Terms of use and sales conditions

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Terms of Sale of Export Entreprises SA

(For the services offered on the site www.laposte-export-solutions.com)

-> Definitions
1. Scope of application of the standard terms
2. The services offered on the site by Export SA
• 2.1 The services under the “Observe” heading
• 2.2 The “Target” heading services
• 2.3 The services of the “Prospect” section
3. Terms and Conditions
• 3.1 Free services
• 3.2 The fee-paying services
4. Payment and invoicing
5. Delivery of the service ordered
6. Exemption of La Poste’s liability
7. EXPORT Entreprises SA’s liability
8. Right of ownership on the information
9. Right of access to the computerised file
10. Claims
11. Courts with jurisdiction

Definitions

laposte-export-solutions: a set of contents and services offered respectively by La Poste and Export Entreprises SA, 154 Boulevard Haussmann, F-75008 Paris, France, for the purpose of exploring export markets for SMEs.

The Site: the Internet site opened by la Poste and Export Entreprises SA under the domain name LaPoste-Export-solutions.com for the purpose of offering the services and contents described below. The general usage conditions can be looked up on the Site.

Export Entreprises SA: the partner company of La Poste Courrier International, specialised in international trade, managing the Site and offering and providing some of the services indicated on the Site.

Client : any SME, association or any professional who has created a User Profile and who may use the Site's free or fee-paying services. Each Client is represented by one or more Users, a natural person authorised by the Client to act on its behalf.

User : any natural person accessing the site and the services offered

Estimate : the documents sent to the Client by e-mail to offer him/her prices and time frames for a service that he/she has requested; an Estimate contains a hypertext link to the Site's standard terms of sale.

1. Scope of application of the standard terms

These Standard Terms of Sale (hereinafter referred to as the “Standard Terms”) apply to all of the services offered on the site laposte-export-solutions.com by Export Entreprises SA, defined below, whether free of charge or fee-paying.

The consultation and order of services entails full and complete acceptance of these Standard Terms.
EXPORT Entreprises SA reserves the right to alter the Standard Terms without notice.

2. The services offered on the site by Export SA :

The services offered on the Site by Export SA are reserved for SME's, associations and professionals in metropolitan France.

2.1 The services under the “Observe” heading

The services of the “Observe” heading enable the user to carry out an initial search on the economic environment and the conditions for marketing in different countries.
Consultation of this information is free of charge.

2.2 The “Target” heading services

This section reserved for profiled users, in the conditions stipulated by the standard terms of use, enable them to obtain a series of information from key words and include two types of services :

• a basket of personalised free services available online or on order,
• personalised fee-paying study and research services.

In the part entitled 'Validate a market', Export SA offers the following services:

Service	Wait time	Rate
Search for a number in a customs classification	Online	Free of charge
Calculate an export sales price	Online	Free of charge
Identify the flows of a product between two countries	48 hours	€25
Know the taxes specific to the product	48 hours	Free of charge
Know the customs duties applied in a country	48 hours	€15
Identify a standard	48 hours	€50
Obtain statistical data	48 hours	€50
Know the customs clearance regulations for incoming goods	48 hours	€50
Draw up a list of prices	48 hours	Based on estimate
Carry out a market study	48 hours	Based on estimate

In the part entitled 'Other Services', Export SA offers the following services:

Service	Wait time	Rate
Convert a foreign currency	Online	Free of charge
Convert measurements	Online	Free of charge
Know visa and vaccination formalities	Online	Free of charge
Know the weather forecast for foreign countries	Online	Free of charge
Know the time differences	Online	Free of charge
Know the Incoterms 2000	Online	Free of charge
Know the labelling rules	48 hours	Free of charge
Know the documents required to accompany goods	48 hours	€45
Identify a professional trade fair	48 hours	€15
Identify a professional magazine	48 hours	€15
Obtain a model for an international contract	48 hours	€ 80
Have the documents legalised	48 hours	Based on estimate
Purchase customs transport forms	Shipment wait time	Based on estimate
Translation	48 hours	Based on estimate

If Export Entreprises SA considers the use of this section wrongful, EXPORT ENTREPRISES reserves the right to limit its answers or to offer estimates to Users who use the free services in a manner unrelated to their needs.
Access to the free services is limited to 9 services per year and per Client.

2.3 The services of the “Prospect” section :

This section, reserved for profiled users, offers users three distinct fee-paying services:

• the carrying out of a test on a market,
• the sale of files and translation of documents,
• the organisation of a prospecting mission.

The breakdown of the services offered and the prices may be consulted directly on the site wwwLaPoste-export-solutions.com/ .

3. Terms and Conditions

3.1 Free services

Certain free services may be accessed directly online.

For the other free services, which cannot be accessed directly online, the user must select the service in question, provide the information requested to enable his/her request to be defined and click on “order”. By clicking on the “order” button during the order process, the user declares that he fully and unreservedly accepts these Standard Terms.
The contract with Export Enterprise is thus validly concluded.

3.2 The fee-paying services

Each fee-paying service displays a fixed price on the site, or a proposed estimate which the User receives by e-mail.
The prices of the services include all taxes, excluding any carriage costs.

• 3.2.1 Fixed price services

To order fee- paying services where the price is fixed, the user must select the service in question on the site and then click on “order”.
By clicking on the “order” button during the order process, the user declares that he fully and unreservedly accepts these Standard Terms. The contract is then duly concluded with Export Entreprises SA.

• 3.2.2 The estimate 

For personalised services, offered by Export Solutions SA in the sections “Target” and “Prospect”, after the user has sent his request by e-mail, Export Enterprises SA sends the user, within two business days of his/her request, by e-mail, an estimate indicating the price, the conditions and the estimated time frame for the rendering of the services.

To confirm the order, the user may use either the link to the order page contained in the e-mail sent to him, or the “my account” section directly on the site www.laposte-export-solutions.com.
By clicking on the “order” button during the order process, the user declares that he fully and unreservedly accepts these Standard Terms. The contract is then duly concluded with Export Entreprises SA.

4. Payment and invoicing

After validation of its order, the User must then choose a means of payment: cheque, transfer or credit card.
The order is only considered effective after receipt and effective collection of the payment.
The corresponding invoice will be sent to the Client by mail.

5. Delivery of the service ordered

Upon validation of the payment, Export Entreprises SA will commence the requested search.
The execution time frames are given for information purposes only.

Export Entreprises SA shall do its utmost to keep to the stated estimated time frames.
However, EXPORT Entreprises SA cannot be held liable in case it fails to keep to the time frames given by it or by its correspondents.
Export Entreprises SA reserves the right to refuse a request for a Client if it turns out that neither its own resources nor its correspondents are able to satisfy the Client's request. In this case, Export Entreprises SA shall notify the client of its refusal, by e-mail, as quickly as possible, after the order's validation.

In addition, if, during the handling of a request, it turns out that the resources or correspondents of Export Entreprises SA are unable to reply to the Client's request, Export Entreprises SA undertakes to inform the client as quickly as possible.
If the search is abandoned by Export Entreprises SA, the amounts paid by the Client shall be returned to the latter, although the Client cannot request any other compensation.

The reply is sent to the Client by e-mail, to the address indicated on the identification form.
Receipt of this message, deemed as acknowledgment of receipt, shall be understood as delivery of the requested service.

For the purchase of printed transport or customs documents, the order is sent by mail, at the User's expense.

6. Exemption of La Poste’s liability

The services ordered by the Client from Export Entreprises SA are rendered by Export Entreprises SA under its sole and entire responsibility.
Under no circumstances may La Poste be held liable as a result of failures to perform by Export Entreprises SA in rendering the services offered on the Site or as a result of information provided by Export Entreprises SA.

7. EXPORT Entreprises SA’s liability

The whole of the services offered by the Site, mentioned in these general terms and conditions, are developed and performed by EXPORT Entreprises SA under its sole responsibility.
EXPORT Entreprises SA's responsibility in the production of services, publishing of memos on market trends, publishing of information on the international atlas (“Observe”) and in the links (re-routing) offered is as follows :

EXPORT Entreprises SA undertakes to use all means at its disposal to provide complete, reliable and up-to-date information.

However, given the difficulties of accessing information, the diversity of information sources, the delay, absence or bad conditions for publication, advertising, updating or translating of the information in question, the instability of laws, regulations and, more generally, of all applicable standards, the responses and information provided by EXPORT Entreprises SA to clients and users are provided for information purposes only and cannot in any way give rise to EXPORT Enterprises SA's liability or that of its partners or correspondents, in case of incomplete or outdated information or reply.

In the event that the Client holds EXPORT Entreprises SA liable for any proven fault of Export Entreprises SA in supplying the information, the Client cannot claim compensation other than the reimbursement of the service.
The Clients and Users are solely responsible for the questions they ask and for the use they make of the information and replies obtained.

Export Entreprises SA, La Poste and their partners undertake to maintain the confidentiality of Clients' requests.

Finally, EXPORT Entreprises SA cannot be held liable in case of force majeure. The following are considered as examples of cases of force majeure, in addition to those normally accepted by case law: any delay, non-fulfilment or improper fulfilment of one of its obligations following a partial or complete strike, internal or external to one of the parties having an impact on the activity of said party; war, riot, insurrection, storms, floods, blocking of transport or communications, and, more generally, any event outside the sole control of the party that is the victim of this unforeseeable event or force majeure.

If a case of force majeure or an unforeseeable event prevents the rendering of the Service and, in particular, prevents access to the Site and the supply of the services contained therein during more than 30 consecutive days, each of the parties shall be free to terminate this contract without notice and by registered mail with return receipt.

8 . Right of ownership on the information

Use of the Site does not constitute a right of ownership on the data made available.
The Users and Clients consult the Site for their own account.

All information, data, texts, tables, photographs and graphs provided by Export Solutions SA as part of the services offered by Export Solutions SA on the Site constitute a database for which, based on current legislation, EXPORT Enterprise SA holds the property rights.

Accordingly, the Client and Users undertake to only use the data, information and replies that they have obtained by the Site for their internal needs, not to communicate the same to third parties, whether or not for consideration, and not to commercialise them, directly or indirectly. Failure to comply with this condition will give rise to the termination of the user account and identification, without prejudice to any action for damages that EXPORT Enterprises SA could initiate against the violator.

9 . Right of access to the computerised file

The information communicated by the Client will be processed by automated means by La Poste.

They are collected by Export Enterprises SA in order to enable it to process and fill the Client's orders. Information that is critical is indicated by an asterisk on the site's pages. This information is transmitted to La Poste which may use the same for the purposes of commercial prospecting.

In accordance with Act No. 78-17 of 6 January 1978 concerning data processing, files and freedom, the Client is entitled to access and rectify information concerning him.
Should he wish to exercise this right, he will send a letter to LA POSTE Direction des Activités International du courrier, 111 Bld Brune F-75014 Paris (Cas Postale D304).

If his grounds are legitimate, he may also oppose the processing of information concerning him.

10. Claims

Any claim concerning the services rendered by Export Enterprises SA must be made in writing and by registered mail with return receipt, within one month of the sending of the service by Export Enterprises SA, to the following address: EXPORT Entreprises SA, 154 Boulevard Haussmann F-75008 Paris, France.

11. Courts with jurisdiction

This document is governed by French law. In the event of a dispute concerning the interpretation, implementation and application of any one of this document's provisions and in the absence of an amicable agreement between the Client and EXPORT Entreprises SA, the courts of Paris shall have sole jurisdiction to hear the dispute.