General conditions of sale and use
The present general terms of sale and use have been updated on 22/02/2023.
Article 1. Subject
The company LaserSeven (hereinafter : « LaserSeven ») operates a supply platform for custom-made metal parts (hereinafter : the « Plateforme »).
These general conditions of sale and use (hereinafter : the « General Conditions ») apply without restriction or reservation to the terms and conditions of use of services offered by LaserSeven (hereinafter : the « Services ») on the Platform or off Platform. Their purpose is to define the terms and conditions for providing the services to the customer identified in the quote(s) referred to in Article 5 (hereinafter the « Customer»).
Together with the quotation(s) (hereinafter : le « Quotation »), they constitute an indivisible contractual whole (hereinafter : le « Contract »).
In case of contradiction, the provisions of the Quotation(s) shall prevail over these General Conditions. In the event of a contradiction between different Quotations, the most recent document shall prevail over the oldest ones.
The Contract prevails over all other general or special conditions not expressly approved by LaserSeven.
The parties declare that they have had the time and opportunity to exchange all the information, including that provided for in article 1112-1 of the civil code, having governed the negotiation and conclusion of this Contract.
Article 2. The operator of the Platform and Services, contact
Article 3. Access to the Platform and the Services
- To any natural person with full legal capacity to commit under these Terms and Conditions. Any natural person who does not have full legal capacity may only access the Platform and the Services with the consent of his/her legal representative.
- Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
Article 4. Services reserved for professionals
Article 5. Ordering the Services and accepting the General Terms and Conditions
5.1. Prior to any realization of the Services, it is the responsibility of the Client to provide LaserSeven with useful information and documents to enable it to identify its needs and expectations. LaserSeven will establish on this basis one or more Quotations (generated automatically on the Platform or not). The quotation will indicate in particular the technical specifications expected by the customer, the delivery terms, the time frame for completion, etc.
5.2. Unless otherwise stated, the Quotation issued by LaserSeven is valid for eight (8) days from its issue. In the absence of validation by the customer within this period, it will be null and void. The Customer who wishes to order the Services must validate the corresponding Quotation within the above time period, by any useful written means and in particular by email.
5.3. Any validation of a Quotation, whether express or implied, implies full acceptance of these General Conditions, in their version in force at the date of the Quotation concerned. Any acceptance subject to a reservation shall be considered null and void. The customer who does not agree to be bound by these General Conditions must not order Services from LaserSeven.
5.4. In case of modification of the initial Services or of a new order, a new Quotation is established. The provisions of this new quotation take precedence over those of the old one.
5.5. It is reminded that the acceptance of these General Conditions by the Customer can also be materialized by a checkbox in the dedicated form on the Platform. In this case, this acceptance can only be full and complete. Any conditional acceptance is considered null and void. Any Customer who does not agree to be bound by these Terms and Conditions must not access the Platform or use the Services.
Section 6. Articulation with Stripe's intervention and general conditions
Customers are expressly informed and agree that all payments and transfers made through the Platform are handled by Stripe technology Europe Limited, an Electronic Money Institution registered with the Central Bank of Ireland under number C187865
(https://registers.centralbank.ie/FirmDataPage.aspx?firmReferenceNumber=C187865) (hereinafter : “Stripe“).
Customers contract directly with Stripe in respect of the processing of such payments by agreeing to Stripe’s terms and conditions by means of a checkbox when registering on the Platform.
As part of the Services, Customers shall transmit to Stripe all their payment instructions through their dedicated space. Consequently, they expressly mandate laserSeven to transmit the said
instructions to Stripe, in their name and for their account.
La mise en oeuvre des services nécessitant celle des paiements, les Clients sont informés et acceptent que le refus de Stripe d’accepter leur inscription en tant qu’utilisateur de ses propres services, de même que la fin du contrat antre un client et Stripe, quel qu’en soit le motif, entraînera automatiquement et de plein droit la résolution des présentes Conditions Générales entre LaserSeven et le Client ainsi que, par voie de conséquence, la fermeture du Compte de ce dernier.
Inversement, la fin des présentes Conditions Générales entre LaserSeven et le Client entraînera automatiquement et de plein droit la résolution du contrat entre ledit Client et Stripe.
7.1. To use the Services, the Customer must register on the Platform, by filling in the form provided for this purpose. It is reminded that this registration is free.
7.2. The Customer must provide all the information marked as mandatory, in particular his surname, first name, company name, cell phone, professional email address, and password. The Customer acknowledges and agrees that the email address provided on the registration form constitutes his login.
Any incomplete registration will not be validated.
Registration leads to the opening of an account in the name of the Client (hereinafter : the « Account »), giving him access to a personal space (hereinafter : the “Personal Space ») that allows him to manage his use of the Services in a form and according to the technical means that LaserSeven deems most appropriate for rendering said Services.
7.3. The Client guarantees that all the information he gives in the registration form is exact, up to date, and sincere and is not vitiated by any misleading character.
He undertakes to update this information in his Personal Space in case of modifications so that it always corresponds to the above-mentioned criteria.
The Customer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Customer is binding upon validation.
7.4. The Customer may access his Personal Space at any time after having identified himself using his login and password.
The Customer undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf unless he bears full responsibility.
He is likewise responsible for maintaining the confidentiality and security of his login and password, any access to the Platform using the latter being deemed to have been made by the Customer. The latter must immediately contact LaserSeven if he notices that his Account has been used without his knowledge. He recognizes LaserSeven the right to take all appropriate measures in such a case.
Article 8. Services
8.1. Description of the Services
8.2. Génération d’un Devis sur la Plateforme
8.3. Confirmation and processing of the order
- Summarizes the elements of the order and the expected delivery time.
- Includes the invoice corresponding to the order.
8.4. Hosting of the Platform
LaserSeven undertakes to ensure, under the terms of an obligation of means, the hosting of the Accounts and any content published by the Client on his Account in accordance with the uses of the profession and the state of the art, on its own servers or by a professional hosting provider, carrying out its activity in accordance with the uses of the profession and the state of the art.
In this context, LaserSeven undertakes to provide the customer with sufficient storage and processing capacity within the framework of the Services, in accordance with the practices of the profession and the state of the art.
LaserSeven undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, concerning the protection and monitoring of the infrastructures, the control of physical and/or immaterial access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.
LaserSeven also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated data processing implemented for the needs of the Services, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.
8.5. Technical assistance
LaserSeven offers the Customer technical assistance accessible by email or by telephone at the following address: email@example.com allowing him to declare any difficulty encountered when using the Services.
8.6. Other Services
Article9. Financial conditions
9.1. Price of the Services
Unless otherwise stated, the selling price of the products is indicated in euros and exclusive of taxes in the Quotation. The price does not include transport, customs fees, and insurance, which remain at the expense of the customer and are also indicated in the Quotation.
Unless otherwise agreed in the Quotation, the order is validated by LaserSeven upon receipt of payment of 30 (thirty) % of the order price by the customer. Any validated order is firm and final and cannot be canceled. Failing that, as a penalty clause, this sum representing 30 (thirty) % of the price of the order will remain due to LaserSeven.
LaserSeven reserves the right, at its own discretion and according to the terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
9.2 Terms of payment
LaserSeven will send an invoice to the customer, by any means deemed useful, as soon as the order is completed.
Unless otherwise stated, invoices are sent by email and are payable within 15 (fifteen) days from the date of issue of the invoice.
The customer will pay the price by any means of payment deemed useful by LaserSeven, as available on the Platform and in particular through the payment provider indicated above.
When the order is made outside the Platform, the payment of the price can be made by bank transfer, check, or cash. The Quotation will specify the precise methods of payment agreed upon.
The customer guarantees LaserSeven that he has the necessary authorizations to proceed with the payment of the price.
It is recalled that the Quotation may specify any specific terms of payment the price.
9.3. Delays and defaults in payment
By express agreement between the parties, any delay in payment of all or part of an amount due to LaserSeven on its due date under these General Conditions will automatically, without prejudice to the provisions of the article “Sanctioning of defaults” and as of the day following the date of payment appearing on the invoice :
- The forfeiture of the term of all sums owed by the Client and their immediate payment, regardless of the terms of payment that had been foreseen;
- The invoicing to LaserSeven of late interest, due by the sole fact of the expiry of the contractual term, at the rate of one and a half times the legal interest rate, based on the amount of the debt not paid on the due date and a fixed indemnity of 40 (forty) € for collection costs, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.
Article 10. Reservation of ownership
LaserSeven retains full and complete ownership of the products sold until full payment of the price, including delivery costs.
Article 11. Delivery
The Platform indicates, for each product offered for sale, the possible delivery territories for this product.
The delivery of products ordered on the Platform will be made to the address indicated at the time of the Customer’s order as the “delivery address” (which may be different from the billing address), provided that it is located in the possible delivery territory for the products concerned.
Different delivery methods may be possible, depending on the product categories and their weight.
The Customer is informed before the validation of his order of the possible modes of delivery for the ordered product as well as the times and expenses corresponding to each of these modes.
The Customer must select the desired delivery method and give all the information necessary for the effective delivery of the product according to this method.
Article 12. Delivery time
The foreseeable delivery time for each order will be indicated in the corresponding Quote.
The customer expressly accepts that this period is only indicative and that LaserSeven cannot be held responsible in the event of a delay in delivery in relation to the announced period.
The customer is also expressly informed and accepts that :
- The ordered products are covered by the insurance of the carrier and LaserSeven until the reception of the order.
- It is up to him to check the delivered products as of reception and to formulate immediately all reserves and useful complaints to the attention of the conveyor, in particular in the event of damage undergone by the products.
- Any complaint as to the conformity or the quantity of the delivered products must be addressed to LaserSeven by e-mail or registered letter with acknowledgment of receipt within two (2) calendar days following the delivery. Otherwise, it cannot be taken into account.
The customer must imperatively date and sign the delivery receipt on which he must also affix
the stamp of his company as well as the name of the signatory. In case of non-compliance with
the above procedure, the Customer’s claims will be rejected.
Article 13. Agreement of proof
The Customer acknowledges and expressly accepts :
- That the data collected on the Platform and the computer equipment of LaserSeven are proof of the reality of the operations carried out in the framework of the present,
- That these data constitute the principal mode of proof admitted between the parties.
Article 14. Obligations and responsibility of the Customer
Without prejudice to the other obligations provided for in these General Conditions, the Customer undertakes to comply with the following obligations:
14.1. The Customer undertakes, in its use of the Services, to respect the General Terms and Conditions, as well as the laws and regulations in force, and not to infringe the rights of third parties or public order. The Customer is solely responsible for their use of the Platform and the Services.
14.2. The Customer undertakes to provide LaserSeven with all the information necessary for the proper execution of the Services. More generally the Client undertakes to cooperate actively with LaserSeven for the proper execution of the General Conditions.
14.3. The client is solely responsible for the documents, elements, data, information, and any content that he provides to LaserSeven within the framework of the use of the Services. He guarantees LaserSeven that he is entitled to provide him with these elements and that he has all the rights and authorizations necessary for their use in the context of the Services.
14.4 The customer acknowledges that he is aware of the Platform and its characteristics.
14.5. The Customer undertakes to make strictly personal use of the Services. Consequently, it is prohibited from assigning, conceding or transferring all or part of its rights or obligations
hereunder to a third party, in any manner whatsoever.
14.6. The customer guarantees LaserSeven that he has taken out the necessary insurance policies to insure and guarantee the consequences of his civil liability in the event that it is incurred, so as to cover the financial consequences of the damage for which he would be responsible.
14.7. The customers recognize and accept that the ordered products were personalized only on the basis of the information communicated to LaserSeven. In the event of a change in their needs, an additional quote may be sent to the customer.
14.8. The customers are solely responsible for the use they make of the metal parts ordered. It is their responsibility to verify the suitability of said parts for their specific needs prior to the purchase of said parts. Customers may at any time request information from LaserSeven on the identity of the manufacturer who placed their order. However, no order can b
Article15. Customer's guarantee
The customer guarantees LaserSeven against all complaints, claims, actions and/or demands of any kind that it could suffer because of the violation by the customer of any of its obligations or guarantees under the terms of these General Conditions.
The customer undertakes to compensate LaserSeven for any prejudice that it may suffer and to
pay all costs, charges and/or sentences that it may have to bear as a result.
Article 16. Responsibility and guarantee of LaserSeven
16.1. LaserSeven undertakes to provide the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the customer recognizes and expressly accepts.
16.2. LaserSeven intervenes exclusively for the purpose of providing the Services described in these General Conditions. In this respect, LaserSeven acts as an intermediary in that it facilitates the ordering of metal parts by customers, using its network of manufacturers. Thus, in the event of a complaint about the products, the Customer will be responsible for the possible return of the said products, at his expense. Only the manufacturer’s liability may be sought in the context of the present contract.
16.3. LaserSeven does not guarantee to the Customer that the Services offered will satisfy all of his needs and expectations. LaserSeven can in no way be held responsible for the use of metal parts by the customer.
16.4. LaserSeven undertakes to carry out regular checks to verify the functioning and accessibility of the Platform. In this respect, LaserSeven reserves the right to interrupt access to the Platform momentarily for maintenance reasons.
Likewise, LaserSeven cannot be held responsible for difficulties or temporary impossibilities of access to its Application which would have as their origin circumstances that are external to it, force majeure, or which would be due to disturbances of the telecommunication networks, the Customers being informed of the complexity of the world networks and of the influx, at certain times, of Internet users.
Article 17. Prohibited behaviors
17.1 It is strictly prohibited to use the Services for the following purposes
- Carrying out illegal, fraudulent activities or activities that infringe on the rights or safety of third parties,
- Undermining public order or violating applicable laws and regulations,
- Intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, or to violate the integrity or security thereof,
- Manipulations intended to improve the referencing of a third-party site,
- Helping or inciting, in any form and in any way whatsoever, one or more of the acts and activities described above,
- And more generally, any practice that diverts the Services to purposes other than those for which they were designed.
17.2 It is strictly forbidden for Customers to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data, or any other element of the Platform.
17.3 The following are also strictly prohibited
- Any behavior of nature to interrupt, suspend, slow down, or prevent the continuity of the Services,
- Any intrusions or attempted intrusions into the systems of LaserSeven,
- Any detour of the system resources of the Platform.
- Any actions of a nature to impose a disproportionate load on the infrastructures of the latter,
- Any infringement of security and authentication measures,
- All acts likely to undermine the rights and financial, commercial, or moral interests of LaserSeven, and finally more generally
- Any breach of these General Conditions.
17.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Platform, as well as the information hosted and/or shared there.
Article18. Sanctions for breaches
- Suspend, remove, or prevent access to the Services of the Client, the author of the breach or infringement, or having participated in it,
- Take all appropriate measures and initiate any legal action,
- To warn the competent authorities if necessary, to cooperate with them, and to provide them with all the information useful for the research and the repression of illegal or illicit activities
Article 19. Confidentiality
- Of which the receiving party had prior knowledge;
- Already public at the time of their communication or which would become public without violation of the Contract;
- Which would have been lawfully received from a third party
- The disclosure of which would be required by judicial authorities, pursuant to laws and regulations or in order to establish a party’s rights under the Contract.
Article 20. Intellectual property
The systems, software, structures, infrastructures, databases, codes, and contents of any kind (texts, images, visuals, logos, brands, databases, etc.) used by LaserSeven on the Platform are protected by all intellectual property rights or rights of producers of databases in force.
All disassembling, decompiling, decrypting, extracting, reusing, copying, and more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of LaserSeven are strictly prohibited and may be subject to legal proceedings.
Reciprocally, it is recalled that the customer remains the sole owner of the industrial property rights attached to the products that he orders through the Platform. It is nevertheless the Customer’s responsibility to take the necessary measures to protect said products, in particular by filing and/or registering them with the relevant intellectual property offices. In any case, LaserSeven cannot be held responsible for this.
Article21. Personal data
Article22. Commercial references
The Client expressly authorizes LaserSeven to quote him and to use, if necessary, the reproduction of his brand or his logo as commercial references, in particular during demonstrations or events, in his commercial documents, on his Application, and on his Site, in any form whatsoever during the duration of the General Conditions and 5 (five) years after its termination.
Article23. Links and third-party sites
LaserSeven can in no way be held responsible for the technical availability of websites operated by third parties (including its possible partners) to which the Customer would have access through the Platform.
LaserSeven does not assume any responsibility for the content, advertising, products, and/or services available on such third-party sites, which are governed by their own conditions of use.
LaserSeven is also not responsible for transactions between the Client and any advertiser, professional, or merchant (including its possible partners) to which the Client would be directed through the Platform and can in no way be a party to any possible disputes with these third
parties concerning, in particular, the purchase of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
Article24. Force majeure
No Party may be held liable for failure to perform its contractual obligations if such failure is due to an event beyond the control of the Parties and constituting force majeure, as defined in Article 1218 of the Civil Code.
By force majeure, the parties agree to understand in particular the occurrence of an event presenting the characteristics of unpredictability and irresistibility usually recognized by French law and courts as well as strikes, terrorist activities, riots, insurrections, wars, governmental actions, epidemics, natural disasters or failure attributable to a third party telecommunications provider.
The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties shall meet to determine together the most appropriate means to mitigate, if possible, the consequences of the event(s) constituting the force majeure.
If the case of force majeure lasts for more than 3 (three) months, either party may terminate the Contract, as of right, without judicial formality, without notice, and without the right to compensation of any kind, by sending a registered letter with acknowledgment of receipt with immediate effect.
If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain responsible for the performance of those obligations that are not affected by the case of force majeure as well as for its payment obligations.
Upon cessation of the force majeure, the affected party shall immediately inform the other party and resume the performance of the affected obligations within a reasonable time.
LaserSeven reserves the right to insert on any page of the Platform and in any communication to the Clients all advertising or promotional messages in a form and under conditions of which LaserSeven alone shall be the judge.
Article 26. Modifications and de-registration
LaserSeven reserves the right to modify these General Conditions at any time.
Customers will be informed of these modifications by any useful means.
The customer can unsubscribe from the Services at any time, by sending a request to this effect to LaserSeven by email, to the coordinates mentioned below, or via the Platform directly.
However, this unsubscription has no effect on the current Quotation.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
Article 28. Applicable law and jurisdiction
The Contract is subject to French law and shall be governed and interpreted according to that law.
Any dispute that may arise in connection with its validity, interpretation or execution shall be submitted to the exclusive jurisdiction of the Commercial Court of Nanterre (France), unless otherwise provided by mandatory procedural rules.