1. About the company
MINIDOC, SARL, with a capital of 1,000 euros, whose registered office is at NANTES (44000) 1 rue du Guesclin, registered in the NANTES Trade and Companies Register under number 825 035 280, represented by Mr Paul GAUDUCHEAU (hereinafter the "Company"). The Company markets the following products to its Customers via its Internet Site: Production of films for the cinema (5911C).
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the "GT/CSU") carefully. Placing an Order implies acceptance of the GT/CSU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online.
The GT/CSU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site.
They apply to all sales concluded by the Company and apply to any contradictory document, in particular the Client's general terms and conditions of purchase.
They are systematically communicated to the Client who requests them.
In the event of a subsequent modification of the GT/CSU, the Client is subject to the version in force at the time of his Order.
"Customer" shall designate the Professional or the Consumer having placed an Order for a Product sold on the Internet Site;
"Order" refers to any order placed by the User registered on this Website;
"General Conditions of Sale and Use" or " GT/CSU " refers to these general conditions of use and online sale;
"Consumer" refers to the buyer, a natural person who is not acting for professional needs and/or outside his professional activity;
"Products" refers to the buyer, who is a legal or natural person acting within the framework of his professional activity;
"Site" refers to this Site, i.e. www.minidoc.fr ;
"Company" refers to the Company MINIDOC, more fully described in article I of the present contract; and
"User" means any person who uses the Site.
Registration on the Site is open to all legal entities or individuals of full legal age and with full legal capacity.
The use of the Site is conditional upon the registration of a User. Registration is free of charge.
To proceed with registration, the User must fill in all the mandatory fields; otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, in particular at the time of registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered Users have a login and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the registered User's account. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company shall in no case be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he or she should contact the Company as soon as possible so that the Company can take the necessary measures and regularize the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the GCS/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.
The deletion of the account entails the definitive loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site prior to the deletion of the account will be carried out under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GCS/CGU, it is strictly forbidden for the offending User to re-register on the Site directly, via another e-mail address or by an intermediary without the express authorization of the Company.
Any Order can only be placed once the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He or she can then access the summary of his or her virtual basket in order to confirm the Products he or she wishes to order and place his or her Order by pressing the "Place Order" button.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will provide a summary of the Order as well as relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Client.
6. Products and prices
The Products covered by the GT/CSU are those appearing on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics.
When a Registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, exclusive of tax (excluding VAT) and takes into account the applicable reductions in force on the day of the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Client a detailed quotation setting out the formula for calculating the price.
Under no circumstances may a User require the application of discounts that are no longer in force on the date of the Order.
7. Terms and conditions of payment
Unless otherwise stipulated, all sales are paid for in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company shall remain free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
- Bank transfer
- Credit card via a secure connection
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation selected shall be the most recent on the date of the Order for the Services.
In addition to the late payment compensation, any sum, including the deposit, not paid by the Professional Client on the due date shall automatically give rise to the payment of a fixed compensation of 40 euros due as recovery costs.
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for late delivery of the Products ordered and the sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty owed by the Client, whether Professional or Consumer, is calculated on the amount including tax of the sums due, and runs from the due date of the price without the need for any prior formal notice.
8. Terms of Payment
he Products are delivered exclusively in the following geographical areas:
- Metropolitan France
- European Continent
- North America
- South America
- Asian continent
- African continent
9. Transfer of risk and ownership
The Company retains a right of ownership of the Products sold until full payment of the price by the Client.
10. Consumer information
For the information of Consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The Company is bound by the guarantee on account of the hidden defects of the Product which render it unfit for the use for which it is intended, or which so diminish this use that the Client would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity.
Article L.217-5 of the Consumer Code: The goods are in conformity with the contract:
1° If it is fit for the use normally expected of a similar good and, where applicable:
- If it corresponds to the description given by the Company and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect in the light of the public statements made by the Company.
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the Client, brought to the Company's knowledge and accepted by the Company.
The Company reserves the right to modify the Site, the GT/CSU as well as any delivery procedure or other constituent element of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out in the GCS/CGU in force at the time the Order is placed.
12. Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Client refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulations 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to question, access, correct, modify and oppose all of his personal data at any time by writing, by post and providing proof of his identity, to the following address: email@example.com.
This personal data is necessary to process his Order and to draw up his invoices if necessary, as well as to improve the functionalities of the Site.
13. Sharing of collected data
The Site may have recourse to third party companies to carry out certain operations. By browsing the Site, the Customer accepts that third party companies may have access to his data to enable the Site to function properly.
These third party companies only have access to the data collected in the context of carrying out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the Company's address indicated above, or by clicking on the link provided for this purpose within the emails received.
Furthermore, Customer information may be passed on to third parties without their express prior consent in order to achieve the following purposes:
- to respect the law
- to protect any person from serious bodily harm or death
- fight against fraud or attacks on the Company or its users
- protect the Company's property right
14. Data protection
The Company ensures an appropriate level of security in proportion to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not constitute a guarantee and do not commit the Company to any obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a file called a "cookie" on the User's hard disk.
The User has the possibility of blocking, modifying the storage period, or deleting a cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents the User from using certain services or functionalities of the Site, this malfunction shall under no circumstances constitute a damage for the member, who may not claim any compensation as a result.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website, and although it is making every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons that are beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
17. Intellectual property
The brand, logo and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected under copyright law, the ownership of which is exclusively the Company's. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
18. Clause conferring jurisdiction
The law governing the GT/CSU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
19. Acceptance of the GT/CSU
The Customer or User expressly accepts the GT/CSU.
The Customer declares having read them
and waives the right to rely on any other document, in particular its own general terms and conditions of purchase.
The Consumer acknowledges having been informed of the information and details provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Product;
- the price of the Products
- the date or time period on which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal, telephone and electronic contact details);
- information relating to the legal and contractual guarantees and their implementation methods;
- the possibility of recourse to conventional mediation in the event of a dispute; and
- information on the right of withdrawal (time limit, how to exercise it)