The Digital lift industry

Terms of service

Elevator business.com > Terms of service

Date of last update: 17/07/2018

Article 1 – LEGAL NOTICE

This site, accessible at the URL www.elevator-business.com (the « Site»), is published by:

ASCENSEURS ONLINE, SARL with capital of 7,622.45 euros, registered with the RCS of Bobigny under the number 433 871 910, whose registered office is located at 47 rue de la Ferme, 93100 MONTREUIL, represented by Marc HARDY duly authorized

(Hereinafter referred to as the « Provider»).

The individual VAT number of the Operator is: FR 96 433 871 910.

The Site is hosted by OVH, located at 2 rue Kellermann, 59100 ROUBAIX

The Publishing Director of the Site is ELEVATOR BUSINESS.

The Customer Service of the Service Provider can be contacted:

  • at the following number +33 1 43 60 88 88 at the following times: 9h00 to 17h00.
  • by email to contact@ascenseurs-online.com.

 

Article 2 – SCOPE

The present Terms of Service of services (the “Terms of Service“) aim at defining and regulating the contractual relations between the Provider and any professional (a “Client“) having created an account and wishing to benefit from the services proposed on the Site.

The provision of services offered to the Clients on the Site is subject to the prior acceptance without restriction or reservation of these Terms of Service.

The Terms of Service are made available to Clients on the Site where they are directly available and can also be communicated to him on request by any means.

The Terms of service apply notwithstanding any stipulation to the contrary in all documents issued by the Client, and in particular in its general conditions of purchase.

The Terms of service are applicable subject to any stipulation to the contrary in the order form or to any special conditions concluded between the Company and the Client concerned.

 

Article 3 – SERVICES DESCRIPTION

The Site’s purpose is to provide the following services online:

  • a professional area,
  • a priority referencing on a dedicated directory,
  • the upload of catalogs and products,
  • the upload of Customer’s distribution network,
  • the sending of a periodic newsletter,
  • the scrolling of the Client logo at the bottom of the home page.

(hereinafter referred to as the “Services“).

The Services presented on the Site are each subject to a description stating their essential characteristics. This description may include descriptions, photographs and graphics that are provided for illustrative purposes only and may be modified / updated on the Site.

 

Article 4 – REGISTRATION CONDITIONS

Any Client wishing to benefit fully from the Site and Services shall:

  • have full capacity and act for strictly professional purposes;
  • create their professional space on the Site by filling in the different fields of the account creation form (Corporate name, postal address, postal code, city, email address, telephone number, etc.);
  • confirm your acceptance of the Terms of service;
  • confirm your registration.

Access to the Services is possible from a computer, smartphone or tablet by connecting to the Site.

Use of the Services requires broadband internet and mobile internet connection where applicable.

Clients make their personal business of setting up computer and telecommunication means allowing access to the Site.

Services can only be accessed from one connection at a time.

When creating an account with email, the Customer is asked to choose a password, which is the guarantee of confidentiality of the information that will be contained in his account.

For the purpose of validating the registration, the Seller sends the Customer a confirmation email to the email address provided by the latter. The Customer then activates his account by clicking on the hypertext link provided for this purpose in the confirmation email.

Each Customer guarantees the sincerity and accuracy of the information provided for the purpose of registration, agrees to notify any subsequent changes and ensures that such information does not infringe the rights of third parties.

The Client may change this information, login and password from his account on the Site.

The Client agrees not to disclose or transfer his account, his IDs and passwords and is solely responsible for their use until their deactivation. He must immediately inform the Provider of any loss or unauthorized use of his account.

The Seller reserves the right to delete the account of any Client who has provided incorrect information.

 

Article 5 – ORDERS

Any Client wishing to benefit from the Online Services on the Website shall:

  • log in to your Customer account ;
  • select the Services he wishes to subscribe;
  • fill in the different fields of the Client Purchase Order (last name, first name, address, email address, telephone number, etc.);
  • confirm your acceptance of the Terms of service;
  • confirm acceptance of the Services order;
  • choose the method of payment;
  • make payment for the Services.

Except as expressly stated on the Site, the Client will not be able to modify his order after having validated it, which will be firm and final.

Upon receipt of payment for the Services included in the order, the Seller shall send the Client an email confirming his order to the email address provided by him.

The order confirmation email summarizes the essential characteristics of the Service (s) ordered, the total price, and any other relevant items. This email will also indicate a tracking number of the Client’s order.

By placing an order on the Site, the Client expressly agrees that the Seller sends him an invoice electronically. However, he can obtain a paper invoice by sending his request to Customer Service.

To fight against fraud, the Seller or its payment or delivery service providers may have to request additional proof from the Client or to make contact with the latter, at the time of acceptance and / or dispatch of the order. In case of unjustified refusal of the Client to deliver the requested information and / or proof, the Seller reserves the right not to accept or cancel the order without this being the subject of any dispute.

The Seller also reserves the right not to accept or cancel the order of any Client who provided incorrect information, who does not pay the Services, with whom there is a dispute over the payment of a previous order or which would have an abnormally high level of control.

 

Article 6 – TARIFF CONDITIONS

The Services are provided at the price of the Seller in force on the Site at the date of the order, expressed in euros excluding taxes.

In case of specific services:

The Services are billed and the price is due in full and payable cash on the day of the signing of the order form.

A deposit of 50% of the total price of the Services is invoiced by the Seller and payable to the Client on the day of the signing of the purchase order, the balance being invoiced and payable at the end of the supply of the Services.

In the case of services with successive execution:

The Services are invoiced and the price is due in full and payable cash on the day of the order for the coming contractual period.

The tariff is firm and can not be revised during the period of execution of the Services, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code.

The Seller reserves the right to modify its prices at any time for any Services that may be subscribed after this modification.

Any reductions in prices, discounts and rebates may apply to the Services under conditions provided on the Site or in any other document that is communicated to the Client. In case of promotional rate, the Seller agrees to apply this rate to any order placed during the promotion period.

In case of early payment by the Client, no discount will be charged. Under no circumstances may payments be suspended or be subject to any compensation without prior written agreement between the Seller and the Client. Any suspension, deduction or compensation made unilaterally by the Client will be treated as a payment default and will result in all the consequences of late payment.

In addition, it is expressly agreed that the Client is validly required to pay by the exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the deadlines, the Seller specifically reserves the right, without any compensation being due to the Client, to:

  • require the immediate payment of all sums due for the Services, which become immediately due regardless of their originally scheduled due date;
  • refuse any new order or require for any new order a cash payment or a guarantee for the proper performance of the commitments;
  • allocate any partial payment first to the non-privileged part of the claim and then to the sums whose due date is the earliest;
  • reduce, suspend or cancel the access to the Services, 10 days after formal notice remained without effect, made by the Seller to the Client;
  • – apply, without prior notice, to all sums due, from the first day of delay and until full payment, penalties late calculated at the rate referred to in Article L.441-6 of the Code of Commerce;
  • and or require the payment of a lump sum indemnity of € 40 for recovery costs, for each invoice paid late, and the payment of compensation equal to 10% of the sums remaining due to him, without prejudice to the repair of any damage actually suffered .

Any changes to the rates resulting from an increase in the value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.

 

Article 7 – PAYMENT METHODS

The Client expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Service ordered.

The Site uses the online payment solution “Stripe”.

Orders can be paid using one of the following payment methods:

  • Payment by credit card. Payment is made directly on the secure banking servers of the Seller’s bank, the Client’s bank details do not pass on the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. The payment via these bank cards is made in cash, without discount.
  • Payment by bank transfer. The Client can pay for his order by bank transfer. When ordering, the Seller will communicate the details of the account on which to make the transfer, as well as the order reference to be indicated in the transfer order.

If necessary, the order validated by the Client will only be considered confirmed when the Seller has been able to check the validity of the payment.

 

Article 8 – OBLIGATIONS OF THE SELLER

The Seller undertakes to implement all the procedures required for the performance of the Services and its obligations under these Terms of service and / or any other documentation that may be concluded with the Clients, in compliance with the applicable laws and regulations. regulations and the rights of third parties.

The Seller declares to have the necessary skills, experience and means to provide the Services, and will assume full responsibility for both the performance of the Services and the organization of the work of its personnel, as the case may be.

The Seller publishes the Services available on the Site and hosts the contents of the Website posted online by the Clients. The Seller acts as a technical service provider and does not control the lawfulness, accuracy, quality or sincerity of the content posted by the Clients under their responsibility.

As a result, Clients recognize the Seller as hosting the Site within the meaning of Article 6 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy.

However, the Seller undertakes to promptly remove any manifestly illicit content that would be brought to its attention, particularly when the existence of such content has been notified by a Client under the conditions provided by the applicable regulations.

In addition, the Seller endeavors to ensure the access and the proper functioning of the Site twenty-four hours a day, seven days a week.

However, the Seller can not exclude that the access and the operation of the Site are interrupted in particular in case of major force, malfunctions of the equipment or the Internet network of the Client, failure of the telecommunication operators, interruption of electricity supply , abnormal, illegal or fraudulent use of the Site by a Client or a third party, decision of the competent authorities, or for any other reason.

The Seller also reserves the right to bring to the Site and the Services all the modifications and improvements of its choice related to the technical evolution or to the good functioning.

General and temporary interruptions of the Site and the Services will, as far as possible, be notified via the Site before they intervene, except when such interruptions are of an urgent nature.

 

Article 9 – OBLIGATIONS OF THE CLIENT

Each Client agrees to access and use the Site and Services in a fair manner and in accordance with applicable laws and these Terms of service.

The data and information communicated or put online by the Clients must be accurate, sincere and loyal and will be communicated under their sole responsibility.

More generally, each Client agrees to:

  • to ensure compliance, in all circumstances, with the legal, social, administrative and fiscal obligations applicable to his professional status;
  • not to modify, modify, in the course of execution of the Services, their nature or their modes of supply, except preliminary and written agreement of the Seller;
  • pay the price of the Services as provided herein;
  • not to disseminate illegal content or having the effect of reducing, disrupting, slowing down or interrupting the normal circulation of data on the Site;
  • immediately notify the Seller of any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive or fraudulent use of the Site of which he is aware.

In the event that a Client is responsible for an infringement of the legislation in force or an infringement of the rights of third parties, the Seller reserves the right to provide, at the request of any legitimate authority (jurisdiction, administrative authority, police services), any information allowing or facilitating the identification of the offending Client.

 

Article 10 – CLAIMS

In the event of non-performance or defective performance of the Services, the Client must notify the Seller and formulate its grievances and reservations within thirty (30) calendar days following the date on which it becomes aware, in order to allow the parties to make best efforts to reach an amicable settlement of the situation within thirty (30) calendar days following the initial notification of the Client.

In the absence of amicable settlement in the aforementioned conditions and in case of sufficiently serious non-performance of the Seller, the Client may terminate the Terms of service under the conditions provided for in Article 17 and obtain, if applicable, damages from the Seller for the purposes of repair the damage suffered, the Client renouncing in advance to seek a forced execution in kind of the Services by the Seller or a third party or a proportional reduction of the price, by express derogation to the provisions of articles 1221, 1222 and 1223 of the Civil Code.

 

Article 11 – RESPONSIBILITY OF THE SELLER

The Seller is bound by an obligation of means in respect of the provision of the Services.

Each Client declares to be informed of the constraints and the limits of the Internet networks and will not be able in any case to look for the responsibility of the Seller for malfunctions in the access to the Services, speeds of opening and consultation of the pages of the Services, the temporary or permanent inaccessibility of the Services or fraudulent use by Clients or third parties of the Site.

The liability of the Seller can not be engaged either:

  • in case of breach of any obligation resulting from a fortuitous event or an event of major force within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, judgments work, social unrest, factory closures, floods, fires, lack of production or transportation unrelated to personal injury, disruption of supply, wars, riots, insurrections and, more generally, any circumstance or event preventing the Seller from properly fulfill his obligations;
  • in the event that the information, data, instructions, instructions, materials or media provided by the Client are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in all or part of the behavior, a failure or deficiency of the Client;
  • in the event that certain services or functionalities are not accessible on the Site due to a deactivation by a Client of cookies via the interface of the browser software;
  • in the event that the functionalities of the Site prove to be incompatible with certain equipment and / or functionalities of the computer equipment of a Client.

Each Client is also responsible for the content and information imported, stored and / or published on the Site and undertakes not to use any technical measure likely to circumvent the technical protection measures put in place by the Seller in order to to avoid any fraudulent use of the Site and the Services.

Each Customer is also responsible for all measures to ensure the integrity and safeguarding of all its data, files and documents and waives the responsibility of the Seller for any damage to the data, files or any other document that may have been entrusted to the Seller in connection with the use of the Site and / or the Services.

More generally, each Client agrees to guarantee the Seller any claim, claim, or opposition and more generally of any procedure that would be formed against him because of the use that would have been made by the Client of the Site or services.

In any case, the Seller incurs no liability for any indirect or immaterial damage or loss such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of clientele, loss of exploitation, prejudice or commercial disturbance or image damage, which could result from the defective supply or lack of supply of the Services.

The liability of the Seller may not exceed an amount equal to the price excluding taxes collected from the Client for the supply of the Services during the last twelve (12) months.

In accordance with the provisions of article 2254 of the French Civil Code, any legal action by a Client with regard to the Seller is affected by the prescription at the end of a period of one (1) year following the date on which the Client concerned has known or is presumed to have known of the harmful event.

 

Article 12 – INDICATIVE PRICES OF THE CLIENT

Rates announced by the Client are in Euros excluding taxes. The advertised prices are indicative and have no contractual value, the Client reserves the right to change without notice its tariff based on the price of raw materials.

 

Article 13 – REGISTRATION SYSTEMS

The computerized registers, kept in the IT systems of the Provider and the Client under reasonable conditions of security, will be considered as proof of the communications and actions of the Client and the Provider. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Client acknowledges the evidential value of the automatic registration systems on the Site and declares that he will not contest them in the event of a dispute.

 

Article 14 – PERSONAL DATA

For further information regarding the use of personal data by the Seller, please read carefully the Privacy Policy (the “Charter“). You can at any time consult this Charter on the Site.

 

Article 15 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third party sites or Clients. They are provided solely for the convenience of the Client, to facilitate the use of resources available on the Internet. If the Client uses these links, he will leave the Site and will then agree to use the third party sites at his own risk or in accordance with the conditions that govern them.

In any case, the existence of a hypertext link to the Site from a third party site or on the Site to a third party site or Client can not engage the responsibility of the Provider for any reason whatsoever and in particular as to the availability, contents and products and / or services available on or from this third party site or partner.

The Client is not authorized to create on one third site one or more hypertext links linking to the homepage of the Site or to his profile page, except prior written authorization of the Seller.

 

Article 16 – INTELLECTUAL PROPERTY

The Seller is the sole owner of all content on the Site, including, without limitation, any text, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other intellectual property and other data or information that are protected by French and international laws and regulations relating in particular to intellectual property.

Accordingly, none of the contents of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or otherwise exploited , whether free of charge or onerous, by a Client or a third party, regardless of the means and / or media used, whether known or unknown to date, without the prior written authorization of the Seller, and Client is solely responsible for any unauthorized use and / or operation.

In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other collection tools data is strictly forbidden to Clients.

The Seller, however, grants to the Clients, subject to compliance by these latter Terms of service, a non-exclusive and nontransferable right to access the contents on the Site of which he holds the full ownership, to download them and to print them in the framework for personal and non-commercial use.

Reciprocally, each Client expressly authorizes the Seller to reproduce, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content on the Site, by any means or process, to the exploitation, improvement, verification, promotion, marketing, advertising of the Site or the establishment of partnerships. This non-exclusive, transferable and sub-licensable license is valid for the entire world, without charge, for the duration of the registration of the Client or until the deletion of the contents of his account.

Article 17 – DURATION – SUSPENSION – TERMINATION

In case of occasional sale or in application of particular conditions, these Terms of service are concluded for the duration of supply of the Services, as mentioned if necessary in particular conditions or in the order form.

In case of successive sale, these Terms of service are concluded for an initial period of 12 months. In the absence of termination of these Terms of service within a period of 3 months preceding the end of this initial period, the supply of the Services and the Terms of service are tacitly renewed for a new period of a duration equivalent to the initial term, under the tariff conditions. in force on the date of renewal.

The Seller reserves the right to suspend a Client’s access to the Site and the Services permanently or temporarily, in the event of the Client’s breach of his obligations under these Terms of service.

In addition, the Seller or the Client may terminate the Terms of service as of right in advance by sending a written notice:

  • in the event of a case of major force as referred to in Article 11 above;
  • after notifying the other party in the event of a serious breach of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (where this failure to be remedied) following written notice indicating the nature of the breach and the need to remedy it.

Article 18 – CONFIDENTIALITY

During the term of this Terms of service, each party may receive or receive information, documents and / or confidential information about the other party. Therefore, each party agrees, both in its name and on behalf of its agents for whom it is strong, to preserve the strict confidentiality of all information, documents and / or confidential data of any kind in relation to the results, activity or clientele of the other party or any information received or obtained from a party in the context of the contractual relations established.

This confidentiality commitment of the parties is valid both for the duration of the present Terms of service and for a period of two (2) years following their expiration or termination.

 

Article 19 – NOTIFICATIONS

Any written notice or summons required or permitted by virtue of the provisions hereof will be validly effected if it is addressed by letter delivered by hand or by hand against a delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.

Any change of contact details of a party for the purposes of these presents must be notified to the other party in the manner provided above.

Notifications sent by hand or by hand will be presumed to have been made on the date of delivery to the consignee as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt shall be presumed to have been made on the date of their first submission to the address of the addressee. Notifications made by e-mail will be presumed to have been made on the date the e-mail was sent.

 

Article 20 – AUTONOMY AND ABSENCE OF WAIVER

If any provision of these Terms of service is declared void or unenforceable for any reason whatsoever pursuant to any law, regulation or following a court decision that has become final, it shall be deemed no the other stipulations will remain in force.

The fact that the Seller does not take advantage temporarily or permanently of one or more stipulations of the Terms of service will not in any case waive.

Article 21 – AMENDMENT

The Seller reserves the right to modify at any time and without notice the content or location of the Site, the Services and these Terms of service.

Any use of the Site or Services as a result of a change to the Terms of service will result in acceptance by each Client of such changes. The most recent version of the Terms of service will always be available at https://www.elevator-business.com/terms-of-service/?lang=en..

When the modifications made to the Terms of service will be considered as substantial, they will be made known to the Clients by email and will have to be accepted by them at their next connection on the Site.

 

Article 22 – DISPUTES

Disputes that may arise in the context of the contractual relationship established between the Client and the Seller must be resolved, as far as possible, amicably.

In the absence of an amicable settlement within one month from the seizin of one of the parties, all the disputes to which the Terms of service could give rise, concerning their validity, interpretation, execution, termination, their consequences and their suites, will be submitted to the court of Bobigny..

 

Article 23 – APPLICABLE LAW & LANGUAGE

These Terms of service and the operations resulting therefrom are governed by and subject to French law They are written in French. In case of translation into one or more foreign languages, only the French text will prevail in case of dispute.

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