The contents of this Web site are copyright © 2017, Com’municate SARL All rights reserved.
Com’municate SARL and certain other marks in this Web site are the trademarks, trade names, and service marks of Com’municate SARL (the "Company"). Any use of such marks without the prior written consent of the Company prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.
It is the Company's policy to respond with reasonable promptness to subpoenas and other legal process served on the Company or its subsidiaries that seek information, documents or other business records. Third parties wishing to serve such process on the Company may do so in writing to Com’municate SARL, 10 rue de Penthièvre, 75008 Paris, France ATTN: Alexandre Escarra. The Company will evaluate each such request based upon the applicable law and facts. An administrative fee of 80€ will be charged for each request to cover the Company's fees and expenses in responding to the request. The Company may require the requesting party to pay the applicable hourly rate for requests that require significant engineering or technical support. The Company may also charge additional amounts for requests that require substantial photocopying, third party charges or other expenses.
The Company expressly reserves any rights under applicable law in connection with its receipt, evaluation and any response to, any third party requests or legal process.
Com’municate SARL (the "Company") respects the privacy of its subscribers and the visitors and users of its websites.
"Personal Information" is information about you that is personally identifiable to you such as your name, address, e-mail address, phone number, and other non-public information that is associated with the foregoing, as well as log-in information and passwords (other than log-in information and passwords that constitute "Financial Information" as defined below). We pay close attention to how Personal Information is collected, used and shared, and we use Personal Information sensibly.
The Company does not collect Personal Information from Unregistered Users. The Company collects Personal Information from Subscribers through (a) the online registration process in which Subscribers are asked to identify themselves and to provide their names, addresses, email addresses, telephone numbers and similar identifying information, (b) the process of accepting orders for products from Subscribers (which may take place online, in the case of orders submitted through our Website, or via telephone, in the case of orders submitted over the phone), and (c) third parties and outside sources (where the Company may obtain information about a Subscriber from a source other than the Subscriber's actions and combine that acquired information with information provided by the Subscriber).
"Financial Information" is information about a person's financial condition or information about a person's bank accounts, credit accounts, financial accounts, payment history and records of invoices to that person, payments made by that person, other information pertaining to payment obligations and log-in information and payments to online accounts that have the power to initiate or receive payments. We pay close attention to how Financial Information is collected, used and shared, and we use Financial Information sensibly.
The Company does not collect Financial Information from Unregistered Users. The Company collects Personal Information from Subscribers through the online registration process and through the online billing process in which Subscribers are asked to provide a means of effecting payment for products or services purchased from the Company and through which information is created pertaining to Company invoices, Subscriber payments and other data pertaining to Customer payment obligations.
Personal Information We Receive from Other Sources We may receive Personal Information about you from other sources like telephone or fax number. We may add this information to the information we have already collected about you in order to improve the solutions and services we provide.
Our services are not designed for minors under the age of 18. We do not intentionally gather Personal Information about visitors who are under the age of 18.
We use reasonable measures to maintain the security of your Personal Information. Even so, technical mistakes are possible. No service provider, including our Company, can fully eliminate security risks associated with Personal Information.
10 rue de Penthièvre
These Terms of Sale (these "Terms") govern all purchases of goods or services through this website (this "Website") from Com’municate SARL (the "Seller"). Anyone purchasing goods or services through this Website (each, a "Buyer") agrees to be bound by these Terms.
1. All sales of the goods covered hereunder (the "Goods") are DDP or DAP Buyer regardless of the means of delivery to Buyer, with title and risk of loss passing to Buyer at such time.
2. Except as expressly warranted by Seller in its written warranty applicable to the Goods, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to assume all risks and liability for the Goods, whether used individually or in combination with other goods.
3. Buyer shall inspect the Goods immediately upon arrival and shall within three (3) business days after arrival give written notice to Seller of any claim that (1) the Goods do not conform with the terms of the Buyer's purchase order (the "Order") or (2) that the Goods are defective, provided that a visual inspection should have revealed such defect. If Buyer shall fail to give such notice, the Goods shall be deemed to conform to the terms of the Order, and Buyer shall be deemed to have accepted and shall pay for the Goods in accordance with the terms of the Order and these Terms (together, the "Agreement").
4. Buyer agrees to indemnify and hold Seller harmless from any and all claims, actions, liability, loss, damage or expense (including, without limitation, reasonable attorneys' fees) with respect to any suit, claim, demand or other proceeding arising out of or relating to the Goods, except to the extent relating to a breach of Seller's express written warranty made herein.
5. Seller's liability to Buyer, or person or entity purchasing from Buyer, shall be limited to the extent permitted by law, to the express warranties set forth in Seller's written warranty applicable to the Goods. Seller shall not be bound by any claim adjustment made by Buyer without prior written authorization by Seller's representative. Return of Goods will not be accepted unless a written authorization for return has been given by Seller. Any unauthorized returns are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.
6. The terms of payment for the Goods shall be as stated on each invoice or, if the Order is placed through the Website, on the final confirmation page before the Order is submitted. Payment terms begin from the date of invoice, or with respect to any Order placed through the Website on the date the Order is submitted. A finance charge of 1 1/2% per month or the maximum rate allowed by law, whichever is less, will be charged on each payment received after the due date. Checks will not be re-deposited. In the event a legal action is commenced by Seller to enforce any of the terms of this Agreement, Seller shall be entitled to recover its collection costs and reasonable attorney's fees incurred in connection with such legal action.
7. Credit arrangements are subject to written approval of Seller and are subject to change without notice. In the event Buyer fails to fulfill the terms of payment or in the event Seller shall have any doubt at any time as to Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.
8. Buyer shall reimburse Seller for all taxes, excises or other charges that Seller may be required to collect for and/or pay to the government upon the sale or transportation of the Goods.
9. No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by fire, explosion, accidents, flood, or other act of God, labor trouble or shortage, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, or arising from contingencies, happenings or causes beyond the control of the party affected. Seller shall not be required to provide quantities of Goods so affected by any such circumstances, but this Agreement shall otherwise remain unaffected.
10. Orders are not assignable or transferable by Buyer in whole or in part, except with the prior written consent of Seller.
11. In the event of inability for any reason to supply the total demands for the Goods specified, Seller may allocate its available supply among any or all of customers on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from.
12. Seller's Website may contain functions that allow the Buyer to purchase Goods (as applicable, "Customized Goods") that have been customized by the addition of trademarks, logos, copywritten material or other marks that are provided by, or specified by, the Buyer (as applicable, "Buyer Marks"). Buyer represents and warrants that, with respect to any Customized Goods ordered by Buyer, Buyer will have absolute ownership or an appropriate license to use, display and create derivative works from, all Buyer Marks that Buyer may provide or specify. In addition to any other remedies Seller may have at law or in equity, Buyer agrees to indemnify, defend and hold harmless Seller and its subcontractors, agents, partners, principals, members, officers and employees (an "Indemnified Party") from and against any and all liability, expenses, including reasonable legal fees, and claims for damages to the extent resulting from any Buyer Marks or any breach by Buyer of the foregoing representation and warranty that results in a third party claim against the Indemnified Party alleging that such Indemnified Party has infringed the intellectual property rights of such third party.
13. This Agreement shall be construed and enforced in accordance with the laws of the state of France. Buyer agrees to (i) irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts located in Paris, France to resolve any disputes relating to this Agreement and (ii) waive any right to move or dismiss or transfer any such action brought in such court on the basis of any objection to personal jurisdiction or venue. Any controversy or claim arising out of or relating to this Agreement shall, at the election of Seller, be settled by arbitration conducted in Paris, France, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
14. Buyer agrees that Seller may use Buyer's name and logo on Seller's website and in other marketing materials to identify Buyer as a customer of Seller.
15. No terms or conditions other than those stated in this Agreement shall be binding on Seller unless such modifications or additional terms are made in writing and executed by an officer of Seller. No terms or conditions contained herein shall be deemed affected by Buyer's documents containing other or different terms and conditions. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in Buyer's Order or other Buyer documents. Acceptance by Seller of the Order is expressly limited to the terms and conditions contained in this Agreement. In the event an Order shall be deemed an acceptance of Buyer's offer, the Order is expressly conditioned upon Buyer's assent of the terms and conditions contained in this Agreement. A written contract between Buyer and Seller that expressly references this Agreement may supersede this Agreement to the extent, and in the manner, provided therein.