ARTICLE 1 - GENERAL
MATTS DIGITAL has for direct or indirect object, the distribution and the sale in France and abroad, of all products, software, materials and services, in the data-processing, Virtual Reality and Augmented Reality fields (hereinafter called "Products") as well as the supply of various associated services, such as cosmetic reconditioning, advanced logistics, pre-configuration, technical support, etc. of all or part of these Products (hereinafter referred to as "Services").
Sales of Products and Services offered by MATTS DIGITAL are subject to these general conditions (hereinafter "General Conditions") which constitute the basis of the negotiation.
These General Conditions can be viewed and downloaded from our site www.matts-digital.com. In the event that a translation into a foreign language (eg English language) is made available to the Client by MATTS DIGITAL, the terms of the French version will prevail.
The contrary clauses of specific conditions prevail over these General Conditions as soon as they are signed by MATTS DIGITAL and the Client. By ordering the customer of MATTS DIGITAL (hereinafter the "Customer") is deemed to have read these terms.
The fact that the Customer places an order with MATTS DIGITAL implies his full adhesion to these General Conditions and the express exclusion of any other condition of the Customer or any document emanating from him which is not signed by MATTS DIGITAL. They constitute with possible special conditions signed by the parties the only contractual documents between the parties.
The fact that MATTS DIGITAL does not take advantage of any of the General Conditions at any given time cannot be interpreted as a waiver of the right to take advantage of these general conditions at a later date.
If one of the conditions of these General Conditions turns out to be invalid, the Parties undertake to negotiate in good faith the replacement of the invalid condition, all the other conditions remaining in force.
If applicable, any new version of these communicated by MATTS DIGITAL to the Customer will apply to any new order regardless of the precedence of the relations between MATTS DIGITAL and the Customer.
ARTICLE 2 - ACCOUNT OPENING
Each new Customer who wishes to have the payment deadlines defined in point 5.2., Must first make an account opening request. This request will be made with the dedicated document sent on request: Account opening request.
This request must be sent to MATTS DIGITAL stamped and signed with acceptance of the general conditions provided for this purpose (on simple written request an English version of the General Terms and Conditions of MATTS DIGITAL can be sent for information) accompanied by:
- A bank statement,
- A certificate of authentication from the company mentioning the allocation of its intra-community VAT number,
- A company letterhead,
- A photocopy of the manager's identity card,
For each opening request, MATTS DIGITAL has a financial study carried out. Depending on the information communicated to it, MATTS DIGITAL reserves the right not to accept the opening of an account if this information is not satisfactory with regard to the objective criteria adopted by MATTS DIGITAL. In addition, during this opening, MATTS DIGITAL determines, according to said objective criteria, a work in progress beyond which each order or part of an order must be paid in cash when ordering by bank transfer. MATTS DIGITAL reserves the right to close and / or reduce the outstanding amount, at any time, an account in the event of late payment or new financial information which does not comply with the objective criteria adopted by MATTS DIGITAL for the granting or maintenance an account.
ARTICLE 3 - ORDER
Any offer to sell Products / Services is subject to stocks / capacities / teams available. Unless otherwise stipulated in the proposal, the period of validity of an offer or proposal for Products or Services is one week.
The contract is definitively concluded as soon as MATTS DIGITAL sends the Customer the acknowledgment of receipt of the order. In accordance with the law, no order, no contract definitively concluded may be partially or totally canceled by the Customer.
Each order must contain the following information:
- Delivery and billing address,
- The exact references, designations and quantities of the Products / Services ordered,
- The net prices if determinable at the time of the order
ARTICLE 4 - CHOICE OF PRODUCT OR SERVICE
The characteristics of the Products and Services are given in the pricing of MATTS DIGITAL available to the Customer before placing an order and in particular on the dedicated website of MATTS DIGITAL. The Client, who is a professional, is the only one able to make the choices of Products and / or Services based on the characteristics given by MATTS DIGITAL. On request, MATTS DIGITAL is able to answer any questions about the characteristics of the Product or Service.
This choice is therefore made under the sole responsibility and at the risk of the Client. In case of inadequacy of the Products or the Service to the needs of the Customer, the Customer acknowledges being solely responsible for the choice he has made and vouches for it with MATTS DIGITAL. The Customer undertakes to take out any insurance policy necessary to allow exemption from total liability of MATTS DIGITAL in the event of disputes with its own customers.
MATTS DIGITAL puts at the disposal of its Customers the data and information relating to the Products or Services as in particular the level of stocks of the Products as well as the ordering system by computer.
ARTICLE 5 - PRICES - PAYMENT
The prices of Products and Services are fixed, as the case may be, by the standard MATTS DIGITAL tariffs in force on the day of the order or within the framework of a specific MATTS DIGITAL offer.
MATTS DIGITAL reserves the right to modify its prices at any time (excluding specific offers during the validity period). It is therefore the responsibility of the Customer to inform himself of the prices in force at the time of the order.
For all orders in mainland France, transport costs of € 9.90 excl. VAT will be invoiced in addition. For Germany, Austria, Benelux, Italy, Spain and Portugal, the transport costs will be 14.90 € HT. for Switzerland and the other countries of the European Union, the transport costs will be 19.90 € HT. For all other countries, the prices are "EX WORKS" (in accordance with the Incoterms CCI Edition 2010).
MATTS DIGITAL will automatically apply, according to the applicable regime, any new tax or any increase in the rates of existing taxes.
Unless a Customer account is opened under the conditions provided for in ARTICLE 2 - hereof, payments are made with the order by bank card or bank transfer according to the bank details specified on the invoice or draft. In the event of payment by draft, the Customer must return the accepted draft within eight (8) days from the date of issue of the draft. Failing acceptance and return of the draft within this period, payment will become immediately due.
In the event of the opening of a Customer account under the conditions provided for in ARTICLE 2 - hereof, and within the limit of the outstandings provided, the payment periods are 30 days net from the issue of the invoice. Payments must be made to the payment bank account communicated by MATTS DIGITAL.
In any event, even in the event of the opening of a Customer account, MATTS DIGITAL reserves the right for the first order to request payment before delivery (in whole or in part). MATTS DIGITAL reserves the right to send invoices electronically in accordance with article 289 VI of the General Tax Code, which the Customer expressly accepts and therefore renounces to receive an invoice on paper. In any case any claim authorizes the Customer to suspend or refuse all or part of an invoice or to retain all or part of the sums due by him, or to operate compensation.
In accordance with articles 1344 and 1231-6 paragraph 2 of the Civil Code, the arrival of the due date of one or more invoices will be worth automatic notice to pay the Customer, without any formality.
In the event of non-payment of all or part of an invoice, or of a due date, in the event of payment in installments, MATTS DIGITAL reserves the right, until full payment of the current invoice, to suspend any delivery or any current contract, to terminate any current contract, without prejudice to any damage and interest that may be claimed by MATTS DIGITAL and without right to claim from the Customer. In addition, any other invoice that has not yet become due will become immediately due and MATTS DIGITAL may therefore demand the immediate payment of all invoices that are not due, the amounts of unpaid invoices will be increased by the costs consecutive to the delay in payment. Invoices will be payable in cash when the order is paid.
In the absence of payment by the agreed due date, the Customer must, in addition to the principal amount, pay:
- Late payment penalties applicable per day of delay and calculated from the due date of the invoice in question at the refinancing rate of the European central bank in force on the first day of each calendar semester, increased by 10 percentage points, this rate cannot be less than 3 times the applicable legal interest rate, in accordance with article L. 441-10.-I of the French Commercial Code,
- The flat-rate compensation for recovery costs (currently set at 40 euros) per invoice,
- And any damages that MATTS DIGITAL may request.
In the event of recovery by a bailiff or a court, the Client must, in addition to the principal amount, pay as a criminal clause a lump sum of 15% of the sums due, without prejudice to conventional interest, as well as all costs and collection fees.
In addition, MATTS DIGITAL may ask the Customer to provide it with payment guarantees, in particular by bank guarantee. If necessary, MATTS DIGITAL may withhold delivery of the Products and realization of the Services concerned until the presentation of the guarantee. The outstanding amount granted is a faculty of MATTS DIGITAL which reserves the right to modify it at any time according to the financial information of the Client.
In case of disagreement on the amount invoiced, the Customer has a period of seven (7) days from the date of the invoice to notify by registered mail with acknowledgment of receipt to MATTS DIGITAL, Litigation services, his disagreement accompanied by all the corresponding supporting documents. Otherwise, the invoice is deemed irrevocably accepted by the Customer. In the event of a dispute, the Client undertakes to pay the undisputed sums without delay. MATTS DIGITAL will inform the Client of the follow-up it intends to give to this dispute. The rejection of the dispute by MATTS DIGITAL will immediately make the sums remaining due payable.
ARTICLE 6 - DELIVERY - TIME LIMITS - FORCE MAJEURE
- For deliveries in mainland France
Deliveries in mainland France (excluding Corsica) are in principle made within 24/48 hours from the departure from our sites.
Deliveries under our conditions are simple: no appointment made, delivery to reception and during the day. A delivery which requires special delivery conditions may be subject to additional invoicing. The delivery of the Products is deemed to have been made on the arrival of the Products to the address indicated on the order form and according to the proofs of delivery from our carriers.
- For deliveries outside mainland France and Corsica
In the event that MATTS DIGITAL carries out or has carried out the transport, it is carried out for the order and on behalf of the Customer. In the latter case, the Customer must specify the place of delivery. Otherwise, delivery will be made when the Products are made available in MATTS DIGITAL warehouses.
Deliveries will be either "EX WORKS" or "DAP / DAT" (in accordance with the Incoterms CCI 2010 edition) according to what was planned during the creation of the Customer file during the first order and unless otherwise agreed in writing between the Parties.
For “EX WORKS” deliveries, the Products will be delivered on the date and at the place of availability of the Products in MATTS DIGITAL warehouses and for CIP deliveries on the date and at the place of delivery to the first carrier Products in MATTS DIGITAL warehouses. In both cases, the coordinates of the corresponding warehouse are communicated by MATTS DIGITAL beforehand.
MATTS DIGITAL is authorized to make partial deliveries. Any partial delivery accepted by the Customer is billable upon delivery.
- The delivery times for the Products or the execution of the Services are given for information only and subject to the supply possibilities of MATTS DIGITAL and the schedules of MATTS DIGITAL. Consequently, their overruns do not give rise to the cancellation of the order or to any damages.
- In the event of firm deadlines duly accepted by MATTS DIGITAL, these will only start to run from the date of confirmation of the order by MATTS DIGITAL and receipt of payment in the event of a request for payment on the order provided for in article 5.2, and in no case before.
- When the Customer must present the Documentary Credit or the certificates established by the national or foreign administrative authorities, the delivery times will be extended accordingly.
- Delivery on time can only take place if the Customer is up to date with its obligations towards MATTS DIGITAL.
In addition to the events usually retained by French case law in the event of force majeure, the obligations of the Parties will be automatically suspended in the event of events beyond the control of one of the Parties, which could not reasonably have been foreseen when the Contract was concluded. and the effects of which cannot be avoided by appropriate measures, and which prevent the performance of its obligation by the Party concerned. The Party noting the event must immediately inform the other Party of its impossibility of performing its obligation and justify it to the latter.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the Contract.
If the impediment is final, the Contract is automatically terminated, and the Parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor may it lead to the payment of damages or interest or penalties for delay. However, as soon as the cause of the suspension of their reciprocal obligations has disappeared, the Parties will make every effort to resume normal execution of their contractual obligations as soon as possible.
ARTICLE 7 - TRANSFER OF RISKS – PROPERTY RESERVE
The transfer of risks of MATTS DIGITAL's Products to the Customer for Franco sales, at the time of arrival of the Products at the place of delivery after unloading. For all other sales, the transfer of risks takes place when the order is made available in MATTS DIGITAL warehouses and for CIP sales when delivered to the first transporter. The Customer therefore undertakes to take all care in the custody of the Products and to take out an insurance policy covering all damage and claims likely to be caused to the Products or by them upon delivery or removal. As of the transfer of risks, the risks of loss, theft, damage or destruction are the responsibility of the Customer.
The transfer of ownership of the Products delivered to the Customer will only take place after full payment of the price in principal, interest and accessories. Payment will be deemed acquired only after collection of the amounts due. The non-performance by the Customer of its payment obligations, for whatever reason, gives MATTS DIGITAL the right to claim the Products and to demand the immediate return of the Products delivered at the Customer's expense and risk.
The Customer undertakes, in the event of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of the Products in his stocks and of which MATTS DIGITAL claims ownership. Failing this, MATTS DIGITAL has the right to have the inventory ascertained by a bailiff, at the Customer's expense. The Customer is prohibited from reselling, transforming or incorporating the Products delivered from the date of the judgment pronouncing the receivership or the liquidation of his company's property. MATTS DIGITAL may prohibit the Customer from reselling, transforming or incorporating the Products in the event of late payment.
The Customer may assign to MATTS DIGITAL in the event of resale, the claims arising for his benefit from the resale to a third party purchaser, but shall remain liable to MATTS DIGITAL, primarily, for the proper settlement of invoices relating to the initial sale.
ARTICLE 8 - PROCEDURE FOR THE PURCHASE OF MATERIAL FREE OF TAX AND EXCLUDING TAX
For the purchase of Products free of VAT for a Customer whose head office is located in metropolitan France, wishing to export the Products, the Customer undertakes to formulate beforehand a request for opening a Customer account under the conditions of ARTICLE 2 - of these tax free from MATTS DIGITAL. After obtaining this Customer account, the latter undertakes to send the following documents prior to any delivery by registered mail with acknowledgment of receipt only:
A photocopy of the annual visa waiver for the current year, issued by the Customer Tax Center which is subject to a compliance check.
An annual purchase certificate free of unencrypted VAT, drawn up in original on the Client's letterhead.
In addition, the Customer undertakes to mention the invoicing free of VAT when ordering. If one of these conditions is not met, invoicing free of VAT cannot be carried out and an invoice with VAT will be established.
For the purchase of duty-free Products made by a Customer whose head office is located outside of France but in the European Union, the Customer undertakes to also make a request beforehand for opening a Customer account with MATTS DIGITAL and to accept that the choice of carrier is made by MATTS DIGITAL.
Procedure for purchasing a Duty-Free product subject to license: any purchase subject to an individual export license issued by the French and European administrative authorities requires a prior period of 60 days before confirming the order. The Customer undertakes to obtain from its final customer the form "sales obtain end user undertaking EUU form" duly completed and to give it to MATTS DIGITAL.
Otherwise, the order is canceled. In addition, the Customer undertakes, under his sole responsibility, to comply with the regulations regarding export and re-export to the country of destination and in particular not to resell the Products to customers or in countries where subject to restrictions.
ARTICLE 9 - CONTROL OF PRODUCTS ARRIVAL - CONTROL OF SERVICES
In the case of transport under the responsibility of the Customer (see article "ARTICLE 7 - TRANSFERT OF RISKS – PROPERTY RESERVE"), all operations of transport of Products are at the expense, risk and peril of the Customer, it is up to the customer to verify the Products on arrival, and to issue, if necessary, complete, reasoned and as precise reserves as possible, and to exercise its appeals against the carrier.
In the case of transport under the responsibility of MATTS DIGITAL, in case of loss, substitution or damage, related to transport, the Customer must mention them on the delivery voucher that he has countersigned by the carrier's representative and confirms his reservations with three-day legal letter or out-of-court act, pursuing Article L. 133-3 of the Code of Commerce.
A copy of the letter to the carrier should be sent to MATTS DIGITAL, as well as the reservations mentioned on the carrier's delivery order. Failing to make these reservations under these conditions, the Products will be deemed to be in good condition and without missing.
ARTICLE 10 - MATTS DIGITAL RESPONSABILITY
MATTS DIGITAL is committed to using all means at its disposal to offer the Customer the best quality of service and security in accordance with applicable professional standards. Another title of all its obligations to the Client, MATTS DIGITAL is a debtor of a means obligation.
No liability of MATTS DIGITAL may be incurred when the non-performance, poor performance, delay in the execution or suspension of the contract comes from a foreign cause, fortuitous or force majeure, made by a third party or made the Client himself.
In the event that MATTS DIGITAL's contractual liability is to be recognized, the reparations to which the Client could claim will be limited to the only legitimate, direct, certain and personal damages suffered by the Client and which have entered the contractual field to the exclusion of any material indirect damages such as loss of turnover, loss of customers, damage to the customer's brand, loss of production, loss of operation, loss of chance, loss of chance, loss of financial or commercial or other harm, etc.
In any event, the remedy to which the Customer will be entitled will be limited in its quantum to the total amount that the Customer paid to MATTS DIGITAL for the performance of the service which proved to be defective (e.g. in the case of a single defective product, the quantum of the repair will be limited to the sums incurred for this product).
ARTICLE 11 - OBLIGATIONS OF THE CUSTOMER
In addition to the payment of the price of the Proceeds/Services and any other obligations placed on him under these, the Client undertakes to implement all the technical, human and material means necessary for the proper operation and execution of the contract.
In particular, it undertakes to promptly provide MATTS DIGITAL with all the information it will be asked for in the context of the execution of the contract, to actively cooperate in the execution of the contract.
The Client is committed to complying with all legal and regulatory requirements in force, in particular those relating to computer science, files, freedoms and intellectual property, as well as the rights of third parties.
ARTICLE 12 - CLAIM / PRODUCT COMPLIANCE
When the Products are received, the Customer must immediately verify their compliance with the order. Thus, all claims relating to an inaccuracy in quantities or an erroneous reference to the order must be made to MATTS DIGITAL within two days of receipt of the Products, without neglecting the remedies against the Carrier under the terms of Article 9 of these. After this time, no such claim will be possible.
If the claim proves to be well founded and has been filed within the aforementioned deadline, MATTS DIGITAL will endeavor to regularize the situation as soon as possible in connection, if necessary, with the manufacturers concerned.
In the case of a non-compliance of the Products itself (i.e. Defective Products) the guarantee of ARTICLE 13 - will apply according to the process provided for in the same article and articles 2 and ARTICLE 14 - of these
In all claims, the Customer will have to grant any ease to the Manufacturers or TO MATTS DIGITAL to proceed, if necessary, with the finding of the claims, and to communicate to them any information/documents useful at first request.
Any refusal to receive the Products by the Unmotivated Customer will result in the Payment by the Customer of compensation to MATTS DIGITAL, at a minimum administrative management fee of 40 euros plus, notwithstanding any claim for additional damages.
Request for return for non-compliance of products
No return of Products, under a Product guarantee provided for in ARTICLE 13 - will be accepted without an express and prior agreement from MATTS DIGITAL. The return request will have to be made by email to the address [email protected] .
Upon receipt of the customer's request for return, MATTS DIGITAL will agree to return the product via an "RMA voucher" or justify its refusal to take over the product, which will then be addressed to the Customer.
Upon return, the Customer will have to attach the correct RMA to the returned products, and which will appear prominently outside the returned package. Returned products will be at the Customer's expense and risk.
ARTICLE 13 - GUARANTEE
New Products Guarantee
Barring specific conditions, the products sold by MATTS DIGITAL follow the only guarantees provided by the manufacturers from the date of delivery as defined herein. It is up to the Customer to be aware of the manufacturer guarantees applicable before any purchase. The Customer is deemed to have been aware of it at the time of the order.
MATTS DIGITAL reminds us that it depends on the manufacturer to apply the warranties to the product delivered, as well as to the missing items. Under no circumstances can MATTS DIGITAL be required to guarantee if the defect found is not covered by the manufacturer's warranty.
Some manufacturers apply invoices in case of return under unjustified warranty (no defect, defect of use.). These possible invoices will be systematically carried over, by MATTS DIGITAL, to the customer concerned.
Guarantee Repair Services:
This warranty only applies to the repair carried out by MATTS DIGITAL, i.e. for the same symptom. A broken item for a different symptom is not covered by the warranty of the previous repair, except to demonstrate a cause-and-effect relationship.
Unless there is a specific agreement, the repair guarantee is 3 months for the interventions carried out by MATTS DIGITAL.
Unlike the Product guarantees described above, the products concerned can be sent indiscriminately with other non-guaranteed products. There is no need to apply for prior acceptance. The warranty period is automatically analyzed using repair traceability codes. In the absence of a warranty, the repair is invoiced on the basis of the repair costs applicable at the time of return, the Customer being deemed to have been aware of it before returning the product concerned. The costs of sending the defective are the responsibility of the Customer.
Guarantee Other SERVICES MATTS DIGITAL (excluding repair)
The guarantee of MATTS DIGITAL is expressly limited to the proper performance by MATTS DIGITAL of its Services in accordance with the rules of the art and the stipulations of the contract or order. As part of the service's execution, MATTS DIGITAL undertakes to execute them with all the diligence of a professional, AS MATTS DIGITAL is only subject to a means obligation. The guarantee can only be implemented by the Customer.
MATTS DIGITAL undertakes to re-perform the defective service subject to a claim by the intervening Customer within 15 days of the delivery of the product affected by the service.
Exclusions from warranty
No Manufacturer or MATTS DIGITAL warranty is, in any case, given to the Customer in the following cases:
Products damaged or made defective as a result of:
To a non-compliant use of the use for which it was designed,
Virus infections or the use of the Product with software that is not provided or improperly installed,
Inappropriate transport or packaging when the Product is returned by the Customer,
At a product change,
To an improper installation of third-party products (e.g. memory card),
Storage without protection or for a long time,
Neglect, connection or handling error, maintenance and use of the product that does not comply with the manufacturers' technical specifications/MATTS DIGITAL or, more generally, defective or clumsy use (e.g., misuse, breakage, excessive heat, corrosion, oxidation, brutal handling, etc.)
To an addition of complementary device or accessory of the product, or use of any parts necessary for the operation of the Product not in accordance with the technical specifications of the manufacturers/MATTS DIGITAL,
Any abnormal use of the Product, as products are only intended for normal commercial use, they should not be applied in critical safety systems, life support applications, nuclear and weapon production unless they have written approval from the Product Manufacturer.
The warranty does not cover:
Damage caused by use with another product:
use of accessories or devices whose condition type and standards do not meet the manufacturer's requirements,
Consumable materials such as batteries, as well as accessory cords,
Cosmetic defects, including scratches, shock marks, or defects of connecting port protection plastics, cracks or scratches of the LCD screen and hulls,
Replacements of parts as a result of normal wear,
Losses or damage to removable software, data or storage media. The Customer is responsible for backing up any removable programs, data or storage media. All customer data will be systematically deleted during testing and repair,
Operator-related malfunctions (availability, coverage, services, network capacity),
Damage from a waterproofing defect.
The warranty does not apply:
If the product has been opened, modified or repaired by a third party,
If the product's battery has been short-circuited, the seals in the battery compartment or cells have been damaged, or show signs of forced opening,
If the product's moisture detector has gone red,
The warranty does not cover outages or damage resulting directly or indirectly from the shipping conditions (e.g. improper packaging, damage during transport, etc.) from Customer Products to MATTS DIGITAL or Manufacturers
a warranty exclusion case, described above, is found and excluding section 5, MATTS DIGITAL may at its discretion:
Offer a reclamation quote as part of a return for repair. The setting of the quote gives rise to a billing for diagnosis, deducted if the quote is accepted. If the Customer refuses, the equipment will be returned as it is at the customer's advanced expense and after payment of the diagnostic fee.
Issue, in the event of an advanced exchange made (sending a new Product by MATTS DIGITAL before return), an invoice corresponding to the refurbishment costs.
MATTS DIGITAL reserves the right to charge a management fee of 40 euros HT in case of unjustified return.
The warranty period expires
The expiry of the warranty period ends all MATTS DIGITAL contractual obligations. In this regard, the guarantees specified in this ARTICLE 13 - are the only data given to the Customer, excluding any other guarantee of a particularly legal nature.
ARTICLE 14 – PRODUCT RETURNS
No return shall be accepted after one (1) months from the date of the express and prior agreement of MATTS DIGITAL on the correct RMA.
Returns of products accepted by MATTS DIGITAL will result, according to the manufacturers' SAV terms or at the sole discretion of MATTS DIGITAL, to a repair, replacement, or the establishment of an assets, the amount of which will be equal to the amount initially billed.
In the particular case of an application to have accepted, the primary packaging of the material to be returned must be unopened and:
Without any markings or tags, including transport,
Overpackaged carefully in a suitable secondary carton.
Any returned product that does not meet these requirements will systematically result in a refusal to have to be received.
In the event of an advanced exchange (before the return of the defective product), the Customer must return the defective product within the aforementioned time. After this period, an invoice for the amount of the item exchanged will be automatically filed.
The cost of returning the defective product is the responsibility of the Customer. The packaging must therefore ensure the preservation of the material during transport. The costs and risks of return will be borne by the Customer (MATTS DIGITAL advises the Customer to take out insurance covering the risks inherent in transport).
Returns not accepted
When Products are returned without the express and prior consent of MATTS DIGITAL, they will be systematically refused and returned to the sender at its own expense. In this case, the corresponding bill will of course be paid at maturity. Risks relating to products returned without express and prior agreement from MATTS DIGITAL will be borne by the Customer. This 14.2 will apply in the assumptions of returns made out of time.
In the absence of payment within 30 days of the 220.127.116.11 charge by the Customer in the event of a warranty exclusion, a storage fee will be charged if necessary. After re-raising by recommended letter with acknowledgement, MATTS DIGITAL will be able to proceed with the destruction of unremoved material within one month. No compensation of any kind can be claimed by the Client at MATTS DIGITAL.
Article 15 – TERMINATION OF CONTRACT
In the event of the Customer's non-compliance with any of its obligations, and after a period of 48 hours following a notice addressed by letter of reception with acknowledgement, which has no effect, the corresponding order will be terminated as of right to the customer's wrongs and grievances. If so, the Products sold will have to be returned to MATTS DIGITAL if it pleases, and without prejudice to any damages it may claim. In any event, the total amount of the order or current contract will remain due by the Customer.
ARTICLE 16 – INTELLECTUAL PROPERTY
Products delivered by MATTS DIGITAL are protected by intellectual property rights and remain the exclusive property of their owner. In particular, any act of copying may constitute infringement.
The Client acknowledges that all data, images, photographs and texts including product listings made available by MATTS DIGITAL on the website of MATTS DIGITAL remain the exclusive property of MATTS DIGITAL and are exclusively reserved for customer's relationship with MATTS DIGITAL. As a result, the Customer prohibits himself without prior and written permission from MATTS DIGITAL:
To duplicate, copy, print or publish this data, photo images and texts and, more generally, to use it for any commercial purpose,
To extract data, images, photographs and texts,
Use this data, images, photographs and texts as a basis in the development of catalogues or other marketing and commercial tools.
ARTICLE 17 - CONFIDENTIALITY
The Client acknowledges that all information given, technical formulas or concept that he may be aware of on the occasion of this contract, is strictly confidential and therefore prohibits disclosing or using it. For the purposes of this clause, the Client answers both from his employees and from himself. The Client, however, cannot be held responsible for any disclosure if the disclosed material was in the public domain or if he was aware of or obtained it from a third party by legitimate means.
ARTICLE 18 – PERSONAL DATA PROCESSING
As part of the implementation of the Contract, the Parties are required, as processing manager, to process on their own behalf the personal data of agents, managers, subcontractors, agents and/or providers of the other Party (e.g. name, first name, email, telephone, etc.).
As such, each of the Parties undertakes, in this context, to respect the confidentiality and security of this personal data, in accordance with the provisions of Law 78-17 of 6 January 1978 and the provisions of European Regulation No. 2016/679/EU of 27 April 2016. The agents, officers, subcontractors, agents and/or providers of each of the Parties whose data have been collected and processed by the other have at all times the possibility to exercise their rights over their personal data (rights of access, correction, erasure, opposition, limitation of processing, portability of personal data and not to be the subject of an automated individual decision, [email protected], to be the subject of an automated individual decision. The latter have the option of making a claim to the competent supervisory authority (www.cnil.fr). This personal data is kept for a period of three (3) years from the last contact with the person concerned, unless it is longer in accordance with a legal obligation to preserve it.
ARTICLE 19 – CONTRACT ASSIGNMENT
MATTS DIGITAL is authorized to transfer its rights and obligations under this contract to any entity owned or controlled directly or indirectly by MATTS DIGITAL. It is also authorized to transfer all or part of its rights in connection with a merger, acquisition or reorganization of MATTS DIGITAL, to any entity to which MATTS DIGITAL sells a substantial portion of the assets of interest in this contract, or to one of its subsidiaries.
ARTICLE 20 – APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions and, if applicable, the specific and ancillary conditions are subject to French law alone. Subject to the client's status as a merchant, in the absence of an amicable settlement, any dispute relating to the interpretation or execution of these general terms of sale and the particular conditions and annexes will be the exclusive competence of the Court of Commerce of Angers (France), even in the case of a referral, a guarantee appeal or a plurality of defendants.