PREAMBLE
In 2025, the company SUPPLY ACTION created a solution of inventory management via a simple and fast inventory management mobile application allowing businesses to enter the digital age, at a price consistent with their resources.
The solution developed by SUPPLY ACTION allows users to be permanently connected to their stocks.
Concretely, salespeople, warehouse workers and salesmen can, in complete mobility from their smartphone, offer a quality service to their own customers by accessing product sheets, drawing up an estimate, following an order, consulting the status of stocks, etc.
The user is personally responsible for setting up computer and telecommunications resources allowing access to the Platform.
1. PRESENTATION AND FIELDS OF APPLICATION
1.1 Introduction
Our general conditions of sale (hereinafter” General Terms of Use and Sale ” or” CGUV ”) aim to govern the relationships between the company SUPPLY ACTION, a simplified joint stock company with its head office at 35 Rue René Cassin, 51430 BEZANNES (hereinafter “” SUPPLY ACTION ”), and its professional client (hereinafter the” Customer ”) so that the Customer's employees having access to it (hereinafter the” Users ”) can use the stock management platform developed by SUPPLY ACTION accessible at: https://supplyaction (hereinafter the” Platform ”).
These CGUV are applicable exclusively to customers in the context of their professional activities.
SUPPLY ACTION and the Customer are, together, referred to as the” Parties ” .The use of SUPPLY ACTION products and services requires the unrestricted acceptance of the conditions set out in the CGUV.
1.2 Scope
When requested from the Customer, the fact of not accepting the T&Cs by not checking the acceptance box is an expression of the Customer's refusal to use the products and services developed by SUPPLY ACTION.
In the absence of acceptance of the T&Cs, the Customer will not be able to access all of SUPPLY ACTION's products or services, whether for a trial or a purchase.The T&Cs are a binding contract between the Customer and SUPPLY ACTION. It provides the conditions that govern the use of the Services by the Customer and Users.
These T&Cs, as well as all their updates, additions, additional conditions and all SUPPLY ACTION rules and policies together constitute the “Contract” between SUPPLY ACTION and the Customer.
SUPPLY ACTION reserves the right to modify the CGUV at any time. The new CGUV will then be applicable as soon as they are posted online to all Customers and Users with the exception of the specific conditions of the CGUV applicable to current paid Subscriptions which apply until the expiry of the Subscription.
1.3 Modification of the CGUV and entry into force
SUPPLY ACTION reserves the right to modify or amend the CGUV at any time, it will notify the Customer, if necessary, in advance by means of an email sent to the contact address provided by the Customer when registering. The new CGUV will be applicable to all Users as soon as they are posted online.For Customers who have taken out a paid subscription, in the event of modification of the CGUV, the in force at the date of signing the paid subscription contract continue to apply until the expiration of the subscription.
2. CHARACTERISTICS OF GOODS AND SERVICES SUPPLY ACTION
SUPPLY ACTION markets and sells to its Customers the equipment necessary for the use of the Platform and the Services under the best conditions (hereinafter the “” Products ”). SUPPLY ACTION also offers Users a set of services to manage their stocks, improve productivity and personalize products, services and subscriptions according to their needs. The services offered on the Platform by SUPPLY ACTION are made available to Users according to the type of services, products and/or subscriptions chosen by the Customer.
Subscriptions (hereinafter the” Subscriptions ”) are, in ascending order of available functionalities:
SUPPLY ACTION ESSENTIAL:Basic functions; user management; inventory management; purchases and sales, support services and training;
PROFESSIONAL SUPPLY ACTION: Basic functions; user management; inventory management; purchases and sales, support services and training; connectivity and integration of a determined number of Users;
SUPPLY ACTION ENTERPRISE: basic functions; user management; stock management; inventory management; purchases and sales, support services and training; connectivity and integration of a specific number of Users. To learn in detail about the services offered in each of the Subscriptions, we invite you to consult the page Next.
SUPPLY ACTION also offers additional optional services (hereinafter the” Services ”):
- One-day distance training, half-day distance training,
- On-site training,
- Starter pack,
- SCM and FSM digitization advice,
- Advice pack,
- Project management and support,
- Integration settings,
- Parameterization and customization,
- Disk space,
- API,
- Map view,
- Customization and tailor-made. To learn more about the Services offered in detail, we invite you to consult the “Prices” page.
The Services, Products and Subscriptions offered by SUPPLY ACTION on the Platform are accessible, in accordance with the General Conditions of Use available here (put the link to the page) to all Users who have the legal capacity to use them.
3. CONDITIONS OF SALE
3.1 Sale of Products
3.1.1 THE PRODUCTS
The Products are presented on our website at https://www.shop.Supplyaction/.The selling prices of the Products are indicated on our catalog and expressed in euros, including VAT. Delivery costs are indicated on the estimate sent to the Customer. These may vary depending on the size of the package and the destination address.
3.1.2 ORDER PROCESS
In order to place an order (hereinafter the” Order ”), the Customer must follow and carry out the following steps:
1. Access the Site;
2. Follow the instructions available on the Site to open a customer account or identify yourself as a Customer;
3. Complete the order form after having selected all the Products he wishes to acquire by specifying, for each of the Products, the desired quantity;
4. Verify the elements of the Order, identify and, possibly, correct errors;
5. Accept the CGUV, which implies confirmation of the Order;
6. Follow the instructions of the online payment service provider to pay the Price.
The Customer receives by electronic means a confirmation of acceptance of the payment of the Order at the address provided at the time the customer account was opened.
Acceptance of the CGUV, the description of the products chosen, their quantities, prices and delivery conditions implies confirmation of the Order.
The Customer is committed to SUPPLY ACTION from the moment he confirms his Order.
The Order is considered finalized and is only prepared upon receipt of full payment from the Customer by SUPPLY ACTION.
3.1.3 DELIVERY SERVICE AND DELIVERY TIMES
The Order is not prepared and the delivery times only start to run as of the receipt of full payment from the Customer by SUPPLY ACTION.
SUPPLY ACTION organizes the deliveries of the Products using an independent transport service provider. Customers can benefit from the delivery service in mainland France and Corsica.
The Order for the Products is delivered to the address indicated by the Customer at the time of the Order within a maximum of 4 weeks from the receipt of full payment from the Customer.
Delivery is carried out by our transport provider.
The Customer undertakes, upon receipt of the boxes and in the presence of the carrier, to check the condition of the packaging. As soon as possible, he undertakes to check that the Products are intact and the absence of any visible defect.
In the event of damage found related to transport on the carton itself or the Products, the Customer undertakes to note this on the carrier's delivery note. The Customer undertakes to send his claims, in the event of a damaged, non-compliant or defective product, within 48 hours of receiving the goods, within 48 hours of receiving the goods, with supporting photos, by sending an email to Support @supplyaction.com.
If no complaint or reservation is made in this respect within this period, the products can no longer be taken back or exchanged.
Once delivery has been made, all risks on the Products are transferred to the Customer.
In the absence of precision, the costs and risks associated with the transport and delivery of the Products are the sole responsibility of the Customer.
3.1.4 LIABILITY AND GUARANTEES
SUPPLY ACTION cannot be validly bound by the warranty due to alleged defects or hidden defects affecting the Products.
Under the same conditions, SUPPLY ACTION's liability for alleged defective Products cannot be validly sought for any damage caused to the goods of the Customer or Users.
SUPPLY ACTION's guarantees refer to normal use of the Products, and do not apply to deterioration or destruction caused in particular by assembly error, lack of use, defective use or overload.
After delivery, SUPPLY ACTION's guarantee does not apply to Products that would be stored or kept in conditions that are unsuitable to preserve them from any attack on their integrity or their substance, such as bad weather in particular.
In the event of an apparent non-compliance of the Products with the order form attributable to SUPPLY ACTION, the Customer may request either the replacement of the Products, or the cancellation of the invoice up to the price of the non-compliant Products, to the exclusion of any other method of compensation.
In particular, SUPPLY ACTION will under no circumstances be required to indemnify the Customer for any damage that would be related to the delivery of non-compliant Products.
3.2 Sale of Services
3.2.1 THE SERVICES
The Services are presented on our website at the following addresses:
Customization and tailor-made
Advice, support, training and support
API Integration and hub
The selling prices of the Services are indicated on our website in euros, excluding taxes.
3.2.2 ORDER PROCESS
In order to place an order (hereinafter the” Ordering Services ”), the Customer must request a quote from SUPPLY ACTION at the address: contact@supplyaction.com
3.2.3 DELIVERY SERVICE AND INTERVENTION TIMES
SUPPLY ACTION and the Customer together determine the conditions of intervention of SUPPLY ACTION with the Customer as part of the establishment of the estimate.
3.3 Subscription Subscription
3.3.1 SUBSCRIPTIONS
Subscriptions are presented on our website at https://Supplyaction/fr_fr/price. The sales prices of Subscriptions are indicated on the website in euros, excluding taxes.
3.3.2. UNDERWRITING PROCESS
In order to subscribe (hereinafter the” Underwriting ”), the Customer must follow and carry out the following steps:
1. Access the Site;
2. Follow the instructions available on the Site to open a customer account or identify yourself as a Customer;
3. Complete the subscription form after having selected the Subscription to which he wishes to subscribe by specifying the number of User accesses desired;
4. Verify the elements of the Subscription, identify and, possibly, correct errors;
5. Accept the CGUV, which implies confirmation of the Subscription;
6. Follow the instructions of the online payment service provider to pay the Price.
The Customer receives by electronic means a confirmation of acceptance of the Payment of the Subscription at the address provided at the time of opening the Customer Account. Express and unreserved acceptance of the Terms and Conditions for the designation of the chosen Subscription, implies confirmation of the Order.
The Customer is committed to SUPPLY ACTION from the moment he confirms his Subscription.The Subscription is considered finalized and is only prepared upon receipt of full payment from the Customer by SUPPLY ACTION.
For certain specific requests, the Customer must request a quote from SUPPLY ACTION at the address: contact@supplyaction.com
3.3.3. AVAILABILITY OF THE SUBSCRIPTION AND WITHDRAWAL
The Platform is available to the Customer upon payment of the Subscription price and for the entire Subscription period.
WITHDRAWAL PERIOD AND FREE ACCESS
For a period of fourteen (14) days from the date of payment of the Subscription, the Customer will have a free Subscription to all the Platform Services. This period will allow the Customer to test the use of the Platform.
At the end of this period of fourteen (14) days from the date of payment of the Subscription, the Customer may choose to make use of a right of withdrawal. If the Customer chooses to withdraw, he will notify SUPPLY ACTION under the conditions of article 5. SUPPLY ACTION will then reimburse the Customer the Subscription price as soon as possible.
Notwithstanding the Customer's withdrawal, and unless the Customer is terminated, the Customer maintains his account and a free Subscription to the Platform and Services, which are then limited, which the Customer understands and acknowledges.
RENEWAL
Subscriptions are automatically extended to the anniversary date for periods identical to the initial term subscribed unless cancelled (i) by sending a letter of formal notice with acknowledgement of receipt one (1) month before the anniversary date for subscriptions taken out offline (i) directly from the online account, at least twenty-four (24) hours before the anniversary date.
CANCELLATION AND CHANGE OF SUBSCRIPTION
Only free Subscriptions may be cancelled at any time by the Customer.
Paid Subscriptions cannot be cancelled early.
When a paid Subscription is not renewed, the Customer will have access to the free Subscription with limited access to the Platform and the Services.
He keeps his account as well as all the documents and information contained in his account at the end of the paid Subscription. He is free to cancel this free Subscription at any time and to delete his account at his convenience.
By default, all paid Subscriptions that have been the subject of a special offer (discount coupon, partner offer, Special Conditions) are transformed into a free Subscription at the end of the special offer or Special Conditions.
Only the Services corresponding to the free Subscription package will remain accessible.
Termination by the Customer results in the deletion of the Customer account and all User accounts.
The Customer and Users may not request from SUPPLY ACTION any compensation or reimbursement due to the deletion of the account resulting from the termination initiated by the Customer.
4. PAYMENT TERMS
REGULATION
Payments are made in one go for Products and Services. For Subscriptions, the rules are made at once during the Subscription for the entire Subscription period and at once at each renewal.
Payments are made in the following manner:
• Or by bank card, on a secure payment server that integrates an encryption process in SSL (Secure Socket Layer) mode.
• Or by means of payment via the Customer's Itunes account when it comes to the SUPPLY ACTION mobile application downloaded from the Apple Appstore.
• Or by means of a payment via the Google account when it comes to the SUPPLY ACTION mobile application downloaded from the Google Playstore.
SUPPLY ACTION communicates the Customer's email address to the company in charge of payment for confirmation of payment.
Bank details are in no way kept by SUPPLY ACTION. These contact details are kept by the payment provider in charge of securing transactions and allowing Subscriptions to be extended.
Transactions and information concerning the Customer are always confirmed. It is recommended that you print the confirmation form and keep it. This form also contains the contact details of the persons to contact in case of problems. Regardless of the type of offer (Services, Products and Subscriptions) subscribed to, the Customer is solely responsible for the payment of his Subscription.
LATE PAYMENT PENALTIES
Payments are net, without discounts or rebates, on the payment date shown on the invoices.
Late payment penalties are payable the day following the payment date on the invoice, i.e. in principle, unless otherwise agreed between the parties, on the date of receipt of the goods or performance of the requested service.
Also, in the event that the amounts due are paid after the date shown on the invoice, this delay will automatically result in the payment of late interest fixed at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in addition to a fixed compensation of €40 per invoice in addition to a fixed compensation of €40 per invoice for recovery costs, which may be increased by additional costs requested on justification.
Their due date is not subject to the prior sending of a formal notice.
In addition, the delays accepted by SUPPLY ACTION in payments also automatically result in compensation fixed at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points (interest on arrears).
In the event of late payment, we reserve the right to suspend or cancel current orders and services without prejudice to any other recourse and to require the payment of all our claims due or due by operation of law and without prior notice of default.
PURCHASE OF PRODUCTS
Unless otherwise expressly stipulated, our prices refer to goods departing from our site or warehouse, packaging not included. In the case of free shipping, this means the most economical way: the additional costs for any other mode of transport are the sole responsibility of the customer.The goods travel at the risk and peril of the recipient even when the shipment is made free of charge.
In the event of damage, loss or theft occurring during transport, or in the event of late delivery, it is the responsibility of the recipient to exercise recourse against the carriers.
In any event, in the absence of a reservation upon delivery, the buyer may not subsequently invoke non-compliance to evade payment, except to send his complaints within 5 days by registered mail with notice of receipt. If the buyer abstains from taking delivery of the goods, they remain totally due without any summons to have to recover them, without prejudice to all damages and interests.
Our company also intends to provide itself with proof of delivery of the goods by signing the delivery note.
5. RIGHT OF WITHDRAWAL
Only the Customer who is a non-professional pursuant to the Consumer Code has a period of fourteen (14) clear days from the date of subscription of the Subscription to exercise his right of withdrawal.
The request can be sent (i) by email to the following address: contact@supplyaction.com , or (ii) by registered mail with notice of receipt to: In all cases, the Customer must mention his name and surname as well as the email address provided at the time of registering on the Platform.
However, in the event that the Customer decides to use the Services offered on the Platform before the expiry of the aforementioned period, he must make an express request for it by sending an email to the address contact@supplyaction.com.
This request will constitute an express waiver of the right of withdrawal in accordance with the provisions of article L.221-25 of the Consumer Code. In the event of withdrawal, the Customer will obtain a refund of the amounts that he has already paid no later than fourteen (14) days at the latest within fourteen (14) days for Service Subscriptions, following the date of receipt by SUPPLY ACTION of the withdrawal request in accordance with article L.221-24 of the Consumer Code at the latest within fourteen (14) days for Service Subscriptions, following the date of receipt by SUPPLY ACTION of the withdrawal request in accordance with article L.221-24 of the Consumer Code.
On the other hand, SUPPLY ACTION will keep the commissioning costs.
6. ACCESS TO THE PLATFORM
6.1 Conditions of access to the Platform
To access the Products and Services offered on the Platform, the Customer must create a personal account for each of the Users.
SUPPLY ACTION makes its best efforts to ensure access to the Platform on a permanent basis, subject to maintenance and maintenance periods, server update operations and their possible exceptional interruptions, in particular in the event of the occurrence of a technical failure affecting the access or operation of the Platform for reasons independent of SUPPLY ACTION, such as, in particular, the interruption of remote communication systems, interruption of the Internet or the interruption of the services of its service providers. computers, for any reason whatsoever.
SUPPLY ACTION undertakes to implement all the means at its disposal to inform the Customer and Users as soon as possible of any interruption of the Services and to restore access to the Platform as soon as possible.
The occurrence of the events listed above as well as any other force majeure event will have no consequences on the continuation of the Services, Products and Subscriptions and may not give rise to a claim on the part of the Customer.
In addition, SUPPLY ACTION cannot be held responsible for deterioration or interruptions resulting from the operations carried out by the User as part of his connection to the Platform.
6.2 Hardware requirements
To use the Platform, Users must have computer or electronic equipment that can connect to the Internet, compatible with the Platform and the Services and an internet connection.
It is recommended, before using the Services, Products and Subscriptions, to check the accessibility of the Platform and the compatibility of the Services with computer hardware. To do this, Users are invited to consult the technical information available in the “FAQ” or “Help” sections accessible from the Platform's home page.
SUPPLY ACTION declines all responsibility in the event of non-functioning of the User's equipment or of incompatibility of that equipment with the Platform, Products or Services.
6.3 Account - Subscription Subscription
To have access to the Services, Products and Subscriptions, the Customer must create an account by completing the mandatory fields. The User is then asked to enter an identifier and a password. These items are confidential.
The User undertakes to keep the username and password allowing him to access his account secret.
The User undertakes to change his password regularly and to observe all the security recommendations that SUPPLY ACTION may make to him for choosing his password. At the express request of the User, the reset of his password is possible.
Each User undertakes to provide accurate information at the time of creating the account and to inform the Company of any changes concerning them.
The use of the Services, Products and Subscriptions, by the User implies acceptance of these T&Cs, without reserve.In some cases, in particular for non-payment, incorrect address or any other problem related to account information, SUPPLY ACTION reserves the right to suspend the Customer's and/or Users' access to the Services, Products and Subscriptions, without reservation. Platform.
Invoices are archived on a reliable and durable medium in order to correspond to a faithful and durable copy.
6.4 Account Use
Acceptance by Users of technical cookies is essential for the use of the Platform Services.
The User will be solely responsible for the consequences of the use of his account, until it is deleted, unless the User can demonstrate that the use of his identifiers or his account results from fraud attributable to a third party.
Any connection or transmission of data will be deemed to have been made by the User and under his exclusive responsibility unless the User can demonstrate that the use of his identifiers or his account results from fraud attributable to a third party.
The User assumes responsibility for the security of their own terminals allowing access to the Platform.
In the event that he is aware of an unauthorized access to the Platform via his Identifiers, the User must inform SUPPLY ACTION without delay so that the latter takes all the necessary measures.
7. SUSPENSION AND INTERRUPTION OF SERVICES
SUPPLY ACTION reserves the right to suspend, without notice or compensation, the User's access to the Services in the following cases:
- Non-compliance with the CGUV,
- Non-compliance with the Special Conditions applicable to the Subscription purchased.
SUPPLY ACTION may make changes to the Platform and develop its services without the User being able to oppose them. The User acknowledges that technical developments that may improve the quality of the Service may be necessary.
The User is informed that the modifications may result in a temporary interruption of the Services and/or the Platform or an update of their application. The User is informed that the evolutions of the Platform may, in particular, require updates of its hardware to allow the optimal use of the Platform.
8. PROTECTION OF PERSONAL DATA
8.1 Computer processing
SUPPLY ACTION ensures the confidentiality and security of the personal data of the Customer and the Users. The personal data processed by SUPPLY ACTION is intended for the proper functioning of the Platform to provide all the Services and to allow the Customer and Users to access their accounts.
The optional information is intended to better know the Customer and thus to improve the services offered to him.
SUPPLY ACTION certifies that its files and its automated processing of personal data have been declared to the CNIL, in accordance with the Data Protection Act of January 6, 1978 in force, under the number 2163028.
SUPPLY ACTION is likely to send commercial information concerning its partners by email to the Customer and allowing the Customer to better know the services they offer.
SUPPLY ACTION is prohibited from communicating any personal information to a third party without the express agreement of the Customer and Users. In all cases, SUPPLY ACTION reserves the right to use the data anonymously for statistical purposes.
The Customer authorizes SUPPLY ACTION to communicate its data to SUPPLY ACTION partners. Before any communication of data to partners, SUPPLY ACTION will anonymize, as far as possible, the personal data of each User.
8.2 Use of cookies
By accessing the Platform, cookies are installed on the User's computer or mobile electronic devices. Cookies must be kept for as long as the User's account is opened.
If these cookies are deleted by the Customer or the User, the User may no longer have access to the Services because these cookies make it possible to personalize a set of services and content according to the User's profile.
8.3 User rights of access, correction and opposition
The User has free access, online, to information concerning him, under the “My Account” section and has the possibility of himself to modify and/or export his personal data from the Platform within the limits of the characteristics of his Subscription.
In accordance with the Data Protection Act of January 6, 1978 as amended, the User has, at any time, a right to access information concerning him, a right to have it rectified, deleted or completed if it is inaccurate or incomplete, a right to oppose their transmission to third parties, a right to oppose their transmission to third parties, a right to oppose at no cost to their being used to send him commercial solicitations and, more generally, a right to oppose their transmission to third parties, a right to oppose their transmission to third parties, a right to oppose their transmission to third parties, a right to oppose their transmission to third parties at no cost. oppose any form of treatment as defined by this law.
To exercise their right of access, deletion and correction, the User must make a written request by mentioning their name, first name and email address provided at the time of registering on the Platform, and attaching a copy of their identity document, all sent to: SUPPLY ACTION Company, Customer Service, 35 Rue René Cassin 51430 BEZANNES
SUPPLY ACTION does not keep any data once the account is deleted.
8.4 Protection of personal data
SUPPLY ACTION uses service providers with infrastructures installed in highly secure Data-Centers located in France, offering all the guarantees of security and maintaining the integrity of the data. Users' data and information are stored on servers protected by hardware and software protection systems and encrypted transmissions. To find out more, the User can consult our service provider's Platform at the following address: http://www.aws.amazon.com.
SUPPLY ACTION also offers a multi-cloud provider to choose another host, for this, the user can contact the sales department via the address contact@supplyaction.com
8.5 Account deletion
The User can delete his account by accessing his personal space on the site: https://Supplyaction.com
SUPPLY ACTION undertakes to delete the account and the data. When the account is deleted, an email will be sent to the Customer with an export containing all his personal data. All documents archived from the Platform will then be irretrievably destroyed by the Company. The Company sends the User an email confirming the deletion of their account.
9. INTELLECTUAL PROPERTY
9.1 INTELLECTUAL PROPERTY OF SUPPLY ACTION
SUPPLY ACTION is the owner of the intellectual property rights attached to:
- to the Platform and all of its constituent elements such as, and without this list being exhaustive, information, databases, software or graphics,
- any distinctive sign, registered or registered by SUPPLY ACTION as a trademark or protected under any intellectual property legislation.
The Services and Subscriptions do not involve any transfer of ownership by SUPPLY ACTION to the Customer or Users, and does not in any way constitute, in particular, authorization to represent, reproduce, modify or commercially use the various elements of the Platform.
Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the Platform is prohibited and exposes its author (s) to prosecution.
The Customer and Users will refrain (and will ensure that any third party does not), except to the extent that applicable law expressly authorizes them to do so, from:
(i) copy or use the Platform other than as provided in this Agreement or any Order;
(ii) use the Platform with unauthorized equipment or products;
(iii) modify the Platform, create derivative works from the Platform, reverse engineer, decompile, decipher, disassemble, or otherwise convert the Platform into a human-readable format;
(iv) use the information and/or data accessible via the Platform and/or the Services to develop or cause to be developed programs similar, identical or competing with the Platform and/or the Services, for any use whatsoever, even for internal use;
(v) distribute, sell, license, or otherwise make available the Platform to unauthorized third parties;
(vi) or modify or delete the intellectual property rights notices or legends contained in the Platform.
The fact of attempting to appropriate, copy, reproduce all or part of the Platform or any other intellectual property right of SUPPLY ACTION, as well as the fact of carrying out or attempting to reverse engineer the Platform constitute serious breaches on the basis of which SUPPLY ACTION may immediately suspend the access of the Customer and Users to the Platform.
The fact of using information and/or data accessible via the Platform and/or the Services to create similar, identical or competing programs to the Platform and/or the Services, for any use whatsoever, even for internal use by the Customer, at the end of the Subscription will constitute direct harm for SUPPLY ACTION, giving rise to the right to compensation. In the event of a breach of this obligation, the Customer undertakes to pay SUPPLY ACTION the sum of twenty thousand (20,000) euros as a penalty clause.
9.2 Right to use the Customer's logos and brands
The Customer authorizes SUPPLY ACTION to use its logo and commercial brand free of charge for communication purposes on all types of media and means of communication, without time limit.
10. RESPONSIBILITIES
10.1 User Responsibility
The Customer and the User are fully responsible for the use that the User makes of the Services as part of the Subscription.
The Customer is solely responsible for all documents, information, data and content that he has created, stored, uploaded or transmitted to his account.
SUPPLY ACTION does not verify the data, documents and information created, stored, downloaded and/or transferred by the User to their account. It therefore declines all responsibility for their origin, veracity, completeness, and more generally, any use that will be made of them by the User.
In addition, it is the responsibility of the User and the Customer to verify that the documents, information, data and content created, stored, downloaded and/or transferred to their account:
- Do not constitute a violation of intellectual property rights,
- Do not contain computer viruses,
- Do not promote crime, or encourage any criminal activity,
- Have no pedophile, pornographic, obscene, obscene, racist, defamatory or revisionist nature,
- Do not correspond to health data,
- In general, are not contrary to public order and good morals.
In the event of a violation by the Customer or the User of the obligations stipulated above, SUPPLY ACTION reserves the right to proceed with the immediate suspension or deletion of the account of the offending User as well as, where applicable, of the documents, information, data and content that he has created, stored, stored, downloaded and/or transferred to his account, without the offending User being able to claim a refund of his Subscription or any compensation under this measure.
In case of sharing documents, information, data and content, the User is solely responsible for his decision to share one of his documents or information with another User or to give access to it to a third party.
In the event of non-performance by the customer of any of its commitments and in particular in the event of non-payment by the due date of all or part of the amounts due, the contract may be automatically terminated by SUPPLY ACTION for the fault of the Customer, 15 days after the sending of a formal notice addressed to the customer to put an end to the non-compliance with its obligations, which remained unsuccessful, without the need to file a legal claim and notwithstanding the execution of all contractual obligations by the Customer. This termination will be effective by sending a registered letter with acknowledgement of receipt to the Customer informing him of the automatic termination.
As soon as this letter is sent, SUPPLY ACTION will be released from any obligation and responsibility towards the Customer.
In the event of termination for fault, the Customer will be liable for a contractual and fixed compensation equal to 15% of the price shown on the invoice (s).
10.2 Responsibility of SUPPLY ACTION
SUPPLY ACTION undertakes to implement the reasonable means necessary in order to provide the Services to the User within the framework of the Special Conditions accepted by the User.
As such, SUPPLY ACTION's liability is limited to the commitments made in application of these T&Cs and cannot be incurred due in particular to:
- damages due to the total or partial non-performance of its obligations by the User;
- the use of the Services by the User that does not comply with the prescriptions or recommendations of SUPPLY ACTION,
- the use by the User of hardware, software, services that do not comply with the recommendations or requirements provided by the Company,
- non-compliance by the Customer or the User with the General Terms of Use or with the Special Conditions communicated by The Company and accepted by the User,
- access difficulties and slowness due to the saturation of the networks at certain periods.
- direct or indirect damages suffered by the User as a result of incorrect use of the Services offered on the Platform.
- the end of the relationship between the User and the SUPPLY ACTION partner through whom the User uses the Company's Products or Services.
SUPPLY ACTION cannot be held responsible for any malfunctions or deterioration of the User's computer system caused by the correct or improper use of the Services or the Platform, including any loss of data by the User, any loss or modification of personal and confidential information as well as their disclosure to third parties.
The User is aware of and accepts the limitations related to the Internet, in particular:
- that the Platform's response speed may be affected by poor bandwidth,
- that the confidentiality of data circulating on the Internet cannot be fully guaranteed and that this data can in particular be misused,
- that the Services offered on the Platform implement complex IT functionalities and that it is not possible to test all the possibilities of use.
The User therefore agrees to bear the risks of imperfection or the temporary unavailability of the Platform or the Services.
Hypertext links offered on the Platform may refer to other sites or other information managed by partner sites. Insofar as SUPPLY ACTION cannot exercise any control over these sites, it cannot be held liable for the content of these other sites. SUPPLY ACTION's liability will be limited to the amount of the sum paid by the Customer.
11. COOPERATION WITH PUBLIC AUTHORITIES
SUPPLY ACTION will cooperate, in accordance with the law, with authorities that carry out verifications in relation to content and/or services accessible via the internet or telephone network or with illegal activities carried out by any user of the internet or telephone.
SUPPLY ACTION cannot be held liable in the event of communication of elements in its possession upon any request made, by judicial requisition, by judicial, police or administrative authorities.
12. ASSIGNMENT
The transfer of Services, Products and Subscriptions by SUPPLY ACTION is free, as long as this transfer is required by the transfer of the Platform.
The Services and Subscriptions bind the parties hereto, their successors in law and authorized assignees.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
These general conditions of sale are subject to French law.The language of this contract is the French language.Any complaint will be sent to SUPPLY ACTION by email: contact@supplyaction.com.
In the absence of agreement within one month, disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of the T&Cs will be submitted to mediation. The Customer may contact the consumer mediator of his choice or contact SUPPLY ACTION who will provide him with the contact details of a mediator.
At the European level, the European Commission provides you with a platform for online dispute resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
In the event of failure of mediation or if the consumer Customer does not wish to use mediation, the French courts will have sole jurisdiction.
For non-professional Customers exclusive jurisdiction will be given to the Courts of Aix En Provence.
