of the Invizion website as of 29 April 2021
Legal Notices
The legal notices below apply to this website www.invizionds.com.
Company name: Invizion Dental Solutions SAS
Trade Register: 897 394 524
Registered office: 1 esplanade Compans Caffarelli 31000 Toulouse
Telephone: +33(0)673642566
E-mail address contact@invizionds.com
SAS (simplified joint stock company) with a capital of 50,000 euros
Director of publication: David Bonhomme
The Site is hosted on the servers of the company OVH, Head Office: 2 rue Kellermann – 59100 Roubaix – France
Title I General Conditions of Use (GCU) of the Invizion website
The Invizion Service is provided by the company Invizion (hereafter Invizion).
Preamble
The Site is freely accessible and free.
Browsing the Site implies acceptance by any User of these GCU. Simply connecting to the Site will imply full and complete acceptance of these GCU. When registering on the Site, this acceptance will be confirmed by ticking the box corresponding to the following sentence: “I acknowledge that I have read and accepted the GCU”. The User acknowledges that he/she has fully understood and accepts them without restriction.
Article 1: Definitions
“Client” refers to Invizion’s co-contractor, i.e. a legal person, public or private, who guarantees to have the quality of a professional as defined by French law and jurisprudence, and who buys Product offered for sale on the Site, and who, in this capacity, is acting for purposes within the framework of his professional activity (dental activity such as a dentist, dental surgeon, manager or director of a dental center or clinic, etc.) ;
“GCU” means the general terms and conditions of use of the Site as set out in Title I hereof;
“GCS” refers to the general terms and conditions of sale of Invizion as set out in Title II hereof;
“Site” refers to the Internet site www.invizionds.com on which the Service is offered;
“Product” refers to all the products offered for sale by Invizion and available on the Site, in particular goods intended for Clients engaged in dental activity (dentists, dental surgeons, managers or directors of dental center or clinics etc.);
“Service” refers to all the services offered by Invizion, in particular the distance selling of its Products;
“User” means the natural and/or legal person, non-professional and/or professional, who uses the Site (with or without registration).
Article 2: Purpose
Invizion, through its Site, enables the remote sale of its Products. These GCU constitute the contract describing the terms and conditions by which Invizion offers and provides the Service to the Client.
Article 3: Use of the Site and creation of a customer account
The use of the Site by a User does not require the prior creation of a personal account.
If the User wishes to place an order and become a Client, he/she must create a personal customer account. The User must then fill in a registration form including: his surname, first name, address, postcode, town, country, telephone number, e-mail address and must tick a box certifying that he is acting in the context of his professional dental activity (dental activity such as dentist, dental surgeon, manager or director of a dental center or clinic etc.).
If the User chooses to create a personal client account, he/she must choose a password that must contain at least 8 characters of 4 different types: lower case, upper case, numbers and special characters, in accordance with the recommendations of the CNIL in this respect (https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-un-bon-mot-de-passe). His/her email address will be his/her connection identifier.
This login and password are personal, confidential and non-transferable to third parties. The User is the owner of the account created and has access to it through his login and password. The login/password combination is strictly personal. This combination is unique to each User. It is therefore up to the User to guarantee the confidentialitý of this combination allowing him/her to access his/her account.
In the event of loss and/or forgetfulness of the password, the User may request the reset of his password from the Site. The User also undertakes not to communicate this identification information and password to any other person, nor to lend, give or, in general, make the account and/or password available to a third party, for any reason whatsoever.
Otherwise, Invizion cannot be held responsible in the event of fraudulent use of this information. After having previously notified the User, Invizion may, for the needs of the operation of the Service to preserve the security of the data, modify, change or delete an identifier and/or a password at any time.
The User guarantees the truthfulness and accuracy of the information he/she communicates to Invizion through the Site. The creation of the personal space can only be validated following the express acceptance of these GCU by the User, who thereby acknowledges having read them.
To use the Site, the User must be legally capable of entering into a contract. A User who has created a customer account has the possibility of personalising his/her profile:
– Modification of password
– Modification of preferences
– Modification of contact details
Article 4: Technical requirements
Invizion has been tested on PC and MAC computers running the following operating systems:
– Windows, 7, 8, 10
– Mac OS X >=10.13
– Ainsi que pour les navigateurs :
– Chrome version >=50
– Firefox version >=50
– Edge version >=80
– Safari version >=10.1
– Opera version >=40
The User is informed of the fact that there is a possibility that malfunctions may occur on computers or from browsers that are not included in the above-mentioned lists, or from computers with a particularly slow Internet connection.
The User assures that he/she has taken note, prior to signing the present document, of the technical prerequisites referred to in the present article.
Article 5: Obligations and responsibility of Invizion
Invizion is only responsible for an obligation of means concerning the use of the Site, subject of the present document.
Invizion shall not, moreover, incur liability in the event of force majeure or fault on the part of the User, as defined in this article:
For the purposes of these GCU, any impediment, limitation or disruption of the Site due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the User, computer hacking, will be considered as a case of force majeure opposable to the User, security breach attributable to the platform host or developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances (e.g., intervention by law enforcement authorities in the areas where its premises or servers are located) beyond the reasonable control of Invizion. In such circumstances, Invizion shall be excused from performance of its obligations to the extent of such prevention, limitation or disruption.
In the sense of these GCU, will be considered as a fault of the User opposable to the latter any misuse of the Site, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by Invizion on its Site, any disclosure or unlawful use of the password, codes and references of the User, as well as the provision of erroneous information or failure to update such information in his personal space. The use of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of these GCU, will also be considered a fault of the User.
In the event of impossibility of access to the platform, due to technical problems of any kind, the User may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for Users and cannot in any way give rise to the granting of damages by Invizion.
Article 6: Obligations and responsibility of the User
The User also undertakes not to hinder or disrupt Invizion servers and to comply with the requirements, procedures and general rules communicated to him by Invizion.
In the event of failure to comply with the above obligations, Invizion reserves the right to suspend the User’s Invizion customer account at any time or even to delete it permanently.
In the absence of conclusive proof that the User complies with the provisions of these GCU, Invizion reserves the right, without further notice or formality, to suspend or delete access to the Site, after having notified the User by e-mail.
In the event of non-compliance by the User with these undertakings, Invizion also reserves the right to use legal action to obtain, on the part of the User, compensation for the damage he has suffered.
Article 7: Availability and access
Invizion undertakes to ensure that the User can connect to the platform at any time, excluding periods of maintenance and updating.
Any observation of total or partial unavailability of the Invizion platform by the User may be notified to Invizion at the address contact@invizionds.com with the subject “Report a malfunction”.
Invizion may freely, at any time, interrupt direct or indirect access to the Site, at its own discretion, for any reason, in particular technical, such as maintenance, updating, for example, and this, without prior notice or information to Users. Invizion shall in no case be held responsible for the consequences of these interruptions or unavailabilities with regard to Users or any third party. Invizion shall not be held liable in the event of unavailability and/or malfunction and/or breakdown occurring on the electronic communication and mobile radio networks and which would limit or prevent access to all or part of the Service (e.g.: network congestion, failure of Internet access providers, electrical breakdown, software or hardware malfunction, etc.)
Article 8: Data protection and personal data
8.1. Collection of personal data
Pursuant to Law 78-17 of 6 January 1978 and the General Data Protection Regulation (RGPD) of 27 April 2016, it is recalled that the personal data requested from the User is necessary to process his/her order (validation, confirmation, delivery of the order in particular) and to draw up invoices, as well as to ensure that the Customer has a professional activity related to the dental field.
The User has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
This right may be exercised:
– by post: 1 esplanade Compans Caffarelli 31000 Toulouse
– by e-mail to the address: contact@invizionds.com
Invizion undertakes to ensure the confidentiality of personal data communicated by the User.
The User is informed that Invizion may use the personal data concerning the User in order to send him/her commercial offers likely to interest him/her.
The data collected is kept by Invizion for the duration of the contractual relationship and up to 3 years after the end of this relationship.
8.2 Purposes of processing
The main purpose of the data collected by Invizion is to enable the delivery of Products to the Client and to communicate with the latter. This data may include the surname, first name, e-mail address, postal address, etc.
8.3 Right of complaint, deletion and oblivion
The User is informed of the fact that he/she may lodge a complaint with the Commission Nationale de l’Informatique et des Libertés either via the following URL https://www.cnil.fr/fr/plaintes or by post (3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07).
The data subject has the right to obtain from the data controller the erasure, as soon as possible, of personal data concerning him or her and the data controller is obliged to erase such personal data as soon as possible, when the personal data are no longer necessary with regard to the purposes for which they were collected or otherwise processed (closure of the personal space); by writing to the address contact@invizionds.com.
8.4 Rights of deceased persons
Invizion allows individuals to give instructions regarding the retention, deletion and communication of their data after their death by writing to contact@invizionds.com.
In this way, a person can be appointed to carry out these instructions. This person is then entitled, when the person is deceased, to take cognisance of the directives and request their implementation from the data controllers concerned.
In the absence of directives given by the person during his or her lifetime, the heirs, who will demonstrate this (deed of notoriety), will have the possibility of exercising the right of access, provided that it is necessary for the settlement of the deceased’s estate, the right of opposition in order to proceed with the closure of the deceased’s user accounts and oppose the processing of their data.
8.5 Management of cookies
A “cookie” is an information file of limited size, installed on your personal equipment by the websites that the User visits. Cookies allow us to store browsing information, such as your browsing preferences or profile information.
Cookies may be created by our Site, in which case they are called internal cookies, or they may come from third party sites.
Some internal cookies are necessary for the Site to function properly.
Other internal cookies are not necessary for the operation of the Site.
Third-party cookies come from third-party sites and are not necessary for the operation of the Site.
On the first visit to the Site, a banner informs the User of the presence of these cookies and invites him to indicate his choice. They are then deposited only if the User accepts the cookies. The User may at any time oppose all or part of the cookies and delete them by using the parameters of his browser. However, if the User objects to the cookies necessary for the operation of the Site, the User’s experience may be degraded.
If the User does not delete the cookies, they are kept on his equipment for a maximum of 13 months.
Among the cookies, some are used for audience measurement purposes. These are:
– Analytical and performance cookies. They help to estimate the number of visitors and to evaluate their habits of use of the Site. They are also used to track conversions.
– Targeting or advertising cookies. They help to recognise the User when he/she returns to the Site and allow the Site to be personalised or to propose targeted offers according to his/her interests.
The User’s choices regarding cookies can be expressed directly with his terminal. In this case, he can authorize or not the recording of cookies in his terminal by using the appropriate parameters of his Internet navigation software. The cookie configuration may vary from one browser to another:
– For Internet Explorer:
http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– For Safari :
http://support.apple.com/kb/PH5042
– For Chrome :
http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
– For Firefox :
http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
– For Opera :
http://help.opera.com/Windows/10.20/fr/cookies.html
8.6 Absence of data transfers outside the EU
Invizion solicits the company OVH which assures it that the User’s data will be hosted in the European Union.
8.7 Right to portability
This right allows the User to recover the data concerning him processed by Invizion for his personal use and to transfer his personal data to him and to the organisation of his choice. Given the temporary nature of the data hosting provided by Invizion, this portability will only concern personal data that have not yet been deleted by the passage of time.
Article 9: Modifications
Invizion is likely to modify the present document as necessary. In this case, the modifications made will only be applicable after the expiry of a period of 30 working days as from the modification. The User is invited to consult this page regularly and to monitor any changes in relation to previous versions.
Article 10: Intellectual property
The content, structure and software used to operate the Site are protected by copyright. Any representation or reproduction of the Site in whole or in part without the agreement of Invizion constitutes a violation of the provisions of the Intellectual Property Code and may give rise to legal proceedings (article 335-2 and following of the Intellectual Property Code). Any reproduction of data disclosed on the platform engages the responsibility of the User and may, moreover, lead to legal proceedings, particularly for counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Article 11: Agreement of proof
The parties expressly agree that the use of the User’s account by himself or by a third party will constitute proof between them. Invizion’s recording systems are considered as proof of the date and duration of use. All elements relating to the use of the account will be kept and archived by Invizion. Invizion may take advantage, in particular for evidentiary purposes, of any act, file, recording, monitoring report, statistics on any medium including the computer medium established, received or kept by its care. These methods of proof constitute a presumption that could only be overturned in the presence of elements establishing that the means of recording and storage of Invizion have been effectively defective.
Article 12: Final provisions
These GCU are subject to French law. Invizion is authorised to modify the content of these GCU. Invizion keeps each version of its GCU and may send them to the User on request. The licence conditions of the publishers of programmes, independent of Invizion, included in the Site, are applicable cumulatively with these GCU, which the User accepts without reservation. The invalidity of one of the clauses of these General Conditions shall not entail the invalidity of the other clauses of the GCU or of the GCU as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation by a valid stipulation corresponding to the spirit and purpose of these General Conditions. The absence of exercise by Invizion of the rights granted to it hereunder shall in no case be interpreted as a waiver of the said rights.
Title II General Terms and Conditions of Sale (GCS) of Invizion dated as of 29 April 2021
Article 1: Purpose
The purpose of the GCS is to describe the terms and conditions of the distance selling of Invizion Products to the Client.
Invizion may adapt or modify these GCS at any time. These modifications will be taken into account 30 days after the date of the modification, of which the Client will be informed by e-mail.
The applicable GCS are those in force on the day of the order placed by the Customer.
Article 2: Types of order
2.1 Order via the website of a specific product
These GCS are only valid for a specific sale. Any repetition of them from one sale to another shall in no way create an acquired right for the benefit of the Client or any framework contract between Invizion and the Client.
The Customer must read these terms and conditions carefully and accept them before proceeding with payment for an order of Products.
The Client undertakes to read the GCS with each new order, the latest version of the said GCS applying to all new orders for Products.
When the Customer places an order directly on the Site, he/she acknowledges that he/she has read, understood and accepted the GCS without limitation or condition, by clicking on the first button to place the order and then on the second to confirm the said order (double click rule).
2.2 ordering via a customised product order form
When the order turns out to be a customised order and after discussion of a precise quote, the Customer acknowledges, by signing the order form, that he has read, understood and accepted the GCS without limitation or condition.
Article 3: Order
Orders for Products are placed either directly on the Site, or by contact form, or by email via transmission of an order form.
Some Products can be ordered directly on the Site and do not require an order to be finalised with the Customer.
Other Products require an order to be finalised with the Client (customised, personalised quotation according to the Client’s needs etc.).
Invizion will send an order confirmation by email to the email address provided by the Customer when the Product has been ordered directly on the Site.
If the order requires finalisation of the order with the Customer, Invizion will send a personalised quote to the Customer.
During the ordering process, the Client must enter the information required for invoicing.
In particular, the Customer must clearly indicate all information relating to delivery, in particular the exact delivery address.
The Customer will receive the original invoice upon delivery of the Products.
The date of the order is the date on which Invizion acknowledges receipt of the order.
The deadlines indicated on the Site or directly by Invizion only start to run from this date.
Any order validated by the Client will only be considered effective by Invizion after acceptance by the Internet payment server or by the receipt of the transfer.
Article 4: Prices
The prices of the products on the Site are prices indicated in euros, including all taxes, but excluding delivery costs; the latter being at the expense of the Client.
The prices of the products are those in force at the time of the order by the Client or those which appear expressly on the order form corresponding to the personalised estimate which he has requested.
Except in the case of an order form, Invizion reserves the right to modify its selling prices at any time, before the order is taken.
Article 5: Payment
Orders for Products which do not require finalisation of the order with the Client are payable, in cash, at the time of ordering directly on the Site. Orders for Products that require an order to be finalised with the Customer are payable after acceptance of the quote and payment of a deposit.
5.1 Terms of payment Payment
shall be made by bank transfer or by means of the “3D Secure” secure payment system by bank card (Visa, Carte Bleue, Mastercard) via the payment operator https://stripe.com/fr Invizion reserves the right not to accept certain foreign bank cards.
For orders of Products that require the finalisation of an order with the Client, the Client must pay a deposit of 40% (forty percent) to Invizion to validate the order. The balance must be paid on receipt of the Products.
5.2 Default of payment
Invizion reserves the right to refuse to honour an order or to make a delivery from a Client who has not paid in full or in part for an order or with whom a payment dispute is being administered. Invizion reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution: – In the event of non-payment of any sum due by the Client, – Or in the event of a payment incident.
5.3 Reservation of ownership
It is agreed that the goods delivered and invoiced to the Client remain the property of Invizion until full payment of their price. Failure to pay may result in the Products being reclaimed. The above provisions do not prevent the transfer to the Client of the risks of loss or deterioration of the products as well as the damage that they may cause, as from delivery.
Article 6: Provision and delivery of products
6.1 Conditions
Deliveries are only made in metropolitan France and Corsica.
Delivery costs are to be paid by the Client and vary according to the order.
The costs will either be indicated directly on the Site at the time of the order, for orders for Products that do not require the Client to finalise the order.
For orders for Products that require the order to be finalised with the Client, these costs will be indicated by Invizion in the quote.
6.2 Availability
The period of availability and delivery is indicated at the time of consultation of the Product by the Client on the Site. In the case of an order form, the sale can only be finalised if the Product ordered is available.
6.3 Transfer of risks
Delivery is deemed to have taken place when the carrier makes the ordered Product available to the Client. It is materialised by the signing of the delivery note by the Client. The product(s) ordered travel(s) at the sender’s risk; it is therefore the Client’s responsibility to make all necessary observations and to return the goods to the sender in accordance with the procedure described in Article 6 below.
Article 7: Return of a product – Right of withdrawal
7.1 Complaints
The Client must ensure at the time of delivery of the Product that the products are in good condition. If the Product(s) delivered does (do) not conform in kind or quantity to the specifications indicated on the delivery note attached to the shipment or has (have) suffered damage during transport, the Client must fill in the delivery note with legible reservations and also report any damage due to transport within 24 hours (working day). In the case of a product that does not conform to the order, if the delivery was made : – If the product does not conform to the order, if the delivery was made by a carrier, the carrier will come and collect the goods from the Client’s home by appointment. The Client will be promptly contacted by Invizion, then delivered again free of charge and by appointment for any available product.
7.2 Right of withdrawal
In view of the fact that the Client is a professional, acting within the framework of his profession, he cannot benefit from a right of withdrawal reserved for consumers, as provided for in the Consumer Code, for any distance purchase made on the Site.
Article 8: Assembly and installation
For Products requiring assembly and installation of the furniture (in particular for custom-made Products), this assembly will be done by professionals. The assembly and installation costs will depend on the number of Products ordered and the time spent. The invoicing of these costs will be inherent to the order as finalised
Article 9: Guarantee against hidden defects
Invizion remains liable for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code. As a professional, the Client does not benefit from the legal guarantee of conformity provided for in article L217-4 and following of the consumer code. The Client may therefore decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, which allows him to choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Article 10: Force majeure
Invizion cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure within the meaning of Article 1218 of the French Civil Code. All facts or circumstances that are irresistible, unforeseeable and independent of the will of the parties are considered to be fortuitous events or cases of force majeure that exonerate from liability.
Article 11: Applicable law – Disputes
These GCS are subject to French law. The parties agree that any dispute arising between Invizion and the Client following the purchase of a Product offered on the Site, to seek amicable conciliation. In the event of failure to reach an amicable settlement, the French courts within the jurisdiction of the Court of Appeal of Paris shall have exclusive jurisdiction.