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GENERAL TERMS AND CONDITIONS OF SALE SPECIFIC TO DIAM:

CGV 1 – Definitions

The purpose of these general conditions of sale is to define the rights and obligations of the company APIDPM and its customers in the specific context of the services offered on the website www.lediam.com.
In these general conditions of sale of the company APIDPM, the following terms have, unless otherwise specified, the meaning given to them in this article:

These general conditions of sale will prevail over any contrary clauses and conditions that may appear on the general conditions of purchase or any other document emanating from the customer or third party. Any contrary condition posed by the customer will therefore, in the absence of express acceptance, be unenforceable against APIDPM regardless of when it may have been brought to its attention.

CGV 2 – Purpose of the service

The DIAM is a database of pharmaceutical and parapharmaceutical products marketed in certain African countries made available to users. Customers commission APIDPM to reference their products.
Product registration is carried out by APIDPM according to the elements transmitted by the customer.

2 - 1 Referencing of pharmaceutical products

The customer must provide the following elements necessary for the proper referencing of his products:

The customer can optionally provide the following:

Each presentation included in the contract will be recorded in the DIAM by APIDPM so that the user can read it according to their search criteria during their consultations:

The recording of each presentation and its indexing in the various DIAM search engines is carried out by APIDPM according to the elements transmitted by the client who assumes full responsibility for their accuracy.

The SPCs made available to users are a true copy of the SPCs provided by the customer and adapted by APIDPM for reading on the various media offered by DIAM. The photos of the products are also provided by the customer who certifies their validity.

Any modification of indexing information, product photos and RCP will be made by APIDPM throughout the duration of the contract upon each notification from the customer. The update costs will be specified in this same contract.

Likewise, the customer is required to notify a dereferencing request to APIDPM for any cessation of marketing of a product or presentation in one or more countries covered by the DIAM.

Consequently, APIDPM cannot under any circumstances be held responsible for errors or inaccuracies in the information indexed in the DIAM nor for damage of any nature which could result from improper use of the referenced products.

2 - 2 Referencing parapharmaceutical products, medical devices and medical equipment

The customer must provide the following elements necessary for the proper referencing of his products:

The customer can optionally provide the following:

Each presentation/article included(e) in the contract will be recorded(e) in the DIAM by APIDPM so that the user can become aware of it according to their search criteria during their consultations:

The recording of each presentation/article and its indexing in the various DIAM search engines is carried out by APIDPM according to the elements transmitted by the client who assumes full responsibility for their accuracy.

The instructions made available to users are a true copy of the instructions provided by the customer and adapted by APIDPM for reading on the various media offered by DIAM.
The photos of the products are also provided by the customer who certifies their validity.

Any modification of indexing information, product photos and instructions will be made by APIDPM throughout the duration of the contract upon each notification from the customer. The update costs will be specified in this same contract.

Likewise, the customer is required to notify a dereferencing request to APIDPM for any cessation of marketing of a product or presentation /item in one or more countries covered by the DIAM.

Consequently, APIDPM cannot under any circumstances be held responsible for errors or inaccuracies in the information indexed in the DIAM nor for damage of any nature which could result from improper use of the referenced products.

CGV 3 – Carrying out the service

APIDPM will carry out its mission in strict compliance with the quote accepted by the client. The customer undertakes to provide all the documents and information necessary for the performance of the service specified as the case may be in articles 2-1 and 2-2 of this document.

APIDPM will only begin carrying out the service after receipt of the contract and the elements necessary for referencing the products.

The referencing deadlines indicated are only valid within the limits of APIDPM's technical and human capacities to respond to orders.

For searches by DCI, by therapeutic classification, by ATC classification and by parapharmaceutical classification, the order of display of the products will be the order of their registration in the DIAM.

The referenced products will retain their position in the event of renewal of the contract. Products not renewed at the end of the contract will be deleted from the DIAM. In the event of re-indexing subsequently, their display position will depend on the number of products already referenced in the DIAM database.

CGV 4 – Refusal of service

Declaring that a product is marketed in one of the countries covered by the DIAM does not de facto result in its eligibility in the DIAM. The main reasons for refusing to list a product are generally:

APIDPM reserves the right to refuse the indexing of pharmaceutical products, parapharmaceuticals and medical devices without the need for justification.

Furthermore, APIDPM reserves the right to limit the number of products registered for the same DCI, which may result in a refusal of referencing.

CGV 5 – Quality of services

APIDPM undertakes to professionally implement all the means and know-how at its disposal to carry out the services provided for in the contract and guarantees the proper functioning of the DIAM on the latest versions of the main browsers.
APIDPM undertakes to correct any "bug" or malfunction that may occur when using the DIAM. If the customer notices a malfunction, he must inform APIDPM to enable resolution.
Due to the characteristics and limits of the Internet, APIDPM cannot be held responsible for, in particular, difficulties in accessing DIAM due to network saturation at certain periods.
Under no circumstances can APIDPM be held liable following a malfunction.

Have the effect of suspending our contractual obligations fortuitous events or force majeure such as: theft or destruction of production tools, total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or transporters, as well as the interruption of transport, the supply of energy, raw materials or spare parts.

CGV 6 - Confidentiality

APIDPM is required to respect confidentiality in all operations it carries out on behalf of the client.
APIDPM prohibits any personal use of basic data, files and processing results without the express authorization of the client.

Generally speaking, the documents or information entrusted by the client as well as the statements and documents resulting from their processing by APIDPM are treated under the strictest confidentiality.

CGV 7 – Contract takes effect

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 cannot be deemed concluded.

CGV 8 – Duration, renewal and termination of the contract

The contract is concluded for a period defined in the order form which begins to run 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 acknowledgment of receipt addressed to: APIDPM, 135, chemin de Canto Maï 83190 Ollioules, France.
In the event of termination of the contract, the products will be withdrawn from the DIAM but the sums incurred, paid or not by the customer, remain due to APIDPM.

CGV 9 – Suspension

In the event of non-performance by the customer of any of its obligations, APIDPM reserves the right to suspend, without notice, all of the services provided, without this suspension giving rise to any right to any compensation whatsoever.

CGV 10 - Conditions of sale

Any service marketed within the framework of the DIAM by APIDPM entails full and unreserved acceptance of these general conditions of sale. No particular conditions can, unless formally accepted in writing on our part, prevail against our general conditions of sale. Any contrary condition posed by the customer will therefore be unenforceable in the absence of express written acceptance on our part. The fact that we do not avail ourselves, at any time whatsoever, of any of these general conditions of sale cannot be interpreted as a waiver of the right to subsequently avail ourselves of any of said conditions.

CGV 11 - Price of services, invoicing, payment

The prices of the services offered are those mentioned in the commercial proposal; they are exclusive of taxes and are payable in euros according to the following method: 50% upon ordering and 50% at the end of the product registration operation in the DIAM database, unless otherwise agreed specified on the quote. Prices are guaranteed without variation upon signing the order.

Signing the quote by the customer 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 end of the contract expiration, the APIDPM company will submit to the customer the renewal terms (price, addition or deletion of "product sheets", etc...).

CGV 12 - Order

Our customers' orders are firm upon receipt of the order form.

CGV 13 - Late payment

Any incident and/or late payment on the due date will result in the application of a late payment penalty, provided for by law 92-1442 of December 31, 1992, art. 3-1 para. 3, equal to one and a half times the legal interest rate on the sums due, as well as the invoicing of all corresponding financial, administrative, formal notice and recovery costs, without prejudice to the suspension and/or termination of this contract.

In the event of failure by one of the parties to comply with the obligations of these clauses, not repaired within thirty days from the registered letter with acknowledgment of receipt, notifying the breaches, sent by the other party, the latter may assert the termination of the contract subject to all damages to which it may claim.

In the event of amicable settlement, recovery or liquidation procedures, provisional suspension of proceedings, bankruptcy or similar procedures, this contract will be terminated automatically, without notification, from the decision of the competent Court.

CGV 14 - Taxes

APIDPM reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.

CGV 15 - Information obligation

The customer undertakes to inform, in writing, APIDPM of any modification concerning his situation (in particular change of address, modification of his bank domiciliation, etc.).

CGV 16 - Disputes - Election of domicile - Applicable law and Attribution of jurisdiction

By express agreement, orders for services are governed by French law. In the event of a dispute, both with our suppliers and with our customers, exclusive jurisdiction is granted to the Commercial Court of territorial jurisdiction.

For the execution of this contract, the parties respectively elect domicile:

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution. The Toulon Commercial Court will have sole jurisdiction over any dispute relating to the interpretation and execution of a contract and its consequences, except in cases of other exclusive jurisdiction.

CGV 17 - Miscellaneous provisions

If any of the clauses of these general conditions proves to be invalid or unenforceable under a law or regulation or following an enforceable decision of a competent court or administrative authority, this clause will be deemed unwritten and the rest of the contract will retain its full effect.

CGV 18 - Transferability of the contract by APIDPM

APIDPM reserves the right to assign, transfer or provide to a third party, in any form whatsoever, the rights and obligations arising from this contract.

CGV 19 – Modifications to these General Conditions of Sale

APIDPM reserves the right to modify these General Conditions of Sale (CGV) as often as necessary without obligation to notify each customer individually.

Last update of these General Terms and Conditions: 10/10/2025

Contact

For any information, questions or advice, APIDPM can be contacted:

Par courrier :
APIDPM Santé tropicale
135, chemin de Canto Maï
83190 Ollioules - France

By phone : +33 4 94 63 24 99

Par email : using the dedicated form or directly to the following address: info@santetropicale.com.