These General Terms and Conditions of Sale are governed by Articles 1125 et seq. of the French Civil Code and the French Consumer Code. The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of Clean Horizon and the Client. They apply without restriction or reservations to the purchases made by end clients on the Clean Horizon website (www.cleahorizon.com) for purchasing products and services.
They also apply to other types of distance selling where distance selling is defined as any sales technique that allows the buyer to order a product without being present at the point of sale (telephone or mail orders).
These General Terms and Conditions of Sale take precedence over any marketing document, such as brochures and catalogues.
Clean Horizon reserves the right to adapt or modify these Terms and Conditions of Sale at any time. In case of modification, only the General Terms and Conditions of Sale in force on the day of the order shall apply.
In the case of online purchase of products and services at the website of Clean Horizon, the customer acknowledges having read and accepted, at the time of the ordering this Item, these General Terms and Conditions of Sale and has the possibility of saving it at any time on a durable medium by printing or downloading them, using the functions of the Website provided for this purpose.
Clean Horizon shall provide the clients, by email, after the conclusion of the contract and at the latest at the time of validation of the order, with these General Terms and Conditions of Sales.
1. Definitions
Clean Horizon: is the seller as defined in section 2. “Identification of the seller”
Client: is the entity defined in section 3. “Identification of the Client”
Product(s) and/or Service(s): designate(s) the purpose(s) of the General Terms and Conditions of Sale and is specified in section 4. “Content”
Duration: designates the validity period of the Service and is specified in section 4. “Content”
Website: designates the website of Clean Horizon, www.cleanhorizon.com
2. Identification of the seller
Sales subject to these general terms and conditions are operated by Clean Horizon Consulting, a private corporation registered at the RCS de Paris under the number 517 781 182 , SIRET number 517 871 182 0001, whose registered office is located at 21 rue du Faubourg Montmartre, 75009 Paris, VAT Number: FR60517817182.
The selling service of Clean Horizon can be reached by phone at +33 (0) 1 78 76 57 04 or by email: reports@cleanhorizon.fr (sales advice) or acconting@cleanhorizon.com (financial and administrative matters).
3. Identification of the Client
As for other services proposed by Clean Horizon Consulting, CHESS standard and premium offers is geared to professional clients. Any individual purchasing online products and services through the Clean Horizon Consulting website acknowledges to do so on behalf of a legal entity as a duly authorized representative. As a consequence, the Client is the represented legal entity and is bound by these General Terms and Conditions of Sale.
4. Products and Services
4.1. CHESS database:
4.1.1. Content of the service
Clean Horizon proposes two offers for subscribing to the CHESS database:
The CHESS standard offer, which includes an online access to Clean Horizon Energy Storage Source (CHESS) database (24 hours a day, seven days a week for all 365 days a year).
The CHESS premium offer which includes access:
An online access to Clean Horizon Energy Storage Source database (24 hours a day, seven days a week for all 365 days a year); plus
Personalized quarterly presentations of the latest trends of energy storage markets; plus
Access to Clean Horizon’s analysts for any questions related to the content of the CHESS database (Any inquiry not directly linked to CHESS will not be treated; in particular, no advice or consultancy of any kind will be provided related to tenders or direct purchase of storage assets)
4.1.2. Duration
The subscription to the Service lasts for a 12-month period starting at the date of service billing (not later than three – 3 – days after the online service purchase).
4.1.3. Renewal and reschedule
By default, the Service is automatically renewed on the Renewal Date, defined as the day following the last day of the Service Duration.
However, during the first 11 months of the Service Duration, the Client can opt out of automatic renewal by sending an email specifying this to: accounting@cleanhorizon.com or asc@cleanhorizon.com.
As a supplemental precaution to avoid unwanted automatic renewal, at the latest 2 months before the end of the Service Duration, the Client is reminded by Clean Horizon through an electronic mail of the end date of the Service.
Clean Horizon can opt out the Client from automatic renewal by notifying them by electronic email during the first 11 months of the Service Duration.
4.2. Update from The Field
4.2.1. Content of the service
The Update from The Field Service includes:
A monthly analyst note in PDF format which includes the following three topics:
Evolutions of regulations at the global scale
Projects announced and commissioned at the global scale, including tenders identified by Clean Horizon
A focus on a key trend selected by Clean HorizonThe analyst note is sent by electronic mail around the 15th day of each month.
Publication of the monthly analyst note will not take place during the month of August.
A monthly Highlights and Q&A webinar session which aims at presenting the monthly analyst note with an online presentation. The webinar is organized approximately 1 week after the analysts’ note is distributed. The analyst note is sent by electronic mail around the 15th day of each month. The webinar is organized approximately 1 week after the analyst note is distributed.
The webinar slides in PPT format and the recording of the webinar in MP3 format.
Access to Clean Horizon’s analysts for any questions related to the content of the analyst notes. Any inquiry not directly linked to Q&A on the analyst note will not be treated. In particular, no advice or consultancy of any kind will be provided related to tenders or direct purchase of storage assets.
Access to a shared XLS file (made accessible through a Dropbox invitation) featuring the headlines (including tenders) that Clean Horizon intends to analyse in its next analyst note. Unlike the analyst note, data in the XLS file is not eligible for Q&A and serves here to notify the Client of potentially time-sensitive information.
4.2.2. Duration
The subscription to the Service lasts for the whole Service Duration. If however the Service Billing date is posterior to the 15 th of month, the 12-month period constituting the Service Duration starts on the 1 st day of the month following the Date.
4.2.3. Renewal and reschedule
By default, the Service is automatically renewed on the Renewal Date, defined as the day following the last day of the Service Duration. However, during the first 11 months of the Service Duration, the Client can opt out of automatic renewal by sending an email specifying this to: accounting@cleanhorizon.com or asc@cleanhorizon.com
As a supplemental precaution to avoid unwanted automatic renewal, at the latest 2 months before the end of the Service Duration, the Client is reminded by Clean Horizon through an electronic mail of the end date of the Service.
Clean Horizon can opt out the Client from automatic renewal by notifying them by electronic email during the first 11 months of the Service Duration.
4.3. One-off reports
4.3.1. Description of the Product
Clean Horizon also proposes one-off reports:
Market Segment Watch reports which focus on a specific geographical area, a specific regulatory issue or a specific technology. The exact topic of the Market Segment Watch is described in the Table of Contents of the product page.
Monthly editions of the Update from The Field sold individually (annual susbcripion excluded)
4.3.2. Duration
Non applicable
4.3.3. Renewal and reschedule
Non applicable
5. Order
5.1. Capacity of the buyers
Only persons legally able to enter into contracts concerning the items offered by Clean Horizon Consulting on the Website may place an order. When placing an order, the Client must have the full legal capacity to adhere to these General Terms and Conditions of Sale. When paying by credit card, the duly authorized representative of the Client declares that she/he is fully authorised to use the said card.
5.2. Online orders
The list of items from Clean Horizon proposed in the context of distance selling is available on the Website.
Any order made on the Website warrants the Client’s full and unreserved acceptance of these General Terms and Conditions of Sale. The main steps for ordering are described below:
To place an order online, first select the items from the offers referenced on the Website. In accordance with the applicable legal provisions, each product sheet specifies the essential characteristics of the product and its price net of tax.
Pursuant to the applicable legal provisions, the Client can visualise its order in the cart listing the products ordered and their price and can modify or cancel the selection before making any payment.
When checking out, the Client must fill in its billing details and can opt out to create an account on the Website. In order to create this account and be identified, the Client must fill in all mandatory fields in the identification form available on the Website. The Client is responsible for maintaining accurate account information at all times.
According to the filled in billing details, the French VAT rate may apply and the final price to be paid will be displayed.
Order finalization requires full payment of the product price. To continue and finalize the order, the Client must click on “proceed to paypal”.
The Client must read these General Terms and Conditions of Sale and accept them before validating and paying for your order. By ordering and paying, the Client acknowledges having received all necessary information before confirming its order and accepting the General Terms and Conditions of Sale.
After confirming the contents of the order and having been informed that by validating the order, the Client agrees to pay the price, the Client will have to choose from the means of payment proposed by Clean Horizon Consulting and pay.
5.3. Order confirmation
Once the order has been validated, the Client will receive a confirmation email acknowledging receipt of its order, including the invoice and these General Terms and Conditions of Sale.
The items and their prices are valid as long as they are visible on the Website. The sale will be considered definitive once the duly authorized representative of the Client has completed payment and Clean Horizon has sent the order confirmation by email as mentioned in the first paragraph of this article.
6. Delivery terms
The delivery time of order is three (3) days starting from the date of the payment. An email will be sent to the address entered by the Client when processing the purchase: this email confirms the validation of the purchase. In the case of an online purchase of a Product, the Product is sent to the email address that was entered at the time of the order.
In the case of an online subscription to a Service, Login data (Subscriber ID and Password) are sent to the email address that was entered at the time of the order. The Client acknowledges and agrees that it is his/her responsibility to safeguard the Subscriber ID and Password from any unauthorized use. IN NO EVENT WILL CLEAN HORIZON BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF THE SUBSCRIBER ID OR PASSWORD.
In the event that the delivery time is exceeded, the Client may send an email to the Clean Horizon at reports@cleanhorizon.com and request Login data
7. Purchase Terms
7.1. Pricing (all amounts net of VAT)
The prices of the items appearing on the Website are indicated in euros net of taxes. Taxes are calculated based on the billing address indicated by the Client. The final prices include VAT at the rate in force on the day of the order.
Items are invoiced on the basis of the rates in effect on the day of validation of your order.
The prices displayed on the various media containing offers from Clean Horizon or its affiliate, in particular paper documents such as purchase orders and leaflets, may have a limited validity period. The Client must verify that the price is still in effect before placing your order.
7.2. In case individuals beyond Client’s employees benefit from the Product(s) and/or Service(s)
Only those individuals that are affiliated through employment contracts to the Client are allowed to benefit from the Product(s) and/or Service(s).
Individuals affiliated through employment or consulting contracts or any other contracts (including shareholders) to companies including, but not limited to, Client’s subsidiaries, affiliates, mother companies, holding companies or consulting companies working on behalf of the Client, are not entitled to benefit from the Product(s) and/or Service(s).
By allowing such individuals to benefit from the Service, the Client becomes automatically subject to additional billings in increments of the annual price per additional company benefiting from the the Product(s) and/or Service(s), in agreement with the current price of the Product(s) and/or Service(s) as set forth in these General Terms and Conditions of Sale.
7.3. Late fees
Late fees will be due from the first day immediately after the payment due date and will consist in the sum of a processing fee and of a variable late fee:
Processing fee: 40 € (net of VAT) for each invoice whose payment occurs after the payment date
Variable late fee: 15% annual rate on the invoice amount inclusive of French VAT (that is, 1.20 times the amount of the invoice), the amount of late fees itself being not subject to VAT. The interest will be accrued daily through a linear formula such that, for Nlate days, the variable late fee is:
N*15%/365*(invoice amount net of VAT* 1.20)
Example:
For a 25 000€ (net of VAT) invoice due April 30 th and paid on June 14 th :
– The processing fee is 40€
– The payment occurs N=31+14=45 days late so the variable late fee is 45*15%/365*(25000*1.20)= 554,79€
The total late fee is thus: 594.79€ = 40€+554.79€, VAT is not applicable to this amount.
8. Terms of payment
Services will not begin and Products will not be delivered until the full payment is received. Payment for purchases on the Website can be made by PAYPAL oat the time of the order.
The Client will be asked to do so through a Paypal account and indicate its card number, the expiration date and the cryptogram (the last three digits on the back of your credit card) during the payment process – these data being not stored on the Website. The collection of some of the Client’s personal data is therefore mandatory for this purpose. Failing that, the transaction could be delayed or made impossible, and the order cancelled. The order is shipped after checking the payment method and receiving the debit authorisation from Paypal.
Clean Horizon reserves the right to refuse any delivery in case of refusal of authorisation of payment by Paypal, in case of non-payment and in case of legitimate reasons to doubt your means of payment.
Base on the billing details indicated by the Client, an electronic invoice will be sent to the Client via the email address that was entered at the time of the order.
9. Limitations
Clean Horizon declines any form of responsibility, including legal and financial responsibility, on the use of the Products and/or Services or of any information produced or procured by the Products and/or the Services that would be made by the Client.
Clean Horizon will not transfer any intellectual property rights on the Products and Services (or on any parts of the Services) which can thus not be shared, given, sold or licensed by the Client to any other third parties.
These General Terms and Conditions of Sale are written in English under French law and any conflict which may arise between Clean Horizon and the Client will be brought to the Paris Commercial Court (“Tribunal de Commerce de Paris”)
By signing this Contract, the Client agrees to all its terms and confirms the order of the Service described in the present Contract, including the pricing and terms of payment.
10. Termination / Plan Change / Refund Policy
Once purchased, no Product will be refunded.
Regarding Services subscribed online, Clean Horizon may terminate the Service under the following circumstances (non-exclusive list):
Non-payment of the Service
The Client is in breach of any term or condition of this Agreement
The Client’s use of the Service disrupts Clean Horizon Consulting business operations or affects any other party
All Client data is removed from Cleanhorizon.com servers for such terminations.
The Client may request account termination or hosting plan changes at any time by contacting our Sales Service team either through phone or email. Our contact information can be found on the Support page of our website: http://www.cleanhorizon.com/contact-us/
When submitting its cancellation request, the Client must provide the correct username and password for its account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
In case of early termination, no refund will be granted.