ARTICLE 1 – DEFINITIONS

The following terms will have the following meanings in these Terms and Conditions of Sale and Benefits:

Customer: means any professional resident within the European Union who makes the purchase of Product(s) via the Site for purposes falling within the scope of its professional activity, excluding consumers and non-professionals within the meaning of the applicable regulations.

General Conditions: means these general terms and conditions of sale applicable to professional customers.

Product(s): means the new or repacked product(s) marketed by ERGOSANTE through the Site, i.e. office seats, coffee tables, trays and accessories, without limiting this list.

« Site » : means the website accessible to the address https://www.mdcevennes.com/en/ and Edited by ERGOSANTE, whose publication director is Mr. Samuel Corgne, hosted by OVH, simplified stock company, registered in the register of trade and companies in Lille under number 424 761 419, whose head office is 2 rue Kellermann - 59100 Roubaix.

Part(s): means separately or jointly ERGOSANTE and the Customer.

ERGOSANTE: Anonymous company with board of directors, whose head office is located 28 Labahou Industrial Zone, 30140 Anduze, registered in the Register of Trade and Nîmes Societies under the number 790 648 851, represented by Mr. Samuel Corgne, whose VAT identification number is FR36790648851 and whose customer service is accessible by email to the address contact@ergosante.fr.

ARTICLE 2 – APPROVAL CHAMP OF GENERAL CONDITIONS

2.1 The Customer declares to proceed with the order of Product(s) for purposes falling within the scope of its professional activity and not acting as a consumer or non-professional within the meaning of the applicable regulations.

2.2 The General Conditions are designed to define the contractual framework for the purchase by the Customer of Products marketed by ERGOSANTE through the Site.

2.3 The General Conditions form the set of contractual stipulations governing, within this framework, the relationship between ERGOSANTE and the Customer who renounces the use of any other contrary document, including the General Conditions of Achat, which would be unopposable.

2.4 The purchases of Products made on the Website imply the full adherence of the Customer to the General Conditions of which he was freely aware of before his order. The fact for the Customer to check the box I acknowledge that I have read and accept the terms and conditions of sale» at the time of his order and the payment of the price of his order, constitutes an irrevocable acceptance, knowing that he acknowledges by this act having read and understood the General Conditions and accepting them. The General Conditions may be read directly on the Site and also be sent by ERGOSANTE by e-mail on request from the Customer.

2.5 The failure to exercise, at any time, a prerogative recognized by the General Conditions or not requiring the application of any of the provisions of the General Conditions shall not, in any case, be construed, or as an amendment to the General Conditions, or as an express or tacit waiver to the said prerogative and/or stipulation.

2.6 In the case that any of the stipulations of the General Conditions would be considered illegal or unopposable by a court decision, the other stipulations will remain in force.

2.7 The General Terms and Conditions may be subject to further modifications or modifications, the version of the General Terms and Conditions applicable to the Customer’s order is that in force on the Site on the date the Customer passes the order concerned.

ARTICLE 3 – PRODUCTS

3.1 ERGOSANT undertakes to sell products in conformity with the regulations and standards in force in the European Union at the time of sale, but does not guarantee such compliance with the regulations applicable to countries outside the European Union.

3.2 The essential characteristics of the Products are described on the Site with the greatest possible accuracy, including, through detailed descriptions, photographs and written and video usage records.

3.3 The Customer expressly declares (i) to have read this information before selecting the Selected Products and (ii) to have received ERGOSANT all information determinating its consent.

3.4 Products offers can be reached within the limits of available stocks. If not available, ERGOSANT undertakes to inform the Customer as soon as possible by email or by telephone. The Customer has the ability, in the event of unavailability of the product(s) ordered, to cancel or modify his order. In the event of an unavailability cancellation, the Customer will be reimbursed as soon as the cancellation request is received.

3.5 Attention, the Products are delivered to unmounted Customers, dependent on the Customers to mount them themselves according to the mounting indications.

3.6 Procurement of Products for resale is strictly prohibited.

3.7 To the extent that the Products incorporate spare parts indispensable for their use, the date on which these spare parts will be available will be the subject of information on the Site or on any other durable medium that finds or accompanying the sale.

ARTICLE 4 – PASSATION OF COMMANDS

4.1 In order to be able to place orders online on the Site, the Customer will be previously requested to create a customer account, and the Customer will undertake to provide accurate, up-to-date, complete and accurate data.

4.2 Access to the Client account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties in any way. The Customer is responsible for his password and orders placed from his account. If the Customer finds that his account is the subject of fraudulent use, the Customer must report it immediately to ERGOSANTE.

4.3 Any order on the Site requires the perfect completion of all the different stages proposed by the Site.

4.4 The order of Products and if any of Benefits will be permanently recorded only at the last validation of the Customer's summary screen of the order. This action is similar to the handwritten signature referred to in section 1367 of the Civil Code. From this action the order is considered irrevocable for the Customer.

4.5 For ERGOSANTE, la order is final only after sending the Customer confirmation of his acceptance by e-mail, which will be sent without delay and after receipt by ERGOSANTE of the entire price concerned. This confirmation e-mail summarizes all contractual information and includes the applicable General Terms and Conditions annexed in attachments to the PDF format. These documents may be retained, recorded and printed by the Customer. By keeping this e-mail and/or printing it, the Customer holds proof of the order, proof that ERGOSANTE recommends it to keep it.

ARTICLE 5 – PRICES, FACTURATION AND PAYMENT 

5.1 Access to the Site is via the Internet network. Access to the Internet network through a remote communication service is borne by the Customer.

5.2The Products and Benefits are provided at the current prices indicated on the Site when placing the order. These prices are indicated in euros and agree to no delivery costs that are at the expense of the Customer, ERGOSANTE reserves the right to change its prices at any time without notice.

5.3 Final prices take into account possible reductions that would be made by ERGOSANTE on the Site and possible promotional codes held and informed by the Customer.

5.4 Any product ordered by the Customer is charged by ERGOSANTE on the basis of the final price and the shipping costs indicated to the Customer, depending on the place of delivery, when the complete completion of the process of placing the order.

5.5 The payment of the order is cash and is made by bank cards (Map-Bleue, Visa, MasterCard), by bank transfer to the ERGOSANTE account, by PAYPAL or no administrative mandate.

5.6 The Customer is expressly informed that no order can be prepared or shipped, as long as its total price has not been fully received by ERGOSANTE. If the bank refuses, the order will be automatically cancelled.

5.7 ERGOSANTE reserves to refuse or cancel any order of a Customer located in a country in which ERGOSANTE cannot deliver the Products. ERGOSANTE also reserves the right to refuse or cancel any order of a Customer with whom a dispute concerning the payment of an earlier order exists.

5.8 In case of product(s) international order/sale/delivery, and except Incoterm expressly agreed between the Parties in writing, it is understood between the Parties that the sale will be subject to the Incoterm EX WORKS (EXW).

ARTICLE 6 – DELIVERY OF PRODUCTS

6.1 Products will be delivered to the Customer to the Customer only within the European Union by an independent carrier partner of ERGOSANTE to the delivery address indicated by the Customer upon order.

6.2 ERGOSANTE reserves the opportunity to deliver the products split and informs the Customer.

6.3 The delivery times of the Products indicated to the Customer by ERGOSANTE on the Site for each product category are purely indicative, on the understanding that the eventual non-compliance of these deadlines cannot therefore result in any penalty to be paid by ERGOSANTE and/or to be compensated by the Customer in any way, nor to any termination or cancellation of the order concerned.

ARTICLE 7 – RIGHT TO RETRACTATION

The Customer being a professional purchasing the Products and, where applicable, the Benefits via the Site for purposes falling within the scope of its professional activity, the Customer does not enjoy the right of withdrawal provided by the article L. 221-18 the Consumer Code, for the sole benefit of consumers within the meaning of the applicable regulations.

ARTICLE 8 – RESERVE OF PROPRIET

8.1 ERGOSANT TO CONSERVE THE PROPRIET OF JUSQU PRODUCTS TO THE COMPLETE PAYMENT OF THE PRICE OF THE CUSTOMER, TO BE FUNDRED AND ENGINED IN ANY PART OF THE TOTALITY.

8.2 STIPULATION CES DO NOT OBSTACLE IN TRANSFER OF RISKS ON PRODUCTS THAT PREVUTED BY ARTICLE 9 CI-DESSOUS.

ARTICLE 9 – TRANSFER OF RISKS

The risks of loss or deterioration of the Products and any damage that may result from them are transferred to the Customer when they are delivered to the Customer by the carrier.

ARTICLE 10 RECEPTION OF PRODUCTS AND CONFORMITY

10.1 It is the responsibility of the Customer to verify, upon receipt, the status, apparent defects, the quantity and the conformity of the Products to the corresponding order. Any customer’s claim in this capacity shall be made, barely devoid of any action relating to it, by any written means adapted within 48 hours of receipt of the Products:

-        In the event of a missing product, and subject to due verification and recognition by ERGOSANTE, ERGOSANTE will only have an obligation, to its free choice, excluding any damages or cancellation of the order concerned, (i) to ship to its costs the missing product(s) or (ii) to establish an asset for the amount concerned ;

-        In the case that Products would be non-compliant, and provided that this has been duly verified and found by ERGOSANTE after review of the returned Products, ERGOSANTE will only have an obligation to its free choice, excluding any damages or cancellation of the Order concerned (i) to replace non-compliant products with compliant products or (ii) to establish an asset for the amount concerned. In any event, any shipment by the Customer of so-called non-conformal products must be subject to prior agreement by ERGOSANTE, including on the basis of an analysis of the photographs of the Products concerned addressed by the Customer to ERGOSANTE.

10.2 It is understood that the costs and risks of returning non-compliant products will be borne by ERGOSANTE, as will the reshipment of the Products in accordance with the Customer.

ARTICLE 11 – LEGAL GUARANTEE ON PRODUCTS

In the event that the Customer is a professional of the same specialty as ERGOSANTE, he expressly waives the application of the warranty against hidden defects defined in articles 1641 et seq. of the Civil Code. In all other cases, the Products sold by ERGOSANTE benefit from the legal guarantee of hidden defects.

ARTICLE 12 LIMITATION OF RESPONSIBILITY OF ERGOSANTE

It was expressly agreed between the Parties that the liability of ERGOSANTE may not be incurred, inter alia, in the event (i) of the use of Products not in accordance with their destination and the rules of art (ii) of failure to comply with the legal/regulatory provisions (iii) of non-compliance with the recommendations of use of Products (iv) of non-compliance with the notices of use and (v) of non-compliance with exclusions of use.

ARTICLE 13 – INTELLECTUAL PROPERTY

13.1 The domain name of the Site, as well as all the elements and contents on the Site, are the exclusive property of ERGOSANT and are protected for the whole world under copyright and intellectual property rights. Their reproduction, even partial, is strictly forbidden. Any use or reproduction, even partial, of any of the elements of the Site within a third party site by means of so-called inclusion processes, frames (frames), inlining or any other similar process are formally prohibited.

13.2 With regard to the Products, their sale by ERGOSANTE to the Customer does not confer on the Customer any right to intellectual property, of any type (marks, drawings and models, patents, copyrights), relating to the Products, and in particular to the intellectual property of which ERGOSANTE is the holder, nor gives the Customer the right to register or use them for its own account.

ARTICLE 14 – PERSONAL RELATINGS / GDPR

14.1 Communication by the Customer to ERGOSANT, at the time of the creation of its Customer Account, the placing of orders via the Site and the registration of the commercial warranty, personal data (mobile phone number, fixed phone number, name and name, email address, postal address) is based on its consent, being specified that this collection is essential to the proper execution of orders/delivery of Products/the delivery of Benefits.

14.2 The only processing of these personal data will (i) the proper execution of orders/delivery of Products/Profits and (ii) the creation of a customer file for ERGOSANTE to be able to carry out the following operations: newsletter and e-mailing.

14.3 In accordance with Act No. 78-17 of 6 January 1978 and Regulation (EU) 2016/679 of 27 April 2016 (above and below the "GDP"), the persons concerned have the right to access, rectify, delete personal data concerning them and to define guidelines for the fate of their personal data after their death. They may also object, for legitimate reasons, to the processing of the data concerning them, to request a limitation of the processing and to request to exercise their right to the portability of their data. Customers concerned may exercise all or part of their rights by sending an email to this effect to the following email address: dpo@ergosante.fr.

14.4 The personal data collected will be retained by ERGOSANTE in the French only territory, exclusively for the purposes of the above-mentioned processing, for a period consistent with CNIL's regulations and recommendations. ERGOSANTE is prohibited from transmitting such personal data to any third party, with the exception of its carrier and agencies that are part of the ERGOSANTE group and only for the execution of the order. The persons concerned have the right to file a claim with the National Commission for Information and Freedoms (CNIL). In any event, it is understood that the requirement for the provision of the detailed personal data above is contractual, the sale and delivery of the Products that cannot be made in the event of non-communication of such data.

ARTICLE 15 – IMPREVISION AND FORCE

15.1 In the event of a change of circumstances unpredictable at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively expensive performance may request a renegotiation of the contract to its contracting partner.

15.2 Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

ARTICLE 16 – LANGUAGE, LAW AND LITIGES

16.1 The Terms & Conditions are written in French in their original version, which is believed and prevails over any other version.

16.2 French law will govern only the interpretation and/or execution of these General Conditions and the orders to which they apply.