Personal Data Compliance

PERSONAL DATA PROTECTION POLICY

Eco-Counter collects your personal data for predetermined and legitimate purposes

Eco-Counter is the legitimate body for the processing of personal data operated on the site. The company collects information about you when you browse our website. The mandatory or optional nature of the data is specified on the information collection forms.

The personal data collected allow us to perform the operations relating to:

• customer management ;
• prospecting;
• statistics;
• management of requests for access, rectification and opposition;
• management of unpaid bills and litigation;
• notice management.

The legal groundings for this data processing is the execution of the contracts or the execution of pre-contractual measures taken at your request.

This data can be used to send information from Eco-Counter, which you can unsubscribe at any time.

Eco-Compteur is committed to keeping your data secure

We are committed to ensuring the security of your personal data through strict procedures within our company. For data collected « online », communications on the client part are encrypted between the user’s computer and our servers (HTTPS secure zone). Eco-Counter put all its efforts in order to protect your personal data. Within Eco-Counter, only those who, because of their functions, have a legitimate interest in accessing them will have access to your information.

In the context of technical operations, your data may also be hosted by our subcontractors. These are rigorously selected and act according to our instructions. Your data is hosted in Europe. No transfer of data outside the European Union is carried out, thus ensuring optimal legal security of your personal data. Eco-Counter keeps your personal data for a limited and predefined period.

Accounts and orders:

As a customer, your data will be kept for the time needed for commercial management.

Cookies :

Cookies have a limited lifespan of thirteen months after their first deposit in the terminal equipment of the user (following the expression of consent), as recommended by the CNIL. To learn more about cookies and how we are committed to using them, please visit this page.

You have rights to your personal data, here’s how to use them:

In accordance with the provisions of the Data Protection Act of 6 January 1978 as amended and those of the General Data Protection Regulations, you have the right to access, correct, port and erase your personal data. You may also request the limitation of the processing of data concerning you. You can exercise your rights by contacting us: by e-mail to the dedicated address [email protected]; or by mail to Eco-Compteur, 4 rue Charles Bourseul 22300 Lannion.

Your request must specify your name(s), first name(s), customer number and include a copy of your identity document. You also have the right to set guidelines for the management of your personal data after your death. You can also, for legitimate reasons, deny the processing of your data and have the right to withdraw your consent at any time when processing of personal data implemented relies on it. Finally, you have the possibility to lodge a complaint with the supervisory authorities competent for the protection of personal data.

Date of last update: 10/04/2019

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GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale are applicable to the sale of property (hardware and software) sold by ECO-COMPTEUR to any professional buyer. To prevent any misunderstanding, these general terms and conditions of sale do not apply to a consumer buyer as set forth in the French Consumer Code.

The original version of these conditions is in French. Only the French version is binding and shall prevail over any other version.

These general terms and conditions are always sent to the buyer prior to any order placement.

Consequently, placing an order with ECO-COMPTEUR is subject to the buyer’s unreserved acceptance of these general terms and conditions of sale, any subsequently applicable general terms and conditions of sale, as well as of ECO-COMPTEUR’s prices effective on the order date, notwithstanding all conflicting clauses which appear in any type of document issued by the buyer.

Overriding or special agreements will not prevail over these conditions, failing the express, written agreement of ECO-COMPTEUR. Any conflicting clauses originating from, amongst others, general conditions of sale, general conditions of delivery and buyer conditions relating to the listing of preferred suppliers, shall be considered unenforceable.

Should ECO-COMPTEUR fail to invoke any of the clauses in these general terms and conditions of sale at a given point in time, this shall not be construed as representing its waiver of entitlement to invoke any one of the clauses of said conditions at a later date.

The texts and photos featuring in the catalogues, commercial documentation and on the website of ECO-COMPTEUR are not contractually binding, the products shown being subject to any changes deemed necessary by ECO-COMPTEUR.

ECO-COMPTEUR retains the right to amend these terms and conditions as it sees fit. The general terms and conditions of sale applicable to the contract are those in force on the date of acceptance by the buyer.

 

1. 1. PRODUCTS, ORDERS, PRICES

1.1 Products

ECO-COMPTEUR offers its products to potential buyers via its sales team, its brochures and catalogues or its IT system.

ECO-COMPTEUR may at any point in time modify the references and characteristics of its products for sale.

1.2 Orders

Sales are only finalised subject to the express written acceptance by ECO-COMPTEUR of the buyer’s order; it being specified that ECO-COMPTEUR may reject the order, including in the following circumstances:

• any order whose volume is unusually high with respect to volumes usually ordered by the buyer, resale at a loss or any other unfair practice,
• non settlement of a previous order by the buyer,
• as the case may be, buyer’s failure to comply with the territory entrusted to them by ECO-COMPTEUR under the terms of the distribution contract,

The term ‘order’ encompasses any order covering the products sold by ECO-COMPTEUR and featuring on the price list applicable on the effective date, and approved by ECO-COMPTEUR, potentially associated with the settlement of the down payment stated on the purchase order.

Any modification to the content or volume of an order or cancellation of an order by the buyer can only be considered if it is received in writing by ECO-COMPTEUR and accepted in writing by ECO-COMPTEUR.

Should the buyer make any changes to the order, ECO-COMPTEUR will be released from the agreed lead times for its execution.

1.3 Withdrawal

As the buyer is a professional buying for the purposes and requirements of their trade, there is no need to apply the right of withdrawal under the French Consumer Code, under the following proviso.

Pursuant to article L221.3 of the French Consumer Code, any professional buyer with a workforce of less than 5 employees has a 14 day period to withdraw from any off-premises contract under article L221-1 I. 2° of the Consumer Code (except for contracts signed remotely), subject to the purpose of the contract not entering the scope of the Client’s core business. Pursuant to the Consumer Code, the buyer has a period of 14 business days from the date of delivery of their order to return any product that fails to meet their expectations and request an exchange or reimbursement without penalties, save for return costs that are borne by the buyer.

Products must be returned in their original and complete state (packaging, accessories, user guide, etc.), complete with their purchase invoice.

Damaged, soiled and incomplete products will not be traded in.

The buyer can use the form attached to the order during delivery, or any other withdrawal declaration method, provided it is unambiguous and clearly states the buyer’s will to withdraw.

If the right to withdrawal is invoked within the above-stated period, the price of the product or products purchased and the delivery costs will be reimbursed.

Return costs are borne by the buyer.

1.4 Prices

The prices of the products are subject to change without notice. Any price changes will be automatically effective on the date given on the new price.

Invoicing is based on the prices in force on the day on which the order is placed.

Prices are given net and excluding VAT. Shipping and packaging costs may be charged in addition to the price of the products.

All taxes, duties, fees or other costs to be paid pursuant to French regulations or those of an importer country or a transit country are payable by the buyer.

An invoice will be prepared for each delivery and issued to the buyer at the time of said delivery.

 

2. 2. DELIVERY

 

The delivery lead times are subject to availability and are solely informational.

ECO-COMPTEUR is authorised to carry out partial deliveries.

Products are deliverable to the locations agreed to with the buyer. Pursuant to article L 132-7 of the French Commercial Code and irrespective of the conditions of transport and payments terms, the goods are shipped at ECO-COMPTEUR’s own risk.

Late deliveries are not subject to damages, detention and cancellation of current orders.

Complaints will only be accepted if they are filed within a 7-day period, not including bank holidays, following the delivery of the products and if the consignee has not fulfilled their duties for the delivery, in particular in regards to the legal reservation notification with the hauliers. The complaint must include any justification substantiating the truth of the visible defects or breaches as well as any information whereby ECO-COMPTEUR can establish a connection with the invoice.

Return costs can only be charged to ECO-COMPTEUR if a visible defect is indeed allegedly identified by ECO-COMPTEUR.

Should a visible defect or breach be formally identified by ECO-COMPTEUR following verification, the buyer can only request that ECO-COMPTEUR replace the non-compliant items and/or make up for shortages, charged to ECO-COMPTEUR and without the buyer being entitled to any compensation or the termination of the order.

Delivery of the products ordered by the buyer without any reservations covers any visible defect and/or shortage.

ECO-COMPTEUR endeavours to meet the delivery dates stated upon acceptance of the order, in accordance with the reference logistic lead time in the trade, and to execute the orders, apart from a case of force majeure.

To this end, force majeure covers any events that the Law and Courts recognise as such, as well as any events contractually associated with, and which the buyer acknowledges and accepts, a case of force majeure, including: fire, any disruption to work experienced at ECO-COMPTEUR or one of its suppliers or subcontractors, lock-out, flood, epidemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, act of state, theft of all or part of the equipment, extreme cold, shortage of raw material or component, failure to execute or defective or late execution of an ECO-COMPTEUR supplier, accident involving machinery, fuel shortage or power outage, disruption or delay in transportation, damage in transit, telecommunications or internet failures, temporary decommissioning of machinery or tools required for the execution of orders within ECO-COMPTEUR’s premises, their suppliers or subcontractors, as well as in the case of any circumstance or event beyond ECO-COMPTEUR’s control taking place after conclusion of the contract and preventing performance of the contract under normal conditions by ECO-COMPTEUR.

ECO-COMPTEUR must inform the buyer in a timely manner of the occurrence of one of the events listed above and must attempt to remedy its effects as soon as possible.

However, if ECO-COMPTEUR deems that the performance of an order appears to be permanently jeopardised as a result of the above-mentioned events, ECO-COMPTEUR will be entitled to cancel said order without incurring liability.

 

3. 3. PAYMENT OF INVOICES

 

Except otherwise specified, invoices must be paid by bank transfer within a maximum period of 30 days following the invoice date. Compliance with this deadline shall involve allowing sufficient time for transfer of funds in accordance with this method of payment. Bank transfer fees will be paid for by the buyer. Any payment made after the due date shown on the invoice and one resulting from these general terms and conditions shall, without prior notice, incur late penalties, as of the due date, calculated on the basis of 3 times the legal interest rate from the day following the payment date as determined according to the aforementioned period and up to the date of effective payment, as well as a fixed charge towards debt collection costs of 40 euros for each invoice which is paid late in accordance with article L 441-6 of the French Commercial Code. If the actual debt collection costs incurred are higher, an additional sum may be claimed upon presentation of proof.

ECO-COMPTEUR may also, if the buyer fails to pay, terminate the contract under the conditions of article 9 below. ECO-COMPTEUR may, as it sees fit, consider these orders suspended or cancelled until complete payment of the debts by the buyer.

Under no circumstances may payments be suspended or be subject to any set-off whatsoever without the prior written agreement of ECO-COMPTEUR.

Any drop in the buyer’s credit can justify the request for a security or immediate payment prior to the execution of the orders received.

Similarly, ECO-COMPTEUR retains the right, in accordance with the risks incurred, to set a cap on the outstanding liabilities of the buyers at any moment. This shall be the case where a change in management or in the status of the company takes place or where a sale or a lease, mortgage or transfer of the business is likely to have an adverse effect on the creditworthiness of the buyer.

 

4. 4. DISPUTES OVER INVOICES

 

Any invoice remaining undisputed after a period of 6 months following its issue is considered as definitively accepted and will not give rise to any claims for reimbursement or compensation.

 

5. 5. RESERVATION OF OWNERSHIP CLAUSE

 

TRANSFER OF OWNERSHIP OF ECO-COMPTEUR PRODUCTS IS SUBJECT TO EFFECTIVE PAYMENT IN FULL, INCLUDING EXTRA COSTS, ON THE DUE DATE BY THE BUYER.

Should the payment not be made within the contractual period, or be incomplete, ECO-COMPTEUR retains the right to claim back the delivered products.

In the event of a claim, the products found will be deemed the last invoiced and will thus be claimed back to the amount of outstanding invoices.

Notwithstanding the date of transfer of ownership, the transfer of risks of loss and damage of products will be done upon delivery and receipt of the products by the buyer. Therefore, they must ensure the preservation of said products and cover them sufficiently against all risks of loss, destruction and theft. As of now, the buyer transfers to ECO-COMPTEUR all relevant liabilities to its insurance company and the insurance payment, legally acquired by ECO-COMPTEUR, will be deducted from the fraction of the outstanding price.

The buyer will remain bound to the payment of the full price to ECO-COMPTEUR.

 

6. 6. INTELLECTUAL PROPERTY RIGHTS

 

The buyer has no intellectual or industrial property rights (trademarks, models, templates, copyright, etc.) over ECO-COMPTEUR’s products, hardware, advertising documents, presentation documents and product packaging.

ECO-COMPTEUR retains exclusive ownership of these rights.

Software or immaterial elements incorporated into ECO-COMPTEUR’s products are not transferred to the buyer and remain sole property of ECO-COMPTEUR, which the buyer hereby acknowledges and accepts. The same applies to any distinctive sign (trademark, logo, etc.) replicated on hardware sold by ECO-COMPTEUR.

Unless otherwise specified in the license agreement provided with a software product, ECO-COMPTEUR solely grants the buyer, in compensation for payment of the price, for such software elements, a personal, non-exclusive licence, valid over the service life of the associated products, strictly limited to the purposes and needs of this use, and not transferable, except to the potential dealer of said products. The buyer is solely authorised to install the software as an executable version, use it for the purposes for which it is designed and to reproduce the documentation provided by ECO-COMPTEUR. The buyer has no access right to the software’s source code.

Therefore, the buyer will refrain from permanently or temporarily replicating said software products, either in part or in full, by any means and form whatsoever, using them for any other purposes than those for which they are initially designed, forwarding them to a third party for any reason whatsoever, decompiling, disassembling or performing any reverse engineering operation, translating, adapting, arranging or amending the software products, exporting them, merging them with others, correcting any errors, without prejudice to the provisions of article L122-6-1 of the Intellectual Property Code, III and IV.

 

7. 7. BUSINESS REFERENCES

 

ECO-COMPTEUR may take advantage, as a business reference, in its advertisements, brochures, posters, pamphlets, commercial documents, leaflets, miscellaneous publications and any promotional materials, as well as during trade shows and conferences, of the products delivered to the buyer.

The buyer authorises ECO-COMPTEUR to mention their name as well as to replicate their logo on said media, for the sole purposes provided for under this article.

8. 8. WARRANTY

 

Any visible defect is covered by the buyer’s unreserved acceptance of ECO-COMPTEUR’s products pursuant to article 2 above.

ECO-COMPTEUR warrants the delivered products against any non-visible material, component or manufacturing defect for a period of two years from their delivery to the buyer, pursuant to articles 1641 et seq. of the French Civil Code.

As such, should the buyer notice any defect on the product during the warranty period, the buyer must notify ECO-COMPTEUR immediately by registered letter with confirmation of receipt in order to verify that the problem is not due to improper installation. As the case may be and at its discretion, ECO-COMPTEUR can dispatch a member of its staff on site to verify that the product is installed according to specifications. Should the buyer deny ECO-COMPTEUR access to the product in situ, ECO-COMPTEUR may refuse warranty thereof.

Should the product be found to be defective following this first verification and according to standard conditions of use, owing to material, component and manufacturing defects, ECO-COMPTEUR may, at its sole initiative, either repair or replace the product in keeping with the conditions listed below.

Repaired parts or the replacement product will be covered by a new two-year warranty.

ECO-COMPTEUR’s warranty does not cover failures resulting from, in particular:

• An installation that does not comply with the instructions stated in the product installation guide (e.g. exposure to direct sunlight for the pyroelectric model),
• A disaster (fire, water damage, lightning, storm, etc.), vandalism, damage caused by an animal or misuse of the product,
• Damage to a product owing to the passage of a vehicle or machinery if the product or its installation has not been designed for this purpose.
• A change to the product or operation on the product performed by any person not authorised by ECO-COMPTEUR,
• Improper product maintenance.

ECO-COMPTEUR’s warranty is limited to the repair and replacement of the defective product. ECO-COMPTEUR will therefore not be held liable and will accept no claims for damages in the event of loss of data or fake data resulting or not from a product malfunction, material or immaterial damages caused directly or indirectly by the product to a user, personnel using the product or more broadly the general public.

 

9. AFTER-SALES SERVICE

 

ECO-COMPTEUR provides the buyer with a separate after-sales service for the repair of products with defects that do not fall under the legal conformity and hidden defects warranties.

In this case, the buyer can send the product in question to ECO-COMPTEUR‘s head office, that will analyse the product and issue an estimate to the buyer for the repair service for the product in question, subject to the technical feasibility of the repair.

The repair service falls under an express agreement between ECO-COMPTEUR and the buyer.

Unless otherwise agreed between the buyer and ECO-COMPTEUR, shipping costs are borne by the buyer and return costs are borne by ECO-COMPTEUR.

Unless otherwise specified on the estimate, ECO-COMPTEUR will make its best endeavours to repair the product within eight business days from the receipt by ECO-COMPTEUR of the estimate signed by the buyer.

 

10. TERMINATION

 

ECO-COMPTEUR has an ipso jure unilateral power to terminate the contract in the event of the buyer’s failure to execute their payment obligation of the sums owed on their due date, pursuant to the invoices issued to it.

Termination will be effective 30 calendar days following formal notice issued to the buyer, subject to the latter’s failure to fully settle the payment within the period.

Said formal notice is issued by registered letter with confirmation of receipt mentioning this article.

This termination power is without prejudice to the application of the reservation of ownership clause set out in article 5 above.

Furthermore, in the event of execution of the unilateral termination power under the terms set forth in this article and by way of compensation, ECO-COMPTEUR is entitled to retain the sums already settled by the buyer.

 

11. PERSONAL DATA PROTECTION

 

11.1 General provisions 

As part of their contractual relations, ECO-COMPTEUR and the buyer agree to comply with the currently applicable regulations regarding personal data, and in particular regulation EU 2016/679 regarding the protection of natural people with respect to processing personal data and free circulation of such data, applicable as of 25 May 2018 (hereinafter referred to as ‘GDPR’) as well as the currently applicable national law.

ECO-COMPTEUR adheres to the principles governing the processing of personal data under article 5.1 of the GDPR:

• Processing data legally, faithfully and transparently
• Collecting and processing data based on well-established, clear and legitimate purposes, any subsequent processing of data collected must not be incompatible with these purposes
• Adhering to the minimising principle (suitable, relevant data and restricted to what is necessary for the execution of the contract for which the data is processed)
• Ensuring the accuracy of the data and, if necessary, updates
• Guaranteeing a limited storage period with respect to the purpose of the processing operation
• Guaranteeing appropriate security for personal data.

11.2 Collected data

During the conclusion of a product sale contract, ECO-COMPTEUR collects personal data for these contracts from the buyer’s workforces:

• Identification data: first name, last name.
• Data related to professional life: roles, professional postal address, telephone number, email.

11.3 Legal basis for data processing

Data processing is based on:

• article 6.1.a of the GDPR (consent of the person concerned) and/or
• article 6.1.b of the GDPR (contract execution) and/or
• article 6.1.c of the GDPR (legal obligation) and/or
• article 6.1.f of the GDPR (legitimate interests of ECO-COMPTEUR).

11.4 Data processing purposes

Data processing is performed for the following purposes:

• Proper execution of the contract
• Customer management
• Commercial prospection and associated actions
• Management of outstanding payments and disputes
• Legal and regulatory obligations

11.5 Data storage period

For each of the following data processing purposes, collected personal data is stored by ECO-COMPTEUR as follows:

• Execution of the contract: contract period
• Customer management: contract period
• Commercial prospection and associated actions: 3 years from the end of the business relation
• Legal and regulatory obligations: 10 years

11.6 Data sharing

Processed personal data can be shared in the following cases:

• If ECO-COMPTEUR is involved in a merger, buy-out, transfer of control, transfer of assets, or collective proceedings, it may have to transfer or share all or part of its assets, including personal data
• If legally required, ECO-COMPTEUR can transfer data to address claims filed against it and comply with the administrative and/or legal proceedings.

11.7 Safety measures

ECO-COMPTEUR implements organisational, technical, software-based and physical measures in terms of digital safety to protect personal data against alterations, destruction and unauthorised access.

11.8 Terms of exercise of rights of persons concerned

Pursuant to current regulations regarding personal data protection, natural persons concerned have a right to access, modify and delete their personal data. They can at any time object to the circulation of the data provided, free of charge and without providing any reason. To exercise this right, the natural person can contact ECO-COMPTEUR at the following address:

Société ECO-COMPTEUR

4 Rue Charles Bourseul – 22 300 LANNION

 

12. APPLICABLE LAW AND JURISDICTION

 

These conditions are subject to French law.

The parties shall seek an amicable agreement before any litigation action.

WHERE NO AMICABLE AGREEMENT IS FOUND, THE SETTLEMENT OF DISPUTES SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF SAINT BRIEUC, FRANCE, INCLUDING IN RELATION TO SUMMARY PROCEEDINGS, INCIDENTAL CLAIM, IMPLEADER OR MORE THAN ONE DEFENDANT.