ARTICLE 2. CONTRACTUAL DOCUMENTS

All contractual documents (hereinafter, the “ Contract ”), the authentic language of which is French, are made up of:

• These General Terms and Conditions;

• The Order Form generated by the Site when the order is placed by the Customer.

The Customer expressly accepts that the information sent during the execution of the Contract will be sent to him by electronic mail. The Customer also expressly accepts the use, within the framework of the execution of the Contract, of registered letters by electronic means.

ARTICLE 3. PURPOSE

These General Conditions of Sale describe the terms of distance selling of Products between METHAPPRO and the Customer via the Site and define the obligations and rights of METHAPPRO and the Customer (hereinafter individually or collectively referred to as the “Party(ies)” ) .

These General Conditions of Sale and the Purchase Order constitute, in accordance with Article L 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the Parties.

Any order for Products on the Site implies, on the part of the Customer, the unreserved acceptance of these General Terms and Conditions. Any additions, deletions, modifications or deletions to these General Terms and Conditions that are not approved by METHAPPRO shall be considered null and void.

In the event of specific agreements contractually provided for between METHAPPRO and the Client, these agreements may deviate from certain provisions of these General Terms and Conditions, the other provisions of which remain applicable as long as they are not inconsistent.

Any modification of METHAPPRO's T&Cs, or any acceptance on its part of a specification or condition of any nature whatsoever, may only be taken into account by the Client after the signing of a formal agreement. METHAPPRO's consent for any reason whatsoever cannot be tacit; it is always express and written.

The information contained in the catalog, prospectuses and any other marketing document of METHAPPRO is given for information purposes only and is subject to revision at any time. METHAPPRO is entitled to make any changes it deems useful.

These General Terms and Conditions are communicated without delay to any Customer who requests them and can be consulted directly and at any time on the Site.

ARTICLE 4. SCOPE AND EFFECTIVE DATE

These General Terms and Conditions apply, without restriction or reservation, to any order placed by the Customer with METHAPPRO via the Site.

These T&Cs may be subject to subsequent modifications. The version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.

Amendments to these T&Cs are binding on Customers from the time they are posted online and cannot apply to transactions concluded previously.

This Contract is concluded upon the placing of the order by the Customer on the Site, which constitutes express acceptance by the Customer of the General Terms and Conditions.

ARTICLE 5. PRODUCTS OFFERED FOR SALE

5.1 Product characteristics

The Products offered for sale on the Site are the subject of a description allowing the Customer to know their main characteristics and in particular the specifications and their price.

The Customer is required to read this before placing any order. The choice and purchase of one or more Product(s) by the Customer is his/her sole responsibility.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times.

In the event that photographs, graphics or any other form of illustration are presented on the Site, these are not contractual and cannot engage the responsibility of METHAPPRO.

The Products presented on the Site are offered for sale in mainland France.

5.2 Duration of validity of the Product offer

As METHAPPRO does not reserve stock, selecting a Product does not guarantee the availability of said Product. As such, Product offers are within the limits of available stocks, as specified when placing the order.

ARTICLE 6 – ORDERS

6.1 Creation of a customer account

Prior to placing an order, the Customer must create a customer account on the Site. The customer account is valid for an indefinite period.

When creating the account, the Customer may be required to transmit to METHAPPRO via the platform any approval authorizing it to purchase the Products.

The Customer may at any time and free of charge close their customer account on the Site by sending an email with acknowledgment of receipt to the following address: contact@methappro.fr. 

METHAPPRO may, at its sole discretion, close the customer account, subject to informing the Customer in advance by email, specifying the reason for its decision.

Whatever the reasons for closure, no compensation will be paid to the Customer and the latter remains liable to pay any sum due to METHAPPRO on the effective date of termination.

6.2 Placing the order

It is up to the Customer to select the Products they wish to order on the Site.

The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer's responsibility to check the accuracy of the order and to immediately report or rectify any errors.

Placing an order on the Site is carried out when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Terms and Conditions.

Any order placed by a Customer will be the subject of a personalized Order Form mentioning the details of the Products ordered, their price, the conditions and delivery costs.

The sale is only final after sending the Customer confirmation of the availability of the Product, acceptance of the order by METHAPPRO and the summary of the order electronically.

METHAPPRO reserves the right to refuse an order, in particular in the event of a breach by the Customer of its obligations, in the event of a manifest pricing error, in the event of a lack of sufficient information to enable METHAPPRO to carry out the order, concerning a Customer with whom a payment dispute is in progress, or in the event of an objective suspicion of fraud.

If the order is confirmed by METHAPPRO, the sale is complete and the amount owed by the Customer for the validated order is debited from the Customer's bank account.

In the event of refusal or absence of confirmation of the order by METHAPPRO, within three (3) days from the validation of the order by the Customer, the Contract concluded with the Customer is automatically terminated and each of the Parties is released from its obligations.

Any order validated by the Customer and confirmed by METHAPPRO on the Site, under the conditions and terms described above, constitutes the formation of the Contract concluded remotely between the Customer and METHAPPRO.

Unless proven otherwise, the data recorded on the Site or in the Site's computer system constitutes proof of all transactions concluded between METHAPPRO and the Client.

6.3 Modification of the order

Once confirmed and accepted by METHAPPRO, under the conditions detailed above, the order cannot be modified.

6.4 Cancellation of the order

Once confirmed and accepted by METHAPPRO under the conditions defined above, the order cannot be cancelled if said right is applicable to the Customer, or in the event of force majeure, as defined in articles 12 and 15.

ARTICLE 7 – PRICE

The Products are supplied at the prices set by METHAPPRO appearing on the Product description sheet on the date the order is placed by the Customer.

The prices appearing on the Product description sheet may be revised at any time by METHAPPRO. As such, it is the Customer's responsibility to consult the prices in force on the Site prior to placing any order. Under no circumstances may the Customer invoke any right against METHAPPRO in order to benefit from a price offered on the Site before or after placing an order.

Prices are indicated in euros, net and excluding taxes. They do not include delivery costs, any insurance costs that remain the responsibility of the Customer. The delivery costs re-invoiced to the Customer by METHAPPRO are indicated on the Site when placing the order directly online, on the Order Form, or on the confirmation and order summary sent by METHAPPRO to the Customer. The applicable Value Added Tax (VAT) rate is that in effect on the day the invoice is issued. The price is established for deliveries in mainland France exclusively.

Special pricing conditions may be applied depending on the specificities requested by the Customer, particularly regarding delivery terms and times, or payment times and conditions.

ARTICLE 8 – PAYMENT AND INVOICING CONDITIONS

8.1 Payment Terms

The Customer, when placing the order, must pay a deposit representing a share of the price of the Products ordered.

The balance of the order, equal to the amount owed by the Customer to METHAPPRO for the order placed after deduction of the deposit, must be paid upon receipt of the Products and according to the payment conditions indicated on the invoice, which is issued by METHAPPRO to the Customer.

Payment for the order is made by bank transfer using the METHAPPRO bank details indicated on the invoice and on the order summary.

In the event that the bank transfer linked to the acquisition of Product(s) fails, for whatever reason, the resulting costs shall be borne by the Customer.

Payments made by the Customer will only be considered final after actual collection by METHAPPRO of the amounts owed by the Customer.

No discount for early payment or cash payment is granted.

8.2 Billing

An invoice is issued by METHAPPRO when the order is validated. The invoice is sent to the Customer on their customer account and by email. It is also given to them upon delivery of the Products ordered by the Customer.

ARTICLE 9 – DELIVERIES

9.1 Delivery and receipt of Products

The Products ordered by the Customer will be delivered in mainland France within the shipping time indicated on the Product sheet, to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases, the Products covered by the same order will be delivered in one go.

Any reasonable delay in the delivery of the Products may not give rise, in favor of the Customer, to the allocation of damages or to the cancellation of the order.

In order to meet deadlines, the Customer must ensure that they have provided METHAPPRO with accurate and complete information regarding the delivery address.

METHAPPRO cannot be held liable in the event of delay or suspension of delivery attributable to the Customer or in the event of force majeure.

In the event that the Customer has himself taken charge of calling upon a carrier of his choice, the delivery is deemed to have been made upon delivery of the Product(s) ordered by METHAPPRO to the carrier who has accepted them without reservation. The Customer acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against METHAPPRO in the event of failure to deliver the Products.

9.2 Removal of Products

In the event that the Customer has chosen to collect the Products directly from METHAPPRO's premises, delivery is deemed to have been made upon delivery of the Products ordered to the Customer. The Customer is then responsible for the transport of the Products ordered and has no recourse against METHAPPRO in the event of an anomaly occurring during the transport of said Products.

9.3 Product Conformity

The Customer is required to check the apparent condition of the Products upon delivery or collection. In the absence of reservations expressly issued by the Customer upon delivery, within the period defined below, the Products delivered by METHAPPRO will be deemed to comply in quantity and quality with the order.

The Customer will have a period of five (5) days from receipt or collection of the Products ordered to issue, by electronic mail with electronic acknowledgment of receipt or by registered letter with acknowledgment of receipt, such reservations to METHAPPRO. No claim may be validly accepted in the event of non-compliance by the Customer with the aforementioned deadline.

It is the Customer's responsibility to provide any justification as to the reality of the non-conformities noted. The Customer must provide METHAPPRO with every facility to identify the Product(s) concerned and to carry out any observations of the alleged facts in order to remedy them.

METHAPPRO reserves the right to carry out any observations and verifications directly or indirectly on the Client's premises.

In the event that the quantity of Products ordered, upon delivery, including by collection as defined in article 9.2, does not comply with the order and this lack of conformity has been duly proven by the Customer and recognized by METHAPPRO, the latter will proceed, at its own expense, to send the missing Products.

In the event that the quality of the Products ordered does not comply with the order and does not reflect hidden defects, METHAPPRO, in its capacity as intermediary between the Supplier and the Customer, cannot be held liable.

9.4 Guarantees

METHAPPRO is only bound by an obligation of means towards the Customer and provides no guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the Products supplied to the Customer, subject to legal guarantees against hidden defects.

All Products for sale on the Site benefit from the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. The action for the guarantee of hidden defects must be exercised by the Customer within two (2) years from the discovery of the defect. To this end, the Customer will notify METHAPPRO, by email with electronic acknowledgment of receipt or by registered letter with acknowledgment of receipt, of the occurrence of the defect. It is up to the Customer to provide any justification as to the reality of the defects that have occurred.

When the defect has been established by the Customer and recognized by METHAPPRO, the latter undertakes either to refund the sale price of the Product in return for the return of the Product by the Customer or to replace the Product, to the exclusion of any damages.

In the event of reimbursement of the Product(s) affected by a defect, this will be made by transfer to the Customer's bank account.

METHAPPRO cannot be held liable in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

METHAPPRO cannot be held responsible for any anomaly encountered by the Client during the methanization process.

In this respect, the Customer undertakes that the Products ordered will be, before being integrated into the methanization process, checked by a biological expert, who will have to check the quality and composition of the Products in order to verify that the Products do not contain any agent likely to deteriorate the methanization process, and define the volume of Products to be integrated into the methanization process.

Any loss is considered indirect damage and, consequently, any action brought against the Customer by a third party does not give rise to compensation.

METHAPPRO's warranty is in any event limited to the replacement or reimbursement of Products affected by a defect.

ARTICLE 10 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS

10.1 Transfer of ownership

The transfer of ownership of the Products to the Customer is made on the day of delivery of the Products, including in the case of collection of the Products as detailed in article 9.2, regardless of the date of the order or payment of the price.

10.2 Transfer of risks

The transfer to the Customer of the risks of loss and deterioration of the Products will be carried out upon delivery and receipt of said Products at the address indicated on the order, regardless of the transfer of ownership. METHAPPRO thus assumes the risk of transport until delivery to the address indicated by the Customer on the order. As such, the unloading of the Products is carried out under the exclusive responsibility of the Customer.

When the Customer collects the Products directly from METHAPPRO's premises, the transfer of risk occurs at the time the Products are made available by METHAPPRO to the Customer on its premises. As such, all transport, loading and unloading operations are at the Customer's sole risk and responsibility.

ARTICLE 11 – RESPONSIBILITIES

11.1 Customer Services / Complaints

Complaints, questions, requests for information concerning the Products offered for sale by METHAPPRO, may be sent by email to the following address: contact@methappro.fr . METHAPPRO will make its best efforts to answer all questions as quickly as possible.

No claim made by the Customer may have the effect of suspending payment by the latter of the sums due for placing and validating the order.

11.2 Liability of METHAPPRO

METHAPPRO assumes no responsibility for material errors or inaccuracies on the Site, for damage to property or persons resulting from access to the Site, for unauthorized access or use of the servers or personal or financial information stored therein, for the interruption or cessation of transmission, for the transmission of viruses or any similar element to or through the Site by third parties, or for the loss of data placed on the Site.

METHAPPRO is not liable for any indirect damage arising from transactions carried out on the Site, including any damage of an economic nature, in particular, without limitation, loss of income or profits, whatever the legal basis.

Subject to the occurrence of the following events, or any case of force majeure, or change in applicable regulations preventing the operation of the Site, the latter is accessible twenty-four hours a day (24 hours a day) and seven days a week (7 days a week).

METHAPPRO declines, however, all responsibility, without this list being limiting:

• In the event of interruption for technical maintenance operations or updating of published information;
• In the event of temporary inability to access due to technical problems, whatever their origin and provenance;
• In the event of unavailability or overload or any other cause preventing the normal operation of the mobile telephone network used to access the Site;
• In the event of contamination by possible computer viruses circulating on the network;
• More generally, in the event of direct or indirect damage caused to the Customer, whatever its nature, resulting from access to or use of the Site, including by the Customer;
• In the event of abnormal use or illicit exploitation of the Site.

In any event, neither Party may be held liable for any damage suffered by the other Party resulting from the latter's failure to perform its obligations, such as in particular the Customer's failure to comply with the instructions for use of the Products, resulting from the latter's misuse of said Products and/or resulting from abnormal or inappropriate storage conditions.

The Parties are in no way liable for indirect damages suffered by the other Party resulting from the use of the Products and the execution of the Contract, such as these indirect damages are commonly accepted by French case law. As such, METHAPPRO could in no way be held liable for misuse of the Products by the Customer.

In any event, if METHAPPRO's liability should nevertheless be retained, the amount of damages which could be awarded to it may not exceed, all losses combined, the amount actually collected by METHAPPRO for the order placed by the Customer, or when METHAPPRO's liability is unrelated to a specific order, the amounts actually collected by METHAPPRO for orders placed by the Customer over the last twelve (12) months.

The Customer undertakes for his part to take all useful precautions to reduce the damage likely to result for him from the execution of this Contract and the use of the Products.

11.3 Customer Liability

The Customer declares that he knows and understands the Internet and its limits, in particular its functional characteristics and technical performances, the risks of interruption, the response times for consulting, querying or transferring information or the risks inherent in any data transfer. In addition to the disclaimers provided for herein, METHAPPRO cannot be held responsible for the unavailability of networks that are not under its direct control.

The Customer acknowledges that the Site may be modified or updated and access to the Site interrupted, suspended or stopped at any time without prior notice. In this respect, it is specified in particular that any maintenance operation carried out on the Site may disrupt access and/or operation of the Site. METHAPPRO cannot be held responsible for any unavailability or slowdown of the Site inherent in the modification or update of the Site.

The Customer declares to recognize that the continuity of the functionalities of the Site cannot be guaranteed by METHAPPRO. Under no circumstances can METHAPPRO be held responsible for the impact of disruptions in access to the Site and/or the functionalities of the Site on the Customer's activity.

The Customer undertakes to comply with these General Terms and Conditions and to use the Site, made available to it by METHAPPRO, in accordance with these General Terms and Conditions and the laws and regulations in force.

The Client undertakes in particular not to use, or allow third parties to use, the Site for the following purposes:

• Contrary to public order and morality;
• Pornographic;
• Insulting, defamatory, racist, xenophobic, homophobic, revisionist or damaging to the honor or reputation of others;
• Incitement to discrimination or hatred of a person or group of people because of their origin, sexual orientation, membership or non-membership of a specific ethnic group, nation, race or religion;
• Threat of a person or group of people;
• Degrading or damaging to the human person or their integrity;
• Of committing an offence, crime or act of terrorism or of condoning war crimes or crimes against humanity;
• Enabling the rights of others and the safety of people and property to be infringed;
• And, more generally, to use it in any way tending to enable the above actions.

Use of the Site is made under the sole and entire responsibility of the Client. As such, the Client assumes full responsibility and risks of losses related to the use of the Site.

In the event of improper use or illicit exploitation of the Site, the Customer is solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result.

The Customer also waives any recourse against METHAPPRO in the event of legal action brought by a third party against it due to non-compliant use and/or illicit exploitation of the Site.

The Customer undertakes, in accordance with article 9.4, to call upon a biological expert to control the quality and quantity of the Products before any integration of the latter into the methanization process.

The Customer undertakes to comply with all regulations in force applicable in France.

ARTICLE 12 – WAIVER OF THE RIGHT OF WITHDRAWAL

The Customer, pursuant to Article L. 221-28 4° and 6° of the Consumer Code and due to the nature of the Products, which are likely to deteriorate or expire quickly but also to be mixed inseparably with other items once in the methanizer, expressly waives by these General Terms and Conditions of Sale his right of withdrawal.

ARTICLE 13 – PERSONAL DATA

The personal data collected from Customers are subject to computer processing carried out by METHAPPRO. They are necessary for the placing and processing of the Customer's order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable guarantees.

The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The data controller is METHAPPRO. Access to personal data will be strictly limited to employees of the data controller, authorized to process them due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, such as carriers, without the Client's authorization being necessary.

In the context of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, METHAPPRO prohibits selling, renting, assigning or giving third parties access to the data without the prior consent of the Client, unless required to do so for a legitimate reason.

If the data is to be transferred outside the European Union, the Client will be informed and the guarantees taken to secure the data will be specified.

In accordance with the applicable regulations, the Customer has the right to access, rectify, erase and transfer data concerning him/her, as well as the right to object to processing for legitimate reasons, rights that he/she may exercise by contacting the data controller within METHAPPRO at the following email address: contact@methappro.fr. In the event of a complaint, the Customer may contact the National Commission for Information Technology and Civil Liberties (CNIL).

It is specified that the use of the Stripe payment platform by the Customer results in the collection and processing of personal data for which METHAPPRO cannot be considered as the data controller as defined by law n°78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms. The data controllers in this case are designated by the platform concerned.

ARTICLE 14 – INTELLECTUAL PROPERTY

The Client acknowledges that all elements of any nature whatsoever comprising the Site, such as in particular the structure of the Site and its graphic charter, are the property of METHAPPRO and are protected by intellectual property law.

METHAPPRO grants the Client a simple, non-exclusive right to use the Site in accordance with its intended purpose.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 15 – FORCE MAJEURE

The Parties shall not be held liable if the non-performance of any of their obligations, as described in these General Terms and Conditions, results from a case of force majeure within the meaning of Article 1218 of the Civil Code.

The Party noting the event must immediately inform the other Party of its inability to perform its service and provide justification to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.

As soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible.

If the impediment is permanent or exceeds a period of thirty (30) days, these terms and conditions will be purely and simply resolved after sending a formal notice by registered letter with acknowledgement of receipt or any extrajudicial act.

Consequently, the Customer's order concerned will be considered cancelled and no compensation may be claimed in this regard.

ARTICLE 16 – UNFORESEEN EVENTS

It is recalled that in the event of a change in circumstances unforeseeable at the time of conclusion of the Contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.

ARTICLE 17 – APPLICABLE LAW / DISPUTES

These General Terms and Conditions and Order Form(s) are governed by French law.

In the event that one or more clauses herein are found to be null and void under a rule of law in force or a court decision that has become irrevocable, the other stipulations shall retain their full force and scope.

In the event of any difficulty in interpreting any heading or clause herein, the content of the clause shall prevail over the heading.

In the event of a dispute and after an attempt to find an amicable solution, the Client and METHAPPRO assign jurisdiction to the Paris Commercial Court.