General terms and conditions of sale

Chapters

1 - Introduction

Within the framework of its commercial activities, elephorm has entrusted the electronic distribution of its software to NEXWAY, which is thus officially abilitated to manage and administer its online sales service.

The general terms and conditions of sale detailed below govern the contractual relationship between the User (hereafter referred to as You) and the NEXWAY company (hereafter referred to as We or NEXWAY); whose offices are located at 1, bd des Bouvets 92741 Nanterre Cedex France and who is registered by the “Registre du Commerce et des Sociétés de Nanterre” under the number B 440 953 859; and both parties accept these conditions unreservedly.

These general conditions of sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written prior dispensation. We maintain that, by confirming your order, you unreservedly accept our general conditions of sale, having read them. These Terms and Conditions of Sale are important to you and NEXWAY as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between us.

Upon entering the website, you agree to respect the general terms and conditions of sale set forth.

2 - Prices

All prices displayed on our site are inclusive of VAT at the current rate and excluding of delivery costs. All our prices are given in Euros, unless specified otherwise. For users living in the European Union, prices may be indicated in their local currency for information purposes; in which case this additional price will in no way constitute any form of contractual value.

The price stated in the order confirmation form is the definitive price, taking into account all relevant taxes, including VAT. Furthermore, the public prices listed on the site are the prices generally approved and recommended by the manufacturers.

We reserve the right to modify our prices at any time however we will ensure that the price charged to the user is the same as the price that was stated on the Site at the time of purchase.

3 - Your order

Orders are placed exclusively online via our affiliate sites or the relevant e-stores administered by NEXWAY. Service access is ensured permanently, excepting maintenance times, server updates and their subsequent exceptional interruption periods.

Users will choose their acquisition method for any given product directly on the Site. Once this selection is validated, a new window opens specifying the available payment options as well as the individual product reference.

We provide you with two possible ways to acquire your product :
- online download
- shipment of a physical product in the form of a software box

In both cases, You will receive a confirmation e-mail once your payment has been approved. Approval delays may vary according to the payment option selected. NEXWAY is in no way responsible for any approval delays linked to your payment.

In the event that You have chosen an online download as your preferred product acquisition method, you can access your product by clicking on the download link available either directly on the online page following your payment, or on the confirmation e-mail that you will receive following your order. You will then benefit from a 21 day period during which you can download your product at your convenience. Following this 21 day period, the online download will no longer be available. Users must then contact client services in order to resolve their download issues with this contact form.

Additionally, an electronic invoice will be sent to you immediatly after your order has been validated.

We reserve the right to cancel or refuse any order placed by a user who has already experienced payment difficulties during a previous order.

4 - Validation

You declare that you have acknowledged and accepted the present terms and conditions of sale prior to placing your order. Validating your order thus accounts for acceptance of these terms and conditions of sale. Unless there is accountable proof stating otherwise, user data saved by NEXWAY will constitute proof that an order was effectively placed by that user.

5 - Availability

Our web site is regularly updated throughout the day, to ensure that we provide accurate details on product availability. Transfer times for product downloads are available only for information purposes, and eventual delays concerning a transfer will not give a user the right to cancel the sale, refuse the product or claim any form of interest. Any claims regarding inadequate products or delivery failure, be it by online download or regular mail, must be transmitted within a week of product reception.

We endeavor to ensure availability on all our advertised items is constant, however we cannot warranty availability.

In the event that a product is not available following the placement of your order, we will inform you of the situation by e-mail following information received by our suppliers. Because this information will be provided directly from our suppliers, some errors or modifications may exceptionally subsist.

6 - Delivery

We don't offer any software delivery on this store, all our products are digital downloads.

7 - Tax reduction

Any product acquired either electronically or physically will be charged with the tax rate applicable in the issuer’s country, in this case France. Clients living outside the European Union will be charged tax free, pending a declaration made at the user’s initiative. Companies residing in the EU and handling business with a partner who is also a EU member (from a country different than the one in which the company resides), must provide their intercommunity VTA number in order to be billed tax free.

8 - Payments

Payment methods currently accepted: credit card (Visa, MasterCard, American Express, JCB, Diners, Solo), bank transfer, or fax.

Whenever you purchase by credit card, if you choose to use the Visa or Mastercard international methods of payment, your order will be debited in euros exclusively.NEXWAY cannot be held responsible for any currency conversion fees resulting from the transaction and applied by your bank.

In the event of a credit card payment, the payment will be processed 3 days after your order, pending debit authorization given by the mandated authorities. If such should not be the case your order will not be processed.We use one of the most reliable secure payment systems available on the Internet: the SSL protocol. (For more information, visit: www.ssl.com). All of your personal details are protected and encrypted before they are sent for processing.

Use of this protocol does not necessitate any additional software download to your computer. The system sends the adequate response codes to our partners’ servers according to the ISO IS 8583 norm. If these response codes are validated, an electronic invoice will be issued to both parties. This electronic invoice will validate the existence of the payment for both parties.

9 - Right of withdrawal

In conjunction with Article L 121-20 of the Consumer Code The customer shall have a period of 7 working days (seven clear days required by law) in which to return, at his/her own expense, any products failing to meet with his/her satisfaction.This period shall run from the date on which the customer's order was delivered. In the event of this period ending on a Saturday, Sunday or a bank holiday, it shall be extended to the first working day thereafter.

Regarding software acquired via online download, product return will be accepted in exchange of a letter attesting that the user has fully erased the downloaded program which was installed on his hard drive. In no way shall a product be returned without prior consent from the issuer.

Only those products returned in their entirety, in their original packaging, complete and intact, and in perfect resale condition shall be accepted. Any product that has been damaged or whose original packaging has been damaged shall not be eligible for refund or exchange.

This right of withdrawal may be exercised without penalty, with the exception of the costs of return. In the event of exercising this right of withdrawal, customers should address their products to:

10 - Legislation

This contract shall come under French law. We cannot be held liable for any kind of damages, material, immaterial or corporal, that arise as a result of the malfunctioning or misuse of commercial products. The same shall apply where any alterations are made to products by their manufacturers. Our liability shall, in any case, be limited to the setting up of the order and we may not be held liable in the event of simple errors or omissions which may occur in spite of all the precautions taken in presenting the products. In the event of a dispute, our customer services division is at your disposal with the aim of reaching the fairest, amicable settlement. Failing this, the Paris Commercial Court shall be the only court with jurisdiction to rule on such disputes, regardless of the place of delivery or accepted method of payment.

11 - Legal information and privacy policy

Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order.According to the \"Data processing and Freedoms\" law, the processing of your details was the subject of a declaration made before the CNIL (French data protection watchdog). The ONLY information we collect are the details you provide to us so as we can process your order, for example, name, address, credit card details. All information is collected lawfully.

We reserve the right to access and disclose individual information to comply with applicable laws and lawful government requests. We also reserve the rights to disclose individually identifiable information to third parties where a complaint arises concerning your use of this web site, where that use does not comply with our terms and conditions.

You have the right to access or modify any of the data which concerns you. You may ask to modify this data at all times by sending us a written demand at the following address:

NEXWAY, Customer Service
1 bd Amiral Courbet CS 70002
30020 Nîmes Cedex 1 France

Our Site was conceived with the objective of being attentive to our clients’ needs. It is notably for this reason that we make us of cookies on our Site. The cookie\’s role is to indicate your passage on our Site. In such a sense, cookies will only be used by NEXWAY for the purpose of bettering the personalized service that you will benefit from.

12 - Legal rights

Software is protected by the legislation and international treaties regarding royalty fees and intellectual property. Software sale will, in no case, account for transfer of reproduction, representation, or exploitation rights, nor any additionally rights required in the making of the software. Users are only allowed to install and use one specimen of the acquired software on a single computer, unless specified otherwise in the license purchased. It is however generally admitted that the administrative user will be granted the right to issue a backup copy of the software.