Terms & conditions
GENERAL SALES CONDITIONS
Article 1 – Preamble
The purpose of this Contract is to define the terms and conditions whereby IDATE proposes economic studies for sale on the Internet, undertaken by the latter, and which are marketed on the website idate.org.
All connections to this service are subordinated to compliance with these General Conditions.
For the user, validation of online registration terms implies acceptance of all conditions set forth here under.
The customer undertakes to take cognizance of these General Sales Conditions.
For the user, simply accessing the web server idate.org at the following URL address idate.org implies acceptance of all conditions set forth here under.
These General Conditions and the Special Conditions take precedence over all General or Special Conditions, or any other document that the customer may have transmitted to us.
The user undertakes to supply IDATE with up-to-date, complete and exact information and to ensure that said party's details are also up-to-date.
Accordingly, any modification of such details shall be notified to IDATE, in particular in the event of a change of address or email address.
Article 2 – Definitions
Unless otherwise specified, the following terms and expressions shall have the meaning allocated thereto here below insofar as they are written with a capital letter, whether in the singular or plural form, either in this Contract or in any other document issued by IDATE relating to the Contract purpose.
User: individual or legal entity which has registered identification on the idate.org website; registration is performed by completing an online form.
Customer: individual or legal entity which has placed an order on the idate.org website.
Contract: these General Conditions and the General Sales Conditions, including any conditions specified in the subscription form.
idate.org: IDATE website.
IDATE: studies and consultancy company which proposes market studies relating to telecommunications, the Internet, audiovisual techniques...
Internet: open and informal network constituted by international interconnections of data-processing networks. Internet management is not submitted to any centralised entity. Each part of said network is owned by an independent public or private organisation. Operating thereof relies on the cooperation between operators of the various networks; no provision or provision quality obligation exists between such operators. Networks may have unequal transmission capacities and specific utilisation policies.
No one can guarantee the correct operating of Internet as a whole.
Web: the Web is an Internet application which enables data consultation in a friendly manner, due to links created between documents which may be located on any Internet server. The basic Web document is know as a page.
Login: refers to the personal access code used by the customer to access the service.
Password: refers to the personal code which the customer must enter with the login to access the service.
Customer zone: customer’s private zone accessible online on the Internet website idate.org concerning information on products marketed by IDATE.
Order form: refers to a form which includes data and other information required to become a customer, and specific financial and payment conditions for the user.
Website idate.org: refers to the Company IDATE Internet server which welcomes the customer when connecting to the Internet and which is accessible at the address http://www.idate.org.
Server: refers to all equipment, software and links on which websites are implemented and which makes them available for consultation on the Internet.
Dns: Domain Name Server
Services: All products or services that we accept to supply you with and which are validated via an online form on the website idate.org, filled in by the customer, specifying information relating to the latter and which identifies the characteristics of the marketed product.
Article 3 – Contract purpose
The purpose of this Contract is to define the terms and conditions whereby the website idate.org. proposes economic studies, undertaken by the Company IDATE, for sale on the Internet.
Product sale services are submitted to these General Conditions which take precedence over any other stipulations issued by the customer.
Furthermore, the purpose of these General Sales Conditions is to inform any potential customer of the conditions in which idate.org undertakes the sale and delivery of the latter’s products.
The simple fact that a customer clicks on an icon enabling the latter to read these General Sales Conditions, is the latter’s irrevocable and final agreement to all provisions set forth herein.
Any order placed by the customer entails the latter’s unconditional and unrestricted adherence to these General Sales Conditions and the following document included by the reference here under.
By clicking on the “Validate” tab on the order form; the customer acknowledges being fully informed of these General Sales Conditions and therefore waivers prevailing of any third party document, in particular said party’s own General Purchasing Conditions, this operation entails acceptance of these General Sales Conditions. Said confirmation and all data we register constitute proof of our transactions. If you disagree with these terms, you may not download IDATE studies to your hard disk.
We may modify these General Sales Conditions at any time subject to specifying such modifications on our website.
Article 4 – Characteristics of proposed products
Our offer corresponds to:
Market studies, strategic and economic analyses. Products have been previously digitized and data has been processed.
Article 5 - Contract formation and proof of transactions
Orders placed via the intermediary of the website commit the customer as of validation thereof by clicking on the “Pay” tab on the order form.
All orders imply acceptance of these Sales Conditions which have been communicated to the customer.
Orders are generally placed online on our website www.idate.org from a personal computer, 7/7 days and 24/24 hours.
But the customer may also order at the following number: +33 (0)4 67 14 44 44. This service is open from 9 a.m. to noon, and from 2 p.m. to 6 p.m. from Monday to Friday.
The customer may also place an order by post, in this case the latter shall previously fill in and then print, according to instructions supplied online, an order form made available to the customer where said party shall specify the required identification details, in particular name, first name, postal address and fax number. The order form must be signed and stamped with the customer's corporate stamp.
By fax: the customer may also place an order by fax, in this case the latter shall previously fill in and then print, according to instructions supplied online, an order form made available to the customer where said party shall specify the required identification details, in particular name, first name, postal address and fax number. The order form must be signed and stamped with the customer's corporate stamp.
Prior to entering into the Contract, our website enables the customer to be informed of products’ main characteristics by visualising a product presentation, if said party wishes to place an order. The customer selects the service to be ordered and downloaded from the different categories or types of information.
As soon as the customer clicks on the “Validate” tab after the order process, the latter declares accepting such order and also these entire General Sales Conditions without restriction or reserves. Information supplied by the customer when placing an order commits the latter and the seller may not be held liable for any mistakes in order drafting or the addressee’s details. We advise the customer to keep this information on a computer file or as hard copy.
Data recorded by the payment system used and selected by the customer (bank or other establishment) constitutes proof of all financial transactions performed by the trader, customers thereof and said establishment (or other organisation).
Article 6 – Price
Products’ prices are specified in Euros on the basis of currently prevailing prices at the time of order, subject to possible computerisation mistakes or modification of the VAT rate.
Specified prices are expressed in Euros excluding taxes on the product presentation pages. They are expressed in Euros including taxes on the order form.
A customer located outside of Metropolitan France is invited to collect information relating to import rights or taxes which may be applicable thereto, and shall take charge of related declarations and payments.
In the event of any difference between the price specified to the customer upon ordering and the current price, due to a typing or printing error, or calculation on our website, the current price shall take precedence.
All orders are to be paid in Euros, whatever the origin thereof.
Product prices may be modified at any time as a result of external events. Such modifications shall be notified to the customer prior to any order.
Article 7 – Payment
The price is payable immediately upon ordering.
The customer selects the payment means from amongst those proposed by IDATE on the order form:
Visa card, MasterCard, credit card. Payment is performed in compliance with General Conditions of the SSL payment system.
In the event of payment by credit card, transaction remittal for customer account debit is performed as of order for online services.
Ensured by PAYBOX, in compliance with conditions of use for this service. This takes place in a secured environment under the exclusive control of PAYBOX. Full payment is only performed when the customer's order is dispatched and pursuant to bank card validation. If payment authorisation is refused by the bank, the order shall simply be cancelled.
Bank card numbers are not communicated to us in any case whatsoever. Only our bank knows of your bank account details.
Article 8 - Delivery by digital transfer
Pursuant to automated and secured processing of the customer’s online order, the latter will receive the ordered products (in PDF or html link format). For such purpose, the customer must use Adobe Acrobat Reader software available free of charge by download from the website www.adobe.com.
Dispatch of the purchased product takes place immediately after validation of online payment.
In the event of any technical incident, we undertake to implement everything necessary to deliver the product manually by email as soon as possible after order registration on our web server under penalty of Contract termination.
Data transfer deadlines specified in these General Conditions, according to the characteristics of the customer’s configuration, are for information purposes only and any possible delays do not entitle the customer to cancel the sale, refuse the goods, or claim damages.
An invoice is immediately sent to the customer's postal address.
If, for any connection reason whatsoever, the user cannot open the PDF file, the latter may always contact our Customer Service by email, fax or telephone at +33 04 67 14 44 44.
Downloading relies firstly on our current communication infrastructures and also on the inexistence of tangible mediums. Intangible services are therefore selected according to their characteristics, such as their kilobyte size or installation facility, for the purpose of ensuring successful downloading within a reasonable amount of time.
Article 9 – Warranty
IDATE warrants that its products have been designed in compliance with best trade practices. The customer benefits from a legal warranty against faults or hidden defects for products sold. In the capacity of publisher, IDATE takes care to ensure that the models offered for sale have been drafted in compliance with applicable French and Community law. In no case may IDATE be held liable for the consequences of inappropriate use of the products located on the latter’s website. Our products may not meet the customer's requirements or be incomplete. IDATE may not be held liable for the unavailability of said party’s website or services resulting from a force majeure event.
Article 10 - Retraction
Due to the nature of the provision of intangible services delivered by email and of which performance began with the consumer's agreement, the parties agree that no right of retraction may be exercised.
Article 11 - Liability
The customer acknowledges having received the conditions, warnings and information required; said party alone is responsible for our products’ appropriateness to the latter’s requirements, precautions to be taken and backups required during utilisation thereof. In no case shall we, our supplier or resellers, be held liable for any damages whatsoever, either direct or indirect, caused to the user or a third party, in particular subsequently to incorrect operating, failure, income shortfall, or data loss, software loss,
deterioration or loss of equipment, suffered by the user or a third party. Neither do we cover recovery, reproduction or repair costs such as losses or deteriorations.
The Customer shall take charge of contracting the appropriate insurance policy at the latter’s expense and as necessary.
Article 12 - Clause deemed as unwritten
If any one of the conditions set forth herein is deemed as null and void pursuant both to a currently prevailing a rule of law or a rule of foreign law and which is necessarily applicable due to the use of our products, said clause shall be deemed as unwritten but would not entail nullity of the remaining conditions of use for our services which would therefore continue to be fully valid.
Article 13 - Intellectual property
The proposed products and studies are protected by regulations and international treaties relating to copyright and intellectual property.
The sale of our products and studies in no case results in a transfer of reproduction, representation, and exploitation rights, and generally of any acknowledged or to be acknowledged intangible rights which have contributed to performance thereof.
Therefore, the customer is authorised to install a single copy of the downloaded service on a single computer. However, it is generally acknowledged that the main user may make a second copy for backup or filing purposes.
We grant our customer a personal, non-transferable and non-exclusive right of use.
In the framework of subscription to IDATE studies, the licence agreement for the end user is the Contract entered into between the user of our products and IDATE. By installing, copying and using our products, the user acknowledges being bound thereto, pursuant to the terms set forth in the latter’s contract. In the same way, by accepting the contractual conditions, the customer becomes the legal licensee with all attached rights and guarantees.
The customer undertakes to comply with the legal licence contract attached to the transmitted data. IDATE hereby grants you a non-exclusive, and non-transferable licence to use (except with respect to the provisions set forth here under) in compliance with the terms set forth in this licensing contract.
The products marketed on the idate.org website are protected by regulations relating to copyright, certain elements are therefore protected by trademark, database and trading secrecy regulations and may be protected by regulations relating to patents.
In addition to the restrictions and obligations imposed by said regulations, you agree to comply with the following terms:
You are entitled to:
· Download each product on a single computer,
· Consult, use, adapt and reproduce the studies and information for your personal and professional
You are not entitled to:
· Directly or indirectly use the product on more than one computer or work station, or to use the device operating as a file server on a multi-user network or system unless such device restricts software access in such a way that only one user at a time is authorised to use this or make it accessible to others in any way whatsoever, including via the intermediary of an electronic bulletin, website or another electronic distribution format.
· Distribute, sell, lease, or sub-rent, loan, give, supply a copy (digital or otherwise) or enable product utilisation to any party whatsoever without previous written agreement thereto from IDATE.
· Remove warnings relating to property rights, labels or trademarks carried by products and documentation.
All rights, ownership titles, interests and all copyright relating to products marketed on idate.org, documentation and copies thereof made by yourself are IDATE property.
The fact of copying the products, subject matter of this contract, and related documentation without permission, or the fact of not complying with the aforementioned restrictions shall result in breach of contract and automatic termination thereof and shall enable IDATE to initiate other legal or civil
If you disagree with these terms, you should neither purchase nor download IDATE services.
The trademarks, logos and service brands which are shown on this website belong to us. It is forbidden to use said trademarks without our prior authorisation in writing.
Article 14 - Personal Data
When purchasing, we ask our customers for information which is essential to ensure the quality of service and order processing. We do not sell, market or rent such information to third parties.
In compliance with the Data Protection Act, the customer has a right of access and rectification relating to data concerning such party, and a right to object.
To exercise one of such rights, the customer shall contact IDATE at BP4167 – 34092 Montpellier Cedex 5, France.
Article 15 - Applicable law and power of jurisdiction
Both the conditions of use for our products and the acquisition terms of our online services are governed by French legislation wherever the location of their use or acquisition. In the event of any possible dispute relating to the interpretation or performance of these conditions and pursuant to failure of all attempts to reach an amicable solution, power of jurisdiction is expressly attributed to French courts, and if you are a trader, to the Commercial Court of Montpellier.