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General terms and conditions for the sale of offline service to professionals

 

1. About The company

NILEY EXPERTS SAS, RCS Chalon sur Saône SIRET: 89150168600010  with a capital of  50,000 euros, whose head office is at 2A Le Rouilly, 71370 Ourous sur Saône, registered in the Lyon trade and companies register under number "under construction" represented by DSGN SARL & F.GHOLD SARL  (hereinafter the "Company"). The Company offers the following services: Consulting, Expertise, Freight Forwarder.

 

2. Preamble

These General Conditions of Sale (hereinafter the "GTCS") constitute the sole basis of the commercial relationship between the parties. They frame the conditions under which the Company provides its Services to its professional customers who request it by direct means or by paper medium. They apply to all the Services provided by the Company for all customers of the same category, regardless of the clauses that may appear on a customer document, including its general conditions of purchase. They are systematically communicated to the customer who requests them. Any order implies acceptance of the GTC.

 

3. Definitions

Customer means any person who places an order by direct contact or by paper; Order means any order placed by the Customer to benefit from the services of the Company; General Conditions of Sale or GTC designate this document; Consumer means the buyer, a natural person who acts outside his professional activity; Professional means the buyer, a legal or natural person who acts in the context of his professional activity; Services means all the services offered by the Company; and Company means the company NILEY EXPERTS SAS, more fully designated in article I hereof.

 

4. Orders

Orders are placed by the Customer by direct contact or by paper. Sales of Services are made after establishing a quote for the Customer, acceptance of this quote by the Customer and express acceptance of the Order by the Company. 5. Service and price The prices are those in effect on the date of placing the Order, as established on the quote provided to the Customer or according to the scale indicated on site to the Customer. The prices are presented without taxes (HT). If the cost of the Services cannot be determined, a priori, with certainty, a detailed estimate will be given to the Customer with the method of calculating the price allowing him to verify it. With each Order, an invoice is established by the Company intended for the Customer. 

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5. Service and price

The prices are those in effect on the date of placing the Order, as established on the quote provided to the Customer or according to the scale indicated on site to the Customer. The prices are presented without taxes (HT). If the cost of the Services cannot be determined, a priori, with certainty, a detailed estimate will be given to the Customer with the method of calculating the price allowing him to verify it. With each Order, an invoice is established by the Company intended for the Customer.

 

6. Payment terms and conditions

The price is payable in time, within a maximum period of payment of 30 days following the execution of the service. Payment can be made by: Bank Transfert

In the event of total or partial default in payment of the services by the date agreed on the invoice, the buyer must pay the Company a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent on the date of ordering the Services. This penalty is calculated on the amount all taxes included of the remaining amount due, and runs from the date the price expires without any prior notice being necessary. In addition to the compensation for delay, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs. No compensation may be made by the Customer between penalties for delay in providing the services ordered and sums due by the Customer to the Company for the purchase of Services.

 

7. Provision of services

The service ordered will be provided by: The society The Company undertakes to respect the deadlines announced when placing the Order as best as possible. However, it cannot in any case be held responsible for delays in the performance of services caused due to faults which are not attributable to it. In addition, the responsibility of the Company cannot be engaged for reasons of deadline of realization in periods of high demand, such as the periods of festivals of end of year. The Company cannot be held liable for delays caused by force majeure, that is to say due to the occurrence of an unforeseeable, irresistible event beyond the control of the Company.

 

8. Complaint

For all orders placed, the Customer has a right of complaint for 30 days from the provision of the Service. To exercise this right of complaint, the Customer must send the Company, to the address contact@niley-experts.com, a declaration in which he expresses his reservations and complaints, accompanied by supporting documents relating thereto. A complaint not respecting the conditions described above cannot be accepted. The Company will reimburse and rectify the Service as soon as possible and at its expense, to the extent possible.

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9. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in article L. 221-28 of the French Consumer Code as reproduced below: "The right of withdrawal cannot be exercised for contracts: Exception to the right of withdrawal For some contracts, there is no right of withdrawal (unless the professional grants it to the consumer). This is the case for contracts: for services whose execution has started, with the consumer's agreement, before the end of the withdrawal period: For example, you sell training online, from the moment the training has started (with the consumer's agreement), he cannot exercise his right of withdrawal. 10 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period; 13 ° The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal. " To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact@niley-experts.com. It will be reimbursed for all the costs paid for the provision of services within 14 days of the Company becoming aware of its declaration of withdrawal. The reimbursement will be made by the same means of payment as that used for the purchase. However, if the provision of services has already started on the date on which the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the reimbursement. The latter will be operated by the same means of payment as for the purchase.

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10. Legal guarantees

The Services provided to Consumers are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ” Article L.217-5 of the Consumer Code: “The goods comply with the contract:

1 ° If it is suitable for the use normally expected of similar goods and, if applicable:

     - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or         model;

     - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his               representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ” Article 1641 of the French Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it not acquired, or would have given a lower price if he had known them. " The Services sold to Professionals also benefit from the guarantee provided for in article 1641 of the Civil Code. The warranty is limited to the replacement or reimbursement of non-compliant or defective Services. It is excluded in the event of improper use or abnormal use of the Service as well as in the event that the Service does not comply with the legislation of the country in which it is delivered. The Customer must inform the Company of the existence of the defects within two years. The Company will rectify the Services deemed defective as far as possible. If the responsibility of the Company is retained, the guarantee is limited to the amount excluding tax paid by the Customer for the provision of the Services. Replacing the Services does not extend the duration of the warranty.

 

11. Processing of personal data

The purchase by the Customer may result in the processing of his personal data. If the Customer refuses to process their data, they are asked to refrain from using the services of the Company. This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right to interrogate, access, rectify, modify and oppose all of their personal data by writing, by mail and proving his identity, to the following address: contact@niley-experts.com. This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the services offered on the Company.

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12. Sharing of collected data

The Company may have recourse to third-party companies to carry out certain operations. The Customer accepts that third-party companies may have access to his data to allow the fulfillment of his order. These third-party companies only have access to the data collected in the context of carrying out a specific task. The Company remains responsible for the processing of this data. In addition, the Customer may be led to receive information or commercial offers from the Company or its partners. The Customer may at any time object to the receipt of these commercial offers, by writing to the address of the Company indicated above. In addition, Customer information may be transmitted to third parties without their express prior agreement in order to achieve the following goals:

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  • respect the law

  • protect anyone from serious personal injury or death

  • fight against fraud or attacks against the Company or its users

  • protect the Company's property rights.

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13. Data protection

The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulations 2016/679 of April 27, 2016. However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.

 

14. Cookies

To allow its Users to benefit from optimal navigation on the Site and better functioning of the different interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password). The User expressly authorizes the Company to place a so-called "cookie" file on the user's hard drive. The User has the possibility to block, modify the retention period, or delete this cookie via the interface of their browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction cannot in any case constitute damage to the member who cannot claim any compensation for this fact.

 

15. Modifications The information appearing in the catalogs, prospectuses and prices of the Company are given for information only and are subject to revision at any time. The Company is entitled to make any modifications which it deems useful. When placing an Order, the Customer is subject to the stipulations set out in the General Terms and Conditions in force when placing the order.

 

16. Intellectual property

The brand, logo and graphic charter are registered trademarks, the property of which belongs exclusively to the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete without the express authorization of said company will expose the offender to civil and criminal proceedings.

 

17. Jurisdiction clause

The law governing the GTC is French law. Any dispute that may arise between the Company and a Customer during the execution of the GTCS will be the subject of an amicable resolution attempt. Otherwise, disputes will be brought to the attention of the competent courts of ordinary law.

 

18. Customer acceptance

The Customer expressly accepts the GTC. He declares that he is aware of it and renounces to avail himself of any other document, in particular his own general conditions of purchase.

 

19. Mediator's contact details

COMMISSION PARITAIRE DE MÉDIATION DE LA VENTE DIRECTE 

1, rue Emmanuel Chauvière, PARIS 75015

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