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 equipment and supplies
47749 – Retail sale of medical and orthopaedic equipment on specialised premises (excluding hearing aids)
62020 – Computer engineering and consulting activities
62030 – Sale of medical and high-tech equipment, management of computer equipment installations

PREAMBLE

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

DEFINITIONS

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

REGISTRATION

Registration on the site is open to all legal entities or individuals of full age and enjoying their full personality and legal capacity.
The use of the services offered on the site is conditional on 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 delivered. Otherwise the registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the site, in particular at the time of their registration, is accurate and true. They undertake to update their personal information from the page dedicated to this information and available in their account.
Each registered user has a login and a password. These are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the registered user in breach. Each registered user is personally responsible for maintaining the confidentiality of his/her login and password.
The company shall not 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 regularise 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 GTC/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.
The 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 prior to the deletion of the account will be fulfilled 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 T&C/GU, the offending User is expressly prohibited from re-registering on the Site directly, via another email address or through an intermediary without the express permission of the company.

SERVICES AND PRICES

The Services which are the subject of the GTC/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 through the Site, the price indicated on the page of the service corresponds to the price in euros excluding taxes (HT) and takes into account the applicable discounts in force on the day of the Order. The price indicated does not include any ancillary costs, which will be indicated, where applicable, in the summary before placing the order.
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 of their Order. For services for which the price cannot be known a priori or indicated with certainty, a detailed quote will be sent to the client.
Under no circumstances shall a User be entitled to 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. The User may add Services to his virtual basket when he is logged in to his account. The User can access the summary of his virtual basket in order to confirm the Services he wishes to order and place his Order by pressing the “Order” button.
The Customer 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.
The registration of an Order on the Web Site is completed when the client accepts the GTC/GU by ticking the box provided for this purpose and validates the Order. This validation constitutes proof of the sales contract. Once the Sales Order has been finalised, the client accepts the prices and conditions of the services as indicated on the Web Site.
Once the Sales Order has been placed, the client will receive confirmation by e-mail. This confirmation will include a summary of the Order and information concerning the provision of the service(s).
In the event of non-payment, incorrect address or any other problem with the client’s account, the company reserves the right to block the client’s order until the problem has been resolved. In the event that 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 this service will be cancelled and reimbursed, the rest 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 client 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.

PAYMENT TERMS AND CONDITIONS

Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the company is free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.

Payment may be made by :

Bank transfer.
Credit card.
In the event of non-payment of all or part of the services on the date agreed on the invoice, the Professional client 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 shall be the most recent on the date of the Order for the provision of Services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
In the event of non-payment of all or part of the services on the date agreed on the invoice, the consumer client shall pay the company a late payment penalty equal to the legal interest rate.
No compensation may be made by the client between penalties for late provision of the services ordered and sums owed by the client to the company for the purchase of Services offered on the Site.
The penalty due by the client, 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 any prior formal notice being necessary.
In the event of non-compliance with the payment conditions described above, the company reserves the right to cancel or suspend the sale.

PERFORMANCE OF THE SERVICES

The services ordered on the Site will be provided by IBSGROUPE LTD and also the partner companies.
The companies undertake to implement all the human and material means to carry out the service within the deadlines announced at the time of placing the Order. However, it can in no way be held responsible for delays in the provision of services caused by faults that are not attributable to it.
If the services have not been carried out within the time limit specified, the client may request that the sale be cancelled in accordance with the conditions set out in Articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the customer shall be returned to him at the latest within 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 of the client 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 execution of a physical service could not be carried out or would have been postponed due to an error on the address indicated by the client, the travel expenses of the service provider mandated by the company to carry out the unsuccessful service will be charged to the client.

CLAIMS

For all orders placed on this site, the client has a right of complaint of 20 days from the provision of the service.
In order to exercise this right of complaint, the customer must send a statement to the company at dircom[@]ibsgroupe.com expressing their reservations and complaints, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above cannot be accepted.
After examining the complaint, the site may replace or reimburse the Services as soon as possible and at its expense.

CONSUMER’S RIGHT OF WITHDRAWAL

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

“The right of withdrawal may not be exercised for contracts :
1. the supply of services fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his prior express 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 trader’s control 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 which 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, are by their nature inseparably mixed with other articles
7. the supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which agreed upon 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 limits of spare parts and work strictly necessary to meet 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 contracts for subscriptions to such publications
11° Concluded at a public auction;
12° The provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
13. the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.

To exercise this right of withdrawal, the consumer sends a declaration to the address: dircom[@]ibsgroupe.com
The consumer will be reimbursed for the totality of the fees paid for the services within 14 days of the company becoming aware of his declaration of withdrawal. The refund will be made by the same means of payment as the one used for the purchase.
However, if the service has already been provided on the date the company becomes aware of the withdrawal, the value of the service already provided shall be deducted from the refund. The refund shall be made by the same means of payment as for the purchase.

PROCESSING OF PERSONAL DATA

Registration on the site entails the processing of the customer’s personal data. If the customer refuses the processing of his/her data, he/she is requested to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the Data Protection Act of 6 January 1978, the customer has, at any time, a right to query, access, rectify, modify and oppose all of his personal data by writing, by mail and proving his identity, to the following address: legales[@]ibsgroupe.com
This personal data is necessary for the processing of the Order and the preparation of invoices, if applicable, as well as for the improvement of the Site’s functions.

SHARING OF COLLECTED DATA

The site may use third-party companies to carry out certain operations. By browsing the site, the customer accepts that third-party companies may have access to his/her data to enable the proper functioning of the site.
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 oppose the receipt of these commercial offers by writing to the company’s address indicated above, or by clicking on the link provided for this purpose in the e-mails received.
Furthermore, customer information may be passed on to third parties without their prior express consent in order to achieve the following purposes:

To comply with the law.
To protect any person from serious bodily harm or death.
To combat fraud or harm to the company or its users.
Protect the company’s property rights.

DATA PROTECTION

By aligning with the RGPD, 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 flow freely between the UK and the EU following Brexit.

The GDPR has direct effect in all EU member states. This means that businesses will still need to comply with this regulation and look to the RGPD for most legal obligations. However, the GDPR also gives Member States limited scope to make provisions on how it applies in their country. Some notable provisions make use of the ability of Member States 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 section that transposes the EU Data Protection Directive 2016/680 (Enforcement Directive) into UK domestic 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

In order to allow its users to benefit from optimal navigation on the site and better operation of the various interfaces and applications, the company may place a cookie on the user’s computer. This cookie enables information relating to navigation on the site to be stored, 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 disk.
The user has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or features of the site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

MODIFICATIONS

The Company reserves the right to modify the site, the services offered therein, the GTC/GTC as well as any delivery procedure or other element constituting the services provided by the Company through the site.
When placing an order, the user is subject to the stipulations set out in the GTC/GU in force at the time the order is placed.

LIABILITY

The company can in no way 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, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the company cannot be held responsible for delays in the provision of a service for reasons that are beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.

INTELLECTUAL PROPERTY

The brand, logo, signs as well as all the contents of the site (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright. The User must request prior authorisation from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context; any use for commercial or advertising purposes is strictly forbidden. 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. It is recalled in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content must cite the author and its source.

JURISDICTION CLAUSE

The law governing the GTC/GU is British law. Any dispute that may arise between the company and a user in 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 the present general terms of use (known as “GCU”) is to provide a legal framework for the terms and conditions of provision of the site and services by and to define the conditions of access and use of the services by the “User”. The present GTU are accessible on the site under the heading “GTU”.

PRE-CONTRACTUAL INFORMATION

Prior to placing an order, the customer acknowledges having been provided, in a legible and comprehensible manner, with the GTC/GU and the information and data provided, in particular

The essential characteristics of the services.
The price of the services.
The date or period within 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 their implementation methods.
The possibility of resorting to conventional mediation in the event of a dispute.
Information relating to the right of withdrawal (deadline, methods of exercise).
Placing an order on the site implies acceptance of the GCS/GU. The customer may not rely on a contradictory document.

GCU: General Terms and Conditions of Use *GTC: General Terms and Conditions of Sale