Terms of Sales
IBSCGmedical SARL, with a capital of 7,000 euros, whose registered office is in PARIS (75008) 37 rue des Mathurins, registered in the PARIS trade and companies register under number 789 196 417 (hereinafter the “Company ”).
The Company offers the following services:
- Services in Computer & Medical Engineering – / Import-Export,
- Assistance to Project Ownership and drafting of specifications during the construction of an establishment, laboratory etc.
- Advice and support for the acquisition of medical equipment and devices.
- Sale of Equipment and Medical Devices (DM and DMS),
- Design and supply of Turnkey Cabinets equipment,
- Project management during the establishment of a Cabinet, Turnkey Laboratory etc, ..
- After-sales service, Support and Maintenance of medical equipment.
- Getting started and transferring skills.
- User training and change support.
- Customization of IRT * Infrastructures adapted to customer needs.
- Installation and Maintenance of IT and Digital Infrastructures, HIS (Hospital Information Systems).
- Development of web oriented applications.
- Development of software solutions for traceability and management of laboratories, clinics and medical offices.
- Training and handling, skills transfer.
- Hosting on dedicated servers for applications, Internet, Intranet and Extranet sites (Creation of domain names, pop accounts, dedicated storage spaces).
- All commercial transactions that may relate to the corporate purpose of IBSCGmedical.
The Company invites its Users to carefully read these General Conditions of Sale and Use (hereinafter the “GTC / GCU”). The GCS/GCU apply to all Services provided by the Company to its Customers in the same category, regardless of the clauses that may be included in the Customer’s documents and in particular its general purchasing conditions.
The T & Cs are systematically communicated to the Customer who requests them.
The Customer is required to read the GCS/GCU before placing an Order.
In the event of a subsequent modification of the GCS/GCU, the Customer is subject to the version in force at the time of his Order.
The data recorded in the Company’s computer system constitutes proof of the transactions concluded with the Client.
“Customer” means any natural or legal person who places an Order on this Website;
“Order” means any order placed by the User registered on this Site, in order to benefit from the Company’s Services;
“General Conditions of Sale and Use” or “GTC / GCU” designate these general conditions of sale and use online;
“Consumer” means the purchaser who is a natural person who is not acting for professional needs and / or outside his professional activity;
“Professional” means the buyer, a legal or natural person who acts within the framework of his professional activity;
“Services” means all the services offered to Users by the Company through this Site;
“Site” means this Site, ie https://ibscgmedical.net;
“Company” means the IBSCGmedical Company, more fully designated in Article I hereof; and
“User” means any person who makes use of the Site.
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personalities and legal capacities.
Use of the Services offered on the Site is conditional on the User’s registration on the Site. Registration is free.
To register, the User must complete all the mandatory fields, without which the service cannot be delivered. Otherwise, registration cannot be completed.
The Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is exact and conforms to reality. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered User has a username and password. These are strictly personal and confidential and should under no circumstances be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his username and password.
The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, they should contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal or natural person, can only hold an account on the Site.In the event of non-compliance with the GCS/GCU, 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 the accounts created by the ‘Registered user offender.
The deletion of the account entails the definitive loss of all the advantages and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the GCS/GCU, the offending User is formally prohibited from re-registering on the Site directly, through another email address. or by an intermediary without the express authorization of the Company.
SERVICES AND PRICES
The Services that are the subject of the GCS/GCU are those which appear on the Site and which are offered directly by the Company or its partner service providers.
The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company cannot be held responsible for the impossibility of performing said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros excluding taxes (HT) and takes into account the applicable reductions in force on the day. of the order. The price indicated does not include incidental costs which will be indicated, if applicable, in the summary before placing an order.
The Company reserves the right to modify its prices at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price cannot be known a priori or indicated with certainty, a detailed estimate will be sent to the Customer.
Under no circumstances may a User require the application of reductions no longer in effect on the day of the Order.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Services to his virtual shopping cart. He can access the summary of his virtual basket in order to confirm the Services he wishes to order and place his Order by pressing the “Order” button.
He must then enter his address, the delivery method as well as a valid payment method in order to finalize the order and effectively form the sales contract between him and the Company.
The registration of an Order on the Site is carried out when the Customer accepts the GTC / GTCU by checking the box provided for this purpose and validates his Order. This validation constitutes proof of the sales contract. The finalization of the Order implies acceptance of the prices and terms of performance of the services as indicated on the Site.
Once his Order has been placed, the Customer will receive confirmation by email. This confirmation will provide a summary of the Order and information relating to the performance of the service (s).
In the event of non-payment, incorrect Customer address or other problem on the Customer’s account, the Company reserves the right to block the Customer’s order until the problem is resolved. If it is impossible to perform the service, the Customer will be informed by e-mail to the address provided to the Company. The cancellation of the order for this service and its reimbursement will in this case be made, the rest of the order remaining firm and final.
In the event of cancellation of an Order accepted by the Company less than 2 days before the scheduled date of provision of the Service for reasons other than a case of force majeure, the Company reserves the right to retain 10% of the amount excluding tax. of the Order for damages in compensation for the loss suffered.
The Company may allow the Customer to benefit from price reductions, discounts and rebates depending on the number of Services ordered or depending on the regularity of the Orders, under the conditions set by the Company.
TERMS AND CONDITIONS OF PAYMENT
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by:
- Bank transfer
- Bank card
In the event of total or partial non-payment of the services on the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty, the rate of which is equal to the rate applied by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent on the date of the Order for the Services.
In addition to late payment, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum indemnity of 40 euros due for recovery costs.
In the event of total or partial non-payment of the services on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty, the rate of which is equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in providing the services ordered and sums owed by the Customer to the Company for the purchase of Services offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount, all taxes included, of the remaining sum due, and runs from the due date of the price without any prior notice being necessary.
In the event of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.
ACHIEVEMENTS OF SERVICES
The provision of services ordered on the Site will be provided by IBSCGmedical and also the partner companies.
The Companies undertake to use all human and material resources to perform the service within the deadlines announced when placing the Order. However, it can in no way be held responsible for delays in the performance of services caused by faults which are not attributable to it.
If the services have not been carried out within the prescribed period, the cancellation of the sale may be requested by the Customer under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Customer will be returned to him at the latest within fourteen days following the date of termination of the contract.
This provision does not apply when the delay of the Company is due to a fault of the Customer or a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the control of the Society.
In the event that the performance of a physical service could not have been carried out or would have been postponed due to an error in the address indicated by the Customer, the travel costs of the service provider appointed by the Company to carry out the unsuccessful service will be the responsibility of the Customer.
For all Orders made on this Site, the Customer has a right of complaint of 20 from the provision of the Service.
To exercise this right of complaint, the Customer must send to the Company, at the address direction.mc (at) ibscgmedical.net, a declaration in which he expresses his reservations and complaints, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above cannot be accepted.
After examining the complaint, the Site may, if necessary, replace or reimburse the provision of Services as soon as possible and at its expense.
CONSUMER RIGHT OF WITHDRAWAL
The Consumer has a right of withdrawal of 14 from the placing of the Order, except for the products mentioned in article L221-28 of the Consumer Code as reproduced below:
“The right of withdrawal cannot be exercised for contracts:
1 ° The provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
2 ° The supply of goods or services, the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3 ° The supply of goods made to the consumer’s specifications or clearly personalized;
4 ° The supply of goods liable to deteriorate or expire rapidly;5 ° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6 ° The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8 ° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9 ° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10 ° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11 ° Concluded at a public auction;
12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
13 ° The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.”
To exercise this right of withdrawal, the Consumer sends a declaration to the address: direction.mc (at) ibscgmedical.net.
He will be reimbursed for all costs paid for the provision of services within 14 days of the Company becoming aware of its declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
However, if the provision of services has already started on the date on which the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the reimbursement. The latter will be operated by the same means of payment as for the purchase.
PROCESSING OF PERSONAL DATA
Registration on the Site entails the processing of the Customer’s personal data. If the Customer 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 Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right to query, access, rectify, modify and oppose all of his personal data by writing, by post and providing proof of identity, to the following address: support.technique (at) ibscgmedical.net.
This personal data is necessary for the processing of his Order and the establishment of his invoices if applicable, as well as the improvement of the functionalities of the Site.
SHARING OF COLLECTED DATA
The Site may use 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 allow 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 processing this data.
In addition, the User may therefore be required to 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 in the e-mails received.
In addition, Customer information may be transmitted to third parties without their prior express consent in order to achieve the following goals:
- Respect the law
- Protect anyone from serious bodily harm or death
- Fight against fraud or attacks on the Company or its users
- Protect the Company’s property rights.
The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a so-called “cookie” file on the user’s hard drive.
The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him from using certain services or features of the Site, this malfunction can in no way constitute damage to the member who cannot claim any compensation for this fact.
The Company reserves the right to modify the Site, the services offered there, the GCS/GCU as well as any delivery procedure or other component of the services provided by the Company through the Site.
When placing an Order, the User is subject to the stipulations set out by the T & Cs in force when placing the Order.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it does everything in its power to ensure the service at all times, it is possible that it is interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company can in no way be held responsible for delays in providing a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or whose fault is not may be attributable to him.
The brand, logo and graphic charter of this Site are trademarks registered with the INPI and works protected by intellectual property, the property of which belongs exclusively to the Company. Any distribution, use, representation, reproduction, whether partial or complete without the express authorization of said company, will expose the offender to civil and criminal proceedings.
The law governing the GCS/GCU is French law. Any dispute that may arise between the Company and a User during the execution hereof will be the subject of an attempt to resolve it amicably. Otherwise, disputes will be brought to the attention of the competent courts of common law.
The Customer is informed that he can resort to conventional mediation, with the Consumer Mediation Commission provided for in article L534-7 of the Consumer Code or with existing sectoral mediation bodies. He may also resort to any alternative dispute resolution method in the event of a dispute.
Prior to his Order, the Customer acknowledges having received, in a readable and understandable manner, the GCS / GCU and the information and information provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular:
- The essential characteristics of the Services;
- The price of the Services;
- The date or the deadline on which the Company undertakes to provide the Service;
- Information relating to the identity of the Company (postal, telephone, electronic contact details);
- Information relating to legal and contractual guarantees and their implementation methods;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Information relating to the right of withdrawal (time limit, modalities of exercise).
Placing an Order on the Site implies acceptance and acceptance of the GCS / GCU. The Customer may not rely on a contradictory document.
* MD: medical devices, * DMS: sterile medical devices, * CGV: General Conditions of Sale