Terms of use & conditions of sales and services

Introductory clause

Omnicité brings together various contractors, including AZ Jewels (Omnicité and the contractors are hereinafter collectively referred to as "Omnicité"), who specialize in various fields of activity and offer services or the sale of goods to the customer ("the Client").

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Clause n ° 1: Purpose
Apart from specific provisions defined by a separate contract entered into between the
parties, the general conditions of sale described below detail the rights and obligations of the
company Omnicité, represented by Julien Besnard and Célia Hanssen, the “entrepreneur” AZ Jewels represented by Armelle de Blanchard, and of its client within the framework of the sale of services. Any service performed by Omnicité therefore implies the buyer's unreserved acceptance of these general conditions of sale.
 

Clause n ° 2: Validity of the order
This order is definitively accepted when the client hqs signed the quotation, order form and
any usual contractual document, thus declaring that they accept both the special conditions
and these general conditions.

Clause n ° 3: Execution of the assignment
Given the high degree of autonomy required by the mission entrusted to them, the
"Entrepreneur" will put all their know-how and knowledge to the benefit of the "Client",
through the proper execution of the mission. The "Entrepreneur" undertake to take all
necessary measures to accomplish the agreed mission under the best possible conditions. The
"Client" undertakes to offer all the necessary means and information, and / or to take all
necessary measures, to accomplish the agreed mission in the best possible terms, The date of
service indicated when the order is registered is guaranteed only under these conditions of
obligations of the client.

Consequently, any reasonable delay in the performance of the services may not give rise to
the clients' benefit to the award of damages and the cancellation of the order.

The Client remains solely responsible for the solutions chosen and implemented by him as a
result of the mission, as well as for the analysis of the services provided at his request. In this
spirit, in the event of an impediment (or constraints) to perform their duties, whatever the
cause, the "Entrepreneur" undertake to inform the Client immediately. The "Entrepreneur"
will comply with the requirements of the internal regulations and the health and safety
instructions in force in the "Client" entity, which are applicable to it. Omnicité reserves the
right to use duly qualified or accredited service providers to perform all or part of the services.
 

Clause n ° 4: Intellectual property of the works and assignment of rights
Work sold as part of a service should be used only by the Client. The entrepreneur retains the
intellectual property of the documents and the broadcasting rights. These documents may not
be reproduced, sold, given away or reused for any other purpose without prior authorization.
The assignment of rights is explicitly mentioned in the quotes and invoices.
 

Clause n ° 5: Confidentiality
All parties will ensure the protection of any information which has been expressly entrusted
to them on a confidential basis. However the entrepreneur shall be allowed to mention the
Client’s name on a list of references that they can distribute to their prospects.
 

Clause n ° 6: Price
The prices of the services sold are those in force on the day the order is signed, as defined in
clause 2. They are denominated in euros and calculated exclusive of tax. Consequently, they
will be increased by the VAT rate applicable on the day of the order. For EU inter-country
transaction, French VAT will not be charged and the Client will be responsible for declaring
the relevant tax rate within his own country. Travel and accommodation costs are not included
in this quotation and shall be paid directly by the client or be reimbursed as expense on
presentation of receipts.

Clause n ° 7: Terms of payment
Payment for orders is made either by check or by bank transfer. The period agreed between
the parties to settle the sums due can be shorter but may never exceed 45 days end of month
or 60 days from the date of issue of the invoice.
 

Clause n ° 8: Late payment
In the event of total or partial non-payment of the services delivered on the day of receipt,
the buyer must pay Omnicité a late payment penalty equal to three times the legal interest
rate. The legal interest rate used is that in effect at the time of performance of the services.
This penalty is calculated on the amount excluding tax of the amount still due, and runs from
the due date of the price without any prior notice being required. A lump sum compensation
of 40 euros will be requested in addition for each invoice paid after the fixed deadline. This is
not subject to VAT. All costs that the company is required to bear for the recovery of
outstanding debts are the responsibility of the client.
 

Clause n ° 9: Extension
If the assignment is not completed by the date set by this contract, the parties may agree to
renew it for a period to be determined by an amendment.
 

Clause n ° 10: Termination
In the event of receivership, liquidation, provisional suspension of proceedings, bankruptcy or
similar proceedings, this contract will be terminated automatically without notification, as
from the decision of the court. When the termination is due to a competent breach. The
Service Provider thereof must deliver to the "Client", from the effective date of termination,
all documents in his possession concerning the work carried out under this contract. In the
event that this contract is terminated, it will be liquidated on the basis of the services
provided.

Clause n ° 11: Termination clause
If within the fifteen days following the implementation of the "Late payment" clause, the
buyer has not paid the sums remaining due, the sale will be automatically terminated and may
give rise to the right to the allocation of damages for the benefit of the company Omnicité.
 

Clause n ° 12: Retention of title clause

Omnicité retains ownership of the services and materials until full payment of the price, in
principal and in accessories.
 

Clause n ° 13: Efficiency of services
The services are performed: either by direct delivery of the service provision report to the
buyer, or at the place indicated on the order form.
 

Clause n ° 14: Force majeure
The responsibility of the company Omnicité can not be engaged if the non-performance or the
delay in the performance of one of its obligations described in these general conditions of sale
results from a case of force majeure. As such, force majeure means any external,
unforeseeable, and irresistible event within the meaning of article 1148 of the Civil Code.

Clause n ° 15: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is
subject to French law. In the absence of an amicable resolution, the dispute will be brought
before the Paris Commercial Court.