ARTICLE 1: Scope & Application
The current conditions of sale (referred to here as the ‘General Conditions’) apply to all purchases of products, (including both hardware and software), or services, purchased through the ‘www.almetis.com’ site. These sales take place between (a) we, the sellers (hereafter designated ‘Almetis CS’, our place of business being at 116, Boulevard de Montparnasse, 75014 Paris, France, registered in the RCS (Commercial Register of Paris) under the number 531 669 455 (references to ‘we’, ‘us’, or ‘our’, being taken accordingly) and (b), you, the buyer (hereby terms such as references to ‘you’ and ‘your’ being taken accordingly).
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.
Regarding the products; We resell products that we have purchased in advance from our suppliers. Therefore, you are entering into a sales contract directly with us. However, we do ask that, as part of these Terms and Conditions, you refer also to the documentation supplied alongside the product. Whereby any product supplied is a piece of software, or includes some software, this software is licensed by us, or by the relevant owner subject to the relevant license agreement, or any other license terms included with the software/product.
In the case of services, please note that if we are not the provider of the services purchased from the site, these services will then be provided by either our partner, whose name and logo appear on the site, or by third party service providers. Your relationship with them may be subject to further terms and conditions, however these will be provided to you, and you will be required to agree with them before you receive any of the services.
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 CS 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.
ARTICLE 2: Prices
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.
ARTICLE 3: Orders
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 CS be held responsible for the approval time for the payment.
In the case of a downloadable product, you can access you product by clicking on the download link displayed on your order confirmation screen, or included in your order confirmation email.
Almetis CS 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.
ARTICLE 4: Safeguards
You must insure 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 CS 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.
Article 5: Access to services
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 CS 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.
Article 6: 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. You may be required to enter into an updated versions of these Terms and Conditions in order to take advantage of any updates.
Unless otherwise specified, Almetis CS has no obligation to provide any updates, or offer any support. However, Almetis CS 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 CS, 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.
Article 7.1: Subscriptions
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.
Article 7.2: Almetis Credits
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.
Article 8: Validation
Before any of your commands are processed, you must acknowledge that you have read, and accepted, all of the relevant Terms and Conditions. Unless other proof is provided, the data which is registered by Almetis CS will be considered to be the proof of any transactions which take place between Almetis CS and its clients.
Article 9: Availability
Our product offers, and any advertised prices, are valid for as long as they are displayed upon the website. They will also depends upon the amount of stock which is available.
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, whether by downloading or through a postal service, must be made within a week of the product being received.
Please note that products will be supplied according to what is available in stock. In the eventuality that a product is not available after an order has been processed, you will be informed by an email, or through a letter, that your processed information has been received by our suppliers. This information will come directly from our suppliers, and errors and modifications can occur in exceptional circumstances.
Article 10: Delivery
Certain products available through the site can be delivered in a parcel, if this option is present on the site at the time of purchase. In the case of such a purchase, delivery can be guaranteed by the France Metropolitaine network.
The method of delivery will be clearly displayed on the site, as well as in the catalogue, and in any receipts or proof of purchase you receive for the product. In the case of a physical product, the delivery will be made to the address that will be specified in the course of our purchase. By default, this will be the client’s main address, unless another such address is specified by the client. The delivery of a product will only take place once the purchase has been validated, and the payment accepted. The delays between purchase and delivery which will be provided upon payment for the product are estimates.
Article 11: Tax reductions
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.
Article 12: Payment
Almetis CS 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 CS are shown during the purchase for those Products and Services which are requested.
Article 13: Retention of Title
Any products or services will remain the property of Almetis CS 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 CS. .
Article 14: Right of Withdrawal
Almetic CS 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 personalised 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.
During the allotted period where the right of withdrawal is still active, you are able to return any product, accompanied by the receipt, and a customer return authorization, which will have to be duly completed and signed by the buyer.
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 programme 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.
In the case of software which has been delivered through the post, we advise that you return it to us through a recorded delivery, and take up a guarantee with the carrier equal to the market value of the product. This will be necessary in the event that the product is lost or damaged in the process of being returned to us.
In all of these cases, the return is at the expense and at the risk of the buyer. Only complete products which have not been used will be accepted, provided they are returned in the original packaging, as well as adhering to all the aforementioned conditions. These should all be addressed to; Almetis CS 166 Boulevard du Montparnasse 75014 Paris, France. The Right of Withdrawal is carried out without penalties, apart from postage costs.
Article 15: Termination/Cancellation
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.
Article 16: Guarantees and other obligations
Except in the case of prior agreement, or legal provision, you will only benefit from the guarantees associated with our products and services if you are an end user, or a buyer, and not a retailer, of these products and services.
You can not, in any case, agree to guarantees, take on commitments, or form obligations on our account, or those of any producers, contractors, or providers, of ANY of our products, without firstly having obtained our expressed written consent.
Article 17: Responsibility
The current contract is subject to French law. Almetis CS will not be held responsible for the terms of a contract not being carried out, due to, on the one hand, a greater force, such as a partial or general strike of the postal service, or something which affects transport or communication capabilities, or on the other hand, a fault on the part of a the client.
Almetis CS will also not be held responsible for any consequences resulting from the misuse of products sold on the site.
Article 18: Applicable Law – Litigations
This contract is subject to French Law. The language of the contract is French. In the case of litigation with the professionals, and/or traders, it will be under the jurisdiction of the tribunals of Paris (France), and only under their jurisdiction.
Article 19: Protection of personal information
The information that you provide for us will be necessary for processing orders, creating receipts, and forming contracts. The lack of this information will lead to the termination of your purchase. When signing up to the site, you will be asked to provide us with accurate and up to date information. Any false information provided by the buyer is against the Terms and Conditions of sale.
In accordance with the law of ‘Data Protection’, the handling of your information has been the subject of a statement by the French Data Protection Authority (CNIL). Almetis CS has the right to handle and use those pieces of information concerning you. This data will be subject to computerized processing.
You have the right to access and rectify the relevant information which you have provided, according to all European and national laws currently in operation (Article 34 of the law of the 6th January 1978).
You will be able to, at any time, modify any data you have given by sending a letter to the following address; Almetis CS, 166 Boulevard de Montparnasse, 75104 Paris, France. You will receive information and promotional emails advertising any new products, limited or exclusive offers, or clearance sales, if you have requested to be kept up to date of this information in the process of signing up to the site.
You can choose to stop receiving such information from us at any time by clicking the link provided for this purpose at the base of any of the promotional emails which have been sent to you by us, or by any of our partners.
Article 20: 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, be it those of Almetis CS, or those of the owner or the licensor, 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 CS, 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.