General terms and conditions of sale

Updated on 28/10/2024

Aiola Informatique reserves the right to modify or update its general terms and conditions of sale at any time. The applicable general terms and conditions of sale are those available and accessible on the website www.aiola.fr on the day of the order.

1. OBJECT

This document, hereinafter referred to as “General Terms and Conditions of Sale” (“GTC”), applies to offers of services, benefits and products, excluding training courses, offered by AIOLA INFORMATIQUE, hereinafter referred to as “the Company”, and which are the subject of an order from the Client.

2. AVAILABILITY AND ENFORCEABILITY OF THE TERMS AND CONDITIONS

The General Terms and Conditions of Sale (GTC) are available to the Customer on the Aiola Informatique website: www.aiola.fr.

The GTC are binding on the Customer, who acknowledges having read and accepted them before placing an order.

Any conflicting terms and conditions, and in particular any general or specific terms and conditions stipulated by the Customer, shall not prevail over these GTC unless formally accepted in writing by the Company, regardless of when they may have been brought to its attention.
Confirmation of the order constitutes acceptance by the Customer of the GTC in effect on the date of the order, which the Company ensures are stored and can reproduce in accordance with Article 1127-2 of the French Civil Code.

Placing an order implies the Customer’s full and unreserved acceptance of these GTC and their appendix. The Customer guarantees their compliance by all of its employees, agents, and representatives.

The Client acknowledges that, prior to signing the order form, he received sufficient information and advice from the Company to ensure that the service offer was suitable for his needs.

3. ORDER VALIDATION PROCEDURES

The order is considered firm and final when the Customer returns the registration request by one of the following means :

• Sending the completed and signed commercial proposal by the Client by email or post;
• Sending an email indicating agreement to the order and containing the Client’s contact details (name, surname, position, address, company name if applicable).
  
  

4. PRODUCTS

4.1 Delivery.
Unless otherwise agreed, the Supplier will arrange delivery of the ordered Products to the delivery address specified in the Order.

Delivery dates are indicative only. Software may be delivered via physical media or electronically, in which case “Delivery” of the Software occurs when the Supplier informs the Customer that the Software is ready for electronic download. The Customer shall notify Aiola Informatique within twenty-one (21) days of the invoice date if the Customer believes that any Product included in this Order is missing, incorrect, or damaged, and shall ensure that the intended installation site meets the technical specifications in accordance with the documentation for said Product.

4.2 Transfer of risk and ownership.
Risk of loss or damage to the Equipment sold passes to the Customer upon Delivery to the Customer. “Delivery” means, for Equipment or physical Software media, upon arrival at the agreed delivery address; for Software delivered electronically or under any other enterprise license agreement, on the date the Supplier notifies the Customer of the instructions and (if necessary) access codes enabling download.

4.3 Retention of title.
In order to protect the Supplier’s right to receive payment for the Equipment, the Supplier retains ownership of the Equipment until full payment is received.

4.4 Licenses.
The Client’s rights to use the Software delivered by the Supplier are governed by the terms of the end-user license agreement applicable by the software publisher.

5. SERVICES

5.1 Installation services.
The Supplier will provide Installation Services in accordance with the applicable Service Description or Product Notice for the period (initial or renewal) agreed upon in the Order.

5.2 Support services.
The Supplier will provide Support Services in accordance with the applicable Service Description or Product Notice for the period (initial or renewal) agreed upon in the Order or Service Contract .

5.3 Termination of Services.
Termination of the Services for convenience will only be permitted if expressly agreed upon by both parties. Either party may terminate the Services only in the event of a material breach by the other party if that other party has not remedied such breach within a reasonable notice period of at least thirty (30) days, as notified by the other party in writing.
Contracts are deemed to be entered into for a term of one (1) or three (3) years, as applicable, and are automatically renewed unless terminated by either party thirty (30) days prior to the contract’s expiry date..

6. PRICES

The prices of products and services are communicated either on the website or in a sales proposal.
Prices indicated on sales proposals are valid for fifteen (15) days and are only valid for the specified period.
Prices indicated on the website are valid on the day the order is paid for and may be revised according to modifications made by the manufacturer without prior notice and at the discretion of Aiola Informatique, and are only valid for the specified period.
Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate 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.

7. PAYMENT METHODS

Payment in full for the product(s)/service(s) must be made :

• Made to order for individuals and professionals
• Upon receipt of the invoice, payment must be made within 30 days for commercial companies, the State, and local authorities.

Payment must be made by check payable to the Company, by bank transfer, or by credit card on the website.
Any payment made after the due dates indicated on the Company’s invoices will incur late payment interest as defined by law and applicable regulations, as well as a fixed recovery fee of €40.

These amounts are payable without prior notice.

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8. LIABILITY – COMPENSATION

Under no circumstances shall the Company be liable for indirect damages such as loss of data or files, loss of business, commercial loss, lost profits, 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, concepts, methods, and tools for the purposes stipulated in the order.
The Company holds all intellectual property rights relating to the training it provides; therefore, all training materials, regardless of their form (paper, digital, oral, etc.), used in connection with the order remain its exclusive property.
The Client is prohibited from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing, or distributing to its staff members not participating in the Company’s training or to third parties, the course materials or other training resources made available to it without the express written authorization of the Company or its successors in title.

The parties agree to keep confidential all economic, technical, or commercial information and documents concerning the other party to which they may have access during the performance of the contract.

10. PROTECTION OF PERSONAL DATA

In accordance with applicable European (GDPR) and French regulations, the Company, as data controller, undertakes to handle the personal data of its Clients with the utmost care.

The Company complies with a comprehensive set of obligations and grants its Clients a range of rights regarding their personal data.

The Company’s commitments are detailed in the Privacy and Personal Data Protection Policy document, which is attached to these Terms and Conditions, and which serves as an extension and complement to them. This policy is available on our website at the following address: www.aiola.fr

11. GENERAL PROVISIONS

The invalidity of any clause of these General Terms and Conditions (GTC) does not invalidate the entire GTC.

The temporary non-application of one or more clauses of these GTC by the Company shall not constitute a waiver of its rights under the other clauses of these GTC, which shall remain in full force and effect.

Similarly, the Company’s failure to enforce any of these GTC at any given time shall not be construed as a waiver of its right to enforce such clause subsequently.

The Company is authorized to subcontract all or part of the performance of the services covered by this agreement. All obligations of the Client arising from this agreement shall be solely with respect to the Company, which remains liable to the Client for all obligations arising from this agreement.

The Company is authorized to use the corporate name, trade name and/or trademarks of the Client, and where applicable of the group to which it belongs, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes without prior authorization from the Client.

12. DISPUTES AND MEDIATION

DISPUTE – CONSUMER MEDIATION (INDIVIDUALS)
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
If an amicable agreement cannot be reached, or if the professional fails to respond within a reasonable period of one (1) month, the Client, as a consumer within the meaning of Article L.133-4 of the French Consumer Code, has the option of contacting, free of charge, the competent mediator listed on the register of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the French Consumer Code, namely:

La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
5, rue Salvaing 12000 Rodez

Applicable law

These Terms and Conditions are governed by French law.

Prior claim

In the event of a dispute relating to a training course, the Client agrees to first contact the Company’s Customer Service department at 01 48 73 48 30 (standard rate call from a landline in mainland France), Monday to Friday, excluding public holidays, from 9:00 am to 12:00 pm and from 2:00 pm to 6:00 pm, or by email. (info@aiola.fr) or by post 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 attempt at amicable resolution is a prerequisite to any legal action.

Competent court

In the absence of an amicable agreement within two months of the date of the initial claim, by any means that allows the date of the claim to be established, the party initiating the claim may bring the matter before:

For commercial companies, the Commercial Court of Créteil, notwithstanding multiple defendants or third-party claims, and without any jurisdiction clauses that may exist on the purchasers’ documents preventing the application of this clause.

For liberal professions, public entities, local authorities, and the State, the court of the defendant’s domicile (Article 42 of the Code of Civil Procedure) or the court of the place of actual delivery of the goods or performance of the service (Article 46 of the Code of Civil Procedure).