Legal information

Mozaïk Storage

Simplified joint stock company with a capital of 25.000,00 euros
Registered in the Paris Trade and Companies Register under number 913 526 943
Whose head office is located at 12, rue Lepic – 75018 PARIS
Intracommunity VAT number FR71913526943

The site www.mozaikstorage.com is the property of Mozaïk Storage SAS.

Responsible for the writing of the site : Aimery Maury
Email: [email protected]
Phone: +33 1 42 57 16 23

Mozaïk Storage is a registered trademark.

Host

Scaleway platform
Siège social : 8 rue de la Ville l’Evêque, 75008 Paris

Credits

Design and production: Digital Cover, 46 Quai Hippolyte Jaÿr, 69009 Lyon
Used images copyright free 123RF c/o Pixel Foundry Group Ltd

Terms and Conditions of Sale

Mozaïk Storage

Preamble

All commercial actions of the company MOZAÏK STORAGE (hereinafter referred to as ” MS “) are subject to the present general terms and conditions of sale (hereinafter referred to as the ” GTC “), which express the entirety of the obligations agreed between the parties. The purpose of these GTC is to define the conditions under which MS operates in the wholesale market for electronic and telecommunications components and equipment (hereinafter referred to as the ” Products “). In addition, the Customer is informed that MS is able to provide training services which can be the subject of a detailed estimate issued to the Customer.

MS is exclusively intended for professional customers, i.e. any association, company, administration or grouping, which carries out its activity in France or abroad (hereafter referred to as the ” Customer “).

Once MS and the Customer have precisely defined the nature and quantity of Products desired, as well as the related pricing, any order confirmation made by the Customer constitutes the unreserved acceptance of the GTC.

MS reserves the right to refuse an order, without having to justify any reason and without payment of any compensation, for any reason whatsoever. Finally, the Customer already authorizes MS, within the framework of its promotion, to be able to quote him in this capacity.

Article 1 – Acceptance of the GTC

Any order of Products implies, on the part of the Customer, an acceptance without reserve of the GTC.

The General Terms and Conditions of Sale shall prevail over any general terms and conditions of purchase applied by the Customer and over the administrative clauses in the context of a public contract.

The GTC are communicated at first request and are in any case attached to any quotation issued by MS.

Article 2 – Products

Great care has been taken in the selection of the Products to ensure that they are of good quality and safe for use for their intended purpose. MS undertakes to honour the Customer’s order within the limits of the stocks of Products available from its partners.

The essential characteristics of the Products can be consulted by the Customer on the manufacturers’ technical data sheets which can be communicated on first request. MS cannot be held responsible for any errors that may affect the description of the Products.

The Products comply with the European standards in force and MS cannot be held responsible for any use of the Product that does not comply with the said standards or that does not comply with its intended purpose. The illustrations or photos of the Products have no contractual value.

Article 3 – Orders

Any Customer is entitled to place orders for the purchase of Products. At the time of the first order, the Customer will have to follow a procedure which implies to inform with exactitude his coordinates.

The transmission of a purchase order, i.e. a quote endorsed by the Customer, formalizes the firm sale of the Products between the Customer and MS. The Customer is then informed by the sending of an e-mail of confirmation of the order. MS reserves the right to freeze an order until the resolution of any problem that may affect the Customer (wrong address, non-payment, lack of bank guarantee or credit insurance, etc.).

Any order is deemed firm and, subject to the provisions of these GTC, may only be cancelled with the express consent of MS and on terms that will compensate it for any loss caused by such cancellation.

For public authorities paying by administrative order, MS cannot be held responsible for the delay in signing the purchase order by the authority.

The archiving of the information relating to the order, as well as the invoices, is carried out on a reliable support so as to constitute a faithful and durable copy, which can be produced as proof of the contract binding MS to the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details.

Article 4 – Delivery

The delivery times are given as an indication and appear on the estimates issued by MS.

Furthermore, MS will make every effort to ensure that the announced delivery times are respected, but cannot be held responsible for any delays. In any case, these possible delays can never constitute a reason for cancellation of the order and cannot give rise to the payment of damages, and this for any reason whatsoever.

The preparation of the order is done directly by MS. The routing is entrusted to a professional carrier. The delivery is made on the doorstep and does not include unpacking and installation.

MS retains full ownership of the Products delivered until full payment of the invoiced price has been received. Furthermore, the Customer is informed that the transfer of risks takes place as soon as the Products are shipped and handed over to a carrier.

In case of refusal of the parcel or in case of inability to deliver the order due to an error attributable to the Customer, the latter shall bear the full cost of return shipping.

At the time of delivery, the Customer is required to check the condition of the Products in the presence of the carrier. In the event of difficulties, the Customer is required to expressly and exhaustively mention the reservations that affect the delivery. The Customer is also required to present these reservations to the carrier by registered letter with acknowledgement of receipt, sent within a maximum of 48 hours from the date of delivery. If this procedure is not followed, the Products received will be deemed to be in conformity.

Article 5 – Prices, billing and payment

The prices of the Products are indicated in euros, including all taxes, or free of VAT as the case may be, and excluding specific shipping costs. Any taxes or customs duties due in this respect are the responsibility of the Customer.

MS reserves the right to change the prices of the Products at any time in the future. The sale prices are those indicated at the time of the validation of the order by the Customer.

After placing the order, the Customer has access to the invoice by post or by means of a confirmation e-mail containing a document in PDF format.

It is the Customer’s responsibility to forward the invoices to his accounting department for processing.

For local authorities, payment is made by administrative mandate with a payment deadline of 30 days from the date of the invoice.

Apart from this hypothesis, the payment is made without delay with the order, by transfer informing at least the number of invoice in object. The RIB of the account to which the transfer is made is indicated on the invoice after the order has been validated.

In case of unpaid invoices attributable to the Customer, MS is entitled to apply the penalties provided for in Article L.441-10 of the French Commercial Code and to claim an indemnity for collection costs of 40.00 euros per invoice.

Article 6 – Guarantees

MS assumes the legal guarantees of conformity relating to the hidden defects of the Products (articles 1641 and following of the Civil Code), allowing the Customer to return the defective or non-conforming Products.

In this case, the Customer must contact MS to agree on the conditions for replacing the Products concerned. In case of replacement of the Products, the Customer shall be required to send MS a duly completed return form and to reship the Products at its own expense, within the timeframe agreed with MS. The Products concerned must not have undergone any modification or alteration and must be returned in their original packaging. In the event of failure to do so, MS shall be entitled to refuse to replace the Products or to charge a depreciation fee to the Customer.

In any case, if MS is held liable, the maximum compensation that could be paid to the Customer could not exceed the price paid at the time of the order, whatever the direct or indirect damage suffered, with the exception of damage to persons.

Article 7 – Intellectual Property

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights, published by MS, whatever the medium, are and remain the exclusive property of MS.

No transfer of intellectual property rights is made through the acceptance of these GTC. Any total or partial reproduction, modification or use of these goods, for any reason whatsoever, is strictly prohibited.

Article 8 – Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, MS implements the processing of personal data for the purpose of selling and delivering the Products.

MS may collect personal data relating to persons acting on behalf of the Customer. The latter is informed of the following:

The data controller is the manager of MS ;
The purpose of the data processing is the execution of the Customer’s order, as well as the keeping of statistics and the implementation of commercial offers;
The recipients of the personal data are the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorized to access the personal data in question;
The Customer is informed that a transfer of personal data outside the European Union may take place due to technical constraints inherent in the use of computer tools whose servers are based abroad;
Personal data is only kept for a period of three years;
The data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, the right to object to the processing and the right to data portability ;
The person concerned has the right to lodge a complaint with the National Commission for Data Processing and Liberties;
The information requested at the time of the order is necessary for the establishment of the invoice and the delivery of the ordered goods, without which the order could not be validated. No automated decisions or profiling is implemented through the ordering process.

It is the Customer’s responsibility to take all appropriate measures to protect its own data and/or software from contamination by any viruses circulating on the Internet. MS shall also not be liable for any direct or indirect damages, including any loss or damage that may arise from the use of telecommunications networks.

Article 9 – Duration

These GTC shall apply for the duration of the marketing of the Products, and in any case until a new version of the GTC is adopted by MS.

Article 10 – Force majeure

MS cannot be held liable if the execution of an order is delayed or prevented due to force majeure or an act of God, due to the Customer or a third party or due to external causes such as social conflicts, intervention by civil or military authorities, natural disasters, epidemics, fire, water damage, interruption of a telecommunications network or the electricity network, in particular due to computer hacking.

Article 11 – Independence

Each of the provisions of the GTC is independent. As a result, if one of the stipulations of the present GTC is cancelled, this nullity will not lead to the nullity of the other stipulations which will remain in force between MS and the Customer.

Article 12 – Tolerance

Any tolerance on the part of MS with regard to the application of the GTC, however frequent and however long, shall never be considered as a modification or waiver of the GTC.

Article 13 – Applicable law and competent jurisdiction

The GTC and the contractual relationship between the Customer and MS are exclusively subject to French law.

In the event of a dispute between MS and the Customer, any dispute or contestation to which the present GTC or an order could give rise, as much on their acceptance, their validity, their interpretation, their execution or their cancellation, will be subjected to the exclusive competence of the jurisdictions of the city of Paris, and this even in the event of appeal in guarantee, of plurality of defendants or of introduction of a summary procedure or on request.

GENERAL TERMS AND CONDITIONS OF SALE APPLICABLE AS OF JUNE^1, 2022