4 - Product availability

This clause does not apply to orders for Services prior to the supply of the Products, which automatically imply a lead time for the Order and appropriate availability of the Products, which will be indicated to the Customer before the Order is validated.

If the Products are ordered as is, or on the basis of an existing Product, AECOTEX GROUP SLU shall inform the Customer of the availability of the Products prior to the Order, and in particular whether the Product is in stock, in the process of being restocked or currently unavailable (for example in the event of a shortage of raw materials or accessories).

In the event of unavailability not foreseen prior to the Order, AECOTEX GROUP SLU shall inform the Customer of the replenishment period. If this period is longer than fifteen (15) calendar days, the Customer shall have the option of modifying the Order or cancelling it and obtaining a refund for the unavailable Products by the means of payment used at the time of the Order. This refund will be made within fourteen (14) days of the Customer's choice being taken into account.

5- Services

A - General information

AECOTEX GROUP SLU can create personalised designs at the Customer's request, without using the configurator. 

All Custom Design Orders are subject to prior validation by AECOTEX GROUP, and may be the subject of an estimate adapted to the content of the order.

If the order is accepted, AECOTEX GROUP SLU undertakes to perform the Services and supply the Deliverables, in accordance with these Terms and Conditions and under an obligation of means.

AECOTEX GROUP SLU may make its recommendations to the Customer and refuse to carry out any request from the Customer that it does not consider relevant to the purpose of the Service, without this constituting a breach of contract. This may, in particular, take the form of an Order cancellation with, where applicable, a refund of sums paid in advance for Services not performed.

B - Deliverables

The list of Deliverables expected as part of the Services shall be specified in the Order or by any other means expressing the written agreement of the Parties.

The Deliverables are considered validated by the Customer if no reservations are made within two (2) working days of their delivery. In the event of a reservation, the Parties will agree, where appropriate, on the corrections to be made.

B bis - Revisions, proofreading and validation

In the case of personalised design services, AECOTEX GROUP SLU may send the Customer one or more graphic proposals together with a print proof for validation.

Unless expressly stipulated otherwise in the quotation or in any associated commercial document, the service includes up to two (2) minor revision cycles, This includes adjustments to the colour, text, placement or size of logos or graphic elements.

Beyond two (2) revision cycles, or in the event of a request from the Customer involving a substantial modification of the initial project, a redesign, a new graphic orientation, or an intervention outside the initially validated specifications, AECOTEX GROUP SLU may invoice for any additional intervention.

The Customer undertakes to check each proof sent with the utmost care, particularly with regard to text, spelling, names, numbers, sizes, logos, colours, placement and distribution.

The Customer's validation of the proof constitutes final agreement on the elements thus validated and authorises AECOTEX GROUP SLU to continue with the rest of the production process.

No modification may be demanded after final validation of the proof of concept, except with the express written agreement of AECOTEX GROUP SLU, which then reserves the right to invoice for any additional work.

B ter - Print test

When AECOTEX GROUP SLU deems it necessary, or when the process agreed between the Parties so provides, a test print may be carried out before the definitive launch into production.

The main purpose of the print test is to check the colour rendition and not to reopen the entire graphic work already validated by the Customer at the proof stage.

The Customer undertakes to check the print test sent and to confirm its validation as soon as possible.

Once the printing test has been validated by the Customer, the Order shall be considered ready for its definitive launch into production, and no further changes may be requested, except with the express written consent of AECOTEX GROUP SLU.

C - Supply of elements by the Customer

The performance of the Services may be subject to the provision of elements and/or information by the Customer, to be included in the Deliverables.

Any delay or failure to provide these elements and information may make it impossible to perform the Services, but the latter shall remain payable in full, and the Parties may agree on the best way to resolve the problem. AECOTEX GROUP SLU shall not be held liable in this respect. Any additional Service, not initially provided for and necessary to correct the problem, shall be invoiced additionally to the Customer.

D - Subcontracting

It is agreed that AECOTEX GROUP SLU shall be free to call upon a subcontractor to perform the Services. 

AECOTEX GROUP SLU shall remain responsible for the performance of the subcontracted Services. 

6 - Delivery

A - Delivery terms

Delivery terms will be indicated on the Site and when the Order is placed.

The applicable delivery times will also be indicated.

Delivery shall be made, according to the Customer's choice, by one of the delivery service providers specified on the Site. If the Customer is offered the choice of a delivery service provider, AECOTEX GROUP SLU will make its best efforts to use that service provider, without being bound to do so.

B - Delivery costs

Delivery costs will be indicated before the Customer pays for an Order, and will be invoiced in addition to the price of the Products. Delivery costs are calculated on the basis of the order (quantity of Product, volumetric weight) and are assessed on a case-by-case basis in the Quotation or Order Form (depending on the type of transport chosen - express, normal, road, air, etc.).

C - Place of delivery

Orders can be dispatched anywhere in the world.

Delivery will be made to the place indicated by the Customer at the time of the Order, who must ensure that he/she has not made any errors in entering his/her place of delivery.

D - Customs

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such cases AECOTEX GROUP SLU may be materially unable to provide him with accurate information on the total amount of the charges relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested. 

Any tax not indicated during the Order process may be charged to the Customer by the country concerned, in accordance with the legislation applicable in the Customer's country.

AECOTEX GROUP SLU shall not be liable for any blocking or seizure by the customs authorities of the country to which the Product is to be delivered.

E - Delivery times

AECOTEX GROUP SLU shall use its best endeavours to deliver the Products within the time indicated in the Order, but the time depends on the transport provider and the order in which the order arrives. 

The Customer shall be notified by AECOTEX GROUP SLU of the dispatch date. It is the Customer's responsibility to ensure that the Order can be received by the Customer or any person present at the Customer's delivery address.

This delivery time indicated on acceptance of the order may vary according to the logistical time frame of reference in the profession, and in the event of force majeure, or in the event of circumstances beyond the control of AECOTEX GROUP SLU, such as strikes, frost, fire, storms, floods, epidemics, supply difficulties, without this list being exhaustive.

Exceeding delivery deadlines may not give rise to late penalties, damages, withholding or cancellation of the order by the Customer. AECOTEX GROUP SLU may not be held liable in this respect.

F - Transfer of ownership and risks

Ownership of the Products shall be transferred by AECOTEX GROUP SLU to the Customer upon full payment for the Products by the Customer. In this respect, if the Customer is the subject of receivership or liquidation proceedings, AECOTEX GROUP SLU reserves the right to claim, as part of the receivership proceedings, the Products sold and remaining unpaid.

Delivery may be made to the Customer or to any person present at the address indicated at the time of delivery.

Any risk of loss, theft or damage to the Product(s) is transferred to the Customer when the parcel containing the Products is sent by AECOTEX GROUP SLU. The Customer therefore bears the transport risks of the Products. 

G - Refusal of parcels

The Customer or the person receiving the Order may refuse a parcel at the time of delivery if they notice any anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged parcel, damaged Product, etc.).

Any anomaly must then be indicated on the delivery slip, in the form of handwritten reservations, accompanied by the signature of the Customer or the person receiving the Order. 

In order to exercise its right of refusal, the Customer or the person receiving the Order shall open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. The Customer may also send any reservations to AECOTEX GROUP SLU within three (3) days of delivery. 

The Products making up the Order may not be used until the Order has been returned.

Any reservations must include the following information: the order number, the item reference, the colour and the quantities, accompanied by photos showing the defects.

On the basis of the elements sent, AECOTEX GROUP SLU shall proceed to verify the defects and may then give a return authorisation for the Products that AECOTEX GROUP SLU recognises as defective. These Products may be returned. Other Products may not be returned.

Any damaged Product with a return authorisation must be returned to AECOTEX GROUP SLU within eight (8) days from the date of the return authorisation. Failing this, no returns will be accepted.

If the Customer fails to comply with these requirements, it will not be able to exercise its right of refusal, and AECOTEX GROUP SLU will not be obliged to comply with the Customer's request to exercise its right of refusal.

If the Customer's parcel is returned to AECOTEX GROUP SLU, AECOTEX GROUP SLU shall contact the Customer upon receipt of the returned parcel to ask the Customer what action to take on the Order. 

If AECOTEX GROUP SLU or the person receiving the Order has mistakenly refused the parcel, it may request that it be returned, subject to prior payment of the postal charges for the new shipment. The postal charges shall be paid by the Customer.

H - Returning parcels

In the event of a parcel being returned to AECOTEX GROUP SLU for any reason whatsoever through the fault of the Customer (in particular in the event of an incomplete delivery address, failure to collect the parcel, a missing note on the letterbox, etc.), the reshipment of the Products shall be conditional upon payment by the Customer of the relevant new delivery charges. 

The Products shall not be returned until AECOTEX GROUP SLU has received full payment of the new delivery charges.

I - Loss by the carrier

AECOTEX GROUP SLU shall not be held liable for any indirect or immaterial damage or loss, whatever the cause, arising from the loss of or damage to the Customer's shipment by the carrier, nor for any direct or indirect financial consequences resulting therefrom.

7 - Warranty

The Products marketed by AECOTEX GROUP SLU are subject to the legal guarantees set out in articles 1641 to 1649 of the Civil Code (guarantee against hidden defects).

In order to apply these guarantees, the Customer must notify AECOTEX GROUP SLU of the defects in the Product, including a detailed explanation of the problem encountered.

If the complaint relates to a latent defect, the Customer may, at his or her discretion :

• Or be delivered a Product of equivalent quality and price.

• Or be reimbursed for the price of the Product Ordered within fourteen (14) days of confirmation of the defect by AECOTEX GROUP SLU.

The Customer has a period of two (2) years from the date of the Order to make use of this guarantee.

This warranty is also excluded if the Product has been used by the Customer prior to the warranty claim.

The cost of delivery of a new Product shall be borne by AECOTEX GROUP SLU.

In the event of the guarantee being invoked, the Customer must contact customer services at the e-mail address given in these GTCS.

AECOTEX GROUP SLU will then inform the Customer of the procedure to be followed for the return and, where appropriate, refund of the Product.

8 - Controls

A - Ordering mode

The Customer may place an Order for Products on the Site or by any other means offered by AECOTEX GROUP SLU. 

Before placing their first Order on the Site, Customers must create an Account.

B - Order stage

The steps involved in placing an Order on the Site are as follows:

• If Products are ordered via the configurator :

  • Creation of an Account by the Customer in the case of a first Order or connection to his/her Account if it already exists; ;

  • Choosing the Products the Customer wishes to Order and placing them in the shopping basket;

  • Validate your basket by clicking on the validation button;

  • Provision of Customer identification and Product delivery information ;

  • Choice of delivery methods ;

  • Choice of payment method for the Order and provision of billing information;

  • A summary of the Order (items, price, delivery method, payment method) is displayed for final validation;

  • Acknowledgement and validation of the GTS by the Customer;

  • Validation of the Order, including a statement that the Order implies an obligation to pay;

  • Upon receipt of the Customer's payment, AECOTEX GROUP SLU shall send the Customer an Order confirmation e-mail, listing the entire Order and specifying the terms of delivery.

• If you order Services without using the configurator :

  • Creation of an Account by the Customer in the case of a first Order or connection to his/her Account if it already exists; ;

  • Choice of Products that the Customer wishes to personalise ;

  • Provision of a description of the Deliverables that the Customer wishes AECOTEX GROUP SLU to produce.

  • Send a request for a quote ;

  • Response from AECOTEX GROUP SLU, which may request further information, refuse the Order or validate the Order;

  • Once the Deliverables have been agreed, AECOTEX GROUP will send a quotation to the Customer, who may validate it on the Site.

  • Validate the quote by clicking on the validation button;

  • Provision of Customer identification and Product delivery information ;

  • Choice of delivery methods ;

  • Choice of payment method for the Order and provision of billing information;

  • A summary of the Order (items, price, delivery method, payment method) is displayed for final validation;

  • Acknowledgement and validation of the GTS by the Customer;

  • Validation of the Order, including a statement that the Order implies an obligation to pay;

  • AECOTEX GROUP SLU shall send the Customer an Order confirmation e-mail, upon receipt of the Customer's payment, setting out the whole of the Order and specifying the conditions of supply of the Deliverables and of delivery.

The Order shall be constituted upon receipt of the Customer's payment by AECOTEX GROUP SLU. 

The details and information provided by the Customer must be up-to-date and accurate. If this is not the case, AECOTEX GROUP SLU may not be held liable in the event of delivery difficulties or errors on the part of the Customer.

C - Order error

AECOTEX GROUP SLU shall in no event be liable for any error in the choice of Product, Deliverables, data entry errors made by the Customer when placing the Order (in particular the address), or any other information provided that is erroneous, nor for any consequences thereof, in particular delays or errors in delivery. In such cases, if AECOTEX GROUP SLU accepts, on a strictly commercial basis, a reshipment, the costs incurred by any such reshipment shall be borne by the Customer.

D - Refusal of the Order

AECOTEX GROUP SLU reserves the right to refuse any Order for legitimate reasons, in particular in the event of payment problems, delivery problems due to the Customer providing incomplete and/or inaccurate information, Orders that are abnormally high in relation to Orders usually placed by the Customer or Orders placed in bad faith.

E - Archiving

AECOTEX GROUP SLU shall archive Order forms and invoices on a reliable and durable medium constituting a true copy. Computerised registers shall be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.

9 - Clauses applicable to Consumer Customers

The clauses of this Article apply only to Customers who are considered to be consumers under the applicable law.

A - Conformity guarantee

If the Customer is a consumer, the guarantee of conformity under Articles L217-3 et seq. of the French Consumer Code applies in addition to the guarantee against hidden defects.

B - Withdrawal

In accordance with Article L221-28 of the French Consumer Code, the Consumer Customer has no right of withdrawal, insofar as the Products are goods made to the consumer's specifications or clearly personalised.

C - Mediation

In accordance with the provisions of articles L612-1 et seq. of the French Consumer Code, the Customer, as a consumer, has the possibility, in the event of a dispute with AECOTEX GROUP SLU, to have recourse free of charge to the following mediation service https://consumer-redress.ec.europa.eu/dispute-resolution-bodiesif no response has been received from the AECOTEX GROUP SLU customer service department within a reasonable period of one (1) month.

The Customer, as a consumer, remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.

10 - Prices and payment terms

A - Prices

Unless otherwise stated in writing, the prices shown on the Site's pages may be understood to be in euros exclusive of tax (excluding VAT), to which the VAT applicable on the date of the Order will be added, or inclusive of all taxes (including VAT), to which the VAT applicable on the date of the Order will be added and excluding any contribution to processing, dispatch and transport costs.

For information purposes, and insofar as AECOTEX GROUP SLU is an entity registered in Andorra :

Two VAT regimes may apply:

• One Stop Shop (OSS) for domestic sales from the EU to the EU

• Import One Stop Shop (IOSS) for imports from all countries outside the EU into the EU

Here's how VAT is applied if the Order is processed in the EU and the delivery address is in the EU: 

If the Customer is not registered as a VAT payer (B2C), the VAT rate of the destination country is applied. 

If the Customer is registered as a VAT payer (B2B) in an EU country, VAT is charged at 0 % (reverse charge).

Here is how VAT is applied if the Order is placed from a country outside the EU and the delivery address is within the EU: 

If the Customer is registered for VAT and the price of the products in the order exceeds €150, VAT will be charged at 0 %. 

If the price is below this threshold, the VAT rate of the destination country applies. 

If the Customer is registered as a VAT payer in any country, VAT is charged at 0 % (reverse charge).

The price indicated on the Site does not include delivery charges, which are payable by the Customer in addition to the price.

In the event of special requests by the Customer concerning, for example, the packaging conditions or the transport of the Products ordered, duly accepted in writing by AECOTEX GROUP SLU, the costs generated by these services shall be subject to specific additional invoicing, in accordance with special conditions.

AECOTEX GROUP SLU reserves the right to pass on any change in the VAT rate.

AECOTEX GROUP SLU also reserves the right to modify its prices at any time. Nevertheless, the price indicated on the day of the Order shall be the only price applicable to the Customer.

The price is net and without discount. The prices quoted include any discounts and rebates that AECOTEX GROUP SLU may grant on the basis of its results or the assumption by the Customer of certain services.

B - Payment

The Customer may pay by credit card, Paypal or bank transfer. The Customer guarantees AECOTEX GROUP SLU that he/she is the holder of the means of payment used to pay for the Order and that he/she has sufficient funds to cover payment of the Order in full.

Unless AECOTEX GROUP SLU specifically agrees otherwise, the Order shall not be deemed to have been placed until payment has been received in full by AECOTEX GROUP SLU.

Payment will be debited when the Customer confirms the Order.

In the event of AECOTEX GROUP SLU being unable, for any reason whatsoever, to debit or collect the sums due in settlement of the Order, the Order may be cancelled, without prejudice to any damages that AECOTEX GROUP SLU may claim as compensation for its loss.

Credit card payments are made using secure transactions provided by a state-of-the-art payment service provider (Stripe).

AECOTEX GROUP SLU does not have access to any data relating to the Customer's means of payment, with the exception of the last digits of the Customer's bank card. Payment is made directly to the bank or payment service provider receiving the Customer's payment. 

C - Late payment

Any late payment may give rise to the application of late payment penalties, payable by operation of law from the first day following the payment date shown on the invoice, without the need for any prior formal notice.

The rate of these penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten (10) percentage points, without being less than three (3) times the legal interest rate.

A fixed penalty of forty (40) euros for collection costs will also be payable for each invoice paid late.

Where the recovery costs incurred exceed the amount of this fixed compensation, AECOTEX GROUP SLU reserves the right to request additional compensation on justification.

In the event of a payment incident, AECOTEX GROUP SLU reserves the right to suspend or cancel any Order in progress, without prejudice to any other course of action or claim for compensation.

11 - Customer service

Customer Service can be contacted by e-mail at the following address: contact@sublisport.fr or by using the contact form or chatbox on the Site.

12 - Liability

A - General information

AECOTEX GROUP SLU shall not be held liable for any direct or indirect damage resulting from a Customer's or third party's visit to the Site, or from the use or inability to use the Site.

This limitation of liability concerns any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of opportunity. 

AECOTEX GROUP SLU shall also not be liable for any damage caused by malicious software, viruses or any inaccuracy or omission of information on the Site, unless the damage results from a deliberate act or gross negligence on the part of AECOTEX GROUP SLU. 

B - Sale of Products and provision of Services

AECOTEX GROUP SLU shall only be liable for direct damage caused to the Customer in connection with the present contract.

Under no circumstances may AECOTEX GROUP SLU be held liable for any indirect damage caused to the Customer in this respect.

This limitation of liability concerns any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of opportunity. 

It should also be noted that AECOTEX GROUP SLU shall only be liable within the limits set out in the Contract, to the exclusion of any other liability.

The sole obligation of AECOTEX GROUP SLU is to provide a Product and Deliverables in accordance with the specifications indicated on the Site and at the time of the Order, to the exclusion of any other, which the Customer accepts.

In all cases, and for whatever reason and unless the legislation in force prohibits such a limitation, the liability of AECOTEX GROUP SLU, in the event of damage suffered as a result of an Order, shall not exceed the value of the said Order.

13 - Site and Account

A - Site

The Site is freely accessible to all Customers. 

Each Customer may create only one Account on the Site.

Access to the Site may be restricted at any time to enable the Site to be maintained, repaired or updated.

AECOTEX GROUP SLU does not undertake any obligation of quality of service for its Site, and will make its best efforts to ensure that it is accessible.

AECOTEX GROUP SLU ensures the secure use of the Site. However, given the nature of the Internet, AECOTEX GROUP SLU cannot guarantee absolute security of the Site and is only bound by an obligation of means.

B - Site content

The content appearing on the Site has been prepared by AECOTEX GROUP SLU or its partners.

These are for information purposes only and do not bind AECOTEX GROUP SLU in any way whatsoever.

AECOTEX GROUP SLU shall not be liable in any way whatsoever if the Customer takes any action on the basis of the contents appearing on the Site. 

C - Login and password

The Customer will create an Account by choosing a username (email address) and a password.

The Customer shall also provide the information necessary for the proper performance of its obligations by AECOTEX GROUP SLU.

This Account will be used by the Customer to access his/her account on the Site and process Orders.

The Customer is responsible for providing a strong and sufficiently complex password. AECOTEX GROUP SLU shall not be liable in the event of access to the Account by a third party through a brute force attack. 

D - Use of the Account

The Customer is responsible for the security and use of his/her account identifier and password. In particular, the Customer must ensure that they are used in accordance with these GTC.

AECOTEX GROUP SLU shall not be liable for any unauthorised use of the Account by a third party, and shall not be liable for any damage caused by such use.

If the Customer becomes aware that his Account has been compromised or is being used without authorisation, or of any other security breach relating to his Account, he must inform AECOTEX GROUP SLU as soon as possible.

AECOTEX GROUP SLU shall not be liable if it is impossible for the Customer to access the Site.

AECOTEX GROUP SLU may, however, at any time close and delete the Account without notice to the Customer, in the event of a breach of the provisions of these GTC, without any compensation being claimed by the Customer. AECOTEX GROUP SLU shall not be held liable in this respect. However, AECOTEX GROUP SLU shall be entitled to hold the Customer liable and to claim damages in this respect if the Customer has failed to comply with these GTC.

E - Safety

The Customer undertakes not to act in any of the following ways, without this list being exhaustive:

• Act in a way that could compromise the operation of the Site,

• Attempt to access a third party's Account,

• Attempt to access AECOTEX GROUP SLU servers (other than for normal use of the Site) or computers on the AECOTEX GROUP SLU network,

• Attempt to upload viruses, Trojan horses or any other invasive or illegal programmes to the Site or its servers,

• Extract data from the Site without prior written authorisation from AECOTEX GROUP SLU,

• Use the Site in an illegal manner or in breach of these GTC or any applicable law.

F - Account details

The Customer undertakes to provide real information on his Account, which will be used by AECOTEX GROUP SLU to fulfil its contractual obligations.

In accordance with the Article «Personal Data», the Customer may also request the deletion of his/her Account or directly via his/her Account, in accordance with his/her right of access and rectification under the RGPD. In this case, the Customer's Data will be deleted by AECOTEX GROUP SLU.

14 - Intellectual property

A - General information

The texts, images, domain names, trademarks, designs, models, patents, software and databases used on the Site, as well as the Products, are :

• the property of AECOTEX GROUP SLU, or ;

• where applicable, the property of a third party that has provided AECOTEX GROUP SLU with a licence for use.

This includes the configurator and the elements proposed within it.

These elements are protected worldwide.

These GCS do not grant any intellectual property rights to the Customer, who may not reproduce any of the elements of the Site, in whole or in part, without the prior written consent of AECOTEX GROUP SLU.

Any partial or total reproduction of these elements may constitute an infringement. AECOTEX GROUP SLU reserves the right to take any action that may be necessary to assert its rights and compensate for any damage.

B - Intellectual property on items supplied by the Customer

If the Customer provides AECOTEX GROUP SLU with elements (texts, visuals, media, logos, illustrations, content generated by artificial intelligence, or any other element) to be incorporated into the Deliverables or Products, such elements shall belong to the Customer or their assignees, and the Customer guarantees that it has all the intellectual property rights, exploitation rights, authorisations and licences necessary to permit their use by AECOTEX GROUP SLU in the performance of the Order.

The Customer authorises AECOTEX GROUP SLU to use these elements exclusively to produce the Deliverables and Products ordered, as well as, where applicable, for the technical needs associated with their processing, adaptation, integration, reproduction and manufacture.

If a third party takes action against AECOTEX GROUP SLU on the basis of an infringement of its rights, in particular on the basis of counterfeiting, unfair competition, parasitism, image rights or any infringement of a private right, the Customer shall bear the costs of defence and proceedings, whether amicable or judicial, as well as any sentence, damages, compensation, costs or expenses that may be imposed on AECOTEX GROUP SLU as a result of the elements provided by the Customer. AECOTEX GROUP SLU shall remain free to conduct its defence and to choose its counsel.

C - Intellectual property in the case of personalised designs

In the event of the creation of customised designs, Deliverables or specific visuals for the Customer, AECOTEX GROUP SLU grants the Customer a right to use the configured Products and validated Deliverables for the sole purpose of exploiting, using, communicating about and, where applicable, reselling the Products concerned.

This right of use is personal, non-exclusive, non-transferable, valid throughout the world and for as long as the Deliverables are protected by intellectual property law.

No other rights are transferred to the Customer, in particular no rights over the source files, no autonomous right of modification, no right of independent re-use of the Deliverables outside the framework of the Products concerned, except with the express written agreement of AECOTEX GROUP SLU.

AECOTEX GROUP SLU retains all rights to its methods, processes, templates, structures, graphic libraries, know-how, technical elements and, more generally, to any pre-existing element or element not specifically created for the Customer alone.

Unless the Customer objects in writing, AECOTEX GROUP SLU may use the work carried out as a commercial reference, portfolio, catalogue or institutional communication, provided that it does not divulge confidential information.

15- Personal Data

The collection and processing of Personal Data is governed by the Privacy Policy, which can be accessed at the following address: www.sublisport.fr/politique-de-confidentialite/

16- General information

A - The entire agreement

These GCS shall prevail over any other stipulation potentially applicable to the relationship between AECOTEX GROUP SLU and the Customer. These GCS cancel and replace any previous undertaking by the Parties relating to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter hereof.

B - Exclusivity

No exclusivity is agreed between the Parties by acceptance of these GTC. The Parties remain free to contract with third parties of their choice.

C - Survival of certain stipulations

The termination of these GCS, for any reason whatsoever, shall not be deemed to be the end of the clauses whose nature or content require them to be maintained. 

D - Partial invalidity

If one or more of the stipulations of these GCS is/are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, it/they will be deemed to be unwritten. The other stipulations will retain all their force and scope.

E - Non-waiver and tolerance

The fact that AECOTEX GROUP SLU does not avail itself of a breach by the other Party of any of the obligations referred to in these GCS shall not be interpreted for the future as a waiver of the obligation in question and shall not have the effect of granting the other Party any acquired rights.

Failure or delay by AECOTEX GROUP SLU in exercising a right shall not be construed as a waiver of that right.

F - Independence

Neither Party may make any commitment in the name of and/or on behalf of the other. In addition, each of the Parties remains solely responsible for its acts, allegations, commitments, services, products and personnel.

G - Proof

The Parties agree that all electronic communications, in particular e-mail, shall constitute proof between them.

In particular, the Customer acknowledges the evidential value of AECOTEX GROUP SLU's automatic recording systems and, unless it provides proof to the contrary, waives the right to contest them in the event of litigation.

H - Force Majeure

AECOTEX GROUP SLU shall not be held liable in the event of failure to perform its obligations due to any event of force majeure.

For the purposes of these GCS, force majeure is defined as any unforeseeable, irresistible event external to the Parties within the meaning of French law and case law.

In the event of the occurrence of a case of force majeure, the latter shall have the effect of suspending the performance of the obligations of AECOTEX GROUP SLU, which shall do its utmost to limit the consequences thereof and resume performance of the GTCs as soon as the event or circumstances of force majeure disappear or cease. 

I - Applicable law and jurisdiction

The law applicable hereunder is French law, regardless of the Customer's country of origin.

The GCS are written in French, and the French version will prevail even in the event of translation into another language.

Any dispute relating to the performance or interpretation of these GCS that cannot be resolved amicably between the Parties shall be submitted to the courts of Toulouse, France, even in the event of summary proceedings, a third-party claim or multiple defendants, and regardless of the Customer's country of origin.