Scope & application
These Terms and Conditions of sale apply to purchases of products (the “Products”) or services (the “Services”) concluded through the www.almetis.com website (the “Site”) between:
- (a) us, Almetis S.A.S. (hereinafter «Almetis»), a company registered with the Versailles Register of Commerce and Companies under the number 501 611 024, having its head office located at 43 boulevard Vauban, 78280 Guyancourt, France. (provided that such phrases as “we”, “us” or “our” being construed accordingly), and
- (b) you, as a user (given that such expressions as the “user”, “customer”, “you”, or “your” shall be construed accordingly), acting as a professional or a consumer.
By placing an order on this site you agree to abide by these, the General Terms and conditions of sale. These terms do not affect any mandatory and/or statutory rights that you have as a consumer under applicable law.
These Terms and Conditions are the only ones that are applicable, and replace all other Terms and Conditions, except for any which have previously been agreed upon. Almetis may be occasionally obliged to modify certain provisions contained in its General Terms and Conditions of Sale, however these will be proofread upon each visit to the site. These changes will be effective immediately following being put online, and so may not apply to contracts which have been concluded earlier. Each purchase on the site is governed by the Terms and Conditions applicable on the date of the order. We believe that by validating your order, you accept our conditions of sale, without reservations. You may not waive or transfer your rights and obligations under these Terms in any way, or attempt to do so at any time.
Intellectual property – copyright
The whole of this site concerns the French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and illustrations and photographs. Reproduction of all or part of this site on any electronic medium is strictly prohibited without express permission of the editor. You can write to Almetis, 43 Boulevard Vauban 78280 Guyancourt, France which will forward your request and will communicate the response of the editor.
Prices payable for Products or Services are those in effect at the time of dispatch or delivery, unless otherwise agreed upon. Prices may be indicated on the site, or on an acknowledgement of your order, however in the event of any discrepancies, the net price is the one that you will have been notified of upon our acceptance of the sale.
Prices (unless stated otherwise) are in Euros.
Unless otherwise specified, prices quoted are:
– Exclusive of the costs of shipping to the agreed location (charges for which are also stated on the site)
– inclusive of VAT and any other type of tax, or duty, which must be added to the price payable (when applicable).
The prices of shipping for any Products will be specified by us, and agreed upon, at the point of purchase.
It is possible that some of the prices which are advertised may be inaccurate due to some programming, or data transcription errors. If the advertised price is incorrect then, as far as it is legally permissible, we reserve the right to amend the price, and charge the correct market price.
At any time desired before the acceptance of a sale, we reserve the right to withdraw discounts and/or adjust prices according to any increases in costs, including changes in the cost of materials, delivery, or labor; increases, or introductions of, tax; any import or export duties; as well as changes in exchange rates. We also reserve the right to notify you of possible errors in product descriptions or price lists, before shipping a product, or finalizing a service. If you would prefer to cancel your order in such a case, then you have to right to reimbursements of any payments that have already been made. If, in the same situation, you would prefer to continue with your order, then you must consent to the product or service being supplied according to the altered description, or the rectified price or fee.
Orders are carried out exclusively on the Internet through the site. Access to the service is provided on an ongoing basis, and is subject to the maintenance periods and maintenance operations to update the server, as well as any other interruptions.
You will receive an order confirmation via email once your payment has been approved. An invoice will also be sent via email, and made available to access on the user area of the site. Approval time for payments will vary depending on the method of payments used, though in no event should Almetis be held responsible for the approval time for the payment.
In the case of a downloadable product, you can access your product by clicking on the download link displayed on your order confirmation screen, or included in your order confirmation email.
Almetis reserves the right to cancel, or refuse, any order carried out by someone who has, in the past, experience a problem, or faced a dispute, over payment for a previous order.
You must ensure that the product or service is suitable for your specific needs on the basis of information provided, and documentation available on the site. It is also important to ensure that you have a fully functioning Internet connection.
You must also be certain that all the information that you will be provided while placing your order is completely up to date, and accurate so that we can fulfill your order. You must also attest that you have the necessary legal capacity to enter into a contract.
For all processing of orders and delivery of services covered by the Terms and Conditions, Almetis has established secure data transmission over the Internet (SSL). However, you must acknowledge that you have been informed of the lack of reliability of the Internet, especially in terms of the effect this has on the safety of any transmissions, continued access to services, and also performance, in terms of both volume and speed of data transmissions.
Eligibility to use
You represent and warrant that you are of legal age (18 years of age or older) and competent to agree to these Terms and Conditions.
Access to services
The user of the site acknowledges having the skills and resources necessary to access and use this site. Almetis cannot be held responsible for factors beyond its control and any damage that may be suffered by the user’s technical environment, including its computers, software, network equipment and any other equipment used to access or use the service and / or information. It is reminded that to access or remain fraudulently in a computer system, to hinder or distort the functioning of such a system, fraudulently introducing or modifying data in a computer system are punishable offenses criminal sanctions in accordance with French regulations.
In order to access the service provided by the site, the user must create – through the site – an account, protected by a password. The user must agree to provide accurate and complete information, which should be updated regularly. After having completed this, the user will be able to identify themselves in order to access the site.
The user is solely responsible for keeping the password used to access the site completely confidential, and also for all the actions performed on the site. The user must not reveal any information to anyone, nor should they use any account belonging to a third party.
It is the responsibility of the user to make sure that a computer, with an internet connection is available to them, in order to make use of the site. All the costs associated with this are borne by the user.
Almetis declines all liability in the following events:
Interruptions, bugs, or any other such problems rendering the service unfit for use; the user’s computer being incompatible with the service; and in general, any direct or indirect damages, whatever their cause or nature, resulting from use of the service, or the site.
The service provider reserves the right to temporarily or more permanently suspend, or refuse, access to the site or any of its services by the user, if the latter refuses to comply with all of these Terms and Conditions, or for any other reason. This right will be used at the service provider’s discretion. In the case of suspension of access to the site, or any services, even temporary, these Terms remain applicable.
Access to updates and support
Updates and support require that you have a valid user account on the site, as well as a functioning Internet connection.
Unless otherwise specified, Almetis has no obligation to provide any updates, or offer any support. However, Almetis may require you, at its discretion, to download and install updates, or the software itself may update itself automatically from time to time. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality, or different versions of the software. You agree to receive such updates from Almetis, in order to continue using software, and you agree to accept such updates subject to these terms.
Access to updates and support is provided on an ongoing basis subject to the maintenance periods and maintenance operations used to update servers, and the possible interruptions these may cause.
The subscription allows us to offer you a combination of complementary Products and/or Services. By purchasing a subscription, you have the right to use or benefit from the related Products or Services, for as long as the period covered by the subscription. The purchase of the subscription is made by the customer through the payment of a fee, or subscription price. This fee is paid at the beginning of the period covered by the subscription.
The duration of the subscription period is defined in the characteristics of the subscription on the site, in months or years. Products and Services included in the subscription can be used, provided to, or accessed by the client only for the duration of the subscription. At the end of the period covered by the subscription, the client is able to renew the subscription in return for payment of the fee.
You can pay for certain products or services with Almetis Credits. You can buy Almetis Credits using payment methods accepted by Almetis according to the conditions and prices quoted at the time of purchase. Almetis Credits you purchase are credited to your user account at the time of purchase.
When you purchase or receive Almetis Credits, you do not own those Almetis Credits. You are granted only a limited right to use the Almetis Credits to buy certain Products or Services.
Unless otherwise stated, purchases of Credits are non-refundable. You do not have the right to sell Almetis Credits. You may not transfer Almetis Credits outside the Almetis platform.
We may change the purchase price of Almetis Credits at any time, as well as the ways that you can use or transfer Almetis Credits. We also reserve the right to stop issuing Almetis Credits.
To promote Products or Services Almetis could issue a small number of free Almetis Credits called “bonus credits”. Almetis may cancel at any time those free bonus credits.
Site content and Hyperlinks
Almetis strives to guarantee the accuracy and the validity of the information made available at this site and reserves the right to modify the content or presentation of this site at any time without notice. Almetis declines any and all liability in the event of delay, error or omission concerning the content of these pages, including instances of interruption or unavailability of the service.
Almetis shall not be held liable for any decision taken on the basis of information provided on this site, nor for the use that may be made thereof by third parties. Any person who wishes to benefit from the Services and/or the Products presented on this site should consult the contractual terms and conditions applicable to said Products and/or Services.
Access to the Products and Services presented on this site may be subject to restrictions in respect of certain persons or in certain countries. No Product and/or Service shall be provided by Almetis to any person if such Product and/or Service contravene the law in his native country, or in any other country by which he is concerned. However, it shall be incumbent on the interested party to check in advance that his legal or tax status enables him to subscribe to Products and/or Services presented on the site, by consulting his usual advisers.
This document is for informational purpose only, Almetis, shall have no legal or contract liability and reserve the right to modify or cancel any characteristics of the Product. The Almetis website may contain hypertext links allowing access to sites not edited by Almetis. Consequently, Almetis cannot be held responsible for the contents of sites that users are able to access. The creation of hypertext links to the Almetis site must be subject to prior authorization of Almetis.
The user is informed that during his visits to the site, a cookie is installed and stored temporarily in memory or on its hard drive. A cookie is an element that does not identify the user but is used to record information about the navigation of it on the website. Site users acknowledge having been informed of this practice and authorize Almetis to use it. They can deactivate the cookie by using parameters within their browser. However, cookies are necessary for the operation of certain services or features of the site, disabling them would cause the impossibility for the user to access these services or these features.
You acknowledge having read and accepted these Terms and Conditions before placing your order. The validation of your order implies acceptance of the Terms and Conditions. Unless proved otherwise, the data recorded by Almetis constitute proof of all transactions made by Almetis and its customers.
Our Product offers, and any advertised prices, are valid for as long as they are displayed upon the website.
Any delays between the purchase and downloading of Products from the site are given as a rough estimate, and any delays do not give the buyer the right to cancel their purchase, nor do they have the right to refuse their merchandise, or reclaim any damages or interest. Any claims made of non-compliance, or that a Product has not been delivered, must be made within a week of the Product being received.
The delivery of a Product will only take place once the purchase has been validated, and the payment accepted.
Any Product which is delivered electronically from on EU member country to another will automatically be subject to VAT, according to the country of origin, in this case, France. Only those clients from countries outside the EU will be charged without tax, the declaration being at the discretion of the buyer of the Product. Those enterprises belonging to countries inside the EU who are trading with another EU country, or a partner company in a different EU country (other than those where they are resident) should provide their VAT number in order to be processed without tax.
Almetis offers several modes of payment for the customer; credit card (Debit, Visa, Eurocard, Mastercard), or by Paypal. The method of payment will be indicated clearly as soon as the command is processed by the buyer. The only methods which will be accepted by Almetis are shown during the purchase for those Products and Services which are requested.
Right of title
Any Products or Services will remain the property of Almetis until the payment of the entire fee has been made, plus any interest or sums that are due to be paid by the customer.
Until the full price has been paid, it is the role of the customer to withhold all documents pertaining to the purchase of any Products, so that we will be able to identify those Products which have been fully paid for, and therefore belong to the customer, and those which are still awaiting payment, and thus are still the property of Almetis.
Right of withdrawal
Almetic will allow you an allotted time, whereby you will be able to reflect on your purchase. During this time, you will have the right to withdraw, or nullify any purchase you have made, for whatever reason, without any consequences.
You can exercise this right within the following periods:
– For any Products purchased, the allotted time is within 7 days from the day the Product is delivered;
– For Services, the allotted time is also 7 days, but this is taken from the time at which we accept your purchase.
If the product you have purchased is a piece of software, your right to withdraw your purchase will become void as soon as the software is activated. Furthermore, if the Product you have ordered is something which has been made according to your instructions, and is therefore a personalized Product, the right of withdrawal will not apply.
Also, if you have ordered a service which starts before the expiry of your right of withdrawal, please note that the right of withdrawal will become void as soon as the service commences, whether or not you are still within the allotted period whereby the right of withdrawal would normally apply.
For those pieces of software which are delivered to you electronically, the return will be accompanied by through a sworn statement, signed by the buyer, which will confirm that the software which was purchased, and downloaded onto the buyer’s hard drive, has been destroyed. In any case, the Product will not be returned without prior agreement.
The right of withdrawal is carried out without penalties, apart from postage costs.
If you are a professional, in the following cases, via a written notice, as far as is permitted by the law, we will be able to, without prejudice towards all the rights we would have in these cases, suspend all delivery of Products which are making their way to you, as well as suspending all services which have been ordered, and terminating all other completed contracts between us automatically.
– If you are going through reorganization under supervision of the court, and as a result,
– Are unable to make payments on time,
– You will be unable to uphold your obligations according to the Terms and Conditions by which these Products have been sold to you.
If you are a consumer, that is to say, someone who has made a purchase of Products or Services outside of their professional zone, we will be able to terminate any purchase, and all contracts between us automatically also, through a written notice, if you are unable to adhere to the Terms and Conditions of sale, if the situation is not remedied within 15 days following the time when you are notified of this termination.
You can also, if necessary, suspend your payment, or cancel your purchase automatically, by means of a written notice if we fail to adhere to any of the Terms and Conditions, and are unable to remedy the situation within the same 15-day period.
Warranty and other obligations
Unless otherwise agreed or provided by mandatory law, you only benefit from the guarantees relating to the service if you are an end user or a consumer and not a reseller of this service.
You cannot under any circumstances give guarantees, assume commitments or incur obligations on our behalf without our prior express written consent.
In the online sales process, Almetis is bound by an obligation of means. Almetis cannot be held liable for any damage resulting from the use of the Internet such as loss of data, intrusion, virus, break in service, or other involuntary problems.
Software and rights of usage
Software is provided to you according to international legislation which has been created to protect the rights of the creators of the software, and their intellectual property. The sale of any software will not in any case, allow the buyer any rights of reproduction, resale, exploitation, or, in general, any other rights, intangible or otherwise, owing to the creation of any piece of software. When we provide you with a piece of software, or a Product containing a piece of software, this is provided to you under license terms, and is done so according to the conditions stipulated in the license contract of the end user, or any other agreement accompanying the software, or the Product.
Furthermore, the Product may not be copied, adapted, made available to others, distributed, modified, disassembled, decompiled, stripped down, or used in combination with any other piece of software unless this is allowed by the Condition of the license, or if any applicable law states that such an act does not contravene the contract.
Also, under the conditions of the license conditions, if you unpack, unseal, or use the software, you will no longer be able to return it, or receive any kind of reimbursement, under the Terms and Conditions of sale, and all other applicable rules concerning the return of Products.
Except in the case of express written evidence to the contrary from Almetis, stipulation in the license conditions, and under the rights given to each customer by applicable law, software is provided ‘as is’ without any guarantees or conditions of any kind stating the quality, or suitability of a Product to a particular use, nor compliance with any description of the Product. We will not provide you with any guarantee regarding the installation, configuration, or the repair of any errors which may occur with the software. In order to find out your rights according to the maker of the Product, the licensor, or the provider of the software, please refer to the License Conditions.
Applicable law – disputes
These Terms and Conditions are subject to French law. Only the French version of this document is enforceable against the parties, even in the presence of translations, these express agreements being provided for convenience and may have no legal effect, in particular on the interpretation of the contract or the municipality intention of the parties.
All dispute arising in connection with the present Terms and Conditions shall be finally settled by the Versailles Court of Commerce, notwithstanding multiple defendants or a third-party claim, even for urgent or preventive measures.
Protection of personal data
The information you give us are essential for processing and delivery orders, preparing invoices and warranty contracts, their absence leads to the cancellation of your order.
You have a permanent right to access and rectify all the information about you in accordance with European texts and national laws in force.
You can at any time alter data on request by sending a letter to the following address: Almetis, 43 Boulevard Vauban 78280 Guyancourt, France.
If you accepted when you registered on the website, promotional emails (electronic mails) offering new products, destocking offers, exclusives, bargains … will be sent. You can ask to stop receiving emails from us at any time by clicking the link provided for this purpose and inserted in the footer of each email that we or one of our partners will address you.
How to contact Almetis
You can contact us:
- By post at 43 boulevard Vauban, 78280 GUYANCOURT, France
- By contact form on the website: https://www.almetis.com/en/contact-us/