The general conditions of sales described below detail the rights and obligations of IMM International SA and its clients in connection with the sales of its services.
Any service performed by IMM International SA therefore implies the buyer’s unreserved acceptance of these general conditions of sales.
These general conditions concern the provision of services provided between professionals (service provider / buyer).
These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the service provider to buyers of the same category.
The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are put online.
If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sales are communicated to any buyer who requests them, in order to allow him to place an order.
The supplier reserves the right to modify certain clauses hereof, depending on the negotiations carried out with the buyer, by establishing special conditions of sales.
The service provider can, moreover, establish categorical general conditions of sales, modifications from these general conditions of sales, according to the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will then have these categorical general conditions of sales applied.
These general conditions of sales are applicable until December 31, 2024.
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sales of the services offered by the service provider to the buyer. They concern the following services: Advertising management.
These conditions only concern services provided in France for buyers located on French territory. For any service performed outside of France, or for a buyer located outside of France, it should be reported to obtain a specific quote.
The buyer places his order online, from the online catalogue and using the form on the site.
For the order to be validated, the buyer must accept, by signing the Insertion Order, these general conditions. Its acceptance will result in the sending of an Insertion Order in accordance with the conditions described below.
Payment is made by bank transfer after issuing an invoice.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the service provider reserves the right to block the buyer’s order until the problem is resolved.
If it is impossible to perform the service, the buyer will be informed by e-mail.
The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must call 0140130030, Monday to Friday from 9 a.m. to 6 p.m. (cost of a local call).
The online supply of the buyer’s bank details and the final validation of the order will constitute proof of the buyer’s agreement and will be worth:
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is observed, to contact 0140130030.
The contractual information will be confirmed by e-mail at the latest at the time of the start of performance of the services, to the address indicated by the buyer in the order form.
The Insertions Orders, kept in the service provider’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
The services governed by these general conditions are those which appear on the service provider’s website and which are indicated as carried out by the service provider or under its control. They are offered within the limits of the service provider’s availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the provider cannot be held liable.
By virtue of the hierarchical and disciplinary authority that it exercises exclusively over its staff, the latter will remain under the effective control of the service provider during the full performance of the services.
In the event of an intervention on the buyer’s premises, the service provider undertakes to comply with the obligations in terms of health and safety, the content of which the buyer will communicate to him, provided that his staff are granted identical protection. to that granted to the employees of the service provider.
The service provider guarantees the regularity of the situation of its staff with regard to Articles L. 1221-10 et seq. And L. 3246-1 et seq. Of the Labour Code. The service provider also certifies that it complies with the provisions of Articles L. 8221-1 and L. 8221-2 of the Labour Code, relating to the fight against concealed work, as well as with the provisions of Book III, Title IV of the Labour Code.
During the duration of the services and for a period of one year after its completion, the buyer undertakes not to solicit or attempt to poach (or help any other person to solicit or attempt to poach) any employee of the service provider with which he will have had contacts within the framework of the execution of the services. In the event of a violation, the buyer will be liable to the service provider, as a penalty clause, for compensation equal to one year of the last gross salary of the person thus debauched.
Unless otherwise agreed, the price of services is established according to the number and experience of the staff required, the level of competence and responsibility required; hourly rates are revised periodically. Travel, subsistence and accommodation costs incurred for the performance of the services will also be invoiced, if applicable. VAT at the rate in force is added, where applicable, to fees and disbursements. Delays or other unforeseen problems, over which the service provider has no control and which are beyond its control, may result in additional fees liable to be subject to additional invoicing. The service provider undertakes to inform the buyer of these delays and / or problems as soon as they arise in order to be able to assess the consequences with him. Invoices will be issued corresponding to the services provided and the disbursements incurred by provision and as and when they are carried out. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due: no later than the 30th day following completion of the service.
In accordance with the law, any late payment obliges the service provider to charge late penalties. The rate of late payment penalties is established on the basis of the legal minimum rate; in addition, the late debtor will be required to pay the service provider a lump sum compensation for recovery costs of 40 Euros; in addition, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being able to be considered as being attributable to him.
Payment for the order is made by Bank Transfer from the buyer’s bank account. The buyer must enter his bank details in the place provided and confirm this entry by adding his computer RIB attached to the invoice. The service provider reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment.
The service provider reserves the right in particular to refuse to make a delivery or to honour an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The service provider has set up an order verification procedure to ensure that no one is using another person’s bank details without their knowledge. As part of this verification, the buyer may be asked to send, by fax or email, to the service provider a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the service provider of the documents sent.
The price is payable in full and in a single payment, within 30 days of the performance of the service. This deadline will be mentioned on the invoice sent to the buyer.
Any delay in payment will result in the immediate payment of all sums due to the service provider by the buyer, without prejudice to any other action that the service provider would be entitled to bring, in this respect, against the buyer.
Except in cases of force majeure or during the closing periods clearly announced on the home page of the site, the response times will be, within the limits of the service provider’s availability, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email.
For services provided in Metropolitan France, the deadline is provided for in the insertion order, working days from the day following that on which the buyer placed his order.
In the event of delay, the provider cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever can be claimed by the buyer.
If the service provider is unavailable to perform the service, the buyer will be informed as soon as possible and will have the possibility of cancelling his order. The buyer will then have the option of requesting reimbursement of the sums paid within 30 days of their payment at the latest.
The realization is started only after confirmation of the payment by the banking organization of the service provider.
It is provided within the time period specified on the order form, from the receipt by the service provider of the order form.
In the event of non-compliance with the terms of payment appearing above, the seller may suspend or cancel the service.
The service is provided to the address indicated by the buyer on the order form. The buyer must ensure its accuracy. Any trip to the loss of the service provider because of an incorrect or incomplete address will be billed to the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
The buyer will ensure access to the service provider, in particular if he is not personally present on the day of the performance of the service.
The end of the service will give rise to an end of intervention document. The buyer must indicate on this document and in the form of handwritten reservations accompanied by his signature any anomaly concerning the service or the conditions of its realization.
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the end of intervention document.
The service provider’s commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, the service provider will assign to the performance of the services professionals with the skills required to ensure their performance in accordance with its quality standards.
In order to facilitate the proper performance of the services, the buyer undertakes:
The buyer recognizes and accepts:
Each party undertakes not to disclose confidential information received from the other party. Confidential information means information of any kind, visual or oral, in any medium whatsoever, relating to the structure, organization, affairs, various internal policies, projects and personnel of each of the parties. Subject to the exceptions set out below, this confidentiality obligation will take effect for the following period: 1 year following the end of the services. Also of a confidential nature, the content of the services as well as the reports, letters, information, notes, quotes, provided by the service provider during the performance of the services. These documents are communicated to the purchaser for strictly internal use and on the condition of not disclosing them to third parties or attaching them to a document that he may produce. If the buyer wishes all or part of these documents to be disclosed to / or used by a third party, he must request prior written authorization from the service provider. The terms applicable to this disclosure will then be set.
The obligations and restrictions set out above do not apply:
Subject to its confidentiality obligations, the service provider reserves the right to perform services for companies competing with that of the buyer.
In the event that one of the service provider’s recommendations or the use of elements delivered following one of its recommendations would involve the use of goods, models, drawings, photographs, etc. being the subject of intellectual property rights belonging to third parties, the service provider will inform the purchaser of the existence of these rights and of the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating for his own account the rights of use under conditions such that the service provider is able to do so. prevail for benefit requirements.
For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.
In some cases, these aids can be made available to the buyer and at his request. Insofar as these tools have been developed specifically for the needs of the service provider and without consideration of the buyer’s own needs, they are made available to the buyer for the duration of the contract as is and without any warranty. attached, for simple use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any assignment of rights or guarantees, whatever the title, for the benefit of the purchaser or that of the third party.
The service provider reserves all rights, title and interest in:
The buyer may, without geographical limitation, free of charge and irrevocable, use internally and for the term of protection by copyright, the elements designed by the service provider and incorporated into his work. The buyer is prohibited from distributing, marketing, and more generally making available or conceding the use of these same products and more generally from conceding the use of these same elements to third parties without the agreement of the service provider.
No party may mention or use the name, denomination, brands and logos or other designations, commercial or not, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, the service provider may use the name, denomination, brands and logos of the purchaser during the contract to the extent that is strictly necessary for the performance of the services, including in subsequent service proposals. In addition, the buyer authorizes the service provider, at the end of the performance of the services, to cite his name / denomination as a reference and to accompany this quote, if applicable, with a generic description of the services provided.
The service provider will keep the original documents that have been given to him, and will return them to the buyer, on his request. All documents, data or information provided by the buyer will remain his property.
The service provider will keep a copy of the only documents necessary for the constitution of its working files.
The working documents prepared within the framework of the services are our property and are covered by professional secrecy.
In the event that a conflict of interest or a problem of independence arises during the performance of the services, the service provider will immediately inform the buyer and will seek with him the most suitable solution to the situation in the compliance with applicable rules. More particularly, if a modification of the regulations or professional standards prohibits the service provider from continuing its services, it will make the results of the services available to the purchaser as well as all the documents necessary for their finalization, including its Documents in it. state, in order to facilitate prosecution by a third party.
The entire liability of the service provider and that of his employees relating to any breach, negligence or fault noted during the performance of the services will be capped at the amount of the fees paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or parties to litigation.
This stipulation will not apply to a liability for death or bodily injury, nor to any other liability that the law prohibits to exclude or limit.
The provider’s liability can only be engaged in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind.
In addition, the provider cannot be held liable in the following cases:
The service provider is not liable for its insurers or for indirect damages, nor for loss of profit or loss of opportunity or expected profits, nor for the financial consequences of actions that may be brought by third parties against the buyer.
The service provider guarantees the buyer against any lack of conformity of the services and any hidden defect resulting from a design or supply defect of said services to the exclusion of any negligence or fault of the buyer.
In any event, in the event that the provider’s liability is retained, the provider’s warranty would be limited to the amount excluding tax paid by the buyer for the provision of the services.
The service provider reserves the right to transfer all or part of the performance of the services to service providers meeting the same qualification requirements.
If the service requires specific technical skills, the service provider will inform the buyer about the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the service provider and will undertake to keep confidential all the information of which it becomes aware during the services.
All complaints, whether amicable or legal, relating to the performance of the services must be made within one year from the end of the performance of the service.
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.
All circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by these parties, will be considered as force majeure.
Last, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
The personal data collected on this site are as follows:
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
Personal data may be shared with third-party companies in the following cases:
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: n.devos@imm-international.com
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute which may arise from the performance of the services.
If they fail to do so, the parties will submit the dispute to the competent commercial court.
If you have any questions about the security on our website, you can send an email to: imp@imm-international.com
