General Conditions of Services

French

General Conditions of Services

(Last update 04/03/2020)

We invite you to print and keep these General Conditions for the Provision of Services and the Privacy Policy.

The EUPROLINK company is owned by Damien Boucard, registered with URSSAF under the number SIRET 809 188 303000 14. (Hereinafter “EUPROLINK”). Its head office address is: 28 rue de Nogent, 61130 BelleforĂŞt en Perche, France. EUPROLINK Client service is available through the contact form on https://euprolink.eu/, by phone at (+90) 541 522 42 96 or by email at: info@euprolink.eu

The special conditions and these general conditions of sale (CGV) form the contract concluded between the Client on the one hand and EUPROLINK on the other hand, together the parties.

Article 1: object

These General Conditions for the Provision of Services (hereinafter the “General Conditions”) apply, without restriction or reservation, between EUPROLINK and any Client, natural or legal person – regardless of their place of domicile – for any free service or purchase of paid services provided directly by EUPROLINK or through EUPROLINK representatives and agents or through the EUPROLINK website “https://euprolink.eu/” (Hereinafter also referred to as the “Website”).

The General Conditions and the Privacy Policy aim to define the terms between EUPROLINK and the customer, from the placing of the order until the provision of the ordered service, including payment.

The Parties agree that their Special Conditions, these General Conditions and the Website Privacy Policy govern their relationship.
In accordance with the regulations in force, EUPROLINK reserves the right to derogate from certain clauses of these General Conditions, based on negotiations with the Client, by establishing special conditions.

By Special Conditions is meant any document emanating from EUPROLINK specifying the object, content, performance conditions and the price of the service offered whatever the name given to this document: estimate, order form, newsletter registration, commercial proposal. The specific conditions may appear after the General Conditions or be transmitted to the Client as an accompaniment thereof. In case of contradiction between the provisions of the special conditions and these GTC, the provisions of the special conditions take precedence.

These General Conditions and Privacy Policy are always accessible on the Website.

EUPROLINK reserves the right to modify the General Conditions from time to time. They are applicable as soon as they are posted online and cannot apply to transactions concluded previously. The version of the General Conditions applicable to the purchase of the Client is that in force on the Website on the date of placing the order.

The validation of the order for services by the Client implies acceptance without restriction or reservation of the Special Conditions,these General Conditions and the Website Privacy Policy.

ARTICLE 2: Services

2.1. The services governed by these General Conditions are those which appear on the Website and which are indicated as accessible either free of charge after having filled in and sent the contact form or accessible against payment.

The main characteristics of the services are described and presented with the greatest possible accuracy on the Website. The Client is required to read it before placing any order. However, if errors or omissions may have occurred in this description, the responsibility of EUPROLINK could not be engaged.

Services are provided by EUPROLINK directly or by its external consultants or Local Advisers chosen by EUPROLINK.

The choice and purchase of a service is the sole responsibility of the Client.
2.2. Access and use of online applications are subject to the following terms and conditions:

– the right of use granted to the Client is non-exclusive and non-transferable,
– the applications can only be used by the Clients, for their own needs,
– the applications can be used on any type of browser,
– the applications are designed to satisfy the greatest number of users,
– EUPROLINK cannot guarantee its adaptation to the specific needs of the Client,
– the use of the applications is carried out by the Client, under his own responsibility,
– the Client is considered to have the skills necessary for the proper use of the applications,
– no intellectual property rights on the applications are assigned to the Client,
– the applications remaining the full and exclusive property of EUPROLINK.

ARTICLE 3: Price

The services offered by EUPROLINK are provided at the prices in force on the Website when the Client registers the order. The prices of the services are indicated in euros excluding taxes.

The price cannot be changed once the Client’s order has been confirmed.
An invoice is established by EUPROLINK and delivered to the Client’s when the services ordered are provided.

ARTICLE 4: Order

The Client places a service order via the contact form available on the website or by sending an email to info@euprolink.eu


EUPROLINK provides an invoice to the Client showing the object of the service, its price and the EUPROLINK bank account.

Payment for the service constitutes validation of the order and acceptance of these General Conditions and the Privacy policy of the Website, the prices and descriptions of the services available and constitutes proof of the contract for the provision of services.

EUPROLINK will acknowledge the order after receipt of payment corresponding to the service subscribed by the Client.
In certain cases, notably default of payment, wrong address or other problem on the Client’s account, EUPROLINK reserves the right to suspend the Client’s order until the problem is resolved.

EUPROLINK reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

ARTICLE 5: Terms of payment – retention of title clause

5.1.


i) The price is payable in full on the day the Client places the order, according to the conditions specified in article 4 “ORDER” above,

ii) The parties may agree, by special conditions, to the payment of a deposit or payment according to a schedule, in which case the following provisions apply:

In case of payment of a deposit on order:

A deposit corresponding to an agreed percentage of the total price of the Services ordered will be required when placing the order.
The balance of the price is due on the day of the provision of said services, under the conditions agreed.

EUPROLINK will not be obliged to provide the Services ordered by the Client if the latter does not pay the price under the conditions and according to the methods indicated in these General Conditions.
In case of payment according to a schedule:

The parties may agree that the price will be payable according to a schedule and an agreed number of installments, from the provision of the Services ordered, upon receipt of invoice, as specified on the invoice addressed to the Client.

iii) Payment for purchases can be made either by bank transfer to the account on the invoice provided to the Client or by bank card by choosing the Paypal payment method when finalizing the order.
Payment made by the Client is considered final only after EUPROLINK has actually collected the amounts due.

iv) In the event of late payment and payment of sums due by the Client beyond the deadline set above, and after the payment date appearing on the invoice sent to it, late payment penalties calculated at the rate REFI of the European Central Bank increased by 10 points on the basis of the amount including tax of the price appearing on the said invoice, will be automatically and automatically acquired by EUPROLINK, without any formality or prior notice.

Late payment will also result in the immediate payment of all sums due to EUPROLINK by the Client, without prejudice to any other action that EUPROLINK would be entitled to bring, as such, against the Client.

In the event of non-compliance with the payment conditions set out above, EUPROLINK also reserves the right to suspend or cancel the supply of the services ordered by the Client and to suspend the performance of its obligations.

In addition, the flat-rate compensation of € 40.00 per invoice for collection costs will be due in accordance with article L 441-6 of the Twelfth paragraph of the Commercial Code. This flat-rate compensation is combined with the penalty clause. EUPROLINK reserves the right to request additional compensation from the Client if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

5.2. OWNERSHIP OF THE WORK / WORK SUBJECT TO THE ORDER IS TRANSFERRED IN FULL ONLY IN CASE OF FULL PAYMENT OF THE PRICE IN PRINCIPAL AND INTERESTS AND IN THE CONDITIONS OF ARTICLE 16: INTELLECTUAL PROPERTY.

EUPROLINK expressly reserving ownership of the work / works subject to the order until full payment of their price in principal and interest.

ARTICLE 6: Setting up the service

The service purchased is available upon confirmation of payment. Any service set-up will be confirmed by sending an email containing the elements of the order.

ARTICLE 7: Delivery times

7.1. For services provided directly by EUPROLINK, these will be provided within the deadlines indicated on the order and, failing this, as soon as possible.

These deadlines do not constitute strict deadlines and EUPROLINK cannot be held liable towards the Client in the event of delay.

7.2. For the services provided by external consultants or Local Advisers, the contact details of the consultant or Adviser chosen by EUPROLINK will be sent to the Client after validation of the order by EUPROLINK (according to payment), by email.

The services ordered by the Client will be provided according to the terms and conditions (email, telephone or physical appointment with the Client or the consultant or the Advisor) and the deadline agreed with the consultant or Advisor.

7.3. In any event, EUPROLINK cannot be held liable in the event of delay or suspension of the provision of the service attributable to the Client, or in the event of force majeure.

7.4. In the event that EUPROLINK is unable to perform the services ordered, EUPROLINK undertakes to notify the Client by email or by telephone within 2 working days from the day after receipt of payment from the Client, to which in this case the latter may automatically issue the wish to be reimbursed in full. Otherwise, EUPROLINK undertakes to perform the service within a reasonable additional time.

ARTICLE 8: Validity of the purchase

ALL PURCHASES ARE VALID ONLY ONCE FOR THE DURATION APPEARING ON THE ORDER OR, FALLING, FOR A DURATION OF 1 YEAR (DATE OF STARTING OF THE ESTABLISHMENT OF THE AUTHENTIC SERVICE). BEYOND THIS PERIOD THE SERVICE PURCHASED IS NO LONGER ACCESSIBLE AND, IF NEED BE, BE RENEWED, THE PRICE PAID TO EUPROLINK BEING HIM DEFINITELY ACQUIRED.

ARTICLE 9: Absence of refund / cancellation

Any order placed by the Client is firm and final: no cancellation, no refund is possible including before the service is set up or during the provision of the service.

If, however, the Client wishes to terminate the use of the service during provision, no pro rata temporis reimbursement is made. In the event of early termination by the Client, all sums remaining due from the Client will be immediately due, without prejudice to any damages and other remedies.

ARTICLE 10: Absence of right of withdrawal

Given the professional nature of the activity carried out by the Client and the subject of the contract concluded with EUPROLINK falling within the scope of the professional’s activity, orders placed by the Client do not benefit from any right of withdrawal.

However, in accordance with Article L121-16-1 of the Consumer Code, The right of withdrawal of 14 days from the date of conclusion of the service contract applies to professionals who have less than 5 employees in the company and if the object of the contract is not in the main field of activity of the company.

ARTICLE 11: Liability

EUPROLINK guarantees the Client the proper performance of its services, as defined in the offer and in accordance with good practice and good practice.

EUPROLINK cannot be held responsible for the unsuccessful participation of its Client in any tender, call for proposals, competition, negotiated procedure or any unsuccessful negotiation with a contracting authority.
Under no circumstances will EUPROLINK be liable to compensate for immaterial damage consecutive or not to material damage such as in particular, the unsuccessful participation of the Client in a call for tenders; to a call for proposals or any other competitive procedure, operating losses, production losses, loss of profit, loss of profits, loss of contract, loss of image, loss of opportunity , commercial damage, additional production costs, immobilization of personnel or equipment as well as any indirect damage.

IN ANY CASE, IN THE EVENT THAT EUPROLINK IS RESPONSIBLE, THE EUPROLINK WARRANTY IS LIMITED TO THE AMOUNT EXCLUDED BY THE CLIENT FOR THE PROVISION OF SERVICES.

EUPROLINK cannot be held liable for damage resulting from errors originating from documents or information supplied by the Client.
EUPROLINK would also be released from any responsibility in the event that the Client does not provide the consultant or Local Advisor with all the information necessary for the execution of the assignment.

In the absence of reservations or complaints expressly expressed by the Client upon receipt of the services, these will be deemed to comply with the order, in quantity and quality.

In order to assert their rights, the Client must, on pain of forfeiture of any action relating thereto, inform EUPROLINK, in writing, within 10 days of the provision of the services, their reservations or complaints regarding compliance in quantity and quality, with all supporting documents relating thereto, with EUPROLINK.

No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.

Likewise, EUPROLINK cannot be held liable for any inconvenience or damage inherent in the use of the Internet, a break in service, external intrusion or the presence of computer viruses.

ARTICLE 12: Exception for non-performance

It is recalled that in application of article 1219 of the Civil Code, each party may refuse to perform its obligation, even when it is due, if the other party does not perform its own and if this non-performance is sufficiently serious, that is to say, capable of calling into question the continuation of the contract or of fundamentally upsetting its economic equilibrium.

The suspension of execution will take effect immediately, upon receipt by the defaulting party of the notification of default which will have been sent to him for this purpose by the party victim of the default indicating the intention to apply the exception for non-performance as long as that the defaulting party will not have remedied the noted failure, addressed by registered letter with request for acknowledgment of receipt or on any other durable written support allowing proof of the shipment.

This exception for non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the parties will not fulfill its obligations on time and that the consequences of this failure are sufficiently serious for the party victim of the default.

This option is used at the risk of the party taking the initiative.
The suspension of execution will take effect immediately, upon receipt by the presumed defaulting party of the notification of the intention to apply the preventive non-performance exception until the presumed defaulting party fulfills the obligation for which a future failure is manifest, sent by registered letter with request for acknowledgment of receipt or on any other durable written support allowing proof of dispatch.
If the impediment was definitive or persisted beyond 30 days, the present could be resolved according to the modalities defined in the article “Resolution for failure of a party to its obligations”.

This article does not apply to cases of suspension expressly stipulated elsewhere and in particular does not apply to cases of suspension for non-payment, non-compliance with payment conditions, wrong address, problem with a Client’s account. in which case the conditions of suspension stipulated in the articles concerned apply.

ARTICLE 13: Force majeure

The parties cannot be held liable if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of the article 1218 of the Civil Code.

Constitute events of force majeure for the parties: natural disasters, acts of public authority, embargoes, internal or national strikes, exceptional weather conditions preventing delivery, insurrections, riots.

The party noting the event must immediately inform the other party of its impossibility to perform its service and justify it to it. 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.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, as soon as the cause of the suspension of their reciprocal obligations has disappeared, the parties will make every effort to resume as soon as possible the normal performance of their contractual obligations.
To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a duration of 30 days, the present will be automatically resolved after the sending of a registered letter with request for acknowledgment of receipt by the most diligent party.

ARTICLE 14: Resolution for non-performance of a sufficiently serious obligation

The defaulting party may, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other party, notify the defaulting party by registered letter with request for acknowledgment of receipt, the faulty resolution hereof, 15 days after sending a formal notice to execute remained unsuccessful, in application of the provisions of article 1224 of the Civil Code.

ARTICLE 15: Resolution for failure to fulfill part of these obligations

In the event of non-payment for the services ordered by the Client, the contract is terminated at the option of EUPROLINK.

It is expressly understood that this resolution for failure of a party to its obligations will take place ipso jure 15 days after the sending of a formal notice to execute, which has remained, in whole or in part, without effect. The formal notice may be notified by registered letter with request for acknowledgment of receipt or any extrajudicial act, by simple email.

ARTICLE 16: Intellectual property

1 6 .1 All the content of the “https://euprolink.eu/” website, whether visual or audio, including the underlying technology, is the property of EUPROLINK and is protected by law French and international intellectual property. The disclosure of elements of the Website can in no way be interpreted as granting a license or any right to use any of the distinctive elements of the Website protected by intellectual property law and copyright.

Any reproduction, representation, use, distribution, publication, total or partial modification of the content of the Website, for any reason, by any process and on any medium whatsoever, is strictly prohibited and is likely to constitute an offense of counterfeiting. Thus, none of the documents from the Site can be copied, reproduced, published, downloaded, posted, transmitted or distributed in any way whatsoever.

However, it is possible to download a copy of the documents to a computer for the personal use of the Client provided that the Client does not modify the information contained and that he keeps intact all the information relating to the property. The modification of these documents or the use for another purpose constitutes an infringement of intellectual property law.

16.2. For the services provided by EUPROLINK, the rights of reproduction and representation of the works constituting a work within the meaning of intellectual property law are assigned to the Client for the duration of protection of the intellectual property rights relating to the work and for the whole world. The remuneration for this assignment is included in the price as indicated in the order confirmation. EUPROLINK guarantees the Client of the peaceful exercise of the rights assigned under this assignment.

1 6 .3. For the training services provided by EUPROLINK, EUPROLINK remains the owner of all intellectual property rights over the work constituting a work within the meaning of intellectual property law and in particular photographs, presentations, studies, drawings, models, etc., performed (even at the request of the Client) for the provision of services to the Client. The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models, etc., without the express, written and prior authorization of EUPROLINK who may condition it for financial compensation.

ARTICLE 17: Partial non-validation

The possible cancellation of one or more clauses of the General Conditions by a court decision or even by mutual agreement between the parties cannot affect its other stipulations which will continue to produce their full and entire effect insofar as the general economy of the contract can be saved.

In the event that the execution of one or more of the clauses of the General Conditions would be made impossible because of its cancellation, the parties will try to get closer in order to establish a new clause whose spirit and letter will be as close as possible from the old clause, the other stipulations of the General Conditions remaining in force.

ARTICLE 18: Non waiver

The fact for one of the parties not to invoke the application of any clause of the General Conditions or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this party to the rights which arise for it from the said clause.

ARTICLE 19: Protection of personal data

As part of the execution of this Agreement and / or browsing the Website, certain personal data relating to the Client may be processed by EUPROLINK.

For more information on the processing of this data and the rights of Visitors and Clients to data concerning them, Visitors and Clients are invited to read the Privacy Policy carefully.

ARTICLE 20: Language of the contract

– Applicable law and jurisdiction: These General Conditions and the resulting purchase and sale operations are governed by French law.
– They are written in French, the language of the contract.
– In case of discrepancy between the French and English versions of the present General Conditions of Sale, the French version prevails.
– All disputes to which These General Conditions of Sale and the purchase and sale operations which result therefrom could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences will be submitted to the Commercial Court of Alençon, France.

ARTICLE 21: Client acceptance

These General Conditions are expressly approved and accepted by the Client, who declares and acknowledges having a perfect knowledge of them, and therefore renounces to avail himself of any contradictory document and, in particular, his own general conditions of purchase, which will be unenforceable against EUPROLINK, even if it has knowledge of it.

French