TERMS AND CONDITIONS OF SALE BETWEEN PROFESSIONALS AND ON THE WEBSITE
TERMS AND CONDITIONS OF SALE BETWEEN PROFESSIONALS
Article 1 – Introduction
COME IN-VR specialises in virtual reality machine driving simulators integrating educational tools for training individuals, hereafter “the Products”.
The Products offered by COME IN-VR are designed to meet the needs of as many clients as possible.
COME IN-VR, within the framework of their duty of information and advice, has made a Sales Offer and/or documentation introducing the Products available to the Client and the Client acknowledges receipt of these. It is the Client’s responsibility to ensure that the Products are suitable for their needs on the strength of this information. To this end, before accepting the Contract, the Client can ask COME IN-VR for any complementary information and/or attend an additional demonstration of the Products, otherwise the Client accepts having been adequately informed.
Article 2 – Definitions
With respect to the implementation of these terms and conditions, the following terms must be understood as defined below:
Order form : document used by the Client to proceed with the purchase of Products that appear in COME IN-VR’s catalogue. In particular this contains the quantities purchased, the prices and any proposed discounts, the applicable penalties for late payment, the methods and date or delivery schedules.
Client: designates the party co-contracting with COME IN-VR, a physical person or legal entity acting within the framework of their professional, commercial, industrial, artisanal or liberal activity.
Contrat : designates everything within the scope of these terms and conditions, the purchase order and, if need be, the Sales Offer along with any specific conditions applying to particular Products within the documents describing the Products, the maintenance contract and Software user licence along with any other potential specific conditions of sale signed by the Client.
Personal Data : designates the data which, under the scope of the law of Computing and Freedoms of 6 January 1978 (modified by the decree of 4 November 1991 and the law of 6 August 2004 transposing the 95/46/EU directive), allows the identification or naming, directly or indirectly, of a physical person.
Software : designates the IT programmes, including any devices and relevant documents for which COME IN-VR has distribution rights.
Equipment : designates the IT equipment and structural elements for the simulation.
Updates : designates the updates and error corrections carried out by the Software rights owner that the Client endorses when they purchase the license.
Products : collectively designates the Materials, Software and associated Services constituting the simulators that appear in COME IN-VR’s catalogues. These catalogues describe the Products, detailing their characteristics and determining the corresponding prices. The Materials, Software and associated Services together form an indivisible whole. The Products conform with current regulations in France and Europe and their performance is compatible with the Client’s usage.
Sales Offer: designates the offer of Products to the Client made by COME IN-VR.
Services: designates any services and in particular maintenance, implemented by COME IN-VR concerning the Equipment and Software, in the terms and conditions expressly and restrictively listed in the documentation introducing the Product and license for the use of the Software.
These definitions are written with a capital letter and apply both to the singular and plural.
Article 3 – Subject
The purpose of these terms and conditions of sale is to define the terms and conditions under which COME IN-VR agrees to supply the Client with the Products referred to in the contract.
The terms and conditions of sale can be consulted and downloaded on COME IN-VR’s website (https://www.come-in-vr.com) and can also be sent to the Client upon request.
Article 4 – Scope of application
Unless expressly agreed by the Parties, all sales are unconditionally subject to these terms and conditions. Unless there is a separate written contract between COME IN-VR and the Client, these terms and conditions and those that are agreed or negotiated are only valid for a specific sale. Their possible repetition from one sale to another under no circumstances provides the Client with an acquired right nor any framework contract between COME IN-VR and the Client. COME IN-VR can modify these terms and conditions at any time without notice. Any modification will not affect orders that have already been accepted or carried out.
Article 5 – Accepting the contract
The Client shall be deemed of having read the Contract as it is defined in article 2 and having accepted it unconditionally.
The Contract comes into force when an order is placed on the website https://www.come-in-vr.com or a purchase order is validated.
Any modification of these terms and conditions of sale must be documented as special conditions and duly accepted and signed by both Parties.
For the Contract to be accepted remotely, the Client acknowledges that the faxed signatures of one of their representatives or agents received by COME IN-VR, constitutes written proof and can be validly applied by COME IN-VR.
If the Contract is accepted electronically, this has the same value of proof as an agreement on paper. Computerised records saved in the IT systems will be stored with adequate security and considered as proof of communication between the Parties.
The archiving of contractual documents is
carried out on a trustworthy, durable device that can be produced as proof.
Any order made with COME IN-VR becomes firm and definitive once the Client signs the Purchase Order or confirms their order on the website.
Article 6 – Provisions for Products
6.1. Unless otherwise stated, Products are delivered to the address that appears on the Purchase Order.
The Client is responsible for installing the Products unless they have contracted Services which are detailed in a separate Service contract.
6.2. The Client must accept the Products ordered at the first delivery attempt as long as they comply with the Purchase Order. For any delivery refusal to be taken into account, COME IN-VR must be made aware. To do this send a recorded letter to our head office explaining the reason within forty-eight (48) hours of delivery. If delivery refusal is not notified in this way or is notified but without a reason, the Client will be deemed as having wrongfully broken their side of the contract and as a consequence COME IN-VR can claim the full amount of the order from them.
6.3. Without prejudice and subject to legal warranties, the Equipment is guaranteed for one (1) year from the delivery date in line with the terms and conditions specified on the Product information documents.
No replacement Product will be supplied to the Client during the time it takes to repair the Product or replace defective Equipment, unless they have a maintenance contract in place.
Damages due to impact or vandalism, fire, flooding, telephone network or power surge or improper use are not covered by the guarantee and Maintenance contract. Any repairs resulting from these kinds of incidents will be invoiced once the Client has accepted the quote.
Accessories and consumables (battery, power pack, USB adapter, plugs and cables, etc.) are not covered by the guarantee nor by the Product Services.
6.4. COME IN-VR remains the owner of the Products sold until full payment of the price has been received.
However, the Client assumes all risk of loss, deterioration, destruction, liabilities or damages of any nature to the delivered Product that will belong to them and should insure it at reinstatement value from the delivery date until full payment is made. Insurance policies should stipulate that the undersigned is acting on their own behalf and on behalf of the owner and ensure that payment of any claims is handled by themselves.
6.5. Any software supplied with the Equipment remains the property of its author under these conditions. As a consequence, and due to the Contract with COME IN-VR, the Client has non-exclusive, non-negotiable and non-transferable personal user rights for the Software detailed in the Product description mentioned on the Purchase Order.
6.6. Software user rights are given to the Client by the software publisher mentioned on the licence in line with the terms and conditions of the license, sometimes called conditions of use.
6.7. Within the framework of the exclusive right granted to the Client by COME IN-VR, the Client agrees not to violate the copyright of the Software author whether directly or indirectly.
The Client expressly acknowledges that the Contract does not give them any ownership right to the Software and is forbidden from correcting any errors, making changes or modification to the Software or translating it.
6.8. The Software has a copyright guarantee in the terms and conditions mentioned on the licence, sometimes also called conditions of use.
Article 7 – Optional requests for specific Products
Clients wanting to acquire a Product which is not available in COME IN-VR’s catalogues can entrust us with the development of Equipment and Software with a view to us selling a Product which meets the Client’s specific needs.
A design brief will describe the Client’s needs and expectations in detail, including the
desired specifications and features along with any technical limitations.
Separate conditions of service will determine the financial conditions and task execution schedules for development operations and implementation of the specific Products.
Article 8 – Training
An initial training at no additional cost to allow for Optimal implementation of the Products is offered in line with the conditions laid out in the Purchase Order.
Article 9 – Maintenance
COME IN-VR agrees to provide maintenance services and/or third-party maintenance and/or other Services associated with the Products in the terms and conditions specifically and exhaustively as detailed in the Product documentation and on the user licence for Software and/or in line with any special conditions for Services separately signed by the Client.
The Client is responsible for choosing their Internet supplier along with procuring and setting up the required equipment to access the Services via the internal network for maintenance services in particular Software Updates.
Article 10 – Data Protection
The Client alone is responsible for saving the Personal Data they process or save during use of the Products.
The Client should take all necessary measures to protect the IT system the Products may be connected to, particularly in terms of protection from viruses and other hostile intrusion attempts.
Article 11 – Financial provisions
The current price of the Products is available to the Client upon request.
The length of offer validity and prices is shown in the Product catalogue.
The Product prices are valid on the day of the order and are given in Euros with and without VAT.
11.2. Payment methods
From the moment the Contract is accepted, the Client will pay COME IN-VR a deposit of fifty (50)% of the order including VAT, the balance must be paid on the Product delivery date.
If the order deposit is not paid by the Client as detailed above, COME IN-VR’s invoices must be paid by the Client without discount thirty (30) days from the date the invoice was issued by cheque or bank transfer.
11.3. If the Client wants COME IN-VR follow a particular process when invoicing for the current Contract (something specific written on the invoice, specific process of communication, etc.) then please let COME IN-VR know before the Contract is signed so that it can be taken into account and noted in the special conditions of this Contract. If this hasn’t been done, non-compliance with the Client’s preferred process can in no way constitute grounds for the non-payment or late payment of COME IN VR’s invoices by the Client.
11.4. If the payment date has passed, a late payment fee of three (3) times the legal interest rate will be payable to COME IN-VR without the need for any reminders to be issued.
11.5. In line with article L 441-6 I of the Commerce Code, the Client will also be fully liable for a penalty fine of forty (40) euros (€) for the recovery of costs incurred by COME IN-VR. If these fees exceed the cost of this claim, COME IN-VR can make an additional claim upon presentation of proof detailing due diligence. These claims will not be applied where the Client demonstrates that they are the subject of legal or bankruptcy proceedings.
Article 12 – Suspension – Termination
COME IN-VR or the Client can suspend performance of their obligations if they demonstrate that the other Party will not uphold their obligations within the timeframe and under the conditions of the Order and that the consequences of this disadvantage the injured party. Any suspension must happen with reasonable notice and in a timely manner.
Without prejudice, the right to file a claim for damages and/or loss suffered, in case of non-performance by one of the Parties of one of any of their obligations under the Contract, the other Party can pronounce the full annulment of the Contract fifteen (15) days after a formal notice sent by signed for delivery with no response.
Article 13 – Responsibilities
13.1. The Products delivered under the Contract will be used by the Client under their own control, management and responsibility.
13.2. The Client is informed that COME IN-VR is not responsible for the quality, availability and reliability of the telecommunications network of any nature, in the event of data transfer or the Internet access required for Software maintenance and Updates.
13.3. COME IN-VR will only be liable for direct, predictable damage resulting in a failure of their contractual obligations. If COME IN-VR were to be liable, the overall compensation the Client may be entitled to is accumulated from all causes, principal, interests and fees, will be limited to direct, predictable damage experienced by the Client and will not exceed the sum paid by the latter in return for the Products causing the liability for Compensation to COME IN-VR.
13.4. COME IN-VR can in no circumstances be held responsible either by the Client or a third party for any unpredictable or indirect damage, whether material or immaterial, such as the loss of business, loss of benefit or image or any other financial loss resulting from the use or inability to use the Products. Any damage suffered by a third party is indirect and does not give cause to compensation.
Article 14 – Force majeure
14.1. No Party can be held liable for failure to perform any of its contractual obligations if they were prevented from doing so due to Force Majeure as defined in article 1218 of the Civil Code. The Parties expressly agree that the following constitute a force majeure under this clause: total or partial strikes inside or outside COME IN-VR, transport blockades for whatever reason, blocked or disrupted communication means, from telecommunication to postal and also the interruption or blocking of electric networks.
14.2. In this case, the Party invoking force majeure will notify the other Party via signed for letter as soon as possible of the event and the required extension of date limits for their obligations.
If the obstacle is temporary, the carrying out of obligations will be suspended until the Party invoking force majeure is no longer hindered by the force majeure. The Party invoking the force majeure should keep the other Party informed and agrees to do their best to limit the length of the suspension. If the suspension will cause a delay of more than three (3) months, each of the Parties will be able to rescind the Contract without damages by notifying the other Party of their decision via letter acknowledgement of receipt.
If the obstacle is permanent, the Contract is fully rescinded and both parties are freed from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
Article 15 – Miscellaneous provisions
15.1. The fact that one of the Parties does not accept one of the obligations identified in the contract will not be later interpreted as a waiver of the obligation in question.
15.2. The Client accepts that COME IN-VR can, freely and without prior formalities, subcontract part or all of their obligations in this contract under their responsibility. If subcontracting takes place, COME IN-VR will remain responsible for the proper observance of the terms of the Contract.
15.3. The Contract takes precedence over any other document, including the Client’s general terms and conditions of purchase. Unless expressly stated, the terms and conditions and obligations of this document take precedence over any other.
15.4. If one or several stipulations of the Contract were held as non-valid or declared as such when applying a law or following a definitive decision by a competent jurisdiction, the other stipulations will still retain their legal force and scope.
15.5. The Client authorises COME IN-VR to cite their name and/or copy their logo in their sales documents and press releases in any form and on any device including digital devices.
15.6. COME IN-VR agrees to maintain up to date professional civil liability insurance covering damages which may occur during the execution of the present.
Article 16 – Law and allocation of jurisdiction
THE PRESENT CONTACT IS GOVERNED BY FRENCH LAW BOTH IN TERMS THE RULES OF FORM AND RULES OF SUBSTANCE. IF NO AMICABLE RESOLUTION CAN BE FOUND IN THE CASE OF DISPUTE, EXPLICIT COMPETENCE IS ASSIGNED TO THE JURISDICTIONS WHERE COME IN-VR HAS ITS HEAD OFFICE, NOTWITHSTANDING A PLURALITY OF RESPONDENTS OR A GUARANTEED APPEAL.
Article 17 – Address for service
For the present needs, the Parties elect an address for service that is noted at the top of the Purchase Order. Any modification should be notified to the other Party via signed for letter, so that it can be actioned.
TERMS AND CONDITIONS FOR INTERNET SALES
Article 1 – Subject
These conditions regulate sales of Software and Equipment for virtual reality solutions by the company COME IN-VR via the website : https://www.come-in-vr.com
Any order made on the website requires the CLIENT to accept the Terms and Conditions of Sale unconditionally, in full and in advance.
If they disagree with the Terms and Conditions of Sale, the CLIENT should not use the website.
Article 2 – Price
All orders, no matter their origin, must be paid in euros.
The prices on the website product catalogue are in Euros (€) excluding VAT. The Product prices on our website are shown in Euros with VAT included in the shopping basket. (VAT and any other applicable taxes on the day of order), unless otherwise indicated they exclude handling and shipping fees.
If you order from a country outside of metropolitan France, you are the importer of the product(s) concerned. Customs fees and other local or import taxes are likely to apply. These fees and costs are not the responsibility of COME IN-VR. They will be borne by you and are your sole responsibility, both in terms of filing any returns and making any payments to the relevant authorities and organisations in your country. We recommend you request the necessary information from the authorities in your country.
Promotional products are shown with a “PROMOTION” sticker or the Price is crossed out. Our promotions are valid while stocks last and during the displayed timeframe.
COME IN-VR reserves the right to change our prices at any time, but the product will be invoiced on the basis of the valid price at the time of order confirmation, subject to availability.
Other conditions are listed in the Terms and Conditions above.
Article 3 – Order
The contractual information is written in French or English and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery. COME IN-VR reserves the right to cancel or refuse any order from a client who is already the subject of a payment dispute over a previous order.
To order Products via the website https://www.come-in-vr.com , the CLIENT must create an account and supply the required information in the sign-up form.
To this end, the CLIENT agrees to provide full personal data, without errors so that they can be precisely identified at all times.
The create an account section can be accessed from any of the website pages. Each time the CLIENT visits the website, to place and order or access their account (order status, personal data, etc.) they should verify their identity with this information.
Article 4 – Payment
Product prices and shipping and handling fees are payable in full by the CLIENT when the order is placed.
The website offers the Client different payment methods for their order:
Having opted to pay by card, the Client is redirected to a secure payment interface to enter their personal card details in total security. If the payment is accepted, the order is recorded and a contract is definitively concluded. Payment by card cannot be reversed.
Once the Client has opted to pay by bank transfer and confirmed the order, they receive confirmation that the order has been registered. To finalise the payment and trigger the start of their order, the Client must make the bank transfer for the total amount of the order into COME IN-VR’s bank account. The details are given to the Client at the end of the order process.
As soon as the bank transfer is received, the order will be processed and the Client will be informed by email.
Article 5 – Product availability timeframe
The purchased Products are available within 30 days of receiving payment. This includes time to install the Products. If it is impossible to deliver within 30 days, the Client will be notified via email.
Article 6 – Delivery
Once the Order has been recorded and paid for, the Products and materials will be delivered to the address given by CLIENT when they placed the order. An email will be sent to the CLIENT to let them know when the Products are shipped. The CLIENT can choose between different delivery methods.
Shipping costs are calculated in line with the chosen delivery method (home, pick-up point, post office, etc.), the weight of the parcel and its destination.
Delivery times are only given as a guide, if it takes longer than sixty (60) days from the date of the order, the sales contract can be rescinded and the Client will be reimbursed.
Digital Products are delivered after the order is confirmed, A DOWNLOAD LINK or access to a private member’s area is sent to you within a maximum of 48 working hours from when you receive an email confirming your order has been received, excluding weekends and holidays.
Article 7 – Customer services
For any further information or queries about an order, customer service is available to help via email: firstname.lastname@example.org