diagdirect

The site "www.diagdirect.com" ("the Site") allows client-users
who are members of the Site and whose head office is located on French territory ("the Client(s)) to make orders online for products commercialised by one or several professional suppliers
present on the Site ("the Supplier(s)"). The Suppliers are the following companies: Abbott France, HORIBA ABX SAS, Becton Dickinson France, BioMérieux,
Bio-Rad, Beckman Coulter France, Siemens Healthcare Diagnostics, Diagnostica Stago,
Ortho-Clinical Diagnostics France, and Sebia, as well as any company that belongs to the Economic Interest Group (GIE) using the Site.
The Site is exploited conjointly by Suppliers, members of the
Economic Interest Group "GIE Diagdirect", whose head office is located at 58 Boulevard Gouvion Saint-Cyr - 75017 PARIS, registered with the RCS
of Paris under n°C 442 434 973.

Article 1 - Object of the Charter

YOU JUST CONNECTED TO THE SITE TO PERFORM THE REGISTRATION PROCESS. THE SITE IS EXCLUSIVELY RESERVED TO MORAL PERSONS OR TO MAJORS WHO WISH TO PURCHASE PRODUCTS IN THE CONTEXT OF THEIR PROFESSIONAL ACTIVITIES. YOU MUST CLOSELY READ THE CURRENT SITE USAGE CHARTER ("THE CHARTER"), WHICH IS COMMON TO ALL SUPPLIERS, WHO GOVERN THE SITE’S USAGE CONDITIONS FOR EACH CLIENT AS WELL AS THE MODALITIES THAT DETERMINE HOW SUPPLIERS MAKE THE SITE AVAILABLE TO CLIENTS.

All commercial relations resulting from orders made on the Site are governed by the general terms of sale respective to each Supplier and recognised by the client.

WHEN YOU REGISTER ON THE SITE AND USE IT, YOU AGREE TO STRICTLY CONFORM TO THE CHARTER. IF YOU CHOOSE NOT TO CONFORM TO THE CHARTER, YOUR REGISTRATION ON THE SITE WILL BE REFUSED AND YOU WILL NO LONGER BE ABLE TO USE THE SITE.

Article 2 - Conditions of Site use

The Client may only use the Site, that is, make or monitor orders on it, if his current registration is validated.

By using the Site during registration, the Client accepts to (i) furnish exact, up to date, and complete information about himself as requested in the registration form and (ii) regularly update and maintain registration data in order to keep it exact, up to date, and complete.

At the end of the registration procedure, the Client shall choose and validate a login and password that will allow him to connect to the Site and to use it. Only the Client is responsible for keeping his login and password confidential and for any actions that might be carried out with his login and password, whether or not the Client authorised their use.

The Supplier will send the Client an email confirming or refusing his registration on Site within 48 hours beginning from the Client’s validation of the registration form. Refusal may be justified by the Supplier if he esteems that the Client is not a professional or that the information concerning him is inexact.

Access to the Site is assured 24 hours a day, 7 days a week, except in the case of a major event outside GIE Diagdirect’s control, subject to eventual break downs and maintenance interventions necessary to the Site’s normal functioning.

Article 3 – Order making process on the Site

The Client is committed to the order as soon as he clicks on "Would you like to confirm order shipment? Changes cannot be made after confirmation." The data entered in the Site’s server is evidence of all sales transactions made between the Client and Suppliers.

The Client’s order is directly addressed to the chosen Supplier. As soon as the order is made on the Site, each Supplier reserves the possibility of making the information concerning the order and its processing (description, quantity, batch number, and expiration date) available to the Client.
The order validation process, made by successive data entry, permits the Client to eventually modify his order before a final summary and definitive order entry.

The Client may modify his order before he clicks on "Enter order," after which he will no longer be able to modify the order and is therefore tied to it once he clicks on "Would you like to confirm order shipment? Changes cannot be made after confirmation."

The Supplier receiving the order will inform the Client in a timely manner of any difficulty encountered during the Client’s order processing on the Site.

The Supplier chosen by the Client will fill in the order status: partially delivered order, delivered order, order refused by the Supplier.

The Client agrees not to make the same order as the one made on the Site by another method (fax, telephone, or mail). Consequently, the price of any "double order" shall be acquitted by the Client with his Supplier.

Article 4 –Intellectual Property

GIE Diagdirect and its Suppliers reserve all intellectual property rights relative to the Site (notably, but not exclusively, brands, commercial names, acronyms, logos, drawings, and photographs). Access to the Site gives the Client no intellectual property rights relative to the Site. The Client may under no circumstances reproduce, represent, modify, transmit, publish, or adapt, on any support, by any means, or exploit in any manner, any part of the Site.
The Client’s insertion of hypertext links towards all or a part of the Site is authorised, subject to GIE Diagdirect’s prior written consent.

Article 5 - Suppliers’ Responsibility

The information listed on the Site will be periodically updated. Nevertheless, Suppliers and/or GIE Diagdirect can guarantee neither the exactitude nor the exhaustiveness of the information furnished on the Site. Suppliers and/or GIE Diagdirect reserve the right to modify this information at any moment and without prior notification (including rates and product descriptions) included on the Site.

Under no circumstances will Suppliers and/or GIE Diagdirect be held responsible toward the Client and third-parties for damage, whatever be its nature, direct, indirect (notably, but not exclusively, any loss of benefits, interruption of activity, loss of information or data) resulting from the use or the total or partial impossibility to use the Site, even if Suppliers and GIE Diagdirect have been averted of the possibility of such damage.

The information diffused on the Site are furnished "as is" with no guarantee whatsoever. The Site may contain inaccuracies, technical errors, typographical errors, or others.
Suppliers and/or GIE Diagdirect cannot be held responsible for errors or omissions appearing in the information mentioned on the Site or linked to the Site.

GIE Diagdirect reserves the right, at its discretion and at any time, to modify, add to, or delete any part of the present Charter. Any change brought to the Charter will go into effect once the information pertinent to the change has been diffused on the Site. Clients will be informed via the Site’s home page of the modifications brought to the Charter. Use of the Site by the Client after the diffusion of changes implies acceptation of the said changes.

GIE Diagdirect reserves the right to end diffusion of the Site, to modify it, suspend it, or interrupt its function at any time, without being held responsible toward the Client or a third-party.

GIE Diagdirect reserves the power to cancel access to the Site for any Client who does not respect the present Charter.

Article 6 – Computing and Liberties

GIE Diagdirect constitutes a file including Client information in order to allow GIE Diagdirect to manage corresponding Client accounts. GIE Diagdirect reserves the right to communicate and exploit these statistics (limited to Site frequentation statistics, number of orders, and number of connexions to the Site) in collaboration with CEGEDIM, in a non-nominative manner within the conditions provided by Law. The Client gives his express permission at the constitution of this file, including all information that Suppliers may obtain relative to Site and product use. The Client expressly accepts that Suppliers may treat this personal data relative to the Site for management and order monitoring purposes subject to the application of current laws and regulations.

In application of law n°78-17 of 6th January 1978 relative to computing, files, and liberties, the Client holds rights of opposition (art. 26), access (art. 34 et 38), and rectification (art. 36) of data concerning him, furnished by him in the context of his registration on the Site or making orders on the Site.
Thus, the Client may request that the information concerning him be rectified, clarified, completed, updated, or deleted. To exercise on of these rights, the Client must address a simple letter to GIE Diagdirect, to the attention of Mr. Eric BULEUX, 58 Boulevard Gouvion Saint-Cyr - 75017 PARIS, France, or send an email to: accueil@sfrl.fr.

One or several "cookies" are susceptible to be placed on each Client’s hard disk, notably to allow Suppliers to recognise each Client when he connects to the Site and to more easily manage his account. Each Client authorises setting up these "cookies" and their use by Suppliers.
Each Client will be informed of the possibility to refuse installation of "cookies".

Article 7 – Lawsuit Regulations

ANY EXISTING OR FUTURE LAWSUIT CONCERNING THE PRESENT CHARTER WILL BE BROUGHT BEFORE THE COURT OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL FOR GUARANTEE, EVEN FOR URGENT OR CONSERVATORY PROCEDURES D'URGENCE AND WILL BE SUBJECT TO FRENCH JURISDICTION.

When you click on "I accept the Usage Charter," you recognise that you have read and accepted the terms of the present Charter and declare to accept it without restriction.