General conditions of use and general conditions of sale
The present general conditions apply to the use of the WEB INFOGREFFE server and other distribution media of the G.I.E. INFOGREFFE and use of information drawn from the Commercial Court Registry Offices public registers, members of the G.I.E., INFOGREFFE, and the INPI. The E.I.G. INFOGREFFE (hereafter "Infogreffe") intervenes as a technical service provider of the Commercial Court Registry Offices for purposes of distributing information drawn from the registers.
All Users must imperatively read the present General Conditions of Use (hereafter referred to as "CGU") which define rules of use of the Website as well as the General Sales Conditions (hereafter referred to as "CGV") which define rules pertaining to the sale of goods and services described below. Simple use of the Website presupposes full and complete acceptance of the CGU and the CGV.
Article 1 – Definitions
In the CGU / CGV, words or expressions beginning with a capital letter have the following meanings:
– Website: the present website is accessible at the following address: www.infogreffe.fr
– User: any person who visits one or more pages of the website, whether for purposes of consulting available information free of charge or purchasing one or more available official documents
– Documents: the list of official documents is given under the section "official documents", i.e. Kbis extract, bit status, deeds and articles, history of modifications, insolvency proceedings and annual accounts.
– Registry Office: any registry office of the commercial courts, member of the G.I.E. INFOGREFFE.
Article 2- Accessing the Website and the Service
Consultation of the Website is accessible free of charge to any User with Internet access. All of the costs pertaining to access to the Website, whether equipment, software or Internet access costs, shall be borne exclusively by the User. The User is solely responsible for proper operation of his IT equipment as well as his Internet access.
The Website comprises a section accessible to all Users and a section accessible only to members and/or subscribers.
Infogreffe reserves the right to refuse access to the service as defined in Article 3, unilaterally and without prior notice, to any User who fails to observe the present CGU / CGV.
The service is available 7 days out of 7 and 24 hours out of 24, except for maintenance, and unscheduled Service interruption. Infogreffe may need to suspend access to all or part of the website, to part or all of the Users, temporarily, for maintenance purposes in order to guarantee proper operation of the website, without prior notice, and without such interruption entitling the User to any indemnification whatsoever.
Article 3 – Characteristics of the services provided (Hereafter "the Service")
The documents that can be ordered are shown in the "Official Documents" section in the "Business Listing".
The price for each Document is shown in the selection provided to the User. The price shown in the price scale of the document selected on the day of the order shall be the only applicable price.
All of the Service's characteristics (documents provided, prices etc) may vary depending on changes to the public service missions entrusted to the Commercial Court Registry Offices and legislative and regulatory measures applicable to them, as well as the nature of the information provided by the I.N.P.I. and by the I.N.S.E.E.
Article 4 – Ordering online
The User undertakes to provide accurate up-to-date information.
- The user may select from the the "Company Listing" ro the list of selected results, in the "Official Documents" section, the type of Document that he desires to order.
- The User at the same time shall select the method of transmission of the document that he desires to order.
The document or documents selected are included in the "My Cart" section; the amount to be paid by the User is displayed.
- The User shall then confirm by clicking the "Complete my Order" button or by going directly to "My Cart".
- A summary of the order is displayed, showing each document selected, the method of transmission selected, the price of each document ordered as well as the total price of the order.
- The User may modify or delete his selection by clicking on the icons provided for that purpose.
- The User shall confirm by clicking on the "Place My Order" button.
At any time, the User may identify and correct any errors that were made when typing in his information. When the User notices an error after having placed an Order, he must contact us (go to the "Contact" section).
- The User must then fill in the "Details Sheet" for delivery, providing all the details required as well as the selected payment method.
By clicking on the box to be checked in front of the notice "I hereby certify that I have read the general conditions of sale and I accept the terms", the User's commitment becomes irrevocable and can no longer be withdrawn.
The User, by means of the "My Recent Purchases", may access his orders, by typing in the order reference number shown on the payment receipt document.
Article 5- Order Confirmation
After confirming his order, the User will receive an e-mail containing proof of payment which will display:
- client's name,
- client's codes (User's e-mail address),
- the reference provided by the client,
- date of the purchases,
- order reference,
- list of the products ordered,
- transmission method selected,
- payment method selected,
- order amount.
Where payment is made using a credit card, the User will receive, via electronic messaging, a payment ticket confirming payment by credit card.
Article 6- Right of Withdrawal
In compliance with Article L .120-20-2, 1° of the Consumer Code, the right of withdrawal cannot be exercised in the supply of services the performance of which has begun, with the agreement of the consumer, before the end of a full 7-day period.
Article 7 – Prices
Prices are given in Euros.
VAT rate. shown on the order confirmation is the rate in force on the day of the order.
Article 8- Payment terms
The full amount shall be payable upon ordering.
Several methods of payment are made available to the User:
1. Credit cards: payments are made through the secured PAYBOX system which uses the SSL protocol (Secure Socket Layer) such that the information provided is encrypted by software and cannot be read by any third party in the course of consultation over the network. The User shall then receive proof of payment via electronic messaging as well as a payment ticket confirming that his bank account was debited.
2. Private pay card: this is a prepaid card which the User may acquire in the Commercial Court Registry Offices at Infogreffe head offices: Immeuble Le Parisien, 5-7, avenue de Paris 94300 VINCENNES and online at www.carteinfogreffe.fr.
3. Payment may be made through the User's invoice from his ISP: if the User is a subscriber to an Orange, or SFR, or Free service, he may elect to pay his Infogreffe purchases, for a maximum amount of €15 per purchase, on his next ISP invoice. The total maximum monthly amount that can be paid via ISP invoices is €60. The User may also ask his ISP to disable the payment ceiling amount.
4. Payment via the "Internet Plus Pro" invoice: If the User possesses an "Internet Plus Pro" account, he may use it to pay for Infogreffe purchases. Should the User not be automatically recognised, all he needs to do is type in his "Internet Plus Pro" identifier and password. The amount of your Infogreffe purchases will then be shown on your next Intelmatique invoice, Le Compte Achat (L.C.A.).
Article 9 - Intellectual property
Property of the Website
All the Infogreffe Website components are and remain the exclusive intellectual property of Infogreffe.
Any and all reproduction, use and redistribution of the website's components, whether as text, software, visuals or sonic elements, is strictly prohibited and shall incur legal prosecution. Any and all links, basic or hypertext, to the website, is strictly prohibited without Infogreffe's express written permission.
The Infogreffe brand, as well as the logo shown on the website are registered trademarks (whether or not partly figurative). Any and all total or partial reproduction of the trademarks or the logos drawn from the Website's components without express permission from Infogreffe is strictly prohibited in the meaning of Art. L. 713-2 ff of the Intellectual Property Code.
The information on the website, in the Court Registries and in those of the I.N.P.I. are the property of their respective titleholders. The user shall refrain from any and all action aimed at misappropriating or attempting to misappropriate any information or file content, particularly with a view to setting up a documentary database or reconstructing all or part of the original files. The right of usage enjoyed by the User shall include display of information on-screen and copying off accessible documents on order, against payment. It is exclusively reserved for private use and does not confer rights of reproduction or redistribution for commercial purposes.
Any use of the information obtained in order to set up a database for commercial purposes is prohibited. Extraction and the use of or all parts, quantitatively or substantially of the information contained on the Website or the Registries on any other medium by any means whatsoever is prohibited.
Article 10 - Modification of the Website's CGU / CGV and sales of services
Infogreffe reserves the right at all times to modify all or part of the CGU / CGV of the Website for the sales of the services on offer, with or without notification, especially in cases where public service missions entrusted to the Registry are modified. The modifications shall enter into force as soon as they are placed online.
Article 11 – Liability
The user alone shall be liable for the questions posed by himself and of the use that he shall make of the results obtained as well as the direct and indirect consequences of such use. It behooves the User to use the results in compliance with regulations in force and with recommendations by the C.N.I.L. In no cases shall Infogreffe and/or a Registry Office be held liable for any damages whatsoever of any type, resulting from the use of the information provided.
Moreover, the liability of Infogreffe and/or a Registry Office shall not be invoked in the event of delay or failure arising either from force majeure or any event beyond their control or caused by the User. Infogreffe shall in no wise bear liability for information produced by the Registry Offices. The User acknowledges that he or she is perfectly informed that the information available or the services offered may vary from one Registry Office to another, without incurring liability on the part of Infogreffe and/or a Registry Office. It is expressly agreed that the liability of Infogreffe and/or a Registry Office shall only be invoked for a proven fault and for direct and foreseeable damages, exclusively caused by a breach on the part of Infogreffe and/or a Registry Office with regard to their obligations, this shall expressly exclude indirect damages, loss of profit, turnover, clients, information, commercial prejudice, and foreclosure in the proof of claims.
Should the liability of Infogreffe and/or a Registry Office be deemed to apply under the present contract, the User shall not have claim to any indemnification and damages other than (i) payments already made for the part of the Service that was faulty or contained an error on the part of Infogreffe and/or a Registry Office, or (ii) non-payment of the party of the Service.
Infogreffe and/or a Registry Office shall not be held liable in the event of a malfunction on the part of the Accuser's Internet service provider of services or access to services when connecting to the Internet. The same shall apply for all other reasons external to Infogreffe and/or a Registry Office.
The user acknowledges that he is well informed of the intrinsic characteristics of the Internet, particularly that (i) the transmission of information over the Internet only enjoys only relative safety, since such information travels over mixed networks with diverse characteristics and capacities; such networks may occasionally be saturated at certain times of the day in such a way as to cause delay in downloading or accessibility to information; and that (ii) the Internet is an open network and consequently the information that it carries is not protected against the risk of misappropriation, intrusion into a system, hacking of data, programs and files in a system, or against contamination by IT viruses; that (iii) it is incumbent upon the User to take all appropriate measures to protect the data, files and programs stored in his system against contamination by viruses as well as against attempts to hack into his system.
Article 12 - Personal data
The information requested from the User for purposes of invoicing or delivering his order is destined for use solely by Infogreffe services. The User accepts that the information is used by Infogreffe solely in order to provide him with information on the Website. The User has the right to access, modify, rectify and delete information concerning him (Article 38 and ff of the "Information and Freedoms" Law). In order to exercise this right, the User can contact Infogreffe, 5-7 avenue de Paris 94300 Vincennes, or by telephone +338 91 01 11 11. (free of charge from a landline subject to your telephone operator's charges).
Article 13 - Partial non-validity
Should one or several stipulations in the CGU / CGV be held to be non-valid or declared to be such through application of a law, a regulation or subsequent to a judgement by a competent jurisdiction, such stipulations shall be deemed to be non-written; the other stipulations shall remain in force.
Article 14 – Titles
In the event of difficulty in interpreting any of the headings of the clauses and any of the clauses all several titles, such titles shall be deemed to be non-existent.
Article 15 - Language of the Contract
The French language version of the CGU / CGV shall prevail between the parties and be invoked in court.
Article 16 - Applicable law
The CGU / CGV shall be subject to French law.
Article 17- Attribution of competency
IN THE EVENT OF DISPUTE BETWEEN THE PARTIES AND AFTER AN ATTEMPT TO FIND AN AMICABLE SOLUTION, COMPETENCY IS EXPRESSLY ATTRIBUTED TO THE COMPETENT PARIS TRIBUNAL, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR A RECOURSE IN WARRANTY, EVEN FOR URGENT PROCEDURES OR PRECAUTIONARY PROCEDURES, BY INTERIM RULINGS OR BY PETITION.