1. Business France is the national agency supporting the international development of the French economy, responsible for fostering export growth by French businesses, as well as promoting and facilitating international investment in France. Its activities are listed in Article 1 of Decree No. 2014-1571 of December 22, 2014. 2. Business France was founded on January 1, 2015 by the Order n°2014-1555 of December 22, 2014 through a merger between UBIFRANCE, the French Agency for international development and Invest in France Agency. 3. Business France, including its foreign offices, offers its clients a wide range of products and services commercialized in various forms, such as online sales. 4. Such products and services are designed mainly, but not exclusively, for professional clients. 5. The client hereby represents that he has obtained all information required to use Business France’s products and services. GENERAL TERMS DEFINITIONS 6. For purposes of these general terms and conditions of sale, the following terms shall have the meaning set forth below: – “subscription”: subscription of the client to a service proposed by Business France, which is performed successively, such as the hotline, the access to the ProAO database (international projects and call for bids), the International monitoring letters, the Country Briefs, …; – “database”: set of organized information and data designed and realized by Business France in order to be used by the client ; – “passed for press”: validation by the client of the last impression of the document realized by Business France, before complete proof ; – “purchase order”: document that, if required due to the nature of the products or services or modalities of the order, summarizes the characteristics of the product or service ordered ; – “client”: any individual or legal entity, consumer or professional, buying products and services from Business France; – “order”: act by which the client orders products and services from Business France; – “consumer”: individual not acting as a professional trader; – “contract” means all contractual documents refers to article 12; – “related contractual document”: document which does not includes legal conditions and which, if required due to the nature of the products or services or modalities of the order completes, but does not prevail over, these general terms and conditions of sale as well as the particular terms and conditions of sale such as purchase orders, registration forms, subscription forms, …; – “events”: all events organized by Business France or in which Business France is involved, such as trade shows (exhibitions, pavilions,…etc.) and other events of any nature (seminars, symposiums, forums, workshops, meetings,…etc.); -“B to B meeting”: includes Business France services such as: market discovery, Buyers’ meeting, Forum Affairs, etc. Business France August 2019 – “individual services”: By opposition to the collective services, the individual services are those parameterized with regard to needs expressed by the Customer (MP, TSO, Studies, Monitoring, Direct marketing, etc.) – “services”: all Business France services, such as studies, consulting, direct marketing, organization of events, provision of databases…; – “products”: all products commercialized by Business France, such as editorial products (books, CD-ROMs, DVDs), directories, download documents…; – “professional”: any person acting in the course of his business activities; – “website”: interactive electronic service exploited by Business France on the Internet network; – “Business France”: national agency supporting the international development of the French economy and its foreign offices. PURPOSE 7. This document constitutes the general terms and conditions of sale applicable, barring exception duly reminded by Business France, to all of the business products or services of Business France, and no other documents, such as clients’ general terms of purchase, brochures, catalogues… shall apply. SCOPE 8.These general terms and conditions of sale do not apply to: – the relations ruled by Law n°2000-242 of 14th March 2000 relative to international internships (VIE) (“Volontariat International en Entreprise”) concerning the VIE himself/herself, on one hand, and concerning Business France and the French host entity, on the other hand ; – professional travels and stays. 9. The order of any products and services from Business France including services relating to VIE contractual relations implies the unreserved agreement by the client to these general terms and conditions of sale. 10. For each order, the client shall be deemed to have read and accepted these general terms and conditions of sale and, where applicable, any related contractual documents. 11. The client acknowledges that he is perfectly aware of the fact that the acceptance of these general terms and conditions of sale does not require his handwritten signature or a formal agreement and that such acceptance takes place when the order his placed which, depending on the circumstances, shall be materialized in: – a purchase on site (e.g.: when participating in an event); – the confirmation by a click of an order placed online by the client; – other (subscription form, signature of a purchase order, registration form, etc…). CONTRACTUAL DOCUMENTS 12. The contractual documents are, in decreasing order of priority: – Particular terms and conditions of a service; – these general terms and conditions of sale; – the related contractual documents if required due to the nature of the products or services or the modalities of the order. 13. The related contractual documents shall be deemed to include no legal provisions, but only information related to the order (price, quantity, denomination of the products or services, indicative delivery date…). 14. Notwithstanding the foregoing, in case of discrepancy between documents of different nature or rank, the parties expressly agree that the provisions contained in the document with the higher rank in the order of priority shall prevail with regard to the conflicting obligations. Business France August 2019 TERM/EFFECTIVE DATE 15. These general terms and conditions of sale apply from the date of the order and throughout the performance of the order. 16. As a rule, the applicable general terms and conditions of sale are the version of the terms and conditions of sale posted online on Business France website and in force at the time the order is placed. 17. That version shall prevail over any other subsequently modified versions, except that the modifications taking into account statutory and regulatory changes shall apply immediately to any ongoing order. 18. However, notwithstanding the foregoing, for the services involving a successive performance, Business France reserves the right to modify from time to time the general terms and conditions of sale as it would deem appropriate or useful, and such modifications will be applied immediately. 19. In such case, Business France agrees to inform without delay the client of the content of such modifications by any means as it may choose. 20. If the client disagrees with the new general terms and conditions of sale, he may terminate his order within a period of thirty (30) days without being entitled to claim any compensation whatsoever in that respect. Otherwise, the new general terms and conditions of sale shall be deemed accepted in their entirety. TIMETABLE 21. The time periods indicated for the performance by Business France of its commitments are indicative, except for those related to the organization of events. 22. Any time period begins to run the day following the day where the fact constituting the starting point of the time period occurs. 23. When the time period is expressed in days, day shall mean calendar day, and the time period shall expire at the end of its last day. 24. All time periods stated in these general terms and conditions of sale are expressed according to the French calendar. PRIOR INFORMATION 25. The client acknowledges that he has requested, obtained and received all necessary information and/or all additional information required to place his order with full knowledge of the facts. 26. The client further acknowledges that he is aware of the nature, intended use and terms of use of the products or services offered. It is the exclusive responsibility of the client to check that the products or services ordered meet his needs; the client shall therefore be solely liable for the choice he makes and Business France will not be held liable therefor. 27. It is the exclusive responsibility of the client to ensure that the products and services he orders are offered in, and in compliance with the laws of, the country where he is established. ORDER 28. The client certifies that the contractual information given for the order is accurate. 29. Depending of the products and services, orders may be concluded by electronic signature via an approved Business France service provider or by handwritten signature. 30. Any order (whether completed on line via electronic signature or not) constitutes a firm and irrevocable commitment from the client and may not be challenged. Any order cancellation, at any time, shall give rise to the Business France August 2019 payment of the entire service except any particularity mentioned in these general terms and conditions of sale or in any special conditions. 31. Business France reserves the right to refuse, cancel or suspend any order in the following events: – the client does not pay the sums due for one or more orders and/or if there is a dispute about the payment of a previous order; – the client does not (or does not anymore) meet the eligibility criteria to order products or services from Business France; – the client did not supply the information, documents or elements of any nature he was asked to supply for the proper performance of the order, or failed to comply with one or more of his obligations; Concerning the eligibility criteria for the assistance to the international development of companies and to exports, it is necessary to distinguish: • General terms of eligibility or “access” based on: o the France based activity of the line of business which requests Business France; i.e the legal entity is registered in France. o the contribution of this activity to French economy and Business France’ aims. These two general terms are cumulative. • Particular terms of eligibility to a (or a type of) service or product based on: o The vocation of the product or the service concerned; o The nature of the product or the service concerned. These conditions are either cumulative, or alternative, in between them. The particular terms, when implemented, cumulate with the general terms of eligibility pointed out herebefore. To enable Business France to appreciate the eligibility of the client to his services, taking into consideration terms above mentioned, the client brings the elements of analysis necessary to it, informs Business France of any change of situation that can affect his eligibility, and agrees to be subjected to Business France impact evaluation in filling the questionnaires of satisfaction and impact. Failing this, Business France will be founded to pronounce, automatically and at any time, the ineligibility of the client. 32. Business France agrees to inform the client as soon as possible in case the products or services ordered are unavailable. ONLINE SALE 33. The following paragraphs of this clause only apply to products ordered online on Business France website https://www.businessfrance.fr/ 34. The order process includes the following steps: – step 1: choice of the products or services; – step 2: filling out of the mandatory data fields related to contractual information; – step 3: filling out of the user name and password; – step 4: check of the order and correct any errors; – step 5: confirmation of the order and the total price VAT included, freight charges included; – step 6: acceptance of the general terms and conditions of sale (and waiver of the right of withdrawal in connection with editorial products for consumers only in accordance with Article L221-28-13 of the Consumer Code); – step 7: payment; – step 8: confirmation of the order by Business France. 35. It is the responsibility of the client to store on the medium of his choice the contractual information transmitted by Business France. Business France August 2019 36.When it is a consumer and in compliance with article L213-1 of the French consumer code, Business France keeps the written record of the order for an amount greater than or equal to 120 euros for a period of ten years from the delivery of the order concerned and guarantees access to it at any times during the same period. 37. The client can access to a summary statement of the order, in printable version, on his personal space accessible on Business France website by entering his user name and password. 38. The client may save and download these general terms and conditions of sale by clicking on the following link: http://www.businessfrance.fr/mentions-legales/ 39. If Business France does not accept the order and the payment, including in case of unavailability, the order shall be deemed cancelled and the client shall not be entitled to any compensation therefor. 40. The technical means used to identify errors are stated on Business France website. 41. The client is informed that Business France may not be held liable in case of damage caused during a payment made online, which are of the exclusive liability of the banking institution concerned. 42. The information posted online on Business France website in relation to products and services is not updated in real time. Business France cannot therefore warrant its accuracy. The client shall be exclusively responsible for the use he makes of such information and agrees to ask Business France to confirm it. 43. Business France will strive to publish accurate and updated information and correct errors reported to it as far as possible. 44. It is the responsibility of the client to take any appropriate measures to protect his data and equipment from virus and attempts to intrude in his computer system by third parties via the service. 45. The client acknowledges that his equipment is connected to the Internet network under his sole responsibility and, as a result, that Business France may not be held liable for any damage that may arise during his connection. Consequently, based on the foregoing, the client knowingly waives any action against Business France related to one or more of the above facts or events. 46. The client shall be exclusively liable for the tangible or intangible damage caused by himself or one of his employees to Business France website when using the service. 47. Business France reserves the right to modify, suspend, restrict or interrupt, without prior notice, access to all or part of the service, including in particular the content, functionalities or availability hours.