1. FIELD OF APPLICATION

    The present general conditions of sale are applicable to all the sales carried out by BUSINESSCOOT.

    The present general conditions of sales are expressly approved and accepted by the Customer who declares and admits having a perfect knowledge of them.

    Consequently, the fact of placing order of one or more products near BUSINESSCOOT implies the whole adhesion and without reserve of the Customer to the present general conditions of sale, representing the whole of the stipulations applicable to the sales concluded by BUSINESSCOOT, with the exclusion of all other documents such as prospectus, catalogs, emitted by BUSINESSCOOT, and which have only an indicative value.

    Any contrary condition opposed by the Customer will thus be, in the absence of express acceptance, inopposable to BUSINESSCOOT.

    The fact that BUSINESSCOOT does not prevail, of any of the clauses of the present general conditions of sale, cannot be interpreted as being worth renunciation to prevail itself later on of any of these conditions.

    BUSINESSCOOT reserves the right to exclude from the site www.businesscoot.com any User who would not respect the GTC, and this whatever the noted failure. This right of exclusion is not exclusive of the right of the Company to undertake legal measures against the offenders.

    The GTC may be modified by the Company at any time and without notice. In such a situation, the Company undertakes to publish a warning mentioning the existence of modifications during a period of one month as from the publication of the new GTC.

  2. DEFINITIONS

    Sectoral sheet: means the sheets produced by BUSINESSCOOT, in the form of a web page, containing for a given sector of activity all or part of the following information:

    • the list of the main companies identified in the sector of activity and on the studied geographical area,
    • the list, in the form of web links, of studies and analyses, with free or paying access, collected on the Internet around the subject, with a commentary,
    • a collection, in the form of web links, with comments, of relevant sources and information identified on the Internet around the sector of activity: press or specialized sites, forums, events, portals,
    • a classification and comments made by BUSINESSCOOT analysts.

    Qualification form: means the form provided by BUSINESSCOOT to the Customer and completed by the latter with a view to placing an order for a sectoral form. It includes in particular the title of the sector of activity and an additional qualification.

    Customer : means any legal entity or individual placing an order with BUSINESSCOOT for a Sector File.

    Editor: means a company or an individual producing a report sold on the site www.businesscoot.com

    Sectorial files on request: Sectorial file whose subject is initially defined by the Customer by filling a Form of qualification then confirmed by the Company.

    Reports: refers to the sectorial studies, market studies or paying reports available for sale on the site www.businesscoot.com and carried out by partners Publishers.

    User: means any person (legal entity or individual) registered on the site www.businesscoot.com and its affiliated sites.

    Company: BUSINESSCOOT SAS, registered with the RCS of Paris under the number B 519066252 and domiciled 201 rue Championnet - 75018 PARIS.

  3. NATURE OF THE SERVICES PROVIDED

    BUSINESSCOOT prepares and offers its customers sectoral files whose purpose is to inform its customers about a sector of activity. BUSINESSCOOT also sells Editors' Reports on the site www.businesscoot.com which operates 24 hours a day and 7 days a week. However, the Company reserves the right, at any time, to modify, suspend or interrupt, temporarily or definitively the operation of the Site.

    The Reports presented in a catalog can be purchased directly on the site www.businesscoot.com at the price including all taxes displayed on the site. The price of the Report ordered will be the one in effect at the time the order is placed.

    Sector reports can also be produced on request ("sector report on request") by the Businesscoot teams.

  4. ORDERS

    Once selected, the reports are ordered and paid for directly on the Site.

    Anyone wishing to order an On-Demand Sector Report must first fill out a Qualification Form with a precise indication of the sector of activity on which they wish to have the research carried out. To be valid, the order of a sectorial File on request must be the subject of a confirmation by BUSINESSCOOT. Once confirmed, the Customer carries out the payment of its Sectoral File on request on the site. The order is then final and cannot be modified or cancelled without the prior written agreement of BUSINESSCOOT.

    BUSINESSCOOT reserves in particular the faculty not to accept the orders whose Sector of activity would not be sufficiently defined or qualified by the Customer.

  5. DELIVERY

    1. Time of delivery

      The reports are provided under 2 working days as from the payment of the order.

      BUSINESSCOOT undertakes to provide the Customer with the sectoral sheet on request within 7 days from the payment of the order. However, this time is given as an indication. The overtaking of time cannot give place to damages, withholding or cancellation of the orders in progress.

    2. Terms of delivery

      The Report will be considered delivered as soon as the Customer has received his Login and password to access his Customer Area or an email with a link to the Report ordered.

    3. Disputes

      The Customer has a period of 7 clear days from the date of receipt of the Report to make any claims relating to a lack of conformity between the content of the Report and the stipulations of the order form.

      The complaints will have to be addressed to BUSINESSCOOT by email to the following address: info@businesscoot.com.

      Passed this time, no complaint could be taken into account.

      If the complaint proves to be founded, BUSINESSCOOT will provide the Customer, without additional expenses, a new Report in conformity with the request of the Customer or will refund the Customer.

  6. INTELLECTUAL PROPERTY

    The delivery to the Customer of a Report or the consultation of a Sector File does not confer any intellectual property right, of any nature whatsoever, to the benefit of the latter. BUSINESSCOOT and the Editors remain exclusive owners of all the copyrights attached to the Reports and Sector Sheets given to the Customer and consequently reserve the right to market each of the Reports and Sector Sheets of which they are the authors to any other Customer who would request it.

    The Customer does not hold any intellectual property rights on the ordered reports, he only has the right to :

    • to consult them on his Customer Space during the period of availability,
    • to make copies of them for his own private use only.

    The Users commit themselves to reserve the rights they hold from the use of the Site for a strictly private use, for their own needs. Thus, they shall refrain from reproducing, publishing, circulating, storing, distributing, duplicating or reselling the information obtained from the Site. Any behaviour to the contrary exposes them to legal proceedings.

    No reproduction, even partial, other than those provided for in Article L.122-5 of the Intellectual Property Code, may be made of this Site without the prior and express authorization of the Company.

    The content of the Site is protected by national and international laws and regulations on copyright.

  7. FINANCIAL CONDITIONS

    1. Price

      The unit price of the Reports is available on request from BUSINESSCOOT or on the site www.businesscoot.com.

    2. Payment

      The reports are paid by credit card, paypal, check or transfer on the site www.businesscoot.com and give rise to the emission of an invoice.

    3. Late payment

      Any delay in payment will give rise to the application of late payment penalties, without prior notice, at the rate of 3 times the legal interest rate.

      The Customer will also bear all the expenses incurred by BUSINESSCOOT for the recovery of unpaid sums.

      In addition, any formal notice to pay which has remained unsuccessful within a period of 48 hours following the first presentation of the formal notice letter will also give rise to the payment of an indemnity, as a penalty clause, of a sum equal to 15% of the sums remaining due, independently of the late payment penalties and the reimbursement of the costs incurred for the recovery of the debt.

      In any assumption, in the event of a default of payment with the expiry even partial, BUSINESSCOOT will be able to suspend all the orders in progress, and to prevail itself of the immediate exigibility of all sums due by the Customer.

  8. RESPONSIBILITY

    1. The Reports are strictly personal to the Customer and can be used only by the latter. The Client is in no way authorized to transfer or distribute the reports and/or their contents on any medium and in any manner whatsoever.

    2. The sectorial sheets contain Internet links allowing access to sources and information identified on the Internet about a given sector.

      BUSINESSCOOT is in no way responsible for the content of the links to which each Sector Sheet refers.

      In the same way, the handing-over of a sectorial File does not confer to the Customer any intellectual property right, of some nature that it is, on the contents of the links to which refers each sectorial File.

      Access to these links is consequently intended for strictly private use, non-copyable and access to which is limited to internal use by the Customer. The Customer is responsible, if necessary, for obtaining the necessary authorizations for the distribution or reproduction of the content of the said links.

      Generally speaking, any redistribution of the information contained in the Sector Sheets for strictly private use is the responsibility of the Customer who must put in place the necessary security measures with his staff. Similarly, BUSINESSCOOT cannot be held responsible for fraudulent or misappropriated use of the information contained in the Sector Sheets.

    3. The Sector Sheets are intended solely for the information of the Customer. BUSINESSCOOT strives to provide the most relevant information possible. However, BUSINESSCOOT is only bound by an obligation of means and the possible omissions in the selection of the data reproduced in each Sector Sheet could not be regarded as a non-performance by BUSINESSCOOT of its obligations and its responsibility could not be committed on this basis.

      In general, no guarantee, of any nature whatsoever, is granted by BUSINESSCOOT concerning the state, the appropriate character, the availability, the accuracy, the reliability and/or the absence of forgeries of the information contained in the Sector Sheets.

      The Customer discharges BUSINESSCOOT of any responsibility and guarantees it from all the condemnations which could be pronounced following the use of the Sector Sheets. These exclusions of responsibility apply to any direct or indirect damage which would result from the use of the Sector Sheets.

  9. PERSONAL DATA

    In accordance with the Law, the Site has been declared as an automated processing site for personal information.

    The Site saves all the data and the Users give their consent to the use of the nominative data collected in the context of their registration. In accordance with the French law n 78-17 called "Informatique et Libertés" of January 6, 1978, the Users have at any time a right of access and rectification. To do so, they can contact the Site's customer service by clicking on the "Contact" tab.

    The Site undertakes to respect the privacy of its Users. It is forbidden to use the nominative information that is communicated to it for any other purpose than the improvement of the Site and the service provided.

    The other data communicated by the Users will not be transmitted to Third Parties without the express consent of the Users.

    However, in all cases in which the Company has reason to believe that a User has infringed the intellectual property rights of a Third Party in any way, it may transmit the contact information of the offending User to that Third Party. Likewise, the contact information provided may be transmitted for legal and/or judicial reasons at the request of the authorities entitled to request such transmission in accordance with the law.

    In order to allow the proper functioning of the Site, it collects information, among other things, by means of IP data and cookies. The purpose of this information is to enable the Site and the services offered to be adapted to the needs of the Users and to facilitate the use of the Site.

  10. APPLICABLE LAW - DISPUTES

    All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.

    In the event of a dispute relating to the contract, the parties shall endeavor to reach an amicable settlement.

    If the dispute persists beyond a period of 10 days, it will be submitted to the Commercial Court of Paris.