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Terms and conditions
- Introduction
- Price
- Order
- Validation
- Availability
- Delivery
- Tax free
- Secure payment
- Right of withdrawal
- Liability
- Applicable Law - disputes
- Protection of personal data
- Use rights
ARTICLE 1 : Introduction
- Nexway, in its capacity as the distributor of numerical content over the internet, is officially charged with administering and managing the online sale services for the "SYSTRAN" products marketed on this site.
- The General Terms and Conditions of Sale specified below (hereafter, the “General Terms and Conditions”), shall govern the contractual relations between all users of the site (hereafter, a “User” or “you”) and the simplified company limited by shares Nexway, with share capital of 1 463 838 €, and the registered office of which is located in 1 bd des Bouvets 92741 Nanterre France (hereafter, “Nexway”) and entered into the Company and Trade Register of Nanterre under number B 440 953 859.
- These General Terms and Conditions of Sale shall be the only applicable and shall replace all other conditions, unless the contrary is expressly specified in advance in writing. Nexway may from time to time amend certain provisions of its General Terms and Conditions, and so it is necessary that they be re-read prior to each visit to or transaction on the site. These amendments may be invoked starting from the time when they are placed online and may not be applied to agreements concluded previously. Each purchase on the site shall be governed by the General Terms and Conditions applicable at the time of the order. In placing an order on the site, you undertake to comply with these terms and conditions.
- In accessing the site, you undertake to abide by the General Terms and Conditions as well as the Conditions of Use Conditions specified thereunder.
ARTICLE 2 : Price
- Unless specified otherwise, prices are reported in Euros including tax.
- The prices applicable for the goods and services shall be those stated on the site at the time when you place your order. However, Nexway reserves the right to amend them at any time.
- Nexway also reserves the right to withdraw an offer at any time by placing a preliminary notice on its site.
ARTICLE 3 : Order
- Order shall be made essentially over the internet through affiliated sites or online shopping centres administered by Nexway. Access to the service is guaranteed on a permanent basis, subject to periods for maintenance and service, operations to update the servers and any exceptional interruptions. Any order placed shall be considered to constitute acceptance of our offer of goods or services subject to these Terms and Conditions.
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Nexway proposes two forms of purchase (for the good marketed on this site):
- Downloading
- Delivery of backup copies on [DVD-ROM] packaged in a sealed envelope
- The conclusion of the sale and the processing of the order are subject to the availability of the goods and services ordered as well as the receipt of your payment. Once your payment has been approved, you will receive an email confirming the order.
- Upon receipt of the email confirmation, you may connect to your Digital Locker by clicking on the access link included, then by identifying yourself using your email address and order number. The link for downloading is permanently accessible from your Digital Locker account. Once the software has been downloaded, you may install and activate it by using the activation code also displayed in your Digital Locker account.
- An invoice will be sent to you immediately after validation of the order.
- The language which we propose for the conclusion of the agreement is French.
ARTICLE 4 : Validation
- You declare that you have understood and accepted these General Terms and Conditions of Sale before (any transaction) placing your order. Validation of your order shall be considered to constitute acceptance of these General Terms and Conditions of Sale.
- Unless established otherwise, the data registered by Nexway shall constitute evidence of all transactions that have occurred between Nexway and its clients.
ARTICLE 5 : Availability
- Our offers of goods and services as well as our prices shall be valid for as long as they are visible on the site, up to the limit of available stocks.
ARTICLE 6 : Delivery
- The products purchased on the site shall be delivered by downloading. There are no boxed products.
ARTICLE 7 : Tax free
- All products delivered electronically from one individual Member State of the European Union to another Member State of the European Union shall automatically be subject to VAT in the issuing state. Only clients outwith the European Union shall be charged without tax, provided that a declaration to this effect is made by the recipient of the product. Undertakings from Member States of the European Union trading with a different Member State of the Union (other than the country where they are based) must provide their intra-Community VAT number in order to be charged without tax.
ARTICLE 8 : Secure payment
- Access to the payment service is guaranteed on a permanent basis, although technical faults, traffic overload or maintenance operations may affect its availability or the availability of means of payment.
- Payment for your purchases shall be made in Euros by credit card (CB, Visa, Eurocard-Mastercard, Amex), Paypal, cheque, bank transfer or fax. This list may be updated at any time by Nexway.
- The choice of the means of payment for the goods ordered shall be made when placing the order.
- Online payment by bank card is supported by all standard security measures: the SSL (Secure Socket Layer) and SET (Secure Electronic Transaction) protocols are used. Your details will be encrypted and processed in an entirely secure space with a banking institute. The means of encryption used have been declared to the administrative authorities of the French Government.
- In accordance with the provisions of Article L 132-2 of the French Monetary and Financial Code, a commitment to pay given by means of a credit card is irrevocable. By communicating your bank card number and the information contained on it, the client authorises the company Nexway to charge its bank card for the full amount of his order including tax (and including delivery charges).
- To this effect, the client confirms that he is the holder of the bank card to be charged and that the name appearing on this bank card is indeed his own, and then communicates within a secure environment over the site of our payment partner the sixteen digit number and the expiry date appearing on the back of his bank card, as well as the three digit security number appearing on the front of his bank card. In the event that for any reason the charging of the sums due by the client should not be possible, the sale concluded shall be immediately rescinded as of right and the sale process annulled without any requirement to seize the competent courts.
- Transactions concluded by bank card shall be charged after verification of the details of the card, following receipt of debit authorisation from the issuer company of the bank card used. In the event of payment irregularities, Nexway shall immediately suspend processing of the order.
- At all times when using the site, including during the payment procedure, you will be asked to provide precise, valid and complete information. Following acceptance of these General Terms and Conditions of Sale, the User acknowledges that he shall be the only party responsible for the personal data that he has provided. Nexway reserves the right to take legal action through the criminal or the civil courts against all those who knowingly provide false information and to terminate this agreement without notice. Similarly, Nexway reserves the right to prohibit all further purchases for you on the Store and to report all violations of these Terms and Conditions by you to "SYSTRAN".
- As measure of protection and in order to combat any possible fraud, Nexway may request from you by email, fax or post sufficient authorisations and justifications, including in particular a copy of your identity card and/or of your full bank account details.
ARTICLE 9 : Right of withdrawal
- Pursuant to the provisions of Article L.121-20-2 of the French Consumer Code, you have a right of withdrawal providing for a cooling-off period of 7 working days starting form the receipt of the product or service during which the consumer may return the product without any penalty and without justification, with the exception however of electronic products or those that require the opening of an account, to which this right of withdrawal does not apply. With regard to the sale of electronic products provided for under the French Consumer Code, downloading implies the end of the right of withdrawal.
- Nexway will nonetheless permit you to exercise this right of withdrawal, which is subject to the return of the product and the prior agreement of customer service. For software distributed electronically, the return shall be made by courier accompanied by a declaration signed by the purchaser attesting that the programme downloaded and installed on his hard disk has been deleted.
- Should the Client exercise his right of withdrawal within the time limit granted, Nexway undertakes to refund him all amounts paid, with the exception of the charges for returning the goods, as quickly as possible and at the latest within the thirty days following the date on which this right was exercised.
ARTICLE 10 : Liability
- This agreement is governed by French law. Nexway cannot be held liable for the failure to perform the contract concluded on the one hand in cases involving force majeure, including in particular total or partial disruptions or strikes, especially of postal services or transport or communications systems, and on the other hand due to the fault of the client.
- The full liability of Nexway for every purchase which you make on the Store shall be limited to the replacement of the articles purchased that are acknowledged by Nexway to be unusable following an analysis of your claim, or to a refund if replacement proves to be impossible for any reason. Nexway cannot in any case be held liable to reimburse you any amount (with the exception of the price paid for the articles in the event of a refund) or for any damage resulting from your inability to use the goods on any grounds.
- Nexway cannot in any case be held liable for any damage caused to or related to the contents of the product.
- Nexway cannot be held liable for the consequences resulting from the improper use of the products sold on the site.
ARTICLE 11 : Applicable Law - disputes
- This agreement is governed by French law. The language of this agreement is French. In the event of disputes with professionals and/or traders, the courts of Nanterre (France) shall have jurisdiction.
ARTICLE 12 : Protection of personal data
- The information which you provide to us is indispensable for the processing and handling of orders, the issue of invoices and guarantee agreements, and the failure to provide it will result in the cancellation of your order. By registering on the site, you undertake to provide us with sincere and genuine information concerning you.
- The communication of incorrect information is contrary to these General Terms and Conditions as well as the Conditions of Use displayed on the site.
- In accordance with the French Law on “Data Processing and Individual Freedom”, the processing of your information has been the object of a declaration to the French National Commission on Data Professing and Individual Freedom [Commission Nationale de l'Informatique et des Libertés (CNIL)]. Nexway is authorised to collect, process and use the information concerning you. This information will be subject to electronic processing.
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You have a permanent right to access and amend all data concerning you, in accordance with applicable European Law and national legislation (Article 34 of the French Law of 6 January 1978). You may at any time request the amendment of this information by writing to us at the following address:
- Nexway, Service Client
- CS 70002
- 30020 Nîmes Cedex 1 France
- If consented to by you upon registration on the website, promotional emails (electronic messages) proposing you new products, clearance sales, exclusive offers and bargains... will be sent to you. You may request that these emails no longer be sent by us at any time by clicking on the link provided to this effect at the foot of each of the emails which we or one of our partners send to you.
- Nexway is the only holder of the information concerning you. If consented to by you upon registration on the site, Nexway and its contractual partners may send you information relating to precise and detailed special offers. These partners are especially selected by Nexway and are recognised for the quality of their goods and services.
- Nexway undertakes not to disclose your personal data to any other natural or legal person other than the software producer.
- Our site is also known for its particular attention to the needs of our clients. It is also for this reason that we use cookies. Cookies have the purpose of reporting your visit to our site. Cookies are not therefore used by Nexway other than for the purpose of improving the personalised service that is dedicated to you.
- Nexway may disclose confidential information subject to the conditions specified by law and upon request by the competent authorities where their disclosure is necessary in order to identify, question or prosecute any individual liable to cause detriment to the rights of Nexway, the software producer, any other User or of third parties. Nexway may finally be legally required to disclose personal data and may not in such cases object to it.
ARTICLE 13 : Use rights
- The software is protected by the regulation and international treaties on copyright and intellectual property. The sale of software does not in any case entail the transfer of the rights to its reproduction, representation, exploitation and more generally all intangible rights recognised or which may in future be recognised which have contributed to the production of the software. The software may not therefore be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, analysed or used in conjunction with other software, and non-compliance shall lead to the infringer incurring civil liability and criminal responsibility, unless authorised by the Conditions of Licence or unless the applicable law provides that such an act amounts to the exercise of a right which cannot be waived under contract.
- However, it is generally acknowledged that the main User may install supplementary licences for his own personal use, subject to applicable commercial offers, or make a second copy for backup or storage purposes.
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