General terms of sale
ARTICLE 1 - DÉFINITIONS
* CUSTOMER: professional of ORGANIC and the natural products (to know of the producers and actors of ORGANIC eager to make appear on its only and single responsibility on the www.bioalaune.com gate its stand or virtual space allowing him to present its coordinates, its activities, its structures, products, services and promotional offers and which thus subscribed for this purpose with the ORGANIC limited liability company Headlines a contract of subscription)
* Net surfer: natural person or morals who will contract with the CUSTOMER for his products and/or services and/or who will consult her stand or virtual space
* Graphic charter: graphic element of recognition of the mark such as in particular logo, colors associated with the mark
* Hyperlinks: bond Internet integrated on space vituel dedicated of the exhibitor returning towards another Internet site
* Trader site: site of product sales and or on-line services,
ARTICLE 2 - SERVICES
The limited liability company “Bio à la une.com”, whose head office is currently located
33 rue Benoit Malon - 92150 SURESNES, have as an aim the creation of a permanent national living room of all the actors of the ORGANIC market and natural products on Internet network.
The limited liability company “Bio à la une.com” offers to the CUSTOMERS two types of services:
1- Creation and technical development of a stand or virtual space according to the graphic charter of the CUSTOMER provided this one transmits to the limited liability company “Bio à la une.com” all information and elements necessary.
2- Lodging of a stand or virtual space of the CUSTOMER on the www.bioalaune.com gate
, this stand or spaces having been created by itself or a third, which must correspond to the pre-necessary techniques and graphs of the www.bioalaune.com gate which can require of the CUSTOMER all modifications necessary.
ARTICLE 3 - APPLICABILITY OF THESE GENERAL TERMS OF SALE
The present general terms of sale govern the relationship between the limited liability company “Bio à la une.com” and the CUSTOMER which accept them expressly as well as the modifications whose they could be the object.
They prevail on all other conditions, in particular those of the CUSTOMER, subject to the particular conditions of sale which could be subscribed by agreement written between “Bio à la une.com” and the CUSTOMER, expressly aiming one or more exemptions from the present conditions.
In the event of renewal of the contract signed with the CUSTOMER, this one agrees to be subjected to the general terms in force at the day of the renewal.
The limited liability company “Bio à la une.com” reserves the right to modify these general terms of sale constantly and these changes will take effect once published on the web site.
ARTICLE 4: DURATION OF THE CONTRACT - CANCELLATION AND NOTICE
The contract of subscription is concluded for one limited duration from one year.
The CUSTOMER will not be able to break the contract of subscription before the term of the one year period, so that the price of the subscription for 12 months is completely due even if the CUSTOMER wishes, for this period, not to be reproduced more on the www.bioalaune.com gate.
Passed this one year deadline, the contract of subscription will be renewed by renewal by tacit agreement per 12 months period.
It could then be denounced constantly by the CUSTOMER subject to the respect of a one month notice by mail recommended with acknowledgment of delivery addressed to the limited liability company “Bio à la une.com” - 33 rue Benoît Malon - 92150 SURESNES. The cost of the subscription will be due throughout all notice.
The limited liability company “Bio à la une.com” will be able, without prejudice to its rights and actions in payment of the price and/or damages, to terminate the service contract concluded with the CUSTOMER by the sending from a registered letter with acknowledgment of delivery, without another formality, summation or procedure in the following cases:
- non-payment in the term of whole or part of the sums which had by the CUSTOMER at the limited liability company “Bio à la une.com” under the services ordered, after an injunction sent by mail recommended with acknowledgment of delivery, and remained without effect, in whole or part, during EIGHT (8) days as from its date of presentation,
- inexecution total or partial by the CUSTOMER of any obligation to his load (in particular validation of models, description of process or functionalities of the www.bioalaune.com gate) after an injunction sent by mail recommended with acknowledgment of delivery, and remained without effect, in whole or part, during EIGHT (8) days as from its date of presentation.
This cancellation will take fixe day bill of sending of the letter informing the CUSTOMER of the cancellation.
In all the cases, and without prejudice to grounds for appeal which will be open for him, the sums already paid by the CUSTOMER at the limited liability company “Bio à la une.com” will remain to him sure as damages.
ARTICLE 5: ORDER AND TIMES
Any order placed by the CUSTOMER at the limited liability company “Bio à la une.com” for a subscription with the www.bioalaune.com gate is obligatorily formalized by the signature of a purchase order.
The order can be place in the following way by the CUSTOMER:
- is by e-mail with the following address: contact@bioalaune.com
- is by postal mail with the following address: Limited liability company “Bio à la une.com” 33 rue Benoît Malon - 92150 SURESNES
- by telefax in N° 01 77 72 91 50 for submission to the limited liability company “ORGANIC Headlines are” to be final and to engage the parts, the order must be accepted expressly by the limited liability company “Bio à la une.com”. The materialization of the acceptance of the limited liability company “Bio à la une.com” will be done by the sending with the CUSTOMER of e-mail of confirmation.
The CUSTOMER must make sure of the validity of the address e-mail which it mentions on the purchase order.
The confirmation of order by the limited liability company “Bio à la une.com” is subordinated to the existence of a certification detailed near the following organizations: AB, ECOCERT, COSMEBIO.
In its confirmative e-mail, the limited liability company “Bio à la une.com” requests from the CUSTOMER either the transmission of his stand or virtual space already created, or the elements allowing the limited liability company “ORGANIC Headlines” to create the aforementioned stand or space.
That is to say the stand or virtual space is already created: the limited liability company “Bio à la une.com” proceeds then to the setting on line of this one two business days after the reception of the data and of the pre-necessary techniques and graphs. This 2 business days deadline runs only if the file given to the limited liability company “Bio à la une.com” is complete.
In the absence of respect of these conditions and times, the limited liability company “Bio à la une.com” is in right to require of the CUSTOMER the modification of the stand or virtual space and to diffuse it only once this one will be in conformity in all points with the charter concerned herebefore.
That is to say the stand or virtual space must be created by the limited liability company “Bio à la une.com”: this one will proceed to the setting on line 4 business days after the reception of all the elements requested for creation. This time runs only if the file given to the limited liability company “Bio à la une.com” is complete.
And/or creation and/or delivery and/or the setting lead times on line mentioned above are given only as an indication, which the CUSTOMER recognizes and accepts, and thus do not constitute a time of rigor.
Consequently, the limited liability company “Bio à la une.com” will not be able to see its responsibility engaged by the CUSTOMER in the event of delay for creation and/or production and/or delivery and/or put on line.
The delay taken on these indicative deadlines does not constitute either a reason for cancellation of order and right to the profit of the CUSTOMER neither to the payment of any allowance of some nature gives that it is nor with the application of late penalties.
The CUSTOMER recognizes and accepts expressly that the order is not suitable any more for modification and/or cancellation after acceptance by the limited liability company “Bio à la une.com” of the purchase order, i.e. as from the dispatch date of the confirmative e-mail of the limited liability company “Bio à la une.com”.
The conditions of offers and tariffs of the www.bioalaune.com gate have one period of validity expressly mentioned on the purchase order and the CUSTOMER thus admits being informed of it.
The tariff applicable to the contract of subscription for the one year duration is that existing at the day when the order placed by the CUSTOMER. In the event of renewal of the subscription by renewal by tacit agreement, i.e. last the one year deadline, the new tariff possibly in force at the day of the renewal will be applicable what the CUSTOMER accepts expressly.
Article 6: SPACE OR THE VIRTUAL STAND:
The creation and the technical development of the space or the virtual stand of the CUSTOMER are the invoicing object distinct from the invoicing of the subscription.
The cost of the services of design and/or realization of a virtual space does not understand the transfer by the limited liability company “Bio à la une.com” of its rights of representation and reproduction on this virtual space. The paid price by the CUSTOMER at the limited liability company “ORGANIC Headlines” gives right a use of the stand or virtual space for one unlimited period and without acquisition of licenses, whatever the number of users of the www.bioalune.com gate.
If the stand or space is created by the limited liability company “Bio à la une.com”. the CUSTOMER has seven (7) days as from the delivery to carry out all the tests which he will judge useful to make sure of the good performance of delivered space. At the end of this time, without remark, written dispute or comment, the stand or virtual space famous will be accepted without exception nor reserve by the CUSTOMER.
Within the framework of its services of creation and development of the virtual stand or space, the limited liability company “Bio à la une.com” is held only with obligations of means.
ORGANIC limited liability company the “With the UNE.COM” could be held for person in charge of no damage, trading loss or shortfall possibly undergone by the CUSTOMER because of design and/or a dysfunction of the stand or space.
The limited liability company “Bio à la une.com” could be held for person in charge only of the direct damage resulting from a proven fault. In this case, the compensation for such a damage will not be able to exceed THIRTY PERCENT
(30%) of amount HT of the sums invoiced with the CUSTOMER with the title of the order concerned and boxed by the limited liability company “Bio à la une.com”.
The attention of the CUSTOMER is drawn to the fact that it is not always possible to identify with certainty the origin of a hardware and/or software dysfunction. If a dysfunction made available of the limited liability company “Bio à la une.com” by the CUSTOMER does not come from the elements provided by its care, the limited liability company “Bio à la une.com” will inform the CUSTOMER at once of it. The limited liability company “Bio à la une.com” will then be released from its responsibility.
ARTICLE 7 - INVOICING - MODES OF PAYMENT
- by taking away: the customer must sign an authorization of taking away and send his bank account number to the limited liability company “Bio à la une.com”
- by credit transfer on the bank account of the limited liability company “Bio à la une.com” open in the books of the CIC Suresnes - 13, Esplanade of Courtieux 92150 Suresnes, referred:
Code banks Code Numéro counter of
count Clé bank account number
30066 10909 00020009001 61
International identification (IBAN)
International identification of the bank (BIRO)
FR76 3006 6109 0900 0200 09,161 CMCIFRPP
- by that can be compensated check in France made out in euros and bench with the order of the limited liability company “Bio à la une.com”: it is essential to defer on the back of check the number allotted to the order and to address it to the limited liability company “Bio à la une.com” 33 rue Benoît Malon - 92150 SURENES the payment of the order are always intended in term to fall. It can be carried out monthly, semi-annually or annually, the choice having to be made by the CUSTOMER at the time of the sending of his order.
The first payment will have to be carried out the day of the setting on line of the stand or the space which will be confirmed by e-mail of the limited liability company “Bio à la une.com” with the CUSTOMER to which will be enclosed the invoice to regulate.
In the absence of payment at the time of the setting on line of the site and/or at the limit agreed upon, (either 1st of each month, or the 1st day of the six-month period, or the 1st day of the year), the sums due will be raised of a post maturity interest equal to the interest rate of Central Bank Européenne for her operations of refinancing raised of 10 points immediately exigible, without a recall not being necessary.
The late penalties will be exigible the following day from the date required for the payment.
ARTICLE 8 - RIGHTS AND OBLIGATIONS OF THE LIMITED LIABILITY COMPANY “ORGANIC HEADLINES”
The acceptance of an order is subordinated to the respect of the conditions of creation, development and/or lodging of the stand or virtual space such as definite herebefore and in the condition which the CUSTOMER fills the conditions required (in particular certification near organizations AB, ECOCERT, COSMEBIO, respect of the pre-necessary techniques and graphs of the www.bioalaune.com gate) the limited liability company “Bio à la une.com” has of a right to watch and control on the space created by the CUSTOMER himself or a third and can require all modifications necessary to the setting in accordance with the pre necessary techniques and graphs of the www.bioalaune.com gate However, the limited liability company “ORGANIC Headlines” by its www.bioalaune.com gate is not an editor sinceit never intervenes intellectually on the contents of the stands or virtual spaces.
Within the framework of its services, the limited liability company “ORGANIC Headlines” is held only with obligations of means.
Throughout its service, the limited liability company “Bio à la une.com” is held to maintain it (S) personal (S) necessary (S) to carry out the ordered service.
Article 9 - OBLIGATIONS OF the CUSTOMER
Prior to beginning of any service, the CUSTOMER is held to provide to the limited liability company “Bio à la une.com” according to the service to be carried out, all the elements useful and necessary to the limited liability company “Bio à la une.com” to conclude his mission, such as for example, without this list being restrictive:
- the existing graphic charter,
- the visual ones to integrate according to the formats specified by the limited liability company “Bio à la une.com”
- texts to be integrated,
Throughout service, the CUSTOMER is held to maintain
(S) personal (S the) necessary one (S) to frame the project (see a steering committee if need be) and to make so that the limited liability company “Bio à la une.com” always has an interlocutor likely to bring an answer as soon as possible.
Within the framework of the use of his virtual space, the CUSTOMER in particular commits himself complying with the following rules:
* To conform to the laws in force and to respect the rights of the thirds as well as the present provisions.
* Not to disseminate untrue information or contents
* Not to disseminate information or contents contravening the rights of others or matter defamatory, abusive, obscene, offensive, violent or incentive with violence, policy, racist or xenophobe, discriminatory and, in a general way, very contained contrary with the object of the limited liability company “Bio à la une.com”, with the laws and payments in force or the moralities.
In the event of failure by the CUSTOMER with one or more of these rules, the limited liability company “Bio à la une.com” reserves the right to exclude the CUSTOMER concerned, to remove the litigious messages automatically, to prevent the publication of all, and/or to block its access to whole or part of the services, in a temporary or final way, without any counterpart.
ARTICLE 10 - LIMITATION OF RESPONSIBILITY
This article cumulates with the limitations of responsibilities already mentioned previously.
The limited liability company “Bio à la une.com” plays only one part of intermediary between the CUSTOMER and the Net surfer.
The www.bioalaune.com gate proposes only to the CUSTOMERS to be made known of the public as an indication.
Criticisms deposited by the Net surfers engage the only responsibility for their author.
The contained informations in the stands or virtual spaces present on the www.bioalaune.com gate are provided by the CUSTOMERS and the limited liability company “Bio à la une.com” cannot in no case to guarantee their exactitude and their completeness nor that the access to the site will not be stopped or without error.
Thus, the limited liability company “Bio à la une.com” is not responsible at all for the contents of the stand or virtual space for the CUSTOMER (information, names, images, photographs or others) nor of quality for the products and proposed services as well as practiced prices and conditions.
The limited liability company “Bio à la une.com” will not be able to thus see its responsibility engagéeà the regard for the CUSTOMER and/or the Net surfer.
In the same way, the limited liability company “Bio à la une.com” cannot be held responsible for the contents diffused by a member likely to contravene the rights of one or more other members.
The limited liability company “Bio à la une.com” cannot be held responsible deséventuels litigations occurring between the CUSTOMER and the Net surfer.
The responsibility of the limited liability company “Bio à la une.com” is not either committed with regard to the contents of Internet sites accessible through hyperlinks included in virtual space from the CUSTOMER.
The installation of these bonds does not mean approval by the limited liability company “Bio à la une.com” of the contents of the aforesaid sites. The limited liability company “Bio à la une.com” cannot carry out a control of the contents permanently of the aforesaid sites, and cannot thus guarantee exactitude, reliability, the relevance, the update, or the exhaustiveness of their contents nor their access and technical good performance.
Consequently, the responsibility of the limited liability company “Bio à la une.com” could not be retained in the event of possible litigation between a trader site referred on the www.bioalaune.com gate and a User.
The limited liability company “Bio à la une.com” could not be held responsible for a delay or a failure in the execution of its obligations in the event of major force, which famous will be suspended throughout emergency as from the dispatch date to the CUSTOMER by the limited liability company “Bio à la une.com” of the notification of this emergency. An emergency gets along of any unforeseeable, external and irresistible event, including, without this list being restrictive, fire, the floods, the strikes and social conflicts, the war, lesémeutes, the embargoes, the earthquakes, the blockades, prohibitions to export, the interventions of governmental authorities or soldiers and all restrictions of legislative or lawful origin.
ARTICLE 11: PERSONAL DATA DATA PROTECTION OF THE CUSTOMERS
Certain required information is announced necessary for the treatment and the execution of the requests of the CUSTOMER. Others are useful to know it and improve the services which can luiêtre suggested.
The files of personal data and the treatments whose they are the object are declared near the National Commission of Data processing and of Freedoms (CNIL) of which we comply with the rules scrupulously the number of declaration is the 1355840.
The data processing personal is done in the respect of the relative law to Data processing, the files and Freedoms of January 6th, 1978.
The limited liability company “Bio à la une.com” commits itself respecting the confidential character of all the information transmitted by the CUSTOMER for the needs for the services which it carries out within the framework of its missions.
The CUSTOMER has of a right of access and correction with the personal data relating to it by contacting the limited liability company “Bio à la une.com” with e-mail with contact@bioalaune.com or postal mail at limited liability company “Bio à la une.com” 33, rue Benoît Malon, 92150 Suresnes.
The CUSTOMER is informed that “cookies” record certain information of the Net surfers who are stored in the memory of the hard drive of the CUSTOMER. This information is useful, to generate statistics of audience of the site and to offer products and services according to the preceding visits. A message of alarm can require of you, au préalable, if you wish to accept the “cookies”, which you can of course refuse. It is also possible to configure your navigator to accept or refuse the “cookies” www.bioalaune.com constantly. These “cookies” do not contain confidential informations concerning the CUSTOMER.
ARTICLE 12 - INTELLECTUAL PROPERTY:
If it is the limited liability company “Bio à la une.com” which will have created space or the virtual stand, the marks, the logos, the graphics, the photographs, the animations, the videos and the texts contained on Internet site www.bioalaune.com are the intellectual property the limited liability company “Bio à la une.com” or of its partners and cannot be reproduced, used or represented without the authorization express of the limited liability company “Bio à la une.com” under penalty of legal proceedings.
The rights of use are conceded with the CUSTOMER by the limited liability company “Bio à la une.com” only under digital form for purposes of visualization of the pages consulted by the browser.
The paper impression is authorized for purposes of private copy to the exclusive use of the copyist within the meaning of the L122-5-2° article of the Code of the Intellectual property. Any other use is prohibited to you without the authorization of the limited liability company “Bio à la une.com”.
Are in particular prohibited the fact of modifying, of copying, of reproducing, of downloading, of diffusing, of transmitting, of exploiting commercially and/or of distributing some way that they are the services, the pages of the www.bioalaune.com site, or the data-processing codes of the elements composing the services and the www.bioalaune.com site.
The CUSTOMER expressly authorizes the limited liability company “Bio à la une.com” to modify the aforementioned contents to respect the graphic charter of the www.bioalaune.com site or other supports of communication concerned above and/or to make them compatible with his technical performances or the formats of the supports concerned.
Article 13: LITIGATION - DUTY APPLICABLE TO THE RELATIONS WITH THE CUSTOMER
All the relations of some nature which they are between the limited liability company “Bio à la une.com” and the CUSTOMER are controls exclusively by the French right just as the present general terms. The language applied is the French language in the event of dispute on the significance of a term or a provision of these use and conditions of sale. Subject to the provisions of law and order applicable as regards jurisdictional competence, the courts of the Hauts de Seine (92) will be qualified to only know of any litigation relative to present, including, without this enumeration being restrictive, their validity, their interpretation, their execution and/or their cancellation and his consequences.
























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