This English translation is provided for information only. In the event of any discrepancy, the French version prevails.
Company: DATA SERVICES
1. Definition
The Seller is defined as the company DATA SERVICES.
The Buyer or Client is defined as the company accepting these Terms and Conditions of Sale.
2. Scope of the terms and conditions
2.1 General application
These Terms and Conditions of Sale apply to any product sold or any service provided by DATA SERVICES.
2.2 Scope
They apply in full to any contract entered into between DATA SERVICES and its clients, in France or abroad, regardless of the place of delivery.
2.3 Client representation
Any person acting on behalf of the client (employee, colleague, spouse, family member, etc.) shall be deemed to hold the authority required to bind the client towards DATA SERVICES.
2.4 Acceptance
Any order implies the buyer's unreserved acceptance of these Terms and Conditions.
Together with the specific conditions of the order and the general terms of use of the services, they are the only contractual documents binding the parties.
2.5 Tolerance
Any tolerance granted by DATA SERVICES shall not be considered a modification of these terms nor an acquired right.
3. Prices
3.1 Pricing
Prices are expressed in euros excluding VAT, excluding transport and insurance costs.
3.2 Revisions
Prices may be changed at any time without notice.
3.3 Taxes
Environmental contributions or other taxes may be added to the prices shown.
4. Orders
4.1 Acceptance
DATA SERVICES reserves the right to accept or refuse an order upon receipt.
4.2 Reservation
Any reservation of a product or service is considered firm and final.
Cancellation will only be taken into account with the written agreement of DATA SERVICES.
4.3 Unavailability
The unavailability of a product (out of stock, removed from the catalogue) cannot lead to the cancellation of the overall order nor to any compensation.
4.4 Partial delivery
DATA SERVICES is authorised to make partial deliveries.
4.5 Deposit
A deposit of 30% is required for every order.
4.6 Cancellation
No cancellation of a confirmed order will be accepted without written agreement.
Any accepted cancellation will incur handling fees of 10% of the cancelled amount.
5. Delivery and intervention times
Lead times are given for information only.
No delay may justify the cancellation or non-payment of an order.
6. Delivery
6.1 Effective date
Delivery takes effect when the products are collected by the client or the carrier.
6.2 Hours
Client collections take place only in the morning, from 9:30 am to 12 pm, Monday to Friday.
6.3 Transfer of risk
Risk is transferred upon delivery. Products travel at the client's own risk.
6.4 Receipt
The client must check the condition of the goods upon receipt and record any specific reservation on the delivery note.
General statements such as "subject to unpacking" are not valid.
6.5 Claims
Any claim must be made in writing within 7 working days of receipt.
6.6 Acceptance
Any delivery accepted without reservation will be deemed compliant.
6.7 Unjustified refusal
An unjustified refusal of goods will incur a flat-rate fee of €50 excl. VAT, in addition to shipping costs.
7. Client obligations and responsibilities
7.1 Responsibility for data
The client remains solely responsible for their hardware, software and data. They must make a prior backup before any intervention.
7.2 Licences
The client must provide the original licences and media for any reinstallation. DATA SERVICES is not responsible for the use of unlicensed software.
7.3 Illegal data
Any discovery of illegal data (in particular child sexual abuse material) will result in the immediate termination of the service and a report to the authorities.
8. Payment
- Payment in full by cheque, bank transfer or direct debit.
- No discount for early payment.
- Invoices are issued on the date of delivery or completion of the intervention.
- A flat fee of €9.50 is added to each invoice for administrative costs.
- In the event of late payment, interest at 3 times the legal rate will be applied, plus a flat-rate collection fee of €40 (article L.441-6 of the French Commercial Code).
- Any unpaid amount makes all sums due immediately payable.
- Unpaid debts are increased by 15% in the event of legal recovery.
9. Returns
9.1 Prior authorisation
Any return requires the prior agreement of DATA SERVICES.
9.2 Exclusions
No returns are accepted for software or special orders.
9.3 Costs
Returns are made at the client's expense and risk.
9.4 Return for credit
Possible within 7 working days of purchase, with the product unopened, in its original packaging, and with an approved return form.
9.5 Warranty return
Products under warranty must be accompanied by a precise reason.
Transport costs are borne by the client.
9.6 Non-compliance
Any non-compliant return will be refused and sent back to the sender at their expense.
10. Hardware warranty
Duration: 12 months, return to workshop, from delivery.
The warranty does not cover:
- normal wear and tear,
- accidents,
- abnormal use,
- Unauthorised interventions.
Products under manufacturer warranty are handled directly by the manufacturer.
DATA SERVICES cannot be held responsible for manufacturer failures.
11. Software warranty
Software is guaranteed solely by the publisher or the distributor.
The client undertakes to respect intellectual property rights and to make only the copies permitted by law.
12. Service warranty
DATA SERVICES undertakes to provide its services in accordance with best practice, without guaranteeing the definitive resolution of the IT problems encountered.
13. Limitation of liability
DATA SERVICES can only be held liable in the event of gross negligence or wilful misconduct.
The amount of any compensation may not exceed the price of the product or service concerned.
14. Termination of service contracts
14.1 Breach of contract
Termination is possible 15 days after a formal notice has remained without effect.
14.2 Early termination
In the event of early termination by the client, DATA SERVICES may claim 90% of the total amount remaining due until the end of the contract.
15. Retention of title
Goods remain the property of DATA SERVICES until full payment of the price.
The client may not transfer or pledge the products before full payment.
16. Jurisdiction
Any dispute not resolved amicably will be subject to the exclusive jurisdiction of the Court of Toulouse (31).
The Buyer acknowledges having read and accepted these Terms and Conditions of Sale.