GENERAL TERMS
OF USE AND SALE OF
WWW.OptimExport.COM

Summary :

0. Definitions
1. Objective of the OptimExport website
2. Field of application of General Terms and Conditions of Sale
3. Service Access conditions
4. Subscription to alert services
5. OptimExport.com's responsibility
6. The user password and the confidential customer code
7. Right of information ownership
8. Help
9. Website maintenance
10. Rights of access to computerized files
11. Complaints
12. Elected Courts

0. Definitions :

• OptimExport.com is the domain name of the website concerned by these general terms and conditions of use and sale. This website (hereafter also referred to as "the website") is the property of OptimExport company, located at 22 rue Duban, F-75016 Paris, France. OptimExport manages the site in its entirety and has given over the management of some website's SERVICES to partners. In this document, OptimExport.com indicates OptimExport company.

• Customer: any company or professional who uses the services of the "OptimExport" website, whether free or charged. Each customer is represented by one (or many) user(s), individuals authorized by the customer to operate on his behalf on the website. In order to gain access to the website, each user must have previously identified both himself and the customer by filling out the Identification Form.
  
• User: any individual working with a customer having received a user password. The user acts on behalf of the customer.
  
• Identification Form: a document filled out by the user on behalf of the customer in order to be identified on the website and to be given access to the website's services.
  
• User password: secret password chosen by the user to gain access to the services of OptimExport's website and to be granted exclusive access according to his or her own user profile.
  
• User profile: any information relating to a specific user, characterized in particular by the customer's field of work, the present position of the customer account, the user name, and the memory and directory space made available to the user by OptimExport.
  
• Directory: memory space made available to a user on OptimExport's website, in order to receive estimates and search results. This directory is also known as "Your Personal File".
  
• Subscription form: subscriptions to "BUSINESS INTELLIGENCE " services, which are personalized monitoring services made available to OptimExport customers to receive alerts, memos, market studies, trade shows... concerning opportunities and tendencies respectively in sectors and countries chosen by the user.
  
• OptimExport.com : contains 4 sections of contents : Countries Overview, Market Information, Business Intelligence, Assistance.
  
• Confidential Customer Code: this secret code allows an OptimExport account to be accessed solely by the users who know it.
  
• Estimate: a file sent to the customer giving him the pricing/time frame details of a service previously asked for.
  
• Partner: A company which manages one or several service(s) of OptimExport.com website.

1. Objective of OptimExport website

OptimExport.com's objective is to help international trade professionals, that is to say companies, self-employed individuals, business owners, professionals or any organization which has international business development as part of its objective.

The website is composed of two parts:

Identification takes effect once the customer has filled in the mandatory entry fields and confirmed his identity. OptimExport reserves the right to refuse access to the website's services should identification be inaccurate.

OptimExport.com is strictly reserved for international trade professionals (export, import), who are well-informed and have the necessary skills. OptimExport reserves the right to deny access to a customer who is not actually a professional, or who filled out the Identification form with erroneous information.

2. Field of application of these general terms and conditions of sale 

The general conditions set out herein apply to the domain name "OptimExport.com" hereafter referred to as the "OptimExport website", as well as to all services provided by the website, be they free or charged. Free services are also subject to this specific condition: to prevent any misuse, OptimExport reserves the right to limit its responses or to offer estimates to users who use the free services too intensively or whose use bears no relation to their real needs.

OptimExport's website offers numerous services, each of which has been given over to different partners : some services are proposed by OptimExport (1). Others are offered directly on OptimExport website by OptimExport’s main partner EXPORT ENTREPRISES SA which manages some marketing and regulations services and is paid directly by users of these services (2). Others are offered by some partners (3).

In case (1) it is the general terms and conditions of sale set out by OptimExport company which are applied. The general terms and conditions of sale contained herein apply in case (2). In case (3), it is the general terms and conditions of sale set out by the partner which are applied, bearing in mind that every service managed by a partner is indicated as such, i.e. on the service form, the caption "service managed / offered by / brought to you by /with PARTNER NAME XXX" appears.
These general conditions take precedence on all forms of paper documentation, and OptimExport reserves the right to modify these general conditions without prior notice.

3. Service access conditions:

The website is available for consultation 24/7, subject to breaks in service for updating or maintenance, or in case of failures from telecommunications operators.

OptimExport guarantees searches and responds to user queries on working days and during normal working hours in Continental Europe, i.e. from 9 a.m. to 6 p.m. Monday through Friday.

3.1 Estimates:

Each paying service is associated to a displayed fixed price or to an estimate proposal, which the user will find in his personal OptimExport file.

3.2 Orders and payment method validation:

The user can then "accept" this estimate. Accepting an estimate implies that the customer subscribes to the general terms and conditions of sale contained herein. The user must next choose a payment method: by automatic transfer or credit card. OptimExport verifies that the client's chosen payment method is operational:

o by asking The Center of Credit Card if the payment is made "by credit card",

o by waiting for confirmation that the transfer has been received if payment is made "by funds transfer".

3.3 Actual service provision:

As soon as payment is validated, OptimExport sets the requested query in motion. OptimExport does all it can to perform searches within the forecasted time schedules given. However, OptimExport can not be held responsible should the initial time schedule given by OptimExport or by one of its partners and correspondents be overrun.

OptimExport reserves the right to refuse a paying or free query submitted by a customer if it should occur that in the first instance, its own resources, partners and correspondents are not in a position to respond to the customer's query. In addition, if during the processing of a query, it is confirmed that OptimExport's resources, partners and correspondents are not in a position to give a customer the response requested, OptimExport undertakes to inform the customer as soon as possible. Should the search be abandoned by OptimExport, no sum is owed by the customer, and the customer may not ask for any compensation from OptimExport.

3.4 Response delivery:

Once ready, the response is made available to the customer in his personal file which can be accessed using the user password. OptimExport then sends the customer an e-mail with the address of the directory where the response has been sent. This message, as well as the proof of receipt, are considered as proof that the required service has been successfully delivered, unless a claim is lodged within five working days of the response being made available to the customer.

3.5 Payment:

OptimExport then proceeds to the payment of the service via the customer's chosen payment method.

3.6 Billing:

Once the payment has been carried out by one of the means outlined above, OptimExport prints a sales bill detailing the service, its cost, any applicable VAT, delivery date, bill date and the payment method used. This bill is sent to the customer by email or by post.

4. Subscription to Business Intelligence Service :

This service is chargeable. The user chooses its products and countries of interest. OptimExport reserves the right to change access conditions for this service, after giving users who subscribed to this service one month's prior notice. 

5. OptimExport's responsibility in service production, sectoral memos, information taken from Countries Overview and links (re-routing) offered by our website:

OptimExport undertakes to put implement all means available to offer complete, reliable and up-to-date information.
OptimExport and its partners undertake to keep customer requests confidential. However, given the difficulties arising from gaining access to information, from the diversity of information sources, from the lateness, absence and sometimes arduous publication, advertising, updating and translation of the information concerned, as well as the ever-changing nature of laws, rules and regulations and more generally of all data, responses provided to customers and users by OptimExport are done so for information only, and in no way do they constitute an acceptance of liability for OptimExport, nor for any of its partners or correspondents, should any information prove to be incomplete or obsolete. Furthermore, OptimExport cannot be held responsible for information, commercial offers or other contents of websites to which OptimExport.com has put links on its website.
Finally OptimExport cannot be held responsible for information displayed on the website due to a malicious act perpetrated by a third party on its information system, and declines all responsibility as regards to drawbacks, technical incidents, viruses and other problems which could result from the use of electronic and telecommunications equipment.
OptimExport cannot be held responsible in any manner whatsoever for any damage, whether direct or indirect, or for any harm of any kind caused to either the customer or the user due to: (i) responses given to customers, (ii) the temporary unavailability of OptimExport's website, (iii) any possible stoppage or interruption for any reason including lapses or stoppages for maintenance purposes, (iv) the knowledge or use of a customer password or confidential code by non-authorized persons, (v) the overrun of planned timeframes by OptimExport or its partners and correspondents when giving a response, (vi) circumstances beyond the company's control.
Should OptimExport's responsibility be brought into question by a customer for proven misconduct on OptimExport's part concerning information provision, the customer's right to compensation is limited to a sum which may not exceed the price paid to OptimExport in exchange for the provision of the foresaid information. Customers and users are the sole parties responsible for any queries they may make and for the use they may make of the information and responses obtained.
Finally, none of the two parties could ever have their liability brought into question should cases of absolute necessity occurl. Considered as such cases, beyond those usually cited in jurisprudence, are any delay, non-execution or wrong execution of one of its obligations following a partial or all-out strike, whether it is internal or external to either party, which has an impact on the activities of the aforesaid party, lock outs, war, riots, insurrection, storms,floodings, blockage of means of transport or telecommunications, and more generally all events which are beyond the sole control of the party falling victim of a fortuitous event or circumstances beyond control.
Should a case of absolute necessity or a fortuitous event stop the execution of the service and in particular no longer allow the website to be accessed and the provision of services contained therein for more than 30 consecutive days, each of the parties will be free to cancel the present contract without prior notice and simply by sending a letter by recorded delivery with acknowledgement of receipt. In this case, the access code and password of the user concerned will be disconnected by OptimExport and the remaining balance of the customer account will be reimbursed.

6. User password and confidential customer code:

Each user has a confidential and personal "password" corresponding to his identification on the website.

The password is the sole responsibility of the user, who must take all necessary steps so as to ensure these are not discovered by a third party or used by non-authorized persons. The customer will be billed for the requests made using his password until such time as OptimExport receives a telex, facsimile or recorded delivery letter indicating the loss or theft of the user's password and/or confidential customer code. Changing the confidential customer code will be charged 20 EUR.

7. Right of property on information:

Subscription or identification does not constitute right of property over data made available. Users and customers consult OptimExport.com for their own use. Softwares, data, text, tables, photographs, and graphs contained on OptimExport.com belong to Export Entreprises S.A. which has provided a licence to OptimExport for the purpose of OptimExport.com.

As a result, customers and users undertake to use data, information and responses obtained by the OptimExport service solely for their internal needs, not to communicate them to third parties, whether free of charge or in exchange of payment, and not to sell them either directly or indirectly. Not respecting this condition will bring about the closure of the subscription and identification, with the credit of the "customer account" remaining in the hands of OptimExport, without prejudice to any damages action which OptimExport may bring against the offending party.

8. Help:

Any information about the website, using the website's services etc. can be obtained by sending an email to backoffice@euro-sofac.com

9. Website maintenance:

OptimExport reserves the right to disrupt all or part of its services and contents online for maintenance reasons or for any other reason, without having to pay penalties.

10. Rights of access to computerized files:

OptimExport undertakes to respect the legislation when saving and processing any personal data given during your visit to the website.

In accordance with law no. 78-17 of January 6, 1978, relating to information technology, computer files and freedom, known as the "Loi Informatique et Libertés" (Information Technology and Freedom Bill), this website is registered with the CNIL (receipt n° 1039627).

As a user of the website, you agree to the fact that the master of the database saves and processes your data of a personal nature: for marketing ends, for customer management (including potential customers) of OptimExport.com, OptimExport (22 rue Durban 75016 Paris - France) and for entities linked to OptimExport, to advise of any anomalies, to construct tests and statistics, for commercial prospecting and for direct marketing.

You accept that this data of a personal nature is transmitted to partners/content providers for the reasons mentioned above or to other persons in order to respect a legal obligation or in the case of official interest. Furthermore, you accept such communications when the person who receives this data is outside the European Union, irrespective of whether or not an adequate level of protection exists in the receiving country. You have the right to ask OptimExport or third parties with which it has provided data, to stop using your data gathered via the website, with the aim of direct marketing. You have rights concerning the consultation and the correction of your data.

Every person who creates an identity has the right to access its personal data processed by OptimExport. This person may at any time ask for its data to be rectified. To exercise these rights, you must send a written request dated and signed to the address mentioned in Point 0: Definitions.

11. Complaints :

All complaints must be written on paper and posted to OptimExport, 22 rue Duban, F-75016 Paris, France.

12. Elected courts:

Your access, visit, or use of the website, as well as the general terms and conditions presented herein are overseen by French law. Should conflict arise concerning the interpretation, execution or setting up of one of the regulations of these general terms and conditions, and should an out-of-court agreement fail to be made between the two parties, only the courts of Paris are competent.

Drawn up in Paris, France, on 20/06/04

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