General Terms and Conditions of Sale and Use

Last updated: 23 April 2026

This is a courtesy English translation. In case of discrepancy, the French version shall prevail.

Article 1 — Legal Information

This website and related services are operated by:

TELQUANT
Société par Actions Simplifiée (SAS) with share capital of €20,000
Registered office: 18 avenue des Prés, 78180 Montigny-le-Bretonneux, France
SIREN: 100 408 129 — SIRET (head office): 100 408 129 00011
Registered with the Versailles Trade and Companies Register (RCS Versailles)
EU VAT number: FR17100408129
NAF/APE code: 70.10Z
Legal representative and publishing director: Bernard Ochs, President
Phone: +33 6 09 14 83 53
Email: bernard.ochs@telquant.net

Hosting provider: Gandi SAS, 63-65 boulevard Masséna, 75013 Paris, France — +33 1 70 37 76 61 — www.gandi.net.

Article 2 — Purpose and Scope

These general terms and conditions (hereinafter « GTC ») govern the contractual relationship between TELQUANT (hereinafter « the Provider ») and any legal entity or natural person acting for purposes within the scope of their commercial, industrial, craft, professional or agricultural activity (hereinafter « the Client »), ordering products or services relating to the design, management, operation and distribution of telecommunication software and equipment.

These GTC are addressed exclusively to professional clients. The Provider does not contract with consumers within the meaning of the French Consumer Code.

Any order implies unconditional acceptance of these GTC, which shall prevail over any purchasing conditions of the Client, unless expressly agreed otherwise in writing by the Provider. In accordance with Article L.441-1 of the French Commercial Code, these GTC constitute the sole basis of commercial negotiation.

Article 3 — Products and Services

The essential characteristics of the products and services (features, specifications, duration, licensing terms) are set out in the quotation, purchase order or product information sheet provided to the Client prior to the order. Commercial visuals and descriptions bind the Provider only to the extent of the information contractually agreed.

Article 4 — Orders

Orders become firm only upon written acceptance by the Provider (signed quotation, countersigned purchase order, or electronic confirmation). The Provider may refuse any order for legitimate reasons, including unavailability, prior non-payment or manifestly abnormal requests.

Article 5 — Prices

Prices are expressed in euros, excluding taxes. VAT and any other applicable taxes are those in force on the invoice date. The applicable price is the one stated in the accepted quotation or purchase order; prices displayed for future orders may be revised at any time.

Article 6 — Payment

Unless otherwise stipulated in the quotation or purchase order, payment is due within thirty (30) days from the invoice date, by bank transfer.

In accordance with Articles L.441-10 and D.441-5 of the French Commercial Code, any late payment shall automatically, without prior formal notice, give rise to:

  • late payment interest at the rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points;
  • a fixed recovery indemnity of €40;
  • where applicable, additional compensation, upon supporting evidence, if the actual costs incurred exceed this amount.

No discount is granted for early payment. In the event of late payment, the Provider reserves the right to suspend any order or ongoing service, without such suspension being regarded as a termination on its part or giving rise to any compensation.

Article 7 — Delivery and Transfer of Risk

Delivery or performance times are indicative and run from acceptance of the order and, where applicable, from receipt of the deposit. A delay shall not give rise to cancellation of the order or to damages.

Risk is transferred to the Client upon physical handover of the goods to the carrier. It is the Client’s responsibility, in case of damage or missing items, to file all reservations with the carrier in accordance with Article L.133-3 of the French Commercial Code.

Article 8 — Retention of Title

In accordance with Article L.624-16 of the French Commercial Code, the Provider retains ownership of delivered goods until full payment of the price in principal and incidentals. The transfer of risk nonetheless occurs upon delivery as set out in Article 7. In the event of non-payment, the Provider may reclaim the delivered goods, without prejudice to any other rights.

Article 9 — Warranty

The Provider warrants its products and services against any lack of conformity to the contractual specifications for a period of twelve (12) months from delivery, unless a different duration is stipulated in the contract or in the applicable licence.

The warranty is limited, at the Provider’s option, to repair, replacement of the defective item or refund of the price paid. Expressly excluded from the warranty are defects resulting from misuse, unauthorised modification, lack of maintenance, causes external to the product, or failure to comply with installation and usage recommendations.

The mandatory legal warranties under the French Civil Code, in particular the warranty against hidden defects (Articles 1641 et seq.), remain applicable under the conditions set by law.

Article 10 — Liability

The Provider is bound by a best-efforts obligation. Its liability may not be engaged for indirect damages suffered by the Client, including loss of data, loss of turnover, loss of business, loss of profit, loss of customers, damage to reputation or commercial prejudice.

Except in case of gross negligence or wilful misconduct, and subject to mandatory legal provisions, the Provider’s cumulative liability for all damages combined is limited to the amount excluding taxes actually paid by the Client for the service concerned during the twelve (12) months preceding the triggering event.

These limitations do not apply to personal injury or in case of fraud or gross negligence.

Article 11 — Intellectual Property

The website, software, documentation and all deliverables (texts, images, trademarks, logos, source code, databases) are the exclusive property of the Provider or its licensors, and are protected by the French Intellectual Property Code as well as by applicable international conventions. The « TelQuanT » trademark (INPI registration no. FR5238049) is the property of the Provider.

The delivery of software or equipment only grants a personal, non-exclusive and non-transferable licence to use, under the conditions defined in the contract or applicable licence. No transfer of intellectual property rights is presumed.

Any reproduction, representation, modification, adaptation or distribution, in whole or in part, by any means whatsoever, without prior written authorisation, is prohibited and constitutes infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.

Article 12 — Confidentiality

Each party undertakes to keep confidential any information identified as such by the other party, or which by its nature must be considered confidential, to which it may have access in the course of the contractual relationship. This undertaking shall remain in force throughout the term of the contract and for five (5) years following its expiry.

Article 13 — Personal Data

The Provider processes personal data of the Client’s representatives and contacts in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 as amended.

The data controller is TELQUANT. Data is processed for the purposes of order management, invoicing, client relations, compliance with legal and accounting obligations, and, where applicable, B2B commercial prospecting on the basis of legitimate interest.

Data is retained for the time necessary for the stated purposes and is then archived in accordance with legal retention periods (in particular ten years for accounting records under Article L.123-22 of the French Commercial Code).

Data subjects have the right to access, rectify, erase, restrict, object, port their data, and to define directives concerning the fate of their data after death. These rights may be exercised by email to bernard.ochs@telquant.net, subject to proof of identity. A complaint may also be lodged with the French Data Protection Authority (CNIL, www.cnil.fr).

Article 14 — Cookies

The website may place cookies on the visitor’s device. Cookies strictly necessary for the operation of the site are placed without consent. Other cookies (non-exempt audience measurement, personalisation, advertising) are placed only after prior consent, which can be withdrawn at any time via the preferences management module accessible on the site.

Article 15 — Force Majeure

Neither party may be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code, including: natural disaster, epidemic, war, riot, general strike, fire, interruption of telecommunications or electricity networks, or failure of a third-party supplier essential to performance. The affected party shall inform the other without delay.

Article 16 — Severability — Non-Waiver

If any provision of these GTC is declared null or unenforceable, the remaining provisions shall remain in full force. The fact that the Provider does not invoke a provision of these GTC at a given time shall not be construed as a waiver of its right to invoke it later.

Article 17 — Governing Law and Jurisdiction

These GTC are governed by French law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention).

In the event of a dispute, the parties shall endeavour to reach an amicable solution. Failing an agreement within thirty (30) days from the first written notification of the dispute, exclusive jurisdiction is granted to the Commercial Court of Versailles (Tribunal de commerce de Versailles), even in the case of multiple defendants, warranty claims, urgent or interim proceedings.

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