Article 1-Seller's Designation
This EPUPI.TECH site is edited by: Acep France S.A. a public limited company with a board of directors, with a capital of 255,584.14 euros, whose head office is seated at 88 Rue Jouffroy d'Abbans 75017 Paris whose trade and companies register number is: RCS Paris 395,000 540 and the SIREN: 39500054005. — WWW.EPUPI.TECH firstname.lastname@example.org — intra-EU VAT number FR65395000540
Article 2- General provisions relating to these terms and conditions of sale (hereafter the T&C) 2. 1. Object of the T&C THE T&C are applicable exclusively to the online sale of ACEP FRANCE products on the PUPX.TECH website (hereafter the Site) whose access is free and without charge to any Internet user. However, products and services sold on the Site are reserved for the health professional. 2. 2. T&C application area The T&C exclusively govern the online sales contracts of ACEP FRANCE's products and services (hereafter the Seller) to purchasers who are a health professional or engaged in a paramedical activity in a professional capacity (hereafter the Health Professional) and constitute, with the online order, contractual documents applicable to the parties, excluding any other documents, prospectuses, catalogues or photographs of products that have only an indicative value. THE T&C are exclusively applicable to products and services delivered to Health Professionals around the world. The T&C are written as well as all the contractual information mentioned on the Site in French and English-language. However, only the French Version alone is binding.
2. 3. Availability and opposability of T&C The T&C are made available to Health Professionals on the Seller's Site where they are directly searchable and can also be communicated to them by request by phone, email or mail. The T&C are enforceable against the Health Professional who acknowledges, by checking a box provided for this purpose, having been aware of it and having accepted them before ordering. The validation of the order by its confirmation by the purchaser has the effect to make enforceable the T&C on the day of the order whose preservation and reproduction are ensured by the Seller in accordance with Article 1127-2 of the Civil Code.
2. 4. Changing T&C The Seller reserves the right to modify his T&C at any time. In the event of a change in the T&C, the applicable T&C are those in effect on the date of the order, a copy in effect at the date of the order may be given to the Seller at the Seller's request.
2. 5. Clauses des T&C The nullity of a contractual clause does not result in the nullity of the T&C unless it is a determining clause that has led one of the parties to enter into the sale contract. The Seller's temporary or permanent non-application of one or more T&C clauses cannot be justified in waiving the other clauses of the T&C that continue to produce their effects.
3. 1. Characteristics The products and services offered for sale presented in the catalogue published on the Site are each described in reference to their essential characteristics. Photographs illustrating products and services are not contractual document.
3. 2. Compliance The products comply with current requirements for the safety and health of persons, the loyalty of commercial transactions and the protection of health professionals subject to compliance with the health safety guidelines applicable in the country of use of the product.
3. 4. Stock availability The products are offered and delivered within the limits of available stocks. If the product ordered is unavailable, the Seller immediately informs the purchaser and can offer a product of equivalent quality and price or, failing that, a voucher of the order amount that can be used for any future order. If the purchaser disagrees, the Seller refunds the sums paid within 1 month. Apart from the refund of the price of the unavailable product, the Seller is not required to pay any cancellation compensation unless the breach of the contract is personally attributable to him.
Article 4- Price
4. 1. Sale price The selling prices are indicated, for each of the products or services in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and charged in addition. The total amount owed by the purchaser is shown on the order confirmation page. The selling price of the product or service is the one in effect on the day of the order. The selling price of the products does not include the shipping costs charged in addition to the price. In the event of price promotion in a country, the Seller undertakes to apply the promotional price to any order placed during the advertising period made for promotion in that country.
4. 2. Changing The Seller reserves the right to change its prices at any time, while guaranteeing the Health Professional the application of the price in effect on the day of the order.
4. 3. Costs The additional costs of transport, delivery, or postage (to which must be added the other possible costs incurred by the Seller), which the customer was able to read before the order, are fixed on the purchase order.
Article 5- Offer
5. 1. Area of expertise Online offers presented on the Site are reserved for Health Professionals.
5. 2. Duration Online offers presented on the Site are valid, in the absence of any indication of a specific duration, as long as the products and services are included in the electronic catalogue and within the limit of available stocks.
5. 3. Acceptance The acceptance of the offer by the Health Professional is validated, in accordance with the double-click process, by the confirmation of the order.
Article 6- Order
6. 1. Contract closing steps To order, the Health Professional, after filling out his virtual shopping cart by indicating the selected products and the desired quantities, then clicks the "Order" button and provides the delivery and payment method information. Before clicking the "Confirm order" button, the Health Professional has the option to check the details of their order and its total price and return to the previous pages to correct any errors or possibly change their order. Confirmation of the order leads to acceptance of the T&C and forms the contract. An email acknowledging receipt of the order and payment is sent by the Seller as soon as possible.
6. 2. Order modification Any change of order by the Health Professional after confirmation of his order is subject to the acceptance of the Seller. The Seller reserves the right to make changes to the ordered product that are related to technical developments.
6. 3. Validating the order The Seller reserves the right to refuse any order for legitimate reasons and especially if the quantities of products ordered are abnormally high for purchasers with the quality of Health Professionals.
Article 7- Contract
7. 1. Conclusion The sales contract is formed at the time the Seller sends the confirmation of his order.
7. 2. Archive and evidence The archiving of communications, purchase orders and invoices is carried out on reliable and sustainable support in such a way as a faithful and lasting copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
7. 3. Resolution The order can be resolved by the purchaser by registered letter with acknowledgement of receipt or by a letter on another durable medium in case of: — delivery of a product that does not conform to the declared characteristics of the product. — delivery exceeding the deadline set in the purchase order or, in the absence of such a date, within thirty days of the conclusion of the contract, after the Seller has been ordered, on the same terms and without result, to make the delivery within a reasonable additional time. The order can be resolved by the Seller in case the purchaser refuses to take delivery. In this last case, the price paid by the purchaser remains acquired by the Seller as compensation.
Article 8- Payment
8. 1. Due The price is due in full after the order is confirmed.
8. 2. Securing payment The Site has an online payment security system that allows the Seller to encrypt the transmission of his bank data.
Article 9- Delivery
9. 1. Definition Delivery refers to the transfer to the Health Professional of the physical possession or control of the property or the activation of the Application, previously downloaded from an application store,with the codes provided at the end of the completion of the order.
9. 2. Delivery time The Seller undertakes, in accordance with the delivery deadline indicated on the Site for each product, to deliver the products within 30 days after completion of the order.
9. 3. Delayed delivery When the ordered product is not delivered or the service is not provided on the date or expiry of the time mentioned on the purchase order, the purchaser may, after unsuccessfully instructing the Seller to carry out his delivery obligation within a reasonable additional time, resolve the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.
9. 4. Delivery location The products are delivered to the address indicated by the customer on the purchase order.
9. 5. Delivery terms Delivery is made by the direct delivery of the product to the purchaser or, failing that, by sending a notice of availability to the purchaser. Within a fortnight of the notice of availability, the purchaser must proceed with the retirement of the ordered product. In the absence of a retirement within the specified time, the Seller may, after a notice to the purchaser, which has been left ineffective, proceed with the withdrawal, resolve the order as a matter of law and retain the price paid as compensation. When the product is delivered to the address indicated on the purchase order by a carrier, it is up to the purchaser to check in the presence of the carrier’s employee the condition of the product delivered and, in case of damage or missing, to issue reservations on the delivery order or on the transport receipt, and, possibly, to refuse the product and notify the Seller.
9. 6. Product compliance If the product does not comply with the order, the purchaser must make a complaint to the Seller in order to obtain the replacement of the product or, possibly, the resolution of the sale.
9. 7. Unavailability of products In case of unavailability of products on delivery, the Seller can offer, under the conditions of Article 3-4 of the T&C, a product equivalent in its quality and price.
9. 8. Delivery failure The total failure to deliver will result in the full resolution of the sales contract.
9. 9. Delivery and transfer of risk The risk of loss or damage to property is transferred to the Health Professional at the time he or she takes, or a designated third party, physically possessing the property, regardless of its nature. The product, which is delivered to the Health Professional by a carrier chosen by the Seller, travels at the risk and peril of the Seller. The product, which is delivered to the Health Professional by a carrier chosen by him, travels at the risk of the Health Professional from the handover of the property to the carrier.
9. 10. Transfer of ownership From the delivery date indicated in the purchase order, ownership of the product is transferred to the purchaser.
Article 10- Legal guarantee of compliance and guarantee of hidden defects
10. 1. Implementation of compliance guarantee The Seller is required to deliver a contract-compliant property and responds to any compliance deficiencies that exist at the time of delivery. The action resulting from the non-compliance is prescribed by one year from the date of the delivery. When acting on the basis of the legal guarantee of compliance, the purchaser: — has one month from the from the date of delivery. — can choose between repairing or replacing the product or service.
10. 2. Implementation of hidden defects guarantee The Seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose for which it is intended, or which diminish this use so much that the purchaser would not have acquired it, or would have given only a lower price, if he had known them. The action resulting from the defects must be brought by the purchaser within one month of the discovery of the defect. The Seller may decide to implement the warranty against the hidden defects of the thing sold within the meaning of Article1641 of the Civil Code. In this case, it may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Article 11- After-sales service Complaints made under warranties must be addressed by email to the after-sales service (email@example.com , Acep, 88 rue Jouffroy d'Abbans, 75017 Paris). Products covered by warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service. The Purchaser will be reimbursed for the return postal fee no later than thirty days after the Seller receives the product.
Article 12- Responsibility
12. 1. Exoneration of liability The Seller cannot be liable for breaches or poor performance of the contract due either to the purchaser's fact, the insurmountable and unpredictable fact of a third party to the contract, or to force majeure. The Seller cannot be liable for non-compliance with the laws of the country of the Health Professional to which it is responsible to check whether the product is not prohibited for sale in his country. The Seller cannot be liable for the use of the products and services sold. The Health Professional expressly states that he knows the conditions and limits of the use of these products and services. In no case will the Health Professional be entitled to any compensation for any damages which can be caused only by the modalities of the implementation of the products and services by the Health Professional and not in the products and services themselves, which the Health Professional also expressly acknowledges.
12. 2. Criminal clause In all cases of non-performance of its obligations by the Health Professional, the price paid at the time the order was placed remains acquired by the Seller as compensation.
Article 13 – Resolutory Clause The resolution of the order in the cases provided for in the T&C will be pronounced by registered letter with acknowledgement of receipt and will be valid without judicial formality.
Article 14 - Intellectual Property The items reproduced on this pupx.tech Site, which are the exclusive property of the publisher, are protected by copyright, trademark and patent law. Any reproduction and dissemination of these elements, without prior written permission from the publisher, exposes offenders to legal action. Similarly, for applications that can be downloaded from the Seller's Site, these applications can only be used on the terminal equipment to which the license is attached. The Health Professional will not be able to make any partial or total reproduction of the Application, in any form for any cause other than the execution of the Contract.
If, by express agreement, the Seller authorizes the Health Professional to make a copy, for example for archiving or backing up, the copy will remain the property of the Seller. Applications cannot be transferred on any other hardware.
The Health Professional does not adapt, modify, alter or revise applications. Applications are part of the Seller's manufacturing secrets and should be considered by the Health Professional as confidential information, whether or not they can be patented, copyrighted or otherwise. They cannot be sold, brought or transferred without the Seller’s consent.
The Health Professional will need to take all necessary steps with employees or others with access to the Application to ensure that Applications cannot be made available or disclosed to third parties by any mode. The Health Professional prohibits using application specifications Applications to create or allow the creation of a program with the same destination.
Article 15 - Processing Personal Data We collect this data to manage your order. We also use your email address to send you advertisements for products similar to those you order if you choose to receive such information when ordering.
This data may also allow us and our business partners to email you other advertisements if you choose to receive such information when you order. The purpose of the computerized processing of the personal data collected is to manage orders, operate for commercial purposes, communicate to the company's business partners.
The following information is mandatory: Social reason, address, postcode, city, country, telephone number, VAT number and Siret (for France) or equivalent for other countries. In the absence of such information, your order shall not be processed. For persons ordering from countries outside the European Union, this data will be transferred to the non-EU state from which the order was placed. In accordance with the French Computer And Freedoms Act, you have the right of access, rectification and, subject to the legal provisions applicable to the material, to delete the data concerning you, the person responsible for the processing being Acep Customer Service 88 rue Jouffroy d'Abbans, 75017 Paris.
If you have already accepted it, you will be able to receive emails or marketing SMS from Acep from which you can opt out, for emails, by clicking on the opt-out link at the bottom of each email received and for SMS by clicking on STOP in each SMS received. 16 - Pre-claim In the event of a dispute, you should contact the Seller's customer service by email firstname.lastname@example.org or postal at Acep 88 rue Jouffroy d'Abbans, 75017 Paris Article 17 - Competent Tribunal In the absence of an amicable agreement, you can refer any disputes relating to the existence, interpretation, conclusion, execution or breach of contract and all documents related to that contract before the French Commercial Tribunal of Paris. Article 21- Applicable law This contract and the T&C governing it are subject to French law.