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Recitals:
The present General Conditions of Sale govern the relations
between the company VIOLLEAU SARL, designated hereinafter
by the term “Seller,” and paying users or Clients, designated
hereinafter by the term “Client.”
BIOMATDEV is the business name of the company VIOLLEAU
SARL and is a trade name filed with the Institut National
de Propriété Intellectuelle PARIS on 01 December 2006 under
National Number: 06 34 66 738.
The company VIOLLEAU SARL editor and advertising agency
of the professional site (BtoB) www.biomatdev.com.
Purpose
These General Conditions of Sale define the legal framework
of the subscription contracts on company data sheets, product
data sheets, free write-ups and all other services proposed
by the Seller on the biomatdev.com site.
Conditions on order taking
The technical design of the site allows the Client full
autonomy in the area of commercial registration, and this
in all operations necessary for its presence from obtaining
an identification number to the insertion of information,
texts and photos in the various sections where he wishes
to be present: company directory, technical sheets, mini-site,
etc.
It is thus provided for that the Client can carry out operations
he judges useful twenty-four hours a day by making additions
or corrections of information he wishes to see appear.
Thus, the order can be issued only through the Internet
site, either by securitised payment with Visa card or by
bank transfer.
Placing an order entails full acceptance of the General
Conditions of Sale and of the General Conditions of Use
of the site.
Acknowledgement of receipt of the order will be issued
by the Seller automatically in the following format: e-mail.
The order will be considered definitively accepted only
subject to verification of conformity of the order with
the General Conditions of Sale and with the General Conditions
of Use of the site and subject to validation of payment
by the banking institution.
An invoice is then sent to the Client specifying the order
placed on the biomatdev.com site.
Seller’s Obligations
The Seller shall execute the order in application of the
Client’s request as quickly as possible.
Clients Obligations
The Client states that he is acting on behalf of a legal
entity.
He states that he guarantees the exactness, accuracy and
completeness of the information transmitted, and in particular
the legal information, contacts and coordinates given.
In case of change or removal of certain information sent
to the Seller in the course of the contract and necessary
for this contract, whether or not this information is intended
for publication, the Client shall communicate it to the
Seller and/or integrate it forthwith into the pages that
concern him.
The Client shall insert the information necessary for completing
the order, such as this information is defined at the time
the order is placed, within a reasonable period of time.
Liability
The Seller declines all liability with regard to temporary
shutdown of the site, temporary inaccessibility of the servers,
loss of data and acts of computer malevolence (virus, attempts
at piracy, etc.).
However, the Seller shall implement all means necessary
in order to prevent the risks mentioned above and, if the
case arises, shall make haste to resolve the problems generated
by these defects.
Force majeure – Accidental case
Considered to be accidental cases or cases of force majeure
which relieve the Seller of all obligation to act are strikes,
civil or foreign war, riots, acts of terrorism, total or
partial destruction of premises and installations, disturbances
to the telephone or on the network affecting the Seller
or its subcontractors.
Transfer of the contract
Participants are not authorised to transfer all or part
of their rights resulting from the contractual relation
with biomatdev.com to third parties.
Termination of the contract
The contract is subject to termination ipso jure:
- By the Seller: in the event of failure by the Client
to observe the General Conditions of Sale or the obligations
resulting therefrom, and in particular non-payment of the
price of the service provided, supplying inaccurate or immoral
information or failure by the Client to respect the rules
of French law. The Seller is authorised to suspend the contract
for one (1) month in the event of non-compliance with the
General Conditions of Sale, particularly if the information
provided is inaccurate. If the situation is not regularised
by the Client, le contract shall be terminated ipso jure
at the close of this period.
Suspension or termination of the contract can be notified
by the Seller by any means (e-mail, fax, letter);
In the event of termination of business by the Seller.
- By the Client: in the event of failure by the Seller
to observe the General Conditions of Sale or the obligations
resulting therefrom.
Termination of contract is notified by registered letter
with acknowledgement of receipt two (2) months at the latest
prior to the anniversary date of the contract;
In the event of termination of business by the Client.
In the event of termination of contract, the Seller shall
remove, on request made within one (1) month following termination
of the contract, data representing the presence of the Client
on the site www.biomatdev.com. Termination of all or part
of the services by the Client shall not result in reimbursement
of the sums collected by the Seller. All sums collected
by the Seller for purchases of services or for any other
services provided by the Seller will not be reimbursed.
Advance payments will not be reimbursed by the Seller. The
Seller will be entitled to terminate the subscription for
services without prior notice subject to informing the Client
thereof.
The Client will not be entitled to claim damages from the
Seller.
Price
Prices applicable for the current year are available on
the biomatdev.com site.
Payment
Payment is due in cash, the Client being the sole, exclusive
and permanent operator of its presence down to the last
detail on the biomatdev.com site.
Property
Intellectual Property
The Seller remains owner of the formats, graphs, programs
and other features developed for the services and structurally
attached to the biomatdev.com site.
All information inserted by the Client included in the
contract remains fully in the ownership of the Client.
Protection of data
Data which is established or transmitted to the Seller
shall be kept and exploited by the Seller, but cannot be
transmitted to third parties.
The Seller saves on a regular basis the data which is transmitted
to it. However, the Seller cannot be held responsible for
losses of Clients’ data saved in the data bases present
on the servers of its host.
The biomatdev.com site is declared to the [French] National
Data Processing and Liberties Commission under number:
1218411
Information concerning you is intended for www.biomatdev.com.
It will never be transmitted to third parties. You have
a right of access, modification, correction and removal
of data concerning you (article 40 of law no. 78-17 of 6
January 1978 known as the law “Data Processing and Liberties”).
Disputes
The present General Conditions of Sale form the legal
framework of the relations between the Seller and the Clients
and are considered accepted once the Client subscribes for
one of the Seller’s services. Not accepted by the Seller
are any General Conditions of a Client which are contrary
to or divergent from the present General Conditions of Sale.
In case of provisions in the General Conditions of Sale
that run counter to the General Conditions of Sale, the
latter shall prevail. In case of provisions in the General
Conditions of Sale and Subscription that run counter to
the Specific Conditions attached to a service, the latter
shall prevail.
Should one of the provisions of the present General Conditions
of Sale prove to be totally or partially in opposition with
the governing law, it shall be considered unwritten, the
other clauses of the present General Conditions of Sale
maintaining their full force and effect.
In the event of a dispute arising out of application of
these General Conditions of Sale or, more generally, out
of the Purpose of the contract, the parties pledge to reach
an amicable agreement. Otherwise, the dispute shall be brought
before the courts of law of the place where the Seller’s
registered offices are located.
Clause of assignment of competence – Power of jurisdiction
Relations between the Client and the Seller are governed
exclusively by and in agreement with the laws of France.
The Commercial Court of Soissons (France) alone is competent
to hear any disputes whatsoever that might arise from the
present General Conditions and from the contracts to which
they apply.
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