These Terms and Conditions of Sale are up to date as of 16 November 2021.
- SCOPE OF APPLICATION OF THE TERMS AND CONDITIONS OF SALE
1.1. These Terms and Conditions of Sale (hereafter the “TCS” or the “Contract”) are established between EBMA (European Bio Immune(G)ene Medicine Association), an association governed by local law whose head office is located at 29, rue Charles Sandherr in 68000 Colmar (hereafter the “Association“) and the customer (hereafter the “Customer“).
The Customer and the Association are designated individually as a “Party” and collectively as the “Parties”.
1.2. The Association is the owner and publisher of the website accessible at the URL http://www.ebma-europe.com/ (hereafter the “Site”).
The Site is hosted by OVH – 2 rue Kellermann – 59100 Roubaix, www.ovh.com.
1.3. The director of publication is Dr. Gilbert GLADY.
1.4. The Association offers the Customer the possibility of purchasing online training and education services in the field of health that will promotethe development of biomedical techniques for prevention, diagnostic assistance and therapeutic monitoring within the framework of Immuno(G)enetic Bio-Medicine (the “Services”).
1.5. Before using the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order the Services on the Site, and that his browser permits secure access to the Site.
The Customer must also ensure that the IT configuration of his hardware/equipment is in good condition and does not contain viruses.
1.6. The Services offered by the Association are intended only for informed health professionals.
- APPLICATION AND ENFORCEABILITY OF THE TCS
2.1. The purpose of these TCS is to define all the conditions under which the Association commercialises the Services as offered for sale to Customers. They therefore apply to any Order (hereafter the “Order”) for Services placed by the Customer.
2.2. The Customer declares to have read and accepted these TCS before placing his Order.
2.3. Therefore, Validation of the Order implies acceptance of these TCS. They are regularly updated and the applicable TCS are those in effect on the date of Order placement.
2.4. Any contrary condition presented by the Customer would, therefore, in the absence of express acceptance, be unenforceable against the Association regardless of when it may have been brought to its attention.
2.5. The fact that the Association does not avail itself at a given time of any one of the provisions of these TCS cannot be interpreted as renunciation of its right to avail itself of said provisions of the TCS at a later time.
- ORDERING SERVICES ON THE SITE
3.1. The Services offered for sale are described and presented with the greatest possible accuracy.
3.2. The Association reserves the right to correct the content of the Site at any time.
3.3. The Customer selects the Service(s) he wishes to purchase and can access the summary of his Order at any time.
3.4. The Order summary presents the list of Service(s) that the Customer has selected and includes any additional costs such as the delivery price added to the price of the Service(s) of the Order. The Customer has the option of modifying his Order and correcting any errors before acceptance of his Order.
3.5. After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the TCS, and then clicking on the Order validation icon. The words “Order with payment obligation” or a similar unambiguous expression appears next to the Order validation icon in order to ensure that the Customer explicitly recognizes his obligation to pay for the Order.
3.6. After acceptance of the TCS and validation of the Order with payment obligation, the contract is validly established between the Association and the Customer and binds them irrevocably.
- COLLABORATION OF THE PARTIES
4.1. The Customer agrees to accept any discussion with the Association when the latter considers that an exchange is necessary for compliant performance of the services covered by the Contract.
In general, the Customer agrees to collaborate fully with the Association in order to place it in the best possible conditions to perform the services.
In this regard, the Customer thus acknowledges that his involvement and collaboration are necessary to ensure proper performance of the Contract by the Association.
4.2. The Parties agree to cooperate in order to ensure proper execution of this Contract and, in particular, to communicate to each other any details, information, username, password or document useful for proper execution of the Contract by the Association. The preceding elements must be provided as soon as possible upon request.
4.3. In the event of occurrence of an event likely to delay performance of the service, the Party concerned by the event must notify the other Party without delay by any means of communication appropriate for the urgency of the situation and by registered letter with acknowledgment of receipt.
4.4. The Customer may not blame the Association for a delay in performance of the service if he delays or refuses to provide it with information essential to performance of the services.
- OBLIGATIONS OF THE CLIENT
5.1. Given the nature of the Services sold and offered by the Association, the Customer acknowledges and accepts that he is bound by an obligation of cooperation with the Association.
As such, the Customer acknowledges that he is subject to an obligation of results with regard to the requests sent to him by the Association for the purposes of permitting it to perform the services ordered by the Customer. The Customer’s collaboration with the Association is, thus, decisive for proper performance of the services.
5.2. In addition, the Customer must communicate and provide the Association with any information likely to permit proper performance of the services, in order to enable it to understand its needs and requests.
5.3. The Customer will also make any material or element available that will allow the Association to fulfil its obligations.
5.4. In addition to the aforementioned obligations, the Customer also agrees to pay the agreed price by the stated deadline.
- AVAILABILITY OF THE SERVICES
6.1. The Association agrees to make the Services available once the online payment has been validated by the Association.
6.2. The Association agrees to inform the Customer about the occurrence of any event likely to have a negative impact on the timeframe for making the Services available.
6.3. Notwithstanding the foregoing, the Association cannot be required to respect any timetable, if applicable, upon occurrence of an event of force majeure according to the definition accepted under case law and by article 1218 of the Civil Code, and which renders it impossible to respect time frames.
6.4. In addition, the Customer acknowledges and accepts that the time frame mentioned by the Association can only be met in the event of non-performance of the Customer’s obligations and, in particular, the obligations concerning cooperation and collaboration between the Parties.
- PRICES AND TERMS OF PAYMENT OF THE ORDER
7.1. The prices are mentioned on the Site in the descriptions of the Services, in euros and excluding tax and all taxes included.
7.2. The total amount is indicated in the Order summary before the Customer accepts these TCS and validates his Order. This total amount is indicated in euros all taxes included.
7.3. The Order for Services is payable in euros. The terms of payment will be specified by the Association on the Site, particularly in the event of payment in several instalments.
7.4. The Association reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature or degree of completion, in the event of payment default or partial payment of any sum which could be owed by the Customer to the Association, in case of a payment incident for an Order, being specified that the Customer remains liable for his payment obligation until full payment of the price, without prejudice to any collection procedure the Association could initiate for this purpose and claims for damages.
7.5. It is specified that the Association remains the owner of the content of the Services until full payment of the price by the Customer, even in the event of payment in several instalments.
- RIGHT OF RETRACTION
Pursuant to article L.221-28 of the Consumer Code, the Customer acknowledges that he does not benefit from a right of retraction concerning the Order in the case of Services consisting in the supply of digital content not provided on a physical medium, for which execution has started after the express prior consent of the consumer and express waiver of his right of retraction.
Thus, acceptance of these TCS constitutes the Customer’s prior consent to waive the right of retraction.
In this context, the Customer must return the Services to the Association within fourteen days of its decision. The expenses for return are the responsibility of the Customer.
- CUSTOMER SERVICE
9.1. For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Association’s customer service staff, so that it can attempt to find a solution to the problem.
9.2. The Association’s customer service staff is accessible during normal office hours using the following contact details:
- Telephone: +33 (0)6 35 56 21 48
- email: firstname.lastname@example.org
- postal mail: 29 Rue Charles Sandherr 68000 COLMAR
- LEGAL AND COMMERCIAL GUARANTEES
All the services and Services offered by the Association are subject to the legal guarantee of conformity provided for by law, and, in particular, articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and the guarantee against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: “The seller is required to deliver a product that conforms to the contract and to answer for any absence of conformity which exists upon delivery of the product.
It must also answer for any lack of conformity resulting from the packaging, assembly instructions or installation, when this has been placed under its responsibility by the contract or been carried out under its responsibility.”
Article L.217-5 of the Consumer Code: “The goods are in compliance with the contract:
1° If they are fit to be used for the function for which they are usually intended and, if necessary:
– if they correspond to the description provided by the seller and have the qualities that it presented to the buyer in the form of a sample or model;
– if they present the qualities that a buyer may legitimately expect given the public declarations made by the seller, by the producer or by its representative, notably in the advertising or on the label;
2° Or if they present characteristics defined by common accord by the parties or are adequate for a special use sought by the buyer, expressed clearly to the seller and accepted by the seller.”
Article L.217-12 of the Consumer Code: The action resulting from the breach in conformity expires two years starting from the date that the product was delivered.”
Article 1641 of the Civil Code: “The seller is obligated to honour the guarantee in the case of hidden defects in the goods sold which render it incapable of being used for its intended purpose, or which significantly diminish its capacity to be used in this manner, such that the buyer would not have acquired the property, or would have only offered a lower price, had it been aware of the defects.”
Article 1648 of the Civil Code, first paragraph: “The action resulting from unacceptable defects must be filed within the two years following discovery of the defect.
It is specified for all practical purposes that the Association cannot be held responsible for any malfunction of the Services or services related to the use of third-party tools and software over which it has no control.
11.1. It is recalled that the Association does not provide any scientific advice and is not assimilated to a medical education establishment of any kind.
11.2. In addition, the Association implements all appropriate measures to ensure that the Services are provided to the Customer under optimal conditions. However, it cannot under any circumstances be held liable for non-performance or improper performance of all or part of the services provided for in the Contract, which could be attributable to either the Customer, to an unforeseeable and insurmountable act of a third party foreign to the contract, or to a case of force majeure. In general, if the liability of the Association were engaged, under no circumstances could it agree to compensate the Customer for indirect losses or those whose existence and/or quantum cannot be established by evidence.
11.3. It is expressly stipulated that the Association cannot under any circumstances be held responsible in any way whatsoever in a case where the computer equipment or electronic mail of Customers rejects, for example because of spam blockers, e-mails sent by the Association and, in particular, without this list being exhaustive, a copy of the payment receipt, the summary of the Order or even the shipment tracking e-mail.
11.4. In addition, the Association cannot be held responsible for any failure concerning hosting of the Services purchased by the Customer and which may be related to technical faults that are not under the control of the Association.
11.5. With respect to the content of the Services sold by the Association, the Customer acknowledges and agrees that the advice provided by the Association cannot be assimilated to financial or banking advice. Their use by the Customer and their consequences are not binding on the Association. As such, the Association cannot be held liable for any direct or indirect damage linked to use of the Services by the Customer.
11.6. The Customer is fully aware of the provisions of this article and, in particular, the aforementioned guarantees and limits of liability, essential conditions without which the Association would never have established the contract.
12.1. The Customer agrees not to undermine the security of the Site and, in general, of any element provided or managed by the Association. Therefore, he agrees not to undertake any fraudulent access and/or continued presence in the Association’s information system. The Customer may also not harm or hinder the Association’s information system. Otherwise, the Association may take any measure against him and, in particular, seek his criminal liability under articles 323-1 et seq. of the Penal Code.
- INTELLECTUAL PROPERTY
13.1. By paying for the Order, the Customer is granted a license to use the content of the Services on a non-exclusive basis and for the sole purpose of private use for the entire world and on any medium.
13.2. This license excludes any use for commercial, professional or promotional purposes.
13.3. The Customer agrees to use the services in a manner that conforms to these terms and conditions.
13.4. Lastly, it is reminded that the Association holds all the rights over the trademarks it owns as well as over the elements of its Site.
- LINKS TO OTHER SITES
The Association may provide links to other websites. However, under no circumstances can it be held responsible for this information and the use that could be made of it by the Customer.
- FORCE MAJEURE
Neither Party may be held responsible for its delay or failure in the performance of its contractual obligations if this delay or failure is due to occurrence of an event beyond its control, which could not be reasonably foreseen at the time establishment of the Contract and the effects of which cannot be avoided by appropriate measures.
Each Party must inform the other Party, without delay and by registered letter with acknowledgment of receipt, of the occurrence of such a case when it considers that it is likely to compromise the performance of its contractual obligations.
In case of occurrence of such a case of force majeure, performance of the Contract will be suspended until disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure continues beyond a period of thirty (30) days, the Parties agree to come together to discuss possible modification of the Contract.
The time frames stated in this Contract will be automatically postponed in accordance with the duration of the case of force majeure.
In the absence of agreement from the Parties within thirty (30) days and if the case of force majeure persists, each of the Parties shall have the right to terminate this Contract by right, without compensation being due to either Party, by registered letter with acknowledgment of receipt sent to the other Party.
16.1. In the event of breach by one of the Parties of one of its essential obligations, the other Party may, in the event of formal notice by registered letter with acknowledgment of receipt that has not been successful, terminate the Contract, by right and without any other particular formality, and without prejudice to any claim for damages.
16.2. The formal notice must indicate a reasonable period within which the Party in breach must remedy the non-performance or improper performance of the essential obligation mentioned in the formal notice. Under penalty of invalidity, the formal notice must imperatively mention this termination clause.
- APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
17.1. These TCS are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
17.2. In case of a dispute that arises with regard to interpretation and/or execution of these terms and conditions or in connection with these TCS, the Client and the Association will put forth their best effort to reach an amicable resolution of their dispute.
17.3. The Parties can refer the matter to a Mediator chosen from among the professionals listed on the site https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references.
17.4. If this attempt at amicable resolution fails, the Parties intend to submit the dispute to the competent courts in accordance with the applicable rules of civil procedure.