Scope
These terms cover the sale of professional data files and data by EDICTALYS through norway-b2b.com. EDICTALYS is a single-member limited liability company with share capital of €1,000, registered with the Créteil Trade and Companies Register under number B 534 368 899.
Specific terms expressly agreed in writing, including in a quotation, supplement these terms. Separate SMS or email campaign delivery, website creation and hosting, postal postage and specific processing of French files are described in the Edictalys general terms.
Article 1 — Acceptance of orders
Every order constitutes acceptance of these terms, notwithstanding conflicting provisions in the customer’s purchasing terms, unless EDICTALYS accepts them in writing. Telephone orders are accepted only exceptionally; EDICTALYS disclaims responsibility for failure to fulfil an order submitted in this way.
EDICTALYS may refuse services contrary to legislation or professional ethics. Marketing through automated calling systems using a natural person’s contact details without prior consent is prohibited.
Offers remain valid for one month after dispatch or delivery. EDICTALYS may change their terms thereafter. The customer acknowledges the scope and limitations of the services and remains responsible for their suitability. The customer keeps a copy of materials entrusted to EDICTALYS and takes necessary security precautions.
EDICTALYS performs its obligations with the care and professional standards customary in its trade. It undertakes an obligation of means, not a guarantee of results. No guarantee is given concerning named, socio-behavioural or other information associated with contact details. Unless otherwise stated in the quotation, the guarantee for undeliverable addresses (NPAI) is limited to supplying replacement addresses above a 10% undeliverability rate.
Article 2 — Delivery times
Delivery times are indicative. Delay does not entitle the customer to damages or cancellation, particularly in cases of strikes, disturbances or force majeure, subject to applicable mandatory provisions.
For business files purchased online, the download link is emailed within an indicative period of 15 minutes to 24 hours, Monday to Friday from 9 a.m. to 7 p.m., excluding public holidays. Orders containing telephone details of natural persons may require 2 to 7 working days.
Article 3 — Cancellation and postponement
Cancellation or postponement requests must reach EDICTALYS no later than 48 hours after the order form is sent and at least 48 hours before delivery. Otherwise, the full order is payable automatically.
Article 4 — Prices
Any departure from the sales terms requires written agreement. Prices exclude tax and are calculated at the company’s registered office. They may change with raw material and labour costs, currency changes, duties and taxes. Services and goods are invoiced at the rates in force on delivery, in accordance with the agreed contractual terms.
Article 5 — Payment
Unless otherwise agreed, invoices are payable at the registered office and 100% payment is required for every order.
Failure to meet a payment due date makes all outstanding amounts on the invoices concerned and other invoices immediately payable, including amounts not yet due, regardless of the original payment arrangements. It may also result in:
- Late-payment interest at the Banque de France base rate plus 5 percentage points, calculated in proportion to the delay, and associated non-payment costs.
- Contractual compensation of 15% of invoices unpaid at their due date, without prejudice to court claims for procedural costs.
- Suspension of further deliveries.
These provisions apply within the limits of mandatory rules in force.
Article 6 — Termination clause
If a payment covered by Article 5 is not made when due, EDICTALYS may invoke automatic termination of the sale and notify the decision by registered letter with acknowledgement of receipt or an extrajudicial notice referring to this clause.
On receiving notice, the customer must stop using or transferring, for payment or free of charge, the goods and files concerned, including files obtained through the databases, and return them on first request. Summary court proceedings may be brought; restoration costs are invoiced and immediately payable.
Article 7 — Complaints
Any complaint concerning a service must be notified by registered letter with acknowledgement of receipt within 48 hours of the service being made available. Under these terms, complaints made after this deadline or after using the delivered service cannot be considered, subject to the customer’s mandatory rights.
If EDICTALYS is held liable, damages are limited to the amounts actually paid for the service concerned. Indirect losses, including lost orders or profits, business disruption, reputational damage or low response rates, are not compensated. For this clause, a third-party action against the customer is considered an indirect loss.
Article 8 — Retention of title
Delivered goods and files remain EDICTALYS’s property until the price is paid in full. Delivery of a bill, promissory note or instrument creating an obligation to pay does not constitute actual payment.
The customer must immediately inform EDICTALYS of any third-party seizure. From delivery, the customer bears the risk of loss or destruction and insurance costs, despite retention of title.
Article 9 — Intellectual property
Receiving data does not transfer intellectual property rights. The customer must not distribute, resell or reproduce the data except for its own use and that of the company employing it, within the limits of the licence and these terms.
Article 10 — Liability
The customer assesses its needs, product suitability, skills and equipment compatibility. EDICTALYS does not guarantee suitability for a particular purpose; software and files may contain errors.
The customer is responsible for product use and indemnifies EDICTALYS against third-party claims relating to such use, infringement of rights or regulatory breaches. Communications to contacts must be presented as the customer’s own, without confusion, association or references suggesting they originate from EDICTALYS, including unsubscribe arrangements.
Within applicable legal limits, EDICTALYS excludes liability for consequences of product use, including loss of customers, financial loss, lost profits and inaccurate or corrupted data. The customer protects its data, software and equipment against viruses; EDICTALYS guarantees no minimum return and accepts no liability for losses caused by computer viruses.
In any event, compensation payable by EDICTALYS cannot exceed the price paid for the product concerned, subject to mandatory rules. EDICTALYS does not assume liability for the characteristics or consequences of using partners’ products for which it acts as an intermediary distributor.
Article 11 — Conditions of use
Products are reserved for the customer’s own needs. Using them to provide services to third parties, including sending messages on their behalf, is prohibited.
Reproduction, extraction or distribution of data for third parties is prohibited, as are permanent or temporary transfers of a substantial part of a database to another medium outside the rights granted, making data available to third parties or the public, and systematic extraction or use exceeding normal licence conditions. EDICTALYS may include seed records to detect breaches.
The customer must comply with the legislation applicable to its business, recipients’ countries and the channel used, particularly marketing, personal data and privacy rules. Purchasing a file does not authorise marketing. For Norwegian contacts, the customer must check local rules and obtain consent where required. It must comply with the GDPR and applicable provisions of the French Data Protection Act.
Marketing to natural persons through automated calls, fax or email requires prior consent where applicable legislation requires it. Every recipient must have a way to unsubscribe or object and be informed of access, rectification and erasure rights. The customer is responsible for its breaches and indemnifies EDICTALYS accordingly.
Article 12 — Personal data protection
Each party undertakes to comply with the GDPR and applicable processing rules and assist the other where necessary. EDICTALYS implements physical and organisational confidentiality, integrity and security measures until the relevant data is destroyed, including:
- Secure channels for exchanges with the customer and authorised third parties.
- No copying of entrusted personal data outside authorised operations.
- Access limited to authorised staff bound by confidentiality and trained in data protection.
- Secure premises and consideration of CNIL recommendations.
EDICTALYS informs its customer of incidents affecting data confidentiality, integrity or security and assists in handling them. These commitments survive termination. EDICTALYS keeps a written record of categories of processing performed for its controller customers and provides the details of its data protection contact or officer in accordance with applicable obligations.
Article 12.1 — Customer data protection obligations
The customer implements the measures needed to comply with the GDPR and, as required by its applicable obligations: appointing a data protection officer, maintaining processing records, carrying out impact assessments, applying data protection by design, providing transparent information and controlling retention periods.
It ensures secure processing and storage, undertakes not to transfer personal data outside Europe, organises responses to access, erasure, rectification and portability requests, establishes incident reporting procedures, trains staff and checks provider compliance.
Article 13 — Jurisdiction
Disputes fall within the jurisdiction of the courts sitting in Paris, including where there are multiple defendants or third-party proceedings, subject to mandatory jurisdiction rules. Costs incurred do not derogate from this clause.
English translation of the French version.