Ust.Id.-Nr : ---
Aktienkapital : 5 000 CAD
Handelsregisternummer : ---
Strasse: 104-215 RENE-A-ROBERT
PLZ: J7E 4L1
Ort: STE-THERESE (QC)
Tel: +1 (514) 980-4086
E-mail : email@example.com
Geschäftsführer: M. Frédéric COUPPEY
Verantwortlicher Inhalt: M. Frédéric COUPPEY
Verantwortlicher Programmierung: WPLINE
Infomaniak Network SA
Registre du commerce du canton de Genève : CH-660.0.059.996-1
Numéro IDE : CHE-103.167.648
N° TVA : CHE-103.167.648
Kontakt: Rue Eugène Marziano 25 – 1227 Les Acacias (GE)
General Terms and Conditions of Sale
a) The sales of the company CHAMBRELAN are made exclusively to the present general conditions of sale.
b) Any deviation from these conditions must have been expressly accepted and mentioned in writing on the acknowledgement of receipt of the order.
c) The information contained in the Company’s catalogues, prospectuses and tariffs, as well as the declarations of the Company’s sales representatives and technicians, are for information purposes only.
d) Any firm order accepted by our Company implies, for the buyer, the unconditional acceptance of these general conditions of sale which cancel all clauses and stipulations printed on the orders or on the correspondence of the buyers.
e) Unless expressly agreed otherwise in writing,
– CHAMBRELAN does not accept any order cancellation for any reason whatsoever.
– CHAMBRELAN does not take back its sold goods.
a) The delivery times relating to the acceptance of the order, as well as those mentioned in the offer, are only indicative and any delays do not entitle the customer to cancel the sale, refuse the goods or claim damages.
b) CHAMBRELAN does not accept in any way any penalties for delay.
c) Claims must be duly written on the proof of delivery. Otherwise we will not be able to intervene.
a) Prices are invoiced in accordance with the rate in effect on the day of delivery. They may be modified in the event of regulatory changes or significant changes in transport costs.
b) Unless otherwise agreed in writing, the CHAMBRELAN prices are always exclusive of tax, departure from CHAMBRELAN stores and carriage and packaging at the buyer’s expense.
c) For any order, a minimum chargeable of 100€ HT per delivery will be applied.
d) For all products manufactured to drawing, a minimum amount per delivery of €300 excl. tax will be applied.
e) Any certificates requested will be invoiced in addition, for each delivery rate.
f) Administration costs may be applied.
a) The place of payment is CHAMBRELAN Le Havre regardless of the method of payment. Bills of exchange, bills of exchange, free shipping, etc., do not provide any derogation from the place of payment.
b) Unless otherwise agreed by us, all our goods are payable at 30 days end of month on the 15th net and without discount, from the date of invoice.
c) In the case of a first case, payment is made by cheque with the order net and without discount.
d) In accordance with the provisions of Article L441.6 of the French Commercial Code, any delay in payment will automatically give rise, in addition to late payment penalties set at five times the legal interest rate, to additional invoicing for collection costs. This will be calculated on the basis of the actual costs incurred (postage, lawyer, etc.) plus a flat-rate fee of at least 150 euros.
e) Any return of an unpaid bill of exchange shall automatically entail, at the buyer’s expense, late payment compensation set at 20% of the amount of the unpaid invoice as a PENAL CLAUSE.
5/ RECEPTION, GUARANTEE
a) In the absence of having notified the CHAMBRELAN Company, before installing the said goods, of any relative reserves other than those resulting from the transport, the customer shall be presumed to have waived all claims and shall not be entitled to claim any apparent defects and defects of the goods.
(b) In general, the operation of the guarantee will be governed by the following rules:
– The warranty granted by CHAMBRELAN is strictly limited to the supply or replacement of defective goods.
– As this is a wear part whose service life is determined by the correct assembly and use of the product, CHAMBRELAN does not guarantee any service life for its products.
– The warranty only applies to the normal use of our Company’s equipment in accordance with its instructions.
– The warranty will only apply in cases where our Company’s technical services acknowledge after examination of the defective part that the defect is not due to negligence or modification attributable to the buyer.
– CHAMBRELAN shall in no event be liable to the buyer or any other person for any loss or damage resulting directly or indirectly from the use of the goods, or for any commercial prejudice that may result therefrom. CHAMBRELAN therefore does not accept any charges whatsoever in the event of a defect.
– CHAMBRELAN does not accept any administrative charges for any reason whatsoever.
6/ INSTALLATION, MAINTENANCE
a) The customer shall be fully responsible for the installation and maintenance of the equipment by specialized personnel who shall comply with the manual and, more generally, with the best practices in this field. The customer will be fully responsible for the equipment for which he/she is responsible for installation, operation and maintenance. In particular, he must obtain all authorizations, licences and certificates necessary for the installation, use and disposal of the equipment.
b) CHAMBRELAN does not assume any obligation regarding the installation and maintenance of the equipment.
c) The customer is not liable to CHAMBRELAN for any damage resulting from the defective assembly or installation of the goods.
7/ INTELLECTUAL PROPERTY, PATENTS
a) CHAMBRELAN reserves the right to intervene in court or otherwise in any action brought against any of its customers based on an infringement of a patent, design, process or trademark belonging to it, the said customer must, under penalty of mandatory damages, call CHAMBRELAN as collateral.
b) The tools, plans, studies that CHAMBRELAN may create for the production of special parts remain the property of CHAMBRELAN even if a contribution to the costs of studies or tools has been requested from the customer.
8/ RESERVATION OF OWNERSHIP
a) Ownership of the goods sold shall not be transferred until full payment of the price has been made. However, the risk of damage, loss or theft of the goods shall be transferred to the buyer upon delivery. The buyer will therefore have to take out all the necessary insurance to cover these risks.
9/ FORTUITOUS CASES OF FORCE MAJEURE
a) CHAMBRELAN is released from its obligations for any fortuitous event or force majeure. The following events are considered as such: strikes and lockouts affecting CHAMBRELAN or its suppliers. The customer will not be able to invoke such events to cancel his order. The quantities ready for delivery at the time of the event must be accepted by the customer and paid for.
10/ GENERAL PROVISIONS, JURISDICTION
a) In the event of a dispute, the court at the registered office of CHAMBRELAN shall have sole jurisdiction, even in the event of a warranty claim.
General terms and conditions of use
Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal person, who visits the Site that is the subject of these general conditions.
Services and Services: Chambrelan makes available to Clients:
Content: All the elements that make up the information on the Site, including texts, images and videos.
Customer information: Hereinafter referred to as „Information (s)“ which corresponds to all personal data that may be held by Chambrelan for the management of your account, customer relationship management and for analysis and statistics purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: „Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies“ (article 4 of law n° 78-17 of 6 January 1978).
The terms „personal data“, „data subject“, „subcontractor“ and „sensitive data“ have the meaning defined by the General Data Protection Regulations (GPDR: No. 2016-679)
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the Chambrelan website are informed of the identity of the various parties involved in its development and monitoring:
Owner: SAS CHAMBRELAN Share capital of €1,300,000 VAT number: FR 74 356 501 049 – 68 Bd Jules Durand – BP 995 76061 LE HAVRE
Publication manager: M. COUPPEY – firstname.lastname@example.org
The publication manager is a natural person or a legal entity.
Host: Infomaniak Network SA
Data Protection Officer: M. COUPPEY – email@example.com
2.General conditions of use of the site and the services offered
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations.
The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by Chambrelan, which will then endeavour to inform users in advance of the dates and times of the intervention.
The Chambrelan website is regularly updated by Chambrelan. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become aware of them.
3. Description of the services provided.
The purpose of the Chambrelan website is to provide information about all the company’s activities.
Chambrelan strives to provide as accurate information as possible on its sites. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.
All the information indicated on the Chambrelan website is given for information purposes only, and is subject to change. In addition, the information on the Chambrelan site is not exhaustive. They are given subject to modifications that have been made since they were put online.
4. Contractual limitations on technical data.
The website cannot be held liable for any material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a state-of-the-art browser.
The Chambrelan website is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulations (RGPD: n° 2016-679)
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance, infrastructure improvement, infrastructure failure or if the Services and Services generate traffic deemed abnormal.
Chambrelan and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
Chambrelan is the owner of the intellectual property rights and holds the user rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, unless prior written authorization from Chambrelan.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L. 335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
Chambrelan acts as the publisher of the site. Chambrelan is responsible for the quality and veracity of the Content it publishes.
Chambrelan cannot be held liable for direct and indirect damage caused to the user’s equipment when accessing the Chambrelan website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Chambrelan cannot also be held liable for indirect damages (such as loss of market share or loss of opportunity) resulting from the use of the Chambrelan website.
Interactive spaces (possibility to ask questions in the contact area) are available to users. Chambrelan reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, Chambrelan also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
7. Persons responsible for collecting personal data.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulations (GDPR: n° 2016-679).
7.1 Responsables de la collecte des données personnelles
For Personal Data collected in the context of creating the User’s personal account and browsing the Site, the person responsible for processing Personal Data is: CHAMBRELAN. Chambrelan is represented by Mr COUPPEY, its legal representative
As the controller of the data it collects, Chambrelan undertakes to comply with the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality.
Whenever Chambrelan processes Personal Data, Chambrelan takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which Chambrelan processes it.
7.2 Purpose of the data collected
Chambrelan is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services and 0services ordered by the user: connection and use data of the Site, invoicing, order history, etc
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed)
- to improve navigation on the Site: login and usage data
- to conduct optional satisfaction surveys on Chambrelan
- to conduct communication campaigns
Chambrelan does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with the European regulations in force, Chambrelan Users have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users‘ data right to block or delete Users‘ personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (Article 13(2)(c) GDPR)
- right to limit the processing of Users‘ data (Article 18 GDPR)
- right to object to the processing of Users‘ data (Article 21 GDPR)
- the right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 GDPR)
- right to define the fate of Users‘ data after their death and to choose to whom Chambrelan should communicate (or not) its data to a third party they have previously designated
As soon as Chambrelan becomes aware of the death of a User and in the absence of instructions from him, Chambrelan undertakes to destroy his data, unless their storage is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how Chambrelan uses his Personal Data, requests to rectify them or objects to their processing, the User may contact Chambrelan in writing at the following address:
CHAMBRELAN – DPO, M. COUPPEY
68 Bd Jules Durand – BP 995 76061 LE HAVRE.
In this case, the User must indicate the Personal Data that he or she would like Chambrelan to correct, update or delete, by identifying himself or herself precisely with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on Chambrelan by law, in particular with regard to the conservation or archiving of documents. Finally, Chambrelan Users can file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
Chambrelan will not process, host or transfer Information collected on its Customers to a country outside the European Union or recognized as „not adequate“ by the European Commission without first informing the customer. Nevertheless, Chambrelan remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Regulations on Data Protection (RGPD: n° 2016-679).
Chambrelan undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to Chambrelan’s attention, Chambrelan must inform the Customer as soon as possible and inform him of the corrective measures taken. In addition, Chambrelan does not collect any „sensitive data“.
The User’s Personal Data may be processed by subsidiaries of Chambrelan and subcontractors (service providers) exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to Chambrelan Users‘ data are mainly our customer service agents.
7.5 Types of data collected
With regard to users of a Chambrelan Site, we collect the following data, which are essential to the operation of the service, and which will be kept for a maximum period of 13 months after the end of the contractual relationship:
Identification, contact details (postal, telephone and digital) personal and professional
Chambrelan also collects information that improves the user experience and provides contextualized advice:
Identification, contact details (postal, telephone and digital), consultation history
This data is kept for a maximum period of 13 months after the end of the contractual relationship
8. Incident notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security.
If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the Chambrelan site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of Chambrelan and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the Chambrelan site.
Safety and security
To ensure the security and confidentiality of Personal Data and Personal Health Data, Chambrelan uses networks protected by standard devices such as firewalls, encryption and passwords.
When processing Personal Data, Chambrelan takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links „cookies“ and internet tags
The Chambrelan site contains a number of hypertext links to other sites, set up with the authorization of Chambrelan. However, Chambrelan has no possibility of verifying the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
9.1. « COOKIES »
A „cookie“ is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter „Cookies“). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies do not risk damaging the User’s terminal in any way.
Chambrelan is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows Chambrelan to improve the content of the Site and the User’s navigation.
Cookies facilitate the navigation and/or provision of the services offered by the Site, the User may configure his browser so that he can decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User may also configure his browser software in such a way that the acceptance or rejection of Cookies is offered to him from time to time, before a Cookie is likely to be saved in his terminal. Chambrelan informs the User that, in this case, not all the functionalities of its navigation software may be available.
If the User refuses to accept cookies in his or her device or browser, or if the User deletes cookies registered there, the User is informed that his or her browsing and experience on the Site may be limited. This could also be the case when Chambrelan or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.
If applicable, Chambrelan declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by Chambrelan, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Chambrelan to record or consult the Cookies necessary for their operation because of the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to find out how the User can change his or her cookie preferences.
At any time, the User may choose to express and modify his or her wishes regarding Cookies. Chambrelan may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on any icons dedicated to networks such as Twitter, Facebook, Linkedin or Google Plus on the Chambrelan Site or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or the Chambrelan mobile application, Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent, by continuing to browse the Website or Chambrelan’s mobile application. At any time, the User may nevertheless withdraw his consent for Chambrelan to deposit this type of cookie..
9.2. INTERNET TAGS
Chambrelan may occasionally use Internet tags (also known as „tags“, or action tags, single-pixel GIF, transparent GIF, invisible GIF, invisible GIF and one-to-one GIF) and deploy them through a web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows Chambrelan to evaluate visitors‘ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for Chambrelan, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute related to the use of the Chambrelan website is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is conferred on the competent courts of the HAVRE.