

Terms and Conditions for Contracts & Offers
General terms and conditions of sale of services,
WINDIFE SAS Company
(v.1.0, 21 May 2021)
1. About us
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The WINKLER DIGITAL FORENSIC EXPERTISE Company, hereinafter referred to as the ‘WINDIFE Company’, SAS, with capital of 2,000 euros, whose registered office is at 2405 Route des Dolines, CS 10065, VALBONNE (06560), registered with the GRASSE Trade and Companies Register under number 887 687 796 and represented by Mr Patrick Winkler. WINDIFE offers the following services: consultancy and expertise in computer forensics and digital investigation. Acquisition and forensic copies, search for digital evidence, examination and analysis of computers, hard drives, peripherals and digital media in the context of all types of administrative and/or judicial investigations. Assistance with the organisation and implementation of training in the field of digital forensics. As well as all support and operational assistance activities, technical or specialised IT assistance related to or complementary to the aforementioned fields.
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2. Definitions
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Whenever they are used in the body of these general terms and conditions, the expressions below shall have the following definition
‘General Terms and Conditions of Sale or GTC‘ refers to this document;
‘Company WINDIFE’ refers to the company ‘Winkler Digital Forensic Expertise SAS’, as more fully described in Article 1 hereof;
‘Customer‘ means any person (natural or legal) who accepts the Quotation (or the Offer) and/or who places an order by direct contact or via the Internet or by paper means;
‘Professional’ means the buyer, whether a legal or natural person, who is acting within the scope of his or her professional activity;
‘Consumer’ means the buyer, whether a natural person or a legal person, who is acting outside the scope of his or her professional activity;
‘Services’ means all the services offered by WINDIFE, a non-exhaustive list of which is given in Article 1 above and on the Company's website by way of example;
‘Quotation (or Offer)’ means the commercial proposal specifying the terms and Special Conditions of the services provided by the WINDIFE Company, with, where applicable, appendices describing the service (scope, exclusions, prerequisites, description, elements or products included or not), the price with any discount, where applicable the deadlines and place of fulfilment and the period of validity of the Quotation (or the Offer);
‘Ordering’ refers to any order placed by the Client or Professional with a view to benefiting from the Services of the WINDIFE Company; it generally refers to the acceptance or subscription to a Quotation (or an Offer) presented by the WINDIFE Company;
‘Special Conditions‘ refers to the documents specifying the terms and conditions specific to certain categories of services and/or products; they supplement the provisions of the General Terms and Conditions of Sale (GTCS);
‘Party/Parties’ refers to the WINDIFE Company and the Client, individually or together.
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3. Preamble and scope of application
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These General Terms and Conditions of Sale (hereinafter the ‘GTC’) constitute the sole basis of the commercial relationship between the parties.
They govern the conditions under which the Company WINDIFE provides its Services to its Customers who request them directly or via the Internet or on paper.
They apply to all Services provided by WINDIFE for all Customers in the same category, regardless of the clauses that may appear in a Customer's document, in particular its general terms and conditions of purchase.
They are systematically communicated to the Customer who requests them to enable him/her to place an order, and they also appear on the WINDIFE website.
All orders imply acceptance of the GCS and, where applicable, the Special Conditions relating to the provision of the services ordered.
The GCS apply regardless of any clauses that may appear on the Client's documents, and in particular its general purchasing conditions, over which the present General Conditions of Sale of the WINDIFE Company prevail.
The Specific Terms and Conditions for each Quotation (or Offer) of the WINDIFE Company are described in the corresponding Quotation (or Offer).
The contractual documents are in the order of precedence, namely: the Quotation (or Offer), the Special Conditions and the General Conditions of Sale. In the event of any contradiction between them, the contractual documents shall prevail over each other in the order indicated above.
They cancel and replace any contractual document previously signed between the parties having the same subject matter and in the process of being executed.
The General and Special Terms and Conditions, as well as the terms of the Quotation (or Offer) and the order, may only be waived in writing by WINDIFE.
Any document other than the GCS, the Special Conditions or the Quotation (or Offer), in particular any prospectus, advertisement or web publication issued by WINDIFE, is for information purposes only and is not contractually binding.
WINDIFE reserves the right to modify all or part of the provisions of its General Terms and Conditions of Sale or the Special Conditions for certain services. It is expressly agreed that any new version will be binding on the Customer one month after it is sent by e-mail, unless the Customer objects before the expiry of this period.
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4. Orders
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Orders are placed by the Client by direct contact, via the Internet or on paper.
Sales of Services are made after a Quotation (or Offer) has been drawn up for the Client, this Quotation (or Offer) has been accepted by the Client and the Order has been expressly accepted by WINDIFE.
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5. Provision of services and prices
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The prices are those in force on the day the Order is placed, as set out in the Quotation (or Offer) provided by WINDIFE to the Client or according to the scale indicated on site by WINDIFE to the Client.
The prices are presented exclusive of tax (VAT). If the cost of the Services cannot be determined with certainty, a priori, a detailed Estimate (or Offer) will be given to the Client with the method of calculating the price allowing him to verify it.
For each Order, an invoice is drawn up by the Company WINDIFE for the Client.
The Company WINDIFE may offer the Client price reductions, discounts and rebates depending on the number of Services ordered or the regularity of Orders, according to the conditions set by it, without being obliged to do so.
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6. Payment terms and conditions
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The price is payable in installments, with a maximum payment period of 15 days from the invoice date.
Payment may be made by bank transfer to the business account of the company WINDIFE, whose details are provided below, as well as on the Quotation (or Offer) and on the Order:
IBAN: FR76 1027 8089 5600 0210 2840 178 SWIFT/BIC: CMCIFR2A
Bank details: CCM JUAN LES PINS
117 BD DU PRESIDENT WILSON, 06160 ANTIBES, +33 492381347
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In the event of total or partial non-payment for the services on the date agreed on the invoice, the buyer (Customer) shall pay WINDIFE a late payment penalty at a rate equal to the rate applied by the European Central Bank to its refinancing operations plus 10 percentage points.
The financing operation used shall be the most recent one on the date the services are ordered.
This penalty is calculated on the amount of the remaining sum due, including all taxes, and runs from the due date of the payment without any prior notice being necessary.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date shall automatically incur a fixed penalty of 40 euros to cover recovery costs.
The Client may not offset any late payment penalties against any sums owed by the Client to WINDIFE for the purchase of Services.
7. Provision of services
The service ordered will be provided by:
WINDIFE
WINDIFE undertakes to adhere as closely as possible to the deadlines stated when the Order is placed. However, it cannot under any circumstances be held responsible for delays in the provision of services caused by faults for which it is not responsible.
Furthermore, the WINDIFE Company cannot be held responsible for delays in delivery during periods of high demand, such as the holiday season.
The WINDIFE Company cannot be held liable for delays caused by force majeure, i.e. due to the occurrence of an unforeseeable, unavoidable event beyond the control of the WINDIFE Company.
During the provision of services in the field or in the laboratory, certain technical elements may cause delays in execution and the estimated time may vary depending on the task to be performed. (Example: the time required for digital forensic copying may depend on the volume of data, the size and type of the original hard drive containing the data and whether or not it is encrypted. The time needed for searches or data analysis depends on the request and the elements provided for the searches).
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8. Complaint
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For all orders placed, the Client has a right to complain for a period of 15 days from the provision of the service.
To exercise this right of complaint, the Customer must send a statement to WINDIFE, at patrick.winkler@digitalforensicexpertise.com, in which they express their reservations and complaints, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above will not be accepted.
The company WINDIFE will examine the request and will refund and rectify the service as quickly as possible and at its own expense, within the limits of what is possible.
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9. Consumer's right of cancellation
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The Consumer has a right of withdrawal of 15 days from the placing of the Order, except for the products mentioned in article L. 221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer sends a declaration to the following address: patrick.winkler@digitalforensicexpertise.com.
He will be reimbursed for all costs paid for the provision of services within 14 days of WINDIFE becoming aware of his cancellation statement. The refund will be made by the same means of payment as that used for the purchase or order.
However, if the service has already been provided when WINDIFE becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the refund.
The refund will be made using the same payment method as for the purchase or order.
10. Legal guarantees
The Services provided to Consumers are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
‘The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging or the assembly instructions, or from the installation if he assumed responsibility therefor under the contract or had it carried out under his responsibility.’
Article L.217-5 of the Consumer Code:
‘The goods shall conform with the contract:
1° If they are fit for the purposes usually associated with such goods and, where applicable:
if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to’
Article 1641 of the Civil Code: ‘The seller is bound to a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.’
The Services sold to Professionals also benefit from the guarantee provided for in Article 1641 of the Civil Code.
The guarantee is limited to the replacement or reimbursement of non-compliant or defective Services. It is excluded in the event of misuse or abnormal use of the service, as well as in the event that the service does not comply with the legislation of the country in which it is delivered.
The Client must inform WINDIFE of the existence of the defects within a period of one year. The Company will rectify the Services deemed defective as far as possible. If WINDIFE is held liable, the warranty is limited to the amount excluding VAT paid by the Client for the provision of the Services.
The replacement of the Services does not have the effect of extending the warranty period.
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11. Processing of personal data
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The Customer's purchase may result in the processing of his or her personal data. If the Customer refuses the processing of his or her data, he or she is asked to refrain from using the Services of the Company WINDIFE.
This processing of personal data is carried out in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to query, access, rectify, modify and oppose all of his/her personal data at any time by writing, by post and providing proof of his/her identity, to the following address: info@digitalforensicexpertise.com.
This personal data is necessary for the processing of the Quotation (or the Offer), the Order and the issuing of invoices where applicable, as well as for the improvement of the Services offered by WINDIFE.
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12. Sharing of collected data
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WINDIFE may use third-party companies to carry out certain operations or services.
The Customer accepts that third-party companies may have access to his data to enable the fulfilment of his order.
These third-party companies only have access to the data collected in the context of the fulfilment of a specific task.
In addition, the Customer may receive information or commercial offers from WINDIFE or its partners.
The Customer may at any time object to receiving these commercial offers by writing to the address of the WINDIFE Company indicated above.
In addition, Customer information may be transmitted to third parties without their prior express consent in order to achieve the following aims:
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to respect the law
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to protect any person against serious bodily injury or even death
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to fight against fraud or offences against the WINDIFE Company or its users
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to protect the Company's property rights.
13. Data protection
The WINDIFE Company ensures an appropriate level of security in proportion to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not in any way constitute a guarantee and do not commit the Company WINDIFE to an obligation of result concerning data security.
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14. Cookies
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To enable its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company WINDIFE or the third party company managing the Website for the Company WINDIFE may place a cookie on the User's computer. This cookie is used to store information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, address).
The User expressly authorises the WINDIFE Company or the third-party company managing the Website to place a ‘cookie’ file on the User's hard drive.
The User has the option to block, modify the retention period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
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15. Modifications
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The information appearing on the website, catalogues, brochures and price lists of the company WINDIFE is provided for information purposes only and is subject to change at any time.
The company WINDIFE is entitled to make any changes it deems useful at any time.
When placing an order, the customer is subject to the stipulations set out in the GCS in force at the time the order is placed.
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16. Intellectual property
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The brand, logo and graphic charter are registered trademarks whose ownership belongs exclusively to the company WINDIFE. Any distribution, exploitation, representation or reproduction, whether partial or complete, without the express authorisation of the said company WINDIFE will expose the offender to civil and criminal prosecution.
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17. Jurisdiction clause
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The law governing the GTS is French law. Any dispute that may arise between the Company WINDIFE and a Customer during the execution of the GTS will be the subject of an attempt at an amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law and/or a mediator.
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18. Acceptance by the Client
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The Client expressly accepts the GTS. He declares that he is aware of them and waives the right to avail himself of any other document, in particular his own general terms and conditions of purchase.