General Terms and Conditions of Sale

Preamble:

The general terms and conditions of sale detailed below outline the rights and obligations of AAMS and its client in the context of the sale of its service offerings.

Any service provided by AAMS therefore implies the buyer’s unreserved acceptance of these general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions apply to the provision of services between professionals (service provider / buyer).

These general terms and conditions represent the entirety of the obligations of the parties. They constitute the sole foundation of the commercial relationship between the parties, and as such, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale take precedence over any other document, including any general terms and conditions of purchase. They apply, without limitation or reserve, to all services provided by the service provider to buyers of the same category.

The service provider and the buyer agree that these general terms and conditions exclusively govern their relationship. The service provider reserves the right to amend these terms and conditions from time to time. The amended terms shall apply as soon as they are published online.

If a condition of service provision is missing, it shall be deemed governed by the prevailing practices in the distance selling sector for companies headquartered in France.

These general terms and conditions of sale are available to any buyer upon request, to allow them to place an order.

The supplier reserves the right to deviate from certain clauses of these terms, based on negotiations held with the buyer, by establishing specific terms of sale.

Furthermore, the service provider may establish category-specific terms and conditions of sale, which deviate from these general terms, depending on the type of buyer and based on objective criteria. Buyers who meet such criteria will then be subject to those specific terms and conditions.

These general terms and conditions of sale are valid until 31 December 2025. 

Article 2 – Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of services offered by the service provider to the buyer. They apply to the following services: metallurgical research services.

These terms and conditions apply only to services provided within France for buyers located in French territory. For any services performed outside of France, or for a buyer located outside of France, a specific request must be made in order to obtain a tailored quotation. 

Article 3 – Order

The buyer places their order online, from the online catalogue and using the form provided on the website.

To validate the order, the buyer must accept the present general terms and conditions by clicking in the designated area on the website. Acceptance will result in a confirmation email from the service provider, in accordance with the terms outlined below.

Payment is made via direct debit. Any order implies acceptance of the prices and the description of the services offered.

In certain cases, notably in the event of non-payment, incorrect address, or another issue with the buyer’s account, the service provider reserves the right to block the buyer’s order until the issue is resolved.

If the service cannot be provided, the buyer will be informed by email.

The cancellation of the relevant service and its possible refund will then be processed, with the remainder of the order remaining firm and final.

For any questions regarding order tracking, the buyer must call 0660063907 (standard local call rate). 

Article 4 – Electronic Signature

Providing the buyer’s bank details online and the final validation of the order shall constitute proof of the buyer’s agreement and shall be considered as:

• Liability for the amounts due under the purchase order;
• Signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank details, the buyer is invited to immediately contact 0660063907 upon noticing such use. 

Article 5 – Order Confirmation

The contractual information will be confirmed by email at the latest at the start of the service execution, to the address provided by the buyer in the purchase order.

Article 6 – Proof of Transaction

The computerised records, stored in the service provider’s IT systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments made between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof. 

Article 7 – Price

Calculation

Unless otherwise agreed, the price of the services is determined based on the number and experience of the required personnel, as well as the necessary level of skill and responsibility; the rates are reviewed periodically. Travel, subsistence, and accommodation expenses incurred for the performance of services will also be invoiced where applicable. VAT at the prevailing rate will be added, where applicable, to the fees and disbursements.

Delays or other unforeseen issues, beyond the provider’s control, may lead to additional fees that could be subject to a supplementary invoice. The provider undertakes to inform the buyer of such delays and/or issues as soon as they arise so that their consequences may be assessed together.

Invoices will be issued corresponding to the services rendered and disbursements made, by provision and as the work progresses. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due no later than the 3rd day following the performance of the service.

Late Payment Penalties

In accordance with the law, any delay in payment entitles the provider to charge late payment penalties. The penalty rate is set at the maximum rate, i.e. three times the legal interest rate. Furthermore, the defaulting debtor shall be required to pay the provider a fixed recovery fee of €40.

In addition, the provider shall be entitled to suspend the performance of services until full payment of the outstanding invoice has been made, without such suspension being considered as a failure to perform. 

Deposit

All orders, as defined above, require the payment of a deposit calculated as follows: 30%.

Except in cases of force majeure, any cancellation of the order by the buyer more than one month after the order date shall not entitle them to a refund of this advance deposit. 

Article 8 – Terms and Deadlines of Payment

Payment

Payment for the order is made by direct debit from the buyer’s bank account or by bank cheque. The buyer must enter their bank details in the designated area and confirm this entry by attaching their bank account identification (RIB) to the order form. The provider reserves the right to suspend any order processing and delivery in the event of a refusal of payment authorisation from officially accredited organisations or in the event of non-payment.

The provider also reserves the right to refuse to carry out a delivery or to honour an order from a buyer who has not fully or partially settled a previous order, or with whom a payment dispute is currently being handled. The provider has implemented an order verification procedure designed to ensure that no one uses another person’s banking details without their knowledge. As part of this verification, the buyer may be asked to send the provider a copy of an identity document by fax or email. The order will only be validated after the provider has received and verified the requested documents. 

Payment on Term

The full price is due in a single payment, within 30 days following the execution of the service; this deadline will be mentioned on the invoice sent to the buyer.

Late Payment

Any delay in payment will result in the immediate demand for the full amount due to the provider by the buyer, without prejudice to any other actions the provider may be entitled to take against the buyer in this regard. 

Article 9 – Intervention Deadlines

Except in cases of force majeure or during periods of closure clearly announced on the homepage of the site, the intervention deadlines will, within the availability limits of the provider, be those indicated below. The execution deadlines begin from the order registration date specified in the order confirmation email.

In case of delay, the provider’s liability cannot be engaged, regardless of the cause. Therefore, no compensation request, of any kind, can be claimed by the buyer. In case the provider is unavailable to carry out the service, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer may then request a refund of the amounts paid within 30 days of their payment. 

Article 10 – Intellectual Property

In the event that one of the provider’s recommendations or the use of elements delivered as a result of its suggestions involves the use of goods, models, designs, photographs, etc., which are subject to intellectual property rights owned by third parties, the provider will inform the buyer of the existence of these rights and the consequences of their use. It will then be the responsibility of the buyer, and under their sole responsibility, to take all necessary measures to ensure the use of such rights, including negotiating the usage rights on their behalf, in such a way that the provider can benefit from them for the needs of the services.

For the provider’s own needs related to the services, the provider may use documents, data, and other information. In certain cases, these materials may be made available to the buyer upon their request. As these tools were developed specifically for the provider’s needs and without considering the buyer’s own needs, they will be made available to the buyer for the duration of the contract in their current state and without any warranty attached, for simple use purposes. They must not be distributed, shared, or communicated to third parties, either in whole or in part. This temporary provision will not transfer any rights or warranties, regardless of the title, for the benefit of the buyer or any third party. 

Article 11 – Documents

The provider will retain the original documents provided to them and will return them to the buyer upon request. All documents, data, or information provided by the buyer will remain their property. The provider will retain a copy of only the documents necessary for the creation of their working files. The working documents prepared as part of the services are our property and are covered by professional confidentiality.

Article 12 – Independence

In the event of a conflict of interest or any issue arising during the execution of the services, the provider will immediately inform the buyer and work with them to find the most appropriate solution in compliance with applicable regulations. More specifically, if a modification in regulations or professional standards prevents the provider from continuing their services, the provider will make available to the buyer the results of the services and all necessary documents for their completion, including the documents in their current state, to facilitate the continuation of the work by a third party. 

Article 13 – Guarantee

The provider guarantees the buyer against any non-compliance of the services and any hidden defects resulting from a design or supply failure of the said services, excluding any negligence or fault of the buyer.

In any case, if the provider’s liability is held, the provider’s warranty will be limited to the amount excluding VAT paid by the buyer for the provision of the services.

Article 14 – Claims

All claims, whether amicable or judicial, related to the execution of the services must be made within one year from the completion of the service.

Article 15 – Right of Withdrawal

Since the buyer is a professional purchasing for the needs of their profession, the right of withdrawal provided by the Consumer Code does not apply. 

Article 16 – Protection of Personal Data

Collected Data

The personal data collected on this site includes:

• Quote request: name, surname, email address, phone number, postal address, company name.
• Payment: for payment of the services offered on the website, financial data related to the buyer’s bank account is recorded.
• Cookies: cookies are used during the use of the site. The user can disable cookies from their browser settings.

Use of Personal Data

The personal data collected from users is used for the following purposes:

• Access and use of the website by the user.
• Management and optimization of the website.
• Organization of the payment services usage conditions.
• Verification, identification, and authentication of the data provided by the user.
• Offering users the possibility to communicate with other users on the website.
• Implementation of user support.
• Management of potential disputes with users.

Sharing of Personal Data with Third Parties

Personal data may be shared with third parties in the following cases:

• When the user posts information in public comment sections on the website.
• If the law requires it, the website may transmit data to address complaints made against the website and to comply with administrative and legal procedures.
• If the website is involved in a merger, acquisition, asset transfer, or judicial recovery process, it may need to transfer or share all or part of its assets, including personal data. In such cases, users would be informed before their personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software, and physical security measures to protect personal data against alterations, destructions, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of transmission or storage of information over the internet. 

Exercise of Users’ Rights

In accordance with the applicable regulations concerning personal data, users have the rights listed below, which they can exercise by sending a request to the following address: Aurore.cotteverte@aams.tech 

• Right of Access: Users may exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity to verify its accuracy.
• Right to Rectification: If the personal data held by the website is inaccurate, users may request the update of the information.
• Right to Deletion of Data: Users may request the deletion of their personal data in accordance with the circumstances outlined by the GDPR.
• Right to Object to Data Processing: Users may object to their data being processed in accordance with the conditions provided by the GDPR.
• Right to Data Portability: Users may request that the website provide them with their personal data in a format that allows them to transfer it to another website.

Evolution of this Clause

The website reserves the right to make any changes to this clause concerning the protection of personal data at any time. If a modification is made to the personal data protection clause, the website commits to publishing the new version on its site. The website will also inform users of the change via email at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account. 

Article 17 – Governing Law

These online sales terms and conditions are governed by French law.

The parties agree to seek an amicable solution to any dispute that may arise from the performance of the services. If they are unable to reach an agreement, the parties will submit the dispute to the competent commercial court.