SARL D'STOCK MICRO (UNIK INFORMATIQUE Group) - Date of writing: 06/01/2020 v1.1.0
Clause 1: Purpose and parts
These conditions govern sales for the benefit of individual or professional customers, natural or legal persons under French law, or their representative, hereinafter referred to as the customer, of goods and services produced by technical sales representatives in stores or at the place ordered. by the professional client or on the place ordered by the individual client, by SARL D'STOCK MICRO (UNIK INFORMATIQUE Group) (Headquarters: 1 Zone des Pays Bas N ° 4 29510 BRIEC - Capital 6500 € - RCS QUIMPER: 504492489) , hereinafter referred to as the seller, on its own behalf and through one of its brands and on behalf of a third party. On the electronic marketplaces operated by the seller or during store operations, special conditions may apply without limiting the effect of these. The possible nullity for any reason whatsoever, of one or more clauses of these general conditions of sale, does not prejudice the application of any other clause.
Clause 2: Application
These conditions are applicable to the seller and the customer, to all sales or services offered or made by the seller. These conditions apply in addition to any particular condition mentioned on any medium without their effect being able to be reduced. These general conditions of sale do not diminish any special conditions that may apply. The applicable conditions are those in force on the date of the order.
Clause 3: Acceptance
Any order implies unreserved acceptance of these general conditions of sale. They are subject to change at any time without notice.
Clause n ° 4: Representativeness of the legal person
Where applicable, the seller considers that his client is a validly represented legal person and that any person who presents himself to the seller under this representation waives the rights granted in respect of the consumption of an individual. Conversely, the natural person choosing not to identify himself initially as representing a legal person with the seller undertakes to assume through him all of the obligations. In particular, it is not possible to modify a legal sales document header to replace a natural person with a legal person. On express agreement, the seller can then proceed to have an invoice and create a new invoice. Fixed administration fees of € 49 including tax are the sole responsibility of the client. These fees cover the accounting treatment procedures to which the seller is bound.
Clause n ° 5: Update
Regular customers are obliged at all times to refer to the current version of this document themselves, in compliance with clause 3.
Clause n ° 6: Ordering interventions under management
The seller offers interventions of technical assistance, advice and expertise, interventions in service centers, special packages, rentals. The customer can either issue an order in the format he wishes, or signify his agreement on any quote presented from the seller. These acts can be performed by email, post, fax, by completing a form available on the Internet or by simple telephone agreement.
Clause n ° 7: Execution of the order
The seller can condition any execution to the written production on the part of the customer of proof of the agreements made with the seller under article 1353 of the civil code without the seller being worried about the non-achievement inherent in the refusal of the customer. Any estimate validly presented by the seller and signed by the customer takes contractual force over all of its effect. Likewise, any order received by the seller, dated and signed, is firm and final and becomes contractual. The order is only validly received with the corresponding deposit, if applicable. In the particular case of orders taken via the Internet, these orders are firm and definitive upon receipt of validation by the third party offering the marketplace platform.
Clause 8: Payment and non-performance
Payment is due, except in the event of non-performance. In the latter case, it is up to the customer to immediately notify the seller and in any case within fifteen days of receipt of invoice, in the form of registered mail with acknowledgment of receipt to the seller's headquarters. The seller ensures that his service is provided with all the diligence and skill reasonably required by the level of service expected, and excludes any other warranty, express or implied, not stipulated in specific conditions. In the context of IT services rendered at the software level, the seller cannot be worried about tut problem executing a program implemented by a third party, or implemented by itself and running by virtue of the existence of lower level routines implemented by a third party.
Clause n ° 9: Responsibility of the seller under management
The seller cannot be held liable in the event of damage of any kind whatsoever, suffered by the user or third parties and resulting directly or indirectly from one of his services or from the use of one of his software, in particular the loss of data or any financial loss resulting from its use or the impossibility of using it, and this even if the seller has been warned of the possibility of such damage. It is up to the customer to assess the adequacy of the solution offered by the seller, as a whole, with its own objectives. The seller cannot be held responsible for infringements of French and international laws protecting intellectual property, for any work, modifications, achievements made from any element of any kind supplied by the customer such as texts, photographs, logos , images, multimedia production in the broad sense of which it would not have exclusive ownership or exploitation. In the event that the seller's responsibility is engaged as a result of a failure to comply with its obligations, whether on a contractual basis or for any other reason, its liability is limited to direct damage suffered by the customer. Any appraisal costs will be borne by the client, responsible for proving the seller's failure. The seller will in no case be required to compensate for any damage of any kind whatsoever, resulting from any malfunction of a supply from a third party, from use not in accordance with the aim sought by the publisher of any software, service, hardware or service, of any event of force majeure such as lightning or interruption of the supply of energy, of any fact which can be demonstrated to be outside the scope of its responsibilities. It is up to the natural person holding the management powers of the client legal entity to ensure the adequacy between the solutions offered by the seller and the objective pursued. Within the framework of his responsibilities during the exercise of IT expertise trade, the seller's capacity as well as his skills, are limited by the specific conditions which apply.
Clause 10: Price
The prices of the goods and services sold are those in force on the day the order is taken. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and the transport costs applicable on the day of the order. The seller grants the right to modify its prices at any time. However, he undertakes to invoice the goods ordered at the prices indicated during the registration of the order.
Clause 11: Data protection
Data collection is only carried out in the context of the application of the seller's legal obligations, as well as in the context of services ordered by the customer or in the context of the application of commercial guarantees. The data necessarily declined by the customer are his identity, his telephone number and his billing address. The data collected is only transmitted to third parties after an express request from the customer. The customer has the right to access and rectify the data collected by the seller, which he exercises with the editorial manager, from the referent manager. In accordance with article 286 of the General Tax Code, applicable on January 1, 2018, the edited invoices cannot be modified.
Clause 12: Discounts and negotiations
The proposed prices include discounts and negotiations that the seller would have to grant taking into account his results or the assumption by the customer of certain services, or commercial relations negotiated with the customer. These discounts and negotiations are confidential, a third party who comes to know about them could not benefit from this knowledge. In no case may the prices presented by the seller be able to modify the prices presented or offered elsewhere either in a physical agency or on a digital platform. Any negotiation, any discount is granted on the most restrictive perimeter. In no case may a discount granted at an instant be repeated simply as a precedent. Discounts, promotions, and other pricing offers are time-limited and only apply under specific conditions.
Clause 13: Payment terms
Payment for orders is made according to the methods specified on the invoice. The seller reserves the right to assess any dispute, if necessary, and to make any commercial gesture without being obliged to do so.
Clause n ° 14: Cancellation clause
If in the fifteene days following the formal notice to pay the customer has not paid the sums remaining due, the sale will be automatically resolved and may give rise to the right to compensation for the sole benefit of the seller.
Clause n ° 15: Reservation of ownership and intellectual and industrial property clause
The seller retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the customer is subject to receivership or liquidation, the seller reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid. In the context of respecting copyright extended to intellectual and industrial property, the seller does not grant any implied rights in its productions. The customer and the seller have the right to draw up a license agreement, marketed if necessary.
Clause n ° 16: Delivery
Delivery is made by sending a notice of availability in an agency to the customer, either at the place indicated by the customer on the order form via a carrier. The delivery time indicated when registering the order is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of products or services may not give rise to the benefit of the seller for the allocation of damages or cancellation of the order. The risk of transport is borne entirely by the buyer. In case of missing or damaged goods during transport, the buyer must make all the necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail with acknowledgment of receipt sent to the seller's headquarters. The case of software or hardware deliveries in the broad sense are governed by the following clause.
Clause 17: Recipe
The recipe is made as soon as possible by the customer, at the request of the seller represented. The time made necessary by the customer for the realization of the recipe is subject to the same billing rate as the time necessary for the realization of the service. If the recipe is impossible, it is assumed to be perfectly accomplished according to the sole expertise of the seller. The customer then has fifteen calendar days to produce any writing to the seller constituting all reservations. The seller then has fifteen calendar days to estimate the admissibility of the reservations. The seller considers the reservations inadmissible or does not respond within the time limit transfers to the customer the obligations of proof. The seller receiving the reservations implements any correction it deems necessary. The receipt implies unreserved reception of all intangible services.
Clause n ° 18: Force majeure
The seller's responsibility cannot be implemented if the non-execution or the delay in the execution of one of its obligations described herein results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause N ° 19: Confidentiality clause
As soon as a non-disclosure agreement is signed by the seller, no information and / or data concerning the client can be transmitted, communicated, resold, wholly or partially, to any third party under the terms defined by said agreement. Without agreement and at all times, the seller agrees to ensure total discretion in the context of the services ordered from him, except legal or judicial obligation.
Clause N ° 20: Obligations made to the customer
The customer scrupulously respects all the conditions of sale and services and other legal and regulatory obligations. In the event of failure by the seller, by registered letter sent to the customer's headquarters within three months, the seller is de facto released from its obligations.
Clause N ° 21: Obligations made to the seller
The seller agrees to respect, among other contractual, legal and regulatory obligations, its obligations in terms of service levels. In the absence of a contract fixing specific conditions on the level of services, the rule that applies is that of the best effort made by the seller, being his sole judge. In the event of default by the seller, the customer must immediately inform him by registered letter addressed to the head office. In the absence of a reasonable period allowing a second opinion by the seller, the failure is not noted. In the event of a noted failure, the seller implements any correction it deems necessary.
Clause 22: Competent court
Any dispute relating to the interpretation and execution of these sales is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of QUIMPER.