Updated on the January 27, 2021

ARTICLE 1 : VENDOR IDENTIFICATION

The commedi.fr website is edited by the COMMEDI company registred in France with the code RCS 390 703 387, et with FR03390703387 as VAT number.

ARTICLE 2 : SUBJECT

The following General Terms and Provisions of Sale apply to the use of the online sales service for services and information on business parks, companies located in business parks, commercial zones, and stores located in commercial zones.

Theses General Provisions of Sale prevail, without exception, over all other conditions specific to the CUSTOMER.

The CUSTOMER, by using the services of the website and by validating an order, recognizes to have previously taken knowledge of the present general conditions of sale and to have accepted them without reservation.

ARTICLE 3 : INTELLECTUAL AND COMMERCIAL PROPERTY OF DATA AND USE OF FILES

The CUSTOMER’s right of use includes access to the information against payment. It does not confer any right of reproduction (except for private use), marketing or other. Any use of the data obtained for direct or indirect marketing or resale (integration of the data in a commercialized way) of these data is prohibited.

The communication of the data to third parties that are legally distinct from the CUSTOMER, either directly or in combined form, for example by using the data to produce a product or service, whether free of charge or for a fee, is strictly prohibited.

The CUSTOMER shall be liable for any unauthorized reproduction or disclosure of the data, regardless of whether such unauthorized reproduction or disclosure is due to the CUSTOMER’s fault, negligence, or mere omission.

The CUSTOMER is informed that the files contain cookies for the control of their use.

The CUSTOMER is solely responsible for the queries he makes and the use he makes of the results obtained. It is up to him to make an use in conformity with the regulations in force and the recommendations of the CNIL. He thus undertakes to comply with the obligations arising from the European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), and consequently, with Law 78-18 of January 6, 1978, known as “Informatique et Libertés” (Data Protection Act), and its subsequent amendments.

The CUSTOMER acknowledges having all the necessary skills to assess the quality of the file and its suitability for the use he intends to make.

The customer is fully responsible for the use of the files and developed messages.

ARTICLE 4: RESPONSIBILITIES OF COMMEDI

COMMEDI is bound to the CUSTOMER having placed the order by an obligation of means, and not of result. In the event that a liability could be held against COMMEDI by law, the damages and interests to be paid by COMMEDI will be limited to the sums actually paid by the CUSTOMER to COMMEDI for the service in question.

It is the CUSTOMER’s responsibility to provide proof of COMMEDI’s default in the performance of its obligations. The CUSTOMER shall notify COMMEDI by registered letter with acknowledgement of receipt and within 10 days of the delivery of the files, of the defects or errors that it intends to invoke.

COMMEDI is not responsible for the quality of the information provided, and cannot guarantee any minimum performance on the campaigns carried out using the services or the information delivered to the CUSTOMER. In this respect, the CUSTOMER is informed that the company’s files evolve on average by 4% per month, and that the performance of the campaigns may be altered in the case of late use after the delivery of the databases. The information provided by COMMEDI is provided in good faith, without warranty or recourse against COMMEDI.

COMMEDI cannot be held liable for the use of the data by the CUSTOMER.

COMMEDI shall in no way be held liable for any use of the data made by the CUSTOMER that is contrary to the legislation in force, as well as to public order and good morals.

COMMEDI shall not be liable for indirect damages such as a low response rate.

Any action brought against the CUSTOMER by a third party constitutes an indirect prejudice and does not entitle the CUSTOMER to compensation.

COMMEDI shall not be held responsible for any breakdowns and maintenance interventions necessary for the proper functioning of the commedi.fr website, nor for failures attributable to the service providers responsible for managing the commedi.fr website server.

In the event of force majeure, i.e. as a result of war, riot, flood, fire, interruption or breakdown of communications and/or electricity supply, and, in general, any event beyond the control of COMMEDI, impeding the execution of its commitments, COMMEDI’s liability shall not be engaged, and its commitments shall cease without any right to compensation whatsoever for the CUSTOMER.

ARTICLE 5 : PERSONAL DATA

In the event where personal data, as defined by article 4 of the RGPD, would be delivered to the CUSTOMER via the website commedi.fr, the present clause would be applicable.

The CUSTOMER is always responsible for the processing insofar as he is the natural or legal person who determines alone the purposes and means of the processing.

COMMEDI is always a subcontractor insofar as the company is the legal entity that processes personal data on behalf of the CUSTOMER, the controller.

The RGPD entails obligations to be respected by any person processing personal data. The CUSTOMER undertakes to process personal data in accordance with the rules laid down by the RGPD.

5.1 Obligations of COMMEDI as a subcontractor

The files made available to the CUSTOMER may contain the following personal information: Last name – first name – full postal address – email address – telephone (use of telemarketing voice and/or text messages).

COMMEDI guarantees its CUSTOMER that the data provided are compliant with the RGPD.

COMMEDI undertakes to keep the activity records mentioned by the RGPD.

COMMEDI guarantees the security of the transmission of the data made available to the CUSTOMER.

COMMEDI has appointed a DPO whose email address is the following: contact@commedi.net

5.2 Obligations of the CLIENT as data controller

The CUSTOMER, for its part, undertakes to process the data in accordance with the legal and regulatory provisions in force in the country where it is located.

The CLIENT undertakes to use the data for the purposes of customer management, prospecting and communication. No processing for political prospection purposes is allowed.

The CUSTOMER undertakes to provide all the information required at the time of the first communication in accordance with Article 14 of the RGPD.

The CUSTOMER undertakes to forward to COMMEDI any request for information, modification and/or deletion emanating from persons whose addresses have been rented within the framework of the present contract.

Specifically, the CUSTOMER is responsible for any processing performed by itself or one of its service providers. COMMEDI shall not be held responsible or liable for any use of the data covered by this contract that is contrary to the legislation in force in the country in which it is located.

In relations between professionals, consent is not required in the case of commercial prospection as long as these solicitations are related to the professional activity and/or function of the solicited person. The CUSTOMER undertakes to ensure that its campaigns are related to the professional activity of the prospects.

The CUSTOMER is solely responsible for responding to any request to exercise the rights of the involved individuals, whose data they have obtained from COMMEDI.

ARTICLE 6 : ORIGIN OF THE PROCESSED DATABASES 

COMMEDI does not collect data from individuals.

COMMEDI collects data directly in the field, without entering the private domain.

COMMEDI makes contracts with partners, who make their BtoB files available to COMMEDI to be marketed through the commedi.fr website.

COMMEDI collects, in compliance with the legislation in force, non-confidential public data on the Internet, solely within the professional framework, in order to improve its existing databases.

Within the framework of its partnerships, COMMEDI only deals with companies that expressly commit themselves, in writing, to respecting the legislation in force in the framework of personal data processing.

ARTICLE 7 : PRICE

All prices are in Euros and exclusive of tax. They are final.

VAT is applied at the rate in force at the time of the order.

COMMEDI reserves the right to modify the prices at any time, without prior notice and without further formality. However, the PRODUCTS ordered are invoiced at the price in effect on the day of the order.

Our prices are fixed prices, and do not take into account the number of information provided in the ordered base. The quantities indicated on the commedi.fr website are indicative, and correspond to a count at the last date of update of the commedi.fr website. COMMEDI databases are updated daily, and information is added or deleted continuously. The delivered databases are the product of an extraction from the most recent database. The delivered quantity may be lower or higher than the quantities indicated on the commedi.fr website, without ever exceeding a difference of more or less 10%. The CLIENT acknowledges that the conformity of the delivered PRODUCT shall not be assessed on the basis of the exact number of information delivered.

The CLIENT acknowledges having, prior to the acceptance of the order, had the possibility to check the details, the price, and to correct possible errors. The CUSTOMER agrees to pay the full price in cash when ordering.

A paid invoice is automatically sent by email after each purchase.

ARTICLE 8 : PAYMENT AND PROCESSING OF ORDERS

Delivery of addresses is subject to prior receipt of full payment of the order.

COMMEDI reserves the right to refuse any order without giving a reason. The order placed by a CUSTOMER, or on behalf of a third party, is strictly personal to the CUSTOMER and may not be transferred, even partially, whether free of charge or for a fee. COMMEDI also reserves the right to contact the CUSTOMER at any time in order to verify his identity and confirm the validity of his order.

Orders are produced upon receipt of the order and full payment.

Payments are made at the time of order by PayPal, bank transfer or bank check.

In the case of an order paid for by a method other than online payment with PayPal, the order is validated by COMMEDI Customer Service as firm and deliverable only if the order form issued by the CUSTOMER online on the site is received by COMMEDI Customer Service duly completed with the handwritten note “good for approval” and accompanied by its full payment including VAT.

This receipt of the quote by COMMEDI Customer Service must be effective within thirty (30) days from the date of its creation online on the site; otherwise, the order will be considered null and void and cancelled by COMMEDI Customer Service. In the event that the CUSTOMER, having exceeded the thirty (30) day period, places a replacement order, the latter will be carried out under the contractual and pricing conditions in effect on the date of the new order.

ARTICLE 9 : FORMAT, DELIVERY TIME AND LOCATION

The delivery of the PRODUCTS is done by the CUSTOMER’s downloading or by email in Microsoft Excel, Microsoft Access, CSV, KML and ESRI Shapefile formats.

The file is delivered after validation of the payment, in an average time of less than twenty-four (24) hours. The delivery time is given as an indication, and corresponds to the usual processing times.

The files will be available for download by the user for a duration of two (2) months after the purchase date.

ARTICLE 10 : RIGHT OF WITHDRAWAL

In accordance with Article L. 121-20-2 paragraph 1 (exclusions of the right of withdrawal) of the Consumer Code “The right of withdrawal can not be exercised, unless the parties have agreed otherwise, for contracts :
– Of supply of services whose execution began, with the agreement of the consumer, before the end of the seven clear days deadline “
(Ordinance no. 2001-741 of August 23, 2001 transposing Community directives and adapting to Community law in the area of consumer law)
Consequently, no refund will be made once an order has been delivered to the CUSTOMER by email or by downloading the file(s).

ARTICLE 11 : REFERENCES

COMMEDI shall have the right to quote in its communication the name of the CUSTOMER as a reference, unless the latter objects otherwise by registered letter with acknowledgement of receipt addressed to COMMEDI.

ARTICLE 12 : APPLICABLE LAW AND DISPUTE RESOLUTION

The present General Terms and Provisions of Sale, as well as all acts and transactions entered into pursuant to the present are subject to French law.

Any dispute concerning the right of use granted to the CUSTOMER and the application of the present general terms and provisions shall fall under the exclusive jurisdiction of the competent court of the registered office of COMMEDI.