STANDARD TERMS AND CONDITIONS OF SALE
Version of 01/03/2022
Unless otherwise stipulated in the order or in a particular agreement, these general conditions of sale apply to all contracts concluded between DUO INDUSTRIE and its customers as from their entry into force to the exclusion of any other pre-existing document.
Art. 1: Application of the general conditions of sale
Unless otherwise agreed in writing by us, the general conditions below will govern the relationship between DUO INDUSTRIE SAS hereafter referred to as DUO INDUSTRIE and the purchaser hereafter referred to as the CUSTOMER, who declares to have read and accepted them.
These general conditions apply to the exclusion of all other conditions. In the event of any contradiction with a CUSTOMER’s conditions of purchase, it is agreed that these general conditions shall prevail, and more generally, over any particular document specific to the CUSTOMER.
If DUO INDUSTRIE fails to enforce any one of these general conditions of sale at any time, this may not be construed as a waiver of its right to require the application of any one of these conditions in the future.
Art. 2: Order taking and modification
2.1 Order taking
Sales are only final after express and written acceptance of the CUSTOMER’s order by DUO INDUSTRIE, which will in particular ensure the feasibility and availability of the requested products. This acceptance of the CUSTOMER’s order will be materialised by the order confirmation document published by DUO INDUSTRIE and entitled “customer order”.
The “customer order” published by DUO INDUSTRIE including these general conditions of sale is accepted by the CUSTOMER either by sending the signed order confirmation, or by means of a “valid for agreement” transmitted by return e-mail, or by the transfer, by the CUSTOMER or any third party authorised by the CUSTOMER, of any files or documents of any kind on the internet platform made available by DUO INDUSTRIE and accessible at the URL address https://xpo.center
Acceptance of the order by the CUSTOMER implies knowledge and applicability of these general conditions of sale.
The data saved in the information system of DUO INDUSTRIE shall constitute evidence of all the transactions agreed with the CUSTOMER.
When an order is placed on www.duodisplay.com, it implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation. All data provided and the recorded confirmation will constitute proof of the transaction. You declare to have full knowledge of it. Confirmation of an order shall be deemed a signature and acceptance of the transactions.
DUO INDUSTRIE reserves the right not to confirm the order for any reason whatsoever, for any problem pertaining to procurement, lead time or payment (deposits, payment delays).
In some cases, we reserve the right to modify the order (lead-time, price of goods or transport). In this case, an order confirmation will be sent to you. The “Customer Order” published by DUO INDUSTRIE comprising these general terms and conditions of sale is deemed accepted by the Customer by one of the following actions: 1. Sending the signed order confirmation 2. By means of an “End User Agreement” returned by e-mail 3. By the transfer of, performed by the Customer or any third party authorized by the Customer, any files or documents of any kind to the Internet platform provided by DUO INDUSTRIE and accessible at the URL address https://xpo.center
By accepting an order, the Customer implies acknowledgment and acceptance of these general terms and conditions of sale
2.2 Modification of orders
Any order modification requested by the CUSTOMER can only be taken into consideration if it is received in writing before the validation of the visuals for inspection, or the validation of the order by the CUSTOMER if the latter does not include visuals.
Concerning the products of the “STANDS” range which generate the creation of a production document (also called “guide”), any modification of said production document requested by the CUSTOMER will generate a modification of the order and will be invoiced according to the pricing conditions stated in the service grid provided to the CUSTOMER by DUO INDUSTRIE.
At the time of the modification or resolution, everything that has already been produced by DUO INDUSTRIE will be invoiced to the CUSTOMER by DUO INDUSTRIE.
Our supplies are invoiced in accordance with the rates in force on the day of conclusion of the contract.
Prices are net, excluding transport and taxes and are expressed in Euros. Any tax, duty, fee or other charge to be paid in application of French regulations or those of an importing country or a transit country shall be borne by the CUSTOMER.
Any change in the rate of taxes and duties may be passed on to the prices of the products or services.
For standard services, prices are established on the basis of a price list available online at https://xpo.center, which the CUSTOMER acknowledges having read.
Art.4: Customer’s responsibility – provision of visuals
4.1. The CUSTOMER is solely responsible for the entire content and accuracy of the files sent to DUO INDUSTRIE for printing. It is therefore up to the CUSTOMER to make sure that he holds the reproduction rights of all the elements (photos, logos, images, fonts, etc.) included in the files that he sends to DUO INDUSTRIE for printing. The CUSTOMER assumes full responsibility for any damage caused to third parties by the use of elements protected under intellectual property law. In the event that DUO INDUSTRIE’s liability is sought, the CUSTOMER undertakes to hold DUO INDUSTRIE harmless against any conviction, penalty payments, or other unfavourable decisions and to bear the costs of the proceedings.
4.2. The CUSTOMER responsible for providing the files for printing expressly acknowledges and declares that he is a graphic arts professional, capable of understanding and applying the instructions given in the technical recommendations of DUO INDUSTRIE provided in the “DESIGN GUIDE” document available online at www.duodisplay.com.
4.3. DUO INDUSTRIE may be required to make certain technical modifications it deems necessary to the files provided by the CUSTOMER in case of non-compliance with the technical recommendations (formatting, deletion of mounting marks, bleeds, conversion of pantone colours to CMYK, etc.) transmitted to the CUSTOMER by DUO INDUSTRIE, excluding any author’s correction (by author’s correction, we mean any modification of the composition) for which the CUSTOMER is obliged to provide a new file to DUO INDUSTRIE.
These modifications will be invoiced to the CUSTOMER by DUO INDUSTRIE according to the price conditions stated in the service grid available online on the website www.duodisplay.com and which the customer acknowledges having read.
4.4. The CUSTOMER acknowledges being informed that the colours printed on the visual will potentially be different from those that appear on a computer screen or a paper printout.
A proof is submitted to the CUSTOMER for validation for each file to be printed (except for orders in priority service, see Article 5): it is therefore up to the CUSTOMER to validate or modify it before the order goes into production.
Any error related to the printed visual is the responsibility of the CUSTOMER and DUO INDUSTRIE cannot be held responsible for errors related to the transmitted file, including in the case of an order in priority service at the request of the CUSTOMER, for which the proof is only submitted to the CUSTOMER for information purposes.
Art. 5: Intellectual Property
The creations made by DUO INDUSTRIE on behalf of the CUSTOMER are intellectual works protected as such by the Intellectual Property Code. Any reproduction, representation or adaptation, even partial, using any method and in any form whatsoever, without the written authorisation of DUO INDUSTRIE, will constitute an infringement within the meaning of Articles L.335-2 et seq. of said Code and will be liable to legal proceedings.
All texts, documents, icons, images, videos, photographs published on the DUO INDUSTRIE website (www.duodisplay.com) are the property of DUO INDUSTRIE or of third parties whose exploitation rights have been acquired.
No recovery, representation or reproduction, complete or partial, may be carried out by the CUSTOMER without the express written authorisation of DUO INDUSTRIE. In the absence of such authorisation, this reproduction will be considered unlawful.
Art. 6: Production times
6.1. The production time is communicated by DUO INDUSTRIE to the CUSTOMER for each order, and depends on the solutions ordered, their quantity and dimensions.
These deadlines must be accepted by the CUSTOMER at the beginning of the order.
If the files referred to in Article 4 of these general conditions of sale are not delivered by the CUSTOMER within the deadlines specified in point 6.2. below and the CUSTOMER does not wish to modify the delivery date, the CUSTOMER will be invoiced according to the pricing conditions stated in the service grid provided to the CUSTOMER by DUO INDUSTRIE in order to shorten the production time of his order.
6.2. Within the framework of a standard order, the starting point for production deadlines is the validation by DUO INDUSTRIE of the visuals of the complete order, previously validated by the CUSTOMER for control and receipt of payment of the deposit if applicable. If the order does not include visuals, the starting point is the validation of the order by the CUSTOMER and the receipt of payment of the deposit if applicable.
Within the framework of a priority service order, the starting point for production deadlines is the provision by the CUSTOMER to DUO INDUSTRIE of all the compliant files before 4:00 p.m. The CUSTOMER will not be given a proof. Production deadlines for Priority Service orders are reduced by twenty-four (24) hours compared to standard production deadlines.
6.3. Delivery deadlines are indicated as accurately as possible but depend in particular on supply possibilities and the method of transport chosen.
Any failure to deliver within the fixed delivery time shall not give rise to damages, deductions or the cancellation of orders in progress.
Art. 7: Terms of delivery
Delivery is carried out either by the direct delivery of the product to the CUSTOMER, or by simple notice of availability, or by delivery to a carrier in the premises (or warehouses) of DUO INDUSTRIE, as defined in the special conditions of the contract.
In any event, delivery can only take place if the CUSTOMER has fulfilled its obligations towards DUO INDUSTRIE, for whatever reason.
The products are delivered to the delivery address indicated by the CUSTOMER at the time of the order and within the time limits indicated. There is a delivery delay when the shipment is not delivered within the agreed period. In case of late delivery, please refer to Article 9 of these general conditions of sale.
Any change or correction of address made after the departure of the parcel is considered to be a new shipment.
New shipping costs and a new delivery time may apply.
Art. 8: Transfer of risks and ownership
The incoterm indicated in the special conditions of the order determines the reciprocal obligations of DUO INDUSTRIE and the CUSTOMER. It may be Ex Works DUO INDUSTRIE LANSARGUES, FCA DUO INDUSTRIE LANSARGUES, or DAP agreed destination.
If it is not specified in the order, the Incoterm governing the relationship is “EX WORKS DUO INDUSTRIE LANSARGUES”.
In the event of damage or missing items, it is up to the recipient to make all the necessary observations and to confirm his reservations on the consignment note, in accordance with the forms and deadlines of Article L133-3 of the French Commercial Code. Receipt of the consignment by the recipient without a written reservation stating the damage on the delivery note constitutes prima facie evidence that the consignment has been delivered in good condition.
Art. 9: Complaints
9.1 Damage sustained during transport
In the event of a claim, it must be justified and accompanied by proof of the damage suffered (signed bill of lading with reservations, an exhaustive list of damaged items, photographs of the packaging and damaged contents justifying the damage, etc.).
Under penalty of foreclosure and inadmissibility of the request, any claim must be specifically addressed to the “Customer Service” of DUO INDUSTRIE, in writing and at the latest within two (2) days following the delivery.
– In case of sale according to incoterm FCA or Ex-Works DUO INDUSTRIE LANSARGUES
In case of sale FCA or Ex-Works DUO INDUSTRIE LANSARGUES, the CUSTOMER is responsible for the losses and damage linked to the transport and DUO INDUSTRIE will in no case compensate the CUSTOMER for the damage resulting from transport.
– In case of sale according to the Incoterm DAP agreed destination
DUO INDUSTRIE may be held liable in the event of loss or material damage caused to the parcel during transport, except in the event of the recipient’s fault, force majeure, which constitute, among others, cases of exemption. If it is established, the liability of DUO INDUSTRIE is expressly limited to the value of the goods on the day of the damage within the limits of the general conditions of the chosen carrier, which can be transmitted on request to DUO INDUSTRIE.
In the event of proven loss or damage resulting from a late delivery attributable to the carrier, if its liability is recognised, the compensation to be paid shall not exceed the carriage price (excluding duties, taxes and charges). Any extra time provided for the service in question will be applied. Under penalty of foreclosure and inadmissibility of the request, any claim must be specifically addressed to the “After-Sales Service” of DUO INDUSTRIE, in writing and at the latest within two (2) days following the delivery.
9.2 Claims regarding conformity of the goods
Claims concerning the conformity of the goods are only admitted in writing within eight (8) calendar days after receipt of the goods.
After this period has elapsed, the goods shall be deemed to have been accepted without reservation by the CUSTOMER.
It is up to the CUSTOMER to provide any justification as to the reality of the defects or anomalies observed. It will give DUO INDUSTRIE every opportunity to ascertain these defects and to remedy them. It shall refrain from intervening itself or having a third party intervene for this purpose. In the event of a defect or error recognised by DUO INDUSTRIE, the latter’s liability will be limited to the replacement of goods that do not comply with the order or a credit note, to the exclusion of any other compensation, penalty or damages.
Art. 10: Force majeure
Neither of the parties to this contract may be held liable for its delay or failure to perform any of its obligations under this contract if such delay or failure is the direct or indirect effect of a case of force majeure within the meaning of Article 1218 of the Civil Code, including, without limitation: the occurrence of a natural cataclysm (earthquake, storm, fire, flood, etc.), an armed conflict (war, civil commotion, etc.), a labour dispute, a mandatory injunction of the public authorities lawfully issued by the competent authorities (prohibition of imports, etc.), a disruption of transport and/or supply of materials or an operating accident (machine breakdown, explosion, etc.); i.e. the occurrence of an event which the affected party was unable to foresee, which is beyond its control and which it is unable to overcome despite its diligence and efforts to resist it.
If such an event occurs, the affected party will be relieved of the affected obligation for the duration of the event in question. It will be required to inform the other party of this event by any means within eight days of its occurrence, as well as to fulfil the obligation that it has been prevented from performing as soon as the event in question ends.
If the duration of this impediment exceeds 15 consecutive days, the parties shall consult each other to consider in good faith whether this contract should continue or end.
In the event of persistent disagreement, the party injured by the non-performance of the obligation prevented by the event in question shall have the right to terminate the contract without notice.
Notwithstanding the existence of a case of force majeure, it is expressly agreed between the parties that in any case the down payments and the payment of the services whose execution has been engaged by DUO INDUSTRIE before the existence of this case of force majeure is brought to its knowledge by the customer, will remain acquired and may give rise to invoicing which the customer must pay.
Art. 11: Supplier’s liability – Commercial warranty
11.1. The liability of DUO INDUSTRIE can only be incurred for direct material damage directly attributable to it, to the exclusion of any indirect and/or non-material damage, including, without limitation, operating losses, loss of credit, loss of image, and without any joint or several commitment with the third parties having contributed to the damage.
Moreover, apart from the compensation of bodily injury, the damage that may result for the CUSTOMER from the direct material damage for which DUO INDUSTRIE may be held liable can never be compensated beyond the amount of the supply in question as quantified in the order.
11.2. Commercial Warranty
Beyond the legal guarantees, DUO INDUSTRIE offers the CUSTOMER commercial warranties as defined in the document “DUO INDUSTRIE commercial warranty” attached to these general conditions of sale, available online on the website www.duodisplay.com and which the Customer acknowledges having read.
Art. 12: Invoicing – Payment terms – Deposit – Late payment penalties
12.1 Invoice date
Unless otherwise stipulated, orders are invoiced on the day the goods are made available at the premises of DUO INDUSTRIE or on the day of shipment.
12.2 Invoice payment date
Our payment terms are deemed accepted when the order is placed.
Unless otherwise stipulated, our invoices are payable in cash on receipt to the registered office of DUO INDUSTRIE. If a payment extension is granted, payment will be made by LCR (Lettre de Change Relevé – Truncated Bill of Exchange), by SEPA direct debit or by bank transfer, including for advance payments. No discount shall be granted for early payment.
12.3 Payment of a deposit
For any order exceeding four thousand (4,000) Euros excluding VAT (shipping included), a thirty percent (30%) deposit will be required when the order is placed before production begins.
For any order exceeding ten thousand (10,000) Euros excluding VAT (shipping included), a fifty percent (50%) deposit will be required when the order is placed before production begins.
For certain orders considered by DUO INDUSTRIE as being made to measure, the CUSTOMER may be required to pay the full price or a deposit when the order is placed. These terms and conditions will be included in the quote and/or order confirmation.
For any order placed in priority service, fees will be invoiced to the CUSTOMER according to the pricing conditions stated in the service grid provided to the CUSTOMER by DUO INDUSTRIE.
For any first order, the new CUSTOMER will be asked for an excerpt from its certification of incorporation (Kbis) and a bank statement for referencing purposes as well as a cash payment when placing the order.
12.4 Late payment penalties
In the event of late payment, the rate of late payment penalties will be three (3) times the legal interest rate. These penalties will be payable on simple request of DUO INDUSTRIE, without the need for prior formal notice. To these penalties will be added a fixed penalty of forty (40) Euros for recovery costs.
Moreover, after thirty (30) days of delay, the CUSTOMER will be liable for a fixed penalty of fifteen percent (15%) of the order in question, without prejudice to penalties for late payment and any other sum that may be due to DUO INDUSTRIE as damages.
In the event of rejection of a payment by the CUSTOMER’s bank, DUO INDUSTRIE reserves the right to re-invoice the bank rejection fees to the CUSTOMER. The non-payment of an invoice within the contractual deadlines authorises DUO INDUSTRIE to suspend the execution of any service and/or order in progress until receipt of the sums due and makes all other claims immediately payable.
Moreover, in the event of repeated late payments, the payment terms granted to the CUSTOMER will automatically be changed to payment when the order is placed.
12.5 Payment by bill of exchange or promissory note
In the event of payment by bill of exchange or promissory note, the CUSTOMER shall deliver the bills of exchange or promissory notes as soon as he receives the request for a deposit and/or the invoice or statement and within forty-eight (48) hours at the latest.
Art. 13: Cancellation clause
DUO INDUSTRIE may automatically terminate the contract in case of non-performance by the CUSTOMER of any of its obligations under the contract.
The termination will take effect seven (7) days after receipt by the CUSTOMER of the formal notice to perform sent by DUO INDUSTRIE to the CUSTOMER.
This formal notice will be sent by registered mail with acknowledgement of receipt which will mention DUO INDUSTRIE’s intention to terminate due to non-performance within seven days of its date of receipt.
DUO INDUSTRIE may always automatically waive this termination to take legal action for the forced execution of the contract or any other purpose.
ART. 14: RETENTION OF TITLE – WARRANTIES
14.1 BY EXPRESS AGREEMENT, THE TRANSFER OF OWNERSHIP OF THE SUPPLIES PROVIDED FOR IN THE ORDER IS SUBJECT TO FULL PAYMENT OF THE PRICE SET OUT IN THE ORDER, IT BEING SPECIFIED THAT WITHIN THE MEANING OF THIS CLAUSE, ONLY THE ACTUAL CASHING OF CHEQUES AND BILLS OF EXCHANGE SHALL BE DEEMED PAYMENT. THE DELIVERY OF A BILL OF EXCHANGE OR PAYMENT ORDER CREATING AN OBLIGATION TO PAY DOES NOT CONSTITUTE PAYMENT.
14.2 IN THE EVENT OF NON-PAYMENT OF THE SUPPLIES ORDERED DUO INDUSTRIE WILL BE ABLE TO EXERCISE ANY ACTION TO CLAIM AND RECOVER UNPAID SUPPLIES.
14.3 NOTWITHSTANDING THE PRECEDING PARAGRAPH, THE BURDEN OF THE RISKS OF LOSS OR DETERIORATION OF THE GOODS SUPPLIED BY DUO INDUSTRIE WILL BE TRANSFERRED TO THE CUSTOMER AS FROM THE DELIVERY.
14.4 THE CUSTOMER WILL BE ABLE TO FREELY, WITHIN THE FRAMEWORK OF THE NORMAL OPERATION OF HIS OWN ACTIVITY, RESELL THE SUPPLIES DELIVERED BY DUO INDUSTRIE, PROVIDED THAT IN SUCH A CASE THE CUSTOMER UNDERTAKES NOT TO REMOVE OR ALTER ANY OF THE SERIAL AND/OR ORIGIN MARKINGS TO ALLOW THEIR IDENTIFICATION, BUT HE WILL NOT BE ABLE TO PLEDGE THEM OR TO TRANSFER THEIR OWNERSHIP TO A THIRD PARTY AS COLLATERAL. IN THE EVENT OF RESALE, THE CUSTOMER WILL BE REQUIRED EITHER TO IMMEDIATELY PAY THE CORRESPONDING PRICE OR THE BALANCE OF THE PRICE TO DUO INDUSTRIE, OR TO IMMEDIATELY INFORM DUO INDUSTRIE OF THIS RESALE SO THAT DUO INDUSTRIE CAN EXERCISE ITS RIGHT OF CLAIM ON THE PRICE OR THE BALANCE OF THE PRICE WITH REGARD TO THE THIRD PARTY PURCHASER OF THE SUPPLIES CONCERNED, OR TO ASSIGN THE CLAIM IT HOLDS ON THE SUB-PURCHASER BY PAYING THE COSTS OF NOTIFICATION OF THIS ASSIGNMENT OF CLAIM TO THE ASSIGNED DEBTOR.
THIS RESALE AUTHORISATION WILL LAPSE IF THE CUSTOMER IS SUBJECT TO A SAFEGUARD, RECOVERY OR JUDICIAL LIQUIDATION PROCEDURE.
THE CUSTOMER WILL BE ABLE TO FREELY USE THE SUPPLIES DELIVERED BY DUO INDUSTRIE WITHIN THE FRAMEWORK OF THE NORMAL OPERATION OF HIS OWN ACTIVITY, BY MAKING THEM TEMPORARILY AVAILABLE OR BY RENTING THEM TO THIRD PARTY USERS, PROVIDED, HOWEVER, THAT THE CUSTOMER UNDERTAKES NOT TO ELIMINATE OR ALTER ANY OF THE SERIAL AND/OR ORIGIN MARKINGS TO ALLOW THEIR IDENTIFICATION AND THAT IN CASE OF INCORPORATION, THE DISMANTLING FOR THE POSSIBLE RECOVERY OF THE SUPPLIES CAN BE CARRIED OUT WITHOUT DAMAGE TO THE SAID SUPPLIES. IN SUCH A CASE, THE CUSTOMER UNDERTAKES TO INFORM THE THIRD PARTY USER OF THE EXISTENCE OF THE RETENTION OF TITLE CLAUSE AND OF THE POSSIBLE CLAIM OF THE SUPPLIES IN THE POSSESSION OF THIS THIRD PARTY BY DUO INDUSTRIE IN CASE OF NON-PAYMENT. THE CUSTOMER ALSO UNDERTAKES, WHEN IT CONCLUDES AN AGREEMENT WITH A THIRD PARTY, THE PURPOSE OF WHICH, IN WHOLE OR IN PART, IS THE PROVISION OR RENTAL OF THE SUPPLY, TO ASSIGN AS A GUARANTEE FOR THE PAYMENT OF ALL SUMS DUE TO DUO INDUSTRIE IN PRINCIPAL, INTERESTS AND ALL ANCILLARY COSTS, ITS FUTURE CLAIMS ON ITS CONTRACTING PARTNER UNDER THIS AGREEMENT. TO THIS END, HE UNDERTAKES TO COMMUNICATE TO DUO INDUSTRIE, AT ITS FIRST REQUEST, THE IDENTIFICATION DETAILS OF THE CONTRACTING PARTNER AND OF THE ASSIGNED CLAIMS, TO SIGN ANY DEED OF ASSIGNMENT OF RECEIVABLES AND TO PAY THE NOTIFICATION COSTS PROVIDED FOR IN ARTICLE 1690 OF THE CIVIL CODE.
14.5 THE CUSTOMER’S PAYMENTS, WHATEVER THE ALLOCATION HE MAY LATER GIVE THEM AND EVEN IF THEIR AMOUNT CORRESPONDS EXACTLY TO ONE OF THE INVOICES, WILL BE ALLOCATED IN PRIORITY, FOR THE APPLICATION OF THIS CLAUSE, TO THOSE INVOICES FROM DUO INDUSTRIE WHICH CORRESPOND TO THE GOODS WHICH HAVE BEEN USED OR RESOLD.
14.7 IF THE CUSTOMER FAILS TO PAY AN AMOUNT DUE ON THE AGREED DATE, IN WHOLE OR IN PART, DUO INDUSTRIE, WITHOUT LOSING ANY OF ITS RIGHTS, WILL BE ABLE TO REQUIRE THE RETURN OF ALL THE GOODS FOR WHICH IT HAS RESERVED OWNERSHIP, WHETHER THEY ARE GOODS THAT ARE THE SUBJECT OF THIS INVOICE OR GOODS WHICH ARE THE SUBJECT OF OTHER INVOICES UNDER ANY OF THE CUSTOMER’S ORDERS.
Art. 15: Requirement of guarantees or payment
Any deterioration in the CUSTOMER’s credit may justify the requirement of guarantees or payment in cash or by demand draft, before the execution of the orders received. This will be the case in particular if a change in the debtor’s capacity, in his professional activity (or if it is a company: in the person of the managers or in the form of the company), or if an assignment, lease, pledge or contribution of his business has an adverse effect on the CUSTOMER’s credit.
Art. 16: Severability – Non-waiver
If any of the clauses of these general conditions prove to be invalid or unenforceable, the validity and enforceability of the other clauses will in no way be affected or compromised.
The fact that DUO INDUSTRIE does not avail itself at a given time of any of the clauses of the General Conditions of Sale does not constitute a waiver of the right to avail itself of these same clauses at a later date.
Art. 17: Applicable law – Dispute settlement – Jurisdiction
17.1 The Parties expressly agree that these Terms and Conditions of Sale and the purchase and sale transactions resulting from them shall be governed by the laws of France.
They shall be prepared in French. If they are translated into one or more languages, only the French text shall be the authentic text in the event of a dispute.
17.2 Any dispute relating to the interpretation and/or execution of this contract will be the subject of a prior attempt at amicable settlement.
17.3 IN THE EVENT OF A DISPUTE THAT CANNOT BE SETTLED FOLLOWING AN ATTEMPT AT AMICABLE RESOLUTION, THE COURTS OF THE MONTPELLIER COURT OF APPEAL SHALL HAVE SOLE JURISDICTION, WHATEVER THE AGREED TERMS OF SALE AND METHOD OF PAYMENT, EVEN IN THE EVENT OF A CALL IN WARRANTY OR MULTIPLE PLAINTIFFS OR DEFENDANTS.
Art. 18: Personal Data Protection
The personal information collected by DUO INDUSTRIE (surname, first name, telephone number, e-mail address of the CUSTOMER’s contacts) are recorded in its customer file and are mainly used for the proper management of the relationship with the CUSTOMER and the execution of the contracts concluded between DUO INDUSTRIE and the CUSTOMER. This information may also be used for the purposes of preventing non-payment and prospecting.
Information of a personal nature will be kept for as long as necessary, i.e. for the duration of the commercial relationship with the CUSTOMER, unless the CUSTOMER has exercised, under the conditions set out below, one of the rights granted to it by legislation.
During this period, we implement all means to ensure the confidentiality and security of your personal data, so as to prevent damage, erasure or access by unauthorised third parties.
Access to personal data is strictly limited to the employees of DUO INDUSTRIE, authorised to process it as part of their duties. The information collected may possibly be communicated to third parties linked to DUO INDUSTRIE for the execution of subcontracted tasks necessary for the execution of the contract, without the CUSTOMER’s authorisation being required.
It is specified that in the context of the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in accordance with the provisions of the applicable data protection legislation. Apart from the cases stated above, DUO INDUSTRIE undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the CUSTOMER, unless forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended, known as the Data Protection Act and European Regulation No. 2016/679/EU of 27 April 2016 (GDPR applicable since 25 May 2018), the CUSTOMER’s employees, whose personal data is subject to the processing operations covered by this article, have a right of access, rectification, portability and deletion over the data concerning them or to limit its processing.
They may also, for legitimate reasons, object to the processing of data concerning them.
These persons may, subject to the production of valid proof of identity, exercise their rights by contacting DUO INDUSTRIE at firstname.lastname@example.org or by telephone at +33 499 639 635 or by letter to 344 rue du Jardin Colar, 34130 Lansargues.
For any additional information or claim, the CUSTOMER may contact the French Data Protection Authority (Commission nationale de l’informatique et des libertés (CNIL)) (more information on www.cnil.fr).