1 – PURPOSE
The use of the website www.expert2expert.co.uk (the “Website”) is exclusively limited to persons/entities acting as part of their professional activities (e.g. doctors, laboratories, marketing agencies …) (the “Client”). If you are not a professional, or if you are a professional but you are browsing the Website for reasons other than professional purposes, please do not use our Website.
The Client and Expert 2 Expert, a French company with a share capital of 37 000,00 Euros, whose office is located at 6 Rue Alfred Roll, Paris (75017) in France and registered at the Paris Companies’ Registry under number 507 763 720 (“Expert2Expert”) are referred to herein individually as a “Party” and collectively as the “Parties”.
These general terms and conditions (the “General Terms”) apply to the use and browsing of the Website and to the purchase of a copyright license of images and illustrations (the “Pictures”) and books (the “Books”) which are by nature intended mainly for healthcare professionals, offered to the Clients via the Website.
The General Terms define the terms and conditions of the right to use the Pictures granted by EXPERT 2 EXPERT to the Client and the rights and obligations of the Parties which derive from the license granted herein, as well as the terms and conditions of sale of the Books. Furthermore, the General Terms describe the steps necessary to purchase the license on one or more Pictures and/or Books (together the “Product”) and the ordering process applicable between the Parties.
By using or browsing the Website, as well as by purchasing one or more of the Product via the Website, the Client consents to and accepts the General Terms without any restriction. These General Terms are available in French and English. The Client can save or print the General Terms to keep a durable copy of these General Terms.
2 – CONTENT OF THE WEBSITE AND PRODUCT DESCRIPTION
Product Description : The General Terms apply to all the Pictures and Books displayed on the Website when the Client places its order. The Products relate to the domain of esthetics.
Availability: At any time, EXPERT 2 EXPERT may modify, remove or stop offering any or all Product displayed on the Website. Such modifications will have no impact on orders confirmed by EXPERT 2 EXPERT prior to implementation of these changes. In the exceptional situation where a Book is no longer available, the Client will be informed without delay and a refund will be offered if the Book cannot be delivered within 30 days from the date it was ordered.
Ownership of the Website’s content: The Client acknowledges that EXPERT 2 EXPERT has exclusive ownership of the Website, including its architecture, presentation, design, any of its contents and any element published (trademarks, logos, texts and other intellectual property) . As such, the Client commits not to reproduce, copy, modify, broadcast, transmit, publish, sell, assign or commercialize any or all parts of the above mentioned Website’s elements.
Ownership of the Pictures: The Client agrees and accepts that the Pictures are protected by copyright and that the General Terms on the license granted herein do not result in a transfer of ownership of the Pictures, which remain the sole property of EXPERT 2 EXPERT. Regarding the Books, the Client acknowledges that their content is protected by copyright. The Client becomes the owner only of the tangible medium of the Products but in no event, the owner of the intellectual property rights on the Products.
3 – PRICE AND PICTURE ORDERING PROCESS
Prices: The prices per Product (the “Prices”) are in Euros (EUR) and do not include delivery fees for the Books. The relevant prices are those indicated on the Website at the time the Client places its order, except in case of a gross typing error in comparison with the prices for other Pictures. These prices include all taxes applicable in France and the invoice sets the Price without the value added tax, with the tax as well as the shipping fees.
At any time and without notice, EXPERT 2 EXPERT may change the Prices. Such changes will not affect the orders already confirmed by EXPERT 2 EXPERT prior to the implementation of these price changes.
Ordering process and payment: The Client can view the Products available on the Website. Browsing the pages of the Website does not bind the Client to any order. The Client can reconsider, complete, change or cancel his/her order up until it is finally validated.
The ordering process takes place in six steps:
- “Shopping cart summary”: Summary of all the Pictures ordered by the Client.
- “Sign in”: Creating an account on the Website by filling in the form where the Client can provide his/her business and billing addresses, as well as his/her first name, surname and email address used to create its account (this information can be verified by Expert2Expert).
- “Acceptance of the General Terms”: The Client expressly confirms that he/she has read and accepted the General Terms and will tick a box next to this message: “I acknowledge that I have read and fully accept EXPERT 2 EXPERT’s General Terms” which includes a link redirecting the Client to these General Terms ;
- “Confirmation of the order”: The Client confirms its order by clicking on “Order”. He/she may then re-check the order and remove, if necessary, one or more Pictures, verify the Price as well as the costs for delivery. He/she is then asked to pay for his/her order by clicking on “Pay my order”.
- “Payment”: The Client chooses the payment card to pay for the order. For the payment step, the Client is re-directed to the online secure payment service provider “Payment by Monext”.
- “Order Confirmation”: The Client then receives an email from EXPERT 2 EXPERT confirming the details of the order which includes the following information: the order number, order summary, order amount all taxes included, an indication of the service provider’s estimated delivery date for an order of Book(s) for information only, the delivery and billing address and the download link allowing the Client to download the Pictures ordered.
The data registered by EXPERT 2 EXPERT constitutes the proof of the transactions between EXPERT 2 EXPERT and the Client. Emails are valid between the Parties, as well as all automatic recording systems on the Website.
4 – PAYMENT
Payment is made in Euros and shall be made online when ordering (Step 5 as described above) by credit/debit card (VISA, MasterCard, Carte Bleue). EXPERT 2 EXPERT may refuse any order which appears abnormal when placed, in particular when a dispute exists with the Client prior to the order or following a refusal to authorize the payment by credit/debit card.
5 – LICENSE AND RIGHTS TO USE THE PICTURES
Subject to compliance with the General Terms, EXPERT 2 EXPERT grants the Client a non-exclusive and worldwide license for a period of 12 (twelve) months, to use, reproduce and display the Pictures (the “License”) solely for the purpose of illustrating visual materials prepared for presentations during conferences, meetings and courses given by the Client and the printed material distributed on these occasions.
As part of the License and the General Terms, the Client may not use the Pictures for other purposes (even for free or otherwise), including but not limited to:
- Use the Pictures to illustrate a book or an article;
- Use the Pictures for any other commercial purpose;
- Make the Pictures available for downloading on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing it;
- Transfer, resell, sub-license, rent, donate or otherwise transfer the Products or the rights granted herein, to these Pictures to third parties;
- Use the Pictures to create an official logo, company name, or trademark.
The Client commits, for any use of the Pictures, to respect the author’s moral right and hence, not to remove EXPERT 2 EXPERT’s logo and not to modify the Pictures in any way. The License only not applies to the rights on the Pictures and not to the Books and their content (e.g.: illustrations, pictures, texts…)
EXPERT 2 EXPERT shall automatically terminate the License without compensation and claim damages if the Client commits any breach of its obligations under the General Terms. In case of termination or expiration of the License, the Client will automatically cease to use the Pictures and will destroy all copies of the Pictures.
If the Client would like to use the Pictures for any other purpose or generally to be granted more rights than those under the License, please directly contact EXPERT 2 EXPERT by email at email@example.com.
6 – PURCHASE OF BOOKS
Regarding Books, the Client is informed that their contents have been written by doctors, the latter being responsible for the content of the chapters they wrote, and that the Books are intended mainly for experts in the field of cosmetic surgery. In accordance with the Medical Code of Conduct, the Books contain limits that doctors are required to include for any description of new diagnostic or treatment procedures that have not been adequately tested and each chapter is written under the sole responsibility of each author. Consequently, the Clients commits to use the Books in compliance with the purposes set by the authors, any limitations included and the editorial policy. For any questions regarding the content of these Books, the Client can contact EXPERT 2 EXPERT at the following address: firstname.lastname@example.org.
Furthermore, the Client shall not infringe the intellectual proprietary rights of any element of the Website protected by an intellectual property right as well as the Books and their content also protected by an intellectual property right, in particular he/she shall not reproduce, represent, modify, adapt, translate, extract and / or reuse a qualitatively or quantitatively substantial part.
Any Client, Internet user or owner of a website wishing to use a hypertext link to redirect to the Website must at first request the authorization from EXPERT 2 EXPERT via the email address included in these General Conditions except for the commercial promotion of EXPERT 2 EXPERT. Any link must be withdrawn upon EXPERT 2 EXPERT’s sole request.
7 – DELIVERY OF THE BOOKS
Books are delivered only in metropolitan France and United Kingdom and more generally in all other countries where the transport provider performs delivery. For a list of the countries where the transport provider delivers, please visit: http://www.dhl.com/en/country_profile.html#.WWzETmDiKUk.
The Books will be delivered to the address indicated by the Client on the Website when placing the order and the delivery will be carried out by a transport provider appointed by EXPERT 2 EXPERT.
EXPERT 2 EXPERT undertakes to deliver the said Book within a maximum period of seven (7) days after receipt of Client’s order.
If the Client refuses the delivery, does not take delivery (in particular in the absence of the Client or a representative thereof) or if the delivery cannot be carried out due to incorrect or incomplete indications provided by the Client, EXPERT 2 EXPERT will not be held liable and all amounts corresponding to the price for the delivery of this Book order, including any additional delivery costs, will be retained by EXPERT 2 EXPERT. A second delivery will then take place, at the Client’s expenses. However, if the Book is returned a second time to EXPERT 2 EXPERT, it will not be resent to the Client and EXPERT 2 EXPERT will be entitled to request the payment of any additional costs.
If, however, the Book is not delivered on the date or at the expiry of the period indicated by EXPERT 2 EXPERT, the Client may, after having unsuccessfully requested EXPERT 2 EXPERT to fulfill its delivery obligation within a reasonable additional time, obtain the refund of his/her order.
8 – WARRANTIES
The Client must notify EXPERT 2 EXPERT any claim regarding the Products (missing picture, damaged or already opened packages, non-conforming book, quantity error …) within three (3) days from receipt. Otherwise, the Products are deemed to conform.
In addition, the Client benefits from the guarantee of latent/hidden defects for a two (2) years period from the discovery of the defect on the Product. In order to implement this guarantee, the Client will send a claim to EXPERT 2 EXPERT by email demonstrating the hidden defect of a Product. The Client needs to demonstrate the existence of the following elements: (i) a hidden defect, i.e. not apparent at the time of purchase, (ii) that makes the Product improper for use or that strongly reduces its use and (iii) that was existing at the time of the order.
The Client is not entitled to any warranty in the event of alteration of colors or appearance of stains, file corruption, unforeseeable circumstances or force majeure, mishandling or storage in inadequate conditions of sunlight, exposure to humidity.
If the Product that has been delivered proves not to be in conformity with the Product ordered, the Client must send a complaint to EXPERT 2 EXPERT in order to receive the Product ordered within the above indicated period. The Client must return the non-conforming Book to EXPERT 2 EXPERT or the email containing the Photo. In case of stock shortage of Book, the Client will be reimbursed.
Furthermore, EXPERT 2 EXPERT expressly disclaims any and all representations and warranties of any kind whatsoever, express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or continuous uninterrupted access to the Website and error-free, except for the conformity of the Products to their description on the Website. However, EXPERT 2 EXPERT does not guarantee or warrant that the Website, the Pictures or the server which make it available are available 24/24 hours and 7/7 days or that they are free from viruses or harmful elements.
The Client commits to warrants and indemnify EXPERT 2 EXPERT, its officers and associates, from and against any and all claims (including attorney’s fees) arising from the use of the Site, Pictures or resulting from non-compliance by the Client.
9 – RETENTION OF TITLE / RISK TRANSFER
EXPERT 2 EXPERT retains full ownership and title on the Products and the relating media until it has received the full and complete payment of the Price, including principal, fees, taxes and compulsory contributions.
EXPERT 2 EXPERT bears the risk on transfer (eg loss, damage) until delivery of the Products. Once the Products have been delivered to the Client or a designated third party, the risks associated to the Products are transferred to the Client. In particular for the Books, the risk transfer takes place when EXPERT 2 EXPERT’s transport provider has delivered the parcel to the Client. It is the Client’s responsibility to notify any complaint in accordance with the provisions herein to allow EXPERT 2 EXPERT to take any action against the transport provider.
10 – LIABILITY AND FORCE MAJEURE
In no event shall EXPERT 2 EXPERT be liable for any inconvenience or damages arising out or in connection with the use of the Internet, in particular any interruption of service, external intrusion or the presence of computer viruses. EXPERT 2 EXPERT’s liability is expressly limited to direct damages and excludes any indirect, consequential or incidental damages, even foreseeable or anticipated, such as, in particular, the loss of revenues, profits, opportunity, data, increase in costs, actions or claims introduced by a third party related to or resulting from the use or access to the Website or the impossibility to use the Website or the Pictures. EXPERT 2 EXPERT’s liability is also excluded for any damages due to a failure, error, omission, interruption, defect, and delay in transmission, computer viruses or communication line failure. In addition, in case of minor differences between the image of the Products, the texts displayed on the Website and the Product delivered it will out give rise to EXPERT 2 EXPERT’s liability
In any case and within the limits laid down by the law, EXPERT 2 EXPERT’s liability for any damage shall not exceed an amount equal to the total fees paid or payable by the Client during the transaction giving rise to the said liability, whatever the cause or the form of the action concerned. EXPERT 2 EXPERT shall not be liable for any breach of its obligations, as defined herein, resulting from an event of force majeure, as defined by French case law and the Civil Code.
11 – DATA PRIVACY
12 – MISCELLANEOUS
- If one or more provisions of these General Terms is held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the remaining provisions will remain valid and enforceable.
- EXPERT 2 EXPERT may change or amend the General Terms. Any new version will be posted and indicated as such on the Website. The online version of the General Terms on the Website will prevail, if necessary, over any other version of the General Terms.
- The General Terms and the confirmation of the order sent to the Client by email constitute the entire agreement between the Parties.
- The General Terms and any purchase of Product shall be governed by French law. Any dispute which may arise in connection to their validity, interpretation or implementation and which could not be resolved in an amicable way by the Parties through the execution of a settlement agreement within 30 (thirty) days after the notification of the dispute by one of the Parties including reference to this provision, will be submitted to the jurisdiction of the Tribunal de Commerce of Paris (France).
Effective as of August 1st, 2017