GENERAL TERMS AND CONDITIONS OF SALE
These General Sales and Distribution Conditions apply to all Products, Software and/or Services purchased by the Distributor from CASH SYSTEMES INDUSTRIE, a simplified joint stock company, registered in the Fréjus Trade and Companies Register under number 387 768 658, having its registered office at Technoparc Epsilon, RD 100 in Saint Raphaël (83700); the Distributor being defined as a professional.
TERMS AND DEFINITIONS Products: Point of Sale Terminals (POS), Software packages, peripherals, other hardware. Point of Sale Terminals (POS): Cashiering system connected or not to the computer network of the point of sale. Software packages: Complete set of computer programs. Documentation: All CASH SYSTEMES INDUSTRIE documents intended for Distributors and their Customers, who use the Point of Sale Terminals as part of their professional activity. These are documents relating to the distribution and installation of the Products and Software packages, in particular technical documents for programming and configuring the Software packages, for setting the parameters of the Products, documents relating to the Software packages, versions and version updates, sales aids, pre-printed documents, information documents on the Legislation in force and on the voluntary standards of CASH SYSTEMES INDUSTRIE, in particular valid certification documents for compliance with the Legislation in force. Update: New version of the Software Package including modifications in the structure of the Software Package and/or new features and/or bug fixes. Services: Training, support, troubleshooting, return of Products and other materials, recovery of Software Package files and any other related services. Distributor: Retailer-reseller whose activity consists of purchasing Products and Software packages from CASH SYSTE MESINDUSTRIE and distributing them to the user customer. This activity covers the installation, programming and configuration of CASH SYSTE MES INDUST RIE's Products and Software packages, training, troubleshooting and management assistance for the User Client, in accordance with its corporate purpose. Client: Any professional, natural person or legal entity, using the Products and the Software Package functionalities for its internal management needs within the framework of its professional activity.
I. PURPOSE AND SCOPE
In accordance with Article L 441-6 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole basis of the commercial relationship between the parties and are systematically communicated to all Distributors and/or Customers, to enable them to place an order with CAS H SYSTE MES INDUST RIE. Any order implies the unreserved acceptance by the Distributor and/or Customer and its full and complete adherence to the present general terms and conditions of sale, which prevail over any other document of the Distributor and/or Customer, and in particular over any general terms and conditions of purchase, unless CASH SYSTEMS INDUSTRIE has given its express, prior and written consent. The fact that CASH SYSTEMS INDUSTRIE does not take advantage of any of the present general terms of sale at a given time cannot be interpreted as a waiver of the right to take advantage of any of the said terms at a later date. The parties fully adhere to the present general terms and conditions of sale, except for additional or derogatory provisions, previously and expressly accepted in writing by each party. The supply by CASH SYSTEMS INDUSTRIE includes, depending on the case, the sale of Products, the licence of Software packages, and/or the execution of Services.
II. ORDERS
An order is understood to be any order concerning the Products listed in CASH SYSTEMS INDUSTRIE's price list, and accepted by CASH SYSTEMS INDUSTRIE, accompanied by the payment of the deposit, if any, specified on the order form. Orders sent to CASH SYSTEMS INDUSTRIE are irrevocable for the Distributor and/or Customer, unless accepted in writing by CASH SYSTEMS INDUSTRIE. All orders are subject to acceptance by CASH SYSTEMS INDUSTRIE, which may modify certain terms and conditions as long as it obtains the tacit or express agreement of the Distributor and/or Customer. All orders must be in writing, by fax or email. Any cancellation, postponement or modification of an order must be expressly accepted by CASH SYSTEMS INDUSTRIE and the Distributor and/or Customer shall always bear the costs thereof. In case of modification of the order by the Distributor and/or Customer, CASH SYSTEMS INDUSTRIE shall be released from the agreed upon deadlines for its execution. Due to the rapid evolution of computer techniques, CASH SYSTEMS INDUSTRIE reserves the right to provide the Distributor and/or Customer with a supply that differs from the one ordered, as long as it does not lead to an alteration of the result initially planned.
III. DELIVERY
Terms and conditions. The goods are deemed to be delivered to the Distributor and/or Customer at the place of the registered office of CASH SYSTEMS INDUSTRIE. Delivery times. Delivery times are always indicative and depend on available stock. Delays in delivery may not give rise to any penalty or indemnity or withholding, nor may they give rise to the cancellation of the order. Deliveries may be made for all or part of an order. Risks. The transfer of risks on the Products sold by CASH SYSTEMS INDUSTRIE takes place when the Products are handed over to the carrier or when they leave our warehouses. It is the responsibility of the Distributor and/or Customer, in case of damage to the delivered goods or missing items, to make all necessary reservations with the carrier by registered mail with acknowledgement of receipt. Any Product that has not been the object of reservations by registered letter with acknowledgement of receipt within three (3) days of its receipt from the carrier, in accordance with Article L133-3 of the French Commercial Code, and of which a copy will have been sent to CASH SYSTEMES INDUSTRIE, will be considered as accepted by the Distributor and/or Customer. Receipt. Without prejudice to the above provisions to be taken by the Distributor and/or Customer with respect to the carrier as described herein, in the event of apparent defects or missing Products, any claim, whatever its nature, concerning the delivered Products will only be accepted by CASH SYSTEMES INDUSTRIE if it is made in writing, by registered letter with acknowledgement of receipt, within 3 days of its receipt from the carrier with a copy sent to CASH SYSTEMES INDUSTRIE as provided for above. It is the responsibility of the Distributor and/or Customer to provide all justifications as to the reality of the defects or missing Products noted. In all cases where no particular specification is proposed by the Distributor and/or Customer and accepted by CASH SYSTEMS INDUSTRIE, the characteristics of the Products sold shall be those set out in the manufacturers' specifications.
IV. RETURN
Any return of products from the Distributor and/or Customer must be subject to a formal written agreement from CASH SYSTEMS INDUSTRIE including an R.M.A. number. (Authorised Return Material) number. In the absence of this agreement, CASH SYSTEMS INDUSTRIE will refuse any receipt of incorrectly or uncoded returned Products. - All returns must include a photocopy of the invoice and a letter explaining the problem. - All returns must be made carriage paid and always at the expense of the Distributor and/or Customer. - The shipping costs and risks of return remain at the expense of the Distributor and/or Customer. CASH SYSTEMS INDUSTRIE therefore advises to insure shipments at the invoice value. Otherwise, the Products may remain at the disposal of the Distributor and/or Customer and CASH SYSTEMS INDUSTRIE shall not be held liable for this. The return must be made to CASH SYSTEMS INDUSTRIE in the original packaging and in good condition. The Products must not have suffered any deterioration for any reason whatsoever, in particular during storage, inspection, assembly, disassembly, etc. The Distributor and/or Customer must not have made any modifications to the Products. In the event of a return, CASH SYSTEMS INDUSTRIE may, at its discretion, either replace or credit the price of the defective Products. Credit notes are deducted from the statement of operations of the current month, even if they relate to invoices of the previous month. Any delay in payment will be dealt with by the legal department. Any partial delivery will be subject to a partial invoice.
V. PROVISION OF SERVICES
The Distributor and/or Customer provides and has installed the furniture suitable for receiving the Products and the cabling necessary for the interconnection of the Products, without any risk of disturbance or interference, as well as the 220 VAC, 50 Hz +T electrical outlets, in direct connection and without interruption after protection. This line is regulated, and the Earth is connected directly to the well. The Distributor and/or Customer guarantees in particular free access to CASH SYSTEMS INDUSTRIE during working hours and provides free of charge the elements necessary for tests, training, etc. Due to its specialisation, CASH SYSTEMS INDUSTRIE does not carry out any electrical work, cable routing, plumbing, masonry, drilling of walls, furniture, etc. Any prior installation (connection, interconnection, etc.), any commissioning, any training of personnel, any technical assistance, any advice, any repair, and more generally any service that would be carried out for the needs of the Distributor and/or Customer, will be invoiced by CASH SYSTEMES INDUSTRIE at the current rate.
VI. AWARDS
The current tariff may be revised at any time and without prior notice. Any change in the price list will automatically apply on the date indicated on the new price list. The price of the Products is that of the price list in force at the time the order is placed. The prices are net, the transport and packaging costs being borne by the Distributor and/or Customer. CASH SYSTEMS INDUSTRIE's written offers are valid for 30 days from the date of issue.
VII. PAYMENT CONDITIONS
CASH SYSTEMS INDUSTRIE's invoices are payable on the due date indicated therein. No discount for early payment is granted. The terms of payment are discretionarily granted and modified by CASH INDUSTRIAL SYSTEMS. Any amount including VAT not paid by the due date mentioned on the invoice shall automatically give rise to the payment by the Distributor and/or Customer of penalties at a rate fixed by law at three times the legal interest rate, in addition to collection costs. These penalties are payable by operation of law. This provision being formally and irrevocably agreed between the parties, no prior notice of default shall be required, in express derogation of Articles 1231 and 1231-6 of the Civil Code. In the event that CASH SYSTEMS INDUSTRIE grants a deferral of the due date, there shall be no novation of the debt. In the event of non-payment of a single term or a single bill of exchange on its due date, all sums owed by the Distributor shall become due and payable and shall only transfer ownership upon full payment of the invoices. In the event that CASH SYSTEMS INDUSTRIE is forced to demand payment of its invoices, even if only by registered letter, a minimum indemnity of 10% of the amount of the debt shall be due by the Distributor and/or Customer, as of the due date of the invoice, as an irreducible and fixed penalty clause. The Distributor and/or Customer in default of payment shall automatically owe CASH SYSTEMS INDUSTRIE, in addition to the penalties for late payment already provided for, a fixed indemnity for collection costs of 40 euros.
VIII. RETENTION OF TITLE
Subject to the provisions relating to Software Packages as specified below, the transfer of ownership of the Products is subject to full payment of the price of the Products by the Distributor and/or Customer, in principal, interest and accessories, even in the event of the granting of payment terms. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with Article L624-16 of the French Commercial Code. In this respect, the submission of a bill of exchange or any other instrument creating an obligation to pay does not constitute payment within the meaning of this provision. By express agreement, our company may exercise its rights under the present retention of title clause, for any of its claims, on all its Products in the possession of the Distributor and/or Customer, the latter being conventionally presumed to be those unpaid, and CASH SYSTEMES INDUSTRIE may take them back or claim them as compensation for all its unpaid invoices, without prejudice to its right to cancel the sales in progress. Despite the retention of title clause, the Distributor and/or Customer shall bear the immediate transfer of all risks that may arise from the time of taking possession of the Product(s). Thus the Distributor and/or Customer, even if he does not have immediate ownership of the Product(s), is responsible for the custody and preservation, i.e. the custody of the sold good is transferred as soon as it leaves the factory. Transport is therefore the responsibility of the Distributor and/or Customer. In particular, the Distributor and/or Customer is prohibited from disposing of the goods for resale or processing. In the event of non-payment, the Distributor and/or Customer shall not resell its stocks up to the amount of unpaid Products. It shall also bear the cost of insurance. Any seizure is impossible on Products that have not been paid in full. In the event of seizure of Products by third parties, the Distributor and/or Customer must immediately inform CASH SYSTEMS INDUSTRIE. In the event of opposition by the Distributor and/or Customer to the return of unpaid Products, a simple summary order shall be deemed to be the resolution of the sale and authorisation to take back the Products. Any advance payments made shall be retained by CASH SYSTEMS INDUSTRIE as damages.
IX. SOFTWARE
The Software packages designed by CASH SYSTEMES INDUSTRIE can be supplied in various forms (floppy disk, CD-ROM, USB key, PC loading, etc.). In return for payment of the sums due to CASH SYSTEMES INDUSTRIE, the latter grants a non-exclusive, non-transferable licence to use the Software packages within the limits described below. It is reminded that unless there is an express written agreement to transfer the corresponding rights, CASH SYSTEMS INDUSTRIE is and remains the owner of the Software packages that it develops, even if a program has been specifically adapted to meet the needs or particular requests of the Distributor and/or Customer. The licence granted by CASH SYSTEMES INDUSTRIE to the Distributor and/or Customer for the Software Package authorises the Distributor and/or Customer to use the Software Package as well as its related documentation, maintenance and update deliveries to which the Distributor and/or Customer is entitled, for the whole of France, for the legal duration of the copyright, for the sole purpose of its internal management, for approved users, as mentioned in the purchase orders, estimates and invoices issued between the parties. The Distributor and/or Customer shall refrain from infringing, directly or indirectly, the intellectual property rights attached to the latter. In this respect, the Distributor and/or Customer undertakes not to delete or alter the mentions relating to any copyright, patent or trademark appearing on the Software packages and any document of any kind on which these mentions appear. The Distributor acknowledges that the methodologies and techniques contained or expressed in the Software packages constitute exclusive information or trade secrets belonging to CASH SYSTEMES INDUSTRIE. The Distributor and/or Customer undertakes to treat them as confidential information and not to disclose them. The Distributor and/or Customer undertakes not to use CASH SYSTEMS INDUSTRIE's trademarks without the express prior written consent of CASH SYSTEMS INDUSTRIE and not to infringe CASH SYSTEMS INDUSTRIE's trademarks in any way whatsoever. The Distributor and/or Customer is reminded that no property right is transferred to him on the Software packages. The only right he enjoys is a right of use in accordance with the conditions of the present article. Apart from making a backup copy when this is necessary to preserve the use of the Software Package in question, the Distributor and/or Customer may not, without the express prior agreement of CASH SYSTEMES INDUSTRIE, reproduce the Software Package in whole or in part, modify it (except in the manner permitted and described in the documentation), adapt it, study it backwards, decompile it, disassemble it or translate it in any other way, use it for purposes and products other than those originally intended, use it to develop applications for use by or distribution to third parties, in whole or in part, as stand-alone products or components, rent the Software, grant sub-licences to use the Software or provide or offer to third parties any type of service relating to the Software. The Distributor and/or Customer undertakes to ensure that its Customer(s) comply with the terms and conditions of the Product licence as specified herein. The Distributor and/or Customer expressly acknowledges that it has an obligation to train and inform the Customer(s) during the entire period of use of the Software Package(s) in strict compliance with the law and the standards in force in the country of destination where the Software Package(s) are sold. The Distributor and/or Customer undertakes to respect and to ensure that its Customer(s) respect the normal conditions of use of the Software Package(s) and in strict compliance with the law. The Distributor and/or Customer is obliged to inform its Customer(s) of its responsibility for the regular and continuous backup of the data it processes or stores using the Software Package(s), and in particular that it is the Customer's responsibility to : make backups of its data at a regular rate adapted to its activity; carry out all useful security measures, check the content of the backups made at least once a week and carry out all useful and necessary diligence; use adequate backup media, in good condition and in particular free of dust; make a backup of all its data prior to any intervention and in particular the only authorized one, i.e. that of an authorized CASH SYSTEMES INDUSTRIE Distributor or CASH SYSTEMES INDUSTRIE. The Distributor and/or Customer must take all necessary measures to protect its information system and in particular with regard to protection against viruses, worms and other hostile intrusion processes. Any operations to restore or reconstitute lost or damaged data, programs or files are not covered by these general conditions. The Distributor and/or Customer acknowledges that any modification of the installation or its environment shall be made under its responsibility, unless CASH SYSTEMS INDUSTRIE carries out these modifications itself during an intervention billable at the rate in force on the date of its execution or expressly authorises them in writing and in advance. The Distributor and/or Customer is informed that legislative changes may, at any time, render the functionalities of the Software Packages unsuitable. CASH SYSTEMS INDUSTRIE, insofar as a Service commits it to do so and under the conditions stipulated therein, shall provide an update of the Software Package that complies with the new legal provisions, provided that such adaptations or developments do not make it necessary to rewrite a substantial part of the existing Software Packages. The Distributor and/or Customer is also informed that the evolution of technologies and customer demand may lead CASH SYSTEMES INDUSTRIE to carry out updates of the Software Package or involve updates of the Software Package. Consequently, all or part of the Distributor's and/or Customer's hardware, in its initial configuration, may not support an update of the Software packages. In such a case, CASH SYSTEMES INDUSTRIE shall not be held responsible. CASH SYSTEMS INDUSTRIE shall defend the Distributor and/or Customer against any claim by a third party that a Software Package delivered hereunder constitutes an infringement of a copyright protected in any country or of a patent issued in the United States, Japan or in a member state of the European Patent Organisation and shall pay all costs, damages and costs (including reasonable attorney's fees) that the Distributor and/or Customer has been ordered to pay by any court of competent jurisdiction having final jurisdiction or that have been the subject of a settlement agreement signed by CAS H SYSTEM INDUST RIE in respect of such claim, under the following cumulative conditions (i) that the Distributor and/or Customer informs CASH SYSTEMS INDUSTRIE in writing as soon as possible of any claim, (ii) that the Distributor and/or Customer authorizes CASH SYSTEMES INDUSTRIE to conduct the defence alone as well as any negotiations with a view to a settlement, and provides CASH SYSTEMES INDUSTRIE with its full cooperation to this end, and (iii) in the case of patent infringement, that the patent has been issued on the date of delivery to the buyer of the Software Package(s) concerned. If a claim is made or, according to CASH SYSTEMES INDUSTRIE, is likely to be made, CASH SYSTEMES INDUSTRIE may, at its own expense, either obtain for the Distributor and/or Customer the right to continue to use the Software Package, or modify it in such a way as to render it non-infringing, or replace it with another program having equivalent functionalities. If none of the above options is possible under conditions deemed reasonable by CASH SYSTEMS INDUSTRIE, CASH SYSTEMS INDUSTRIE shall either reimburse the Distributor and/or Customer or grant him a credit, at the Distributor's and/or Customer's choice, up to a sum equal to the corresponding licence fee paid, amortized on a straight-line basis over three (3) years, as soon as all copies of the Software Package(s) in question have been returned or destroyed, as certified by an officer of the Distributor and/or Customer. CASH SYSTEMS INDUSTRIE shall not be obliged to defend or indemnify the Distributor and/or Customer against any claim related to (i) any modification of the Software Package by anyone other than CASH SYSTEMS INDUSTRIE, (ii) the use of one or more Software Packages with other materials, data or programs not provided by CASH SYSTEMS INDUSTRIE or (iii) the use of other than the most recent corrective Software Packages provided by CASH SYSTEMES INDUSTRIE. This article defines the entire responsibility of CASH SYSTEMS INDUSTRIE and the sole recourse of the Distributor and/or Customer in the event of a claim based on the infringement of intellectual property rights on the Software packages and related to the present general conditions.
X. CONTRACTUAL GUARANTEE
Products other than Software Packages are guaranteed for 1 or 2 years, depending on the model. The warranty for each of them is indicated on the current price list. This guarantee relates exclusively to their correct operation from the date of delivery. CAS H SYSTEMES INDUSTRIE's sole obligation shall be to repair or replace the defective part subject to verification of the alleged defects. The Distributor and/or Customer shall return said Products to CASH SYSTEMS INDUSTRIE at its own expense. Failures due to normal wear and tear, external accidents, abnormal use, lack of maintenance, abnormal storage conditions, or unapproved intervention, are not guaranteed. With regard to the Software Package(s), CASH SYSTEMS INDUSTRIE guarantees for 90 days from delivery to the Distributor and/or Customer that the Software Package(s) will substantially comply with its/their Documentation, subject however to normal use of the Software Package(s) in the prescribed operating environment. If the Software Package(s) do not comply, CASH SYSTEMS INDUSTRIE shall endeavour to make them substantially compliant with the Documentation. To this end, CASH INDUSTRIAL SYSTEMS may ask the Distributor and/or Customer to install corrective software or an update. If, 60 days after the notification of non-conformity from the Distributor and/or Customer received during the 90-day warranty period, CASH INDUSTRIAL SYSTEMS has not provided a conforming Software Package, the Distributor and/or Customer's exclusive recourse shall be to install the Software Package, the Distributor's and/or Customer's exclusive remedy and CASH SYSTEMS INDUSTRIE's entire liability for any breach of such warranty shall be limited to the termination by the Distributor and/or Customer of the license to use the non-conforming Software Package within 30 days of the expiration of the said 60-day period and to the reimbursement of the fees it has paid for the said Software Package hereunder. To the fullest extent permitted by applicable law, the foregoing warranties are in lieu of or to the exclusion of all other warranties, representations and conditions with respect to the products or services, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. XI.LIMITATION OF LIABILITY CASH SYSTEMS INDUSTRIE shall in no case be held liable for any reason whatsoever for any indirect damage whatsoever and in particular for any commercial or financial damage, loss of profit, loss of data, loss of turnover or customers, loss of use of the Products that may be suffered by the Distributor and/or Customer as a result of the execution of the present General Sales Conditions. Likewise, CASH SYSTEMS INDUSTRIE shall not be liable for any third party claim against the Distributor and/or Customer. The total and cumulative liability of CASH SYSTEMS INDUSTRIE for direct damages resulting from the subject matter of the present general terms and conditions of sale shall not exceed the amount invoiced to the Distributor and/or Customer during the last twelve months preceding the occurrence of the event giving rise to the claim relating to the Product or Service that caused such damages. XII. RESOLUTION CLAUSE Any total or partial non-performance by the Distributor and/or Customer of one of its obligations fifteen (15) days after a formal notice by registered letter with acknowledgement of receipt has remained without effect, shall immediately and automatically lead to the cancellation or suspension of orders or contracts in progress or sales, at the initiative of CASH SYSTEMES INDUSTRIE. The present resolutory clause does not exclude the implementation of other rights of CASH SYSTEMS INDUSTRIE. XIII. SUPPORT Technical support. CASH SYSTEMS INDUSTRIE provides the Distributor and/or Customer with technical support, which includes the following services Assistance on all Products, Software and/or Services offered by CASH SYSTEMS INDUSTRIE, Installation assistance, Programming assistance, Training, Troubleshooting and Return of material. CASH SYSTEMES INDUSTRIE's technical support department can be reached by telephone on 0892.681.883 (0.40€ per minute + cost of a local call) from Monday to Thursday from 9:00 am to 5:30 pm (continuous service), on Fridays it closes at 5:00 pm, by e-mail at support@cashsystemes.eu and by mail at CSI - Technoparc Epsilon RD 100 - 83700 Saint Raphaël - France. Commercial support. The sales department of CASH SYSTEMES INDUSTRIE can be contacted by telephone on 04 98 11 45 90 from Monday to Friday from 9:00 am to 5:30 pm (continuous service), by e-mail at commercial@cashsystemes.eu and by mail at CSI - Technoparc Epsilon RD 100 - 83700 Saint Raphaël - France. Documentary support. CASH SYSTEMES INDUSTRIE provides the Distributor with a personalised access code to access the company's Extranet where all the Documentation relating to the installation of CASH SYSTEMES INDUSTRIE's Products and Software packages is listed and made available to the Customer. The company also sends the Distributor by e-mail the updates of the Documentation which are put online on the Extranet. The Distributor and the Customer also have available in the Point of Sale Terminals, which have the "Notice" file, the valid certification documents for compliance with the Legislation in force and the documents relating to the Software packages, versions and version updates of CASH SYSTEMES INDUSTRIE. The Distributor undertakes to comply with and to ensure that the user customers comply with all CASH SYSTEMES INDUSTRIE documentation, particularly during any installation of CASH SYSTEMES INDUSTRIE products and software packages. Training support. CASH SYSTEMS INDUSTRY offers the Distributor basic and additional training courses on the Products and Software packages. The purpose of the training courses is to train and maintain the level of skills of the Distributors' staff in relation to the installation and operation of the Products and Software Packages as a result of changes in the Products and Software Packages of CASH SYSTEMES INDUSTRIE. The Distributor undertakes to ensure that all of its employees undergo at least one training course per year, either basic or complementary according to the specific needs of the employees. The dates of training courses are proposed to the Distributor by means of newsletters sent by email. The Distributor can also fill in the training request form available on the extranet.
XIV. CONFIDENTIALITY
Both during the execution of the present contract and after its expiry for any reason whatsoever, the Distributor and/or Customer formally refrains from disclosing any information of any nature whatsoever, and in particular financial, commercial or technical information that it may have come to know about CASH SYSTEMES INDUSTRIE, its activities, its co-contractors as well as the results of work carried out within the framework of their business relations. The Distributor and/or Customer undertakes, with regard to its employees, to take all appropriate measures to meet its obligations concerning secrecy and, in particular, to include in the latter's employment contracts the same confidentiality clause as that to which it is bound.
XV. FORCE MAJEURE
Neither party shall be held responsible for failures to fulfil its contractual obligations resulting from causes beyond its control that are unforeseeable, irresistible and insurmountable, as defined in Article 1218 of the Civil Code, including but not limited to: fires, strikes, insurrections, riots, a state of war, violence, embargoes, forces of nature, orders or regulations issued by any military or civil authorities, and stoppage of means of transportation. As soon as one of the parties is aware of a case of force majeure preventing it from executing all or part of any of its obligations, it must immediately inform the other party by registered letter with acknowledgement of receipt.
XVI. APPLICABLE LAW and JURISDICTION
The present conditions are governed by French law. CASH SYSTEMES INDUSTRIE elects domicile at its registered office Technoparc Epsilon, RD 100, 83700 SAINT RAPHAEL. Any dispute concerning the application of the present general sales conditions, their interpretation, their execution and the sales contracts concluded by CASH SYSTEMES INDUSTRIE, or the payment of the price, will be brought before the Commercial Court of FRÉJUS, place of the registered office of CASH SYSTEMES INDUSTRIE, whatever the place of the order, of the delivery, of the payment and of the method of payment, and even in the event of appeal in guarantee or of plurality of defendants. However, the parties acknowledge and agree that when such a dispute has as its object a question relating to intellectual property, CASH SYSTEMS INDUSTRIE shall have the right to bring the matter before the competent French civil court under the terms of the Code of Civil Procedure.
XVII. PROTECTION OF PERSONAL DATA
Our company processes the following personal data: Last name, First name, Mobile phone number, Email address, Job title if applicable. The processing of personal data is based on the legitimate interest pursued by our company when it pursues the following purposes: canvassing, customer relationship management, organisation, registration and invitation to company events; the execution of pre-contractual measures or the contract when it implements processing for the purpose of: production, management, follow-up of its customers' files and collection; compliance with legal and regulatory obligations when our company implements processing for the purpose of: prevention of money laundering, invoicing and accounting. Our company only retains data for the period necessary for the operations for which they were collected and in compliance with the regulations in force. In this respect, the Distributor's and/or Client's data is kept for the duration of the contractual relationship without prejudice to retention obligations or limitation periods. As regards accounting, they are kept for 10 years from the end of the accounting period. The data processed is intended for the authorised employees of our company as well as for its service providers and the tax and/or administrative authorities, where applicable. In accordance with Law n°78-17 of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union of 27 April 2016, individuals have the right to access, rectify, question, limit, portability and erase data concerning them. Data subjects also have the right to object at any time, on grounds relating to their particular situation, to the processing of personal data based on the legitimate interests of the company, as well as the right to object to commercial prospecting. They also have the right to define general and specific directives defining the way in which they intend to exercise the above-mentioned rights after their death. CASH SYSTEMES INDUSTRIE provides the following email address to the natural persons concerned: rgpd@ cashsystemes.eu so that they can exercise their rights. Any request sent to this email address must be precise as to the request concerned, the personal data concerned and be accompanied by a photocopy of a signed identity document.
Version updated on 20 June 2019
