General Terms and Conditions of sale – for professionnals | General Terms and Conditions of sales – for non-professionnals |
General Terms and Conditions – CHASSITECH – Avenue Philippe Poumiès – 66720 TAUTAVEL – France
Siret 353 539 075 000021 – European VAT N° FR 31353539075
CONTACT : +33-(0)4.68.29.40.60 or
As a preliminary remark, it is noted that CHASSITECH's customers are professionals.
CHASSITECH also sells its Products, in particular to associations under the French Law of 1901 or to foundations, which, not acting for professional purposes, fall into the category of non-professionals in compliance with the provisions of the preliminary article of the French Consumer Code.
The present General Terms and Conditions of Sale have been drawn up for the attention of non-professional customers of the company CHASSITECH.
PART 1: TERMS AND CONDITIONS OF SALES – GENERAL PROVISIONS
Article 1 - OBJECT
The purpose of the present General Terms and Conditions of Sale (hereinafter "GTC") is to set out the contractual relations between the company CHASSITECH (hereinafter "the Seller") and its customers (hereinafter "the Customer") within the framework of the sale of products offered by CHASSITECH, either directly or through the website www.chassitech.com (hereinafter the "Website").
The term "Sale" refers to any supply of physical movable objects (hereafter "Product") or Services.
The term "Service" refers to any service provided by CHASSTECH such as project studies or the installation of Products on a location defined by the Customer (hereafter "Service").
The provisions specific to the Sale of Products via the Site are set out in Part 2 hereof.
Each order accepted in accordance with Article 3 constitutes our special conditions which modify or complete the present GTC.
Article 2 – SCOPE
Unless expressly agreed by the Seller, any order implies the Customer's unreserved acceptance of and full and complete adherence to these GTC, which shall prevail over any other document and shall be waived, in particular over any general conditions of purchase.
Except in the case of a master agreement concluded directly between the Seller and the Customer, these GTC and any others that may have been granted or negotiated are valid only for a given order.
Any repetition of an order shall in no way create a vested right in favor of the Customer or any master agreement between Seller and Customer.
Seller reserves the right to modify these GTC without prior notice.
Any modification shall not affect orders already accepted or executed.
Article 3 - ORDERS
As part of the sale of Products, the Seller cannot examine the situation of Customers or give them advice. It is therefore up to the Customer to ensure that the Product ordered fits his needs.
In the case of the sale and the realization of Services, the Seller is bound only by an obligation of means.
3.1. Seller's recommendations and submission of a quotation
The Customer who intends to purchase a Product or a Service may first contact the Seller in order for the latter to provide him with advice to answer his needs or questions.
The choice of Products or Services by the Customer is under his sole responsibility, the information and data provided by the Seller being given only as an indication and/or on the sole basis of the Customer's statements.
The choice of Products suggested by the Seller on the quotation is only a commercial proposal, provided as an indication and cannot, in any case, engage its responsibility.
It is then up to the Customer to validate his order with the Seller by signing the Quotation or to place an order directly on the website.
3.2 Seller’s confirmation
In order to obtain confirmation from the Seller that the order has been confirmed, the Customer shall return the quotation duly signed by the Customer to the Seller.
Customer's signature on the quotation shall be considered as a firm order on its part.
Any order, even if negotiated by Seller's agents or representatives, shall be deemed accepted by Seller only if confirmed in writing by Seller.
The contents of such order shall constitute the special terms and conditions binding Seller to Customer, in addition to these general terms and conditions.
Acceptance of the order by Seller shall not occur until receipt of the deposit paid by Customer, unless special conditions have been previously agreed to by Seller with Customer.
Unless accepted in writing by the Seller, the orders submitted by the Customer are irrevocable.
Article 4 – CUSTOM ORDERS
4.1 Making of Custom Products
In the event where the Customer requests the Seller to make Custom Products (hereinafter "Custom Products"), the Customer undertakes to provide the Seller, at the Seller's first request, with all the elements necessary for such manufacture.
Custom-made Products are Products made exclusively for the Customer and responding to the Customer's specifications or clearly personalized.
The Customer expressly acknowledges that the right of withdrawal provided for in Article 11 does not apply to Custom-made Products.
4.2 Custom implementation
In the event that the Customer requests that the Seller draw up a plan to define the positions where the Products are to be installed, the Customer undertakes to provide the Seller with all the information necessary for the Seller to issue the implementation plan (hereinafter referred to as "Implementation Plan").
Seller agrees to keep the information provided by Customer strictly confidential.
The Implementation Plan is the informative document issued by Seller, upon Customer's request, representing the recommended implementation points of the Custom Product in the Customer's premises.
Customer expressly acknowledges that the Implementation Plan provided by Seller is for informational purposes only and that it is Customer's responsibility to implement it in light of Customer's precise knowledge of the location and installation configurations of the Products to which Seller may not have had access.
In the event that the Customer mandates the Seller to install the Products on site as part of a Service, the Customer undertakes to provide the Seller with all necessary resources and, in particular, access authorizations deemed necessary by the Seller for the proper performance of the Service.
Article 5 – RATES
5.1 Prices
The current price list is available to the Customer on request or on the Website, it can be revised at any time, after having informed the customers of a modification of the price on the Website or by direct information to the Customer.
The period of validity of the offers and prices is determined by the update of the price list in application.
When the quotation is made in the form of an estimate, the period of validity is indicated on the estimate itself.
Any price change will automatically be applicable on the date indicated on the new price list.
The prices of the Products sold are those in effect on the date of the order or the signing of the order form or the Quotation by the Customer, and this, within the limit of the validity of the Quotation provided by the Seller.
Unless expressly agreed otherwise with the Customer, they are established ex works, denominated in euros and calculated exclusive of taxes.
Consequently, they shall be increased by the rate of VAT and the cost of packaging, transportation and customs duties, if applicable, on the date of signature of the purchase order or the Quotation by the Customer.
5.2 Éco-contribution (France)
As part of an eco-responsible approach, Chassitech is affiliated to the eco-organisation Valdelia, which collects and processes Waste Furnishing Items (WFI) from professionals.
Thus, for the purchase of certain products (work tables), Chassitech will charge an eco-contribution to customers based in France which will appear visibly on the invoice and which will be paid to the eco-organisation Valdelia with a view to recycling professional furniture at the end of its life.
Mandatory on French territory since 1 May 2013, the eco-contribution is set in addition to the sale price. It is calculated according to the weight, the main material and a coefficient set by Valdelia.
Registration number in application of article L. 541-10 of the Environment Code: FR020847.
More information on the Valdelia website: www.valdelia.org
Article 6 - DEDUCTION
No discount will be granted for early payment.
Article 7 - PAYMENT INCIDENTS
7.1 Late payments
In the event of late payment in whole or in part by the due date, a late payment penalty equal to three times the prevailing French legal interest rate shall be due to the Seller, without prejudice to any claim for compensation for the damage caused by said delay.
The late payment penalties shall be payable by operation of law on the day following the payment date shown on the invoice and shall be increased by the amount of the fixed compensation for collection costs.
The fixed compensation for collection costs, the amount of which is set at 40 euros, is due by right and without notification to the Customer in a situation of late payment.
When the recovery costs incurred are higher than the amount of this fixed compensation, the Seller may ask the Customer for additional compensation upon presentation of receipts.
The penalties and the recovery fee shall be automatically debited to the Customer's account.
7.2 Failure to pay
Non-payment in full of an invoice that has fallen due may involve the suspension of current and/or future deliveries unless the Seller expressly decides otherwise.
Unless the Seller prefers to seek judicial enforcement of the sale in its entirety, the Seller reserves the right to consider the sale as cancelled for default, after formal notice has remained unsuccessful for 15 days from the date of receipt by the Customer, and to reclaim the goods delivered, if applicable, with the return costs to be borne by the Customer and the payments made being acquired by the Seller as a penalty clause.
Article 8 ‐ RETENTION-OF-TITLE CLAUSE
The Seller retains ownership of the products sold until full payment of the price, in principal, interest and accessories, even in case of granting of a payment extension. Any clause to the contrary, in particular inserted in the general conditions of purchase, shall be deemed unwritten.
The Seller reserves the right to claim the Products under the legal conditions.
In this respect, if the Customer is the subject of collective proceedings, the Seller reserves the right to reclaim the goods sold and remaining unpaid.
As of the delivery and until the complete payment of the price, the Customer is constituted depositary and guardian of the said goods.
Article 9 ‐ DELIVERY
Unless otherwise agreed, the sale is made ex works.
It is expressly agreed by the Parties that, depending on the location of delivery requested by the Customer, the Seller may unilaterally decide not to deliver the Products.
In such a case, the Seller shall notify the Customer as soon as possible and inform the Customer of the modalities for picking up the Products.
It shall thus be the Customer's responsibility to organize the collection of the Products from the location indicated by the Seller.
9.1. 9.1. Delivery times
The delivery time indicated at the time of validation of the order is given only as an indication and is not guaranteed in any way, except under specific conditions mentioned on the Specifications.
Consequently, any delay in the availability of the Products shall not give the benefit for the Customer to any penalty or indemnity nor shall it motivate the cancellation of the order.
9.2 Transfer of risks
Unless expressly agreed otherwise by the Seller, the Products shall be transported at the Customer's risk, once the Customer has validated the mode of transport of the Products.
It is expressly agreed that the Seller reserves the right to refuse the method of delivery suggested by the Customer.
Thus, if the delivery is made by the Customer himself, the transfer of risks shall be made before shipment, in the Seller's warehouses.
If the delivery is made through a carrier, the transfer of risks shall be made before shipment, when the Products are handed over to the first carrier.
The responsibility of the Seller shall therefore not in any case be called into question for events occurring during loading, transport or delivery such as destruction, damage, loss or theft.
Article 10 – GUARANTEES
10.1 Conformity
It is the Customer's responsibility to check the delivered Products upon receipt and to formulate, if necessary, all necessary claims on the transport form.
Without prejudice to the measures to be taken by the Customer with regard to the carrier(s) in the event of apparent defects or shortages, any claims or reservations made by the Customer, of whatever nature, with regard to the Products delivered, shall only be accepted by the Seller if they are made in writing, by registered letter with acknowledgement of receipt, within a period of three (3) working days from the date of delivery.
It is the Customer's responsibility to provide all proof of the reality of the defect or shortage noted. Failing this, the Customer is deemed to have accepted the Products without reservation.
No claim shall be taken into account if it is made more than eight (8) working days after delivery of the Products and no action for non-conformity may be brought by the Customer after this period.
The Seller reserves the right to carry out, as soon as possible after receipt of the complaint, a contradictory inspection of the Products before deciding on the repair, replacement or refund of the Products to the Customer.
10.1.1 Legal guarantee of conformity
The non-professional Customer benefits from the provisions of articles L 217-4 to L 217-12 of the Consumer Code organising the legal guarantee of conformity.
In this respect and for a period of two years, any defects in conformity that may appear on the Products are presumed to exist at the time of delivery.
In the event that the Seller demonstrates that the use made of the Product by the Customer is not in conformity, this presumption shall be reversed.
In the event of a lack of conformity within the above-mentioned period, it is up to the non-professional Customer to contact the Seller and request the repair or replacement of the Product.
In the event that the Seller is unable to offer the Customer either of these two solutions, the Customer may request a refund of part of the price of the Product or the cancellation of the sale, i.e. the total refund of the price of the Product together with the return of the Product, at the Seller's expense.
10.2 Hidden defects
Under the warranty for hidden defects as provided for in Articles 1641 to 1648 of the French Civil Code, the Seller is bound by the warranty for hidden defects in the Products that make them unsuitable for the use for which they were intended.
Thus, a design defect is not a hidden defect and the Customer is deemed to be in possession of all technical information relating to the Products. In this respect, and for a period of two years from the discovery of the defect, the Customer, subject to providing proof of the hidden defect and its various characteristics, may return the Product to the Seller and have the price refunded, or keep it and have part of it returned.
Under no circumstances shall the Customer be entitled to claim damages, for any reason whatsoever.
Under the present article, the defect is exclusively understood to be a manufacturing defect of the Product making it unfit for its use and not likely to be detected before its use.
10.3 Return warranty
Seller warrants to Customer the proper functioning of the mechanical components of the Product for a period of one (1) year from the date of receipt of the Product, except as otherwise provided in the Quotation.
The Customer shall request the implementation of this "return" warranty from the Seller, in writing. The request must be accompanied by all the elements necessary to justify the implementation of the warranty.
After acceptance by the Seller, the Customer shall return the parts to the Seller at his own expense and responsibility, at the address indicated to him.
The Seller undertakes at his expense to return the repaired or replaced parts to the Customer.
No returns shall be accepted and taken into account in the absence of the Seller's prior express acceptance.
10.4 Exclusions of warranty
Products that have been modified by a third party or by the Customer, Products that are not used in accordance with their intended purpose and Products that have been used in disregard of the Seller's recommendations for use and/or the recommendations of the technical data sheets attached or communicated with the order shall lose the benefit of any warranty.
In addition, in the event that the Customer has requested the Seller to customize a Product, in particular by a specific assembly of references, thereby modifying the characteristics of the Product, the Product thus constituted shall lose the benefit of the warranty related to the original Product.
Article 11 – RETRACTION AND RETURNS
11.1 Right of retraction
11.1.1 Scope
In accordance with the provisions of Article L 221-3 of the French Consumer Code, in the event that the order placed by the Customer does not fall within the scope of his or her main activity and that the Customer employs a maximum of five employees, the Customer shall benefit from a right of withdrawal of 14 days from the date of receipt of the Products.
The Customer acknowledges that, in accordance with the provisions of Article L 221-8 of the French Consumer Code, this right of withdrawal shall not apply in the event that the Products have been specifically designed or adapted by the Seller for the Customer's needs as provided for in Article 7.1.
11.1.2 Implementation
The Customer willing to implement his right of retraction shall notify the Seller at the latest 14 days from the receipt of the Products by means of the retraction form available for this purpose on the Website. (click here to access the form).
The Customer shall justify to the Seller that he/she falls within the scope of the right of retraction as specified in Article 11.1.1 hereof.
The Customer shall bear the cost of returning the Products, the mode of transport of which shall be identical to that validated by the Seller at the time of the initial shipment.
The Products shall then be shipped at the Customer's risk.
Upon receipt of the Products and after verification of the conformity of the Product received with the new Product sent, the Seller shall proceed with the refund of the Products.
11.2 Returns
Any return of Products, for whatever reason, must necessarily be subject to prior authorization by the Seller.
Any Product returned without this agreement will not be taken in charge by the Seller.
The costs and risks of the return shall be borne by the Customer or the Seller, depending on the reason for the return, in accordance with the present terms.
Article 12 ‐ LIABILITY OF CHASSITECH AS THE SELLER
Within the execution of the present contract, the Seller has no control over the destination of the Products determined by the Customer, nor their compatibility with the intended use; thus, the Seller shall not be liable in any way if the Products are unsuitable or inadequate for their destination, nor shall it be liable for any consequences that may result therefrom.
The Seller's liability is expressly excluded for any indirect, immaterial or financial damage and/or prejudice suffered by the Customer or a third party, resulting in particular, without this list being exhaustive, from an action directed against the Customer by a third party, loss of profit, loss of operation, loss of production, loss of turnover, loss of data, deprivation of a right, interruption of a service rendered by a person or a good, damage to the brand image, loss of a chance, regardless of the time, origin and cause of such damage, even if the Customer has been warned of the possibility of the occurrence of such damage, prejudice or loss.
Seller shall not be liable for loss or destruction of any property, damage or expense arising directly or indirectly from Customer's use, misuse or inability to use the Product, either independently or in combination with another product.
In any event, the liability of the Seller, as it may be incurred under these GTC, shall not exceed the amount paid or remaining to be paid by the Customer for the purchase of the Product in question.
Article 13 – FORCE MAJEURE
The responsibility of the Seller cannot be engaged if the non-execution or the delay in the execution of one of its obligations results from a case of force majeure.
By force majeure is meant any fortuitous event, event independent of the will of the parties or that they could not reasonably be expected to know, or that they could not reasonably avoid or overcome, insofar as their occurrence makes it totally impossible to perform the present.
Events such as, but not limited to, strikes, lockouts, fire, pandemics, floods, riots, war, shortages of fuel, energy, transportation, materials, or products necessary for the manufacture or transportation of Seller's Products, shall be deemed to be force majeure for the purposes hereof.
Article 14 – INTELLECTUAL PROPERTY
14.1 Intellectual property
The Seller is the titular of intellectual property rights onto its Products. Any total or partial reproduction, modification or use of its Product designs, trademarks, illustrations, photos, images and logos, for any reason and on any support whatsoever, without the express prior consent of the Seller, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.
The Customer shall refrain from using any sign or right of which the Seller is the owner unless it has obtained the Seller's express prior consent.
The Customer shall refrain from using any sign or right of which the Seller is the owner unless it has obtained the Seller's express prior consent.
All technical documents provided to the Customer shall remain the exclusive property of the Seller, the sole owner of the intellectual property rights therein; the Customer agrees to use them solely for the purposes of the performance of this Agreement and to destroy them or return them to the Seller at its request.
Customer agrees to respect Seller's intellectual property rights, not to make any use of the documents that may have been transmitted to it that may infringe Seller's industrial or intellectual property rights and not to disclose them to third parties without Seller's express consent.
The Seller does not give any guarantee to the Customer as to the illicit use that the Customer would make of the intellectual property rights made available to him by the Seller.
14.2 Know-how
Know-how is defined as all practical information, not patented, generally not known or not easily accessible, resulting from the experience of the Seller; this information is secret.
In the event that the Seller should disclose, even orally, to the Customer, information constituting its know-how, the latter shall refrain from using such information for any purpose other than the performance of this Agreement and from disclosing it to third parties
Article 15 - DISPUTES
15.1 Mandatory mediation
In the event of any dispute arising out of this Agreement, Customer and Seller shall use their best efforts to resolve such dispute amicably.
Any dispute, controversy or claim arising out of these GTCs and relating in particular but not exclusively to their formation, validity, binding effect, interpretation, performance, breach or resolution, as well as any extra-contractual claim shall be submitted to mediation.
The place of mediation shall be the Mediation Center of the Montpellier Bar Association and the language of the mediation procedure shall be French.
In the event of failure or absence of a settlement after a period of three (3) months, the parties shall refer to the courts of law if they so wish.
15.2 Competent courts
Any dispute arising in connection with the validity, interpretation, execution or termination of this contract shall be subject to the exclusive jurisdiction of the competent courts of Perpignan (France).
Article 16 – APPLICABLE LAW
These GTC are subject to French law.
Any dispute relating to the interpretation and execution of these GTC is exclusively subject to French law, to the exclusion of any other law or international convention.
Article 17– DATA PROCESSING AND PRIVACY POLICY
By placing an order to the Seller, directly or through the Site, the Customer consents to the processing of his/her personal data under the conditions and for the purposes indicated herein.
The Customer is presumed to have read and understood this privacy and data protection policy.
The personal data collected by the Seller is therefore processed on the basis of the Customer's consent to these terms and conditions, in order to enable the execution of these terms and conditions and of the orders placed by the Customer.
The Seller ensures that the processing of personal data complies with the formalities and legal obligations of the regulations on the protection of personal data and in particular those prescribed by French Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, Law No. 2016-1321 of 7 October 2016 for a Digital Republic, as well as the European Data Protection Regulation of 27 April 2016 and Law No. 2018-493 of 20 June 2018 relating to the protection of Personal Data.
17.1 Data collected
The personal data collected and processed by the Seller are the following:
- Identity-related data:
The data necessary for an order or the creation of a personal account on the Site in order to place orders online or directly: which are in particular the company name, the Siret number of the Customer, the name and first name of the contact person and/or the representative of the Customer's structure, e-mail address, address, telephone number and password of the Customer, or of the person in charge of the purchases. These constitute data collected by the Seller. This information is mandatory. Otherwise, the Customer will not be authorized to place an order with the Seller.
- Connection data ;
On each visit to the Website, the Site is likely to collect information relating to the devices used by the Customer to access the Site, such as IP addresses, connection data, types and versions of Internet browsers used, types and versions of browser plug-ins used, operating systems and platforms, and data relating to the browsing path on the Site. To this end, the Webite may use cookies when authorized by the user.
- Communication data ;
Data concerning the Customer's communications with the Seller are collected and processed.
17.2 Purposes of data processing
The personal data collected and processed are intended for the Seller for the purpose of fulfilling orders directly or through the Website.
The personal data collected by the Seller are processed for the following purposes:
- The sending of information on the Products and personalized commercial proposals, by any means of communication authorized by the Customer;
- Communications with the Customer regarding his/her order(s);
- To operate the communication and messaging systems provided on the Webite, allowing the Customer to communicate with the Seller;
- The creation of a Customer profile concerning relevant information on the use of the Site;
- To carry out technical operations internal to the Website in the context of problem solving, data analysis, tests, research, analysis, studies and surveys;
- Sending, in accordance with the applicable legal provisions and with the Customer's consent, marketing, advertising and promotional messages and information relating in particular to the use of the Webste.
- Informing the Customer of any changes made to the Website.
- The occasional realization of communication operations on behalf of the Seller's partners.
- 17.3 Duration of data storage
The personal data processed by the Seller are stored for a specific period of time that does not exceed the time necessary for the purposes for which the data are collected and processed, and in any case, for a maximum period of five years after the last live order or use of the personal account on the Website, if it has not been closed by the Customer, with the exception of financial and accounting data, which are stored for the entire period of time required by the tax authorities.
17.4 Members' rights regarding their data
The Customer has a right of access, rectification and portability of his personal data, which he may exercise with the data controller identified below.
The Customer may also object to the processing of his personal data, request their limitation or deletion and withdraw his consent to such processing at any time, again by contacting the controller.
The Customer's requests concerning his personal data shall be addressed to the data controller, as follows:
- by e-mail sent to the data controller, Ms. Louise FERRER, at .
It is specified that in order to access their requests, the Customer will have to prove his identity and identify the data and/or information on which his request is based.
The Customer is informed that, depending on the data he/she wishes to modify or withdraw, the execution of his/her orders may be affected. The Seller shall inform him/her of this if necessary.
17.5 Recipients of the data collected
The Customer's personal data are collected and processed by the Seller and its employees, acting within the limits of their functions.
In addition, this personal data may be communicated to the following persons :
- To third parties who assist in the operation of the Seller's company or the functioning of the website. These third parties are involved in the accounting and administrative management of the company, in the design of the Website, its maintenance and its security, as well as in the recovery of any sums derived from their use.
- To providers of analytical solutions, provided that the data used is anonymized;
- If the Seller is involved in a merger, acquisition, sale of assets or insolvency proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, the Customer will be informed before personal data is transferred to a third party.
Unless they give their prior consent at the time of ordering or registering on the Site by means of a checkbox, the Seller does not intend to sell the data of its Customers or exchange it with third parties.
However, the Seller reserves the right to communicate to the competent authorities all the useful personal data of the Customer in case of serious and concordant indications of a legal violation, and in particular in case of violation of the Data-processing law. The Seller also reserves the right to use and communicate this data for its defense in case of legal action and litigation.
17.6 Security of collected data
The Seller takes the necessary precautions to protect the data collected and processed. He implements organizational and technical measures to protect it against alteration, destruction and unauthorized access, in accordance with the laws and regulations in force as described in Article 16 hereof.
However, it should be noted that the Internet is not a completely secure environment and that the Seller cannot guarantee the perfect security of the transmission or storage of data on the Internet. In the event of a personal data breach, Seller will notify the appropriate authority of the breach as soon as possible and take appropriate measures to remedy the breach. If this violation creates a high risk for the rights and freedoms of the person concerned, it will also notify him of this violation.
In all cases, the Customer retains the right to lodge a complaint with the competent supervisory authority concerning the processing of his personal data.
The Customer is invited to inform the Seller without delay of any finding of a possible breach of security resulting in the accidental or unlawful destruction, loss, alteration, disclosure or unauthorized access to personal data concerning him/her, by contacting the data controller as follows:
- by e-mail sent to the data controller, Mr. Louise FERRER, at .
17.7 Transfer of collected data abroad
The Seller processes and stores the Customer's personal data mainly in the European Union.
However, for the verification of certain data transmitted by the Customer, the Seller may transfer such data abroad, which the Customer understands and accepts by the effect hereof.
In all cases, the Seller undertakes to ensure that the processing of personal data is carried out in accordance with the aforementioned undertakings relating to the collection and processing of personal data, in particular as governed by the regulations in force in the European Union guaranteeing a high level of protection of the privacy and fundamental rights of individuals. It undertakes to apply the same level of protection to its Users' personal data, whether their data is processed in the European Union or outside.
The Seller undertakes to provide the Customer, upon request, with a list of the countries involved in the processing of the data, as well as a list of the measures taken to guarantee a level of protection that complies with the requirements of the European Union's personal data regulations.
17.8 Warning on the protection by the Customer of his personal data
The Seller points out to the Customer that:
- the information accessible from their accounts constitutes personal data;
- the use, by their own care and under their responsibility, of the functions of publication of offers/requests which are available from the Site must be committed in accordance with the provisions of the data-processing law and freedoms, which supposes in particular not to misuse personal data of thirds
17.9 Newsletters
By submitting their e-mail address to the Seller, the Customer agrees that the Seller may send them a newsletter at a frequency and in a form relevant to the Seller's service.
Subject to checking the box provided for this purpose at the time of their registration, the Customer agrees, under the same conditions, to receive newsletters from the Seller's partners.
The Customer shall have the possibility to unsubscribe from the newsletters at any time by clicking on the link provided for this purpose in the newsletters.
PART 2: ADDITIONAL SPECIFIC PROVISIONS TO ONLINE SALES
The provisions of Articles 1 to 17 are also applicable to the sale of Products made through the Website.
Article 18 – WEBSITE EDITOR
The Website is operated by the SARL CHASSITECH, registered in the Trade and Companies Register of Perpignan under the number 353 539 075 and whose head office is located Avenue Philippe Poumies in TAUTAVEL (FR-66720).
The Seller, in its capacity as Website editor, can be contacted at the following address and phone number:
Postal Address : Louise FERRER / Société CHASSITECH, Avenue Philippe Poumies, 66 720 TAUTAVEL - France
Article 19 – ACCESS TO THE WEBSITE
The Website is accessible to any individual or legal entity with full legal capacity to commit to the present terms and conditions and aged 18 years or over.
The Customer is responsible for setting up the information and telecommunication resources needed to access the Site; he/she is responsible for the telecommunication costs incurred when accessing the Internet and using the Site.
Article 20 - REGISTRATION
The Customer who intends to place an order via the Website must have a personal account on the Website.
He must fill in the mandatory fields on the registration form.
The Customer undertakes to provide accurate, up-to-date, sincere information, justified at the first request of the Seller and updated regularly. He must also indicate a valid e-mail address and a telephone number where he can be reached.
Any creation of a personal account will be considered as an acceptance without reserve of the present general conditions. In the absence of orders, the applicable terms and conditions will remain those validated by the Customer at the creation of his personal account on the Site.
Article 21 - RESPONSIBILITY OF CHASSITECH AS EDITOR OF THE WEBSITE
The Seller undertakes to carry out regular checks to verify the proper functioning of the Site and its accessibility; in this respect, it reserves the right to temporarily interrupt access to the Site for maintenance reasons.
More generally, the Seller reserves the right to modify, interrupt or suspend access to the Website at any time, temporarily or permanently, without prior notice to users and without right to compensation.
The Seller shall make its best efforts to allow access to the Site 7 days a week and 24 hours a day, within the limits of its technical possibilities; however, it shall not be held responsible in the event of difficulties in accessing the Site due to circumstances beyond its control, such as disruptions in the telecommunication network.
The Seller does not guarantee that the Site will be usable if the Customer's Internet service provider fails to perform its own service.
Consequently, the Customer declares that he accepts the characteristics, risks and limits of the Internet (in particular performance, response time and transfer) and acknowledges that he is solely responsible for the use he makes of the information he communicates, exchanges or imports, as well as of his access codes to his personal account on the Site.
Article 22 ‐ ADVERTISING
The Seller reserves the right to insert, on any page of the Site, promotional or advertising content in a form and under conditions of which it is the sole judge.
The Customer declares that he is informed and accepts that the website may broadcast advertising and promotional content concerning the Seller's Partners.