1.1. Our company’s main activities include the marketing of online and offline software, hardware, software programming and development, as well as training, auditing, and the provision of IT services and consulting.
1.2. These general terms and conditions of sale are intended to govern the contractual relationship between our company and its clients within the scope of the professional activities described above. These general terms and conditions of sale constitute the sole basis for commercial negotiation between our company and its clients, in accordance with the provisions of Article L 441-1 of the French Commercial Code. They apply to all contracts, deliveries, and other services and offers provided by our company.
1.3. Any order for products or services implies the client’s unconditional acceptance of and full adherence to these general terms and conditions of sale, which take precedence over any other client document, including general purchasing conditions, unless expressly agreed otherwise in writing by both parties.
1.4. Any document other than these general terms and conditions of sale, such as catalogs, brochures, advertisements, or manuals, is for informational and indicative purposes only and is not contractually binding.
2.1. Unless otherwise indicated in the quote under the heading “expiration date,” any quote previously issued by our company shall be valid for a period of 30 days.
2.2. In accordance with Article 9.4 of these general terms and conditions of sale, the aforementioned quote shall become null and void if the client is or has been identified by the software publisher as having used or currently using one or more software programs offered by our company in a fraudulent manner.
2.3. By signing the purchase order, the client acknowledges having understood and accepted the technical specifications as set out in the technical documentation. The order submitted to us is irrevocable for the client, unless we provide written acceptance of any subsequent modifications made by the client to the order. In such a case, our company reserves the right to charge the client for any costs already incurred in processing the initial order. Furthermore, our company shall not be bound by the originally agreed delivery deadlines.
2.4. The order becomes final only upon our company’s express written acceptance. The sale shall be deemed concluded at the time our company issues its acceptance of the client’s order.
3.1. Our prices are determined based on the rate in effect on the date the order is placed. All prices are expressed excluding VAT, and excluding transport, packaging, insurance, import/export fees, etc.
3.2. Unless expressly agreed otherwise in writing between the parties, our invoices are payable in full upon receipt, by bank transfer.
3.3. If a payment term is granted by our company to the client, a deposit may be required when placing the order.
3.4. Our company does not grant any discount for cash payment or for payment prior to the agreed date, nor any rebate.
3.5. Any amount not paid by the due date will automatically incur late payment penalties from the day following the due date indicated on the invoice, calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. These penalties are payable without the need for a reminder. In addition, our company reserves the right to take legal action before the competent court to enforce compliance.
3.6. A fixed recovery fee of €40 will be automatically due by the client in case of late payment, without prior notice. Our company reserves the right to claim additional compensation if actual recovery costs exceed this amount, upon presentation of supporting documents.
3.7. In case of non-payment of an invoice after its due date, our company also reserves the right to refuse any new order, suspend any ongoing or future delivery, or cancel the order without the client being entitled to any compensation, for any reason whatsoever. Our company may also require advance payment for all subsequent orders.
3.8. Failure to pay a single installment immediately renders all our invoices and outstanding claims payable, even if the agreed payment term has not expired.
3.9. All costs and expenses related to debt collection are borne by the client.
4.1. Delivery times are provided for information and indicative purposes only.
4.2. The delivery period begins upon full payment of the order by the client.
4.3. Deliveries are made either by direct handover of the product to the client, by simple notice of availability, or by delivery of the product to a shipper or carrier at the warehouses specified in the order.
4.4. Delivery delays shall not give rise to any penalty or compensation, nor justify the cancellation or termination of the order.
5.1.1. 100% of the total amount including VAT must be paid within 30 days. For this purpose, and after acceptance of the order by our company, the client will receive an electronic invoice.
5.1.2. The delivery time is generally 3 to 5 business days after receipt of our signed offer or after receipt of your purchase order.
5.1.3. Delivery will be made digitally, primarily by email.
5.2.1. 100% of the total amount including VAT is payable upon order. For this purpose, and after acceptance of the order by our company, the client will receive an electronic invoice payable upon receipt. Payment of this invoice must, in any case, be fully completed before the first day of training.
5.2.2. Our company reserves the right to postpone the scheduling of the training if and as long as payments have not been made by the client.
5.2.3. The client has 6 months from acceptance of the order by our company to schedule the ordered training.
5.3.1. 100% of the total amount including VAT is payable upon order. For this purpose, and after acceptance of the order by our company, the client will receive an electronic invoice payable upon receipt. Payment of this invoice must be fully completed before delivery can take place.
5.3.2. Our company reserves the right to postpone delivery and any subsequent deliveries if and as long as payments are not honored by the client.
5.4.1. Our company offers 3DEXPERIENCE and SolidWorks Desktop Term subscription solutions on an annual or quarterly basis.
5.4.2. 100% of the total amount including VAT must be paid within 30 days. For this purpose, and after acceptance of the order by our company, the client will receive an electronic invoice. The delivery time is generally 3 to 5 business days after receipt of our signed offer or after receipt of your purchase order.
5.4.3. Delivery will be made digitally, primarily by email.
5.4.4. Subscription solutions are subject to automatic renewal.
5.4.5. Payment for the renewed subscription must be made in full by the client before the expiration date of the previous subscription. For this purpose, the client will receive an electronic invoice payable upon receipt. Non-payment by the client of the renewed subscription by the aforementioned due date does not invalidate the automatic renewal.
5.4.6. If the client does not wish to renew the subscription, they must notify our company by email at the following address: customer@cadmes.com. The cancellation of automatic renewal will be deemed properly executed after confirmation by our company, by return email, of the receipt of the cancellation email within the time frame specified below.
5.4.7. The cancellation period is as follows:
5.4.8. As the software publisher may change its rates, the price of the renewed subscription may be adjusted upward or downward by our company. Our company undertakes to inform the client one month in advance of any such price change.
5.5.1. Unless expressly agreed otherwise in writing between the parties, the agreed services are always performed under the supervision of the client.
5.5.2. Services sold on the basis of a daily rate and a number of days fixed and agreed in advance with the client are invoiced at 100% of the total amount including VAT upon order. Payment of this invoice must be fully completed before the start of the service execution by our company.
5.5.3. Services sold as a project are subject to an estimate of the number of days required to perform the service requested by the client. This estimate is based on the information provided by the client and on the time spent by our company on similar projects in the past.
The daily rate and the estimated number of days for execution are fixed at the time of order.
These services are invoiced at least every two weeks, based on the actual number of workdays performed by our company during the relevant period.
If the estimated number of days proves insufficient to complete the entire service ordered by the client, an adjustment of the necessary number of days will be made in consultation with the client.
A project management surcharge applies to services sold as a project. This surcharge is fixed at the time of order and invoiced every two weeks.
5.5.4. Travel and accommodation expenses necessary for the execution of the service are invoiced to the client and appear separately on the quote provided to the client.
5.5.5. A surcharge of 150% applies to all consulting activities performed outside business hours (8:30 AM – 5:00 PM).
6.1. The transfer of risk for the sold products occurs upon delivery as defined in point 4.3 above.
As a result, the products travel at the client’s own risk, and it is the client’s responsibility, in the event of damage, loss, or shortage, to make any reservations or pursue any claims against the responsible carriers, in accordance with Article L 133-3 of the French Commercial Code. Any product for which no reservations have been made by registered letter with acknowledgment of receipt within 3 days of receipt from the carrier, and of which a copy is simultaneously sent to our company, will be deemed accepted by the client.
6.2. Our company’s liability cannot be invoked for destruction, damage, loss, or theft during storage or transport, even if our company selected the carrier.
6.3. In the case of apparent defects or shortages, any reservation or claim, regardless of its nature, concerning delivered products must be made in writing by registered letter with acknowledgment of receipt, with all supporting documents, to our company within 8 days of receipt of the products. No claim will be validly accepted if these formalities and deadlines are not respected by the client. Failing this, delivery will be deemed compliant with the order in quantity and quality.
6.4. Return costs will only be borne by our company in cases where an apparent defect or shortage is effectively confirmed. Only the carrier chosen by our company is authorized to return the concerned products.
The goods sold remain the property of our company until full payment of the price.
8.1. Our products are guaranteed against any hidden defect resulting from a material, manufacturing, or design fault affecting the delivered products and rendering them unfit for use, for a period of one year from the date of delivery.
Presentation of the paid invoice will be strictly required prior to any implementation of our warranty.
Interventions under the warranty shall not have the effect of extending its duration. No product return may be made by the client without our prior express written consent.
Return costs will only be borne by our company if a hidden defect is effectively confirmed by us.
Only the carrier chosen by our company is authorized to return the concerned products. Under this warranty, our company’s sole obligation will be the free replacement or repair of the products or the component recognized as defective by our company, unless such compensation proves impossible or disproportionate, in which case we will reimburse the price of the defective item according to terms to be agreed upon by both parties. The client shall not be entitled to claim damages.
8.2. The provisions of Article 8.1 do not apply in cases of apparent defects, force majeure, faults and deterioration caused by normal wear and tear, by an external accident caused notably by the client (incorrect assembly, defective maintenance, negligence, abnormal use…), by intervention of a third party, or by any modification of the product not foreseen or specified by our company.
8.3. In the event of an unjustified claim, the costs incurred for verification by our company of the implementation of its hidden defect warranty shall be borne by the client.
9.1. The client is responsible for:
9.2. The use of software may be subject to general terms of use. The client must review and accept these terms before any activation or use.
9.3. In general, the client shall make every effort to prevent the illegal use of software within its organization. The publisher is the sole responsible party for compliance with the general terms of use, even if the software was supplied by our company.
9.4. In accordance with Article 2.2 of these general terms and conditions of sale, any quote issued by our company shall become null and void if the client is identified or has been identified, by any means whatsoever, by the publisher as using an illegal version of a software solution offered by our company.
All intellectual property rights in the devices and programs designed and/or made available under the contract belong exclusively to our company, its license provider, or its supplier.
11.1. In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018 (known as the “Data Protection Act”), and the General Data Protection Regulation (GDPR) 2016/679 of April 27, 2016, personal data concerning our company’s clients is subject to computer processing by our company acting as data controller, notably for operations related to managing commercial relationships in the context of providing all products and services.
11.2. The types of data concerned and the recipients of such data are specified in our Privacy Policy. This data may be transferred to countries outside the European Economic Area and is retained for the period strictly necessary to achieve the purposes outlined above.
11.3. For more information, we invite you to consult our Privacy Policy.
11.4. Every individual has the right to access, rectify, port, erase their personal data, or restrict its processing, the right to object to the processing of their data for legitimate reasons, and the right to withdraw consent at any time. Finally, each person has the right to lodge a complaint with the French Data Protection Authority (CNIL) and to define directives regarding the fate of their personal data.
These rights may be exercised by email at the following address: customer@cadmes.com.
12.1. Any matter relating to these general terms and conditions of sale and to the sales they govern, which is not addressed by these contractual provisions, shall be governed by French law.
12.2. Any dispute concerning the application of these general terms and conditions of sale, their interpretation, execution, and the contracts concluded by our company, or the payment of the price, shall be brought before the competent court in the jurisdiction where our company’s registered office is located.
However, our company also reserves the right to take action against the client before the courts of the jurisdiction to which the client generally belongs, as well as before those in the jurisdiction where delivery took place.
12.3. If any provision of these general terms and conditions is found to be invalid, this shall not affect the validity of the other provisions, and the invalid provision may be replaced by a provision of equivalent nature and effect.
12.4. For the purposes of these terms, the parties elect domicile at their respective registered offices.
Cadmes France SAS – 125 Avenue du Bois de la Pie, 95700 Roissy-en-France, France.
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