The purpose of these general terms and conditions of sale is to define the rights and obligations of APIDPM and its customers within the specific framework of the services offered on the www.lediam.com website.
In these general terms and conditions of sale of APIDPM, the following terms have, unless otherwise specified, the meaning given to them in this article:
These general terms and conditions of sale shall prevail over any clauses and conditions to the contrary that may appear in the general terms and conditions of purchase or any other document issued by the customer or third party. In the absence of express acceptance by the customer, any condition to the contrary will be unenforceable against APIDPM, regardless of when it may have been brought to its attention.
DIAM is a database of pharmaceutical and parapharmaceutical products marketed in certain African countries, made available to users. Customers mandate APIDPM to list their products in DIAM.
Products are registered by APIDPM on the basis of information supplied by the customer.
The customer must provide the following information required for the proper listing of its products:
As an option, the customer can provide the following elements:
Each presentation included in the contract will be registered in the DIAM by APIDPM, so that the user can consult it according to his search criteria during his consultations:
The registration of each presentation and its indexing in the various DIAM search engines is carried out by APIDPM on the basis of the elements transmitted by the customer, who assumes full responsibility for their accuracy.
The SPCs made available to users are a true copy of the SPCs supplied by the customer and adapted by APIDPM for reading on the various media offered by DIAM. Product photos are likewise supplied by the customer, who certifies their validity.
Any changes to indexing information, product photos and RCP will be made by APIDPM throughout the duration of the contract at the customer's request. Update costs will be specified in the contract.
Similarly, the customer is required to notify APIDPM of any discontinuation of a product or presentation in one or more countries covered by the DIAM.
Consequently, APIDPM may in no case and in no way be held responsible for errors or inaccuracies in the information indexed in the DIAM, nor for damages of any kind that may result from misuse of the products referenced.
Listing of parapharmaceutical products, medical devices and medical equipment:
As an option, the customer can supply the following items:
Each presentation/item included in the contract will be recorded in the DIAM by APIDPM, so that the user can consult it according to his search criteria during his consultations:
Each presentation/article is registered and indexed in DIAM's various search engines by APIDPM on the basis of information supplied by the customer, who assumes full responsibility for its accuracy.
The notices made available to users are a true copy of the notices supplied by the customer and adapted by APIDPM for reading on the various media offered by DIAM.
Product photos are likewise supplied by the customer, who certifies their validity.
Any modification of indexing information, product photos and notices will be carried out by APIDPM throughout the duration of the contract upon each notification from the customer. Update costs will be specified in the contract.
Similarly, the customer must notify APIDPM of any discontinuation of a product or presentation/item in one or more countries covered by DIAM.
Consequently, APIDPM may in no case and in no way be held responsible for errors or inaccuracies in the information indexed in the DIAM, nor for damages of any kind that may result from misuse of the products referenced.
APIDPM will carry out its mission in strict compliance with the quotation accepted by the customer. The customer undertakes to provide all documents and information required for the performance of the service, as specified in articles 2-1 and 2-2 of this document.
APIDPM will only begin to provide the service once it has received the contract and the information required to list the products.
The listing deadlines indicated are valid only within the limits of APIDPM's technical and human capacities to respond to orders.
For searches by INN, therapeutic classification, ATC classification and parapharmaceutical classification, products will be displayed in the order in which they are registered in DIAM.
Listed products will retain their position in the event of contract renewal. Products not renewed at the end of the contract will be removed from the DIAM. In the event of subsequent re-indexing, their display position will depend on the number of products already referenced in the DIAM database.
Declaring that a product is marketed in one of the countries covered by DIAM does not de facto make it eligible for DIAM. The main reasons for refusing to list a product are generally :
APIDPM reserves the right to refuse to index pharmaceutical, parapharmaceutical and medical device products without justification.
Furthermore, APIDPM reserves the right to limit the number of products registered for the same INN, which may result in a refusal to list.
APIDPM undertakes to use all the means and know-how at its disposal to carry out the services provided for in the contract, and guarantees that DIAM will operate correctly on the latest versions of the main browsers.
APIDPM undertakes to correct any bugs or malfunctions that may occur when using DIAM. If the customer observes a malfunction, he/she must inform APIDPM so that it can be resolved.
Due to the characteristics and limitations of the Internet, APIDPM may not be held liable for, in particular, difficulties accessing DIAM due to network saturation at certain times.
Under no circumstances shall APIDPM be held liable for any malfunction.
Our contractual obligations may be suspended in the event of unforeseen circumstances or force majeure, such as: theft or destruction of production equipment, total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers, as well as interruptions to transport, energy supplies, raw materials or spare parts.
APIDPM is bound to respect the confidentiality of all operations it carries out on behalf of the customer.
APIDPM will not make any personal use of the basic data, files and processing results without the customer's express authorization.
In general, documents or information entrusted to APIDPM by the customer, as well as the reports and documents resulting from their processing, are treated in the strictest confidence.
The contract is deemed concluded on the date of signature of the contract including approval of these conditions.
In the absence of these documents, the contract shall not be deemed concluded.
The contract is concluded for a period defined in the purchase order, starting from the date of its conclusion as set out in article 4.
Any denunciation must be made two (2) months in advance by registered letter with acknowledgement of receipt addressed to : APIDPM, 135, chemin de Canto Mai 83190 Ollioules, France.
In the event of termination of the contract, the products will be withdrawn from DIAM, but any sums incurred, whether or not paid by the customer, will remain due to APIDPM.
In the event of non-performance by the customer of any of its obligations, APIDPM reserves the right to suspend, without notice, all services provided, without this suspension giving rise to any right to compensation whatsoever.
All services marketed by APIDPM within the DIAM framework imply full and unreserved acceptance of these general terms and conditions of sale. No special condition may, unless formally accepted in writing by us, prevail over our general terms and conditions of sale. Any condition to the contrary imposed by the customer will therefore be unenforceable unless expressly accepted by us in writing. The fact that we do not take advantage, at any time whatsoever, of any of the present general conditions of sale may not be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
The prices of the services offered are those mentioned in the commercial proposal; they do not include taxes and are payable in euros as follows: 50% at the time of order and 50% at the end of the product registration operation in the DIAM database, unless otherwise agreed on the quotation. Prices are guaranteed without variation upon signature of the order.
The customer's signature on the quotation constitutes recognition of the commitment to pay the deposit.
The contract is signed for a period of 1 year from the date of the order form. Sixty days before the contract expires, APIDPM will inform the customer of the terms and conditions for renewal (price, addition or deletion of “product sheets”, etc.).
Customer orders are binding upon receipt of the order form.
Any incident and/or delay in payment on the due date will result in the application of a late payment penalty, as provided for by law 92-1442 of December 31, 1992, art. 3-1 al. 3, equal to one and a half times the legal interest rate on the sums due, as well as the invoicing of all the corresponding financial, administrative, formal notice and collection costs, without prejudice to the suspension and/or termination of the present contract.
In the event of a breach by either party of its obligations under the present clauses, not remedied within a period of thirty days from the date of the registered letter with acknowledgement of receipt, notifying the breach, sent by the other party, the latter may invoke the termination of the contract, subject to any damages to which it may be entitled.
In the event of amicable settlement, receivership or liquidation proceedings, provisional suspension of proceedings, bankruptcy or similar proceedings, the present contract will be terminated automatically, without notice, as from the decision of the competent court.
APIDPM reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.
The customer undertakes to inform APIDPM in writing of any change in his situation (in particular, change of address, change of direct debit, etc.).
y express agreement, orders for services are governed by French law. In the event of any dispute with either our suppliers or our customers, the Tribunal de Commerce (Commercial Court) shall have exclusive jurisdiction.
For the performance of the present contract, the parties respectively elect domicile:
Any dispute relating to the interpretation and execution of these general terms and conditions of sale shall be governed by French law. Failing amicable resolution. The Commercial Court of Toulon will have sole jurisdiction for any dispute relating to the interpretation and execution of a contract and its consequences, except in the case of exclusive jurisdiction elsewhere.
If any clause of these terms and conditions is found to be invalid or unenforceable by virtue of any law or regulation or as a result of an enforceable decision of a court or competent administrative authority, that clause shall be deemed unwritten and the remainder of the contract shall remain in full force and effect.
APIDPM reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, the rights and obligations arising from the present contract.
APIDPM reserves the right to modify these General Terms and Conditions (GTC) as often as necessary without obligation to notify each customer individually.
Last update of these terms and conditions: August 29, 2024
For further information, questions or advice, please contact APIDPM:
APIDPM
135, chemin de Canto Mai
83190 Ollioules - France
Phone: +33 4 94 63 24 99
e-mail : using the dedicated form or directly to the following address: info@santetropicale.com.
