Terms and Conditions of Sale

Clauses marked “(Business customer)” apply only to buyers acting for the purposes of their professional activity. Clauses marked “(Consumer)” apply only to consumers and to non-professionals within the meaning of the introductory article of the French Consumer Code. All other clauses apply to everyone.

1.1. These terms and conditions govern all sales of products and services concluded through the online shop at shop.it1-connect.com.

1.2. Every order implies prior, full and unreserved acceptance of these terms, given by ticking a box that is not pre-ticked before payment. The buyer acknowledges having read them.

1.3. (Business customer) These terms constitute the sole basis of the commercial negotiation (article L441-1 of the French Commercial Code). They prevail over any general purchasing conditions of the buyer, save with the express written agreement of IT1 Connect. Any conflicting condition of the buyer is unenforceable against IT1 Connect.

1.4. The applicable version is the one in force on the date of the order. IT1 Connect reserves the right to amend these terms at any time.

2.1. Products and services are described accurately. Photographs and visuals are provided for guidance only and have no contractual value.

2.2. Offers are valid while stocks last. IT1 Connect may change its catalogue and the characteristics of its products at any time and without notice.

2.3. Software and licences (Stormshield, Alcatel-Lucent Enterprise, Trend Micro, and other publishers) are governed by the licence terms (EULA) of their publishers, which the buyer undertakes to comply with. IT1 Connect acts as a reseller and grants no rights beyond those licences.

3.1. (Business customer) Prices are stated in euros excluding tax. The applicable VAT, shipping costs and ancillary charges are added and invoiced separately.

3.2. (Consumer) Prices are stated in euros including all taxes. Delivery costs are shown before the order is confirmed.

3.3. The price payable is the one in force when the order is placed. In the event of an obvious pricing error, IT1 Connect reserves the right to cancel the order.

3.4. Prices shown in the shop include a 5% early payment discount (net prices): the price displayed is the price due where payment is made in full when the order is placed. For eligible businesses and public authorities that have opted for a deferred payment method (article 5.3), the early payment discount is reduced or nil: two-installment payment carries a reduced discount of 2% (instead of 5%), and payment in full by bank transfer within 30 days is made at the full price, with no discount. The discount rate applicable to each method is restated to the customer before the payment choice is confirmed.

3.5. In accordance with article L441-9 of the French Commercial Code, the early payment discount terms appear on invoices: “Net prices: 5% early payment discount included.” where payment is made in full at order; “Net prices: 2% discount included. Two-installment payment: 50% deposit at order, balance within 30 days.” for two-installment payment; “Early payment discount not applicable: payment in full by bank transfer within 30 days, no deposit.” for payment in full within 30 days.

4.1. The sale is formed when IT1 Connect confirms the order, after payment or the agreed payment terms have been validated.

4.2. The individual account is approved automatically on registration and allows immediate ordering, with no supporting document to upload. Business and public authority accounts are subject to a prior document check (article 4.4 and following) which conditions the ability to order.

4.3. IT1 Connect may refuse or suspend any order in the event of a previous dispute, a payment incident, unavailability or suspected fraud, without this giving rise to any right to compensation.

4.4. Before any order is placed, business and public authority accounts are subject to a document check. On registration, the customer declares the nature of the account (individual, business or public authority). A business or public authority account is then placed pending approval: prices remain visible, but no order can be completed until IT1 Connect has approved the account.

4.5. Business and public authority customers upload, from their “My application” area, the supporting documents matching the declared account type: for a business, a KBIS extract and the identity document of the company manager; for a public authority, the SIRET number, the appointment order or signature delegation, and the identity document of the signatory. Accepted formats are PDF, JPG and PNG. The customer warrants that the documents provided are accurate and genuine. No supporting document is required for an individual account.

4.6. A complete application is reviewed within an indicative period of 24 to 48 working hours. Following the review, the account is either approved, the customer being then able to order on the pricing terms matching the account type (article 3), or declined with the reason stated, the customer being then able to correct the application and submit it again. IT1 Connect may request further documents or decline any application that does not establish the declared identity or status.

4.7. For business and public authority accounts, from the moment the application is submitted and for as long as the account remains under review or approved, identity information (surname, first name, company name, SIRET, APE code, intra-community VAT number) can no longer be changed by the customer, so that it remains consistent with the supporting documents. The e-mail address, which is the login, remains editable. Any correction to locked information must be requested from IT1 Connect.

4.8. Supporting documents provided are processed in accordance with the privacy policy.

4.9. (Business customer) An approved business account may, in addition, upload from “My application” a URSSAF vigilance certificate and its latest annual accounts in order to apply for access to deferred payment terms (article 5.3). IT1 Connect reviews these documents and grants or declines that access. This step is optional and has no bearing on the ability to order with payment in full at order. Public authorities are not subject to this formality.

5.1. Payment methods: bank card (through the secure interface of the payment provider), PayPal or bank transfer.

5.2. (Consumer) Payment is due in full when the order is placed, by bank card, PayPal or bank transfer. The 5% early payment discount provided for in article 3.4 is acquired: the price paid is the price displayed.

5.3. (Business customer) Save for particular terms agreed in writing, businesses and public authorities holding an approved account (article 4) choose, at the time of payment, one of the following methods: payment in full when the order is placed (bank card, PayPal or bank transfer), the 5% early payment discount provided for in article 3.4 remaining acquired; or, subject to the eligibility set out below, two-installment payment with a reduced discount of 2%, by way of a deposit of 50% of the total amount including tax paid by bank transfer at order, the order being processed on receipt of the deposit, with the balance within 30 days; or, subject to the eligibility set out below, payment in full by bank transfer within 30 days, with no deposit and at the full price (no discount). Access to deferred payment methods (two-installment payment and payment in full within 30 days) is reserved for public authorities and for businesses whose payment terms IT1 Connect has approved beforehand on the basis of documents evidencing their situation (in particular a URSSAF vigilance certificate and the latest annual accounts). IT1 Connect may refuse or withdraw that access at any time. No payment term granted may exceed 60 days from the invoice issue date (article L441-10 of the French Commercial Code).

5.4. (Business customer) Any late payment automatically gives rise, with no prior formal notice, to: late payment penalties equal to 3 times the statutory interest rate, a fixed recovery fee of 40 euros (plus reimbursement of recovery costs incurred beyond that amount, on production of evidence), the immediate payability of all sums due, and the suspension of orders and deliveries in progress.

5.5. (Business customer) Retention of title: IT1 Connect retains ownership of the products until the price has been paid in full, in principal and ancillary amounts. Failing payment, IT1 Connect may repossess the products at the buyer’s cost and risk. Risk nonetheless passes on delivery. Before payment in full, the buyer may neither resell the products nor grant security over them.

5.6. (Business customer) The buyer may not set off any amount without the written agreement of IT1 Connect.

6.1. (Business customer) Delivery times are given for guidance only. IT1 Connect is not liable for delays attributable to the carrier or to an event of force majeure. Risk passes to the buyer as soon as the products are handed over to the carrier. The buyer must inspect the products on receipt and raise any reservation with the carrier (article L133-3 of the French Commercial Code) and with IT1 Connect, in writing, within 48 hours.

6.2. (Consumer) IT1 Connect states the delivery deadline; failing that, delivery takes place within a maximum of 30 days (article L216-1 of the French Consumer Code). Risk passes to the consumer when the goods are physically handed over (article L216-4). In the event of a delay, the consumer has the rights provided for in articles L216-2 and following.

7.1. Consumers have 14 days from receipt of the goods, or from conclusion of the contract for services, to exercise their right of withdrawal without having to give reasons, using the model form at the end of this page or any unambiguous statement.

7.2. Consumers bear the direct cost of returning the products, of which they are expressly informed by these terms (article L221-23). They may be held liable for any depreciation of the products resulting from handling other than what is necessary to establish their nature, characteristics and proper functioning.

7.3. IT1 Connect refunds the sums paid within 14 days of the withdrawal. The refund may be withheld until the products have been recovered or until evidence of their dispatch has been provided.

7.4. In accordance with article L221-28, the right of withdrawal does not apply, in particular, to: products made or clearly configured to the consumer’s specifications (hardware covered by a bespoke preconfiguration service); software, licences and digital content supplied on an intangible medium whose performance has begun after the consumer’s prior express agreement and express waiver of the right of withdrawal; services fully performed, or begun, before the end of the period with the consumer’s agreement, the consumer then acknowledging the loss of the right of withdrawal as performance proceeds.

7.5. (Business customer) The right of withdrawal does not apply to sales between businesses.

8.1. (Consumer) Consumers benefit from the statutory guarantee of conformity (articles L217-3 and following of the French Consumer Code, 2 years) and from the guarantee against latent defects (articles 1641 and following of the French Civil Code). These guarantees are a matter of public policy and cannot be set aside. The mandatory regulatory notice appears below.

The following notice is a translation of the mandatory wording set by French Decree no. 2022-946. The French wording is the only one that is legally binding.

Consumers have two years from delivery of the goods to obtain the application of the statutory guarantee of conformity where a lack of conformity appears. During that period, consumers need only establish the existence of the lack of conformity, and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the statutory guarantee applies to that digital content or digital service throughout the period of supply provided for. During that period, consumers need only establish the existence of the lack of conformity affecting the digital content or the digital service, and not the date on which it appeared.

The statutory guarantee of conformity requires the trader, where applicable, to provide all updates necessary to keep the goods in conformity.

The statutory guarantee of conformity entitles consumers to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the statutory guarantee of conformity, consumers benefit from a six-month extension of the original guarantee.

If consumers request the repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.

Consumers may obtain a reduction in the purchase price and keep the goods, or terminate the contract and obtain a full refund against return of the goods, if:

• 1. The trader refuses to repair or replace the goods;
• 2. The repair or replacement of the goods takes place after a period of thirty days;
• 3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
• 4. The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

Consumers are also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify an immediate price reduction or rescission. Consumers are then not required to request repair or replacement of the goods first.

Consumers are not entitled to rescission of the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.

The rights set out above arise from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the application of the statutory guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the French Consumer Code).

Consumers also benefit from the statutory guarantee against latent defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. That guarantee entitles them to a price reduction if the goods are kept, or to a full refund against return of the goods.

8.2. (Business customer) The statutory guarantee of conformity of the French Consumer Code does not apply. Only the guarantee against latent defects applies (article 1641 of the French Civil Code). Any non-conformity or apparent defect must be reported in writing within 48 hours of receipt. Beyond that, only the manufacturers’ warranties apply, on their own terms.

8.3. After-sales service. Every reported fault is subject to a prior diagnosis.

(Business customer) Returning the equipment is at the buyer’s expense, and any hardware or software repair is subject to a quote.

(Consumer) Where a lack of conformity or a defect is established, bringing the goods back into conformity (repair or replacement, including transport and repair costs) is carried out free of charge. Where the fault results from a cause external to the product (misuse, accident, external cause, failure to follow the recommendations, normal wear and tear), it is not covered and a quote is then issued. Diagnosis fees, announced beforehand, may apply in that case alone and are cancelled if the guarantee applies.

8.4. Excluded from any guarantee is damage resulting from misuse, unauthorised modification, failure to follow the installation or usage recommendations, an external cause or normal wear and tear.

9.1. (Business customer) IT1 Connect is bound by a best efforts obligation. Its liability is limited to direct, material and proven damage. All indirect or immaterial damage is expressly excluded, in particular loss of operations, turnover, profit, customers, image or orders, as well as any financial or commercial loss. Loss of data is excluded, save under a backup or monitoring contract, for which the liability of IT1 Connect in respect of data is limited to the cap set out below.

9.2. (Business customer) In any event, the liability of IT1 Connect, on all grounds combined, is limited to direct and material proven damage alone and may not exceed the price excluding tax actually paid for the product or service giving rise to the damage. For services performed on a continuing basis (managed services, monitoring), it is capped at the amount invoiced for the service concerned over the three (3) months preceding the triggering event. IT1 Connect holds professional liability insurance intended to cover the financial consequences of this liability.

9.3. The limitations in articles 9.1 and 9.2 do not apply in the event of gross negligence or wilful misconduct by IT1 Connect, nor in the event of personal injury.

9.4. (Consumer) IT1 Connect is automatically liable for the proper performance of the contract (article L221-15 of the French Consumer Code), subject to the statutory grounds for exemption (fault of the consumer, act of a third party unconnected with the supply, force majeure).

Personal data processing is described in the privacy policy available on the site.

Neither party is liable for a failure resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code, including in particular network or supply failures, the failure of a supplier or a carrier, and cyberattacks. Performance is suspended for the duration of the event. If it lasts more than 30 days, either party may terminate the order without compensation.

Any complaint must first be addressed in writing to customer service ([email protected]). Failing a satisfactory reply within 2 months, consumers may refer the matter free of charge to the consumer ombudsman: CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, www.cm2c.net, within one year of their written complaint.

13.1. These terms and conditions are governed by French law.

13.2. (Business customer) Any dispute falls within the exclusive jurisdiction of the Toulon Commercial Court, including in summary proceedings, where there are several defendants or in third-party proceedings, notwithstanding any clause to the contrary.

13.3. (Consumer) Consumers may bring proceedings, at their choice, before the court of their place of residence or of the place of delivery of the goods. No clause imposes a jurisdiction on them.

Software and licences remain the property of their publishers, and the sale confers only a right of use on their terms. All site content remains the exclusive property of IT1 Connect.

15.1. If any clause of these terms is held void or deemed unwritten, the remaining clauses retain their full effect.

15.2. The failure of IT1 Connect to rely on a clause does not amount to a waiver of that clause.

15.3. (Business customer) IT1 Connect may assign or transfer the benefit of the contract to a third party.

15.4. These terms and conditions express the entire agreement of the parties.

Model form from the annex to article R221-1 of the French Consumer Code, to be completed and sent to IT1 Connect only in the event of withdrawal.

For the attention of OUSTAOU CONNECT (trading as IT1 Connect), 1 Rue de l’Égalité, 83870 Signes, e-mail: [email protected]:

I hereby give notice of my withdrawal from the contract for the sale of the goods below, or for the supply of the services below:

• Ordered on (*) ................. / received on (*) .................
• Name of consumer(s): .................
• Address of consumer(s): .................
• Signature of consumer(s) (only if this form is notified on paper):
• Date: .................

(*) Delete as appropriate.