photographs illustrating the products, in support of the text, do not enter into the contractual field. If errors have been introduced, under no circumstances can LACLINIQUE DE L'INFORMATIQUE be held liable. Each product is tested before shipping to guarantee maximum customer satisfaction. The detailed product sheet is the only contractual source. Our suppliers may change the technical composition of the products without notice. La clinique de l'informatique is at any time entitled to update, improve its technical sheets or withdraw its products and/or peripheral products from sale.
2-2: PRODUCT AVAILABILITY
In the event of unavailability of an ordered product, LA CLINIQUE DE L'INFORMATIQUE may provide a product of equivalent quality and price. Our offers are valid subject to availability from our suppliers. We undertake to inform you by email within eight clear days and to indicate a waiting time for receipt of this product in the event of availability after placing your order. In the event of partial unavailability of the products, LA CLINIQUE DE L'INFORMATIQUE may be required to split the order. Thus, the available products may be sent when all the other products are available. In the event of unavailability of a product ordered, in particulardue to our suppliers, the Buyer will be informed as soon as possible and will have the option to cancel their order. The Buyer will then have the choice of requesting a refund of the sums paid within 30 days at the latest of their payment, by check, or to wait for the availability and delivery of the products.
2-3: STEPS TO CONCLUDE THE ORDER
During each order validation, you will be directed to your account via a secure connection recalling the contents of your order. Your order will only be definitively registered after the various information has been entered and the final validation. When you register the order by selecting a payment method, the sale is deemed to be concluded. The Buyer's validation of the order constitutes an electronic signature which has the same value, between the parties, as a handwritten signature. Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures, Article 1316-1 of the Civil Code, relating to electronic signatures. (VISITE) reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
2-4: CANCELLATION OF THE ORDER
The order placed on our site LA CLINIQUE DE L'INFORMATIQUE is automatically canceled if payment is not received within 5 clear days. From the moment the Buyer has validated his order, he is considered to have knowingly accepted and adhered without restrictions or reservations to these general conditions of sale. The prices, volumes and quantities of the products offered for sale and ordered. The Buyer's order must be confirmed by LA CLINIQUE DE L'INFORMATIQUE by sending an email. The sale will only be considered final after sending this confirmation email and receipt of the full price. LA CLINIQUE DE L'INFORMATIQUE recommends that the buyer keep this information on a paper or electronic document.
Article 3: PRICE
The prices appearing on the LA CLINIQUE DE L'INFORMATIQUE website are indicated in euros (€), excluding delivery costs and any technical costs which will be indicated before the order is validated. The prices appearing on your order after its validation and registration are firm and final. If the prices decrease after your order, we will not be able to compensate you for the difference under any circumstances. If prices increase, we undertake to deliver to you at the price set on the day of the order. Prices are expressed excluding VAT. VAT is not applicable, in accordance with Article 293 B amended by Law No. 2009-1674 of December 30, 2009 - Art. 18 (V) of the General Tax Code. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments. The full amount of the order will be collected at the time of validation of the order or in the case of payment by check or bank transfer, upon receipt.
Article 4: DELIVERY
The products are delivered to the address indicated by the Buyer when ordering. The Buyer must verify the completeness and conformity of the information provided. Our delivery times are indicated in working days for information purposes only and are to be considered once the order has been validated. A delay in delivery cannot under any circumstances give rise to any compensation or penalty whatsoever. We invite you to notify us of any delivery delay exceeding seven days to allow us to initiate an investigation with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If during the investigation period the package is found, it will be sent immediately to your delivery location. During this investigation period, no refund, credit note or return of replacement goods will be made. By express agreement, a case of force majeure preventing delivery cannot be attributable to LA CLINIQUE DE L'INFORMATIQUE. The following are not considered to be cases of force majeure or exceptional events by law: strikes, total or partial work stoppages at LA CLINIQUE DE L'INFORMATIQUE or at its suppliers or service providers, epidemics, wars, requisitions, fires, floods, interruptions or delays in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. The Seller is released from all liability upon delivery. The Sellerwill keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the Buyer is up to date with its obligations towards the Seller, whatever the cause.
Article 5: TRANSPORT
Unless expressly agreed otherwise, LA CLINIQUE DE L'INFORMATIQUE freely chooses the carrier. The latter bears the risks associated with transport until delivery, i.e. until the physical delivery of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that the Buyer checks the goods upon receipt in the presence of the carrier and, if necessary, indicates in writing on the transport slip or consignment note, the reservations observed according to the procedure below. By exception, the risks and perils of transport, including loss, deterioration or theft, are the responsibility of the buyer if the latter is a professional. You must refuse delivery if the package or goods are damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, you must issue precise and detailed written reservations on the transport slip or consignment note of the carrier in the presence of the carrier or its employee (Reservations such as "subject to inspection upon unpacking" have no value). You must then send the carrier a registered letter with acknowledgment of receipt stating the reservations within three clear days following delivery. To help you with these procedures, we invite you to contact us via the Contact page. The goods accepted without reservations by the Buyer at the time of delivery and/or in the absence of a letter addressed to the carrier within three clear days, are deemed to have arrived in good condition and in their entirety. No claim can be handled by LA CLINIQUE DE L'INFORMATIQUE and its liability cannot be incurred. For any questions or difficulties you may encounter, we invite you to contact us via our contact page.
Article 6: COMPLAINTS, GUARANTEES, RETURNS
For any claim, we invite you to contact us by visiting the contact page of our site. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous references compared to the offer accepted or the confirmation of the order by the Seller, must be made to the Seller by registered letter with acknowledgment of receipt within 48 hours of receipt of the goods, without neglecting, if necessary and in accordance with article 5 of these general conditions of sale, recourse against the carrier, failing which the Buyer's right to claim will cease to be acquired. Any return of goods requires the prior agreement of LA CLINIQUE DE L'INFORMATIQUE which can be obtained via the contact page. In the absence of a return agreement, the goods will be returned to you, at your expense, risk and peril, all transport, storage and handling costs being your responsibility. The Buyer has a period of five clear days after obtaining the return agreement to return the defective goods to LA CLINIQUE DE L'INFORMATIQUE. The goods must be returned with a copy of the invoice. All defective products must be returned in their original packaging, including the entire product and its accessories accompanied by all documents, warranty card (not completed), instructions, etc. Any incomplete, damaged, damaged products and/or the original packaging will have been damaged, will not be taken back, exchanged or refunded. In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, in application of Article 35 of Law 78-23 of January 10, 1978 relating to the fight against unfair clauses on the protection and information of consumers of products and services, the provisions hereof cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee him against the consequences of hidden defects in the thing sold. The Buyer is expressly informed that LA CLINIQUE DE L'INFORMATIQUE is not the producer of the products presented on its site, within the meaning of Law L98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a product defect, only the liability of the manufacturer thereof may be sought by the Buyer. The goods that we sell as a reseller follow the manufacturer's warranty regime, which we undertake to respect after agreement from the latter. The fact of a complaintmation in no way releases the Buyer from his obligations to pay the invoice within the agreed deadlines. Any refund or credit notes will be issued upon receipt of the goods for which the dispute has been duly noted and accepted by LA CLINIQUE DE L'INFORMATIQUE. The costs incurred for the return of goods for any reason whatsoever are the sole responsibility of the Buyer. No return with postage due will be accepted. Products made according to the buyer's specifications or personalized, marking, design or any goods falling within the scope of article L121-20-2 amended by order no. 2005-648 of June 6, 2005 - art. 1 JORF June 7, 2005 in force on December 1, 2005 of the Consumer Code, will not be returned, exchanged or refunded. No claim may give rise to any compensation or penalty whatsoever.
Article 7: MARKING, DESIGN, PERSONALIZATION
In some cases, marking or personalization may be carried out in several colors. For technical reasons, the quantities delivered and invoiced may vary by + or – 10% compared to the quantities ordered. Regarding colors, please indicate the PANTONE® shade references when ordering. We specify that these may vary depending on the media and the marking technique used. The preparation of texts and designs will be invoiced to you on the basis in effect on the day of the order for different texts or designs. This invoicing is for each order or renewal of an order. This amount is fixed regardless of the number of references ordered, with the same marking. Before the final printing of the ordered products, a "Proof to Print" will be submitted to you for acceptance. Acceptance of this "Proof to Print" releases us from any liability; it allows us to check the texts and drawings before final printing. Our delivery times are only confirmed after receipt of the "Proof to Print" accepted by the buyer. We decline all responsibility for the ownership of the markings that we reproduce on behalf of the Buyer. With or without indication, it is up to the Buyer to carry out the necessary prior art searches and to ensure that it has no similarity with the existing one. Consequently, any direct or indirect damage that we may suffer due to the Buyer's failure to respect the rights of others must be borne and repaired by the Buyer.
Article 8: RIGHT OF WITHDRAWAL, RESERVED FOR INDIVIDUALS
Under the conditions provided for in Articles L121-20 et seq., amended by Law No. 2005-841 of July 26, 2005 - art. 3 JORF July 27, 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of fourteen clear days. The period mentioned runs from receipt for the goods or acceptance of the offer for the provision of services. When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires authorization, which can be obtained free of charge via the contact page of our website. The return of goods is at the expense and risk of the Buyer. However, it should be noted that the right of withdrawal may not be exercised under any circumstances for products defined within the framework of the application of Article L121-20-2 amended by Order No. 2005-648 of June 6, 2005 - art. 1 JORF June 7, 2005 in force on December 1, 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return costs, as indicated above. In the event of exercising the right of withdrawal, the Buyer has the choice of requesting either a refund of the sums paid or an exchange of the products. In the case of an exchange, reshipment will be at the Buyer's expense. In the event of exercising the right of withdrawal, La clinique de l'informatique will make every effort to reimburse the Buyer within a maximum of 15 to 30 days by check or bank transfer. No right of withdrawal may give rise to any compensation or penalty whatsoever. Personalized orders on request not available in the online catalog no longer allow the right of withdrawal or may be subject to a discount in the event of use. The right of withdrawal is exclusively reserved for individuals; it cannot be applied under any circumstances to a professional or to a holder of a SIREN number, in accordance with the law in force.
Article 9: RESERVATION OF OWNERSHIP
In application of Law No. 80-335 of May 12, 1980 relating to the effects of clausesits retention of title in sales contracts, the goods that will be delivered and invoiced to the Buyer will remain the property of La clinique de l'informatique until full payment of their price. Failure to pay may result in the reclamation of the goods by La clinique de l'informatique, the return being immediate and the goods delivered at the expense of the Buyer, risks and perils. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage that may be caused by the Buyer remain his responsibility. The Buyer undertakes, in the event of receivership proceedings affecting his business, to actively participate in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller will have the right to have the inventory recorded by a bailiff at the expense of the Buyer. The seller may prohibit the buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is the buyer's responsibility to assign the claim to us and if any payments on these claims are made, they must be forwarded to us upon receipt. To guarantee payments not yet made and in particular the balance of the Buyer's account in the seller's records, it is expressly stipulated that the right relating to goods delivered but unpaid will be carried over to identical goods from the Seller in stock at the Buyer's, without it being necessary to allocate payments to a specific sale or delivery.
Article 10: TERMINATION CLAUSE
In the event of non-compliance with one of the buyer's obligations by the latter, the sale may be terminated automatically and the goods returned to the seller if it so chooses, without prejudice to any damages that the seller may claim against the Buyer, within 48 hours after the formal notice has remained without effect. In this case, the Seller is authorized to claim a fixed compensation of 10% of the sale amount from the buyer.
Article 11: PAYMENT
Any payment made to La clinique de l'informatique cannot be considered a deposit or down payment.
11.1: PAYMENT METHODS
Payments must be made in such a way that the Seller has access to the funds on the due date shown on the invoice. Payment is made, unless otherwise stipulated on the LA CLINIQUE DE L'INFORMATIQUE website or granted to companies after reviewing their file, upon ordering: - By credit card (valid for at least one month for cash payment and six months for split payments). Banking information is entered via a secure server to ensure the security and confidentiality of the information provided during the banking transaction. - By Check (issued by a bank domiciled in mainland France). The check must be sent to Mr. GUENEZ PHILIPPE, to the following address: 35 bis rue neuve, 62173 Ransart. It must be accompanied by a copy of the email acknowledging receipt of your order. The check must be in the name of the person who placed the order. Otherwise, it must mention the order number and customer number on the back of the check. It will be cashed upon receipt. Your order will be processed from the date of receipt. - By bank transfer, to the details given to you. The costs are the responsibility of the Buyer. The computer clinic reserves the right to ask you for a bank check in the event that the amounts involved are significant. In the event that the Seller accepts payment by draft, the Buyer must return it to the Seller, accepted and domiciled, within eight clear days. The costs are borne by the Buyer; if the accepted draft is not returned within the specified period, payment will become immediately due.
11.2: LATE PAYMENT
Any payment after the set payment date may give rise to the invoicing of penalties. The amount of these penalties will be equivalent to the legal interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 points. For the year 2010, the legal interest rate being set at 0.65% (*), the calculation is as follows: 0.65% + 10 = 10.65%. Penalties are due without any reminder being necessary. They run automatically from the day following the payment date shown on the invoice or, failing that, the thirty-first day followingthe date of receipt of the goods or performance of the service. The legal interest rate will also be used with an increase of 5 points (i.e. 5.65% in 2010) for interest owed by a person convicted by a court decision and who has not complied within two months. The Buyer may never, on the grounds of a claim made by him, withhold all or part of the sums owed by him, nor make a set-off. When the Buyer is late in paying a due date in whole or in part, the Seller may, by this fact alone and without the need for prior formal notice, immediately suspend deliveries, without the Buyer being able to claim damages from the Seller. In the event of recourse through litigation, the seller is entitled to claim reimbursement from the Buyer for any costs of any kind related to the proceedings. (*) Decree No. 2010-127 of February 10, 2010 setting the legal interest rate for the year 2010
11.3: SUPPORTING DOCUMENTS
For reasons of fraud limitation, La clinique de l'informatique reserves the right to ask you to provide proof of your identity and place of residence, and the means of payment used, when accepting an order. In this case, your order will be processed upon receipt of these documents. We reserve the right to cancel your order if we do not receive these supporting documents or if we receive supporting documents deemed non-compliant.
Article 12: WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE)
For equipment excluded from the scope of Decree No. 2005-829 of July 20, 2005 relating to the composition of electrical and electronic equipment and the disposal of waste from this equipment and in accordance with Article L541-2 of the Environmental Code, it is the responsibility of the waste holder to ensure or arrange for its disposal. For equipment covered by said decree, and in accordance with Article 18 of Decree 2005-829, the organization and financing of the removal and treatment of EEE waste, the subject of this sales contract, are transferred to the Buyer, who accepts them. The Buyer ensures the collection, processing and recovery of the equipment in accordance with Article 21 of the said decree. The aforementioned obligations must be passed on by successive buyers to the end user in the EEA. Failure by the Buyer to comply with the obligations thus established may result in the application of the criminal sanctions provided for in Article 25 of Decree 2005-829 against it.
Article 13: INTELLECTUAL PROPERTY
All elements of the LA CLINIQUE DE L'INFORMATIQUE website, whether visual or audio, the texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of LA CLINIQUE DE L'INFORMATIQUE. Any copying, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent of La clinique de l'informatique. Any reproduction, even partial, of the elements of the site LA CLINIQUE DE L'INFORMATIQUE without our written consent is prohibited, in accordance with Law No. 57-298 of March 11, 1957 on literary and artistic property and Amended by Law No. 2009-669 of June 12, 2009 - art. 21 of the Intellectual Property Code. Except in the cases provided for by article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.
Article 14: DATA PROTECTION AND FREEDOM
The information requested from the Buyer is necessary for processing his order and may be communicated to the contractual partner suppliers of LA CLINIQUE DE L'INFORMATIQUE involved in the execution of this order. Through us, you may receive commercial proposals from other partner companies. If you do not wish to receive them, simply contact us on our contact page, to oppose such communication, or to exercise your rights with regard to the information concerning you and contained in the files of LA CLINIQUE DE L'INFORMATIQUE. In application of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, Consolidated version of May 14, 2009, you have the right to object (article 26), access rights (articles 34 to 38) and rectification rights (article 36) of data concerning you. Thus, you can demand that data concerning you be rectified, completed, clarified, updateds updated or deleted information about you that is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited. If you wish to exercise this right, simply write to us on our contact page.
Article 15: COMPUTER PROBLEMS
The buyer is aware of the characteristics of the internet computer network and in particular the possibility of connection interruptions, server failures, electrical problems or other problems (the list is not exhaustive). The computer clinic cannot be held responsible for the consequences of such events and will be released from any obligation towards the Buyer. No claim may give rise to any compensation or penalty whatsoever.
Article 16: PARTIAL INVALIDATION
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, decree, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 17: APPLICABLE LAW
These general terms and conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The computerized registers and files of LA CLINIQUE DE L'INFORMATIQUE shall be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. Any disputes relating to the formation, execution and termination of contractual obligations between the parties that cannot be settled amicably will be submitted to the French courts. The fact that La clinique de l'informatique does not invoke at any given time one of the clauses of these general terms and conditions of sale cannot be considered as a waiver to invoke these same clauses at a later date.
Article 18: JURISDICTION CLAUSE
For all disputes and contests, whatever their nature or cause, the consumer mediator at the web address https://cnpm-mediation-consommation.eu to which we adhere and only the competent courts will have jurisdiction, even in the event of summary proceedings, third-party claims or multiple defendants. Acceptances, drafts, mandates, and shipping conditions do not constitute novations or exceptions to this clause.