Company
Resources
TYVA Energie
P.A. Marenton 3
11 rue des Sources, 07100 Annonay | France
+33 4 26 30 80 79
The following General Terms & Conditions of Sale and Service Provision are automatically applicable to all sales of its products and any service rendered by TYVA Energie to its professional buyers (hereinafter referred to as the “Clients”). TYVA Energie supplies its Products exclusively to private-sector professionals, legal entities, or public law organizations. TYVA Energie does not sell or deliver to consumers.
Therefore, these General Terms & Conditions of Sale are directed solely at professionals. Furthermore, they do not apply to demonstrators, prototypes, designed and/or manufactured by TYVA Energie, one of its partners, and/or subcontractor for the Client, which will be subject to Specific Agreements.
These General Terms & Conditions of Sale, combined with any Specific Conditions or other contractual documents (quotes, purchase orders, etc.) possibly signed between the Parties, represent the full obligations of the Parties. They form the sole foundation of the business relationship between the Parties, and in this regard, the Client is deemed to accept them unconditionally.
These General Terms & Conditions of Sale prevail over any other document, especially over any general purchasing conditions. They apply without limitation or reservation to all sales/services of the same category unless there’s an explicit contrary provision from TYVA Energie. In the event of a discrepancy between various documents, the superior document will prevail regarding the obligation in question unless otherwise expressly agreed between the Parties.
TYVA Energie and the Client agree that these General Terms & Conditions of Sale exclusively govern their relationship. TYVA Energie reserves the right to modify its General Terms & Conditions of Sale occasionally.
These General Terms & Conditions of Sale are made available to any Client upon request, enabling them to place an order.
TYVA Energie reserves the right to deviate from certain clauses of these terms based on negotiations conducted with the Client by establishing specific sales conditions.
These General Terms & Conditions of Sale may be subject to changes, but the current conditions are applicable to orders placed before any possible amendments.
Any other document than the General Terms & Conditions of Sale and the Specific Conditions, including any catalog, brochure, advertisement, visuals issued by TYVA Energie, as well as the contents of its websites, are merely indicative and informative, not contractual.
These General Terms & Conditions of Sale aim to define the rights and obligations of the Parties in the context of sales/services offered by TYVA Energie to the Client.
The Client places their order after validating the quote proposed by TYVA Energie, once a Specification Sheet has been developed and regularized. Each quote is accompanied by these General Terms & Conditions of Sale. Said quote is valid for 1 week from its issuance and is prepared free of charge. Validating the quote converts it into Specific Conditions, and the Client’s order submission to TYVA Energie will attest to the Client’s acceptance of these General Terms & Conditions of Sale. This order must be placed in writing or communicated via email to TYVA Energie, directly to the sales contact or at the following email address: info@tyva-energie.com
The Client commits to ensuring that the person placing the order is authorized to do so with TYVA Energie. TYVA Energie cannot be held responsible for any dispute arising from orders placed by an unauthorized individual.
In case of changes to the confirmed order made by the client, TYVA Energie will no longer be bound by the initially agreed upon execution timelines.
For any service physically performed at the Client’s premises, or in premises provided by the Client, the service delivery address must be specified on the order and/or quote.
Any signed order or quote signifies acceptance of the proposed prices and descriptions of services.
In certain situations, including but not limited to non-payment, incorrect address, or other issues related to the Client’s account, TYVA Energie reserves the right to hold the Client’s order until the issue is resolved.
If the service provision becomes unfeasible, the Client will be informed via email. The order for that service will then be cancelled, and any potential refund will be processed, with the remainder of the order remaining firm and final.
Contractual information will be confirmed via email at the latest by the start of service provision, to the address provided by the Client in the order form.
The services governed by these General Terms & Conditions of Sale are offered subject to TYVA Energie’s capabilities.
The services are described and presented as accurately as possible. However, if errors or omissions have occurred regarding this presentation, TYVA Energie’s liability cannot be engaged.
Due to the administrative costs of processing orders, it’s not possible to record direct orders below three hundred (€300) euros excluding VAT (shipping fees not included). Such orders can be placed directly on the website mytyva.com, subject to product availability.
Any tooling costs and their potential supply for a custom manufacturing remain entirely the responsibility of the Client.
To prepare a quote, TYVA Energie relies on the technical elements provided by the Client in the document titled “Specification Sheet FE-048-09” for sizing, programming, and battery testing. If one or more pieces of information are found to be different or incorrect between the “Specification Sheet FE-048-09” and the Client’s technical requirements upon delivery, TYVA Energie cannot be held responsible for the malfunctioning of the products sold. Time and components needed for technical adjustments will be subject to an additional quote.
TYVA Energie reserves the right to cancel an order, even after confirmation, if the payment guarantees offered by the Client appear insufficient. In such cases, no compensation can be claimed from TYVA Energie.
Upon receipt of the order, TYVA Energie will issue an invoice in a single copy, sent to the Client by email to the address provided at the time of the order, which the Client expressly accepts.
The invoice will include details specified under Article L. 441-9 of the Commercial Code.
The prices of sales and services are established in the Specific Conditions on the date of the order. These prices are, as of that date, firm and definitive unless considering price indexing (see below). They are quoted in euros and stated excluding VAT, with delivery and packaging costs not included. Consequently, they will be increased by delivery and packaging fees, the VAT rate applicable on the order date based on the Client’s domicile country, and any newly instituted tax.
The prices stated in the Specific Conditions will be revised at the time of their payment by applying the following price indexing clause:
IB = ( (65*ICE)/ICE0+ (15*ICU)/ICU0+(11*IEL)/IEL0+(9*IAL)/IAL0) / 100
IB = ?
ICE = Cells: INSEE CPF 27.20 index with a 65% weighting: https://www.insee.fr/fr/statistiques/serie/010605043
ICU = Copper: INSEE Copper Grade A LME index with a 15% weighting: https://www.insee.fr/fr/statistiques/serie/010002094
IEL = Electronic Components: INSEE CPF 26.1 index with an 11% weighting: https://www.insee.fr/fr/statistiques/serie/010534690#Tableau
IAL = Aluminum: INSEE Aluminum LME index with a 9% weighting: https://www.insee.fr/fr/statistiques/serie/010002041#Tableau
At any given time, the formula mentioned above constructs the IB index as follows:
These values will remain constant throughout the validity of the Specific Conditions unless INSEE revises the base of the indices.
If IB is below 0.98 or above 1.02 at the receipt date of an order set, the price of Products in that set is the one defined in the Specific Conditions multiplied by IB.
By mutual agreement, product prices are automatically indexed without prior notice. Indexing occurs with each order set received, referencing the aforementioned IB index.
TYVA Energie’s delay or failure to implement the indexing clause doesn’t constitute its waiver to apply said clause for both past and future payments.
If the reference index isn’t known on the adjustment date, product prices remain unchanged, subject to retroactive regularization from the adjustment date.
If the chosen index ceases to be published or cannot be applied for any reason, adjustments will be made based on a replacement index that is then published, if necessary, applying the required connection coefficient. In the absence of an agreement between the Parties, the replacement index will be determined by an arbitrator chosen by the Parties. If they cannot agree, the President of the relevant Commercial Court will make the determination. This arbitrator will make a final decision, not subject to opposition or appeal.
Additionally, where applicable, expenses incurred for travel, subsistence, and accommodation while providing services will be billed. The current VAT rate, if applicable, will be added to fees and outlays.
Unforeseen delays or other problems, beyond TYVA Energie’s control, may result in additional fees and may be subject to supplementary invoicing. TYVA Energie commits to inform the Client promptly about such delays and/or issues to jointly assess their implications.
Invoices will be issued corresponding to the sales/services provided and for expenses incurred, progressively, as they occur.
However, under certain circumstances, TYVA Energie may need to issue invoices for forthcoming services or deliveries to secure a deposit immediately upon ordering. This is especially the case for specific tasks (like prototyping), the need to stock up on raw materials, or in consideration of previous unpaid amounts by the Client. This provision must be expressly stated in the Specific Conditions. Both parties acknowledge and accept this practice. In the context described above, it is deemed justified and cannot be considered as creating a significant imbalance between the rights and obligations of the Parties.
No discounts will be granted to the Client for early payment.
The Client may be eligible for discounts and rebates as stated in TYVA Energie’s quotations, depending on the volume and/or frequency of ordered sales/services. In the context of promotional offers, TYVA Energie may agree to a price reduction for specific types of clients and only within the promotional period specified by TYVA Energie.
Payment for orders is due immediately unless otherwise stipulated in the Specific Conditions (in such cases, the payment term must not exceed 30 net days from the issuance of the invoice). Payment can be made by check or bank transfer to TYVA Energie’s account. TYVA Energie’s banking details will be provided in the quotation.
TYVA Energie expressly reserves the right to decline any order from a Client who has not fully or partially paid for a previous order, or with whom there is an ongoing payment dispute.
Under no circumstances can payments owed to TYVA Energie be suspended, reduced, or offset without TYVA Energie’s written agreement.
In the event of payment by check, an administrative fee of thirty euros (€30) inclusive of tax may be charged to the Client. Checks are only considered as payment upon their successful cashing.
Any delay in payment will result in the immediate demand for all sums owed to TYVA Energie by the Client, without prejudice to any other action TYVA Energie might be entitled to initiate against the Client.
Should a payment not be made by its due date, penalties equal to three times the prevailing legal interest rate as of the order date will apply from the first day of delay. However, these penalties will only become due after receiving a formal notice sent by registered mail with acknowledgment of receipt.
In line with the provisions of the Commercial Code, any payment delay automatically results, beyond these delay penalties, in an obligation for the debtor to pay a fixed compensation of forty euros (€40) for recovery costs.
In the event of legal action for recovery, in addition to the reimbursement of expenses (registry fees, bailiff costs, etc.), TYVA Energie will be entitled to an indemnity to cover legal representation expenses. This indemnity will be no less than €700 for a payment injunction, €1200 for summary proceedings, and €2000 for main proceedings (the same applies for appeals).
Any payment made to TYVA Energie is credited against the oldest outstanding amounts owed, regardless of the cause.
If the price isn’t paid when due, TYVA Energie can rightfully terminate the sale 30 days after a formal notice remains without effect, without prejudice to any damages and interest TYVA Energie may claim. The termination of the sale is accompanied by a penalty clause as compensation, constituted by the payment of the sale price. Furthermore, TYVA Energie reserves the right to suspend all other ongoing orders from the Client.
Moreover, a payment delay exceeding twenty (20) working days will automatically alter the Client’s payment terms to “payment upon order.” Any other payment condition stated in the Specific Conditions or negotiated with the Client will be nullified until full payment of outstanding amounts.
Products sold by TYVA Energie to the Client remain the full and complete property of TYVA Energie until the Client has made a full and effective payment of the price. In the event of non-payment by the due date of invoices issued by TYVA Energie, the latter reserves the right to reclaim the invoiced items under the provisions of articles 115 and following of law no. 85-98 of January 25, 1985, as amended. The invoiced items are expressly subject to this retention of title clause. However, the risk associated with the products transfers to the Client upon delivery.
Should the Client fail to comply with any clause of the General Sales Conditions, Specific Conditions, especially in the event of non-payment of the full or partial price as agreed, or non-compliance with obligations, TYVA Energie reserves the right to terminate the ongoing contract without notice or compensation. Such termination will take effect one month after the sending of a notice that remains wholly or partially unsuccessful. TYVA Energie also has the right to suspend the execution of the contract, and the Client cannot claim any compensation. Termination, in all previously mentioned cases, results in the immediate due of all amounts owed by the Client to TYVA Energie, who commits to settle these amounts promptly.
Except in cases of force majeure, intervention times will be, subject to TYVA Energie’s availability, those specified in the quote. Execution times start from the order registration date indicated in the order confirmation email.
Should there be any delay, TYVA Energie’s liability will not be engaged for any reason. Therefore, no claim for compensation of any kind can be made by the Client.
If TYVA Energie is unavailable to deliver the service, the Client will be informed at the earliest convenience and will have the option to cancel their order. The Client will then have the option to request a refund of the amounts paid, which will be made within a maximum of 30 days from their payment date.
The implementation will only commence, or the delivery will only be scheduled once TYVA Energie’s banking institution confirms the payment of the initial deposit.
The delivery or service is provided within the maximum time frame stated in the quotation and confirmed in the order confirmation email.
Any delay exceeding twice the maximum duration specified in the quotation may lead to the termination of the sale. Potential deposits made will then be returned to the Client. However, if the Client fails to fulfill its obligations as outlined in Article 15 of these General Sales Conditions, no refund will be due to the Client.
Should the payment conditions described above not be met, TYVA Energie can suspend or cancel the delivery/service. The given timeframe is also automatically suspended by any event beyond TYVA Energie’s control, resulting in a delivery delay. In any case, TYVA Energie cannot be held responsible for delays or non-delivery attributable to incorrect information provided by the Client during the order process.
TYVA Energie delivers its Products globally. However, countries listed in the following “Delivery Exceptions” are excluded. TYVA Energie reserves the right to modify this list.
Delivery Exceptions: Syria, Iran, Myanmar, North Korea, Cuba, Sudan, Democratic Republic of the Congo, Russia, Ukraine, Belarus, Somalia, Zimbabwe.
Delivery can be made:
Unless otherwise stipulated in the quotation, Products are deemed delivered as soon as they’re made available to the Client, at the destination on the arriving transport mode, without being unloaded (DAP) to the delivery address mentioned in the quotation.
The Client is responsible for customs formalities, payment of duties and taxes due to the import, and the unloading of goods at the destination.
If the Products are delivered by direct handover to the Client (EXW), it’s the Client’s responsibility to adhere to all safety and transportation guidelines provided by TYVA Energie. From the moment the Client takes charge of the Products, TYVA Energie cannot be held accountable for any damage to the Products, the Client, or third parties, except in cases of negligence or severe fault.
Any futile journey by TYVA Energie due to an incorrect or incomplete address will be billed to the Client. The Client ensures accessibility to TYVA Energie, especially if they are not personally present on the day of delivery/service completion.
TYVA Energie reserves the right to select the packaging based on the current regulations for goods transportation. Please contact TYVA Energie for the current regulations regarding lithium-ion battery packaging.
If the packaging is designated, at the time of the quotation, as remaining the property of TYVA Energie, it must be returned by the Client, prepaid, to the shipping location within thirty (30) days from delivery. Any packaging owned by TYVA Energie and damaged by the Client or carrier will be billed to the Client.
Upon receipt, the Client must verify that the delivered Products match the ordered Products and that there are no visible defects. If the Client makes no claims or reservations on the day of receiving the Products regarding these issues, the said Products can neither be returned nor exchanged, following the provisions of Article 1642 of the Civil Code.
Should there be any visible defects or if the delivered Products do not conform to the ordered ones, and the Client notes this within twenty-four (24) hours of receiving them, TYVA Energie commits to replacing the delivered Products with new Products identical to the order.
The practical terms for returning and replacing the delivered Products will be communicated to the Client as necessary. The costs related to returning the defective Products and delivering the new ones are borne entirely by TYVA Energie.
TYVA Energie’s commitments are based on a duty of care, whereby services will be performed strictly adhering to the prevailing professional standards and, where appropriate, in line with the terms of the contract. To this end, TYVA Energie will assign professionals with the necessary expertise to execute the services, ensuring they meet its quality standards.
TYVA Energie guarantees that the delivered goods or provided services align with the expectations specified by the Client in the framework of the Specifications Document.
However, TYVA Energie does not guarantee that the deliverables comply with the regulatory interpretations of the competent authorities in the concerned countries. Countries for which the Products are not approved include: Syria, Iran, Myanmar, North Korea, Cuba, Sudan, Democratic Republic of the Congo, Russia, Ukraine, Belarus, Somalia, Zimbabwe. TYVA Energie reserves the right to modify this list.
Unless otherwise stated, and without prejudice to the statutory warranty obligation or due to hidden defects as per Article 1641 of the Civil Code, TYVA Energie provides a warranty from the delivery of its Products. This warranty exclusively covers the repair or replacement of Products deemed defective.
This warranty begins upon the Products’ delivery (considered delivered upon handover to the carrier) and continues for a period specified in the Special Conditions.
Claim: To activate this Warranty, the Client must notify TYVA Energie of the alleged defects in the Products, providing all necessary evidence. Additionally, the Client must include proof of purchase of the relevant Products, such as the list of serial numbers for each battery as provided by TYVA Energie.
The Warranty claim must be made directly on TYVA Energie’s website at the following address: https://tyva-energie.com/en/support/
Upon receiving the Warranty claim, TYVA Energie will acknowledge its receipt and provide the Client with safety instructions regarding the transportation and packaging of the Products to be returned.
No Product returns that haven’t undergone the Warranty claim process will be accepted by TYVA Energie. Similarly, no Product should be returned before TYVA Energie acknowledges the claim. Any Products returned this way will be sent back by TYVA Energie, with transportation costs borne by the Client.
Under no circumstances will the submission of a Warranty claim entitle the Client to any delay in payment, price reduction, or commercial discount, even if TYVA Energie confirms the Products’ defectiveness.
Returning Defective Products: From the moment the Client receives acknowledgment of the Warranty claim from TYVA Energie, the Client has fifteen (15) working days to return the Products to TYVA Energie, using the product handover date to the carrier as a reference.
The Client bears the round-trip transportation and packaging costs. The Client should keep the original packaging (crate, box, sachet, vermiculite, etc.) or obtain suitable packaging to ensure the Products are transported following the current ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road) regulations, specifically special provision 376 and packaging for class 9 defective products, which can be viewed at: https://mytyva.com/reglementation-pour-le-transport-des-batteries-lithium-ion/
The Products are transported at the Client’s risk, who assumes full responsibility. TYVA Energie cannot be held liable for any damage caused to the Products during their return transit.
Evaluation: From the reception of the returned Products, TYVA Energie has fifteen (15) days to determine, through a diagnostic, whether the returned Product is indeed defective.
If returned outside the warranty period, this diagnostic will be charged to the client at a rate of 80€ HT/hour (this rate will be revised on the 1st of January each year).
If TYVA Energie confirms the defectiveness of the returned Products, it will, at its discretion, either repair or replace the defective Products, or if these options aren’t feasible, refund the defective Products.
Should the returned Products’ defectiveness not be confirmed after TYVA Energie’s diagnostic, the Warranty will not apply. The Products will then be returned to the Client at their expense and risk, with no entitlement to any compensation. The diagnostic results and reasons for not accepting the products under warranty will be digitally conveyed to the Client.
If TYVA Energie validates the product warranty, the client can request a refund of transportation costs. TYVA Energie commits to processing the refund within a maximum of 30 days.
TYVA Energie does not guarantee that the services rendered or products sold are suitable for specific needs or objectives of the Client that were not contractually specified.
Under no circumstances will TYVA Energie be held liable for the consequences of improper or unsuitable use, or any damage resulting from the handling of the Products, their integration into a set, their combination with other suppliers’ products, their transportation, or storage.
Specifically excluded from any remedy are intangible damages, including but not limited to: loss of profits, sales, margins, revenue, loss of orders, clients, operations, data, files, evidence, harm to brand reputation, or actions by third parties.
Furthermore, TYVA Energie’s liability will not be engaged in the following cases:
TYVA Energie is not liable for indirect damages, nor for loss of profit, lost opportunity, or anticipated benefits, nor for the financial consequences of potential actions brought by third parties against the Client.
In all cases of damage, TYVA Energie will be liable under common law and up to the limits of its Civil Liability insurance.
The Client must approach the relevant courts within one year from the non-performance, failing which they will be barred from action.
The provisions of this clause will continue to apply even in the event of resolution or termination of the contract, regardless of the reason.
The entire liability of TYVA Energie, concerning any breach, negligence, or fault identified during the execution of services, will be capped at the amount of the net sums received concerning the implicated sales/services to cover all types of claims (interests and fees included), regardless of the number of actions, grounds invoked, or Parties involved in disputes.
This stipulation will not apply to liability for death or bodily injury or any other liability which the law prohibits from excluding or limiting.
TYVA Energie’s liability can only be invoked in the case of proven fault or negligence and is limited to direct damages, excluding any indirect damages of any kind.
The Warranty notably does not apply to:
Minor differences between the product photos on the website and the delivered products cannot be grounds for holding TYVA Energie liable. Additionally, TYVA Energie reserves the right to make any modifications it deems beneficial or appropriate to its products without an obligation to apply said changes to products already delivered or on order.
The capacity and nominal energy of batteries are provided for reference only and are not contractual. They can vary depending on usage, operating and storage temperature, and technical specifics of the cell manufacturers.
TYVA Energie is covered by an insurance policy that guarantees its professional liability for all obligations it undertakes. Upon the Client’s request, TYVA Energie commits to provide evidence of this coverage by furnishing a certificate detailing the subscribed guarantees, their amounts, and their validity periods.
The Client commits to actively cooperate with TYVA Energie, ensuring that all necessary means, documents, and information are provided promptly to facilitate the execution of the ordered services or any other requests made by TYVA Energie at any given time.
The Client pledges to strictly adhere to TYVA Energie’s guidance, especially the usage conditions, and any subsequent instructions issued by TYVA Energie.
To support the effective delivery of services, the Client commits to:
TYVA Energie strictly prohibits the use of its Products in the following applications:
*Except with express written authorization from TYVA Energie.
TYVA Energie reserves the right to update this list.
In accordance with these terms, the Client commits to reading the user manual before any electrical and mechanical assembly of TYVA Energie products and to adhere to the following safety guidelines:
If applicable, under the hierarchical and disciplinary authority it exclusively exercises over its staff, said staff will remain under TYVA Energie’s effective control throughout the complete execution of the services.
When working on the Client’s premises or premises provided by the Client, TYVA Energie or its subcontractor(s) commit to adhering to hygiene and safety regulations communicated by the Client, provided that their personnel or subcontractor(s) receive equivalent protection to that of TYVA Energie’s employees.
TYVA Energie or its subcontractor(s) guarantees the regularity of its personnel’s situation concerning articles L. 1221-10 and following and L. 3243-1 and following of the labor code. TYVA Energie also certifies compliance with articles L. 8221-1 and L. 8221-2 of the labor code, related to combating hidden labor, as well as provisions of Book III, Title IV of the labor code.
For the duration of the services and for one year after completion, the Client commits not to solicit or attempt to hire (or assist anyone in doing so) any TYVA Energie employee or subcontractor they had contact with during the service execution. In case of violation, the Client will owe TYVA Energie, as a penalty clause, an indemnity equal to one year of the last gross salary of the person hired or the amount billed for the subcontractor’s service.
This clause can be waived through a written agreement between both parties.
Each Party agrees not to disclose the confidential information received from the other Party.
Confidential information refers to any information, whether visual or oral and on any medium, related to the structure, organization, business, internal policies, projects, and personnel of either Party. Except for the exceptions mentioned below, this confidentiality obligation will remain in effect for a period of 20 years from the date of delivery or the end of the services. The content of the services, as well as reports, correspondence, information, notes, and quotations provided by TYVA Energie during the execution of the services, are also considered confidential. These documents are shared with the Client for strictly internal use and must not be disclosed to third parties or attached to any document they may produce. If the Client wishes to disclose or use all or part of these documents to/for a third party, they must request prior written permission from TYVA Energie. Terms for such disclosure will then be established.
The obligations and restrictions mentioned above do not apply to:
Subject to its confidentiality obligations, TYVA Energie reserves the right to provide or perform services for companies that compete with the Client’s business.
The Client acknowledges and agrees:
Should one of TYVA Energie’s services or the use of delivered elements involve third-party intellectual property (such as goods, designs, photographs, etc.), TYVA Energie will inform the Client about these rights and the consequences of their use. It will then be the Client’s sole responsibility to take measures allowing the use of such rights, especially by negotiating the usage rights on their behalf in such a way that TYVA Energie can benefit from them for the services.
For its services, TYVA Energie may use or develop software, spreadsheets, documents, databases, and other digital tools.
In some cases, these tools may be made available to the Client upon request. As these tools have been developed specifically for TYVA Energie’s needs and not considering the Client’s specific needs, they are provided to the Client “as is” without any warranty, solely for use, and should not be distributed, shared, or communicated to third parties in any form. This temporary provision does not grant any rights or warranties to the Client or third parties.
TYVA Energie retains all rights, title, and interest in:
The Client may use elements designed by TYVA Energie and integrated into its services without any geographical limits, free of charge, and irrevocably for the duration of copyright protection. The Client is prohibited from distributing, marketing, or making these available, or granting the use of these elements to third parties without TYVA Energie’s consent.
Neither Party may use or mention the other Party’s name, trademarks, logos, or any other designation without the latter’s prior written consent. Exceptionally, TYVA Energie may use the Client’s name, trademarks, and logos during the contract as strictly necessary for executing the services, including in future sales/service proposals. Additionally, upon completion of deliveries/services, the Client allows TYVA Energie to mention its name as a reference and, if needed, provide a generic description of the services provided and feedback on the executed service.
TYVA Energie will retain the original documents provided and will return them to the Client upon request. All documents, data, or information provided by the Client remain the Client’s property.
TYVA Energie will keep copies of only those documents necessary for its working files. Work documents created during the services are TYVA Energie’s property and are confidential.
If a conflict of interest or an independence issue arises during the sales/service execution, TYVA Energie will promptly notify the Client and seek the most appropriate solution in compliance with relevant regulations. More specifically, if a regulatory or professional standard change prevents TYVA Energie from continuing its services, it will provide the Client with the service results and all documents required for their completion, including its current documents, to facilitate the continuation by a third party.
TYVA Energie reserves the right to assign all or part of the service execution to service providers who meet the same qualification requirements.
If the service requires specific technical skills, TYVA Energie will inform the Client about the potential to subcontract a portion of it. The subcontractor will then operate solely under TYVA Energie’s responsibility and will commit to keeping all information acquired during the service confidential.
All complaints, whether amicable or judicial, related to the execution of services must be made within thirty (30) days from the end of the service delivery.
As the Client is a professional purchasing for and within the scope of their profession, the right of withdrawal provided for in consumer law is not applicable.
Any circumstances beyond the Parties’ control that prevent the normal execution of their obligations are considered as grounds for exemption from the Parties’ obligations and lead to their suspension.
The Party invoking the circumstances must immediately inform the other Party of their occurrence and their cessation.
Force majeure is understood as any events or circumstances that are irresistible, external to the Parties, unforeseeable, inevitable, independent of the Parties’ will, and which cannot be prevented by them, despite all reasonably possible efforts. Specifically, force majeure events include, but are not limited to, those traditionally recognized by French court jurisprudence: disruption in transportation or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks, or difficulties specific to external telecommunication networks to the Clients.
The Parties will come together to assess the impact of the event and agree upon the terms under which the contract’s execution will continue. If the force majeure event lasts longer than three months, the affected party may terminate these general terms and conditions.
If one or more provisions of these general terms and conditions are held to be invalid or declared as such under any applicable law, regulation, or following a final decision by a competent court, the remaining provisions will retain their full force and effect.
The failure of either Party to assert a breach by the other Party of any of the obligations set out in these General Terms of Sale shall not be interpreted in the future as a waiver of the obligation in question.
Each Party is an independent legal or natural entity, acting on its behalf and under its sole responsibility. The contractual relationship does not constitute an employment contract, partnership, or corporation, and any notion of a shared business intention is expressly excluded.
The Parties agree that all data, information, files, and any other digital element exchanged between the Parties will constitute admissible, valid, enforceable evidence, with the probative force of a private deed.
The Parties commit not to contest the admissibility, validity, enforceability, or probative force of the electronic elements based on their electronic nature. Unless proven otherwise, these elements shall be valid and binding between the Parties in the same manner, under the same conditions, and with the same probative force as any document that would be established, received, or preserved in writing.
In the event of an interpretation difficulty between any of the titles at the beginning of the clauses and any of the clauses themselves, the titles shall be declared non-existent.
The personal data that is collected is intended for maintaining a client file containing the first and last names of individuals, the name of the company they work for, as well as an email address and phone number.
The personal data collected from clients aims to manage TYVA Energie’s customer base. More specifically, the uses are as follows:
The personal data is not intended to be shared with third-party companies.
TYVA Energie implements organizational, technical, software, and physical digital security measures to protect personal data against alterations, destructions, and unauthorized access.
The Client can access their data, modify it, or request its deletion. They also have a right to data portability and a right to limit the processing of their data.
To exercise these rights or for any questions regarding data processing, it is possible to contact TYVA Energie:
These General Terms of Sale are governed by French law. They are written in French. In cases where they are translated into one or more languages, only the French text shall prevail in case of a dispute.
Both Parties commit to seeking an amicable solution to any disputes arising from the service’s execution.
If they fail to reach an agreement, both Parties will submit any disagreements or disputes to the competent court of Grenoble.
Any correspondence and notification to be carried out between the Parties will only be considered valid if they take one of the following forms:
For the execution of the Contract, its aftermath and consequences, the Parties choose their registered office as stated at the beginning of the Specific Conditions.
TYVA Energie
P.A. Marenton 3
11 rue des Sources, 07100 Annonay | France
+33 4 26 30 80 79
©2022 TYVA Energie