General Terms and Conditions of Sale (GTCS) for TraceParts Services

1. Purpose

TraceParts SAS, located at Parc Eco-Normandie, 76430 Saint Romain de Colbosc, France and registered under SIRET 433 949 625 000 19 – VAT FR53433949625, hereinafter referred to as “the Company”, is a company specializing in digital marketing services for industry, worldwide.

These General Terms and Conditions of Sale, hereinafter referred to as “GTCS” or “GTC”, specify the terms of the sale of TraceParts services to the Client (or Customer), and express the entirety of the obligations and rights of both parties. All services provided by the Company are subject to these GTCS.

These GTCS may be modified at any time and without notice. The applicable GTCS will then be those in force at the date of the Customer’s request (date of the quote, or date of the order in case of services without a quote).

When placing an order with the Company, the Client or its legal representative declares that he/she has full legal capacity to commit himself/herself, and declares that he/she accepts the present GTCS without restriction or reservation.

2. Commercial proposal and order

Any service sold by the Company is subject to a prior commercial proposal. To confirm the order in a firm and final manner, the Client must return by e-mail to the Company this commercial proposal without any modification duly signed and dated with the mention “Good for order”.

The order will be validated by the Company only after receipt of the commercial proposal, which is valid as a contract, accepted and signed, accompanied by the requested payment.

In the absence of receipt of the Client’s agreement and the applicable payment, if any, or from the date of expiry of the quotation, the quotation proposal shall be considered cancelled and the Company shall be free to modify its content.

The Company also reserves the right not to register a payment and not to confirm an order.

3. Prices

The prices of the services are those detailed in the commercial proposal, accepted by the Client. They are indicated in the currency agreed with the Client, without any taxes applicable on the day of the order, and include any discounts that the Company may grant.

The Company may adjust labor rates from time to time and without advance notice.

4. Terms of payment

Upon acceptance of the commercial proposal, the Client shall pay for the order in accordance with the payment terms and conditions specified in the commercial proposal.

The non-payment of all or part of the payment on the due date automatically entails the full and immediate payment of all sums due. In accordance with the provisions of Article L 441-6 of the French Commercial Code, late payment penalties calculated on the basis of the ECB refinancing rate plus 10pp will be required on the amount including VAT, from the day following the settlement date shown on the invoice, without the need for a reminder. In the event that the sums due are paid after the date of payment appearing on the invoice, a fixed indemnity for collection costs in the amount of 40 euros will also be due.

Any delay in payment, beyond the due date as mentioned above, will automatically suspend the execution of the services, without this preventing the claim of the amount due. The reactivation of the services will be carried out once the payment is received.

5. Withdrawal – Complaints

After receipt of the commercial proposal as a contract, accepted and signed, the Client has no right of withdrawal.

6. Warranty and Liability

The use by the Client of the Company’s web platform and services must be carried out in accordance with the General Terms of Use (GTU) which are published on this web page: https://info.traceparts.com/legal/general-gtu/

If applicable to the Company’s services purchased by the Client, the personal data of the users that are accessible through the analytical reports provided by the Company shall be used in strict compliance with the Terms of Use that are published on this web page: https://info.traceparts.com/legal/tpa-user-data-gtu/

If the Company is found to be liable for any service provided, the maximum amount of compensation that may be paid to the Client shall in no event exceed the price paid by the Client for the service in question.

7. Availability of services

The Company provides its services on a secure Software as a Service (SaaS) platform, hosted in the cloud and whose terms of service and availability level (SLA) are defined on this web page: https://info.traceparts.com/legal/sla-for-catalog-services/.

8. Force majeure

The Company shall not be considered to be in default in the performance of its obligations and shall not be held liable if this obligation is affected, temporarily or permanently, by an event or cause of force majeure. In this respect, force majeure is any external, unforeseeable and irresistible event within the meaning of Article 1218 of the Civil Code, independent of its will and beyond its control.

9. Customer service

The Customer may directly contact the customer service department at the number and/or e-mail address communicated to him/her during the Company’s opening hours.

10. Processing of personal data

With a view to respecting the privacy of its customers, the Company undertakes to ensure that the collection and processing of personal information carried out when placing an order is carried out in accordance with EU Regulation nᵒ 2016/679, known as the General Data Protection Regulation (GDPR).

The Customer’s personal data are necessary for the processing and management of his order and for the improvement of the services and information that the Company sends him.

Thus, they may also be transmitted to the various departments of the Company that contribute to the execution of the services and orders for their management, processing and payment. Nevertheless, the Company will not communicate the personal data of its customers to third parties except with the consent of the latter, or if the law requires it.

In accordance with the above-mentioned laws, the customer has the right to access, rectify, oppose and delete any personal data concerning him/her by sending a request by email to dpo@traceparts.com.

For more information about the processing of personal data, the customer is invited to consult the TraceParts privacy policy: https://info.traceparts.com/legal/general-gtu/

11. Intellectual property

The Company’s services and solutions are protected by French law and international conventions on intellectual property. Any reproduction, modification or use that does not comply with the Code of Intellectual Property may be subject to criminal or civil proceedings. Any mention or use of trademarks, trade names, logos, colors, graphics, or other material licensed to or owned or registered by the Company is strictly prohibited without the prior written approval of the Company.

12. Applicable Law and Jurisdiction

The present General Terms and Conditions of Sale are governed by French law. For any dispute or litigation not settled amicably that may arise from them, only the Commercial Court of Le Havre shall have jurisdiction.

Last update: May 19, 2023