ABOUT US

IBSGROUPE LTD, whose registered office is at 27, old Gloucester Street, LONDON, WC1N 3AX, United Kingdom, registered under number 13674259 (hereinafter the “Company”).

The company offers the following services:

32500 – Turnkey Supplier of medical and dental instruments and supplies 47749 – Retail sale of medical and orthopaedic equipment on specialised premises (excluding hearing aids) 62020 – Computer engineering consultancy and service activities 62030 – Sale of medical and high-tech equipment, management of computer equipment installations…

PREAMBLE

The company invites its users to read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/UGU”) carefully. The GCS/UGU apply to all services provided by the company to its customers in the same category, regardless of any clauses that may be included in the customer’s documents, in particular its general terms and conditions of purchase. The CGV/CGU are systematically communicated to any customer who requests them. The customer is obliged to read the GCS/GUP before placing any order. In the event of any subsequent amendment to the GCS/GUP, the customer shall be subject to the version in force at the time the order was placed. The data recorded in the company’s computer system constitutes proof of the transactions concluded with the customer.

DEFINITIONS

“Customer” refers to any natural or legal person who places an order on this website. “Order” refers to any order placed by a user registered on this site with a view to benefiting from the company’s services. “General Terms and Conditions of Sale and Use” or “GTC/UGU” refers to these online general terms and conditions of sale and use. “Consumer” refers to the buyer, a natural person who is not acting for professional purposes and/or outside their professional activity. “Professional” refers to the buyer, whether a legal entity or an individual, who is acting in the context of his or her professional activity. “Services” refers to all the services offered to Users by the company via this site. “Site” refers to this site, i.e. https://ibsgroupe.com. “Company” means the company IBSGROUPE, more fully described in Article I hereof. “User” refers to any person who uses the site.

REGISTRATION

Registration on the site is open to all individuals and legal entities of full age and with full legal capacity. The use of the services offered on the site is subject to the user’s registration on the site. Registration is free of charge. To register, the user must fill in all the mandatory fields, without which the service cannot be provided. Failure to do so will prevent registration from being completed. Users guarantee and declare on their honour that all the information communicated on the site, in particular when registering, is accurate and true. They undertake to update their personal information on the page dedicated to this information and available in their account. All registered users have a username and password. These are strictly personal and confidential and may not under any circumstances be communicated to third parties, failing which the registered User’s account will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. Under no circumstances will the company be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she must contact the company as soon as possible so that the latter can take the necessary measures and rectify the situation. Each User, whether a legal entity or an individual, may only hold one account on the Site. In the event of non-compliance with the GCS/GU, in particular the creation of several accounts for a single person or the provision of false information, the company reserves the right to temporarily or permanently delete all accounts created by the offending registered User. Deletion of the account will result in the permanent loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site before the account is deleted will be carried out under normal conditions. In the event of deletion of an account by the company for failure to comply with the duties and obligations set out in the GCS/GU, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorisation of the company.

SERVICES AND PRICES

The Services covered by the GCS/GU are those which appear on the Site and which are offered directly by the company or its partner service providers. The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The company cannot be held responsible for the impossibility of carrying out the said service when the User is not eligible. When a registered User wishes to obtain a service sold by the company via the Site, the price indicated on the page of the service corresponds to the price in euros excluding tax (HT) and takes into account the applicable discounts in force on the day of the Order. The price indicated does not include ancillary costs, which will be indicated where applicable in the summary before the order is placed. The company reserves the right to modify its prices at any time. It undertakes to invoice the services at the rate applicable at the time the Order is placed. For services for which the price cannot be known in advance or indicated with certainty, a detailed quotation will be sent to the Customer. Under no circumstances may a User demand the application of discounts that are no longer in force on the date of the Order.

ORDERS

Orders can only be placed once the User has registered on the Site. Once logged into their account, Users can add Services to their virtual basket. They can access the summary of their virtual basket in order to confirm the Services they wish to order and place their Order by pressing the “Order” button. They must then enter their address, the delivery method and a valid payment method in order to finalise the order and effectively form the sales contract between them and the company. An Order is registered on the Web Site when the Customer accepts the GTC/GTC by ticking the appropriate box and validates the Order. This validation constitutes proof of the sales contract. Completion of the Order implies acceptance of the prices and terms and conditions of the services as indicated on the Web Site. Once the Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will summarise the Order and the information relating to the provision of the service(s). In the event of non-payment, the Customer’s incorrect address or any other problem with the Customer’s account, the Company reserves the right to block the Customer’s Order until the problem has been resolved. If it is impossible to carry out the service, the Customer will be informed by e-mail to the address provided to the company. In this case, the order for the service will be cancelled and reimbursed, with the remainder of the order remaining firm and definitive. In the event of cancellation of an Order accepted by the Company less than 2 days before the date on which the Service is due to be provided, for reasons other than force majeure, the Company reserves the right to retain 10% of the amount of the Order excluding VAT by way of compensation for the loss suffered. The company may grant the customer price reductions, discounts and rebates depending on the number of Services ordered or the regularity of the Orders, in accordance with the conditions set by the company.

TERMS AND CONDITIONS OF PAYMENT

Unless otherwise stipulated, all sales are payable in cash when the Order is placed. Depending on the nature or value of the Order, the company remains free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.

Payment can be made by:

  • Bank transfer.
  • Credit Card

In the event of non-payment of all or part of the services by the date agreed on the invoice, the Professional customer shall pay the company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation used is the most recent at the date of the Order for the services. In addition to the late payment penalties, any sum, including the deposit, not paid on the due date will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs. In the event of total or partial non-payment of the services by the date agreed on the invoice, the consumer customer will be required to pay the company a late payment penalty equal to the legal interest rate. No compensation may be made by the customer between penalties for late provision of the services ordered and sums owed by the customer to the company in respect of the purchase of Services offered on the Site. The penalty payable by the customer, whether Professional or Consumer, is calculated on the amount, including all taxes, of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice. In the event of non-compliance with the payment conditions described above, the company reserves the right to cancel or suspend the sale.

SERVICES PROVIDED BY IBSGROUPE LTD

The services ordered on the Site will be provided by IBSGROUPE LTD and its partner companies. The companies undertake to implement all human and material resources to carry out the service within the deadlines announced when the Order was placed. However, under no circumstances may it be held responsible for delays in the provision of services caused by faults for which it is not responsible. If the services have not been provided within the stipulated period, the Customer may request that the sale be cancelled in accordance with Articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the customer will be refunded no later than fourteen days following the date of cancellation of the contract. This provision does not apply when the company’s delay is due to a fault on the part of the customer or to a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the company’s control. In the event that the performance of a physical service could not be carried out or was postponed due to an error in the address indicated by the customer, the travel costs of the service provider appointed by the company to carry out the unsuccessful service will be borne by the customer.

CLAIMS

For all orders placed on this site, the customer has a right of complaint 20 days after the service has been provided. In order to exercise this right of complaint, the customer must send the company, at the address dircom[@]ibsgroupe.com, a statement in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents. A complaint that does not comply with the conditions described above will not be accepted. After examining the complaint, the site may, where appropriate, replace or reimburse the Services as quickly as possible and at its own expense.

CONSUMER’S RIGHT OF WITHDRAWAL

The consumer has a right of withdrawal of 14 days from placing the order.

“The right of withdrawal may not be exercised for contracts : 1° For the supply of services which have been fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal; 2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period; 3° The supply of goods made to the consumer’s specifications or clearly personalised; 4° The supply of goods that are likely to deteriorate or expire rapidly; 5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6° The supply of goods which, after delivery and by their nature, are indissociably mixed with other items; 7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader; 8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency; 9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; 10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; 11° Concluded at a public auction; 12° Provision of accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period; 13° The supply of digital content not provided on a tangible medium, where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

To exercise this right of withdrawal, the consumer must send a declaration to the following address: dircom[@]ibsgroupe.com He/she will be reimbursed for the totality of the fees paid for the provision of services within 14 days of the company becoming aware of his/her declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase. However, if the service has already begun on the date on which the company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the refund. The refund will be made by the same means of payment as for the purchase.

TREATMENT OF PERSONAL DATA

Registration on the Site entails the processing of the customer’s personal data. If the customer refuses the processing of their data, they are asked to refrain from using the Site. This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016. In addition, in accordance with the French Data Protection Act of 6 January 1978, customers have the right to query, access, rectify, modify and object to all their personal data at any time by writing to the following address, providing proof of identity: legales[@]ibsgroupe.com. This personal data is required to process the Customer’s Order and to prepare any invoices, as well as to improve the functionality of the website.

SHARING THE DATA COLLECTED

The site may use third-party companies to carry out certain operations. By browsing the site, customers accept that third-party companies may have access to their data to enable the site to function properly. These third-party companies only have access to the data collected in order to carry out a specific task. The Site remains responsible for the processing of this data. In addition, the user may receive information or commercial offers from the company or its partners. The user may at any time object to receiving such commercial offers by writing to the company address given above, or by clicking on the link provided for this purpose in the e-mails received. In addition, customer information may be passed on to third parties without their express prior consent for the following purposes:

  • Respect the law.
  • Protect all persons from serious injury or death.
  • Fight against fraud or attacks on the company or its users.
  • Protect the company’s property rights.

DATA PROTECTION

By aligning with the GDPR, the UK hopes to build an improved data protection mechanism that goes beyond the adequacy model that the EU imposes on “third” countries, allowing personal data to move freely between the UK and the EU following Brexit.

The RGPD has direct effect in all EU Member States. This means that businesses will always have to comply with this regulation and look to the RGPD for most legal obligations. However, the GDPR also gives member states limited opportunities to make provisions for how it applies in their country. Some notable provisions make use of Member States’ ability to implement different measures from the GDPR, the so-called “national derogations”, in the following areas: exemptions from certain rights and obligations set out in the GDPR in relation to certain criminal and immigration matters, for example, as well as for reasons of freedom of expression and information (for journalistic, academic, artistic purposes). For this reason it is important that the GDPR and the DPA 2018 are read side by side.

It also includes a part which transposes the EU Data Protection Directive 2016/680 (Enforcement Directive) into UK national law. The Directive complements the General Data Protection Regulation and Part 3 of the DPA 2018 sets out requirements for the processing of personal data for ‘law enforcement’ purposes.However, these measures are by no means a guarantee and do not commit the company to an obligation of result regarding data security.


COOKIES

To enable its users to benefit from optimal browsing of the site and improved operation of the various interfaces and applications, the company may place a cookie on the user’s computer. This cookie stores information relating to navigation on the site, as well as any data entered by users (in particular searches, login, email, password). The user expressly authorises the company to place a “cookie” file on the user’s hard drive. The user has the option of blocking, modifying the storage period or deleting this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or functionalities of the site, this malfunctioning shall under no circumstances constitute damage for the member, who shall not be entitled to claim any compensation as a result.

CHANGES

The Company reserves the right to modify the site, the services offered therein, the GTC/GTC and any delivery procedure or other component of the services provided by the Company via the site. When placing an order, the user is subject to the stipulations set out in the GCS/GUU in force at the time the order is placed.

RESPONSIBILITY

The company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the company reserves the right, on a voluntary basis, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation. As previously mentioned herein, the company may under no circumstances be held liable for delays in the provision of a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

INTELLECTUAL PROPERTY RIGHTS

The brand, logo, signs and all content on the site (text, images, sound, etc.) are protected by the French Intellectual Property Code, and more specifically by copyright. The User must request prior authorisation from the site for any reproduction, publication or copying of the various contents. The User undertakes to use the content of the site in a strictly private context; any use for commercial or advertising purposes is strictly prohibited. Any total or partial representation of this site by any process whatsoever, without the express permission of IBSGROUPE LTD would constitute an infringement punishable by Article L 335-2 and following of the Code of Intellectual Property. In accordance with article L122-5 of the Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.

ATTRIBUTIVE CLAUSE OF COMPETENCE

The law governing the GCS/GUU is British law. Any dispute that may arise between the company and a user during the performance of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law. The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) is to provide a legal framework for the terms and conditions under which the site and services are made available by and to define the conditions of access to and use of the services by the “User”. These GCU are available on the site under the heading “GCU”.

PRE-CONTRACTUAL INFORMATION

Prior to placing an order, the customer acknowledges that he/she has been provided, in a legible and comprehensible manner, with the GCS/GUI and the information and details provided, in particular:

  • The essential characteristics of the services.
  • The price of the services.
  • The date or deadline by which the company undertakes to provide the service.
  • Information relating to the identity of the company (postal, telephone and electronic contact details).
  • Information relating to legal and contractual guarantees and how they apply.
  • The possibility of resorting to conventional mediation in the event of a dispute.
  • Information on the right of withdrawal (deadline, how to exercise).

Placing an order on the site implies acceptance of the GCS/GUU. The customer may not rely on a contradictory document.

CGU: General Terms and Conditions of Use *CGV: General Terms and Conditions of Sale