General Terms and Conditions for Services

EPIONEA is an “eenmanzaak” in the Netherlands. It is made of a single natural person: Pandora Marfisi. The main purpose of the Epionea agency is therefore to support the creation and development of communication strategies and tools for individual entrepreneurs and projects for companies or associations. Within the framework of this main purpose, Epionea, through Pandora Marfisi, will notably provide services and / or sell them. These general conditions of sale (GTC) do not apply to the sale of training services relating to continuing vocational training, nor to the sale of goods. These general conditions of sale and use between Pandora Marfisi and its Customers apply as of right and exclusively to any realization of the provision of services or of the online sale of the provision of services on any of its websites. These must be accepted and validated by the customer for the contract to be formed. They automatically entail express and unreserved acceptance by the customer. Pandora Marfisi may be required to adapt or modify these T & Cs at any time. The applicable GTC are those in force on the day of the order by the Customer. The provisions relating to the Consumer Code are only valid for the customer who has the quality of consumer, except contrary legal provisions.

Article 1: object

The purpose of these T & Cs is to set the conditions under which Epionea undertakes to:

  • sell a service whose content is described and can be ordered from a signed and dated quote from the buyer
  • or sell an accompanying program that is part of the "Starter-Pack" category which is delivered after payment.

The services and programs sold by Pandora Marfisi - Epionea are aimed at professionals who cannot avail themselves of the provisions of the Consumer Code, in particular the right of withdrawal.

They apply whatever the clauses appearing in the client's documents and in particular in his general purchasing conditions.

Article 2. Contractual scope

These T & Cs, as well as, where applicable, the special conditions of sale and / or the quote or the order form, express the entire agreement of the parties. They cannot therefore rely on any other document, contract or exchange prior to the validation of the order form.

When they exist for certain services, the special conditions of sale specify or supplement these GTC. In the event of a contradiction between the special conditions of sale and these GTC, the provisions of the special conditions of sale prevail.

In the event that any of the provisions of these T & Cs are declared null or unwritten by a competent court, the other provisions will remain in full force and will be interpreted so as to respect the original intention of the parties.

Pandora Marfisi may modify these T & Cs at any time. In this case each customer will be notified when confirming the order. The applicable T & Cs are those that can be viewed online on the site at the time of ordering. The customer reads them and accepts them, without reservation, by checking the box provided for this purpose before confirming their order.

Article 3. Site maintenance and external costs

Access to the site is provided on a permanent basis, subject, however, to periods of maintenance and upkeep of the site, updating of servers and any exceptional interruptions.

The equipment (computers, telephones, software, etc.) allowing access to the site and to certain other specific services developed by Pandora Marfisi not appearing on the www.epionea.com site are the exclusive responsibility of the customer, the authorized user or subscriber (if applicable), as well as the telecommunications costs inherent in their use.

Article 4. Price

The prices are indicated in euros, excluding taxes.

Pandora Marfisi - EPIONEA reserves the right to modify the price of its fees at any time without notice.

As part of a service that does not fall within the Epionea Starter-Pack:

The applicable price is that which is indicated and validated on the estimate or the order form at the time of the validation of the order, or in the case of. Whatever the amount indicated on the quote, the price of a service is calculated on the basis of fees (calculation per hour (s) worked). Pandora Marfisi reserves the right to modify the total amount of the invoice according to the adjustments which were jointly made to the initial estimate

Pandora Marfisi may grant price reductions. The reductions are mentioned on the estimate or the order form or at the time of invoicing and on the final invoice.

The price is paid according to the terms indicated on the estimate. For quotes over two thousand euros (2000 €), payment is made in two stages: when ordering, a deposit of 30% then the remaining 70% at reception, by transfer or by credit card. For quotes below two thousand euros, full payment is made when ordering.

The terms of payment can be changed and appear on the order form signed by the buyer.

The payment complies with the regulations regarding distance selling.

Late payment penalties are payable the day following the payment deadline, established on the invoice, without a reminder being necessary. The rate of these penalties is equal to three times the legal interest rate known at the time of conclusion of the contract. A lump sum compensation of 40 euros for recovery costs is due in the event of late payment.

As part of the Epionea Starter-Pack products (today: E-boost and E-logo):

The prices are indicated in euros, excluding taxes and all taxes included (VAT and other taxes applicable on the day of the order).

EPIONEA reserves the right to modify its prices at any time without notice. The applicable price is that which is indicated on the site at the time of the validation of the order.

EPIONEA can grant price reductions. The reductions are mentioned on the estimate or the order form and on the invoice.

The price of the services is paid according to the terms indicated on the site. Online payment is made, when ordering, by transfer or by credit card. The accepted bank cards are specified on each website belonging to EPIONEA.

The secure payment platform used is specified on the purchase site.

The payment complies with the regulations concerning distance selling and electronic payment. It also complies with the regulations of the accepted card networks.

Late payment penalties are payable the day following the payment deadline, without the need for a reminder. The rate of these penalties is equal to three times the legal interest rate known at the time of conclusion of the contract. A lump sum indemnity of 40 euros for collection costs is due in the event of late payment.

Article 5. Delivery

The delivery costs are the responsibility of the customer and vary according to the type of order, they are indicated during the order.

Delivery will be made according to the terms and conditions defined on the quote or order form.

Pandora Marfisi - EPIONEA authorizes itself not to deliver if the customer is not up to date with all of his obligations.

Deadlines:

Delivery times are given for information only, depending on available stocks, and without guarantee from Pandora Marfisi - EPIONEA. Delays in delivery may not, under any circumstances, give rise to the cancellation of the order, the refusal of the services ordered or the granting of penalties or damages.

Article 6. Retention of title

Principle:

Pandora Marfisi retains ownership of the services sold until effective payment of the full price in principal and accessories. The delivery of a security creating an obligation to pay (draft or other) does not constitute payment within the meaning of this clause.

Authorization to resell:

The customer is authorized, within the framework of the normal operation of his establishment, to resell the deliverables of the services which are not included in the products of the Starter-Pack Epionea. But he cannot pledge them or transfer ownership until full payment of the price.

Article 7. Order and invoice

The contractual information is given in English.

In accordance with the provisions of the Civil Code relating to the conclusion of the contract in electronic form, the sale is only validly concluded once the customer has had the opportunity to check the details of his order and its total price, to correct any possible errors, then to confirm it to express its acceptance.

As part of the services not included in the Epionea Starter-Pack:

The customer places an order by email to the address pandora@epionea.com after having read and accepted these T & Cs and possibly the special conditions of sale applicable to certain services. An invoice will then be sent to him by email within 10 days of his written agreement.

Pandora Marfisi acknowledges receipt of the order by email.

For billing purposes, the customer agrees to provide Pandora Marfisi with a valid postal address. Pandora Marfisi declines all responsibility for errors in entering the postal address.

The invoice can be downloaded, in PDF format, by email to the email address specified by the customer when ordering. Exceptionally, it can be sent in paper form at the customer's express request.

As part of the products included in the Epionea Starter-Pack (today: E-boost and E-logo):

In accordance with the provisions of the Civil Code relating to the conclusion of the contract in electronic form, the sale is only validly concluded once the customer has had the opportunity to check the details of his order and its total price, to correct any possible errors, then to confirm it to express its acceptance. The customer places an order on the site after having read and accepted these GTC and possibly the special conditions of sale applicable to certain services. It is then automatically directed to the payment platform

Pandora Marfisi acknowledges receipt of the order by email. For billing purposes, the customer agrees to provide Pandora Marfisi with a valid postal address. Pandora Marfisi disclaims all liability for errors in entering the postal address.

The invoice can be downloaded, in PDF format, from a link sent by email to the email address specified by the customer when ordering.

Article 8. Obligations of the parties

Obligations of Pandora Marfisi - EPIONEA

The services offered by Pandora Marfisi impose an obligation of means.

Pandora Marfisi undertakes in particular to provide all the adequate human resources and to provide all the care necessary for the performance of its service.

Where applicable, Pandora Marfisi intervenes at the customer's premises: they then remain under the authority and responsibility of Pandora Marfisi.

At the end of its service, Pandora Marfisi undertakes, if applicable, to deliver to the customer the deliverable good (s) mentioned in the special conditions of sale and / or the quote or the order form, taking into account the changes mentioned in written exchanges (e-mails).

The service is provided on the basis of the information and documents that the customer has sent to Pandora Marfisi in writing or during their face-to-face discussions and exchanges, telephone conversations or videoconferences. They are believed to be accurate and sincere.

In the event that Pandora Marfisi is liable, the compensation to which the customer could claim is capped at the price of the service.

Client's obligations

The customer agrees to pay the price and to respect the terms and payment dates mentioned on the site.s and / or the special conditions of sale and / or the quote or the order form.

The customer would be held liable in the event of non-compliance with his obligation to provide information, in particular if there is an omission, insufficient information, inaccuracy or error.

The client undertakes to provide Pandora Marfisi with all the means useful for carrying out the provision of services. He undertakes to indicate the persons who will be the interlocutors of Pandora Marfisi , to honor the appointments and to provide all the information and documents useful for the execution of the ordered service.

If the service requires one or more visits to its premises, the customer agrees to allow the best possible access to Pandora Marfisi.

In the event of total or partial non-performance of its obligations, Pandora Marfisi may terminate the contract as of right, five calendar days after the sending of a formal notice that has remained unsuccessful. When non-compliance with its obligations makes it impossible to perform its service, the resulting termination of the contract as of right does not give rise to any reimbursement for the benefit of the customer.

Article 9. Confidentiality, intellectual property and protection of personal data

The information transmitted by the customer to Pandora Marfisi is considered strictly confidential insofar as it has not been made public by other means. The deliverable good (s) produced by Pandora Marfisi on behalf of the customer is (are) strictly confidential.

Pandora Marfisi undertakes not to distribute it (s) without the express consent of the customer.

The entire site is covered by international legislation on intellectual property. All reproduction rights are reserved, as specified in the legal notices of the site, including for downloadable documents and iconographic and photographic representations.

Personal data is processed under the conditions indicated on the collection form. No personal information is disclosed to third parties

In some cases the data may be transmitted to third party partners, it is then the GTCs of these partners which are valid on their site.

The rights of access, modification, rectification and deletion provided for by the law of January 6, 1978 and by European regulations as of May 25, 2018 are exercised under the conditions indicated on the collection form.

Article 10. Evidentiary value of emails and faxes

Except when a specific formality is expressly imposed, the customer recognizes the validity and the probative value of the electronic mails (emails) and faxes (faxes) exchanged

with Pandora Marfisi within the framework of the execution of the contract and assigns them the same value as a postal letter.

Article 11. Archiving of contracts

Pandora Marfisi archives the contracts for a period of ten years. The customer can access the contracts to which he is a party by making a written request to the following address: pandora@epionea.com.

Article 12. Liability

Pandora Marfisi can under no circumstances be held liable when the delay, improper performance or non-performance of the contract is attributable to the customer or is linked to a case of force majeure.

Article 13. Applicable law-Competent courts

Dutch law applies to all offers and contracts.

Disputes which the parties are unable to resolve amicably will be exclusively resolved by the Amsterdam Court.

Article 14. Customer relationship

14.1 For any information, question or complaint, the customer can send an email to: pandora@epionea.com or a letter to:
Pandora Marfisi
EPIONEA
B.F. Suermanstraat 9
3515XK UTRECHT
NEDERLAND

Pandora Marfisi

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