GENERAL CONDITIONS OF SALE
Clause n° 1 : Purpose and scope of application
The present general conditions of sale (GCS) constitute the base of the commercial negotiation and are systematically addressed or given to each purchaser to allow him to place order. They are subject to French law.
The general conditions of sale described hereafter detail the rights and obligations of the “micro-entreprise” Eregion Web represented by Mr. Lucas GONTARD (Individual Entrepreneur), as well as the rights and obligations of its customer, within the framework of the sale of the following services: website creation and modification, English courses, computer courses, computer troubleshooting, video editing, digital services, language services.
Any acceptance of the quote / order form by signature including the clause “By signing, I acknowledge having read and accepted the general conditions of sale (GCS) available at the address: www.eregion-web.fr/mentions-legales” implies the unconditional acceptance of the buyer to these general conditions of sale.
Clause n° 2 : Price
The prices of the services and products sold are those in force on the day of the order. The VAT is not applicable, in accordance with article 293 B of the CGI.
The price is calculated from an estimate of the volume of work, on the basis of an hourly rate corresponding to the type of service.
Indicative prices are available at www.eregion-web.fr/tarifs
The micro-enterprise Eregion Web allows itself the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of signing the quote.
For the creation or modification of a website, the price indicated on the estimate written by the micro-enterprise Eregion Web represented by Lucas Gontard does not include the subscription to the hosting of the website nor to the domain name. The billing of the latter is the responsibility of the customer.
Clause 3: Discounts and rebates
The proposed rates include discounts and rebates that the micro-enterprise Eregion Web would have to grant given its results or the assumption of responsibility by the buyer of certain services.
Clause n° 4 : Discount
No discount will be granted in case of early payment.
Clause n° 5 : Terms of payment
The payment of the orders is made :
- either by check ;
- or by bank transfer (to the bank details indicated on the quote).
The payments will be made under the conditions indicated on the signed quote.
Clause n° 6 : Late payment
In case of failure to pay in full or in part of the goods delivered by the due date, the buyer must pay to the micro-enterprise Eregion Web represented by Lucas GONTARD the late payment penalty calculated on the legal interest rate in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior formal notice being required.
In addition to the late payment penalties, any sum, including the deposit, not paid at its due date will automatically result in the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause n° 7 : Resolutive clause
If within fifteen days after the implementation of the clause “Late payment”, the buyer has not paid the outstanding amounts, the sale will be automatically resolved and may give rise to the award of damages to the micro-enterprise Eregion Web represented by Lucas GONTARD.
Clause n° 8 : Clause of property reserve
The micro-enterprise Eregion Web represented by Lucas GONTARD retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of a recovery or a judicial liquidation, the micro-enterprise Eregion Web represented by Lucas GONTARD reserves the right to claim, under the collective procedure, the goods sold and remained unpaid.
Clause n° 9 : Delivery
The delivery time indicated at the time of the registration of the order is given only as an indication and can be subjected to exceptional unforeseen delays.
Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the buyer to :
- the allocation of damages and interests;
- the cancellation of the order.
Clause n° 10 : Force majeure
The responsibility of the micro-enterprise Eregion Web represented by Lucas GONTARD can not be implemented if the non-performance or delay in the performance of any of its obligations described in these terms and conditions of sale arises from a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 11 : Liability
In the context of computer lessons, the teacher is responsible for raising awareness of the Internet. Nevertheless, it remains the responsibility of each and every one of us to be cautious on the Internet, and be aware of the dangers that can be encountered, despite vigilant use.
For this reason, Lucas GONTARD (individual entrepreneur) and Eregion Web cannot be held responsible for any computer-related incident suffered by the student as a result of misuse of the Internet, misuse of the technologies covered in the course, failure to comply with the instructions and advice given by the teacher, as well as any potential scams or piracy on the Internet which the student may fall victim to while using the Internet, and any exposure to the dangers of the Internet which may be encountered despite vigilant use.
It also remains the responsibility of the student to use these technologies wisely, and in compliance with the law.
In the context of private lessons in general, the micro-enterprise Eregion Web represented by Lucas GONTARD reserves the right to put an end to lessons, in the event of non-compliance with any of the present clauses, in the event of serious misconduct on the part of the student, or if it considers that pedagogical progress is no longer possible or desired. In the event of sessions having been paid for but not yet completed, particularly in the case of the “session card” formula, sessions not completed (only) will be reimbursed at the same hourly rate as they were ordered.
Clause n° 12 : Competent Court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of amicable resolution, any dispute will be brought before the Commercial Court of Romans-sur-Isère (26100), located 2 and 4, Rue Sabaton, Le Fanal BP 209 – 26105 ROMANS Cedex, France.
OTHER LEGAL NOTICES
Eregion Web
Lucas GONTARD (Entrepreneur Individuel)
8 lotissement la Truffière
26400 Eurre
France
+33 07.49.19.60.83
SIRET : 88015691400017
Hebergeur du site web
SAS OVH
2 rue Kellermann
BP 80157
59100 Roubaix
France
+33 09.72.10.10.07