General Conditions
Purchase / Rental / Service

The present general conditions apply to all supplies and/or services supplied by the Provider. In consequence, the act of passing an order implies the complete and unreserved acceptance by the Client of these general conditions. No particular condition can, without formal written acceptance by the Provider, take precedence over these general conditions. All contrary clauses requested by the Client will therefore, except by express acceptation, be unenforceable upon the Provider, at whatever moment this is brought to the attention of the latter.

The fact that the Provider may not oppose one of the present general conditions at a given moment and/or tolerates the failure of the Client to comply with one of the obligations stated in these general conditions should not be interpreted as a renunciation by the Provider to return later to one of these said conditions.

1 - SERVICE CONDITIONS – CONTRACT DURATION – CANCELATION
1.1 Following the receipt of an order/contract, duly completed and signed by the Client, and the corresponding payment, the Provider acknowledges receipt from the Client of the order/contract and the payment and informs them by email of the delivery of the product concerned.
1.2 In the absence of said receipt, the contract cannot be deemed as completed. The counter-signed delivery note of the product determines the date of the transaction. In the case of a maintenance contract or After Sales Service, this date will determine the invoicing date.
1.3 In the case of rental:
1.3.1 The contract is completed for a period as stated on the order which commences at the product receipt date by the Client.
1.3.2 The rental is for a minimum period of 6/1 months. Beyond this time, the contract can be cancelled at any time by a registered letter with notice of receipt or by email with notice of receipt. The Client should inform the Provider of the cancellation of the contract at least one month in advance. The notice will start the day after the receipt of said communication. The receipt of the product by the Provider closes the contract and stops the monthly bank transfer after the notice of cancelation.
1.3.3 The Client may partially contest the contract. In this case, respecting the contestation process, the Client should detail said clauses in a letter or email, accompanied by the modified monthly bank transfer agreements (see website). The receipt by the Provider of the product provides the date of adjustment relative to the rental amount and the reimbursement of the deposit excess under the conditions of paragraph 1.3.6 of the present article.
1.3.4 The contract is renewable by tacit agreement, for the period as per the renewal order, in accordance with the prices and conditions in force at the time of renewal, except in the case of contestation by one of the parties relative to the period or conditions hereafter.
1.3.5 The reminders relative to the end of contract will be sent by email to the Client at the following intervals; D-28, D-14, D-7, D-1 and D. In the case of non-renewal on the part of the Client, the cancelation will be effective as from Day D+1.
1.3.6 The deposit will be returned to the Client at the end of the rental contract, whatever the cause, during a period of three months following the receipt of the product, in perfect condition, by the Provider. In all cases, the Provider reserves the right to keep all or part of the deposit to repair the product condition if defective and/or cover their costs or the lack of respect of the present general conditions by the Client.
1.3.7 Concerning the non-restitution of rented materials within the period of one month, the Client undertakes from this moment without reserve or particular obligations of the Provider, to pay the remaining cost, between the deposit and the sales price, of the product at the price in force on the website on the day defined by the loss of the Client.
1.3.8 In the case where the Client wishes to renew the rental after their suspension, the Provider reserves the right to invoice the Client a sum as forfeit corresponding to a reimbursement of the immobilisation of the rented material.
1.4 Reservation:
The Client may, at any moment, make a reservation of chosen products. The reservation will be accompanied by a guarantee deposit stipulated on the reservation form:
1.4.1 The delivery date, provisional or not, is considered as the date of the email sent to the Client. The date will be recorded at the receipt of the email by a confirmation from the Client.
1.4.2 The cancelation of the order before or during a period of 8 days following the stipulated provisional delivery date imposes the total reimbursement of the guarantee deposit. (see 1.4.5)
1.4.3 The cancelation of the order within a period of 8 days of the stipulated provisional delivery date imposes the withholding of 50% of the deposit to cover the indemnity of costs incurred. (see 1.4.5)
1.4.4 The cancelation of the order within the period of 8 days after the stipulated delivery date does not impose a reimbursement to cover the indemnity of costs incurred.
1.4.5 Any reimbursement, total or partial, will be effected by bank transfer at the end of the month of the record of the reservation cancelation.
1.4.6 The Client acknowledges their understanding of these reservation conditions and accepts them unreservedly.

2 - TRANSPORT – DELIVERY – TRANSFER OF RISK
2.1 Excepting particular clauses separately convened and agreed by both parties, the merchandise will be sent insured, at the charge and risk of the Client, and this, is effective at the receipt of the merchandise by the transporter. The choice of transporter and the itinerary is the responsibility of the Provider except by express request stipulated by the Client. The Provider will do their best to ensure the loading and transport of the merchandise satisfies the delivery dates as agreed with the Client. In any case, the delivery date stipulated on the notice of receipt relative to the order is only indicative and not definite. The Provider reserves the right to complete a partial delivery. Any eventual delays relative to deliveries or partial deliveries do not grant the right to the Client to cancel agreements, refuse merchandise or cancel other deliveries underway.
2.2 No order delivery can be modified or cancelled without the prior agreement by the Provider who reserves the right to accept or refuse such a modification. Also, the Provider reserves the right to distribute orders to different clients at their own discretion in accordance with available stocks. Notwithstanding the existence of all contrary clauses within these present general conditions, any special order of products created to the particular requirements of the Client or, in a general manner, all orders of products that are non-standard (?Non Standard Products?), including assembly kit products, products from manufacturers that do not appear on the list of products supplied by the Provider as well as all products identified by the Provider as being non-exchangeable or non-reimbursable (?Non-reimbursable and Non-exchangeable Products?) cannot be cancelled, returned or reimbursed.
2.3 Returned products should follow the ARM procedure as described in point 5.4.

3 - DELIVERY PERIOD
3.1 A delivery is effective on the day agreed with the Client on reserve that the suppliers concerned have completed delivery to the Provider at the agreed times. The delivery will follow only after the order has been confirmed.
3.2 The delivery times are considered to have been respected as soon as the Provider delivers the merchandise to the transporter/confirmed intermediary agreed between the parties within a reasonable time period that permits, under normal circumstances, the delivery of the merchandise to the Client within the period stipulated.
3.3 Notwithstanding the preceding paragraph, the Client takes note that the delivery dates agreed with the Provider are only indicative (see article 2, paragraph 1).
3.4 The receipt of the merchandise cancels any right to claims, except under reserve made by the Client in the form of registered letter with notice of receipt addressed to the transporter within three working days following the delivery, with a formal notification sent to the Provider within the same period.

4 - DELIVERY INTERRUPTION OR FAILURE
4.1 When circumstances or events prevent the delivery of merchandise and the Provider cannot be held responsible, the Provider is authorised to suspend the accomplishment of their obligations relative to delivery during the period of non-compliance including the appropriate period of reassignment which, by right, is conceded to the Provider by the Client. In the hypothetical situation that the delivery is delayed for more than four weeks, each party may cancel the contract, either partially or in total.
4.2 Excepting stipulations to the contrary, specifically agreed by both parties, the Provider is not held responsible in the following cases: Events relative to force majeure such as defined by the French judicial system, and notably natural catastrophes, acts or omissions by third parties or government authorities, regulations, legislation, or military, modifications to the law, rupture of stocks, insurrection, war, terrorist attacks, delays with transport or ruptures within the areas or human resources or materials.
4.3 In the hypothetical situation where a delivery is prevented due to a modification in the legal conditions or import regulations, the Provider has the right to cancel a contract. In such a hypothetical situation, the Provider, at the request of the Client, may conclude a new contract with the Client taking into account such modifications as those included in the import conditions.
4.4 In the hypothetical situation where the Provider acts in violation of their contractual obligations, their responsibility is in accordance with article 15 of the present general conditions.

5 - PRODUCT DEFECTS – RETURNS PROCEDURE FOR PRODUCTS - "ARM" PROCEDURE
5.1 If at the time of the risk transfer, a defect in a sold product is noted and said defect has been notified according to the procedure defined in paragraph 4 of the present article, the Provider may exchange said product as part of the guarantee of which said defects are included. In the hypothetical situation where the Provider is not able, for whatever reason, to proceed with the exchange of the defective piece, within a reasonable period of time that cannot be inferior to two weeks, the Client may, if they so wish, cancel the contract or request a reduction in the price. In this hypothetical situation, if the Client has suffered prejudice or assumed responsibility for unforeseen expenses due to the Provider, article 15.7 of the present general conditions is applicable.
5.2 In no way can the Provider be held responsible in the following cases:
(I) An order placed by the Client for replacement products in place of other products with a view to a particular usage without informing the Provider beforehand and having obtained their express agreement,
(II) Corporal or material damages sustained of whatever nature, due to the misuse of a product contrary to its established characteristics or the exposition of a product to exterior influences that may be liable to damage the product such as transport, storage by the Client in inadequate conditions or the exposition of components to excessive constraints (mechanical, electrical or temperature....), etc... (It is therefore highly recommended that users, before the implementation of said products, assure themselves that the product corresponds exactly to their requirements, proceeding first with controls and preliminary tests and other such verifications as may apply.),
(III) Notification of the product defect made after a period of ten days following those specified in clause 4 of the present article,
(IV) Of other persons concerned excluding the Client (third parties).
5.3 Any eventual contestation should be made to the Provider within ten days as from the receipt of the product and in accordance with the ARM procedure such as described in the following paragraph. The contested product should be made available to the Provider without transport or packaging costs, and should be thereby recognised as being defective. No return of the merchandise will be accepted without the prior written agreement of the Provider in accordance with the ARM procedure.
5.4 The ARM procedure: No product return will be accepted by the Provider if it does not include an ?Authorisation of Return of Materials number ? (ARM) given by the Provider at their discretion. Returned products should be packaged in a manner to ensure protection from damage. The Client takes full responsibility for the return of products. All products should be returned, transport paid, as specified in the ARM. If the returned product is considered as defective, a complete description of the nature of the alleged defect should be enclosed with the returned product. If the returned product is not eligible for the ARM process, the product will be returned to the Client at their cost.

6 - DURATION OF GUARANTEE
Without express prior agreement to contrary regulations by both parties, the guarantee of the Provider is limited to twelve (12) months as from the delivery date of the product to the Client. In the hypothetical situation whereby the manufacturer’s guarantee is given for a longer period than that specified in the present general conditions, the Provider accepts, at the request of the Client, to transfer this guarantee to the latter, on reserve that prior express agreement has been made by the manufacturer.

7 - EXPORT REGULATIONS
All products sold by the Provider are destined to remain within the country of delivery as agreed with the Client. The re-export of products and technical documents or relative technologies should be executed only under the conditions according to customs regulations (clauses, decrees, laws, decisions, circulars, notifications, conventions...) of the European Union, the United States of America, and those countries implicated by the contractual parties. The re-exportation of products sold may also require the adherence to regulations relative to the control of merchandise exported to a third party. The Client is responsible for the control of all products for exportation and undertakes to learn and apply all current legislation and obtain all licenses necessary for exportation or re-exportation as applicable. All violations of said obligations are considered to be the responsibility of the Client.

8 - SYSTEM INSTALLATION
The product may be delivered in the form of a kit complete with mounting instructions. The installation remains the responsibility of the Client.

9 - TECHNICAL SUPPORT
The Provider provides technical support to the Client as from the installation which has the simple goal of supplying punctual help to the Client. All interventions relative to the machine, by remote, will be subject to specific payments. For information relative to the latter, the Client should contact technical support by email (support@belevolution.fr) in order to establish an estimate for the required assistance. Once the estimate has been accepted by the Client, and after receipt of the payment, the assistance will commence according to the times/dates stated on the order or those agreed between the Provider and Client.

10 - CONDITIONS OF USE
10.1 The Provider places the product, as described on the website, at the disposal of the Client.
10.2 The Provider undertakes to implement everything to ensure the permanence, continuity and service quality that are proposed and therefore acknowledges their obligations to offer access 24/24, 7/7.
10.3 The Provider offers various installation services of the materials/programmes to modify the configuration of the product’s operations. These services are described on the website, together with the applicable tariffs.
10.4 In the case of rental:
10.4.1 The Provider is the undisputed owner of the display image on computer display materials. They can, as they wish, cause information to appear of any nature on the reserve that they are not competitive or damaging to the activities of the Client.
10.4.2 The Client agrees that they have received adequate information and accept all terms without condition or reserve.

11 - OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT
11.1 The Client is responsible for their installation of the product.
11.2 The Client is responsible for consequences relating to the malfunction of the product consecutive to all abnormal handling by themselves, the members of their staff or any person not elected by the Provider.
11.3 The Client acts as an independent entity and consequently assumes responsibility for the risks and dangers of the product.
11.4 In the case of rental:
11.4.1 The Client is entirely responsible for the services and information diffused using the product, of the information content transmitted, diffused or collected, of their use and their updates, as well as all files, in particular the address files. The Client commits themselves in particular to respecting the rights of any third parties, in particular the rights relating to confidentiality, the rights of intellectual ownership of third parties such as royalties, rights relating to patents or trademarks. Consequently, the Provider will not be held responsible for information content transmitted, disseminated or collected, of said exploitation and updates, as well as all files, in particular address files and this, without exception of any kind.
11.4.2 The Provider can only warn the Client relative to any legal consequences that could arise from the diffusion of illicit information, and refuses any common responsibility concerning the use of the data made available to visitors by the Client.
11.4.3 The Client consequently declares their acceptance of all legal obligations fully arising from the ownership of their services, the Provider should not be worried or required to intervene in this respect for whatever cause, in particular in the event of violation of laws or regulations applicable to the services of the Client. Non-observance by the Client of the points noted above and in particular any activity likely to generate a civil and/or penal liability will entail the right of the Provider to stop services to the Client without delay or notice and to terminate the contract immediately, without prejudice or rights to such damages and interest to which the Provider may pretend and to request the immediate cancelation of the product or balance of the purchase of the latter.
11.4.4 In these hypothetical situations, the Client will not be able to claim a refund from the Provider of sums already paid.
11.4.5 The Client agrees to respect all relative legal points and regulations in force.
11.4.6 The Client also undertakes to ensure all insurance cover necessary from a stable and notable organism in order to cover any damages that may be required within the stipulations in force of the present contract or its execution.
11.4.7 The Client guarantees the Provider in the case of any action relative to a third party claim concerning information content transmitted, disseminated or reproduced, in particular any resulting from a violation of the personal rights, ownership rights relative to a patent or trademark, images and models, authors rights or those resulting from a disloyal or parasitic competitive act or from an attack relative to the public order, deontological rules, correct morals or the respect of private life (image rights, correspondence secrecy… ) or within the provisions of the Penal code. To this end, the Client will compensate the Provider for all expenses, charges and costs that they may be required to bear, including fees and reasonable costs for the Provider’s advice, even with a non–definitive legal decision.
11.4.8 The Client undertakes the direct payment of the author for the claim of any sum that the latter may require of the Provider.
11.4.9 Moreover, the Client agrees to intervene upon the request of the Provider in any instance undertaken against the latter and also to guarantee the Provider in the case of any judgments that should be pronounced against them on any such occasion. In consequence, the Client agrees to personally monitor any claim or procedure, whatever the form, object or nature, which may be pronounced against the Provider and to which may be attached certain obligations at the charge of the Client under the present general conditions.
11.4.10 The Client undertakes to inform the Provider within 48 hours of any changes concerning their situation.

12 - OBLIGATIONS OF THE PROVIDER
12.1 In the case of an after sales service contract:
The Provider agrees to maintain all equipment in an operational condition. In the event of failure, the Provider undertakes to replace the defective product as soon as possible except in the event of failure that is not of their fault, or any other intervention which may require an interruption of the service exceeding the usual replacement periods. In this last case, the Provider should immediately inform the Client.
12.2 In the case of a maintenance contract:
The Provider agrees to:
  - Ensure the operation of the product via Internet 24/24 every day of the year. In the event of absolute necessity, the Provider reserves the possibility of stopping the distribution of information to proceed with a technical intervention in order to improve operations. The Provider will inform the Client beforehand within a reasonable time advising the nature and the duration of the intervention, in order that the Client may make suitable preparations.
  - Intervene quickly in the event of an incident, not consequent to a misuse of the product by the Client, on request of the Client.
  - Ensure the maintenance at the highest quality level of its tools in accordance with the rules and usage of the profession.
12.3 In the case of rental.
The Provider agrees to:
  - Take all care and due diligence necessary to ensure the supply of a quality service in accordance with the professional use and the state of the art.
  - Maintain the material in an operational condition. In the event of failure, the Provider agrees to replace the defective product as soon as possible except in the case of failure not due to their fault, or any intervention which may require a service interruption exceeding the usual replacement period. In this last case, the Provider undertakes to inform the Client immediately.
  - Ensure the operation of the product via Internet 24/24 every day of the year. In the event of absolute necessity, the Provider reserves the possibility of stopping the distribution of information to proceed with a technical intervention in order to improve operations. The Provider will do their best to inform, as far as possible, the Client within a reasonable period of time of the nature and duration of the intervention, so that the Client may make suitable preparations.
  - Intervene quickly in the event of an incident, not consequent to a misuse of the product by the Client, on the request of the Client.
  - To ensure the maintenance at the highest quality level of its tools in accordance with regulations and professional usage.

13 - CLIENT INFORMATION AND SERVICE CONFORMITY
The Client acknowledges to have checked the adequacy of the material and the service to its requirements and has received from the Provider all information and advice necessary for them to subscribe to agreements with full knowledge of the facts.

14 - PRICES AND METHODS
14.1 The Provider offers the product under the conditions as defined on the website and specified on the order from.
14.2 Any external intervention with the contract will be subject to an estimate validated by the Client and will be invoiced according to the Provider’s tariffs'.
14.3 In the case of a maintenance contract or After Sales Service:
  - The amount of the service is transferred in a regular manner; on the 1st day of each month.
  - The Prorata temporis of the 1st monthly payment will be refunded by bank transfer at the end of the delivery month.
The failure in payment of only one month is enough to cancel the agreements to the benefit of the Provider without any particular obligations. The Client hereby takes note and accepts this fact without condition or reserve. The service will be completed within 15 days maximum.
14.4 In the case of renta:
  - The rental amount is transferred in a regular manner; on the 1st day of each month.
  - The prorata temporis of the first monthly payment will be refunded by bank transfer at the end of the delivery month.
14.4.0 The failure in payment of a single month is enough to cancel the agreements to the benefit of the Provider without any particular obligations. The Client hereby takes note and accepts this fact without condition or reserve.
In this case:
  - The Provider will stop operations of the product within a maximum period of 15 days.
  - The Client agrees to immediately return the product to the Provider according to the ARM procedure (article 5.5)
  - The accounts for the sum due by the Client will stop the day of the product receipt.

15 - RESPONSIBILITY OF THE PROVIDER in the case of rental
15.1 The Provider is responsible, according to the rights of civil law, for services provided to the Client. The Provider agrees to make all efforts possible to ensure the Client receives services in the best possible conditions, except in the hypothetical situation that a service interruption is expressly required by an administrative or legal authority. The Provider reserves the right to interrupt the connection following an installation not related to programme updates that relates to the detection of a fault in the system security, and which update was requested from the Client by the Provider.
15.2 The Provider undertakes to restore the connection as soon as the correctional interventions have been completed by the Client.
15.3 Moreover, the responsibility of the Provider is not recognized:
15.3.1 If the contract execution, or any obligation of the Provider under the present, is prevented, limited or disturbed due to fire, explosion, transmission networks failure, installation collapse, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, request or requirement by any government, strikes, boycotts withdrawing authorisation of the telecommunications operator, or another circumstance out of the reasonable control of the Provider (“Case of force majeure�), then the Provider, subject to a prompt notification to the Client, will be exempt from execution of their obligations within the limit of this prevention, limitation or disturbance, and the Client will be, in the same manner, exempt from the execution of their obligations insofar as the relative obligations concerning the execution are thus prevented, limited or disturbed, provided that the party thus affected makes a maximum effort to prevent or mitigate such causes of inexecution and that the two parties proceed with promptitude once such causes have ceased or been removed. The party affected by a Case of force majeure should inform the other party in a timely and regular manner by email of forecasts relative to the suppression or re-establishment of this Case of force majeure.
15.3.2 If the effects of a Case of force majeure should be of a longer duration than 30 days, as from the notification of the case of force majeure to the other party, the contract may be cancelled at the request of one or the other party, without rights to financial indemnity on either side.
15.3.3 That includes acts by the Client, notably in the following cases:
  - Application Deterioration,
  - Misuse of the product by the Client or their employees or any other person not elected by the Provider, fault, negligence, omission or failure of their responsibility, non-observance of advice given,
  - Partial or total destruction of the transmitted or stored information following errors directly or indirectly due to the Client.
  - Partial or total destruction of the product.
15.3.4 Consequently, taking into account the high degree of technology of the materials used and the execution of the service subject to these general conditions, the Provider is held responsible for the methods used and agrees to effect all possible care to the service operations.
15.4 The Provider cannot be held responsible for the information content, the text, images, form elements, data accessed from the Client, transmitted or distributed by the Client’s product and this in whatever form.
15.5 The refunds due by the Provider in the event of product failure which result from a fault established in its use and resulting in direct damage, personal and unquestionable, relating to the failure in question, with the express exclusion of indirect damages.
15.6 In no case can the Provider be held responsible for indirect prejudice, that is to say those that do not result directly and exclusively from the partial or total failure of the material or service provided by the Provider, such as commercial prejudice, unspecified commercial problems, loss of profits or clients (for example, inappropriate disclosure of confidential information related to them following a defect or hacking of the system), for whom the Client will be their own insurer or will contract suitable insurance.
15.7 Any action directed against the Client by a third party constitutes an indirect prejudice and therefore does not implicate a right to refund. In any event, the amount of the damages or interest that could be placed at the responsibility of the Provider, will be limited to the total amount actually paid by the Client to the Provider and/or invoiced to the Client by the Provider and/or the amount corresponding to the service price, for the share of the service for which the Provider was retained. The lowest amount of these amounts will be taken into account.
15.8 The Client recognises that no stipulation of the present releases them from the obligation to pay all amounts due to the Provider in accordance with the present.

16 - PARTICULAR CONDITIONS OF USE
In the case of the product rental, particular conditions of use are applied:
16.0 The Provider:
  - Reserves the right to modify them freely, and agrees to inform the Client by email as necessary:
  - Agrees to maintain the system up to date, with special regard to possible faults or safety measures.
  - Reserves the right to modify the material or software characteristics without notice following safety or operational problems.
  - Reserves the right to modify, with 14 days notice by email, the material or software characteristics, even if they do not result from safety or operational problems.
16.1 If necessary, for any change of the Client’s materials, the Provider must ensure the provision of sufficient new parts to ensure at least the same material characteristics as those subscribed by the Client.
16.2 The Client accepts the material and software characteristics placed at their disposal by the Provider.

17 - OBLIGATION OF THE PROVIDER
In the case of a rental or maintenance contract:
The Provider includes a daernon/cron in all their offers of which the goal is to supervise the product condition, the programme is completely passive and does not process any confidential data. Its role is to transmit to the Provider’s technical support service the condition of the product in order to anticipate software or material breakdowns.

18 - ATTRIBUTION OF COMPETENCE
18.0 In order to satisfy these present general conditions, notifications should be made by registered letter to the address of the parties with a notice of receipt. The Court of Commerce responsible for the registered office of the Provider will be considered as being legally competent, whatever the place of delivery, the method of payment accepted, and even in the case of appeal through guarantee or multiple defendants. If any one of these conditions of the present general conditions is nullified regarding a rule of law in force or a judiciary decision that becomes definitive, it will be automatically accepted without a written form but all other stipulations will remain in force and applicable. In this hypothesis, the parties agree to rewrite the clause concerned while keeping the general spirit and economic details intact from the previous clause as much as possible.
18.1 The personal data used by the Provider in the application of the present are stored and processed by the latter in the respect of the Freedom of Information Act of January 6, 1978. This law grants the right to access, modify and oppose (by mail) any personal information held by the Provider.display totem ecran