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GENERAL CONDITIONS OF USE OF ONLINE SOFTWARE
1.IDENTIFICATION OF THE COMPANY
The site http://archiplain.com is hosted by OVH Company, located at 140 Quai Sartel 59000 ROUBAIX, France
Fabiome Consulting, anonymous limited liability company with a capital of 10 625 €
Headquarters: 12 Domaine de Beauregard, 31450 Donneville, France
All of the following clauses governing the terms and conditions of use of online software available on the website http://archiplain.com (hereinafter referred to as the “Site”).
Fabiome Consulting reserves the discretionary right to modify unilaterally and without notice these terms, and therefore invite you to consult them before using of online software .
Any order passed in product use on the Site entails express and unconditional acceptance of these terms and conditions are an essential part of the use service contract.
The ability to use software on this site do not constitute any transfer of ownership and confers no express or implied right on patents, trademarks and copyright to the software.
These terms and conditions constitute the entire use delivery contract between you, as a customer, and Fabiome Consulting as provider.
The images and texts reproduced and illustrating the online software are not part of that online service contract, therefore contractually liable Fabiome Consulting cannot be held liable for errors in these images and texts.
You can order all the products available for online software on the site without any territorial limit subject otherwise specified in the product description. Fabiome Consulting may ask you for personal information to process your order at best.
These data will be safeguarded by the French Law No. 78-17 of 6 January 1978 on computers, files and freedoms. Under this law you have a right to access, rectify and / or opposition to personal data about you.
Personal data collected during the online software command and the data recorded by the payment system (eg, date and amount of the order) may constitute evidence of the conclusion of downloading supply contract and financial transactions past under these conditions.
At the end of the form, clicking submit your order is enforceable against Fabiome Consulting. You will receive an email entitled “Validation of the order” and inviting you eventually to make payment for the order via a hyperlink.
The prices listed on the website, by email or over the various advertising Fabiome Consulting operations not contractually binding and are subject to change at any time, particularly when updating a product.
To order by online, the price refers to the price of all taxes in Euro and in effect at time of order.
For orders to countries other than France, the customer is the importer of the products concerned. Customs duties or other local taxes or import duties or State taxes may be payable. These rights are not within the purview of Fabiome Consulting. They will be at the customer’s expense and under its full responsibility in terms of returns and payments to the authorities and / competent bodies of his country. It is advisable to inquire about these issues with local authorities.
5.METHOD OF PAYMENT
Payment operates to the use on online software command for cash without discount and in Euros only. Only payment by Paypal is possible to pay for your online software commands.
Our server accepts various French and international credit cards (VISA, MasterCard, Blue Cards).
Payment is made when entering your bank details and the number of your credit card. You will then in an email entitled “order confirmation” link allowing you to use online the ordered software.
Our server is equipped with a payment system that guarantees the security of your credit card transactions. When paying online on the Internet, all the bank details are encrypted using SSL technology.
To increase the security of transactions, your online banking information entered does not pass through Fabiome Consulting and are not retained by it which may in any way have access. Payment will be made through a bank data entry on a site other than http://archiplain.com designed to ensure privacy and custody of said data. This is why we ask you to please re-enter informations with each order.
This statement plus payment system provides better security for credit card payments.
7.IMPLEMENTATION OF SOFTWARES
Fabiome Consulting is considered to have put online the (s) software (s) ordered (s) available when sending the URL with a link to click to use online the ordered software.
All Fabiome Consulting products are protected by French law and international conventions on intellectual property. Any reproduction, modification or improper use of the Code of Intellectual Property, and appropriate to the license accompanying software, may be subject to criminal and civil prosecution.
The product ordered for use online must be used on the computer from which it has been ordered. Anyone not complying with the applicable legal provisions is guilty of forgery and is liable to the penalties provided by law.
Any mention or use of trademarks, names, acronyms, logos, colors, graphics or other distinctive sign or Fabiome Consulting filed by or licensed to Fabiome Consulting is strictly prohibited unless prior written approval of Fabiome Consulting. Any change in the particulars of those products is strictly prohibited.
The use of online software is for personal use or information and any use for commercial purposes is strictly prohibited by law. They may not be copied or distributed on a computer network or in any media, and no changes can be made them.
The copying or reproducing the software on any other server or location for further reproduction or redistribution is strictly prohibited.
In case of non-execution or partial execution of an order, the responsibility of Fabiome Consulting will be strictly limited to the amount of the order, or pro rata in case of partial failure, and may not give rise to any additional compensation.
Use of online software on this site is done at your discretion. You agree to use the software as a final consumer and for your own needs. Then you will bear all risks associated with the use of the software. Fabiome Consulting cannot be required to make any direct or indirect damages resulting from termination of use, loss of data and information, loss of profits, business interruption or other, resulting from misuse on online software.
Fabiome Consulting products available for use online are in accordance with French law. Also, in case of import or use outside French territory, it is up to the customer to ensure in advance that they do not conflict with local standards.
Hyperlinks can refer to other sites that http://archiplain.com, Fabiome Consulting disclaims any responsibility in case the contents of these sites violate the mandatory provisions.
The illustrations and texts reproduced and illustrating the product download does not form part of this online service contract.
10.FORCE MAJEURE – FORTUITOUS EVENT
Is considered force majeure, unforeseeable and unavoidable event and that its realization is outside the control of the parties to the contract.
Article 1148 of the French Civil Code stipulates that there is no place in damages when a result of force majeure or unforeseeable circumstances, the debtor of the obligation (Fabiome Consulting) was prevented from giving or do what he had to, and did what he said was forbidden.
Consequently, the responsibility of Fabiome Consulting cannot be engaged in case of force majeure or fortuitous event which prevents or partially or completely delaying the execution of an obligation under this contract.
11.WARRANTY OF HIDDEN DEFECTS AND NON – COMPLIANCE
Fabiome Consulting ensures the proper functioning of online software, subject to making normal use. However, Fabiome Consulting cannot guarantee that its software works on all systems. In this respect the customer is required to learn about the characteristics of the product by referring to the descriptions of the product on the site.
Fabiome Consulting is in no way responsible for the content and operation shareware (shareware) it publishes and which remain the property of their respective authors.
Fabiome Consulting remain liable for hidden defects as defined by Articles 1641 of the French Civil Code, as serious defect inherent in the thing, prior to the sale and compromising the use of / software (s). However, it is up to the buyer to provide proof of these different characters.
In cases where the defect or non-compliance of the online product is duly noted, Fabiome Consulting will exchange the defective or non-compliant. In all cases, the responsibility for Fabiome Consulting could not be committed only up to the online product selling prices.
12.RIGHT TO RETRACT
Pursuant to Article L.121-20-1 of the French Consumer Code introduced by Ordinance 2001-741 of 23-8-2001, 25-8-2001 OG, the right of withdrawal is excluded for the ” supply contract service whose performance has begun, with the consumer’s agreement, before the end of the period of fourteen days. ”
The act of using online product (s) on the site http://archiplain.com is considered as a contract service that unseal said product and whose execution within the meaning of Article L121-20-2 of the French Consumer Code, begins at the end of authorization of use online.
It is therefore understood, in accordance with Article L. 121-20-2 of the Consumer Code, the customer may not exercise withdrawal on the online product.
In cases where a court declared that a provision of these conditions is unenforceable, it will in no way affect the other clauses will remain fully applicable.
14.COMPETENT JURISDICTION AND LEGISLATION
This contract is subject to French law and is written in English
The courts of Toulouse in France are alone competent to hear disputes arising in any way whatever of these terms and contracts to which they apply.