These General Conditions of Sale constitute, in accordance with article L 441-1 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which ANJOU AUTOMATION (“The Service Provider”) provides professional Customers (“The Customers or the Client”) who request them, via the Service Provider’s website, by direct contact or via paper, the following services:M2M SIM Card Subscription + Secure Link” (“the Services”) on its website ”www.anjou-data.com”.
They apply, without restriction or reservation, to all Services rendered by the Service Provider to Customers of the same category, regardless of the clauses that may appear on the Customer's documents, and in particular its general conditions of purchase.
The information appearing in the Service Provider's catalogs, prospectuses and prices is given for information purposes only and can be revised at any time.
The Service Provider has the right to make any modifications that it deems useful.
They will remain in effect until December 31, 2023.
It is recalled for all purposes that ANJOU AUTOMATION acts for the purposes hereof as an intermediary between the Operator and the Customer, and not as an Operator.
These general conditions of service provision apply, without restriction or reservation, to all Services provided to the Customer by ANJOU AUTOMATION, as described below.
As such, ANJOU AUTOMATION plays the role of intermediary between professional Customers using connected objects, manufacturers and electronic communications Operators.
ANJOU AUTOMATION is not an Operator operating an electronic communications network nor a provider of electronic communications services to the public; it relies on the electronic communications networks and services of Third Party Operators and depends on the quality of these networks and Services to provide its own Services under the terms of the Contract.
The Customer declares to have read these general conditions and to have accepted them by checking the box provided for this purpose on the site at the time of the order.
ANJOU AUTOMATION offers the Customer several Services as defined below. The choice of Services subscribed to by the Customer and their terms are specified in the Commercial Proposal.
The Customer declares that its connectivity needs in terms of electronic communication (voice, data, SMS) are consistent with the Services offered by ANJOU AUTOMATION as specified in the Commercial Proposal. It acknowledges that the use of the Services may not be appropriate for connecting medical devices and for transmitting data for monitoring individuals, which may require higher levels of security and availability than the Services offered by ANJOU AUTOMATION.
The Services offered comply with the regulations in force in France. ANJOU AUTOMATION cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are performed or used, which it is up to the Customer to verify.
Multi-operator SIM Cards allow, via Subscriptions, to ensure connectivity and access of Communicating Terminals to Operator networks.
Multi-operator SIM Cards allow, via Subscriptions, access to the various networks of local Operators for any type of use (Data, Voice, SMS).
ANJOU AUTOMATION provides the Customer with a list of countries and services by zone when ordering. This list depends on the roaming agreements of ANJOU AUTOMATION Operators.
It may be modified without notice by the Operators and therefore by ANJOU AUTOMATION without ANJOU AUTOMATION being held liable.
The different options and conditions linked to the SIM Cards and Subscriptions chosen by the Customer are detailed when ordering.
The Customer is solely responsible for choosing his SIM Card orders and Subscription subscriptions.
No modification or cancellation of an order for SIM Cards will be taken into account by ANJOU AUTOMATION after dispatch of the order by the Customer unless expressly agreed by ANJOU AUTOMATION.
Orders are placed exclusively online. An order is registered on the Service Provider's website when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates their order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
Taking the order into account and accepting it are confirmed by sending an email.
The data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.
The services are provided at the Service Provider's rates in effect on the day the order is placed, such as on the website "www.anjou-data.com", according to the Service Provider's scale and the quote previously established by the Service Provider and accepted. by the Customer, as indicated in the article “Orders” above.
Prices will be indicated excluding tax and including tax.
An invoice is drawn up by the Service Provider and given to the Client for each provision of Services.
The price of the Services may be revised automatically on the anniversary date of the Contract or amendments.
The conditions for determining the cost of services whose price cannot be known a priori or indicated with accuracy, as well as the method of calculating the price allowing the latter to be verified, will be communicated to the Client or will be the subject of a detailed quote. , at the Customer's request in accordance with the provisions of Article L 441-1,III of the Commercial Code.
The cost of the Services subscribed by the Customer may be increased by ANJOU AUTOMATION for any additional costs invoiced by the Operator in the event of calls and sending SMS to premium rate numbers including short and special numbers as well as all satellite numbers, and more generally , in the event of Abnormal Use by the Customer.
The first billing for each Subscription is established by integrating the entire month of activation of the Subscription as well as the following 11 months.
Termination of the Services subscribed for a fixed duration or a minimum commitment period results in full invoicing of the fees due until the expiration of the minimum commitment period or the fixed duration of each Subscription.
The price is payable in cash, in full on the day of provision of the Services ordered, under the conditions defined in the article “Terms of supply of Services” below, and as indicated on the invoice given to the Customer.
The invoicing terms are those defined in the Subscription Form and invoices are established by ANJOU AUTOMATION and sent to the Customer by email, or posted on the anjou-data.fr website, if applicable.
The Customer undertakes to immediately inform ANJOU AUTOMATION of any change to its bank domiciliation and necessarily before it becomes effective.
In accordance with current regulations, any amount not paid by the Customer by the due date provided above will give rise, without prior reminder, to the payment of late payment penalties. These penalties will be automatically and automatically acquired by ANJOU AUTOMATION, without any formality or prior notice. They run from the day following the scheduled payment date until full payment of the amount due by the Customer.
In addition, a fixed compensation for recovery costs, in the amount of 40 euros, will be due by the Customer automatically and without prior notification in the event of late payment. ANJOU AUTOMATION reserves the right to request additional compensation from the Customer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
Late payment will result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that ANJOU AUTOMATION would be entitled to take, in this respect, against the Customer.
ANJOU AUTOMATION also reserves the right to suspend the provision of the Services or to terminate the Contract.
In addition, in the event of a payment incident, ANJOU AUTOMATION may also require the provision by the Customer of any new guarantee that it deems useful.
The Services ordered by the Customer will be provided within a maximum period of "60 days", under the conditions provided for in these General Conditions of Sale, to the address indicated by the Customer when ordering on the website "www.anjou-data.com”.
This deadline does not constitute a strict deadline and the Service Provider cannot be held liable towards the Client in the event of a delay in the provision of the Services not exceeding “60 days”. In the event of a delay of more than 120 days, the Customer may request cancellation of the sale.
The deposits already paid will then be returned by the Service Provider.
The Service Provider's liability cannot under any circumstances be incurred in the event of delay or suspension of the provision of the service attributable to the Client, or in the event of force majeure.
The Services will be provided to ”www.anjou-data.com »
The provision of the Services may take place at any other location designated by the Customer, subject to “Prior Notice” and within a period of “15 days”, at the exclusive expense of the latter.
Likewise, in the event of a specific request from the Client concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to additional specific invoicing, based on a quote previously accepted by the Client.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, they will be deemed to conform to the order, in quantity and quality.
The Client will have a period of “14 days” from the provision of the Services to issue, in writing, such reservations or complaints, with all the supporting documents relating thereto, to the Service Provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify the Client (to the extent possible) as quickly as possible and at its expense, according to the appropriate terms and conditions approved by the Client, the Services for which the lack of conformity has been duly proven by the Client.
In the event of a specific request from the Client concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to additional specific invoicing, based on a quote previously accepted by the Client.
The Service Provider guarantees, in accordance with legal provisions, the Client, against any lack of conformity of the Services and any hidden defect, resulting from a fault in the design or supply of said Services to the exclusion of any negligence or fault of the Client.
ANJOU AUTOMATION undertakes to:
ANJOU AUTOMATION is bound by an obligation of means in the execution hereof.
The Services relate to a particularly complex field of technology, in the current state of knowledge, dependent and limited by the technical possibilities offered by the Operators or Suppliers partners of ANJOU AUTOMATION. As such, ANJOU AUTOMATION does not guarantee:
To the fullest extent permitted by applicable law, the limitations and exclusions of liability provided herein apply, regardless of the basis of liability.
ANJOU AUTOMATION cannot be held responsible in the event of:
ANJOU AUTOMATION is responsible for the direct personal damage of the Customer, certain and proven, which is attributable to it within the following limits:
All brands, distinctive brand elements, domain names, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer elements which could be used to operate the Services and the website of ANJOU AUTOMATION, and more generally all elements reproduced or used in the Services are protected by the laws in force regarding intellectual property.
They are the full property of ANJOU AUTOMATION. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of ANJOU AUTOMATION, is strictly prohibited. The fact that ANJOU AUTOMATION does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.
The Service Provider's liability can only be incurred in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage, of any nature whatsoever.
ANJOU AUTOMATION cannot be held responsible under any circumstances, in particular:
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of the defects within a maximum period of “14 days” from their discovery. .
The Service Provider will rectify or have rectified, at its exclusive expense, according to the appropriate methods and approved by the Client, the Services deemed defective.
In any event, in the event that the Service Provider is held liable, the Service Provider's guarantee will be limited to the amount excluding tax paid by the Client for the provision of the Services.
As the execution of the Contract requires close and regular collaboration between the Parties, the Client must make available to ANJOU AUTOMATION all the information and documents in its possession that ANJOU AUTOMATION may need in the context of the execution of the Services.
The Client undertakes to:
The Client guarantees that it has the skills, hardware and software required for the use and security of the Services; having provided ANJOU AUTOMATION with all the information necessary for ANJOU AUTOMATION to provide Services adapted to its needs.
The Client guarantees ANJOU AUTOMATION on first request against all recourses, claims and proceedings which could be brought by the Client's co-contractors or any third party on any basis whatsoever, relating to its use of the Services. As such, the Customer must compensate ANJOU AUTOMATION for damages awarded against it.
The Client also guarantees ANJOU AUTOMATION on first request against any legal or factual problems and any damage resulting from its use of the Services.
These stipulations are without prejudice to ANJOU AUTOMATION's right to terminate the Contract or request compensation for any damage.
The Customer is required to check the apparent condition of the SIM Cards upon delivery. It is up to him to issue reservations in the event of damage or missing items and/or defects, and possibly to refuse the SIM Cards and to notify ANJOU AUTOMATION and the carrier within three (3) working days by registered mail with acknowledgment of receipt.
In the absence of reservations expressly expressed in writing by the Customer within the above deadlines and forms, the SIM Cards are deemed to conform in apparent quantity and quality to the Customer's order and no complaint can validly be expressed.
In the event that reservations are validly expressed and proven, the Customer will organize returns at his own expense and under his sole responsibility.
ANJOU AUTOMATION will replace the SIM Cards with a new shipment.
The placement and installation of SIM Cards are, in any case, the responsibility and responsibility of the Customer.
The SIM Cards given to the Customer by ANJOU AUTOMATION as a loan for use allow the sending and receiving of national and international electronic communications according to the conditions defined by the Commercial Proposal.
The SIM Cards, placed under the custody and responsibility of the Customer, remain the exclusive property of the Operator who may replace it at any time:
The Customer is solely responsible for the use and conservation of the SIM Cards given to him.
The Client is prohibited from:
In the event of contrary use of the SIM Card, ANJOU AUTOMATION reserves the right to suspend or terminate the Services under the conditions provided below.
SIM Cards remain the exclusive property of the Operators. Consequently, the Customer must oppose any attempt to requisition and seize SIM Cards.
Any excess of Data or SMS in addition to the initial offer proposed by Anjou Automation will be invoiced by the company Anjou Automation according to the price scale in force at the time of the excess and subject to invoicing independent of the current contract.
The Customer will bear all risks of loss, theft, destruction and damage caused to SIM Cards whatever the cause and whether or not the risks are covered by the insurance taken out by the Customer.
In the event of damage to a SIM Card, the Customer must:
The Customer is responsible for the use of the SIM Cards given to him and for the payment of all communications made before their termination, without exception.
The Customer's liability is released from the date of termination of the SIM Card.
In the event of a dispute over the termination date, this is deemed to have taken place on the date of receipt of the termination email or letter.
The Customer will be solely responsible for the consequences of untimely termination whatever the form. ANJOU AUTOMATION cannot be held responsible for the consequences of an inaccurate declaration or one that does not come from the Customer.
Subscribing to a new Subscription and ordering a new SIM Card by the Customer following a disaster gives rise to the billing of activation fees for the new SIM Cards according to the conditions provided for at the time of the order.
Personal data collected from Customers is subject to computer processing carried out by the Supplier. They are recorded in their Customers file and are essential for processing their order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any guarantees that may apply.
The data controller is the Supplier. Access to personal data will be strictly limited to employees of the data controller, authorized to process them by reason of their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the Client's authorization being necessary.
As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation regarding the protection of personal data. Apart from the cases set out above, the Supplier undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the Customer, unless forced to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customer will be informed and guarantees will be taken in order to secure the data (for example, membership of the external service provider to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.
In accordance with the applicable regulations, the Buyer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights that he can exercise this by contacting the data controller at the following postal or email address: “880 Rue Léo Baekeland – 85290 MORTAGNE SUR SEVRE – FRANCE”. In the event of a complaint, the Customer may send a complaint to the Supplier's personal data protection delegate of the National Commission for Informatics and Liberties.
The duration of each Service subscribed to by the Customer is planned at the time of the initial order.
For Services subscribed for an indefinite period, either Party may terminate the Service at any time by giving a reasonable notice period, subject to the stipulations below.
For Services subscribed for a fixed period or accompanied by a minimum commitment period, the Parties may only terminate said Service at the end of this period. In any event, all royalties due until the expiration of the minimum commitment period or the fixed duration of each Service will remain due to ANJOU AUTOMATION in the event of early termination by the Customer.
It is specified that this stipulation cannot be qualified as a penalty clause because its purpose is to preserve the contractual balance initially desired by the Parties.
Subscriptions come with a minimum irrevocable commitment period of one year from activation of the SIM Card.
From the date of the order, the Service is therefore concluded for a period of one year.
It will then continue by tacit renewal for periods of one year, unless denounced by one of the parties, respecting a notice period of at least 3 months before the end of the current period, notified by registered letter with acknowledgment of receipt.
In the event of failure by the Customer to fulfill one of its obligations, ANJOU AUTOMATION, after formal notice sent by registered mail with acknowledgment of receipt, remains without effect for fifteen (15) calendar days, unless otherwise mentioned on the formal notice, after receipt, may terminate the contract at the sole fault of the Customer without prejudice to any damages that may be claimed from him.
If the consequences of the Customer's breach are clearly irremediable, ANJOU AUTOMATION may terminate the Contract without prior notice, upon simple notification by registered letter with acknowledgment of receipt.
Subject to compliance with specified durations or minimum engagement periods for certain Services, in the event of termination of the Contract, all of the Services subscribed to by the Client will also end. The Parties will then be released from all commitments arising from the Contract, subject to the clauses which by their nature are intended to survive its termination.
Termination of the Contract, in whole or in part, in no way releases the Client from any payment obligations that may have arisen before said termination.
In the event of termination of the Contract due to the Client's fault during the fixed term or minimum engagement period for the Services, the Client remains liable for all sums due for the minimum engagement period or the fixed term. of said Services.
The termination of a Service subscribed for a specific or indefinite period does not result in the termination of the Contract.
ANJOU AUTOMATION reserves the right to suspend the Services in whole or in part in the following cases:
This suspension will be carried out after formal notice sent by any means to the Customer, which remains without effect five (5) calendar days from its sending, unless otherwise mentioned in the formal notice or, without prior notice in the event of Abnormal Use of the Services.
This suspension does not prevent ANJOU AUTOMATION from terminating the Contract.
Access to the Services may be suspended in the event of a force majeure event.
Cases of force majeure are understood to be any events beyond the control of the Party relying on them, which could not be reasonably foreseen when the Contract was concluded, the effects of which cannot be avoided by appropriate measures and which prevent the execution of its obligation by this Party, the events listed exhaustively below:
In the event of force majeure, the Party relying on it must inform the other Party of its inability to perform its obligations as soon as it becomes aware of such an impediment, and may suspend performance of the Contract. This suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Beyond a suspension of more than 180 days, the impediment will be considered permanent. If the impediment is definitive, the Contract may be terminated automatically by the Party taking advantage of it with immediate effect, without the other Party being able to claim any compensation.
The relationship between the Parties being "intuitu personae" with regard to the Client, it is prohibited, on the one hand, to transfer, for any reason and in any form whatsoever, for payment or free of charge, any of its rights and obligations to a third party.
The Client may under no circumstances make the Services available to a third party for a fee or free of charge, without the express prior written consent of ANJOU AUTOMATION.
Likewise, in the event of a modification which could occur in the person of the Customer, such as for example, merger, split, absorption, partial contribution of assets, assignment, transfer to a subsidiary, ANJOU AUTOMATION must be informed prior to the completion of the one of the above operations and may, if it so wishes, terminate the Contract, or accept the Client's request for transfer of the Contract.
The “intuitu personae” being not reciprocal, the modifications which could occur in the person of ANJOU AUTOMATION, such as for example, merger, division, absorption, partial contribution of assets, assignment, transfer to a subsidiary and any other legal or commercial agreement with a third party, would have no effect on the existence or execution of the Contract.
The Client authorizes ANJOU AUTOMATION to present him as a user of the Services.
The Customer acknowledges and accepts that ANJOU AUTOMATION (including its subsidiaries and partners) may list the name of its company, its logo and the description of its activity as a reference in a customer list which may be distributed for prospecting and marketing purposes. promotion both internally and externally, by all means and in particular within all public communication services by paper or electronic means and in particular on its website.
The nullity or inapplicability of any of the stipulations of the Contract will not entail the nullity of the other stipulations which will retain all their force and scope.
However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
In the absence of agreement between the Parties, at the latest after the expiration of a period of two (2) months, the clause will be deemed null and void without affecting the other clauses of the contract.
These General Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.