Version of February third of 2025
The operator's platform offers an intermediation service between professional sellers (hereinafter "sellers") and professional buyers (hereinafter "customers") for the purchase of industrial hardware and software (hereinafter After "products").
In this context, these general conditions of sale govern the purchase of products offered by the seller to the Customer (hereinafter collectively designated as "the parties"), through the platform.
The terms used below have, in these commercial conditions of the platform, the following meaning:
"Customer": designates any legal person having the quality of professional, accessing the platform and proceeding to an order of products from a seller.
"Order": designates the purchase of the products made by a customer from the seller on the platform.
"General conditions of use" or "CGU": designates the contractual conditions made available on the home page of the platform, in order to supervise the use of it by any user.
"Commercial conditions of the platform" or "contract": designates this contract supervising the sale of products. This contract is supplemented by the product sheet published by the seller.
"Contents": designates all the information, texts, logos, brands, animations, drawings and models, photographs, data, hypertext links, and in general all the elements and content of the seller published on the platform.
"Customer area": designates the interface hosted on the platform in which all the data provided by the customer is grouped and allowing him to manage his orders. Access to the customer area is thanks to the identifiers.
"Product sheet": designates the page presenting the commercial offer linked to a product. The product sheet is generally in particular composed of one or more photography (s) of the product, price, characteristics of the product and all legally compulsory information. The product sheet completes these commercial conditions of the platform in the supervision of the sale of products.
"Identifiers": designates the customer email address and password, necessary for access to their customer area on the platform.
"Operator": designates the company that manages the platform and relate the parties, which is in this case the company CAPEO, a limited liability company, registered in the VILLEFRANCHE TARARE COMMERCIAL and COMPANY register under number B 481 359 875 and whose head office is located at 449 rue de l'Avenir-Zac Vernailes Ouest- 69 830 Saint Georges de Reneins.
"Parties": in the plural, designates the customer and the seller together. In the singular, designates only one of the two parties. "Platform": designates the online platform accessible to the following address: https://ziinteo.com/. The platform brings together all the web pages, services and features offered to users. "Payment service provider" or "PSP": designates the company, holding a banking approval, providing, through the operator, from payment services to sellers in order to allow them to collect the payments of Customers. The PSP is a peasant, a public limited company with a capital of 44,000,000 euros, registered in the Strasbourg Trade and Companies Register under number 814 262 101 whose head office is located 4 rue Frédéric-Guillaume Raiffeisen 67000 Strasbourg, is approved in quality payment establishment by the Prudential Control and Resolution Authority (“ACPR”), 4 place de Budapest CS92459 75436 PARIS CEDEX 09, under number 82826, available on www.regafi.fr. "Product": designates any industrial hardware or software offered to the customer by the seller on the platform.
"Services": designates the various services provided by the operator to the sellers including in particular their referencing on the platform, the connection with customers, payment services, etc. "Boulevration service": designates the service as part of which the operator is mandated by the seller to automatically edit invoices in the name and on behalf of the seller for each order placed on the platform. "User": designates anyone who accesses and navigates the platform, whether seller, customer, or simple user. "Seller": designates any company whose products (and associated services) are available on the platform.
These commercial conditions of the platform supervise the sale of products by the seller on the platform.
The product sales contract is made up of: The product sheet; Any general conditions of sales of the seller who always prevail; These commercial conditions.
It is specified that the latest version of the commercial conditions will apply to any new order. The customer is invited to read carefully, print these commercial conditions of the platform and keep a copy.
Any order necessarily implies the unreserved acceptance of these commercial conditions of the platform.
The customer may read these commercial conditions of the platform when ordering a product with the seller. They must be consulted and expressly accepted before any order.
In accordance with the provisions provided for within the CGU accessible to the following address: Spareplace.fr, to be able to place an order on the platform, the customer must register on the platform in order to have a customer area.
From its identifiers, the customer will be able to connect to their customer area and place an order of products to the seller. The Customer undertakes to carry out orders only for exclusively professional purposes. The information that the customer provides to the seller when ordering must be complete, accurate and up to date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Product characteristic:
The seller undertakes to present the essential characteristics of the products within the product sheet and the compulsory information under the applicable law.
Therefore, the customer agrees to read them carefully before ordering the platform.
After having read it, the customer, under his sole responsibility and according to his own needs, brings his choice to the product (s) being the subject of his order. The seller's responsibility cannot be retained in any way in this respect.
The customer acknowledges having verified the adequacy of the offer and the products to his needs.
Marketed products comply with current European legislation and applicable standards in France.
Product commands have placed directly on the platform. To make an order, the Customer must follow the steps described below.
The customer must select the product (s) of his choice by clicking on the product (s) concerned (s) and by choosing the desired quantity or even, if necessary the characteristic of the desired product. Once the product has been selected, the product is placed in the customer's basket. The customer can add as many products to his basket as they wish.
Once the products have been placed in their basket, the customer can either click on "Add to the basket" or click on "Buy in 1 click". A form for the customer's attention is displayed, summarizing the price, applicable taxes and delivery costs, if applicable.
The customer is invited to check the content of his order (including the quantity and references of the products ordered, the possible caliber, the billing address, the payment method and the price) before validating its content.
After verification, the customer validates his order and, if not already done, is invited to connect or register.
The customer can then make the secure payment of the products by following the instructions on the platform and provide all the information necessary for the invoicing and delivery of the products. Orders placed must include all the information necessary for their processing.
The order will be validated definitively from the full payment of the price of the products ordered, in principal and accessories being specified that the sale concluded between the seller and the customer will however be subject to the resolving condition that the ordered product is available and shipped by the seller .
Once all the steps described above are completed, a page appears on the platform in order to acknowledge receipt of the customer's order. A copy of the acknowledgment of receipt of the order is automatically sent to the Customer by email, provided that the email address communicated through the registration form is correct.
Once the order is placed by the Customer, the seller is required to validate it or not within three (3) working days. Beyond this period, the order is automatically canceled.
An order made by a customer without having been formally accepted by the seller within the aforementioned period, cannot be considered final. The simple presentation of a product in the seller's catalog cannot therefore be considered as a firm offer in the legal sense of the term.
During the order procedure, the Customer must enter the information necessary for invoicing.
The Customer must notably clearly indicate all the information relating to delivery, in particular the exact delivery address, as well as any possible access code to the delivery address.
The customer must also specify the payment method chosen.
Neither the order form that the Customer establishes online nor the acknowledgment of receipt sent to the Customer by email is an invoice. Whatever the order or payment method used, the invoice will be made available to it within the customer area.
The customer is informed of the fact that the operator can send the invoice on behalf of the seller.
The date of the order is the date on which it is awarded online receipt of the order. The deadlines indicated on the platform only start to run from this date.
For all products, the customer will find sellers on the prices platform displayed in euros excluding taxes (HT), as well as the applicable delivery costs.
Prices include in particular the value added tax (VAT) applicable to order at the rate in force on the date of order. Any modification of the applicable rate can impact the price of products from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the product sold.
The prices indicated are valid, unless I am crossed. The applicable price is that indicated on the date on which the order is placed by the customer.
In the event of a defect or delay in payment, the seller applies calculated delay penalties as follows:
Delay penalties u003d (amount TTC of the invoice * Legal rate applicable for the semester) * (number of days late in the semester / 365)
The applicable legal rate means the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 3 percentage points.
Delay penalties are due the day following the payment date appearing on the invoice without a recall is necessary. Any customer with a delay in payment is automatically debtoring, with regard to the creditor, a lump sum compensation for recovery costs of 40 euros. When recovery costs incurred are greater than the amount of this lump sum indemnity, the seller may request additional compensation, on justification.
A product normally has an indicative period informed.
In any event, the final delay is indicated to the order of order and excluding transport times.
In the event of a stock, the seller, can, if the parties agree, offer an alternative product of quality and equivalent price, accepted by the customer.
If the customer decides to cancel his order for unavailable products, he will obtain the reimbursement of all sums paid for unavailable products at the latest in the fourteen (14) days of the date on which the contract was denounced.
The sales contract will not be definitively concluded only when the seller has effectively confirmed the availability of the products and dispatched the products.
Thus, each initial command is subject to the resolving condition of availability and shipping of the selected product.
In the absence of confirmation of availability after notification of order, it will be automatically canceled and the customer will be refunded by the amount corresponding to this order.
In any event, it should be recalled that the operator cannot be held responsible for the unavailability of a product or any consequence of the order or cancellation of it, the operation of sale being made under the sole and whole responsibility of the seller.
The methods of the right of withdrawal are provided for in the "withdrawal policy", a policy available in appendix 2 of these.
The customer can pay his products online on the platform according to the payment methods offered, that is to say by:
Bank card; Bank transfer; When he chooses his payment method, the customer will be redirected to a secure space corresponding to this choice in order to make the payment. In this case, the Customer declares himself informed of the fact that any payment on the platform is made via the payment service provider, managing financial flows.
In this context, the Customer guarantees the Seller that he has all the authorizations required to use the chosen means of payment.
All necessary measures will then be taken to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the platform.
In the event of single payment by credit card, the customer's account will be debited upon ordering products placed on the platform.
If the Customer decides to cancel their order for unavailable products, the refund will be made in accordance with these.
Refusal of payment:
If the bank refuses to debit a card or other means of payment, the customer must contact the operator in order to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the customer would prove impossible, the order and the sale would be canceled.
The delivery methods are referred to in appendix 1.
The seller retains ownership of the products until full payment of the price, in principal, interest and accessories, even in the event of granting payment time.
Any opposite clause, notably inserted under the general conditions of purchase of the customer, is deemed unwritten.
As such, if the customer is subject to a recovery or compulsory liquidation, the Seller reserves the right to claim, within the framework of the collective procedure, the products sold and remained unpaid.
From delivery, the customer is made up of the depositary and guardian of said products.
In the case of non-payment and unless the seller prefers to request full and whole execution of the sale, the seller reserves the right to consider the sale as resolved for fault, after formal notice that has remained unsuccessful for 15 days And to claim the goods delivered, the return costs remaining the responsibility of the customer and the payments made being acquired to the seller as a penal clause.
Unless otherwise agreed to be specific between the parties, the transfer to the customer of the risk of theft, loss, deterioration or destruction takes place during delivery or in the event of a delivery to a carrier during the delivery of the goods to the first carrier.
The seller is held from the guarantee due to the hidden defects of the sold product which make him unfit for the use to which it is intended, or which decreases this use so much that the customer would not have acquired it, or would have given it that a lower price, if he had known them.
This guarantee allows the customer who can prove the existence of a hidden defect to choose between the reimbursement of the price of the product if it has returned and the reimbursement of part of its price, if the product is not returned.
In the event or a replacement or repair would be impossible, the seller undertakes to return the price of the product within thirty (30) days upon receipt of the returned product and in exchange for the return of the product by the customer.
The action resulting from hidden defects must be brought by the customer within two (2) years from the discovery of the defect.
To implement the guarantee due to the hidden defects of the product described above, the customer must contact the seller via the platform. The parties will then do their business for the implementation of this guarantee.
Unless otherwise provided by public public order, the seller will not be responsible for the occurrence of any damage of any kind that is directly or indirectly resulting from the use or impossibility of using products and in particular:
The seller will not be responsible for the occurrence of any special, indirect or incident damage such as in particular, drop in production, loss of profits, even if the customer has been warned of the possibility of the occurrence of such damage or loss; The seller will not be responsible in the event of loss or destruction of any property, damage or expenses with direct or indirect origin the use, improper use or inability to use the product by the customer, and this independently or in combination with another product; The seller will not be responsible in the event of commercial loss of any kind; The seller will in no case be required to provide replacement equipment. In any case, the contractual responsibility of the seller, as it could be engaged in application of these commercial conditions of the platform, cannot exceed the amount of the sums paid or remaining to be paid by the Customer for the purchase of the product in question .
The seller's responsibility cannot be implemented if non-execution or delay in the execution of one of his obligations described in these commercial conditions of the platform stems from a case of force majeure.
There is a force majeure in contractual matters when an event escaping the control of the debtor, which could not be reasonably provided for when the contract is concluded and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor.
If the impediment is temporary, the execution of the obligation is suspended unless the delay which would result in the resolution of the contract. If the impediment is final, the contract is automatically resolved and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In the event of one of the aforementioned events, the seller will endeavor to inform the customer as soon as possible.
The seller may have to collect and process personal data from the customers of the platform when ordering products. As such, he guarantees that he processed this data in accordance with the rights and obligations resulting from the law n ° 78-17 of January 6, 1978 relating to data processing to files and modified freedoms known as the law "Data Protection" , and the General Regulations on the Protection of Persons (GDPR).
From the connection with the customer having carried out an order of products, the seller will be responsible for the processing of personal data of the customers.
Customer data is kept confidentially by the seller, for the needs of the contract, of its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or to count of your latest contact if you are not yet a customer.
The data can be communicated, in whole or in part, to service providers of the seller involved in the order process.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing to files and freedoms and regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons at During the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC (General Data Protection Regulations known as GDPR), the seller ensures the implementation of the rights of the rights of people concerned.
It is recalled that the customer whose personal data is processed benefits from the rights of access, rectification, update, portability and erasure of information which concerns him, as well as a right to the limitation of the Treatment in accordance with articles 49.50.51.53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulations on the Protection of Persons (GDPR).
In accordance with the provisions of article 56 of the Data Protection Act and in article 21 of the GDPR, the Customer can also, for legitimate reasons, to oppose the processing of data concerning him, without reason and without cost.
The customer can also define the fate of his data after his death and choose that the seller communicates or not his data to a third party that the customer will have previously appointed.
The customer can exercise these rights by sending an email or by sending a letter to the seller.
Finally, the customer can also take a complaint with the control authorities and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
The entire policy linked to the processing of personal data implemented by the operator is detailed within the platform's privacy policy, available here: [Link to the Privacy Policy to insert here].
Any customer will have the possibility of formulating a complaint concerning an order of products from the seller. The customer may contact the seller by completing the dedicated form upon receipt of any product concerned, for example in the following cases:
Product not received; Non -compliant product: the product received does not correspond to the product ordered; Damaged product: The product received is damaged or incomplete.
In any event, the seller undertakes to respond to this complaint within two (2) working days.
Any dispute in connection with the ordering of products will be directly set between the customer and the seller, only parts to these commercial conditions of the platform.
The seller and/or the customer may nevertheless request from the operator he intervenes as a mediator between them, from their respective interface, if the latter have not managed to resolve their dispute within ten (10 ) days.
In the event that, despite the intervention of the operator as a mediator, the complaint has not been sold, the parties remain free to contact, at their own discretion and at their expense, the mediator of companies or any other mediator or conciliator that they will have appointed.
All content published on his personal space are the seller's property, or are content on which he has a license to use.
Any representation or reproduction, total or partial, of the contents, by any process whatsoever, without the express prior authorization of the seller, is prohibited and will constitute a counterfeit sanctioned by the provisions of the Intellectual Property Code.
The acceptance of these commercial conditions of the platform is constituted recognition by the customer of the seller's intellectual property rights and commitment to respect them.
Validity of commercial conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these commercial conditions of the platform cannot affect the validity of this contract. Such a modification or decision does not in any way allow customers to ignore these commercial conditions of the platform.
These commercial conditions of the platform are precisely dated and may be modified and updated by the seller at any time. It is however specified that the commercial conditions of the applicable platform are those in force at the time of the order. Thus, the modifications made to the commercial conditions of the platform will not apply to the products already purchased.
The Commercial Court competent in the jurisdiction of the seller's registered office will be competent to know any dispute about the application of these commercial conditions as well as their interpretation, their execution and the subsequent sales contracts concluded by The seller, or regarding the payment of the price, even in the event of a plurality of debtors, from the call in warranty or a refer.
However, the seller reserves the right to assign the customer before the Commercial Court in the jurisdiction of which the customer has his home.
These commercial conditions of the platform as well as the relations between the customer and the seller are governed by French law.
However, prior to any use of the arbitral or state judge, negotiations will be favored in a spirit of loyalty and in good faith in order to achieve an amicable agreement during the occurrence of any conflict relating to this commercial conditions of the platform, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt by indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties were unable to agree, the dispute will be subject to the competent jurisdiction designated above.
Throughout the negotiation process and until its outcome, the parties refrain from exercising any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to seize the jurisdiction of the summary proceedings or to request the pronouncement of a ordinance on request. A possible action before the jurisdiction of the summary proceedings or the implementation of a procedure on request leads from the parties no renunciation of the amicable arrangement clause, unless expressly desired.
The customer and the seller expressly agree that all of their exchanges and actions occurred through the platform will have a force of evidence and may be used in support of one of their claim before any organ, administration or jurisdiction .
Europe, North America and Asia
The deadlines for preparing an order and then establishing the invoice, before shipping of products in stock are mentioned on the product sheet. These deadlines agree outside weekends or holidays.
An electronic message will automatically be sent to the customer when shipping products provided that the email address appearing in the registration form is correct.
During the ordering process, the seller indicates to the customer the possible shipping deadlines and formulas for purchased products. Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the customer in addition to the price of the products purchased. Details of the deadlines and delivery costs are indicated the seller's product sheet.
The delivery methods are detailed on the seller's product sheet.
As an exception, if the delivery method indicated is not available on the scheduled delivery date, the seller remains free to choose another delivery method, provided that the selected delivery method meets the same quality criteria as that or that Those indicated on the product sheet.
It is up to the customer to check the products delivered upon their delivery.
In the event of missing products, damaged or apparent non-compliance, the Customer must formulate all the necessary reserves on the delivery slip up of the said products.
Otherwise, the customer is deemed to have accepted the products without reservation.
The customer must provide any justification for the reality of the defects noted, the seller reserving the right to proceed, directly or indirectly, to any observation and verification on site. The return of non-conforming products is subject to the seller's prior acceptance. Otherwise, the customer is deemed to have accepted the products without reservation.
The Customer has in principle the right to retract by returning or restoring the product to the seller, without giving a reason.
The withdrawal period expires fourteen (14) days following the date of shipment of the order if the seller and the customer are in the same territory, and within twenty -one (21) days if the seller and the customer are in different territories.
In the event that the customer has ordered several products via a single order giving rise to several deliveries (or in the case of an order for a single product delivered in several lots), the withdrawal period will expire fourteen (14) days if The seller and the customer are on the same territory or twenty -one (21) days if the seller and the customer are in different territories, after the shipment of the last property.
To exercise his right of withdrawal, the Customer must notify his decision to retract by means of a declaration devoid of ambiguity to the seller.
This declaration must be made through the platform.
In order for the withdrawal period to be respected, the Customer must send their communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of withdrawal from the customer's part, the seller undertakes to reimburse all of the sums paid, including delivery costs (with the exception of additional costs arising, if necessary, of the choice by the customer of A delivery method other than the standard delivery method offered by the seller) from the date on which it is informed of the customer's decision to withdraw.
Unless he proposes to recover the products himself, the seller may defer the reimbursement until the products are recovered or until the customer has provided proof of the shipping of the products, the date chosen being That of the first of these facts.
The seller will reimburse using the same means of payment as that which the Customer has used for the initial transaction, unless the customer's express agreement so that he uses another means of payment and insofar as the reimbursement will not cause fees for the customer.
In any event, the customer will have to, at the latest fourteen (14) days after communication of his decision to withdraw from this contract, return the property to the seller's address.
This period is deemed to be respected if the customer returns the good before the expiration of the period of fourteen (14) days.
The Customer must cover the direct costs of referring the property.
The product must be returned according to the Seller's instructions and notably include all the accessories delivered.
The customer's responsibility is only engaged in the depreciation of the property resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of this product. In other words, the Customer has the possibility of testing the product but its responsibility may be engaged if it proceeds to manipulations other than those necessary.