The Company OSE SERVICES, a limited liability company with a capital of 15,000 €, having its registered office at 61, rue traversière Paris, registered in the Paris Trade and Companies Register under number 2016B02325, SIRET 81801633900017. The company can be reached by email by clicking on the contact form accessible via the home page of the site www.ose-services.com
Hereinafter referred to as: "OSE" or the Company;
And the Customer
It is agreed and determined as follows:
OSE (On Site Expertise) specialises in technical support for physical and chemical analysis and expertise. OSE offers tailor-made solutions for on-site responses or technical expertises, particularly for industrialists and in the field of art objects.
The list and description of the services offered by the Company can be consulted on the above-mentioned website.
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the provision of services between OSE and the client.
These General Terms and Conditions (GTC) shall apply to all services provided through the Company which form part of the Contract between the customer and OSE. The company reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC shall be those in force on the date of the order form. These GCS can be consulted on the Company's website at the following address
www.ose-services.com.
The Company also ensures that their acceptance is clear and without reservation. The Client declares that it has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of contracting under French law or that he/she is validly representing the natural or legal person for whom he/she is contracting. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
The prices indicated in the quotation or price proposal shall be valid for a period of
30 days. After this date, any quotation must be revalidated. The prices of the services are indicated in Euros excluding taxes and are precisely determined on the quotation provided to the client in advance. They are also indicated in euros including all taxes (VAT + other possible taxes) on the same quote. For all services outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. The Company reserves the right to modify its prices at any time in the future.
Each mission begins with a detailed analysis of the request that the client entrusts to the company. This analysis makes it possible to define the process that will be put in place to ensure the successful completion of the planned service. It also allows us to define the pricing conditions that will be applied to each case. The company reserves the right to refuse a service, for example for any abnormal request, made in bad faith or for any legitimate reason.
The essential characteristics of the services and their respective prices are described at the time of the company's estimate. The latter certifies that he has received the quotation and accepts its price and terms. The period of validity of the offer is specified on the Company's quote. OSE SERVICES reserves the right to subcontract all or part of the services in compliance with the provisions of its General Terms and Conditions of Sale. OSE SERVICES remains responsible for the subcontracted services and their execution.
The company undertakes to consider as strictly confidential and consequently refrains from communicating to anyone, all or part of the information of any kind, commercial, industrial, technical, financial, personal, data, which will have been communicated to them by the client. The obligation of confidentiality referred to above does not apply to
- to information that the client has explicitly authorised to be transmitted
- in the event that the company needs to justify to the tax authorities the entries made in execution of the present contract.
- to the communication of this contract and its annexes to the lawyers, chartered accountants and auditors of the parties, who are subject to professional secrecy with regard to their client.
- if the communication of this contract and its annexes is directly dictated by the application of this contract made necessary to assert legal rights.
- to information in the public domain,
- information disclosed by a third party with the right to do so.
This agreement shall not prevent the provider from entering into similar agreements with other third parties with similar or different activities.
The company is responsible for the proper management of the services entrusted. However, its obligation is only an obligation of means and not of result. The company shall not be liable for indirect damage, including loss of profits or expected savings, even if the company had knowledge of the possibility of the occurrence of such damage, even if this is due to a fault on the part of the company or to a fault in the performance of the service under this contract.
Insurance: The company certifies that it has taken out and undertakes to maintain in force for the entire duration of its commitments under this contract, professional civil liability insurance with a solvent insurance company established in France, guaranteeing the financial consequences of its civil, professional and/or contractual liability as a result of damage and harm that may be caused to the client and to any third party within the framework of the execution of this contract. At any time, the company must prove that it has maintained the guarantees and paid the premiums of its insurance contract.
The estimated time of execution shall be made known to the client in the estimate submitted. This timeframe does not take into account the preparation time for the service. The company provides a telephone contact point indicated in the quote.
Payment is due upon invoicing. A deposit may be requested depending on the scope of the service. This information will then be indicated in the price offer or quote. In the event of refusal of payment, non-payment or non-compliance with one of the clauses of this contract, the company will send a letter of formal notice by registered mail. If the debtor fails to comply within 10 days, the service provider may then demand payment of all sums due under the contract, payment of penalties as defined below, without prejudice to any damages. In the event of delay, interest will be charged at a rate of 3.5 times the legal interest rate.
If necessary, the customer may submit any complaint by contacting the company using the following contact details: contact@oseservices.com, indicating the customer references and explaining the reasons for the complaint.
Trademarks, domain names, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of OSE. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
The performance of the company's obligations under these GTC shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. The company shall notify the client of the occurrence of such an event as soon as possible.
If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which would remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, the customer consents to the collection and use of this data by the company for the performance of the present contract. By entering his/her email address on one of the websites, the customer may receive emails containing information and offers concerning services offered by the Company. The client may unsubscribe at any time. To do so, the client must click on the link at the end of the email or contact the person responsible for processing (the Company) by registered letter. The company monitors the traffic on all its sites. To do this, we use tools such as Google Analytics.
A clause limiting the company's liability for the performance of the service to 1500 euros is stipulated.
All the clauses contained in these general terms and conditions of sale, as well as all the services referred to herein, shall be subject to French law.