applicable as of 1 April 2015
ARTICLE 1. LEGAL NOTICES
You are currently accessing the website www.pharmanufacturing.com published by Kleos Pharma French SARL with variable capital, RCS Paris: 513 955 005, registered office: 67 Boulevard Richard Lenoir, 75011 Paris, France, telephone: + 33 6 63 14 47 30, email: firstname.lastname@example.org, EU VAT No.: FR72 513 955 005, Publishing Director and Editor-in-Chief: Mr. Grégory Guedj.
1.2. Web hosting service
The website is hosted by the company Agence des Medias Numériques - AMEN, registered office: 12-14 Rond Point des Champs Elysées - 75008 PARIS, telephone: 0033811 88 77 66.
ARTICLE 2. DEFINITIONS
"Agent": Member paid by PharManufacturing.com for linking with other members.
“Customer”: Member seeking a laboratory for the manufacture of pharmaceuticals.
"Credit": Good whose value is indicated on the Site at the time of purchase and that the Member has to buy on the Site to participate in the auction or to buy the results of research by API. Credits are sold in packs. PharManufacturing.com reserves the possibility to credit the Members’ profiles with Credits sporadically and at discretion; its liability cannot be claimed thereby.
"Quotation": Special conditions issued by PharManufacturing.com for the order by a Member of a service.
"Data": Information and data of any kind stored on the Site and/or transmitted by the Member as part of a Service. The Member is responsible for any Data he chooses to communicate.
"Manufacturer": Member having a laboratory allowing it to manufacture pharmaceuticals.
"Internet User": any person or entity governed by private or public law, logging on to the Site.
"Member": Any person or entity, under private or public law, registered on the Site (Manufacturers, Customers, Agents and Advertisers).
"PharManufacturing.com": Kleos Pharma SARL, in its capacity as publisher of the Site.
"Service": Service rendered by PharManufacturing.com for the benefit of Members.
"Pharmaceutical Products”: Products for the improvement of health, either by allowing the administration of treatment, the establishment of a diagnosis or the preparation of drugs themselves.
"Advertiser": Member registered on the Site for purchase of advertising space.
"Site": Internet site accessible at the URL www.pharmanufacturing.com and sub-sites, mirror sites, portals and URL changes relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
Access to the Site is free of charge to any Internet user. Browsing on the Site entails acceptance by all Internet user of these terms and conditions. Simple logging into the Site means full and unconditional acceptance of these terms and conditions.
When registering on the Site, such acceptance will be confirmed by ticking the box for the following sentence: "I have read and accepted the general conditions of sale and use." By doing so, the Internet User acknowledges having read, understood and accepted them without restriction.
Ticking the above box will be deemed to have the same value as a handwritten signature on the part of the Internet User. The Internet user recognises the evidential value of PharManufacturing.com's automatic registration system and, except he provides contrary evidence, he renounces contesting it in the case of a dispute.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, including those of the Internet User.
The acceptance of these terms and conditions entails that the Internet users enjoy the legal capacity to do so, or if this is not the case, they should have the permission from a guardian or trustee if they are not capable, their legal representative if they are minors, or they hold a procuration if they are acting on behalf of a corporation.
ARTICLE 4. PURPOSE OF THE SITE
The Site is aimed at the provision of an on-line electronic platform for Members to enter into business relationships. The Site has the particular aim of linking Customers and Manufacturers for the production of Pharmaceutical Products.
ARTICLE 5. USES OF SERVICES
To receive the Services, Members must first register on the Site under the conditions set out in Article 11 of these general conditions.
5.1. Use of the Site by Customers
Customers have the opportunity to register for free on the Site in order to consult the directory and make a request for additional information based on a search by Active Pharmaceutical Ingredients under the conditions laid down in Article 7.3 of these terms. Only Customers can view the online directory.
5.2. Use of the Site by Manufacturers
Manufacturers have the opportunity to register on the Site to be referenced on the directory free of charge, to buy advertising space on the Site and subscribe to a paid referencing service.
5.3. Use of the Site by Agents
5.3.1. Mission of Agents
The Agents have the option to register on the Site to encourage other Members to register on the Site. Agents can then collect a commission for a period of 2 years from the date of registration of members for any credits purchased on the Site by members as described in 188.8.131.52.
184.108.40.206. What generates the commission
A commission will be charged for each service underwritten by a Member registered on the site through the Agent for a period of 2 years from the validation of registration of that Member on the Site.
The fees are due from the Agent to PharManufacturing.com once the Member registered on the Site has designated the Agent through his personal space. A Member may appoint only one Agent.
220.127.116.11. Amount of commission
The Agent will receive for each service underwritten by a Member registered on the site through it a 10% commission of the amount of tax-free services by the Member.
18.104.22.168. Invoicing for the commission
The commission is due upon full payment of the service by the Member under the contract concluded with PharManufacturing.com.
When the amount of commission reaches an amount of € 100, the Agent will send a detailed invoice to PharManufacturing.com through their personal space. In any event, PharManufacturing.com will not proceed to the payment of commissions until it receives the invoice from the Agent.
22.214.171.124. Terms of commission regulation
The payment of commission will take place as soon as the total commission payable to the Agent reaches 100 € and at the request of the Agent made through their personal space. Payment will be made by cheque or by transfer to the bank account mentioned on the bank account details provided by the Agent via their personal space on the Site.
5.4. Use of the Services by advertisers
Advertisers have the opportunity to register on the Site to subscribe to purchasing Services for advertising space on the Site.
ARTICLE 6. CREDITS
To order, Members may select one or more packs of Credits via their personal space and add them to their shopping cart. When their order is complete, they can access their shopping cart by clicking the button provided for this purpose.
6.2. Validation of the order by the Member
When consulting their cart, Members shall be entitled to check the number and the nature of the Credit packs they have chosen and can check their unit price and their overall price. They will be able to remove one or more packs of Credits from their cart.
6.3. Payment by the Member
Once they are connected or after they have fully completed the registration form, Members will be invited to check or change their contact information for delivery and billing, including, where applicable, VAT numbers and registration in the Commercial Register and will be invited to make their payment being redirected for this purpose to the secure payment interface with the words "order with obligation to pay" or any similar formula.
6.4. Confirmation of the order by PharManufacturing.com
Once payment is actually received by PharManufacturing.com, the latter undertakes to acknowledge receipt to the Member electronically, within a maximum of 24 hours. Within the same period, PharManufacturing.com agrees to send the Member a summary email of the order, also confirming its processing, and containing all the information relating thereto.
ARTICLE 7. SERVICES
7.1. Purchase of advertising space (fee service for Manufacturers, Customers & Advertisers)
7.1.1. Services offered
The Site will include a top right area with a rotating banner ad:
- 40% of the time: banner of the highest bidding Member;
- 40% of the time: banner of the second highest bidding Member;
- 20% of the time: banner chosen by PharManufacturing.com.
Purchase of advertising space is on a weekly basis. Members may bid to acquire advertising space on the Site under the conditions laid down in Article 7.1 of these terms. Only the two Members with the highest bids will have their banner visible during this week. The price paid by the Members whose banners are visible is that of the 2nd highest bidder. Members whose banners are not published have nothing to pay; the Credits are not, in this case, debited from their account.
To subscribe to the advertising space buying services, Members must acquire Credits enabling them to participate in auctions.
If the Member wishes to participate in an auction to purchase one Service, he clicks the button provided for this purpose on the Site. The Member chooses a specific week in which he wishes to benefit from the Service. The Member has the opportunity to participate in the auction until Sunday at midnight prior to the chosen week.
The Member then states:
- a maximum cost per view which they want to participate during this week;
- a maximum total budget for this week.
Members who have proposed the 2 highest costs win the auction. The Member enjoys the Service up to the total maximum subscribed budget. Once the maximum budget is reached, the Service stops for the Member concerned and then applies to the Member who made the next highest bid.
The price per view paid by the Member is that of the lowest bid from the current 2 during the Services.
All Credits spent in the auction are irretrievably lost and cannot be refunded.
7.2. Paid referencing (paid service for Manufacturers) - Premium Box
The referencing proposed by PharManufacturing.com is of two kinds:
7.2.1. Natural referencing
The Manufacturers are ranked based on the result pages according to the number of points accumulated on their profile. Points are awarded according to different criteria set at the discretion of PharManufacturing.com, especially compared to the amount of completed information on the Manufacturers profile. Some information conflicting with these Terms may nevertheless cause penalties for manufacturers and reduce their number of points.
7.2.2. Paid referencing
The Manufacturers have the option to subscribe to a Premium Box. This Service allows them to be classified in the heading of the search results. The cost of the Service is calculated based on bids made by Members. To be listed among the first two results, the Manufacturers have the opportunity to participate in auctions.
To subscribe to the Premium Box Services, Members must acquire Credits enabling them to participate in auctions.
If the Member wishes to participate in an auction to purchase one Service, he clicks the button provided for this purpose on the Site.
The Member has the possibility to participate in different current auctions with different combinations of criteria. He must then set the maximum cost per view for which he wishes to deploy a combination of given criteria.
The Member may also set a maximum total budget for this combination of criteria for a given period.
Only two Members who have produced the best 2 results will benefit from the Premium Box.
The price paid by the Member is that of the lowest bid from the current 2 in the Services. Once the maximum budget is reached, the service stops for the Member concerned and then applies to the Member who made the next highest bid.
All Credits spent in the auction are irretrievably lost and cannot be refunded.
7.3. Search by Active Pharmaceutical Ingredient (fee service by Quote for Customers)
In order to do a search on the Site by API, Customers must make a request for a quote from PharManufacturing.com via their personal space. PharManufacturing.com can then send a quote to the Customer by email, fax or mail. The Customer may return the Quote to PharManufacturing.com signed with the words "Good for agreement", by email, fax or mail. The return of the unchanged Quote by email, with "Good for agreement" in the body of the email is also acceptance of the Quote by the Customer. The issuance of a quote accepted by the Customer is binding and irrevocable. The Customer is bound by his order immediately and cannot cancel it; he will buy the corresponding credits on the Site. The contract is formed upon acceptance of the order by PharManufacturing.com.
ARTICLE 8. OBLIGATIONS OF MEMBERS
8.1. Conduct Guidelines
The Member agrees only to use the Site for his own needs and exclusively for the purposes specified in this contract.
The Member undertakes in particular not to:
- use the Site for non-professional purposes,
- be a minor under the laws and regulations of their country of residence,
- facilitate access to the Site to a minor,
- jeopardise or make comments that are inconsistent with public order or good morality,
- create fake profiles in order to deceive PharManufacturing.com and/or other Members,
- jeopardise in any way whatsoever the rights to reputation, the privacy, the rights or the image of a third party,
- denigrate, defame or jeopardise the image or reputation of a brand or any person or entity in any manner whatsoever,
- make comments and/or disseminate paedophile-oriented content,
- undermine the security or integrity of a State or territory,
- allow third parties to obtain pirated software, software serial numbers or any software that may harm or affect in any manner whatsoever, the rights or property of third parties,
- infringe the intellectual property rights of any person whatsoever,
- incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, promote war crimes or crimes against humanity,
- incite to commit an offence, a crime or an act of terrorism,
- incite discrimination against a person or group of persons because of affiliation to an ethnic group or race or because of their sexual orientation, gender, gender identity or disability,
- recommend a questionable or fraudulent practice.
Any illegal or in general unauthorised use of the Site will result in the immediate deletion of the account of the member, not cancelling out the possibility of PharManufacturing.com to take legal action, including demands for damages.
8.2. Declarations of the Member
The Member states that prior to the acceptance of these, he has read the technical characteristics of the Site and the Services.
Accordingly, the Member acknowledges that its needs and the services offered by PharManufacturing.com are in line, that he is aware of the content and conditions of implementation of these services and that it subscribes to the Services knowingly and having all the necessary information to provide free and informed consent.
8.3. Use of the Site
All processing, transmission, publication, distribution or representation of the Site by the Member is carried out under his sole responsibility. In particular, the Member undertakes to process, distribute, download, or transmit through the software only information or data that does not violate any intellectual or industrial property rights or any other proprietary right, or that does not constitute a criminal offence.
The Member also agrees not to interfere with or disrupt the Site and/or Services and PharManufacturing.com servers and comply with any requirements, procedures and general rules communicated to him by PharManufacturing.com for successful implementation of the Site and the Services.
The Member accordingly guarantees PharManufacturing.com against any damage that may be caused to it because of its use of the Site and/or Services, including any legal fees and court costs and is committed to intervene in any legal proceedings brought against him because of his use of the Site and/or the Services.
ARTICLE 9. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by PharManufacturing.com. The prices displayed are only valid on the date of the order and do not count for the future.
The prices listed on the site are in Euros, excluding taxes.
9.2. Payment procedure
The Member may make his payment by credit card and PayPal.
PharManufacturing.com has no access to any data of the Member relating to payment methods. Payment is made directly to PayPal.
PharManufacturing.com will address to or provide a Member with an electronic invoice after each payment. The Member expressly agrees to receive invoices electronically only.
9.4. Failure to pay
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the case of litigation.
Any amount not paid when due will result, ipso jure and without notice, in the application of penalties for late payment calculated on the basis of a rate equal to 3 times the legal interest rate, without interfering with the penalty payment due in principal.
In addition, any delay in payment will result in billing the defaulting Member with a recovery cost of 40 Euros, the requirement for immediate payment of all sums due within the agreed time, plus a 20% indemnity of the amount as per the penalty clause, as well as the possibility to terminate the contract unilaterally irrespective of the damage to the Member.
ARTICLE 10. CUSTOMER SERVICE
The Site’s customer service is available Monday to Friday from 10am to 6pm French time (UTC +2) at the following telephone number: + 33 6 63 14 47 30 or by email to: email@example.com. In the latter two cases, PharManufacturing.com commits to provide an answer within 30 days.
ARTICLE 11. PERSONAL SPACE
11.1. Creation of personal space
Creating a personal space is a prerequisite to any use of the Site by Members. To this end, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet User to provide such information will effectively prevent the creation of personal space and, incidentally, order validation and access to Services.
During the creation of the personal space, the Internet User is prompted to choose a password. This password is the guarantee of confidentiality of information contained in personal space. The user should therefore refrain from sending it or disclosing it to a third party. Otherwise, PharManufacturing.com cannot be held responsible for unauthorised access to the personal space of an Internet User.
The Member agrees to regularly check his personal information, and go on-line in his personal space to carry out necessary updates and changes.
11.2. Content of the personal space
11.2.1. General Information
The personal space allows the Member to view and edit their profile, participate in auctions, to subscribe to the Services and follow all orders placed on the Site.
Pages on personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence in court. They are only for information purposes and are intended to ensure effective management of orders by the Member.
PharManufacturing.com is committed to keep secure all contractual elements whose storage is required by the law or the regulations in force.
11.2.2. Publishing a public profile
Members are offered the possibility to create a public profile on the Site. In this context, Members may get to know a certain amount of personal information. All public profiles are likely to be subject to prior validation by PharManufacturing.com or team of moderators before they are first put online.
It is expressly understood that the Member, deciding to subscribe to the Services offered by PharManufacturing.com and after completing the schedule for its public profile, recognises that his data, including his logo may be published on the website and disseminated as such to other Members and Internet Users. The mere fact of providing such information and completing the fields of the public profile provide express proof of the will of the Member to publish such information on the Site.
In the event, in particular, that the Data provided by the Member are incorrect or are no longer current, PharManufacturing.com reserves the right to modify these data directly or delete the profile under the conditions set forth in Article 11.3 after. The Member will be automatically notified and have the possibility to update his data itself, or delete the profile.
Members will have the ability to stop the dissemination of their public profile. To do so they will request removal of their Member account and termination of services, following the procedure provided for this purpose. The suspension of the release of the public profile will be effective within a maximum of 7 working days from receipt of the request by PharManufacturing.com.
11.3. Deletion of personal space
PharManufacturing.com reserves the right to delete the account of any Member who violates these terms and conditions, particularly when the Member provides inaccurate, incomplete, misleading or fraudulent information and when the personal space of a Member shall remain inactive for at least one year. The said deletion would not be deemed a fault of PharManufacturing.com or damage to the excluded member who cannot claim any compensation as a result.
This exclusion is without prejudice to the possibility for PharManufacturing.com to initiate judicial proceedings against the Member, when the facts would justify it.
ARTICLE 12. NEWSLETTER
By checking the box provided for this purpose or by expressly giving their agreement to that end, Internet Users accept that PharManufacturing.com can send them a newsletter (information newsletter), which may include information relating to its business, at a frequency and on a format of its choice.
When the Internet User checks the box provided for this purpose, he agrees to receive offers from PharManufacturing.com for products and services similar to those presented on the Site. Registered users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
ARTICLE 13. DATA PROTECTION
13.1. CNIL declaration - Processing Manager
The PharManufacturing.com file containing the personal Data of Internet Users has been declared to CNIL and recorded under number 1794716.
13.2. Optional nature of providing data
Internet Users have the option of providing free personal information about themselves. The provision of personal information is not required for navigation of the Site.
13.3. Mandatory provision of data for registration
However, registration on this Site involves the collection by PharManufacturing.com of an amount of personal information about Internet Users. Internet Users who do not wish to provide the information necessary for registration will not be able to place an order on this Site.
13.4. Respecting the purpose for the collection of personal data
Personal Data collected shall be processed by computer and is exclusively reserved for PharManufacturing.com. The Data collected is necessary for the proper administration of the Site, as well as for PharManufacturing.com to comply with its contractual obligations. This data is stored by PharManufacturing.com only for this purpose. PharManufacturing.com agrees not to use them in another context. The collected personal Data are not subject to any transfer outside the EU.
13.5. Right of access, rectification and opposition
The information of all Internet Users registered on this Site is saved for a period of 1 year, a reasonable period necessary for the proper administration of the Site and normal use of data. This data is kept under secure conditions, according to current techniques, in accordance with the provisions of the Data Protection Act of 6th January 1978.
According to this, Internet Users have the right to oppose, query, access and rectify the data they provided. For this, they need only make a request to PharManufacturing.com, sending it to the following address: firstname.lastname@example.org, or by postal mail to the headquarters of PharManufacturing.com mentioned in Article 1 of these general conditions.
ARTICLE 14. COOKIES AND INTERNET USERS' IP ADDRESSES
14.1.1. Purpose of installation of cookies
To allow all Internet Users optimal browsing of this Site as well as a better functioning of the different interfaces and applications, PharManufacturing.com may install a cookie on the Internet User's computer.
14.1.2. Purpose of cookies
Cookies are used to store information relating to browsing on the Site (date, page, hours), as well as any data entered by Internet Users during their visits (searches, login, email, password). These cookies are meant to be kept on the computer station of the Internet User for a variable period of up to one year and can be read and used by PharManufacturing.com during a subsequent visit of the Internet User to this Site.
14.1.3. Right of objection of the Internet User to the installation of cookies
The Internet User can block, modify the retention period, or delete these cookies via the browser interface (usually: tools or options / privacy or confidentiality). In such a case, browsing on this Site will not be optimised. If systematic disabling of the cookies on the browser of Internet Users prevents them from using certain Services, this malfunction cannot in any way constitute damage to the Internet User who cannot claim any compensation as a result.
14.1.4. Deleting installed cookies
Internet Users can also delete cookies installed on their computers, by going to their browser menu intended for this purpose (usually tools or options / privacy or confidentiality). Such an action makes the Internet Users lose the benefits provided by cookies.
14.2. IP addresses
14.2.1. Definition and collection of IP addresses
The IP address is a series of numbers separated by dots enabling the unique identification of a computer on the Internet network. PharManufacturing.com reserves the right to collect the public IP address of all Internet Users. The collection of this IP address will be done anonymously. The IP address of Internet Users will be retained for the period required by law.
14.2.2. Communication of IP addresses
PharManufacturing.com must disclose all personal data relating to an Internet User to the Police upon legal requisition or any person by court order. The IP address can be linked with the actual identity of the user if this information is disclosed by an Internet service provider.
ARTICLE 15. LIABILITY OF PHARMANUFACTURING.COM
15.1. Nature of obligations of PharManufacturing.com
15.1.1. Supply of Services
PharManufacturing.com is committed to providing the care and diligence necessary for the provision of quality services that meet the specifications of these terms. PharManufacturing.com responds only to an obligation of means regarding the purpose of these Services.
15.1.2. Provision of an electronic platform
The obligations of PharManufacturing.com are limited to the online availability of an electronic platform; PharManufacturing.com acts in this context as a mere technical provider. PharManufacturing.com plays no active role allowing it to have knowledge or control of information transmitted or stored Data. PharManufacturing.com responds only to an obligation of means regarding the purpose of these Services.
PharManufacturing.com does not guarantee meetings between Members. PharManufacturing.com does not undertake any obligation to organise meetings between Members. Members are free to contractualise relations for the manufacture of Pharmaceuticals. PharManufacturing.com is not in any way responsible for the contracting and obligations.
Consequently, the responsibility of PharManufacturing.com cannot be assumed due to any injury suffered by a Member on the occasion of linking performed through the Site.
15.2. Force majeure - Member's error
PharManufacturing.com does not assume liability in cases of force majeure or error of the Member, as defined in this Article:
15.2.1. Force Majeure
Within the meaning of these terms, enforceable cases of force majeure against the Member will be considered to be any hindrance considered as a limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, default attributable to the provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes or references provided to the Member, hacking, a safety fault safety due to the hosting of the Site or developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of PharManufacturing.com. In such circumstances, PharManufacturing.com shall be relieved of performing their obligations within the limits of this impediment, limitation or inconvenience.
15.2.2. Member's error
For the purposes of these conditions a fault of the Member will be considered any misuse of the Service, fault, negligence, omission or failure on his part or that of its employees, failure to comply with advice given by PharManufacturing.com on the Site, any unauthorised disclosure or use of password, codes and references of the Member, and the acquisition of misinformation or lack of updating of such information in his personal space. The implementation of any technical process, such as robots or automated queries whose implementation would violate the letter or spirit of these Terms and Conditions will also be considered a Member's error.
15.3. Technical problems - Hypertext links
If you are unable to access the Site due to technical problems of any kind the Member cannot claim injury and may not claim any compensation. The unavailability, even extended without any limitation period, of one or more services on-line, cannot constitute a prejudice to the Members and may not give rise to the payment of damages by PharManufacturing.com. The hypertext links on the Site may refer to other Internet sites. PharManufacturing.com cannot be held liable if the content of these sites contravenes legislation. Similarly, PharManufacturing.com cannot be held liable if the Internet User's visit to one of these sites causes him harm.
15.4. Damages payable by PharManufacturing.com
In the absence of contrary legal or regulatory provisions, the responsibility for PharManufacturing.com is limited to direct, personal and definite injury suffered by the Member and associated with the fault in question. PharManufacturing.com shall in no case be held liable for indirect damages such as, loss of data, commercial loss, loss of orders, damage to brand image, business problems and loss of profits or Members. Similarly, and within the same limits, the amount of damages to be borne by PharManufacturing.com will in any event not exceed the price of the Service ordered.
15.5. Liability as host
Members are responsible for Data, including comments on the Site posted by them. In this context, PharManufacturing.com will benefit from the status of a data host within the meaning of Article 6-I-2 of the Law on Confidence in the Digital Economy of 21 June 2004. Pursuant to paragraph 3 of that article, PharManufacturing.com cannot be held civilly or criminally liable in respect of such comments, unless, from the moment it became aware of the illegal activity or information it has acted promptly to remove this information or make access impossible.
ARTICLE 16. INTELLECTUAL PROPERTY
16.1. Intellectual Property of PharManufacturing.com
The contents of the site (texts, images, diagrams, structure, database, software ...) are the property of PharManufacturing.com and are protected by copyright and database right. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without the consent of PharManufacturing.com or its successors or assignees is a violation of Books I and III of the Code of intellectual property and will likely give rise to prosecution for infringement. The published contents of the Site are indicative, without a guarantee of accuracy. PharManufacturing.com cannot be held responsible for the omission or misstatement of fact or any error contained in this information and would be responsible for direct or indirect damage caused to the Internet user.
The present Terms and Conditions, written by the Deshoulières Avocats Law Firm (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction in whole or in part, made without the consent of Deshoulières Avocats will likely result in prosecution for plagiarism.
16.2. Intellectual Property of the Customer
The Customer states he has the rights necessary for signing contracts with Manufacturers. The Customer guarantees accordingly PharManufacturing.com against any action against him in this regard. The Customer agrees as to take responsibility for all expenses incurred by PharManufacturing.com in this context, including any legal fees and procedure.
ARTICLE 17. GENERAL PROVISIONS
17.1. Applicable Law
These terms and conditions are subject to the application of French law.
17.2. Amendment of these terms and conditions
These terms and conditions may be amended by PharManufacturing.com at any time. The general conditions applicable to the Member shall be those in force on the date of his order or his log in to this Site, and any new connection to the personal area implies acceptance of any new terms and conditions.
17.3. Amicable settlement of disputes
Unless public policy provisions state otherwise, all disputes which may arise in connection with the execution of these general terms and conditions should, before any legal action, be tabled before PharManufacturing.com for an amicable settlement.
The invalidity of any clause of this contract shall not invalidate the remaining clauses of the contract or the contract as a whole, which shall retain its full force and scope. In such a case, the parties shall, as far as possible, replace the null and void provision with a valid provision corresponding to the spirit and purpose of these terms.
Lack of exercise by PharManufacturing.com of rights herein acknowledged shall in no case be construed as a waiver of those rights.
17.6. Languages of these terms and conditions
These terms are made available in English.
In case of electronic transmission, producing a copy of the e-mail by PharManufacturing.com will serve as evidence of the notification, unless proved otherwise by the Member.