Article 1 – Purpose
These General Terms and Conditions of Sale set out in detail the rights and obligations of Digitsole and its client in connection with the sale of PodoSmart connected insoles kit for healthcare professionals.
Any sales transaction carried out by Digitsole implies the unreserved acceptance of the buyer client to these General Terms and Conditions of Sale as well as the data processing arising from it.
Article 2 – Price
The prices of the goods, denominated in euros and calculated without taxes, are those fixed at the time of the order taking. At any time, Digitsole can modify its rates. However, the invoicing of the ordered goods will be done according to the prices foreseen at the time of the registration of the order. In case of advance payment, no discount will be granted.
Article 3 – Rebates and discounts
The prices offered by Digitsole include rebates and discounts that may be granted based on its results or the assumption of certain services by the buyer.
Article 4 – Payment Terms
Payment of goods is by credit card. The payment of all amounts due must be made when ordering the goods.
Article 5 – Late penalty
Failure to pay full or partial order delivered will result on the day of receipt in a late penalty equal to three times the rate of legal interest in force at the time of delivery of the goods. Since 2015, the revision of the legal interest rate will take place every 6 months (Ordonnance n ° 2014-947 of August 20, 2014). Applied without any prior notice, this penalty is calculated on the amount inclusive of the sum remaining due from the due date of the price. In addition to the late payment penalty, the name payment of any sum, including the deposit, on their due date will automatically result in the payment of a lump sum of 40 € as recovery costs. (Articles 441-6, I paragraph 12 and D.441-5 of the French Commercial Code). If the buyer does not pay the outstanding sums within 15 days after the late payment penalty has been applied, an automatic resolution of the sale will be made, which may entitle the buyer to compensation for damages.
Article 6 – Delivery methods:
The goods are delivered either by direct delivery to the buyer or by the direct delivery of the goods to the place indicated by the customer on the order form. At the time of registration of the order, the delivery time is provided for information only, and is therefore not guaranteed. Consequently, any reasonable delay in the delivery of the goods does not allow the buyer customer to benefit from a damages award, or a cancellation of the order.
The risk of transport is entirely at the expense of Digitsole. In case of missing or damaged goods during transport, the customer is required to make the necessary reservations on the order form when receiving the goods. A confirmation of these reserves by registered letter must then be made within five days of delivery.
Article 7 – Limit of Digitsole’s liability
The responsibility of Digitsole can not be directly or indirectly retained, for some reason and for any reason whatsoever for the damages notably related:
- To an interruption of the connection to the server hosting Podosmart online service motivated by the behavior of the client and / or the patient or by maintenance operations previously reported to the client;
- To any incident or interruption of the connection to the server hosting Podosmart online service caused by an incident / failure occurring on the Internet network if this incident presents the characteristics of force majeure, or a malfunction of equipment, materials and/or infrastructures of the client;
- as a result of any act or omission of service providers, leased lines and / or telecommunication equipment;
- to cases of illegal access, fraudulent retention or degradation of the servers, equipment and/or databases of the client.
Article 8 – Force majeure
In case of non-performance or delay in the performance of one of the obligations specified in these General Terms and Conditions of Sale resulting from a case of force majeure, the responsibility of the company Digitsole will not be declared. Force Majeure is defined as any external, unpredictable and irresistible event as specified in Article 1148 of the French Civil Code.
Article 9 – Law and Juridiction
These General Conditions of Sale are governed by French law. In case of dispute and in the absence of amicable resolution, the case will be brought before the Commercial Court Paris.