This site, accessible at URL alkaleis.com (the “Site”), is published by:
Alkaleis, a simplified joint-stock company with share capital of 1,000 euros, registered with the Versailles Trade and Companies Register under number B 913 714 002, with registered office at 3 rue du Parc de Buc, 78530 Buc, France, represented by François-Melchior Le Tourneau, duly authorized,
(hereinafter referred to as the “Vendor”).
The operator’s individual VAT number is: FR06913714002.
The Site is hosted by 1&1 IONOS SARL, located at 7, place de la Gare, BP 70109 57200, Sarreguemines Cedex, (telephone: +33 9 70 80 89 11).
The Service Provider’s Customer Service can be contacted:
The purpose of these general terms and conditions of service (the “General Terms and Conditions”) is to define and govern the contractual relationship between the Service Provider and any individual or legal entity (a “Customer”) who has created an account or wishes to use the services offered on the Site.
The provision of services offered to Customers on the Site is subject to prior acceptance, without restriction or reservation, of these General Terms and Conditions.
The General Terms and Conditions are made available to Customers on the Site, where they can be consulted directly, and can also be sent to Customers on request by any means.
The General Terms and Conditions are applicable notwithstanding any stipulation to the contrary in any documents issued by the Customer, and in particular in its general terms and conditions of purchase.
The General Conditions are applicable subject to any stipulation to the contrary appearing on the order form or in any special conditions concluded between the Company and the Customer concerned.
The purpose of the Site is to provide the following services online:
(hereinafter referred to as the “Services”).
The Services presented on the Site are each described in terms of their essential characteristics. This description may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site.
With regard to the provision of services related to website development, if revisions are mentioned in the contract, here is how they are defined unless explicitly stated otherwise in writing:
The Customer must submit any revision request in writing, detailing the desired changes. The Service Provider will endeavour to carry out revisions within a reasonable time of receipt of the request.
The Service Provider reserves the right to refuse any request for revision involving substantial changes or significant additions that do not correspond to any of the three categories of revision mentioned above (addition of a catalogue or online store not provided for in the initial project, etc.). Such requests will be carried out as part of an additional service and will be subject to an additional contract.
Any Customer wishing to take full advantage of the Site or Services must:
The Services can be accessed from a computer, smartphone or tablet by connecting to the Site.
Use of the Services requires a broadband Internet connection and, where applicable, a mobile Internet connection.
Customers are personally responsible for setting up the IT and telecommunications resources required to access the Site.
The Services can only be accessed from one connection at a time.
When creating an e-mail account, the Customer is asked to choose a password, which guarantees the confidentiality of the information contained in the account.
In order to validate the registration, the Service Provider sends a confirmation e-mail to the Customer’s e-mail address. The Customer then activates his/her account by clicking on the hypertext link provided in the confirmation e-mail.
Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of registration, undertakes to notify the company of any subsequent changes and guarantees that the said information does not infringe the rights of third parties.
The Customer can modify this information, login and password by requesting it by any means.
The Customer undertakes not to divulge or transfer his account, login and password and is solely responsible for their use until they are deactivated. The Customer shall immediately inform the Service Provider of any loss or unauthorized use of the Customer’s account.
The Service Provider reserves the right to delete the account of any Customer who has provided incorrect information or who does not have an order in progress.
Any Customer wishing to benefit from the online Services on the Site must:
Unless expressly stated otherwise on the Site, the Customer may not modify his or her order once it has been validated, which shall be firm and final.
Upon receipt of payment for the Services included in the order, the Service Provider will send the Customer an order confirmation e-mail to the e-mail address provided by the Customer.
The order confirmation e-mail summarizes the essential characteristics of the Service(s) ordered, the total price, and any other relevant information. This e-mail will also include a tracking number for the Customer’s order.
By placing an order on the Site, the Customer expressly accepts that the Service Provider may send an invoice electronically.
In order to combat fraud, the Service Provider or its payment or delivery service providers may request additional proof from the Customer or contact the Customer at the time the order is accepted and/or dispatched. In the event of an unjustified refusal by the Customer to provide the information and/or proof requested, the Service Provider reserves the right not to accept or to cancel the order, without any right of objection.
The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who has failed to pay for the Services, with whom there is a dispute relating to the payment of a previous order or who has an abnormally high level of orders.
The Services are provided at the Provider’s rates in force at the time the quotation is sent by the Provider to the Customer, expressed in euros including all taxes.
For specific services: a deposit of 50% of the total price of the Services is invoiced by the Service Provider and payable to the Customer on the date of signature of the order form, the balance being invoiced and payable on completion of the Services.
In the case of successive performance sales (e.g. subscription): the Services are invoiced and the price is due and payable at the start of each month in which the Services are provided. Any change in the price of Services will take effect from the next contractual period. In the absence of cancellation by the Customer before this date, the new tariff will apply to the new contractual period.
The price is firm and may not be revised during the performance of the Services, the parties expressly waiving the right to invoke the provisions of article 1195 of the French Civil Code.
However, the Service Provider reserves the right to modify its prices at any time for any Services subscribed to after such modification.
Price reductions, rebates and discounts may apply to the Services in accordance with the conditions set out on the Site or in any other document communicated to the Customer. In the event of a promotional price, the Service Provider undertakes to apply this price to all orders placed during the promotional period.
In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or offset without prior written agreement between the Service Provider and the Customer. Any suspension, deduction or set-off made unilaterally by the Customer will be treated as a default in payment and will entail all the consequences of late payment.
Furthermore, it is expressly agreed that the Customer is validly put in default of payment by the mere due date of the obligation, in accordance with the provisions of article 1344 of the French Civil Code. In the event of late payment of any instalment, the Service Provider reserves the right, without any compensation being due to the Customer, to:
Any change in rates resulting from an increase in value-added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Service ordered.
The Site uses the Stripe online payment solution.
Orders can be paid for using one of the following payment methods:
In this case, the order validated by the Customer will not be considered confirmed until the Service Provider has verified the validity of the payment.
The Service Provider undertakes to exercise all due care in the performance of the Services and its obligations under these General Terms and Conditions and/or any other documentation entered into with Customers, in compliance with all applicable laws and regulations and the rights of third parties.
The Service Provider declares that it has the necessary skills, experience and resources to provide the Services, and will assume full responsibility both for the performance of the Services and for the organization of the work of its personnel, where applicable.
In addition, the Service Provider endeavors to ensure that the Site is accessible and functioning properly twenty-four hours a day, seven days a week.
However, the Service Provider cannot exclude the possibility that access to and operation of the Site may be interrupted in particular in the event of force majeure, malfunctioning of the Customer’s equipment or Internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision by the competent authorities, or for any other reason.
The Service Provider also reserves the right to make any and all modifications and improvements to the Site and the Services that it deems necessary for technical developments or proper operation.
General and temporary interruptions to the Site and Services will, as far as possible, be notified via the Site before they occur, except where such interruptions are of an emergency nature.
Each Customer undertakes to access and use the Site and Services in a loyal manner and in accordance with the laws in force and the present Terms and Conditions.
The data and information communicated or put online by Customers must be accurate, sincere and truthful and will be communicated under their sole responsibility.
More generally, each Customer undertakes to:
In the event that a Customer is responsible for a breach of current legislation or an infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police force), any information enabling or facilitating the identification of the offending Customer.
In the event of non-performance or defective performance of the Services, the Customer shall notify the Service Provider and formulate its grievances and reservations within thirty (30) calendar days of the date of provision of the Services, in order to enable the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Customer’s initial notification.
Failing amicable settlement under the aforementioned conditions and in the event of sufficiently serious non-performance by the Service Provider, the Customer may terminate the General Terms and Conditions under the conditions set out in Article 17 and, where applicable, obtain damages from the Service Provider to compensate for the loss suffered, the Customer waiving in advance any right to seek compulsory performance in kind of the Services by the Service Provider or a third party or a proportional reduction in the price, by express waiver of the provisions of Articles 1221, 1222 and 1223 of the French Civil Code.
The Service Provider is bound by an obligation of means in respect of the provision of the Services.
Each Customer declares that he/she is aware of the constraints and limits of the Internet networks and may not, under any circumstances, hold the Service Provider liable for malfunctions in access to the Services, opening and consultation speeds of the Services pages, temporary or permanent inaccessibility of the Services or fraudulent use of the Site by Customers or third parties.
The Service Provider cannot be held liable in any way whatsoever:
In addition, each Customer is responsible for the content and information imported, stored and/or published on the Site and undertakes not to use any technical measure of such a nature as to enable circumvention of the technical protection measures put in place by the Service Provider with a view to preventing any fraudulent use of the Site and Services.
Customers are also solely responsible for taking all measures to ensure the integrity and backup of all their data, files and documents, and waive their right to hold the Service Provider liable for any damage to data, files or any other documents they may have entrusted to the Service Provider in the course of using the Site and/or the Services.
More generally, each Customer undertakes to hold the Service Provider harmless against any claim, demand or opposition and, more generally, against any proceedings brought against it as a result of the Customer’s use of the Site or Services.
In any event, the Service Provider shall not be liable for any indirect or consequential loss or damage, such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of Customers, operating loss, commercial loss or disturbance or loss of image, which may result from the defective supply or lack of supply of the Services.
The Service Provider’s liability may not exceed an amount equal to the price (exclusive of tax) received from the Customer for the provision of the Services over the last twelve (12) months.
In accordance with the provisions of Article 2254 of the French Civil Code, any legal action brought by a Customer against the Service Provider is time-barred at the end of one (1) year following the date on which the Customer concerned knew or is presumed to have known of the harmful event.
The computerized registers, kept in the computer systems of the Service Provider and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Customers and the Service Provider. These elements are archived on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer acknowledges the evidential value of the Site’s automated recording systems and waives the right to contest them in the event of a dispute.
For further information on the use of personal data by the Service Provider, please read the Privacy Policy (the “Policy”) carefully. You can consult this Policy on the Site at any time. The most recent and current version of the Policy will always be available at the following address: alkaleis.com/privacy-policy.
The hypertext links available on the Site may lead to third-party or partner sites. They are provided solely for the Customer’s convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
In any event, the existence of a hypertext link to the Site from a third-party site or on the Site to a third-party or partner site does not incur the liability of the Service Provider for any reason whatsoever and in particular as regards the availability, content and products and/or services available on or from this third-party or partner site.
The Customer is not authorized to create one or more hypertext links on a third-party site to the Site’s home page or profile page, without the prior written consent of the Service Provider.
The Service Provider is the sole owner of all deliverables produced by the Service Provider and transmitted to Customers as well as of all content present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the deliverables produced by the Service Provider and transmitted to Customers or the content present on the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorization of the Service Provider, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
Furthermore, any extraction, integration, compilation, or use for personal or commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other data collection tools is strictly forbidden to Customers.
However, subject to compliance with these General Terms and Conditions, the Service Provider grants Customers a non-exclusive and non-transferable right to use the deliverables produced by the Service Provider and transmitted to Customers for personal or commercial use.
In the case of one-off sales or in application of special conditions, the present General Conditions are concluded for the duration of the provision of the Services, as mentioned, where applicable, in special conditions or in the order form.
In the case of successive performance sales (e.g. subscription), the present General Conditions are concluded for an initial period of 1 year. In the absence of denunciation of the present General Terms and Conditions within a period of 3 months preceding the end of this initial term, the provision of Services and the General Terms and Conditions are tacitly renewed for a new period equivalent to the initial term, under the pricing conditions in force at the date of renewal.
The Service Provider reserves the right to suspend a Customer’s access to the Site and Services, either permanently or temporarily, in the event of a breach by the Customer of its obligations under these General Terms and Conditions.
In addition, the Service Provider or the Customer may terminate the General Terms and Conditions in advance by giving written notice:
During the term of the present agreement, each party may become aware of or receive confidential information, documents and/or data concerning the other party. Accordingly, each party undertakes, both on its own behalf and on behalf of its employees for whom it acts as guarantor, to maintain the strict confidentiality of all confidential information, documents and/or data of any kind relating to the results, activity or clientele of the other party, or any information received or obtained from a party within the framework of the established contractual relationship.
The present confidentiality agreement between the parties is valid for the duration of the present agreement and for a period of two (2) years following its expiry or termination.
Any written notice or summons required or permitted by virtue of the provisions hereof shall be validly given if sent by hand-delivered letter or by bearer against delivery receipt, by registered mail with acknowledgement of receipt, or by electronic mail (except in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change in a party’s contact details for the purposes of this agreement must be notified to the other party in the manner provided above.
Notifications sent by hand or by bearer will be presumed to have been made on the date of delivery to the addressee, as attested by the delivery receipt. Notifications made by registered mail with acknowledgement of receipt will be presumed to have been made on the date of their first presentation at the addressee’s address. Notifications made by e-mail will be presumed to have been made on the date the e-mail is sent.
The Customer agrees not to solicit or hire Alkaleis employees during the term of the contract and for a period of 12 months thereafter.
The Customer undertakes not to compete directly or indirectly with Alkaleis during the term of the contract and for a period of 12 months thereafter.
If any provision of these General Terms and Conditions is declared null and void or inapplicable for any reason whatsoever in application of a law, regulation or following final court decision, it shall be deemed unwritten and the other provisions shall remain in force.
The fact that the Service Provider temporarily or permanently refrains from invoking one or more of the stipulations of the General Terms and Conditions shall in no way constitute a waiver.
The Service Provider reserves the right to modify the content or location of the Site, the Services and these Terms and Conditions at any time without notice.
Any use of the Site or Services subsequent to a modification of the Terms and Conditions shall constitute acceptance by each Customer of said modifications. The most recent and current version of the Terms and Conditions will always be available at the following address: alkaleis.com/terms-and-conditions.
When modifications to the General Terms and Conditions are considered to be substantial, they will be brought to the attention of Customers by e-mail and must be accepted by them the next time they log on to the Site.
Any disputes arising in connection with the contractual relationship between the Customer and the Service Provider shall be resolved as amicably as possible.
In the event of failure to reach an amicable settlement within a period of one month from the date of referral of the matter to one of the parties, all disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, shall be submitted to the Versailles court.
These General Terms and Conditions and the operations arising from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, the French text alone shall prevail in the event of dispute.
This version is an English translation.
