General sales conditions (CGV)
to 03/01/2021
DEW-CONSULTING Company
5 avenue de la DIVISION LECLERC 92310 SEVRES
Phone: + 33 7 60 34 29 14
901 819 979 RCS Nanterre
1. GENERAL PROVISIONS
1.1. Object
The DEW-CONSULTING Company exercises:
The provision of all advisory services, business contributions, operational assistance to companies and other public organizations, in France and abroad in terms of strategy, management, management, recruitment, training in engineering and industrial investment in the Agri-food sector.
These general conditions of sale (which may be qualified hereafter by the acronym CGV) detail the contractual conditions (rights and obligations) between SAS DEW-CONSULTING called the Service Provider and the Customer, within the framework of the services defined under the conditions particular.
The present general conditions of sale of services are automatically applicable to any contract relating to the supply of our services concluded by a Customer having the quality of consumer.
1.2. Acceptance
The Customer declares to have read the GTC before placing an order and to have accepted them without reservation. Any order implies acceptance of the general conditions of sale of services in force.
The GTC prevail over all other conditions, with the exception of those expressly approved in writing by the Service Provider, in particular in the special conditions. In this regard, the GTC are enforceable against the customer in accordance with the terms of article 1119 of the Civil Code.
1.3. Contractual provisions
The nullity of a contractual clause does not entail the nullity of the general conditions of sale unless it is an impulsive and decisive clause having led one of the parties to conclude the contract for the provision of services.
The fact that the Service Provider does not take advantage at a given time of one of the clauses of the GTC does not constitute a waiver of these which may apply subsequently.
1.4. Modification of the GTC
The Service Provider reserves the right to modify its general conditions of sale at any time. The applicable general conditions of sale are those in force on the date of the conclusion of the contract with the Customer.
Any modification of the general conditions of sale will be presumed accepted by the Customer who, after having been informed in a simple writing, has not expressed his disagreement within thirty days.
2. ORDERS AND QUOTES
2.1. Order - Quote - Finality
Definition of the order: Any order from the Customer relating to the services and prices of the Service Provider accepted by the latter, accompanied by the payment of the deposit that may be requested (subject to the following).
Any order signed by the Customer constitutes a firm and final sale subject to its acceptance by the Service Provider and can only be called into question in the cases exhaustively listed in these general conditions of sale and in particular under the paragraph "Right of withdrawal".
Except in special cases, the Service Provider's services give rise to the establishment of a prior estimate (assignment letter serving as special conditions mentioning in particular the services, the place, their prices and the duration and / or date of execution of the contract).
The sale will only be considered final after express acceptance by the Customer of the Service Provider's estimate during its period of validity, mentioned on the estimate.
2.2 Modification - Order cancellation
The customer cannot cancel or modify the order without the express agreement of the Service Provider, who can refuse without having to justify a reason.
If accepted, a new estimate or an amendment to the initial estimate is drawn up by the Service Provider and subject to the same formalities as the initial estimate. The same applies if the Service Provider must modify the estimate for one of the reasons mentioned herein.
The Service Provider reserves the right to refuse or cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or for a legitimate reason.
2.3 Duration - End of contract - Early termination
2.3.1 Duration of the contract
The contract takes effect:
Upon acceptance by the Customer of the quotation offered during its period of validity
AND
Payment of the deposit equal to 30% of the total amount of the contract
The fulfillment of the mission by the Service Provider will only begin after receipt of all the documents and information requested from the Customer or a third party.
The duration of the contract is determined according to the specific conditions.
Unless specified in the special conditions, the contract ends without specific formalism, on the expiry date mentioned in the contract or failing that, at the end of the performance of the agreed service (s).
Unless there is a specific written agreement, no fixed-term contract may be tacitly renewed.
2.3.2 Early termination
Apart from the cases referred to above, and subject to the provisions of Article 5.1 below
The contract, whatever its duration, can be terminated by the Customer at any time by registered letter with request for acknowledgment of receipt or by writing on another durable medium against express acknowledgment of receipt (excluding simple acknowledgments of reading or delivery to consignee), in the event of:
Failure of the Service Provider to fulfill its obligation to perform on the date
Or at the end of the deadline set in the special conditions
Or, failing such a date, within thirty days of the conclusion of the contract, after the Service Provider has been ordered, under the same terms and without result, to provide the service within a reasonable additional time.
The contract is considered terminated upon receipt by the Service Provider of the letter or writing informing it of this resolution, unless the Service Provider has performed in the meantime.
However, the Customer can immediately terminate the contract when the Service Provider refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this period constitutes for the Customer an essential condition of the contract. . This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the Customer before the conclusion of the contract.
The costs and risks are the sole responsibility of the Service Provider.
Application of a price increase not justified by a technical modification of the service imposed by the public authorities or by the special conditions (price indexation, etc.), after request by registered letter with acknowledgment of receipt from the Customer (or other durable written support with acknowledgment of receipt) of restoration of the agreed price, which has remained ineffective for fifteen days.
The order can be resolved by the Service Provider, in the event of:
The Customer's refusal that the Service Provider delivers the service;
Non-payment of the price (or the balance of the price) on its due date.
Non-communication by the Customer of documents, documents and information useful for the performance of the Service,
Not made available by the Customer to the representative of the Service Provider of access to the site relating to the service provider's mission,
Risk to the safety and integrity of the Service Provider's representatives, in particular when accessing the Customer's site, in the presence of people presenting a risk, etc.
Inappropriate behavior of the Client towards the representative of the Service Provider.
This resolution will be made by registered letter with acknowledgment of receipt or in writing on another durable medium after formal notice has remained ineffective for a notice period of 7 calendar days (except for another period mentioned in the said letter).
However, termination may occur without notice upon receipt of the Service Provider's registered letter in the event of a serious breach or for a legitimate reason, without prejudice to any claim for damages or additional action (with the Service Provider's option to suspend the provision of services. from the event justifying said termination).
In the event of early termination of the contract without breach by the Service Provider, the latter may invoice the due diligence and costs relating to the services started, retaining, where applicable, all or part of the sums paid by the Customer, without prejudice to any claim for damage and additional interest. .
3. PROVISION OF SERVICES
3.1. Characteristics
The essential characteristics of the services provided by the Service Provider are clearly and understandably described in the estimate (engagement letter) serving as special conditions.
The examples of services, prices, graphics appearing on the website are only indicative and do not constitute a contractual commitment of the company.
4. PRICE
4.1. Selling price
The selling price of the services is that indicated on the special conditions. The Service Provider may contractually provide for an annual indexation of the price of the service under the special conditions, which will apply automatically.
The price of the services is calculated according to the nature of the service:
or a flat-rate when the price can be calculated in advance,
or variable, according to a daily rate defined in the special conditions, applicable to the actual duration of the service provided,
or according to a fixed part and a variable part.
4.2. Additional costs - Disbursements
In addition to the price of the service, the Service Provider may invoice the Customer for additional costs such as:
Additional services subcontracted by DEW-CONSULTING at the customer's request (various audits, legal services, specialized services, etc.)
Travel and accommodation costs which will be the subject of a section in the special conditions of sale and will be re-invoiced identically.
Charges that cannot be reasonably calculated in advance are payable in addition to the price.
4.3. Price modification
The Service Provider reserves the right to modify the prices of its services at any time.
The prices mentioned in the current contract remain firm and non-revisable for the entire duration of the contract.
In the event of a price increase not provided for under the special conditions, the Customer may terminate the contract under the conditions provided for in article 2.3.2 Early termination above.
4.4. Additional payment
Article L. 114-1 of the Consumer Code
“Prior to the conclusion of a contract of sale or provision of services, the professional ensures the express consent of the consumer for any additional payment on top of the price of the main object of the contract.
In the event that the additional payment results from the customer's consent given by default, that is to say in the absence of express opposition on his part to paying options that he has not requested, the consumer can claim reimbursement of the sums paid for this additional payment.
5. PAYMENT OF THE PRICE
5.1. Payability
The payments made by the Customer will be considered as final only after effective collection by the Service Provider of the sums due.
The sums paid cannot be considered as a deposit.
5.2. payment methods
Payment will be made exclusively:
By bank transfer, or direct debit on request and authorization (RIB in annex)
Payment of 30% with the order which triggers the start of the service
The balance at the end of the service after delivery of the documents formalizing the end of the service (report or explicit end of mission letter)
5.3. Late payment
Any sum not paid on the due date is productive, without prior notice:
A lump sum compensation for recovery costs of € 150
Interest at the rate mentioned in the special conditions and failing that at the legal rate increased by 1.5%
These sums are due the day following the date of payment appearing on the invoice.
5.4. Default of payment
The Service Provider reserves the right, when the agreed price is not paid on the due date, either to request the execution of the contract or to terminate the contract under the conditions provided for in article 2.3.2.
In the event of a plurality of deadlines, the failure to pay one of the deadlines results, when the Service Provider does not opt for the resolution of the order, the immediate enforceability of subsequent deadlines.
6. PERFORMANCE AND DELIVERY OF THE SERVICE
6.1. Time limit
The services are provided on the date or within the timeframe indicated in the contract.
The Customer undertakes to provide the service provider with all the documents and information necessary for the performance of the service, as soon as the Service Provider requests.
Failing this and without prejudice to the foregoing, the service provider will not be required to respect the deadline / date provided for in the special conditions. He will perform the service within a maximum period of 30 days from receipt of all of the aforementioned documents and information.
6.2. Delay
When the service is not provided within the time / date mentioned above, the customer can terminate the contract according to the terms described in article 2.3.2.
These provisions will not apply if the delay in delivery is caused by the fault of the Customer (withholding of information, documents transmitted late, etc.).
6.3. Place
The services can be performed either:
On the site or in the premises of the Customer indicated by him on the contract. Any change of address must be notified in writing to the Service Provider at least 15 days before the completion of the assignment.
In the premises of DEW-CONSULTING
In any other place relating to the provision of service
The price of the service as well as the travel costs will be adapted according to the location of the service
The location can be determined in whole or in part when signing the contract
6.4. Modalities
The professional performs the service using his own tools, in particular IT, telephone and internet connection (4G Key, etc.) and travels in connection with his mission with his own means of transport or, failing that, by the means made available by the customer.
The Client must allow the Service Provider and his representatives to accomplish his mission in a healthy and adequate environment (security) and give him access to the various areas and documentation related to his mission.
7. OBLIGATIONS, RESPONSIBILITY, FORCE MAJEURE
7.1 Obligations of the Service Provider
The Service Provider is bound by an obligation of means in the performance of his services. As such, he undertakes to implement the measures allowing the accomplishment of his mission defined in the contract.
Given the nature of its services, the Service Provider is liable for its responsibility in terms of common law of contracts. The legal guarantees of conformity and hidden defects defined in articles L217-1 and following of the Consumer Code and 1641 and following of the Civil Code do not apply to the contract between the Service Provider and the Customer.
7.2. Exemption from liability and force majeure
The Service Provider cannot be held liable in the event of non-performance or improper performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.
8. CONFIDENTIALITY and INTELLECTUAL PROPERTY
8.1 Confidentiality
Throughout the negotiation period and until the end of the service, the parties undertake not to disclose any information or any document of the other party without the express authorization of the latter.
Each party undertakes, during the execution of the contract or after the end of the service not to use for commercial purposes or for the benefit of a third party the professional data or documents used during the execution of the said service.
8.2 intellectual property
Each party will retain full and entire ownership of the work plans, drawings and other document as well as the methods, know-how and tools that are specific to it.
Any realization, studies or documentation carried out or developed within the framework of the execution of the contract will be and will remain the property of the customer even if it is the fact of the staff of DEW-CONSULTING.
However, DEW-CONSULTING reserves the right to use the lessons and know-how drawn from the execution of the contract without using originals or identical reproduction of documents or solutions created exclusively for the client.
9. RIGHT OF WITHDRAWAL
9.1 Customer information - Date of commencement of performance of the service
When the contract with the Service Provider is concluded remotely or outside the establishment, the Customer has 14 days to exercise his right of withdrawal without having to justify his decision.
The Service Provider will not be able to start performing his mission within this allotted time.
However, if the Consumer Client wishes the performance of the service to begin before the end of the 14-day withdrawal period, the Service Provider must collect his express request, by all means for contracts concluded at a distance and on paper or durable medium for contracts concluded off-premises.
The Customer who has exercised his right of withdrawal from a contract whose execution has begun at his express request before the end of the withdrawal period, must pay the Service Provider an amount corresponding to the service provided until the communication of his decision to retract ; this amount is proportional to the total price of the service agreed in the contract.
However, in application of Article L. 221-28 1 ° of the Consumer Code, the customer is informed that the right of withdrawal cannot be exercised for contracts for the supply of services fully executed before the end of the withdrawal period and the execution of which has begun after its prior express consent and its express waiver of its right of withdrawal.
9.2. Conditions and procedures for exercising the right of withdrawal
To exercise the right of withdrawal, the Customer must notify the Service Provider within the aforementioned period:
Its name, geographic address and, when available, telephone number and e-mail address;
Its decision to withdraw from the contract by means of the model withdrawal form sent with these GTC, or an unambiguous declaration (for example, letter sent by post or email as soon as these contact details are available at the Provider and therefore appear on the standard withdrawal form).
9.3. Effects
The exercise of the right of withdrawal terminates the obligation of the Parties either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer. It also automatically terminates any ancillary contract to the main contract at no particular cost.
In the event of withdrawal by the Client, the Service Provider shall reimburse the payments received without delay and no later than fourteen days from the day on which he is informed of the Client's decision to withdraw.
The reimbursement is made using the same means of payment as the one that the Customer used for the initial transaction, except with the Customer's agreement for another means of reimbursement and in any event at no cost to the Customer.
10. PROCESSING OF PERSONAL and PROFESSIONAL DATA
(CNIL DECLARATION NO .: 80850373400010)
10.1 Management of personal data
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n ° 2016-679).
10.2 Responsible for the collection of personal data
As responsible for processing the data it collects, DEW-CONSULTING undertakes to comply with the framework of the legal provisions in force. It is up to the Client in particular to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of treatments in line with reality. Whenever the company processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which they process them.
10.3 Purpose of the data collected
DEW-CONSULTING may process all or part of the data:
To allow the management and traceability of the services and services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
To prevent and fight against computer fraud (spamming, hacking, etc.)
DEW-CONSULTING does not sell your personal or professional data, which is therefore only used out of necessity or for statistical and analytical purposes.
10.7 Incident notification
No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we became aware of a security breach, we would notify affected customers so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal customer information from there The DEW-CONSULTING company is not published without its knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of repurchase The company DEW-CONSULTING and his rights would allow the transmission of said information to the possible purchaser who would in turn be bound by the same obligation to store and modify data with regard to the customer of the company DEW-CONSULTING
11. MEDIATION
In the event of a dispute, DEW-CONSULTING will do everything in its power to find a solution satisfactory to both parties.
If there is no solution within 21 days of your request, you can enter
Mediation of the National Association of Mediators (ANM) head office 62 Rue Tique tonne, 75002 Paris, telephone 01 42 33 81 03 with a delegation in Rhône-Alpes, which will seek, free of charge for the Customer, an amicable settlement.
12. LIMITATION OF LIABILITY
DEW-CONSULTING company is only subject to an obligation of means vis-à-vis its client.
The responsibility of DEW-CONSULTING cannot be sought for damages resulting from errors resulting from erroneous documents or information provided by the customer.
In the event of liability The company DEW-CONSULTING will be engaged during the performance of the service on duly proven faults, the customer can only claim damages from DEW-CONSULTING up to the limit of the price excluding VAT of the service.
- The responsibility of DEW-CONSULTING is limited to only material damage caused directly by the service provider.
Under no circumstances will DEW-CONSULTING be required to compensate non-material damage such as, in particular, operating losses, loss of profit, loss of production, loss of contracts, loss of image or additional staff costs.
13. COMPETENT COURT
-
In the absence of an amicable agreement, you can go to court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all the documents related to this contract.
The competent court will be that of the place of domicile of the defendant (article 42 of the code of civil procedure) or before that of the execution of the service (article 46 of the code of civil procedure).
Ex: court of Nanterre
14. LANGUAGE AND APPLICABLE LAW
The language of the contract is French.
The law applicable to the contract is French law.
These general conditions of sale (which may be qualified below by the acronym CGV) detail the contractual conditions (rights and obligations) between SARL GROUPE ALTITUDE called the Service Provider and the Consumer Customer, within the framework of the services defined under the conditions particular.
The present general conditions of sale of services are automatically applicable to any contract relating to the supply of our services concluded by a Customer having the quality of consumer.
The Customer declares to have read the GTC before placing an order and to have accepted them without reservation. Any order implies acceptance of the general conditions of sale of services in force.
The GTC prevail over all other conditions, with the exception of those expressly approved in writing by the Service Provider, in particular in the special conditions. In this regard, the GTC are enforceable against the customer in accordance with the terms of article 1119 of the Civil Code.