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Sales General Conditions of the website: www.escardio.org



Article 1. Legal information

  1. The website electronically accessible at URL http://www.escardio.org is the property of the European Society of Cardiology, an organisation registered under the French Law of 1901 on associations, with the Grasse sub-prefecture under number 10006X92, Bus. Reg. SIRET No. 403 299 480 00026, and intra-Community VAT number FR 89 403 299 480, and with e-mail address: customerservices@escardio.org
  2. The European Society of Cardiology contact information is provided below:
  • Registered office: Société Européenne de Cardiologie, 2035 route des Colles, Les Templiers, CS 80179 Biot, 06903 Sophia Antipolis, France;
  • E-mail address: customerservices@escardio.org
  • Telephone number: +33(0)4 92 94 76 00
  • Fax number: +33(0)4 92 94 76 01
  1. The European Society of Cardiology is the entity responsible for the aforementioned website, the main purpose of which is to offer, via Internet, membership in the European Society of Cardiology, and to sell cardiology-related goods and services.

Article 2. Recitals

  1. The website, electronically accessible at URL escardio.org is principally intended to provide information on current events in cardiology (congresses, publications, scientific developments) and documentation on cardiology topics, and likewise to offer users memberships in various categories.
  1. The website is aimed at a professional-level audience.
  1. Any purchase of products or services from the website implies that the Customer has read, understood, and accepted these General Terms and Conditions of sale.
  1. The Customer states and acknowledges that he/she:
  • is of legal age and fully capable of undertakings in accordance with these General Terms and Conditions;
  • is a professional in the field of medicine;
  • possesses sufficient technical knowledge to use the website.
  1. The Customer acknowledges that he/she is provided with full details about the services and goods offered for sale on the website, both in terms of quality and quantity.

Article 3. Definitions

  1. The terms herein below shall be defined by the parties as follows:
  • "Customer": designates the individual or entity making a purchase in his/ her professional capacity, of the products or services sold in the user account after logging in him/herself using personal credentials;
  • "User account": designates a virtual space in the form of web pages within a website aimed at professionals and accessed via the link www.escardio.org by means of a user name and password, in which the products and services offered to the Customer can be viewed;
  • "Party": designates either the European Society of Cardiology or the Customer when used in the singular, and both the Customer and the European Society of Cardiology when used in the plural;
  • "Products": the set of merchandise offered on the website by the European Society of Cardiology.
  • "Professional": any individual or entity that is not a Consumer;
  • "Services": the set of services offered through the website by the European Society of Cardiology;
  • "User": any Internet user who has created a user account and accesses it using his/her user name and password.
  • "Website": webpages accessible at URL www.escardio.org;

Article 4. Purpose

  1. The Conditions and Terms herein are intended to define the conditions and procedures under which the products and services offered on the website are made available to the Customers by the European Society of Cardiology.

Article 5. Enforceability of the General Terms and Conditions

  1. The General Terms and Conditions herein are enforceable from the time they are accepted by the Customer.
  1. The European Society of Cardiology reserves the right to amend or change these General Terms and Conditions at any time. The amended Terms and Conditions shall then apply to orders placed after the updated Terms and Conditions were posted on the website.
  1. Moreover, the European Society of Cardiology shall notify the Customers by e-mail of any updates of the General Terms and Conditions and when they apply.
  1. In any case, the General Terms and Conditions which are enforceable on the Customer are the latest update duly accepted by the Customer. The latest update shall prevail over any hard or soft copies with earlier dates.
  1. The General Terms and Conditions are available on the website on a permanent basis, at escardio.org/mentions-legales, or they may be requested by e-mail from the following address: customerservices@escardio.org

Article 6. Credentials, user account, and password

  1. In order to benefit from the products and services as described herein, Customers should create user accounts and log in using their user names and passwords.
  1. Customers are solely responsible for the safekeeping and confidentiality of their user names and passwords, which are strictly private; Customers undertake to ensure that their user names and passwords are kept completely confidential, and in particular, to change said user names and passwords on a regular basis.
  1. Any use of the password is assumed to be carried out in the name of the
  1. The European Society of Cardiology shall not be held liable for any fraud or misuse or for any voluntary or involuntary disclosure of any user name and/or password.

Article 7. Availability and provision of products and services

7.1 Products and services

  1. The following products and services are available on our website:
  • purchase of cardiology focused medical books and manuals;
  • subscription to medical journals;
  • registration and online training (e-learning or webinars);
  • signing up for congresses;
  • online hotel booking for congresses organised by the European Society of Cardiology;
  • purchase of memberships for specific rights and privileges.

7.2 Characteristics of the products and services

  1. The characteristics of the products and services, as well as the prices of the relevant subscriptions and various types of memberships, are described online.

7.3 Selection of products and services

  1. The Customer chooses himself/herself the products and services offered by the European Society of Cardiology.
  1. The Customer acknowledges that he/she is aware of the nature, the purpose, and the characteristics of the products and services, and that he/she has been provided the information necessary to place an order with full knowledge thereof.
  1. The Customer is solely responsible for the selection of products and services, as well as for their appropriateness to his/her needs, such that the European Society of Cardiology may not be held liable in this regard.

7.4 Transaction process

  1. The provision of products and services implies full acceptance of these General Terms and Conditions.
  1. The transaction process required from the Customer to place any order consists of the following:
  • Step 1: login to his/her user account with his/her user name and password in order to view the products and services available for sale which are displayed in his/her user account;
  • Step 2: Select  the desired products and services;
  • Step 3: Fill in the required form;
  • Step 4: Choose his/her payment mode;
  • Step 5: If the transaction is processed on line, a summary of the order and approval of these General Terms and Conditions are required before the transaction is confirmed. During this process, the Customer can check the details of his/her order and the total price, change the order, correct any errors, or cancel the order. The Customer then confirms his/her order.
  • Step 5: Payment of the order
  • Step 6: If the transaction process is carried out on line, the European Society of Cardiology acknowledges receipt of the order by promptly sending the Customer an e-mail.
  1. The order will be processed only after payment is accepted. If the payment is rejected, the order shall be cancelled as a result.

7.5 Storage - Archiving

  1. Contractual documents shall be electronically stored by the European Society of Cardiology.
  1. The European Society of Cardiology ensures access to significant contractual documents using personal profiles.

7.6 Duration and cancellation of subscriptions

  1. Journal subscriptions offered on the website are available to Users with a user account.
  1. Every subscription package shall expire at the end of the calendar term and must be voluntarily renewed in accordance with the terms laid out in 7.4.
  1. The European Society of Cardiology may cancel the subscription, through the sending of a notification to the e-mail address provided when the profile was created.
  1. The Consumer may cancel the subscription through the sending of a notification to customerservices@escardio.org.
  1. As a result of the cancellation of the subscription, the User shall not be entitled to any reimbursement, regardless of which party is responsible for cancellation.

Article 8. Price

  1. Prices for the various services, products, and subscriptions are available on the website.
  1. Prices are shown as amounts in euros, exclusive of taxes (tax not included), and with tax (all taxes included) and summarised prior to the payment process.
  1. Prices shown include the VAT applicable the day the order is placed and any change in the applicable VAT rate shall be automatically reflected in the prices of the services purchased.
  1. Before the Customer confirms the order, the total amount of the order shall be shown in euros, with and without tax.

Article 9. Payment and invoicing

  1. Depending on his/her preferences, the Customer may pay for his/her subscriptions by:
  • CB, Visa, Mastercard, and AMEX cards.
  1. Payment is due and payable once the transaction process is accepted.
  1. Payment of subscription renewals is due upon the renewal date and must be made on line.
  1. Any delayed or non-payment shall incur penalties, with no prior notice being required.
  1. The applicable interest rate shall be that used by the European Central Bank for its most recent refinancing operations plus 10 percentage points. This rate is the rate in force on 1 January of the relevant year for the first semester of the relevant year. The rate for the second semester of the relevant year is the rate applicable on 1 July of the relevant year.
  1. These penalties shall be calculated on the total amount (taxes included) shown on the invoice and without prejudice to the right of the European Society of Cardiology to claim compensation for damage related to late or non-payment. Penalties shall be payable from the day following the payment date shown on the invoice until the date of collection by the European Society of Cardiology.
  1. Any customer in arrears is considered a debtor, and shall be subject to a 40 euros penalty for recovery cost. If the recovery cost is higher, the European Society of Cardiology may request additional compensation upon presentation of proof. However, the European Society of Cardiology may not claim for payment in the event the debtor is put under protection, recovery, or judicial liquidation proceedings which prohibit payment of the owed amount at the due date.

Article 10. Registration terms applied to events

  1. The European Society of Cardiology issues specific registration terms for each event (congresses, learning products), which are available in the event dedicated webpages. These specific Terms and Conditions supplement the Sales General Terms and Conditions, however, in case of any contradiction between both texts, the specific conditions shall prevail.

Article 11. Customer service

  1. A customer service is available enabling the Customer to carry out the following operations:
  • request information on products and services;
  • submit complaints about purchases made on line;
  • request general information or ask questions.
  1. These requests may be expressed in writing and sent to the Customer Service at: Société Européenne de Cardiologie, 2035 route des Colles, Les Templiers, CS 80179 Biot, 06903 Sophia Antipolis, France.
  1. The Customer may also call the Customer Service dialling the following telephone number: +33 (0)4 92 94 76 00.

Article 12. Delivery

  1. The order shall be delivered on the date or within the period specified to the Customer and, in case no such indication is provided, up to thirty (30) days after the order is placed.
  1. Delivery periods are notified to the address provided by the Customer, within a reasonable period of time after the order is placed.
  1. Products are delivered to the address provided by the Customer in the Order area of our webpages. The European Society of Cardiology reserves the right to decline deliveries or shipments to some countries.
  1. Delivery is construed as the transfer of the ordered product to the Customer’s physical possession or control.

Article 13. Downloads

  1. When specified on the website, some content may be downloaded. In such cases, the Customer shall be informed of the technical requirements, such as format, settings, and compatibility, in the Products area. The Customer hereby accepts that these requirements are additional to the Terms and Conditions provided herein.
  1. The content available for downloading is copyrighted. Any total or partial reproduction and/or representation of any of this content shall subject the Customer to legal proceedings in accordance with the current provisions laid out in the Intellectual Property Code.

Article 14. Liability

  1. The European Society of Cardiology is not involved in the activities carried out by the Customer on the website, and is not in any way liable for any decisions made by the Customer such as advice, assessment, recommendations, appraisals, reviews, feedback(s), or any consideration, or services provided by the Customer based on the information or documents or any tool in any form, shown and/or available on the website.

Article 15. Force majeure

  1. The European Society of Cardiology shall not be held liable for failure to comply with the Terms and Conditions herein due to force majeure (in particular, to disturbances or partial or total strikes, especially of the postal services and transport or communications networks).
  2. Moreover, the European Society of Cardiology shall not be held liable for poor or non-performance of these terms owing to unforeseeable or uncontrollable events attributable to third parties or to the Customer.
  1. In cases of force majeure, the European Society of Cardiology shall not be liable for any reimbursements.

Article 16. Personal information

  1. Personal information may be collected when the User is accessing to his/her User account, places orders, and completes his/her user profile or fills in forms.
  1. Pursuant to Law 78-17, dated 6 January 1978 —regarding IT, files, and modified freedoms—, the Customer is aware that, the European Society of Cardiology has responsibility for handling personal information and has implemented a process for the following purposes:
  • management and monitoring of account creation and interaction with users in general;
  • management of user profiles;
  • management of customer accounts;
  • online orders for products and services and subsequent payment;
  • sales management and marketing;
  • customer satisfaction;
  • market canvassing;
  • management of claims for refund;
  • management of registrations for congresses organised by the European Society of Cardiology and associated services;
  • access to online educational products provided by the European Society of Cardiology or by a contract partner.
  1. This information is intended for the European Society of Cardiology and for any sub-contractors for the aforementioned purposes, as well as for contract and business partners for prospection and survey purposes.
  1. The use of an asterisk in the forms designed to collect personal data, will instruct the User where the information requested is mandatory. The proper and timely handling of the User’s requests are conditional upon the provision of such mandatory data.
  1. Pursuant to the Law of 6 January 1978, the User may access his/her personal data to check, modify, complete, update, lock, or erase any personal information deemed inaccurate, incomplete, incorrect, ambiguous, outdated, or for which collection, use, share, or archiving is prohibited.
  1. Likewise, the Customer is entitled to raise legitimate objections to the handling of his/her information and to object to having his/her personal information used for commercial solicitation purposes.
  1. The said rights are exercised via e-mail, to which a copy of an identity document is attached, and sent to: customerservices@escardio.org, or by post to the Société Européenne de Cardiologie, 2035 route des Colles, Les Templiers, CS 80179 Biot, 06903 Sophia Antipolis, France.
  1. The User may at any time make a request to not receive the newsletters to which he/she has subscribed by clicking on the relevant link in the footer of the e-mail he/she receives, or by sending an e-mail to customerservices@escardio.org.

Article 17. General provisions

17.1 Good faith

  1. The Parties agree to carry out their obligations in a spirit of good faith.

17.2 Truth

  1. The Parties declare that the present undertakings are true.
  1. They also declare that, to the best of their knowledge, there is no element, if provided, would have changed the consent of the other party.

17.3 Entirety

  1. The Terms and Conditions herein express the entirety of the parties’ obligations.
  1. The Parties may not insert any of their general or special conditions and terms into this agreement.

17.4 Headings

  1. In case of difficulties in the interpretation resulting from a contradiction between the title headings in these Terms and Conditions and any of the provisions, the said headings shall be declared void.

17.5 Nullity

  1. If one or more provisions in these General Terms and Conditions are deemed invalid or held as such in accordance with any applicable law or regulation or as the result of a final judicial decision by a court having jurisdiction, the remaining provisions shall remain in force to their full extent.

17.6 Tolerance

  1. The parties mutually agree that tolerance by one of the parties of a situation does not grant the other party any rights thereof.
  1. Furthermore, such tolerance shall not be interpreted as a waiver to exercise the said rights.

17.7 Independence of parties

  1. Neither of the parties may enter into an undertaking in the name and on behalf of the other party.
  1. Moreover, each of the parties is solely liable for its actions, statements, commitments, performance, products, and personnel.

Article 18. Cancellation-Termination

  1. Should one of the parties fail to perform the obligations laid out herein without remedy for a period of 8 days from the sending of a registered letter with acknowledgement of receipt notifying the said failure, the other party may cancel or terminate the Terms and Conditions herein without prejudice to any damages to which it may be entitled hereunder.
  1. Any cancellation or termination due to the Customer’s failure to perform his/her obligations under the present Terms and Conditions, and any Customer’s usage of the website or services contrary to these General Terms and Conditions shall entitle the European Society of Cardiology, without prior notice and without compensation, to:
  • deny the Customer’s total or partial access to the website;
  • shut down the Customer’s user account, the effects of the shutdown are governed by the "Shutdown and removal of user accounts" provisions specified in the conditions for use of user accounts;

without prejudice to any damages to which the European Society of Cardiology may be entitled or any other remedy that may be open to the European Society of Cardiology.

Article 19. Proof and agreement on proof

  1. Computerised records stored within the European Society of Cardiology’s IT systems shall be kept under reasonably safety conditions and shall be considered as proof of communications, orders, and payments between the parties. These records shall prevail unless evidence to the contrary is supplied.
  1. Safekeeping of contract documents, orders, and invoices is carried out on a reliable and durable backup media and can be produced as evidence.

Article 20. Applicable law

  1. The present Terms and Conditions are governed by the laws of France.
  1. It is likewise for both rules of substance and rules of form, notwithstanding the place of performance of the substantial or accessory obligations.

Article 21. Applicable jurisdiction

  1. IN THE EVENT OF A DISPUTE ARISING OUT OF THE INTERPRETATION OR PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS WITH A MERCHANT CUSTOMER, THE APPLICABLE JURISDICTION SHALL BE THAT OF THE SUPERIOR COURT OF GRASSE, NOTWITHSTANDING A PLURALITY OF RESPONDENTS OR THIRD-PARTY CLAIMS, INCLUDING FOR URGENT OR PROTECTIVE PROCEEDINGS, WHETHER URGENT OR ON-DEMAND.

 

Last updated on 26 August 2016