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General Terms and Conditions of Sale
Definitions
Within the framework of these General Conditions of Sale, the term :
GTU : Refers to these General Terms of Use of the Site
GTCS : Refers to these General Terms and Conditions of Sale
Customer or User : Means any natural or legal person using the Site and the Services offered there
Account or Customer Account : Refers to the Customer’s account allowing access to the Services offered and including any information communicated by it
Personal space : Refers to the User’s personal interface
Parties : Refers to YVEA and the User
Services or Services : Refers to all services offered by the Site and allowing the User to use the virtual assistant in the outsourcing of the administrative management of logistics and supply chain
Website : means the website accessible at https://www.yvea.io
Company or Service Provider : Designated the company YVEA, SAS with a capital of 1,000 €, whose registered office is 128 boulevard de la Libération 13004 Marseille, registered with the RCS of Marseille under number 914 285 259
ARTICLE 1. Scope of application
These General Terms and Conditions of Sale govern without restriction, or reservation, all contractual relations between the company YVEA, and any natural or legal person who acts in the context of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf of another professional, and who wishes to use the Services offered by the Service Provider.
They are applicable to all the Services accessible from the Site regardless of the clauses that may appear on the Customer’s documents, and in particular the General Terms of Purchase, with the exception of the Marketplace of the Site, which is the subject of specific Terms of Use.
ARTICLE 2. Acceptance and enforceability of the GTCS
The Customer may not place any order without first declaring that he has read and accepted these GTCS, by ticking the box provided for this purpose before the implementation of the online order procedure of the Site.
The Company reserves the right to modify the GTCS at any time. They will then be applicable as soon as they are put online. As such, the User is invited to read these GTCS regularly.
They may be supplemented where appropriate, by conditions of use specific to certain Services or Customers. In case of contradiction, the special conditions prevail over the general conditions.
The fact that the Service Provider does not avail itself at a given time of any of the provisions of these GTCS cannot in any way be interpreted as a waiver on its part to avail itself of it later, including not immediately claiming late payment.
If one or more stipulations of these GTCS are held invalid or declared such under a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 3. Description of Services
3.1. List of Services
The Services offered by the Company are the Services appearing on the Site and having the characteristics and functions described on the said Site.
Although this list is not exhaustive, the Site allows the User access to the following Services :
1) Simulation of the customs nomenclatures applicable for the purpose of verifying the conformity of products before embarkation to, in particular, the following countries :
- Algeria, Botswana, Cameroon, Congo, Ivory Coast, Gabon, Ghana, Egypt, Ethiopia, Libya, Mauritania, South Sudan, Tanzania, Zanzibar, Zimbabwe;
- Estimate of the cost of the certificate of conformity (CoC excluding taxes);
- Assistance in the preparation of the application for a certificate of conformity and cost estimate;
- Transmission to the competent certification body and management of the application.
2) Provision of a chatbot to obtain answers to questions and requests from the User on administrative procedures and international trade (export) and assistance in entering for the performance of the Services.
3) Assistance in registering the address book on the Site : service providers, buyers and inspection sites, certification bodies.
4) Storage of the documents communicated by the Customer on his Personal Space for the purpose of compiling his file of application for certificate of conformity, according to the conditions and modalities provided for in the data protection charter available on the Site.
5) Contact with an YVEA Expert via the contact page on the Site.
Concerning customs nomenclatures, the information given by the Site comes from the websites of representative bodies. These bodies may change their information at any time, taking into account the legislation of each country to which it is addressed. The Service Provider cannot therefore, under any circumstances, be held responsible for an erroneous simulation.
The Service Provider reserves the right to change the content of the Services, but undertakes to retain the existing functionalities. It can therefore improve these features and/or propose new ones. If new features are integrated into the Services, the Client will benefit from them at no additional cost, unless the Service Provider decides to offer them as paid options, in which case the Client will have to subscribe to the options to benefit from them.
3.2. Terms of provision of the Services
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Client as soon as possible, it being specified that the Client declares to be fully informed that the Service Provider is bound only by an obligation of means.
3.3. Customer Obligations
In order to facilitate the proper execution of the Services, the Client undertakes to :
6) provide the Service Provider with complete, accurate and timely information and documents without requiring the Service Provider to verify their completeness or accuracy;
7) notify the Service Provider directly and without delay of any difficulties relating to the performance of the Services.
The Service Provider cannot be held responsible for the delay caused by the Client’s behaviour, which would delay the transmission of the required documents or additional documentation requested, as well as the processing times of the certification body.
The Customer’s attention is particularly drawn to the fact that it is advised to use the certificate of conformity as soon as possible after its issuance, taking into account the risks of changing national laws and/or tariffs, who may intervene and for which the Service Provider cannot be held responsible.
No complaint will be accepted by the Service Provider in the event of non-compliance with the procedures, formalities and deadlines by the Client.
In the absence of reservations or complaints expressly issued by the Customer within a maximum period of 48 hours from the realization of the Services at : [email protected], these will be deemed to comply with the order in quality and quantity.
ARTICLE 4. Ordering of certificates of conformity
The procedures for obtaining certificates of conformity are as follows :
- After creating his Customer Account in accordance with the TOU, the Customer fills in the requested information in order to allow the simulation of customs classifications and the simulation of the cost of the certificate of conformity.
- Once the documents required for the creation of the request for a certificate of conformity have been submitted, the Client may mandate the Service Provider to transmit the request for a certificate of conformity to the certification and management body. In this case, he can view the amount of the certificate.
- The Customer may opt for express processing using expedited processing available at certain destinations, and at an additional cost.
- Once the file has been assigned by the Client, he will be automatically redirected to his personal dashboard, which will allow him to follow the progress of his file.
- The order will only be considered valid after full payment of the price.
- The Customer must pay the invoice by bank transfer and provide proof of this payment before receiving his certificate.
The Customer is obliged to check the accuracy of the order and immediately report any errors to the Service Provider.
He can follow the evolution of his order by consulting his Personal Space.
The Service Provider reserves the right to refuse or cancel any order issued by a Customer with whom there is a dispute relating to a previous order, and in particular the payment thereof.
ARTICLE 5. Price
The prices of the Services appear on the Site and are indicated to the Customer when registering his order.
Concerning the use of the chatbot, the Customer has the possibility of subscribing to a subscription/ various subscription formulas, the details of which appear in the price list of the Service Provider.
Prices are in Euros, excluding VAT and VAT.
The rates are firm and not revisable during their period of validity. They take into account any reductions that may be granted by the Service Provider.
The Customer is informed that the price of the Services does not include :
8) the amount of the certificate of conformity which is fixed by the government of the country of destination of the products according to the nature and quantity of said products, outside any intervention of the Service Provider,
9) processing costs,
10) shipping, transport and delivery charges,
11) customs duties and other local taxes or import duties or, in general, any State duties, taxes, etc... which may be applied according to the country of destination of the goods.
The summary of the order before payment clearly shows the price of the Services, the cost of the certificate of conformity and other costs (processing, shipping, etc.).
A final invoice is drawn up by the Service Provider and sent to the Client after the provision of the Services.
In the event of special requests from the Client concerning the conditions of supply of the Services duly accepted in writing by the Service Provider, the costs related to these requests will be subject to a specific additional charge.
The Customer is informed that the legislation of the countries receiving the products that require a certificate of conformity is subject to change at any time. The cost of said certificate may therefore be modified at any time, the Service Provider cannot be held responsible.
In order to limit the risks associated with this change in pricing, the Customer is invited to use the certificate of conformity as soon as possible after obtaining it.
ARTICLE 6. Payment terms
The price is payable by bank transfer to the bank details shown on the invoice sent to the Customer, by payment card, by the STRIPE platform or by any other means indicated.
Payment must be made within a maximum of 30 days from receipt of the invoice. After this period, the order will be cancelled, and the Services cannot be provided to the Customer.
The certificate of conformity will be sent to the Client upon transmission of proof of the transfer to the Service Provider by email or any other means of communication agreed between the parties.
Payments made by the Client will be considered to be made after actual collection of the sums due by the Service Provider.
Regarding the chatbot subscription, payment is made monthly and in advance. The subscription can be cancelled at any time by registered letter AR or by email to the address: ………….. with 30 days' notice, any month started being fully in.
Payment data and transfer information will be treated confidentially and securely by the Service Provider.
ARTICLE 7. Right of withdrawal
As a professional, the Customer has no right of withdrawal. The contract is therefore concluded definitively as soon as the order is placed by the Customer in accordance with the terms set out in the GTCS.
However, if the Services do not fall within the Customer’s main scope of activity and he employs less than six employees, he has a right of withdrawal for a period of 14 days, in accordance with the provisions of Article L.221-3 of the Consumer Code. He may exercise his right of withdrawal by any unambiguous means, provided that the Services have not already been performed by the Service Provider.
ARTICLE 8. Warranties
The Service Provider cannot be held responsible for temporary difficulties or impossibilities of access to the Site and the Services which may be due to circumstances external to it, force majeure, or that would be due to disruptions to telecommunications networks.
The Service Provider’s commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use. To this end, the Service Provider will assign to the performance of the services professionals with the skills required to ensure their realization in accordance with its quality standards and the adequate material means to provide quality Services.
In the absence of reservations or complaints expressly issued by the Customer within a maximum period of 48 hours from the realization of the Services at : [email protected], these will be deemed to comply with the order in quality and quantity.
ARTICLE 9. Intellectual Property Warranty
The Service Provider guarantees that it has all the intellectual property rights to provide the Services, and that these Services do not infringe the rights of third parties, nor constitute an infringement of a pre-existing work.
The Service Provider guarantees the Client against any infringement action that may be brought against it by any natural or legal person exercising an intellectual property right relating to the Services.
ARTICLE 10. Provider's Liability
The Service Provider’s liability in respect of any breach, negligence or fault arising out of the performance of the Services shall be limited to the amounts paid in respect of the services in question, in order to cover claims of any kind (interest and costs included)regardless of the number of actions, grounds or parties to the litigation.
This provision shall not apply to any liability that is prohibited by law from being excluded or limited. The Service Provider’s liability can only be incurred in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damage of any nature whatsoever.
Furthermore, the Service Provider cannot be held liable in the following cases :
- following a failure or deficiency of a Service for which it is not responsible for providing or delivering it;
- for facts and/or data that do not fall within the scope of the Services, and/or are not an extension thereof;
- in the event of late use of the results of the Services, for a purpose or in a context different from that in which it took place, the incorrect implementation of the recommendations or the failure to take into account the Service Provider’s reservations.
The Client shall be liable for damages suffered by the Service Provider or by third parties as a result of its actions. It shall be obliged to guarantee the Service Provider any recourse by third parties as a result of its actions.
ARTICLE 11. Personal Data
In accordance with regulation no. 2016-679 dated 27 April 2016, known as the GDPR on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Service Provider has set up a personal data protection charter that can be consulted at the following address: ……………. , which the Customer acknowledges having read prior to placing any order.
ARTICLE 12. Intellectual Property
The Service Provider reserves all rights, title and interest in :
- the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or any other acts carried out within the framework of the Services, including without limitation, any copyright, trademark and other intellectual property rights relating thereto and;
- all methods, processes, techniques, developments, and know-how, including in particular in the Site, that the Service Provider may develop or provide as part of the Services.
The Customer shall refrain from distributing, marketing, and more generally making available or conceding the use of these same achievements and more generally conceding the use of these same elements to third parties without the agreement of the Service Provider.
The documentation (templates, legal texts, etc.) made available to the Client is intended exclusively to be used to constitute the application file for a certificate of conformity. Any other use, including the provision or communication to third parties by the Customer, whether commercial or free, is prohibited and liable to prosecution, in accordance with the Intellectual Property Code.
The use of these documents by the Client is no longer authorized after the end of the Services for any reason whatsoever.
The above provisions are also applicable to the statements produced by the Site in the form of files in excel, pdf, or other. In addition, these files may under no circumstances be used as templates for the management of another compliance certificate application folder than the one for which the Customer Account was opened.
The Customer is prohibited from :
- remove or modify the information relating to the Service Provider’s ownership on the Site,
- make the Site or components resulting from the Services available to third parties other than those whose access to the Services has been expressly authorized,
- modify, create derivative works, disassemble, decompile, reverse engineer, reproduce, republish, download any part of the Services, and more generally to access or use the Services in order to build or directly provide a competing service.
Neither party may mention or use the name, name, trademarks, logos or other names, commercial or otherwise, of the other party without the prior written consent of the latter. By way of derogation from the foregoing, the Service Provider may make use of the name, name, brands and logos of the Client during the contract to the extent strictly necessary for the performance of the Services, including in subsequent Service proposals. In addition, the Service Provider is authorized, unless the Client expressly advises otherwise, at the end of the performance of the Services, to quote its name/name as a reference and to accompany this quotation, if applicable, with a generic description of the Services performed.
ARTICLE 13. Force majeure
The parties shall not be deemed to have breached their obligations if they are prevented from performing all or part of them following a case of force majeure within the meaning of Article 1218 of the Civil Code and case law, provided that the prevented party informs the other party, by any means, within three calendar days of the occurrence of the event and justifies force majeure.
The party prevented will make its best efforts to limit and/or avoid the effects of force majeure and will try to find a suitable solution in order to resume the performance of its obligations as soon as possible.
If the performance of one of the essential obligations of either party is deferred due to the occurrence of an event of force majeure, the performance will be suspended until the disappearance of said event. However, in the event that the event extends beyond one month, each party will have the option to terminate the contract with immediate effect by sending a registered letter with acknowledgement of receipt.
ARTICLE 14. Transfer
The service provider reserves the right to assign all or part of the performance of the Services to service providers meeting the same qualification requirements.
ARTICLE 15. Assistance
The Service Provider provides the Customer with assistance and information relating to the use of the Services through explanatory pop-ups when the Customer first connects to his Customer Account. The Service Provider also provides assistance to the Client by e-mail and by telephone, from Monday to Friday (with the exception of public holidays in France) from 9 am to 5 pm.
Requests and warnings of errors must be submitted to the Service Provider at the following email address : [email protected], Subject: error.
The Service Provider will make its best efforts to respond within a reasonable time to these requests.
ARTICLE 16. General Provisions
These GTCS are subject to the application of French law.
They are written in French. In the event that they are translated into one or more languages, only the French text would prevail in case of dispute. The fact that, where applicable, the usual exchanges between the Service Provider and the Client take place in whole or in part in a language other than French, cannot under any circumstances be considered as a waiver of the application of these GTCS or any of its stipulations.
In the event of a dispute concerning the interpretation or execution of their agreements, the parties shall seek, before any contentious action, an amicable agreement and shall communicate to this end all the necessary information.
In the absence of an amicable settlement of the dispute, only the courts of Paris shall have jurisdiction in the event of any dispute of any nature or dispute relating to the formation or execution of the order.
ARTICLE 17. Contact
For any question or information on the Site, the User is invited to contact the Company at the following address : [email protected], or at the following telephone number : 07 56 90 08 82