The following constitute the general conditions of sale for the ETIF company, incorporated under French law, whose head office is at 44, Avenue de la Division Leclerc 92318 SEVRES France.
1. Application of the general conditions of sale :
1.1. The present general conditions of sale are applicable to the sale of all goods and services distributed by ETIF through the present Web site. The present general conditions of sale take precedence over all other sales conditions.
1.2. In consequence, the simple fact of ordering a product offered for sale on the present web site implies your unreserved and full acceptance of the present general conditions of sale, of which you recognise having been made aware prior to placing the order.
1.3. You certify that you have full legal capacity to commit yourself under the present general conditions of sale.
1.4. ETIF reserves the right to modify the present general conditions of sale at any time and without notice.
2. Prices - Terms of payment :
2.1. The prices of products are expressed in Euros (€), all taxes included, participation to processing and dispatch costs included. Dispatch costs will be notified prior to registration of the order.
2.2. In the event of orders placed form outside France, you are considered to be the importer of the products concerned. For all products downloaded form outside the European Union or dispatched outside the European Union, the price will be quoted excluding tax. You may be liable to pay customs duties or any other local taxes or import duties or State taxes. ETIF is not responsible for such duties or taxes for which you may be liable, and you remain fully responsible with respect to the authorities and organisations concerned both for making the declarations and for effecting the payments. For orders coming from a country of the European Union, the price will be quoted within tax included, except if a intra-community number is given.
2.3. ETIF reserves the right to modify its prices at any time. The products are invoiced on the basis of the price lists applicable at the moment of registration of the order and subject to availability of the products.
3. Payment incidents :
3.1. ETIF reserves the right to cancel any order placed by a customer with whom there remains any dispute relating to payment for a previous order.
4. Characteristics of products and order validation :
4.1. You may find out about the characteristics of the products, via the present web site, prior to placing your order.
4.2. From the moment when you confirm your order by clicking on the "Validate your payment" icon, you are deemed to have accepted in full awareness and without any reservations, the present general conditions of sale, the prices, volumes, quantities and characteristics of the products ordered
4.3. All orders involving payment on-line will be confirmed by e-mail.
5. Choice of products :
5.1. The choice of products, after examining their characteristics, is made under your sole responsibility according to your needs as determined prior to placement of your order. Moreover, you alone are aware of the equipment, software, configurations etc., which you use, and as such are alone able to judge the compatibility of the products ordered with those which you use.
6. Back-up of software and multimedia products :
You are authorised to produce a SINGLE BACK-UP. Any other duplication, in whatever form constitutes counterfeit and commits your responsibility.
7. Conventional guarantee :
7.1. ETIF guarantees the software and multimedia products support media (CD-ROMs, etc.) for a period of sixty days from the date of receipt.
7.2. Replacement of such media does not entail any extension of the guarantee period specified at § 7.1 above.
8. Limited liability :
8.1. The software and multimedia product is provided "as is", ETIF does not provide any other guarantees either explicit or implicit, in particular and non exclusively, concerning the quality and compatibility of the software and multimedia product and its documentation for a specific use. You expressly recognise that it is not possible to guarantee that the software and multimedia products will satisfy performance requirements or that it will run without interruption or bugs. Consequently, ETIF does not accept any liability for the quality or performance of the software and multimedia products.
8.2. ETIF does not accept responsibility for any indirect losses incurred due to: loss of production, loss of profit, bad luck, damage or costs.
9. Force majeure :
9.1. ETIF cannot be held responsible for failure to execute its obligations in the event of stock shortages, production shut-downs, force majeure, disturbances, total or partial strikes in particular of the postal or transport and/or communication services, floods, fire.
10. Intellectual property :
10.1. The sale of software and multimedia products and other products does not under any circumstances imply a transfer of the rights for the reproduction, representation, operation, and in general any intangible rights either recognised or to be recognised, owned by those having taken part in the elaboration of the software and other products, and their beneficiaries.
11. Partial non-validity :
11.1. In the event of any of the clauses in the present general conditions of sale being declared null and void, or inadmissible, the other clauses remain valid.
12. Non-renunciation :
12.1. The fact that ETIF has not staked a claim following a failure of the other party to fulfil any of its obligations covered by the present conditions of sale should not be interpreted as a definitive renunciation of the obligation concerned.
13. Applicable law :
13.1. The present general conditions of sale are subject to French law, apart from the rules of conflict between laws.
14. Jurisdiction :
14.1. Any dispute concerning the execution or interpretation of the present conditions of sale, even in the event of guarantee claims or of multiple defendants, shall in the absence of any amicable agreement come under the exclusive jurisdiction of the courts in Nanterre, France.