GENERAL TERMS OF SALE
Terms valid from March 1st, 2012
SAS E-PROSPECTS is a French company governed by the capacities of the French Commercial law (in particular by articles L227-1 to L227-20, L244-1 to L244-4 and the Livre II), as well as by the capacities of the Civil code (articles 1832 - 1844-17).
E-Prospects is a simplified stock company with a capital of 150.000 €, registered in the RCS of Montpelier under the number 539 984 716 and thus the head office is situated : CAP Omega, Rond Point Benjamin Franklin, CS 39521, 34690 MONTPELIER, France.
Its VAT number is the following one: FR 34 539 984 716
The E-Prospects company is represented by its President Mister Alain Iozzino.
It gives to its customers the Internet platform : www.e-prospects.biz.
Hosting: OVH - 2 street Kellermann - 59100 Roubaix - France.
The business connections established between the company and its customers are governed by articles below.
ARTICLE 1 : SCOPE
The present General terms of sale apply, without limitation nor reserve for all the services proposed by the E-prospects Company on its web site www.e-prospects.biz, that is to say :
E-Prospects developed an innovative service based on a community platform allowing to buy contacts and appointments, multi-products and multi-countries.
E-Prospects allows the commercial companies to find on the same platform the contacts and the appointments fed by numerous suppliers, experts of the direct marketing.
These contacts and these appointments are proposed in various price lists and under various modes of purchases according to criteria selected by the Customer.
This service is bound for French and foreign companies.
These General terms of sale are accessible at any time on this web site and will prevail, where necessary, on quite other version or quite other contradictory document. Unless proved otherwise, the data registered by E-Prospects establish the proof of all the transactions.
The present general terms of sale will remain current until the on-line publishing of new conditions or modifying conditions.
The modifications of these general terms of sale are opposable to the users of the site as from their on-line publishing and cannot apply to the transactions concluded before.
The validation of the order of services by the customer is worth unconditional acceptance of the present general terms of sale.
ARTICLE 2 - Order
The Customer selects on the site the contacts or the appointments which he wishes to order, according to the following methods.
The Customer has to :
- Complete the form of identification on which he will indicate all the asked data ;
- Choose a login and a password which have to remain confidential and personal.
- Open a "virtual" account and give evidence there by every possible means of payment at his/her convenience, a contribution;
- Inform the preferences of purchase of the contacts / appointments;
- Make the payment in the conditions planned in article 3;
- Confirm his/her order and its payment.
The credits are valid during 365 days which follow the date of the recharging. At the end of these 365 days, the credits are not usable anymore by the Customer. The Customer is aware of this fact and agrees to form nor complaint neither request of refund for the not used credits during the period of 365 years.
Besides, the credits are usable only on the Web site E-prospects.biz. The credits are not transferable to third parties.
No order can be placed if the total amount is higher than the credit available on the virtual account.
No order can be canceled by E-prospects, whatever the reason is, except the force majeure case.
ARTICLE 3 - Price list
The services proposed by the E-prospects Company are supplied in the current price lists on the day the order is confirmed by the Customer, such as communicated with the Customer before the signing of his order.
The prices of the contacts and the appointments evolve, in the increase or in the reduction, according to various qualitative and quantitative criteria and methods of marketing.
The price indicated in the confirmation of the order by the E-prospects Company is the definitive price fixed with the method of marketing.
The prices are expressed in euro, prices excluding taxes and prices including taxes for French Customers. For the foreign companies (all except the French ones,) the invoiced prices are only expressed without taxes according to the information given on the form when registration and according to the respect of the current French legislation.
ARTICLE 4 - Terms of payment
The price is payable cash, altogether in the day of the signing of the order by the Customer, by the compensation with the deposit on the virtual account.
The Customer buys the credits by recharging his/her virtual account via all the means of payment proposed on the Web site. The recharging must be made for a minimum 50-€ amount.
The way of payment by check is authorized only for checks emitted in France. For all the payments by check or by bank transfer, the virtual account will be credited only after reception of the check or the bank transfer.
The possible banking charges connected to the payment stay chargeable to the Customer.
ARTICLE 5 - Supply of the Services
The contacts and the appointments bought by the Customer on the site are communicated with him/her from reception, by e-mail at the address indicated in the form beforehand informed during its registration and about the platform in its space "My purchases ".
ARTICLE 6 - Responsibility of the E-prospects Company - Guarantee
The E-Prospects company guarantees, according to legal requirements, the Customer, against any latent defect resulting from a defect of realization of the services making them unfit for the use for which they were intended, with the exception of any carelessness or for lack of the Customer, and against any defect of conformity of these.
No complaint will be acceptable concerning the acquisitions of a amount lower or equal to 15 € without taxes.
Beyond this amount of 15 € without taxes, to point out to his rights, the Customer will have to, at the risk of any latent defect of any action relating to it, inform the E-Prospects company writing on the page " Credit note request ", giving details about latent defect of conformity for a maximum deadline of 9 days after the on-line purchase of a contact or a appointment.
This complaint must be motivated by the Customer, and will then be the object of a quality control by the E-prospects Company regarding the bought contact.
For any excessive complaint deposited by the Customer or in case of bad turned out faith, the E-Prospects company will charge a 50-€ without taxes to the Customer in conformance with the management fees of the litigation. Besides, the E-Prospects company reserves itself the right to close the account of the Customer and in that case this one cannot claim in any refund or any compensation.
The guarantee of the E-prospects Company is limited to the refund of the services paid by the Customer and cannot be considered as responsible nor defaulter for any delay or non-fulfilment consecutive to the emergence of a case of absolute necessity usually recognized by the French jurisprudence.
The services supplied through the web site of the E-prospects Company are in accordance with the current rules in France. The responsibility of the Provider would not take the responsibility in case of non respect of the legislation of the country in which the services are supplied. The customer is the only able to check his choice of requested services.
The E-Prospects company, in the process of on-line sale, has only a best effort undertaking, its responsibility cannot be involved for a damage resulting from the use of the Internet network such as loss of data, intervention, virus, break of service, or the other involuntary problems.
ARTICLE 7 - Computing and Liberties
Following the 78-17 French law of January 6th, 1978, it is reminded that the data which are asked to the Customer are necessary for the processing of its order in particular and for the issuing of invoices.
The processing of the information communicated through the site of the Provider was the object of a statement with the CNIL * - (Commission nationale de l'informatique et des libertés - board which enforces law on data protection) under the number 1570180.
The Customer has, according to the current national and European rules, a permanent access right of modification, of rectification and an opposition regarding the information concerning him.
ARTICLE 8 - "Cookies"
"Cookies" can be generated by the platform of the E-prospects Company on the computers of the users of the Web site. These "cookies" facilitate the data processing for the Customer, by registering the information related to the history of its consultations of the Website e-prospects.biz.
These "cookies" can be essential to allow the access to certain services of the Website e-prospects.biz.
However, the E-Prospects company commits itself to respect the law of the Internet users to refuse these "cookies". To this end, the user of the site e-prospects.biz will have to modify the configuration of his browser on the Internet (refer to the columns "Help" of the used Internet browser).
ARTICLE 9 - Intellectual property
The contents of the site are the property of the E-prospects Company and are protected by the French and international laws relative to the intellectual property.
"E-Prospects" is a registered trademark in the NIPI under the number 3875114 (BOPI 2011-49), in the classes 35, 38 and 42.
Any total or partial reproduction of these contents is strictly forbidden and may constitute an offence of imitation.
Besides the E-Prospects company remains an owner of all the intellectual property rights on the know-how practised with the aim of the supply of the services to the Customer. Is forbidden for the Customer any reproduction or exploitation of the know-how, without the express, written and preliminary authorization of the E-prospects Company which can oblige him/her to a financial counterparty(compensation).
Any simple link or hypertext link is strictly forbidden without an written agreement from the E-Prospects company.
ARTICLE 10 - applicable right - Language
Of express agreement between the parties, the present contract is governed and subjected to the French law.
It is drafted in French language. In case it would be translated into one or several languages, only the French text would be valid in case of litigation.
Please follow the link below to read the General Terms of Sale in French :
ARTICLE 11 - Litigation
All the litigations to whom the present contract could produce, concerning so much its validity, its interpretation, its execution, its termination and their consequences will be the exclusive Tribunal’s Jurisdiction of the Commercial Court of the place of the head office of the E-prospects Company.
ARTICLE 12 - Acceptance of the Customer
The fact for a natural person or legal entity to order on the web site of the E-prospects Company involves full and whole acceptance of the present General terms of sale, what is expressly recognized by the Buyer, what gives, in particular, overtaking advantage of any contradictory document, what would be non-invocable to the Provider.
ARTICLE 13 - Correspondence
Any request of information, question or complaint must be sent by mail to :
Rond Point Benjamin Franklin
34000 Montpellier, France