These Terms of Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms of Sale of the current website.
The below listed words define:
The present Terms of Sale describe the entire agreement between and the website and the customer. They may be modified at any time by the publisher or one of its representatives. The Terms of Sale applicable to the user are those in effect on the date of the connection to the site.
Legal mentions concerning the website host and publisher can be found in the website Legal Notices; web site policy regarding the gathering and use of its user’s data can be found in the website Privacy Policy.
The following services are sold on the site: "B2B Matchmaker for the nonwovens industry".
The site is payable to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms of Sale, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance, the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and conditions of this site". Ticking this box will be considered to have the same value as a handwritten signature from the user.
The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms of Sale implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
Creating an account is a prerequisite to the placing of any order on this site. To this purpose, the member can be asked to provide a few personal/professional information. The member agrees to provide accurate information and to notify any relevant change to the Publisher.
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Data collection purpose is the creation of a member account; this account allows the customer to check all orders made on the site with the account. The site publisher cannot be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
The publisher reserves the exclusive right to delete the account of any member who may have breached the Terms and Conditions of the site, including but not limited to the following cases:
Said deletion cannot be considered harmful to the excluded member, who cannot claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
The prices listed on e-nispe are prices shown in Euros, net (VAT is not applicable according to article 293 B of French CGI except for the French user’s how have to pay and declare the VAT).
e-nispe reserves the right to change prices at any time. However, only the price appearing on the site on the day of the order shall be applicable to the buyer.
The user can place order on this site and pay by CREDIT CARD. The credit card payments are made through secure transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms of Sale shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the site, in the description of each item.
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
The site customer service is available by e-mail at the following address: contact@e-nispe.com or through mail at this address 32 Rue Louis Pardonnet, 25200 MONTBELIARD in case of which the publisher agrees to provide a response within 7 days.
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, e-nispe shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise.
The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation).
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will not be liable for :
The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.
Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweaving’s, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms of Sale describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms of Sale are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms of Sale and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Sale, shall be in the French language.
These Terms of Sale are subject to the application of French law.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms of Sale may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
All rights reserved - June 2018