ARTICLE 1 – Scope of application
The present General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reserve, to any purchase of the following services
Bringing together individuals, businesses, companies and administrations who are victims of animal nuisance and local service providers who can meet their needs (advertising links). Supply of specific products or materials from local sellers.
As offered by the provider to professional customers (“The Customers or the Customer”) on the website
https://www.atacorat.co.uk.
The main features of the services are presented on the website https://www.atacorat.co.uk.
The Customer is obliged to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the website https://www.atacorat.co.uk/cgv and shall prevail over any other document.
The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the https://www.atacorat.co.uk website.
In the absence of proof to the contrary, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Client.
The details of the service provider are as follows:
Laboratoires ROMAN, SARL
Share capital of 24332 euros
Registered at the RCS of Dunkerque, under the number 402501642
205, Feuter Drève – 59270 Bailleul – France
E-mail: laboratoires.roman@wanadoo.fr
Telephone: +33611646671
Intracommunity VAT number: FR46450164200035
EORI number: FR46450164200035
The services presented on the https://www.atacorat.co.uk website are offered for sale in the following territories: United Kingdom.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – Prices
The services are provided at the prices in force on the site https://www.atacorat.co.uk, at the time the order is registered by the service provider.
The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the service provider on the website https://www.atacorat.co.uk.
These prices are firm and non-revisable during their period of validity but the provider reserves the right, outside of the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the service provider and given to the Customer when the ordered Services are provided.
ARTICLE 3 – Orders
It is up to the Customer to select the services he/she wishes to order on the https://www.atacorat.co.uk website, according to the following procedures:
The Customer chooses his annual subscription to offer his services concerning the type(s) of pest(s) he intends to treat or the products and materials he wishes to sell.
He finds all his choices in a summary basket that he can modify at any time.
Validation of the basket leads to a request for payment of the order and automatic invoicing once payment has been received.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the https://www.atacorat.co.uk website constitutes the formation of a contract concluded at a distance between the Customer and the service provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or if the latter does not present the skills or products necessary for the proper execution of the final purpose of the site.
The Customer may follow the progress of his order on the site.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
– payment by credit card
The price is payable in full by the Customer when the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the https://www.atacorat.co.uk website.
Payments made by the Customer will only be considered final after the Service Provider has effectively collected the sums due.
The service provider will not be obliged to provide the services ordered by the Customer if the Customer does not pay the price in full in accordance with the conditions indicated above.
ARTICLE 5 – Provision of the Services
The services ordered by the Customer will be provided in the following manner:
Putting advertising links on line concerning the treatment of animal nuisances for individuals, businesses, companies or administrations.
Putting advertising links on line concerning the sale of specific products or equipment to private individuals, businesses, companies or administrations.
The said services will be provided within a maximum of 48 hours from the final validation of the Customer’s order, under the conditions set out in these GTC, at the address indicated by the Customer when placing the order on the website https://www.atacorat.co.uk.
The Provider undertakes to make its best efforts to provide the services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the ordered services were not provided within 72 hours after the indicative date of supply, for any other cause than the force majeure or the fact of the Customer, the sale of the services could be cancelled at the written request of the Customer under the conditions envisaged in articles L 216-2, L 216-3 and L241-4 of the code of consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of
any compensation or retention.
In the event of a specific request by the Customer concerning the conditions of supply of the services, duly accepted in writing by the service provider, the costs associated with this will be the subject of a specific additional invoice.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the services, the latter shall be deemed to comply with the order, in terms of quantity and quality.
The Customer shall have a period of 72 hours from the provision of the services to make complaints by e-mail, with all the relevant supporting documents, to the service provider.
No claim can be validly accepted if the Customer does not comply with these formalities and deadlines.
The service provider will reimburse or rectify as soon as possible and at its own expense the services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 – Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “
For contracts providing for the regular delivery of goods during a defined period, the period runs from the date of receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the provider to the postal address or email indicated in ARTICLE 1 of these GTC.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the services ordered will be refunded.
The reimbursement of the sums effectively paid by the Customer will be made within 14 days of the Provider receiving notification of the Customer’s withdrawal.
ARTICLE 7 – Liability of the Provider – Guarantees
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect, resulting from a design or production defect in the services ordered under the following conditions and procedures: Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
“The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the
goods.
Article L217-16 of the Consumer Code
“When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for service or from the date the goods in question are made available for repair, if this is after the request for service.
In order to assert his rights, the Customer must inform the Provider, in writing (e-mail or letter), of the existence of defects or lack of conformity.
The service provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 8 days following the observation by the service provider of the defect or fault. This reimbursement may be made by bank transfer or cheque.
The Provider’s guarantee is limited to the reimbursement of the services actually paid by the Customer.
The service provider cannot be considered as responsible or defaulting for any delay or non-execution consecutive to the occurrence of a case of force majeure usually recognized by the French jurisprudence.
The services provided through the website https://www.atacorat.co.uk of the provider are in accordance with the regulations in force in France. The service provider cannot be held responsible in the event of non-compliance with the legislation of the country in which the services are provided, which it is up to the Customer, who is solely responsible for the choice of the services requested, to check.
ARTICLE 8 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the services and their execution and delivery, entrusted to the service provider. This personal data is collected solely for the execution of the service contract.
8.1 Collection of personal data
The personal data collected on the website https://www.atacorat.co.uk are the following:
Account opening
When creating a customer/user account:
Name and surname of the person responsible, company name, postal address, telephone number, EORI number and e-mail address.
Payment
In the context of the payment of the services offered on the https://www.atacorat.co.uk website, the latter records financial data relating to the Customer/user’s bank account or credit card.
8.2 Recipients of personal data
The personal data is used by the service provider and its co-contractors for the execution of the contract and to ensure the efficiency of the service provision, its execution and delivery.
The category or categories of co-contractors is (are) :
– The service providers – payment institutions
The data controller is the service provider, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the Customer expressly agrees, his/her personal data shall not be used for advertising or marketing purposes.
8.5 Data retention period
The Provider shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
8.6 Security and confidentiality
The Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Enforcement of Customer and user rights
IIn application of the regulations applicable to personal data, Customers and users of the https://www.atacorat.co.uk website have the following rights:
– They can update or delete their data in the following ways by logging into their account on the account configuration tab .
– They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
– They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
– If the personal data held by the provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”.
– They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
– They may also request the portability of data held by the provider to another provider
– Finally, they may object to the processing of their data by the provider These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above. The data controller must provide a response within a maximum of one month. If the Customer’s request is refused, reasons must be given. The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the service provider. He will always have the possibility to withdraw his agreement at any time by contacting the service provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 – Intellectual property
The content of the https://www.atacorat.co.uk website is the property of Laboratoires ROMAN and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 10 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 – DISPUTES
For any complaint, please contact the customer service department at the postal or e-mail address of the service provider indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is
_______________
_______________
_______________
E-mail : _______________.
The Customer is also informed that he can also have recourse to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.
Realized on https://www.legalplace.fr
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.laboratoires-roman.fr, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of, Laboratoires ROMAN SARL
205, Feuter Drève – 59270 Bailleul – France
I hereby give notice of withdrawal from the contract concerning the order for the service below:
– Order of (indicate date)
– Order number: …………………………………………………..
– Customer’s name: …………………………………………………………………
– Customer’s address: ……………………………………………………………..
Customer’s signature (only if this form is notified on paper)