General Conditions of Sale and Use
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (GTS) apply to all services concluded with the company Sigmund Distribution (hereinafter referred to as the SERVICE SUPPLIER), located at 20 Rue Raymond Losserand 75014 Paris, via its website and concerning the following services: use of test software.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for these services. These general terms and conditions of sale are accessible at any time on the website and prevail, if necessary, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by Sigmund Distribution constitutes proof of all transactions. The services presented on this website are offered for sale for the territory of France or any other territory subject to current French regulations.
Changes to these general terms and conditions of sale are binding on users of the site as from the date they are put online and cannot be applied to transactions concluded previously. Validation of the order for services by the identified user (hereinafter referred to as the CUSTOMER) constitutes unconditional acceptance of these general terms and conditions of sale.
ARTICLE 2 - Orders
Only operations carried out via the website are taken into account.
The CUSTOMER selects on the site the services or tests he wishes to order. He/she provides the data requested to create a customer account and subsequently access it, accepts the general terms and conditions of sale and validates the payment. Sales of services are only deemed to be perfect after payment has been made.
Unless otherwise stipulated or in the event of force majeure, the conditions applied when the order was recorded and accepted by the CUSTOMER remain in force for the entire duration of the use. They may be subject to modification at the time of renewal and are then again subject to the CLIENT's approval.
An order placed by the CUSTOMER on Sigmund's site is deemed to be confirmed as soon as it is accepted by SIGMUND. This acceptance notified by e-mail to the CUSTOMER gives access to the entire service and tests purchased.
In the case of successive orders relating to several tests, the above provisions shall apply separately to each of the subscriptions.
THE SERVICE SUPPLIER reserves the right to modify at any time the marketing conditions of its services in order to allow the CLIENT to benefit from special advantageous conditions.
ARTICLE 3 - Tariffs
The services and software offered on the site are provided at the rates and conditions in force on the day the order is placed and as mentioned in the catalogue. These prices are net and are displayed exclusive of tax.
An invoice is drawn up by the SERVICE SUPPLIER and made available by email, by posting or downloading by the CLIENT from the website.
The CUSTOMER may benefit from price reductions such as discounts, rebates and rebates depending on the volume of services ordered or the regularity of the order, under the conditions and according to the terms and conditions described on the site.
Rates are deemed to apply for a single user per CUSTOMER. In the case of a subscription involving multiple users, THE SERVICE SUPPLIER will make a proposal and special conditions which will take into account the computer, material and human resources to be made available.
THE PROVIDER reserves the right, following an analysis of the connections, without this decision being opposable to him, to temporarily or definitively deactivate access to a client account if he notes abnormal use of the services made available on the site. As a matter of principle, the CLIENT is informed by e-mail as soon as an abnormal use of his account is noted by the SERVICE SUPPLIER with a reminder of the general terms and conditions of use. If the anomaly persists, the CLIENT's account will be closed.
ARTICLE 4 - Terms of payment
The services are payable in cash when the order is placed, according to the methods specified in article 3, by a secure electronic payment system accessible from the site (credit card, paypal ...) or manually (cheque, bank transfer ...).
For payments other than those made by electronic means, the service will be made available only after receipt of the means of payment (cheque) or after communication of proof of payment (transfer).
ARTICLE 5 - Arrangements for the provision of services
The services requested by the CUSTOMER are provided as soon as payment for the order has been recorded.
This deadline is not a strict deadline and the SERVICE SUPPLIER may not be held liable to the CLIENT in the event of a delay in the provision of services not exceeding 15 days. In the event of a delay of more than 15 days, the CLIENT may ask for the sale to be cancelled. The sums already paid will then be returned to him by the SERVICE SUPPLIER.
The SERVICE SUPPLIER may under no circumstances be held liable in the event of delay or suspension of the supply of the service attributable to the CLIENT, or in the event of force majeure.
In the absence of reservations or claims expressly made by the CUSTOMER upon receipt of the services, they shall be deemed to be in accordance with the order, in terms of quantity and quality.
The CLIENT will have a period of 14 days from the provision of the services and receipt thereof to make such reservations or claims, in writing, with all the relevant supporting documents, to the SERVICE SUPPLIER. The SERVICE SUPPLIER will rectify as soon as possible and at its own expense, the services provided whose lack of conformity has been duly proven by the CLIENT.
Likewise, in the event of a specific request from the CLIENT concerning the conditions for the provision of services, duly accepted in writing by the SERVICE SUPPLIER, the related costs will be subject to additional specific invoicing, detailed in an estimate previously accepted by the CLIENT.
ARTICLE 6 - Intellectual property rights
The SIGMUND site is governed by French legislation on copyright and intellectual property, law of 1 July 1998 (article L112-3). The general design, as well as the texts, images animated or not, sounds, know-how and all other elements composing the site are the exclusive property of the PROVIDER.
The reproduction of all or part of the SIGMUND site, on any type of support, whatever its nature, is expressly forbidden. No mention or use of trademarks, trade names, acronyms, logos, drawings or photos appearing on the site may be made without prior written consent from the PROVIDER. Any reproduction or use not previously and expressly authorised, by written mail, constitutes the offence of counterfeiting and is liable to prosecution.
The SERVICE SUPPLIER declines all responsibility for the content of websites to which hypertext links appearing on the SIGMUND website may refer.
The SERVICE SUPPLIER remains the owner of all intellectual property rights on the diagnostics published by SIGMUND software, including special diagnostics designed at the CUSTOMER's request.
The CUSTOMER may at any time print out the test results in PDF format in the form of a hard copy, visualization or screenshot from the website for personal use only.
ARTICLE 7 - Use of services and software compliance
THE CUSTOMER acknowledges having the competence to access the SIGMUND website, being able to use it and having verified that the computer configuration it uses does not contain any virus and that it is in perfect working order.
The SERVICE SUPPLIER undertakes to ensure that the functionalities of the diagnostics comply with the online documentation on the website. For optimal use of the diagnostic software, this documentation will be available in the form of video tutorials from the website, and printable in PDF format for the instructions.
The information and data entered by the CUSTOMER can be saved on the SIGMUND website. This saving is made to enable the CUSTOMER to use or view the previous results of its diagnostics in order to compare or modify them if necessary. The duration of this backup is at least 1 year.
The SERVICE SUPPLIER's liability is strictly limited to possible malfunctions that may arise from the commissioning and use of the diagnostic software made available on the SIGMUND website.
Its responsibility can in no way be engaged in the event of malfunctions or any other problems observed, such as those :
- related to the commissioning or a software problem on the CUSTOMER's computer;
- related to a hardware failure of the CUSTOMER's computer or of a peripheral or other computer connected to it ;
- concerning any other software package or service that has not been acquired on the SIGMUND website;
- linked to the difficulty of connecting the CUSTOMER's computer to the Internet:
- failure of the internet service provider ;
- unsuitability of the types of links used to connect to the internet.
ARTICLE 8 - Data Protection
SIGMUND Distribution compiles a file containing information about its customers. The collection of this information allows us to manage customer accounts and produce invoices. The CUSTOMER gives its express consent to the creation of this file containing all information relating to its use of the site and the services purchased.
The information you publish on the SIGMUND website is strictly confidential. It will not be published or communicated to third parties for any reason whatsoever.
In accordance with article 34 of the French law n° 78-17 of 6 January 1978 relating to information technology, files and liberties, any user who has submitted directly or indirectly nominative information on the site may request communication of personal information concerning him/her to the administrator of the service, have it rectified or deleted if necessary.
Any request of this nature should be sent in writing to the SIGMUND Distribution company, for the attention of the Site Publication Director, 20 rue Raymond Losserand – 75014 Paris France, providing proof of the SIGMUND site's CUSTOMER status.
ARTICLE 9 - Liability
The present GTC concerning the use of the SERVICE SUPPLIER's software by the CLIENT on the website, the SERVICE SUPPLIER's liability under the present GTC cannot be sought in the event of material malfunctions.
Similarly, the SERVICE SUPPLIER may not be held liable for the direct or indirect consequences of breakdowns (loss of time, destruction of files, loss of data, viruses, loss of software, errors, loss and/or destruction of media and/or consumables, etc.), as well as for problems linked to incorrect use of the software by the CLIENT.
The CLIENT is deemed to have taken all the necessary precautions for the use, in a professional or private capacity, of the results of the diagnostics resulting from the SERVICE SUPPLIER's software. Consequently, the SERVICE SUPPLIER may not be held liable for the direct or indirect consequences of non-compliant use of the services put online on the site appearing in its GCS (example: loss of turnover).
The SERVICE SUPPLIER is bound by an obligation of means and not of result. The SERVICE SUPPLIER cannot be held responsible for any misinterpretation of the results of the diagnostics used on the site and the possible damage that may result from this.
ARTICLE 10 - Software support and maintenance
Assistance in the use of the PROVIDER's software is provided exclusively via the website in the form of Frequently Asked Questions (FAQ). In certain cases, the CLIENT, if it considers it useful to resolve difficulties more quickly and efficiently, excluding hardware failure, may contact the SERVICE SUPPLIER at the contact details given on the website.
Corrective maintenance of the software will be carried out to correct the errors reported by the CLIENT in the FAQ and within a reasonable period of time, depending on the level of seriousness.
As the SERVICE SUPPLIER's software does not have to meet the requirements of current French or international regulatory standards, there is no upgradeable maintenance.
Adaptations and/or additions will be made directly on the website and will be usable as soon as they are put online. The said modifications will be specified on the site using the FAQ modules or news.
ARTICLE 11 - Disputes
All disputes to which the present contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their aftermath will be submitted to the Parisian courts.
ARTICLE 12 - Language of the contract - Applicable law
By express agreement between the parties, the present General Terms and Conditions of Sale and the purchase and sale operations resulting therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 13 - Acceptance by the CLIENT
These General Terms and Conditions of Sale are expressly approved and accepted by the CLIENT, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms and conditions of purchase, which will be unenforceable against the SERVICE SUPPLIER, even if it has had knowledge of them.