The DiaGDirect website (“the Website”) allows customer users registered on the Website (“Customer(s)”) to place orders and receive online invoices for products commercialised by one or more suppliers (“Supplier(s)”). The Suppliers who are members of the EIG authorised to market their product through the DiaGDirect platform can be found under the section “Suppliers”.
The Website is jointly operated by all the member companies of the Groupement d’Intérêt Économique “EIG DiaGDirect”, located at 7 rue Mariotte 75017 Paris (France), and registered in the Paris Trade and Companies Register under the number C 442 434 973.
Article 1 – Purpose
YOU HAVE JUST LOGGED INTO THE WEBSITE TO COMPLETE YOUR REGISTRATION FORM. THE WEBSITE IS EXCLUSIVELY INTENDED FOR LEGAL ENTITIES OR NATURAL PERSONS OF LEGAL AGE WISHING TO PURCHASE PRODUCTS WITHIN THE FRAMEWORK OF THEIR PROFESSIONAL ACTIVITIES. YOU SHOULD CAREFULLY READ THESE WEBSITE’S GENERAL TERMS OF USE (“GTU”), COMMON TO ALL SUPPLIERS, WHICH GOVERN THE WEBSITE’S TERMS OF USE BY EACH CUSTOMER AND THE CONDITIONS UNDER WHICH THE SUPPLIERS ARE MAKING THE WEBSITE AVAILABLE TO CUSTOMERS.
All business relations resulting from orders placed on the Website shall remain governed by the respective general terms and conditions of sale of each Supplier and which the Customer acknowledges having read and understood.
BY REGISTERING ON THE WEBSITE AND USING IT, YOU AGREE TO COMPLY STRICTLY WITH THE GENERAL TERMS OF USE. IF YOU DO NOT WISH TO COMPLY WITH THE GENERAL TERMS OF USE, YOUR REGISTRATION TO THE WEBSITE WILL BE REFUSED AND YOU WILL NOT BE ABLE TO USE THE WEBSITE.
Article 2 – Website Terms of Use
The Customer cannot use the Website, i.e. to place an order on it or to track it, unless he/she has validated his/her registration with at least one supplier. By using the Website as well as when registering, the Customer agrees to (i) provide accurate, current and complete information about himself/herself as requested in the registration form and (ii) maintain and regularly update the registration data in order to keep it accurate, current and complete.
Following the registration procedure, the Customer shall choose and validate a login and a password allowing him/her to access and use the Website. The Customer is solely responsible for maintaining the confidentiality of his or her login and password and for all actions made under his or her account with his or her login and password, whether or not the Customer has effectively or expressly authorised their use.
The Supplier shall send the Customer a confirmation of registration by e-mail within 48 working hours from the time the Customer sends the registration form. The Supplier may justify a refusal if the Customer is not a professional and/or if the information concerning the Customer is inaccurate or incomplete.
Access to the Website is provided 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of EIG DiaGDirect, subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Website.
Article 3 – Order placing process on the Website
The Customer’s order is sent directly to the selected Supplier. As soon as an order is placed on the Website, each Supplier may provide the Customer with information concerning the order and its processing (including description, quantity, batch number and expiry date). The order placing process, made by successive data entry, permits the Customer to eventually modify his/her order before the final summary and permanent registration of the order.
The Customer will be able to modify his/her order once he/she has clicked on “Save your order”. The Customer will no longer be able to modify his/her order and will therefore be bound by it from the moment he/she has clicked on “Do you want to confirm the delivery of your order? It will not be editable afterwards”.
The Customer is bound by his/her order as soon as he/she clicks on “Do you want to confirm the delivery of your order? It will not be editable afterwards”. The data recorded on the Website’s server constitutes proof of all business transactions between the Customer and the Supplier(s).
The Supplier receiving the order shall inform the Customer as soon as possible of any difficulties encountered during the processing of the order placed by the Customer on the Website.
The Supplier chosen by the Customer indicates the status of the orders: order partially delivered, order delivered, order refused by the Supplier. The Customer agrees not to place an order identical to the one placed on the Website by another order channel (fax, telephone or mail). Otherwise, the price of any “double order” delivered shall be paid by the Customer to its Supplier.
Article 4 – Intellectual Property
EIG DiaGDirect and the Suppliers remain holders of all intellectual property rights relating to the Website (including but not limited to trademarks, trade names, symbols, designs and photographs). Access to the Website does not confer any intellectual property rights relating to the Website to the Customer. Under no circumstances may the Customer reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever or exploit in any way whatsoever, all or part of the Website. The insertion by the Customer of hypertext links on all or part of the Website is authorised, subject to the prior written consent of EIG DiaGDirect.
Article 5 – Suppliers Responsibility
The information on the Website will be updated periodically. However, the Suppliers and/or EIG DiaGDirect do not guarantee the accuracy or completeness of the information provided on the Website. The Suppliers and/or EIG DiaGDirect reserve the right to modify at any time and without prior notice the information (including prices and product descriptions) appearing on the Website.
Under no circumstances may the Suppliers and/or EIG DiaGDirect be held responsible towards the Customer and third parties for any damage, of any nature whatsoever, whether direct or indirect (in particular but not restrictively any loss of profits, interruption of activity, loss of information or data) resulting from the use or the total or partial impossibility of using the Website, even if the Suppliers and EIG DiaGDirect have been advised of the possibility of such damage.
The information displayed on the Website is provided “as it is” without any guarantee whatsoever. The Website may contain inaccuracies, technical errors, typographical or other errors. The Suppliers and/or EIG DiaGDirect may not be held liable for any errors or omissions appearing in the information mentioned on the Website or linked to the Website.
EIG DiaGDirect reserves the right, at its sole discretion and at any time, to modify, add or delete all or part of these General Terms of Use. Any changes to the General Terms of Use will come into force as soon as the information relating to such change is posted on the Website. Customers will be kept informed via the home page of the Website of any changes made to the General Terms of Use. The use of the Website by the Customer after the publication of changes will constitute acceptance of the aforementioned changes.
Furthermore, EIG DiaGDirect reserves the right to end the diffusion of the Website, to modify it, to suspend or interrupt its operation at any time, without being held responsible towards the Customer or any third parties.
EIG DiaGDirect reserves the right to suppress access to the Website to any Customer who does not comply with the present General Terms of Use.
Article 6 – Data Protection
EIG DiaGDirect constitutes a file containing information on Customers to enable EIG DiaGDirect to manage the corresponding Customers’ accounts. EIG DiaGDirect reserves the right to communicate and use these statistics (restrictively statistics on the number of visits to the website, the number of orders and the number of connections to the website) with CEGEDIM, in a non-nominative manner under the conditions set by law. The Customer gives its express consent to the creation of this file, containing all the information that the Suppliers may obtain relating to the use of the Website and the products. The Customer expressly agrees that the Suppliers may process personal data relating to the Website for the purposes of order management and tracking, subject to the application of the laws and regulations in force.
In accordance with current regulations on data protection, particularly the EU Regulation 2016/679, (“RGPD”) and the amended Data Protection Act, the customer has the right to access, rectify and erase as well as limit the processing and portability of data concerning him/her. Thus, the Customer may require that personal information concerning its own person be rectified, clarified, completed, updated or deleted. To exercise one of these rights, the person concerned must send a simple letter to EIG DiaGDirect, to the attention of Mr. The President of EIG DiaGDirect, 7 rue Mariotte 75017 Paris, France or send an e-mail to: contact@giediagdirect.com.
In order to facilitate your navigation on the Website and to optimise technical management, and in particular to enable the Suppliers to recognise each Customer when he/she logs on to the Website and to facilitate the management of his/her account. DiaGDirect may use “cookies”. The user is any natural or legal person in relation, whatever its nature, with the website. What is a “cookie”? A “cookie” is a small piece of information stored by a website in your computer’s Internet browser. This “cookie” can be retrieved during a subsequent visit to the same website. The majority of “cookies” only function for the duration of a session or a visit.
Recommendations
As a user, it is recommended that you accept cookies for optimal functioning of the website. However, each user is free not to accept them. The disclaimer allows you to express your consent to our cookies policy. By refusing this consent, you will still be able to access certain parts of the website, but some features may be limited or altered.
Article 7 – Dispute Settlement
ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS OF USE SHALL BE BROUGHT BEFORE THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY OR CONSERVATORY PROCEEDINGS, AND SHALL BE SUBJECT TO FRENCH LAW.
By clicking on “I accept the General Terms of Use”, you acknowledge that you have read and understood all the terms of the present “General Terms of Use”, and declare that you accept them without any kind of restriction.