ARTICLE 1 - Scope of application

The present General Terms and Conditions of Sale apply to all services and sales concluded by the Company “POCKOST” with professional and private customers, regardless of the clauses that may appear on the Customer’s documents, and in particular its general terms and conditions of purchase, over which the present General Terms and Conditions of Sale prevail in accordance with the provisions of article L 441-6 of the French Commercial Code, and concern :

The sale of computer equipment (network, PC, screen…), The sale of computer maintenance services, troubleshooting, assistance, training in the IT field, etc. Rental of equipment In accordance with the regulations in force, these General Terms and Conditions of Sale are systematically communicated to any Customer who requests them, to enable him to place an order with the Service Provider. The supplier provides its customers with the said General Terms and Conditions of Sale by simple request to the Company “POCKOST” and on its website.

ARTICLE 2 - Orders

Orders must be confirmed in writing (by post or e-mail).

The commitment to supply services and/or goods is only complete and definitive after express written acceptance of the Client’s order, evidenced by an acknowledgement of receipt from the Supplier.

Any changes to the order requested by the Customer will only be taken into account, within the limits of the Supplier’s possibilities, if they are notified in writing at least fifteen (15) days before the date scheduled for the provision of the services and products ordered.

Any order for the provision of a service or the rental of recurring equipment commits the Client to pay the costs thereof, for as long as the Client does not contest the contract.

The Client may dispute a recurring service provision or equipment rental contract at any time by writing to the Supplier. The service will be terminated at the end of the current month if notice is given before the 15th of the month. The service will be terminated at the end of the following month in the event of a dispute after the 15th of the current month (inclusive).

ARTICLE 3 - Prices

The services and products are provided at the rates mentioned in the commercial proposal addressed to the Customer.

The prices listed therein are firm and non-revisable during their period of validity.

The rates are net and exclusive of tax.

An invoice is drawn up by the Supplier and given to the Client at the time of each supply of services and sale of products on delivery. In the case of a recurring service, an invoice is issued at the beginning of the month for the entire previous month; the first month is invoiced on a pro rata basis.

ARTICLE 4 - Terms of payment

4-1 Settlement period

Unless otherwise agreed, all our sales of services are payable within 30 days of the end of the month. The place of payment is at the registered office of POCKOST.

Concerning the sales of equipment, the price is payable cash, in full, on the day of delivery of the products under the conditions defined herein and as indicated on the invoice given to the Customer.

The Supplier reserves the right to ask for a deposit corresponding to 30% of the total price of the services ordered and/or the products sold when placing the order.

The balance of the price will then be payable at 30 days end of month on the day of provision of the said services and contant on the day of delivery of the products for the sale of equipment.

The Supplier shall not be obliged to provide the services and/or deliver the products ordered by the Customer if the Customer does not pay the price in accordance with the terms and conditions set out in these General Terms and Conditions of Sale.

No discount will be applied by the Supplier for payment in cash or prior to the one indicated in these General Terms and Conditions of Sale or on the invoice issued by the Supplier.

In the case of direct debit, direct debits shall be issued from the 15th of the month in which the invoice is issued.

4-2 Penalties for delay

In the event of late payment of the sums due by the Customer beyond the time limit set out above, and after the payment date appearing on the invoice sent to the Customer, late payment penalties will be applied, calculated at a monthly rate of 1.5 times the legal interest rate on the amount including tax of the price of the services and/or products appearing on the said invoice, and the payment of a lump-sum indemnity for collection costs in the amount of €40, shall be automatically and ipso jure acquired by the Supplier, without any formality or prior formal notice, without prejudice to any other action that the Supplier may be entitled to take against the Client in this respect.

In the event of non-compliance with the payment conditions set out above, the Supplier further reserves the right to suspend or cancel the provision of services ordered by the Customer, and/or to suspend and cancel the delivery of orders in progress on the part of the Customer, or to suspend the performance of its obligations.

4-3 Absence of compensation

Except with the express, prior and written agreement of the Supplier, and provided that the reciprocal claims and debts are certain, liquid and due, no set-off may be validly made between any penalties for delay in the provision of the services ordered or non-compliance of the services with the order and the sums due for the purchase of said services from the Supplier.

4-4 Retention of ownership clauses

In the event of non-payment by the Customer of all or part of the price of the product order, the Supplier reserves, until full payment has been made, a right of ownership over the products sold, allowing it to repossess the said products.

Any deposit paid by the Customer shall remain the property of the Supplier by way of fixed compensation, without prejudice to any other action that the Supplier may be entitled to take against the Customer as a result.

ARTICLE 5 - Terms and conditions for the provision of services

The services requested by the Client will be provided under the conditions and within the time limits agreed between the Supplier and the Client.

In the absence of any reservations or complaints expressly made by the Client upon receipt of the services, they shall be presumed to be in accordance with the order, in terms of quantity and quality.

ARTICLE 6 - Delivery of the products sold

The products acquired by the Customer will be delivered within a reasonable period of time from receipt by the Supplier of the corresponding order form properly signed and accompanied by the amount of any deposit due on that date.

The Supplier will inform the Customer of any delay in the delivery of the products ordered.

The Customer is required to check the apparent condition of the products upon delivery. In the absence of any reservations expressly expressed by the Customer at the time of delivery, the products delivered by the Supplier shall be reputed to conform in quantity and quality to the order.

The Customer shall have a period of eight (8) days from delivery and receipt of the products ordered to express such complaints to the Supplier in writing by registered letter with acknowledgement of receipt.

No claim will be validly accepted in case of failure to comply with these formalities.

The Supplier shall replace as soon as possible and at its own expense, the products delivered whose lack of conformity has been duly proven by the Customer.

ARTICLE 7 - Transfer of ownership - Transfer of risks.

The transfer of ownership of the Supplier’s products to the Client will only be completed after full payment of the price by the Client, regardless of the delivery date of the said products.

On the other hand, the transfer of the risks of loss and deterioration of the Supplier’s products will take place upon delivery and receipt of the said products by the Client.

ARTICLE 8 - Liability of the Supplier - Warranty

The Supplier guarantees, in accordance with the legal provisions, the Client against any latent defect, arising from a defect in the design or execution of the services provided and making them unfit for the use for which they were intended, arising from a defect in the material, design or manufacture affecting the products delivered and making them unfit for use.

Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the goods sold or in the event of force majeure.

In order to assert its rights, the Customer must, on pain of forfeiture of any action relating thereto, inform the Supplier, in writing and by registered letter with acknowledgement of receipt, of the existence of the defects within a maximum period of eight (8) days from their discovery.

The Supplier shall rectify or have rectified, at its exclusive expense, the services deemed to be defective or shall replace or have repaired the products or parts deemed to be defective.

ARTICLE 9 - Disputes

All disputes to which the present contract may give rise, concerning its validity, interpretation, execution, termination, consequences and follow-up will be submitted to the competent courts under the conditions of common law.

ARTICLE 10 - Language of the contract - Applicable law

By express agreement between the parties, this contract is governed and subject to French law.

ARTICLE 11 - Acceptance by the Client

These General Terms and Conditions of Sale are expressly approved and accepted by the Client, who declares and acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms and conditions of purchase, which shall be unenforceable against the Supplier, even if it has had knowledge of them.