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Des condition générales des DM

Vous trouverez ici les conditions générales susceptibles de vous concerner sur les sites Académie et DM Experts


ARTICLE 1 – PREAMBLE

1.1. DM Experts, a simplified joint stock company (SAS) with a share capital of €5,000.00, registered in the Paris Trade and Companies Register under number 803 862 325 and whose registered office is located at 2-4 rue Yvon Villarceau – 75116 PARIS, is dedicated to medical devices monitoring, information, learning and consulting.

1.2. The purpose of these General Terms and Conditions is to define the rights and obligations of DM Experts and the Purchaser with regard to the purchase and performance of the services referred to in Article 4 hereof.

ARTICLE 2 – DEFINITIONS

The following terms and expressions shall, unless otherwise specified, have the meaning given to them below if they appear with their first letter in capital letters, whether in the singular or plural in these terms:
Purchaser“: Refers to any person who has subscribed to the Service Provider’s offer as defined on the website: https://www.dm-experts.fr or its subdomain https://academie.dm-experts.fr/
Service Provider“: Refers to DM Experts. The Purchaser and the Service Provider are hereinafter referred to collectively as “the Parties” or individually as “one Party”.

ARTICLE 3 – COMPLETENESS

3.1. These general terms and conditions express all the obligations of the Parties. They constitute the sole basis of the commercial relationship between the Parties, and, in this sense, the Purchaser is deemed to accept them without reservation.

3.2. These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase.

3.3. The Service Provider and the Purchaser agree that these general terms and conditions exclusively govern their relationship. The Service Provider reserves the right to modify its general terms and conditions from time to time.

3.4. They will be applicable from the time they are put online until they are deleted from the website https://www.dm-experts.fr or its subdomain https://academie.dm-experts.fr/.

ARTICLE 4 – PURPOSE

4.1. The purpose of these general conditions is to define the rights and obligations of the Parties in connection with the online sale of the service offered by the Service Provider to the Purchaser.

4.2 They concern five types of services:
(i) the participation to or purchase of the video of conferences provided by the Service Provider,
(ii) the participation on site or by Internet or the purchase of the video of interactive conferences provided by the Service Provider,
(iii) the purchase of e-learning,
(iv) the purchase of documents, or
(v) access to an online knowledge database.

4.2.1. The conferences:
(i) These general conditions apply to the purchase of a seat for any conference proposed by the Service Provider on its website https://www.dm-experts.fr
(ii) They also apply to the purchase of the video recording of the conference that can be viewed directly in streaming on the website https://www.dm-experts.fr or to the purchase of e-learning courses.
(iii) The specific conditions related to streaming viewing (including duration and quality) of the video recording are those indicated on the website https://www.dm-experts.fr when placing the order.
(iv) The planning and description of the conferences are available on the website https://www.dm-experts.fr .The services are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the Service Provider may not be held liable.
(v) The Service Provider reserves the right to modify the speakers without notice.

4.2.2. Interactive conferences:
(i) The Service Provider also offers interactive conferences. The Buyer can follow these interactive conferences by participating in person or remotely by live video streaming or through deferred access to the video recording of the interactive conference streamable on the website https://www.dm-experts.fr
(ii) These general conditions apply both to the Purchaser’s participation in the interactive conference (on-site or remote live) and to the deferred viewing of the interactive conference.
(iii) The description of the video recording of the interactive conference (including duration and quality) is as indicated on the website https://www.dm-experts.fr
(iv) The planning and description of the interactive conferences are available on the website https://www.dm-experts.fr. The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the Service Provider may not be held liable.
(v) The Service Provider reserves the right to modify the speakers without notice.

4.2.3. E-learning:
(i) The Service Provider also offers e-learning. The buyer can acquire access rights for e-learning. These rights may be limited in time, as specified on the https://academie.dm-experts.fr website.
(ii) The description of e-learning is available on the website https://academie.dm-experts.fr. The content of the training courses is described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the Service Provider may not be held liable.
(iii) During distance training, the Purchaser may ask questions and obtain answers from DM Experts’ speakers: the questions he has asked are likely to be published by DM Experts with the answers provided, in order to benefit other people.

4.2.4 The purchase of documents:
(i) The service provider also offers to purchase documents. The Purchaser can buy these documents and download them from the website https://www.dm-experts.fr.
(ii) The description of the documents offered forsale is indicated on the website https://www.dm-experts.fr

4.2.5 Access to an online knowledge database:
(i) The service provider also offers access to an online service to consult a knowledge database of questions and answers on regulations (UE° 2017/745 and (UE) 2017/746). The buyer can acquire online consultation rights on the website https://www.dm-experts.fr. These rights will be limited in the number of consultations of the database.
(ii) The description of the online consultation service is available on the website https://www.dm-experts.fr.

ARTICLE 5 – ORDER

5.1 The Purchaser places his order online using the form on the website https://www.dm-experts.fr  for conferences or interactive conferences, or on the website https://academie.dm-experts.fr for elearning.

5.2. For the order to be validated, the Purchaser shall approve, by clicking on the place indicated on the site, the present general conditions.

5.3. The order will only be validated upon receipt of payment.

5.4. The validation of the order by the Service Provider will result in the sending of a confirmation email from the Service Provider.

5.5. Any order placed confirms Purchaser’s express consent to both the prices and the services offered.

5.6. For any question relating to the follow-up of an order, the Purchaser must send an e-mail to the address conference@dm-experts.fr for conferences or interactive conferences and to the address academie@dm-experts.fr for e-learning. For any other purchase, the Purchaser must send an email to
achats@dm-experts.fr.

5.7 The Purchaser shall not place any order with the Service Provider as a consumer within the meaning of French law.

ARTICLE 6 – PRICE OF THE SERVICE

6.1. For conferences or interactive conferences, the prices are those indicated on the website https://www.dm-experts.fr and the Service Provider undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

6.2 For e-learning, the prices are those indicated on the website https://academie.dm-experts.fr and the Service Provider undertakes to apply the rates in force indicated at the time of ordering, subject to availability on that date.

6.3. The prices are indicated excluding taxes. If applicable, VAT is the one applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the service.

6.4. Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or instalments.

6.5. If one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, either upward or downward, this change may be reflected in the selling price of the services.

6.6. For conferences and interactive conferences (and only in this case), the Purchaser benefits from advantageous rates if he/she has subscribed to the “Flash de DM Experts” or at the rate of the date of the order. These rates are those indicated on the website https://www.dm-experts.fr.

ARTICLE 7 – METHOD OF PAYMENT

7.1 This is an order with payment obligation, which means that the placing of the order implies payment by the Purchaser.

7.2. For conferences and interactive conferences, the payment of the order is made either by bank check made out to DM Experts, or by bank transfer to DM Experts’ bank account, or by credit card.

7.3 For e-learning, the payment of the order is made either by credit card or by bank transfer.

7.4. For document purchases, the payment of the order is made by credit card.

7.5. For the access to the online knowledge database, the payment of the order is made by credit card.

7.6. Any order will only be definitively validated after receipt of the full price by DM Experts.

ARTICLE 8 – PROOF OF THE TRANSACTION

8.1. The computerized records, kept in the Service Provider’s computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments made between the Parties.

8.2. Invoices are archived on a reliable and durable medium that can be produced as proof.

ARTICLE 9 – CANCELLATION

9.1. Cancellation by the Service Provider

9.1.1. In the event that it is impossible to carry out the service as defined in Article 4 hereof, the Purchaser shall be informed by e-mail.

9.1.2. Cancellation of the service by the Service Provider shall result in the refund of sums paid by the Purchaser, unless the Service Provider can prove that he has been confronted with a case of force majeure as defined in Article 10.

9.1.3. Cancellation of the service by the Service Provider shall not entail any reimbursement of any costs incurred by the Purchaser, in particular accommodation and transport costs.

9.2. Cancellation by the Purchaser of an order paid in full shall not result in any refund, subject to (i) be exclusively caused by reason of force majeure (meeting the conditions of Article 10 hereof), and (ii) the exceptions below concerning exclusively conferences and interactive conferences

9.2.1. Subject to Article 10, the cancellation of the order by the Purchaser more than ten (10) days before the date of the service will result in a full refund by the Service Provider of the sums paid.

9.2.1. Subject to Article 10, the cancellation of the order by the Purchaser within a period of between nine (9) to four (4) days before the date of the service will result in the Service Provider refunding half of the sums paid.

9.2.3. Subject to Article 10, the cancellation of the order by the Purchaser within a period of less than four (4) days before the date of the service will not result in any refund in favor of the Purchaser.

10 – FORCE MAJEURE

10.1. Any circumstances beyond the control of the Parties, preventing the performance under normal conditions of their obligations, shall be considered as grounds for exemption from the Parties’ obligations and shall entail their suspension.

10.2. The Party claiming the benefit of a case of force majeure shall immediately notify the other Party of their occurrence, as well as of their disappearance.

10.3 Force majeure shall be considered to be any irresistible facts or circumstances, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts (case laws): earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks.

11 – INTELLECTUAL PROPERTY

The website https://www.dm-experts.fr including its extension https://academie.dm-experts.fr/, its structure, design and all its textual, figurative, audio or video content, trademarks, domain names, logos, software, as well as all contents (irrespective of their medium, including inter alia, texts, videos, events, etc.) resulting from the services invoiced and/or the Service Provider’s activities, are and remain the sole and exclusive property of the Service Provider, which includes inter alia all the related intellectual property rights (copyrights, designs, trademarks, image rights, databases etc.).
Therefore, any reproduction, representation, imitation, use, distribution, modification, decompilation, adaptation, in whole or in part, of the aforementioned elements is expressly prohibited and may be punished as a criminal offence (subject to the prior, express and written consent of the Service Provider, which may be revoked at any time, without notice nor reason). By way of exception, and subject to the full payment of the price of the services indicated on the website https://www.dm-experts.fr (including its extension https://academie.dm-experts.fr/), the Service Provider grants the Purchaser a non-exclusive, strictly personal, non-transferable and nonsublicensable right to use the contents acquired from or made available to him by the Service Provider, but exclusively for strictly personal and internal use (which, for the sake of clarity, excludes inter alia the right to market these contents).

12 – LIABILITY

It is expressly agreed by the Purchaser that the Service Provider shall under no circumstance be liable for any breach due to (i) force majeure, (ii) third parties (hosts, Internet access providers, trainers etc.), (iii) the Purchaser’s tort or fault or (iv) maintenance or improvement operations on the Service
Provider’s website.
Therefore, and taking into account that the Purchaser is also an expert in the field of medical devices, Service Provider’s may only and exclusively be liable for gross fault on his part, provided that it has not been repaired within thirty (30) days following receipt of a cease and desist letter sent by registered letter with acknowledgement of receipt by the Purchaser. In such a case, only the direct, certain, manifest, current and foreseeable damages of the Purchaser may be compensated; the Service Provider may not be held liable, inter alia, for the following damages: any commercial damage, loss of chance, loss of profits, loss of customers or data, or any action brought against the Purchaser or any sentence against the Purchaser related to the services from the Service Provider.
It is expressly agreed that if the Service Provider may be held liable by the Purchaser or a third party, the total, cumulative, lump sum and final amount of sums for which it may be ordered to pay (damages, penalties, interest for late payment, fines, defense costs, etc.) may under no circumstances exceed the total amount of the sums paid by the Purchaser to the Service Provider during the last twelve (12) months.

13 – DATA PROCESSING

In order to exercise the below-mentioned rights, you shall contact us:

  • by email: contact@dm-experts.fr
  • by registered letter: DM EXPERTS, 2-4 rue Yvon Villarceau – 75116 PARIS, FRANCE

13.1. CONTACT OR QUOTE REQUEST FORM
In accordance with the “Data Protection Act” of 6 January 1978 and Articles 7 to 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, you are informed that your personal data as listed in the contact or quote request form are collected by DM Experts in order to
respond to your request. They will be kept for a period not exceeding three years from the last exchange with DM Experts. The data are processed by DM Experts, a simplified joint stock company with a share capital of 5,000 euros, registered in the Paris Trade and Companies Register under number 803 862 325, whose registered office is located at 2-4 rue Yvon Villarceau – 75116 PARIS. You have the right to ask DM Experts for access to these data, their correction or deletion. You also have the right to request a limitation of the processing operation, or the right to object to it. Finally, you have the right to the portability of your data.

13.2. “FLASH de DM EXPERTS” SUBSCRIPTION FORM
In accordance with the “Data Protection Act” of 6 January 1978 and Articles 7 to 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, you are informed that your personal data as listed in the subscription form are collected by DM Experts in order to send you the “Flash de DM Experts” newsletter. They will be kept for a period not exceeding three years from the last exchange with DM Experts. The data are processed by DM Experts, a simplified joint stock company with a share capital of 5,000 euros, registered in the Paris Trade and Companies Register under number 803 862 325, whose registered office is located at 2-4 rue Yvon Villarceau – 75116 PARIS. You have the right to ask DM Experts for access to these data, their correction or deletion. You also have the right to request a limitation of the processing operation, or the right to object to it. Finally, you have the right to the portability of your data. Finally, you can unsubscribe at any time if you no longer wish to receive the “Flash de DM Experts” (an unsubscribe link appears at the bottom of each mailing).

13.3. “DM EXPERTS” ACCOUNT CREATION FORM
In accordance with the “Data Protection Act” of 6 January 1978 and Articles 7 to 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, you are informed that your personal data as listed in the account creation form are collected by DM Experts in order to provide you with the services your order on the website https://www.dm-experts.fr or its subdomain https://academie.dm-experts.fr/. They will be kept for a period not exceeding three years from the last exchange with DM Experts. The data are processed by DM Experts, a simplified joint stock company with a share capital of 5,000 euros, registered in the Paris Trade and Companies Register under number 803 862 325, whose
registered office is located at 2-4 rue Yvon Villarceau – 75116 PARIS. You have the right to ask DM Experts for access to these data, their correction or deletion. You also have the right to request a limitation of the processing operation, or the right to object to it. Finally, you have the right to the portability of your data.

14 – GENERAL PROVISIONS

14.1 Severability:
If one or more provisions of these general terms and conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall continue in full force and effect.

14.2. No waiver:
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.

14.3. Title:
In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

15 – LITIGATIONS
15.1. THIS CONTRACT IS SUBJECT TO FRENCH LAW.

15.2. THE PARTIES UNDERTAKE TO SEEK AN AMICABLE SOLUTION TO ANY DISPUTE THAT MAY ARISE FROM THE INTERPRETATION OR PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS. IF THEY ARE UNABLE TO DO SO, THE PARTIES WILL REFER THE DISPUTE EXCLUSIVELY TO THE COMMERCIAL COURT OF PARIS (75).