Términos y condiciones
ARTICLE 1: ORDER ACCEPTANCE –
Any order implies unreserved acceptance of our general conditions of sale, notwithstanding any contrary stipulation appearing in the general conditions of purchase of our customers. The conditions of purchase of our customers only bind us if they are accepted by ourselves and in writing. When the transmission of an order is made by telephone, it can only be accepted on an exceptional basis. We decline all responsibility in the event of non-execution of this order.
We reserve the right to refuse an order for a service that does not comply with the legislation or ethics in force in our profession. Thus, we prohibit any direct prospecting campaign by means of a call machine using in any form whatsoever the contact details of a natural person without their prior consent.
The conditions of any service offer proposed by EDICTALYS are valid for one month from the date of their dispatch or their delivery to the recipient. Beyond this term, EDICTALYS reserves the right to modify all or part of these conditions. The customer acknowledges having been fully informed of the scope and limits of the EDICTALYS services. The customer is solely responsible for the adequacy of the services ordered to his needs. It is the customer's responsibility to take all necessary precautions to guarantee the security of the elements entrusted to EDICTALYS, in particular against their untimely destruction. The client will only entrust to EDICTALYS elements and media of which he will have previously kept a copy. EDICTALYS performs the contractual obligations for which it is responsible with all the care possible in use in its profession and uses the rules of the art of the moment. EDICTALYS is only subject to an obligation of means and not of results. We do not provide any guarantee, in any capacity whatsoever, concerning personal, socio-behavioral references or any other type concerning addresses. In any event, EDICTALYS' liability is limited to the supply of replacement addresses beyond a 10% NPAI rate and unless otherwise stipulated in the estimate.
ARTICLE 2: DELIVERY TIME –
Delivery times are only given as an indication and any delays do not give rise to a claim for "damages & interests", in particular in the event of strikes or disturbances, which would be considered as a case of force majeure. In addition, a delay in delivery could not entail the right to cancel the order.
Delivery times for business files purchased online for download from our websites: Selection download link sent by email between 15 minutes and 24 hours from Monday to Friday from 9 a.m. to 7 p.m. excluding public holidays. The delivery time for file orders including the telephone numbers of natural persons can be between two and seven working days.
ARTICLE 3: CANCELLATION –
Cancellations and postponements must reach us no more than 48 hours after the order form has been sent and at least 48 hours before delivery. Otherwise, the entire order will be invoiced automatically.
ARTICLE 4: SALE PRICE –
Our conditions of sale are only valid and deemed by the buyer. Any clause to the contrary must be the subject of a written agreement. Prices are calculated excluding taxes, departure from the head office of our company. The prices indicated may be modified according to variations in the cost of raw materials and labour, currency changes or duties and taxes. Our services and goods are invoiced on the basis of the rates in force on the day of delivery.
ARTICLE 5: TERMS OF PAYMENT –
Unless otherwise stipulated by us, our invoices are payable at the registered office of our company according to the following terms: for all orders, 100% payment is required. By express agreement, failure to pay a due date entails: The forfeiture of the term for any sum remaining due on the invoices in question and on those for which payment had not expired, regardless of the methods and terms of payment initially planned, as well as their immediate payability. The payment of default interest at the base rate of the Banque de France plus 5 points pro rata temporis and all ancillary costs resulting from the default in payment. Non-payment of invoices on the agreed due date automatically entails, at the buyer's expense, compensation fixed, as a penalty clause in accordance with article 1226 of the Civil Code, at 15% of the unpaid invoices at their expiry date and this, without prejudice to the claims that may be made judicially under article 700 of the N.P.C. Authorization to suspend new deliveries.
ARTICLE 6: CANCELLATION CLAUSE –
IN THE EVENT OF NON-PAYMENT OF ANY OF THE DEADLINES PURSUANT TO THE ABOVE ARTICLE, THE SALE WILL BE CANCELED IMMEDIATELY. IF WE SEEM GOOD, MODIFICATIONS BY LETTER REC/AR OR BY EXTRAJUDICIAL ACT REFERRING TO THIS RESOLUTORY CLAUSE WILL BE ADDRESSED
Upon receipt of this notification, the customer is formally prohibited from using or transmitting, for a fee or free of charge, the goods (including files collected through the use of our databases) referred to and undertakes to return them. at the first request. In the event of difficulty, he may be forced to do so by REFERE. All costs incurred for the repair of the goods will be invoiced to the customer and their payment immediately demanded.
ARTICLE 7: COMPLAINT –
Any customer complaint relating to EDICTALYS services must be notified to EDICTALYS by registered letter with acknowledgment of receipt, within 48 hours of the provision of the service to the customer. If this deadline is not respected and/or the service delivered is not used, the customer's complaint cannot be taken into account by EDICTALYS, which the customer expressly accepts. In the event of a conviction, the damages charged to EDICTALYS are, in any event, limited to the sums actually paid by the customer for the EDICTALYS service that motivated the liability of the latter. . EDICTALYS cannot, under any circumstances, be held liable for indirect losses suffered by the customer such as – without this list being exhaustive – commercial damage, loss of orders, commercial disruption, loss of profits, damage to the brand image. , low response rate. As such, any action that would be directed against the customer by a third party constitutes indirect damage and, consequently, cannot give rise to compensation at the expense of EDICTALYS.
ARTICLE 8: RETENTION OF OWNERSHIP CLAUSE (Law of May 12, 1980). The goods delivered (including the files collected through the use of our databases) remain our property until full payment of their price. In this respect, do not constitute payments, within the meaning of the first provision, the remittance of bills, promissory notes or any other instrument creating an obligation to pay. In the event of seizure by third parties of these goods, the buyer is required to inform us immediately. Despite the application of this retention of title clause, the buyer will bear the risk in the event of loss or destruction upon delivery of the goods. He will also bear the insurance costs.
ARTICLE 9: INTELLECTUAL PROPERTY
The receipt of data does not entail any transfer of intellectual property rights in favor of the customer. The latter undertakes not to distribute, resell or reproduce the data provided other than for his personal use and that of the company which employs him, in accordance with the general conditions of sale of the files distributed and marketed by the company EDICTALYS.
ARTICLE 10: RESPONSIBILITY
EDICTALYS does not guarantee that the Products supplied are suitable to meet the Customer's needs. It is the Customer's responsibility to carefully and precisely assess his needs, to assess their suitability for the Products ordered, to ensure that he has the specific skills to use the Products and, where applicable, that the configuration of its equipment meets the required technical conditions. The Customer expressly acknowledges that computer software and products are never completely free of bugs, and in particular the software and files contained in the Products.
The Customer is solely responsible for the use he makes of the Products and under no circumstances may EDICTALYS be held liable for any reason whatsoever for or because of the consequences of this use. The Customer guarantees EDICTALYS against any complaint, claim or action by a third party claiming that the use of the Products by the Customer infringes his rights, violates a legal or regulatory provision or causes him harm.
The Customer is prohibited from maintaining any confusion with EDICTALYS when using the Products, in particular in the emails or letters that he would send to companies whose contact details appear in the Products. He must present any communication as his own and without any link or reference to EDICTALYS, including the unsubscribe link.
EDICTALYS cannot under any circumstances be held responsible for the consequences of the use of the Products with regard to the Customer or third parties, whether direct, indirect or unforeseeable damages, such as in particular loss of customers, financial loss , missed win, inaccuracy or corruption of data or file.
The Customer undertakes to take all useful measures to protect his own data, software and computers against contamination by viruses that may circulate on the Internet or be contained in a Product purchased from EDICTALYS. EDICTALYS cannot be held liable for any compensation for damages that may be suffered by the Customer as a result of computer viruses. EDICTALYS is only bound by an obligation of means and without obligation of minimum return.
In all cases, the damages that may be charged to EDICTALYS in the event of its liability being brought into play may not exceed the price actually paid by the Customer for the purchase of the Product concerned. In any case, the responsibility of EDICTALYS can in no case be sought or engaged because of the characteristics of the Products published by its partners or the consequences of the use of the said Products, for which it only plays a role of intermediary distributor. .
The Customer may only use the Products for his personal use and his own needs. Any use of the Products to perform services for third parties, and in particular to send messages on behalf of third parties, is prohibited.
The following are strictly prohibited: any extraction, reproduction or dissemination of data, in whole or in part, for the benefit of third parties; any extraction, by permanent or temporary transfer, of all or a substantial part of the content of the database to another medium, in any way whatsoever; the reuse by making available to a third party or the public all or a substantial part of said content, in any way whatsoever; any systematic or repeated extraction or use exceeding normal conditions of use; as well as all other uses specified in the license. Failure to comply with these prohibitions may constitute an infringement of the rights of the database producer of EDICTALYS. EDICTALYS reserves the right to insert trap data in order to detect such violations.
The Customer undertakes to use the Products purchased in accordance with the legislation and regulations in force. In particular, when the Customer acquires Products containing data on French companies, he undertakes to find out about the state of the legislation and regulations in force, in particular those relating to commercial prospecting, the protection of data and privacy. The Customer undertakes in particular to respect the obligations incumbent on organizations or persons carrying out automated or non-automated processing of personal data under the Law of January 6, 1978 known as the "Data Protection Act" amended by the Law of August 6. 2004. The Customer will be held responsible, where applicable, for non-compliance with legal and regulatory provisions. It guarantees EDICTALYS in this respect.
In addition, the Customer expressly undertakes to comply with the legislation concerning the sending of e-mails and direct prospecting. It is reminded in particular that direct prospecting by means of a call machine, a fax machine or an e-mail using, in any form whatsoever, the contact details of a natural person who does not has not expressed its prior consent to receive direct marketing by this means. The Customer also has the obligation to (i) make available to the recipients of the messages a means of unsubscribing or opposing the sending of direct prospecting mail (ii) to inform these recipients of the right of access , rectification and deletion that they have on their data
ARTICLE 12: PROTECTION OF PERSONAL DATA
Each of the parties guarantees and undertakes to each other, throughout the term of application of these general conditions, to comply with the legal and/or regulatory provisions in force, applicable in terms of personal data for the processing referred to herein, and in particular the European Data Protection Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable from May 25, 2018, and will assist the other Party if necessary. EDICTALYS acknowledges having been informed of the importance and the strategic and confidential nature of its client's data and guarantees that it has taken all necessary precautions to preserve the confidentiality, integrity and security of Personal Data and in particular prevent them from being distorted, damaged, or communicated to unauthorized persons, whether private or public, natural or legal persons. In this context, EDICTALYS undertakes to respect the following obligations and to have them respected by its staff. Take all security measures, in particular material and organizational, to ensure the confidentiality, conservation and integrity of the Personal Data processed during the term of the present and this, until their complete destruction, and more particularly:
▪ Take all appropriate security measures for all exchanges of data or
files relating to Personal Data made not only between EDICTALYS and the Company but also with authorized third parties and, in particular, using channels
secure communications. (password, SSL certificate, secure server..)
▪ Refrains from making copies of Personal Data
▪ Restrict access to information and Personal Data entrusted to the sole
personnel authorized to intervene on this data by virtue of their functions, to the exclusion of any other person.
▪ Ensure that persons authorized to process personal data under this contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data personal
▪ Ensure the security of the premises in which the data is processed
▪ Follow the recommendations of the CNIL
EDICTALYS undertakes to inform its client of any intentional or accidental event or incident relating to the confidentiality, integrity and security of Personal Data, and in particular, any breach, loss, theft, unauthorized access, disclosure, destruction , alteration of Personal Data and to provide assistance with any request for collaboration from its client. The prohibitions and undertakings referred to in this article shall remain in force notwithstanding the expiry of the Contract.
EDICTALYS will communicate to its client the name and contact details of its data protection officer in accordance with Article 37 of the European Data Protection Regulation.
Data protection. EDICTALYS declares to keep a written register of all categories of processing activities carried out on behalf of its customers, data controllers.
ARTICLE 12.1: CUSTOMER'S OBLIGATION IN THE FRAMEWORK OF PERSONAL DATA PROTECTION
The client undertakes and declares to have implemented all the measures necessary for its compliance with and compliance with the GDPR, and in particular, without this list being exhaustive:
- the appointment of a Personal Data Protection Officer
- the establishment of a processing register
- the analysis of the impact of the processing of personal data and the implementation of privacy by design in all of your processes, including the fair and transparent information of the holders and the analysis of the duration of detention of the personal data
- securing the processing and storage of personal data
- the non-transfer of personal data outside Europe
- the establishment of processes to respond to requests for access, deletion, rectification and transfer of personal data
- the implementation of reporting processes in the event of incidents or losses related to personal data
- the training of personnel having to know and process personal data
- the compliance of its service providers with regard to the GDPR
ARTICLE 13: ELECTION OF DOMICILE AND JURISDICTION – ANY DISPUTE SHALL BE WITHIN THE JURISDICTION OF THE COURTS SITTING IN PARIS NOTWITHSTANDING THE MULTIPLE DEFENDANTS OR APPEAL IN WARRANTY. Our costs do not derogate from this jurisdiction clause.
EDICTALYS: Single-member limited liability company with capital of 1,000.00 Euros - RCS CRETEIL N° B 534 368 899 - CNIL n°1536578