The BUYER and the FINAL USER declare and are deemed to be experienced professional, fully aware of the standards and rules of safety regarding the use of the PRODUCT or of similar product and to use it for the needs of their professional activity.
Any order or offer shall only be firm from the date of issuance of the written acknowledgement of receipt of (i) the order or (ii) the accepted offer, returned by the SELLER. Otherwise, the CONTRACT shall only be validly formed by the delivery of the PRODUCT.
Except when the PRODUCT is marked with BUYER’s personal identification, BUYER may terminate a CONTRACT within seven (7) days after delivery of the PRODUCT and upon payment to SELLER of a cancellation fee of ten (10) percent of the total price of the PRODUCTS due, as of the date of receipt by SELLER of the termination notice. The return of the PRODUCT shall be made with the consent of and in accordance with the instructions of SELLER as to the conditions of shipment and in the original packaging of the PRODUCT, at BUYER’s risk and expense.
In case of non-performance of any of its obligations by the BUYER, the SELLER shall have the right to terminate the CONTRACT as well as any other existing CONTRACT between the parties, byoperation of law and by first presentation of a written paper document or electronic document with 48 working hours notice, without prejudice of any right to indemnification.
FINAPOLLINE SAS is responsible for the treatment of the SELLER’s personal data. This data will be processed in accordance with the GDRP. The purpose of the processing is to allow the proper execution of the CONTRACT (processing orders, delivery, invoicing…) and is necessary for commercial prospecting operations. In case of refusal of the treatment by the BUYER, he will not be able to take advantage of an incomplete execution of the CONTRACT by the SELLER. TheSELLERandFINAPOLLINE SAS are the only recipients of the data, which will not be communicated to third parties, except in the case of legal obligation, and no transfer of data will take place to a non-EU country. The data will be kept for as long as there is an interest in maintaining the purpose of the processing. When no longer needed for this purpose, the data will be deleted by appropriate security measures to ensure pseudonymization or total destruction. The BUYER can exercise his rights of access, rectification and deletion with FINAPOLLINE SAS, Legal Department, 17 avenue Gustave Eiffel, 33700 MERIGNAC, email@example.com. The BUYER can also file a reclamation with the CNIL.
The BUYER declares to be and shall make sure that the END-USER is, in conformity with any international convention or law or regulation which is applicable to him, concerning in particular and without limitation the rules of competition, the prevention of corruption, the anti-gift and transparency devices, the conflicts of interests, the prohibition of discrimination, the respect of private life and the protection of personal data and environment. BUYER declares that it is not affected by any trade sanctions imposed, in particular and without limitation, by the United Nations, theEuropean Union and/or the United States. Upon SELLER’s request BUYER agrees to provide any documentation proving the veracity of this statement. It is understood that SELLER’s obligations under the AGREEMENT are contingent upon the truthfulness of the foregoing statements. Furthermore, BUYER agrees to indemnify and hold SELLER harmless from any and all liability resulting from any default by BUYER in this regard.
BUYER agrees to resell only to END-USERS who will be able to make the same declaration.
In accordance with applicable regulations on waste electrical and electronic equipment, the SELLER identification number is FR0223938_05TLAL.
BUYER agrees to maintain the confidentiality of all information communicated by SELLER in connection with the PRODUCT, including, but not limited to, the CONTRACT, price, composition, application and use of the PRODUCT. Neither BUYER nor END-USER shall use such information outside the scope of the CONTRACT, nor disclose such information to third parties without SELLER’s prior written consent. If BUYER is not the END-USER, BUYER agrees to assign the same confidentiality duty on the END-USER.
The CONTRACT may be entered into by electronic signature and each of the parties declares that it has taken all appropriate measures to ensure that the electronic signature of the CONTRACT is affixed by its duly authorized representative. Each party waives any challenge to the reliability of the electronic signature process used.