Terms of sale

GENERAL TERMS OF SALES OF THE WEBSITE SOENEN-INDUSTRIE.COM

applicable from 06/09/2022

ARTICLE 1. PARTIES

These general conditions are applicabthe betweon Soenen industrie, SARL, capital social : 50 000 €, registered in the RCS of DUNKERQUE, France le 04/21/2022, under the number 912 680 758, the head office : 89 Route de Saint-Omer, La Clé des Champs, 59173 Renescure, FR, phone : +33687771519, email : contact@soenen-industrie.com, Intra-community VAT number : FR06912680758, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".

ARTICLE 2. DEFINITIONS
"Customer": any individual or legal entity, under private or public law, registered on the Site.

"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. 

"Publisher": Soenen Industrie, SARL, in its capacity as publisher of the Site.

"Internet User": any individual or legal entity, under private or public law, connecting to the Site.

"Product": goods of any kind sold by the Publisher to Customers.

"Site": Internet site accessible at the URL soenen-industrie.com, as well as sub-sites, mirror sites, portals and URL variations relating thereto.

ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, implies full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

By the same token, the Internet user acknowledges that he/she is fully aware of these terms and accepts them without restriction.

Checking the aforementioned box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of the Publisher's automatic recording systems as proof and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.

The present general terms and conditions are applicable to relations between the parties to the exclusion of all other conditions, in particular those of the Internet user. 

Acceptance of these terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapacitated, or of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE
The Site is a showcase site. It presents the products sold by Soenen Industrie. It is not possible to place an order directly on the website.

ARTICLE 5. ORDERING PROCESS
5.1. Order
For information concerning product prices, or to place an order, please contact Soenen Industrie by e-mail at contact@soenen-industrie.com.

ARTICLE 6. PRICES - PAYMENT
6.1. Prices
For information concerning product prices, or to place an order, please contact Soenen Industrie by e-mail at contact@soenen-industrie.com.

Prices communicated by e-mail may be modified at any time by the Publisher.

6.2. Payment methods
The Customer may pay by cheque or bank transfer.

In the case of payment by cheque or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher.

6.3. Invoicing
The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default of payment
Agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

Any sum not paid on the due date will give rise, ipso jure and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payability of the sums due in principal.

In addition, any delay in payment will result in the invoicing to the defaulting Customer of collection costs amounting to 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by an indemnity of 20% of the amount by way of penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This clause falls within the scope of the provisions of article 1152 of the French Civil Code, which allows the judge to reduce the indemnity if the judge deems it to be excessive.

6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present retention of title clause.

ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is available Monday to Friday from 08:00 to 18:00 on the following toll-free telephone number: 0687771519, by e-mail to: contact@soenen-industrie.com or by post to the address indicated in article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to provide a response within 1 working day.

ARTICLE 8. PERSONAL AREA
8.1. Creation of a personal space
The creation of a personal space is not a prerequisite for browsing the Site.

When creating a personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher may not be held responsible for unauthorized access to an Internet user's personal space.

The Customer undertakes to regularly check the data concerning him or her and to make any necessary updates and modifications online from his or her personal space.

8.2. Content of the personal area
Pages relating to personal areas may be freely printed out by the account holder in question, but in no way constitute evidence admissible in a court of law. They are for information purposes only.

The Publisher undertakes to keep securely all contractual elements whose retention is required by the law or regulations in force.

8.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Customer who contravenes the present terms and conditions, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, or where the Customer's personal space has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or damage to the excluded Customer, who shall not be entitled to claim any compensation as a result.

This exclusion is without prejudice to the Publisher's right to take legal action against the Customer, where the facts justify such action.

ARTICLE 9. PERSONAL DATA
In the course of providing its services, the Publisher may be required to process the personal data of its Customers.

9.1 Identity of the data controller
The Editor is responsible for the collection and processing of data on the Site.

9.2 Identity of the Data Protection Officer
The data protection delegate is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site.

9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relations, the Publisher may collect and process information from its Customers, namely : Email, Name and surname, Telephone, Address, state, province, zip code, city, Bank details, Contract history.

9.3.2. Data collected from customers
Data collected during the contractual relationship is subject to automated processing for the purpose of :

Initiate legal proceedings;
Verify the identity of customers;
9.3.3. Legal basis for processing
The legal basis for the data collected is the contractual relationship.

9.3.4. Recipients of data
The data collected may only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments.

This data, whether in individual or aggregated form, is never made freely viewable by a third party.

9.3.5. Retention period for personal data
The personal data collected is kept for the duration of the contractual relationship, and for the period during which the Publisher may be held liable.

Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.

9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and national legislation in force.

Access to the Publisher's premises is also secure.

9.3.7. Data minimization
The Publisher may also collect and process any data voluntarily submitted by its Customers.

The Publisher instructs its Customers to provide personal data that is strictly necessary for the performance of their contractual obligations.

The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.

9.4. Respect for rights
The Publisher's customers have the following rights concerning their personal data, which they may exercise by writing to the Publisher's postal address or by completing the online contact form.

9.4.1. Right to information, access and communication of data
The Publisher's customers have the right to access their personal data.

In view of the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a request in writing), both accompanied by the words "I certify on my honour that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.

To assist them in their request, Customers will find here a model letter drawn up by the Cnil.

9.4.2. Right to rectify, delete and forget data
The Publisher's customers may request the rectification, updating, blocking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.

The Publisher's customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their loved one be taken into consideration and/or that the necessary updates be made.

To assist them in this process, Customers will find here a model letter drawn up by the Cnil.

9.4.3. Right to object to data processing
The Publisher's customers may object to the processing of their personal data.

To assist them in this process, customers will find here a model letter drawn up by the Cnil.

9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

9.4.5. Right to limit processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. In this way, their data may only be stored and no longer used by the Publisher.

9.4.6. Response times
The Publisher undertakes to reply to any request for access, rectification or opposition, or any other request for additional information, within a reasonable period of time, which may not exceed 1 month from receipt of the request.

9.4.7. Complaints to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations with regard to their personal data, they may lodge a complaint or request with the competent authority. In France, the competent authority is the Cnil, to which they can send a request here.

9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of Customer data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate guarantees and comply with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.

The Publisher uses the services of the following subcontractors: Google Analytics, Gmail, Google Agenda, Facebook Analytics, Facebook Ads Manager, Facebook, LinkedIn.

9.5.2. Transfer by requisition or court order
Customers also consent to the Publisher disclosing the data collected to any person, upon requisition by a state authority or court order.

9.5.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transferred by the Publisher to that company and to that company carrying out the personal data processing operations referred to in these General Terms of Service in place of the Publisher.

ARTICLE 10. THE PUBLISHER'S LIABILITY
10.1. Nature of the Publisher's obligations
The Publisher undertakes to use all reasonable care and diligence to supply Products of the quality specified in these General Terms and Conditions. The Publisher's obligation is limited to the provision of the services described herein.

10.2. Force majeure - Customer's fault
The Publisher shall not be held liable in the event of force majeure or fault on the part of the Customer, as defined in the present article:

10.2.1. Force majeure
For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, transmission network failure, collapse of installations, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, computer hacking, security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.

10.2.2. Customer fault
For the purposes of the present General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or its agents, failure to follow the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer's personal space, shall be deemed to be a fault on the part of the Customer. The use of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of the present general terms and conditions of sale, will also be considered a fault on the part of the Customer.

10.3 Technical problems - Hypertext links
Should access to the Site be impossible due to technical problems of any kind, the Customer shall not be entitled to claim any damages or compensation. The unavailability of one or more online services, even if prolonged and without any time limit, shall not constitute a prejudice for Customers and shall not in any way give rise to the awarding of damages by the Publisher.

Hypertext links on the Site may lead to other websites. The Editor cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the Editor cannot be held liable if the Internet user's visit to one of these sites causes him/her harm.

In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of color or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. Such variations and differences may not under any circumstances be attributed to the Publisher, which may not be held liable in any way whatsoever.

10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain prejudice suffered by the Customer and linked to the failure in question. Under no circumstances may the Publisher be held liable for indirect damage such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances, loss of profits or customers. Likewise and within the same limits, the amount of damages and interest for which the Publisher is liable may not in any event exceed the price of the Product ordered.

10.5. Hypertext links and Site content
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. Under no circumstances may the Publisher be held liable for any omission, inaccuracy or error contained in this information, which may be the cause of direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
The Site Content may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for counterfeiting.

11.2. Contractual protection of Site Content
The Internet user contractually undertakes not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not it is protected by an intellectual property right, for any purpose other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site Content for indexing purposes.

ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable law
These terms and conditions are governed by French law.

12.2 Modifications to these terms and conditions
The present terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the Site, and any new connection to the personal area implies acceptance of the new general terms and conditions. 

12.3. Disputes
Pursuant to order no. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no prior amicable solution has been found between the parties must be submitted.

In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show 

Since January 1, 2016, mediation has been mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in the event of a dispute, and this regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Mr. TYTGAT / Mr. TYTGAT

12.4 Entirety
The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.

12.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.

12.6. Telephone canvassing
The Customer is hereby informed that he has the option of registering on the opposition to telephone canvassing list at http://www.bloctel.gouv.fr/.

12.7. Languages of these general terms and conditions
These general terms and conditions are available in French.

12.8. Abusive clauses
The provisions of the present terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.