Mise à jour au 28/10/2024
Aiola Informatique reserves the right to modify or update its general conditions of sale at any time. The applicable general conditions of sale are those available and consultable on the site www.aiola.fr/en on the day of the order.
This document, hereinafter “General Conditions of Sale” (“CGV”), applies to offers of services, services and products except the training offered by AIOLA INFORMATIQUE hereinafter referred to as “the Company” and being the subject of of an order from the Customer.
The General Terms and Conditions are made available to the Customer on the Aiola Informatique Company website: www.aiola.fr.
The General Conditions of Sale are enforceable against the Customer who acknowledges, has been aware of them and accepts them before placing an order.
Any contrary condition and in particular any general or specific condition opposed by the Customer cannot, unless formal and written acceptance by the Company, prevail over these General Terms and Conditions, regardless of when it may have been brought to the Customer's attention.
Validation of the order by its confirmation constitutes acceptance by the Customer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Company in accordance with article 1127-2 of the Civil Code.
Placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions and their appendix, the Customer ensuring that all of its employees, employees and agents respect them.
The Customer acknowledges to this effect that, prior to signing the order form, he has received sufficient information and advice from the Company, enabling him to ensure the suitability of the service offering to his customers. needs.
The order is deemed firm and final when the Client returns the registration request by one of the following means:
4.1 Delivery.
Unless otherwise agreed, the Supplier will organize delivery of the Products ordered to the delivery address mentioned in the Order.
Delivery dates are given for information purposes only. Software may be delivered via Delivery of physical media or electronically, in which case “Delivery” of the Software occurs at the time Supplier notifies Customer that the Software is ready for electronic download. The Customer will inform the company Aiola Informatique within twenty-one (21) days following the date of the invoice if the Customer considers that a Product included in this Order is missing, incorrect or damaged, and will ensure that the site of planned installation meets the technical characteristics in accordance with the documents for said Product.
4.2 Transfer of risk and ownership.
The transfer of risk to the Customer in respect of the Equipment sold occurs at the time of Delivery to the Customer. “Delivery” occurs for Equipment or physical Software media, upon arrival at the agreed delivery address; for electronically delivered Software or any other enterprise license agreement, on the date on which the Supplier notifies the Customer of the instructions and (if necessary) the access codes allowing the download.
4.3 Reservation of title.
To protect Supplier's rights to receive payment for the Equipment, Supplier retains title to the Equipment until full payment is received.
4.4 Licenses.
The rights of use by the Customer of the Software delivered by the Supplier are governed by the conditions of the end user license agreement applicable by the software publisher.
5.1 Installation Services.
Supplier will provide Installation Services in accordance with the applicable Service Description or Product Notice for the period (initial or renewal) agreed in the Order.
5.2 Support Services.
Supplier will provide Support Services in accordance with the applicable Service Description or Product Notice for the period (initial or renewal) agreed to in the Order or service agreement.
5.3 Termination of Services.
Termination for convenience of the Services will only be authorized if it is the subject of an explicit agreement between the parties. Either party may terminate the Services only in the event of a material breach by the other party if such other party has failed to cure such breach for at least thirty reasonable notice periods. (30) days and as notified by the other party in writing.
Contracts are deemed to be agreed for a period of one (1) year or three (3) years depending on the case and are tacitly renewed unless terminated by either party thirty (30) days before the date of termination. expiry of the contract.
The prices of products and services are communicated either on the website or by commercial proposal.
The prices indicated on the commercial proposals are valid for fifteen (15) days, and are only valid for the duration indicated.
The prices indicated on the website are valid on the day of payment of the order and may be revised according to modifications made by the manufacturer without notice and at the discretion of the company Aiola Informatique, and are only valid for the duration indicated.
The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT will be automatically reflected in the prices indicated on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
Payment of the entire price of the product(s/services) must be made:
Payment must be made by check payable to the Company, by bank transfer or by credit card on the website.
Any payment after the due dates appearing on the Company's invoices will give rise to the application of default interest defined by the law and regulations in force and to a fixed compensation for recovery costs of €40.
These sums are due without the need for formal notice.
8. LIABILITY – COMPENSATION
Under no circumstances can the Company be held liable for indirect damage such as loss of data, files, operating loss, commercial loss, loss of profit or damage to image and reputation.
In all cases, the Company's liability is excluded in the event of force majeure.
9. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
The Client may only use the Company's proposals, work, studies and concepts, methods and tools for the purposes stipulated in the order.
The Company alone holds the intellectual rights relating to the training it provides; so that all educational materials, whatever their form (paper, digital, oral, etc.), used as part of the order, remain its exclusive property.
The Client undertakes not to use, reproduce, directly or indirectly, in whole or in part, adapt, modify, translate, represent, market or distribute to members of its staff who are not participants in the training. of the Company or to third parties, the course materials or other educational resources made available to it without the express written authorization of the Company or its assigns.
The parties undertake to keep confidential information and documents of an economic, technical or commercial nature concerning the other party, to which they may have access during the execution of the contract.
10. PROTECTION OF PERSONAL DATA
In accordance with current European (GDPR) and French regulations, the Company, in its capacity as data controller, undertakes to treat the personal data of its Customers with the greatest care.
The Company respects a whole set of duties and grants its Clients a whole set of rights relating to their personal data.
The commitments made by the Company are listed in the Confidentiality and Personal Data Protection Policy document, annexed to these General Terms and Conditions, of which it constitutes an extension and complement, and accessible on our website at the following address: www .aiola.fr
The nullity of a clause in the General Conditions of Sale does not result in the nullity of the General Conditions of Sale.
The temporary non-application of one or more clauses of the General Conditions of Sale by the Company cannot constitute a waiver on its part of the other clauses of the General Conditions of Sale which continue to have their effects.
Likewise, the fact that the Company does not avail itself at a given moment of one of the present clauses of the General Conditions of Sale cannot be interpreted as a waiver of its right to avail itself of it at a later date.
The Company is authorized to subcontract, in part or in full, the execution of the services covered by this contract. All obligations of the Client arising therefrom apply only towards the Company, which remains responsible towards the Client for all obligations resulting from this contract.
The Company is authorized to use the company name, commercial name and/or brands of the Client, and where applicable the group of which it is a part, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes. without prior authorization from the Customer.
LITIGE – MEDIATION DE LA CONSOMMATION (PARTICULIERS)
En cas de litige entre le Client et l’entreprise, ceux-ci s’efforceront de le résoudre à l’amiable (le Client adressera une réclamation écrite auprès du professionnel ou, le cas échéant, auprès du Service Relations Clientèle du professionnel).
A défaut d’accord amiable ou en l’absence de réponse du professionnel dans un délai raisonnable d’un (1) mois, le Client consommateur au sens de l’article L.133-4 du code de la consommation a la possibilité de saisir gratuitement, si un désaccord subsiste, le médiateur compétent inscrit sur la liste des médiateurs établie par la Commission d’évaluation et de contrôle de la médiation de la consommation en application de l’article L.615-1 du code de la consommation, à savoir :
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
Applicable right
These General Terms and Conditions are subject to French law.
Prior complaint
In the event of a dispute relating to training, the Client undertakes to first contact the Company's customer service at 01 48 73 48 30 (non-premium rate number from a landline in mainland France), from Monday to Friday except public holidays or public holidays, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m. or by email (info@aiola.fr) or postal to AIOLA INFORMATIQUE – 5bis, avenue Kleber 94130 Nogent sur Marne.
In the event of a dispute, the Parties will make their best efforts to reach an amicable agreement.
This phase of attempting an amicable resolution constitutes a prerequisite to any contentious action.
Court of competent jurisdiction
In the absence of an amicable agreement within two months from the sending of the first complaint, by any means allowing the date to be determined, the Party initiating the complaint may seize:
For Commercial Companies, the Commercial Court of Créteil, notwithstanding plurality of defendants and warranty claims, without the jurisdiction clauses that may exist on the buyers' documents being able to obstruct the application of this clause.
For liberal professions, public persons, local authorities, the State, the Court of the defendant's domicile (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the thing or execution of the service ( article 46 of the Code of Civil Procedure).
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