General conditions of sale of services between professionals on the internet
The general conditions of sale described below detail the rights and obligations of vision and its client in the context of the sale of its services.
Any service performed by vision therefore implies the buyer's unreserved acceptance of these general conditions of sale.
These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale take precedence over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all services provided by the service provider to buyers of the same category.
The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are put online.
If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order.
The supplier reserves the right to deviate from certain clauses herein, depending on the negotiations carried out with the buyer, by establishing specific conditions of sale.
These general conditions of sale are applicable until December 31, 2024.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of services offered by the service provider to the buyer. They concern the following services: Website creation, hosting and maintenance.
These conditions only concern services carried out in France for buyers located on French territory. For any service carried out outside France, or for a buyer located outside France, this should be reported to obtain a specific quote.
Article 3 – The order
The buyer places their order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking where indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance with the conditions described below.
Payment is made by direct debit.
Any order constitutes acceptance of the prices and descriptions of the services offered.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the service provider reserves the right to block the buyer's order until the problem is resolved.
If it is impossible to provide the service, the buyer will be informed by email.
The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.
Pour toute question relative au suivi d’une commande, l’acheteur doit contacter le support, 11 a.m. to 7 p.m..
Article 4 – Electronic signature
The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement and will be worth:
– due date of sums due under the purchase order;
– signature and express acceptance of all operations carried out.
En cas d’utilisation frauduleuse des coordonnées bancaires, l’acheteur est invité, dès le constat de cette utilisation, à contacter le support.
Article 5 – Order confirmation
The contractual information will be confirmed by e-mail at the latest when the services begin, to the address indicated by the buyer in the order form.
Article 6 – Proof of the transaction
The computerized records, kept in the service provider's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 – Information on services
The services governed by these general conditions are those which appear on the service provider's website and which are indicated as carried out by the service provider or under its control. They are offered within the limits of the service provider's availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the service provider cannot be held liable.
Article 8 – Price
Calculation
Unless otherwise agreed, the price of services is established according to the number and experience of the personnel required, the level of skill and responsibility necessary; hourly rates are reviewed periodically. Travel, subsistence and accommodation costs incurred for the performance of the services will also be invoiced, if applicable. VAT at the current rate is added, where applicable, to fees and disbursements. Delays or other unforeseen problems, over which the service provider has no control and which are beyond its control, may result in additional fees which may be subject to additional billing. The service provider undertakes to inform the buyer of these delays and/or problems as soon as they arise in order to be able to assess the consequences with them. Invoices will be issued corresponding to the services provided and the disbursements incurred in advance and as they are carried out. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due: upon receipt.
Late penalties
In accordance with the law, any late payment requires the service provider to charge late payment penalties. The late payment penalty rate is established on the basis of the legal minimum rate; Furthermore, the late debtor will be required to pay the service provider a fixed compensation for recovery costs of 40 Euros; Furthermore, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being considered as being attributable to it.
Deposit
Any order, as defined above, gives rise to the payment of a deposit calculated according to the following terms: 50% price. Except in cases of force majeure, any cancellation of the order by the buyer beyond a period of 7 days after the date of the order cannot give rise to the reimbursement of this provisional deposit.
Discount
The buyer benefits from discounts and rebates appearing in the service provider's prices, under the following conditions: price reduction on annual rates.
These services are not detachable from the purchase and sale operations, according to the terms determined by mutual agreement between the parties, during the commercial negotiation, depending on the nature and volume of the services provided.
Article 9 – Payment terms and deadlines
Regulations
Payment for the order is made by direct debit from the buyer's bank account. The buyer must enter their bank details in the place provided and confirm this entry by adding their IT RIB as an attachment to the order form. The service provider reserves the right to suspend all order management and delivery in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment.
The service provider reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The service provider has implemented an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send, by fax or email, to the service provider a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the service provider of the parts sent.
Term payment
The price is payable in full and in a single payment, upon receipt. This deadline will be mentioned on the invoice sent to the buyer.
Late payment
Any late payment will result in the immediate payment of all sums owed to the service provider by the buyer, without prejudice to any other action that the service provider would be entitled to take, in this respect, against the buyer. .
Article 10 – Intervention deadlines
Except in cases of force majeure or during closing periods clearly announced on the site's home page, the response times will be, within the limits of the service provider's availability, those indicated below. Execution times run from the date of registration of the order indicated on the order confirmation email.
For services carried out in mainland France, the deadline is 30 to 90 working days depending on project working days from the day following that on which the buyer placed his order.
In the event of delay, the service provider cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be claimed by the buyer.
If the service provider is unavailable to carry out the service, the buyer will be informed as soon as possible and will have the possibility of canceling their order. The buyer will then have the possibility of requesting reimbursement of the sums paid within 30 days of their payment at the latest.
Article 11 – Methods of implementation
The implementation only begins after confirmation of payment by the service provider's banking organization.
It is provided within the time limit provided on the order form, from receipt by the service provider of the order form.
In the event of non-compliance with the payment conditions set out above, the seller may suspend or cancel the service.
The service is carried out at the address indicated by the buyer on the order form. The buyer must ensure its accuracy. Any trip that is lost by the service provider due to an incorrect or incomplete address will be invoiced to the buyer. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
Article 12 – Obligations of the service provider
The service provider's commitments constitute an obligation of means at the end of which the services will be carried out in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, the service provider will assign to the execution of the services professionals with the skills required to ensure their completion in accordance with its quality standards.
Article 13 – Obligations of the buyer
In order to facilitate the proper execution of the services, the buyer undertakes:
- to provide the service provider with complete, accurate information and documents within the necessary time limits without being required to verify their completeness or accuracy;
- to make decisions on time and obtain the necessary hierarchical approvals;
- to designate a correspondent invested with decision-making power;
- to ensure that key contacts and the correspondent are available throughout the performance of the services;
- to directly notify the service provider of any possible difficulty relating to the performance of the services.
Article 14 – Information and advertising
The buyer acknowledges and agrees:
- that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents by electronic mail circulating on the Internet;
- that neither party has control over the capacity, reliability, access or security of these emails;
- that the service provider cannot be held responsible for any loss, damage, costs or harm caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by any event whatsoever. In general, the parties undertake to respect the regulations applicable to the protection of personal data and in particular the provisions of law 78-17 of January 6, 1978 relating to data processing, files and freedoms.
Article 15 – Intellectual property
In the event that one of the service provider's recommendations or the use of elements delivered following one of its recommendations involves the use of goods, models, drawings, photographs, etc. being the subject of intellectual property rights belonging to third parties, the service provider will inform the buyer of the existence of these rights and the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating on his own account the rights of use under conditions such that the service provider is able to comply with them. prevail for the purposes of benefits.
For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.
In certain cases, this aid may be made available to the buyer and upon his request. To the extent that these tools have been developed specifically for the needs of the service provider and without consideration of the specific needs of the buyer, they are made available to the buyer during the duration of the contract as is and without any guarantee. attached, for simple use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any transfer of rights or guarantee, whatever the title, for the benefit of the buyer or that of the third party.
The service provider reserves all right, title and interest in:
- the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, etc. carried out as part of the services, including without limitation, any copyright, registered trademark and any other intellectual property right relating thereto;
- all methods, processes, techniques, developments, and know-how whether or not incorporated into the services or which the service provider would be required to develop or provide as part of the services.
The buyer may, without geographical limitation, free of charge and irrevocable, use internally and for the duration of copyright protection, the elements designed by the service provider and integrated into its work. The buyer is prohibited from distributing, marketing, and more generally from making available or granting the use of these same creations and more generally from granting the use of these same elements to third parties without the agreement of the service provider.
Neither party may mention or use the name, designation, brands and logos or other designations, commercial or not, of the other party without the prior written agreement of the latter. By way of derogation from the above, the service provider may use the name, designation, brands and logos of the buyer during the contract to the extent that is strictly necessary for the performance of the services, including in proposals for subsequent services. Furthermore, the buyer authorizes the service provider, at the end of the performance of the services, to quote his name/denomination as a reference and accompany this quote, if necessary, with a generic description of the services performed.
Article 16 – Documents
The service provider will keep the original documents given to it, and will return them to the buyer, upon request. All documents, data or information that the buyer has provided will remain his property.
The service provider will keep a copy of only the documents necessary for the creation of its work files.
The working documents prepared as part of the services are our property and are covered by professional secrecy.
Article 17 – Independence
In the event that a conflict of interest or a problem of independence arises during the execution of the services, the service provider will immediately inform the buyer and will seek with him the solution most suited to the situation in the compliance with applicable rules. More particularly, if a change in regulations or professional standards prohibits the service provider from continuing its services, it will make available to the buyer the results of the services as well as all documents necessary for their finalization, including its Documents in state, in order to facilitate the pursuit by a third party.
Article 18 – Responsibility of the service provider
The entire liability of the service provider and that of its employees relating to any failure, negligence or fault, noted during the performance of the services, will be capped at the amount of the fees paid for the services in question, in order to cover claims of any nature (interest and costs included), regardless of the number of actions, grounds invoked, or parties to the disputes.
This provision shall not apply to any liability for death or personal injury, or to any other liability which the law prohibits from excluding or limiting.
The service provider's liability can only be incurred in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any nature whatsoever.
Furthermore, the service provider cannot be held liable in the following cases:
- following a failure or deficiency in a product or service whose supply or delivery is not the responsibility of it or its possible subcontractors;
- for facts and/or data which do not fall within the scope of the services, and/or which are not an extension of them;
- in the event of use of the results of the services, for a purpose or in a context different from that in which it took place, of incorrect implementation of the recommendations or of failure to take into account the reservations of the service provider.
The service provider is not responsible for its insurers or for indirect damage, for loss of profit or loss of opportunity or expected profits, nor for the financial consequences of actions possibly brought by third parties against the buyer.
Article 19 – Guarantee
The service provider guarantees the buyer against any lack of conformity of the services and any hidden defect resulting from a defect in the design or provision of said services to the exclusion of any negligence or fault of the buyer.
In any event, in the event that the service provider is held liable, the service provider's guarantee will be limited to the amount excluding tax paid by the buyer for the provision of the services.
Article 20 – Transferability and subcontracting
The service provider reserves the right to transfer all or part of the execution of the services to service providers meeting the same qualification requirements.
If the service requires specific technical skills, the service provider will inform the buyer of the possibility of subcontracting part of it. The subcontractor will then act under the sole responsibility of the service provider and will undertake to keep confidential all information of which it becomes aware during the provision of services.
Article 21 – Complaints
All complaints, whether amicable or legal, relating to the performance of the services must be made within one year of the end of the performance of the service.
Article 22 – Right of withdrawal
The buyer being a professional purchasing within the framework and for the needs of his profession, there is no reason to apply the right of withdrawal provided for by the Consumer Code.
Article 23 – Force majeure
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 24 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.
Article 25 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 26 – Title
In the event of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 27 – Protection of personal data
Data collected
The personal data collected on this site are as follows:
account opening: when creating the user account, their name; first name ; email address ; Phone Number ; address ;
connection: when the user connects to the website, the latter records, in particular, their first and last name, connection data, usage data, location data and payment data;
profile : the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
payment : as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
communication : when the website is used to communicate with other members, data concerning the user's communications are subject to temporary retention;
Cookies : Cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.
Use of personal data
The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– offering the user the possibility of communicating with other users of the website;
– implementation of user assistance;
– personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
– prevention and detection of fraud, malware (malicious software) and management of security incidents;
– management of possible disputes with users;
– sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes, in the free comment areas of the website, information accessible to the public;
– when the user authorizes a third party’s website to access their data;
– when the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data. staff ;
– if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and legal procedures;
– if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: [email protected]
- The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- The right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
- The right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
- The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
- The right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.
Article 28- Applicable law
These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute which may arise from the provision of services.
If they are unable to do so, the parties will submit the dispute to the competent commercial court.
