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GENERAL TERMS AND CONDITIONS OF SALE1. INTRODUCTION1.1. The present general terms and conditions of sale define the conditions of online sale concerning the products offered for sale by Become Partners on its site www.store-become.com, as well as the rights and obligations of the parties. 1.2. The customer acknowledges having obtained all necessary information from Become Partners about the use of the products available on the site. 1.3. The products available in the online store are downloadable software. 1.4. Validating an order in this on-line store requires the consultation and acceptance of the present terms and conditions of sale as well as the general terms and conditions of use which the customer must read and accept prior to purchase. 1.5. Therefore, the customer acknowledges being completely informed and aware that their agreement concerning the content of the present general terms and conditions and, more generally, all contracts do not require the written signature of those documents, but are agreed to by the only fact of validating an order. 1.6. The customer may save or edit the present general terms and conditions and, more generally, the contracts, by using standard functions on their browser and computer. This saving or editing of the general terms and conditions is at the sole risk and responsibility of the customer. 1.7. The site http://www.store-become.com includes the following information :
1.8. The entirety of the information accessible on the site http://www.store-become.com is presented in French and English. 1.9. The customer declares having reached the age of majority and having the full legal capacity of accepting the present terms and conditions of sale. 2. DEFINITIONSThe following terms will be defined specifically as below between all parties :
3. PURPOSE3.1. The present general terms and conditions of sale define the rights and obligations of the parties within the scope of the on-line sale of products offered by Become Partners on its web site www.store-become.com. 3.2. They regulate all the necessary steps to place an order and order follow-up between the contractual parties. 4. CONTRACTSThe contractual documents that are imposed on the customer are :
5. OPPPOSABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE5.1. The version of the general terms and conditions of sale opposable by the customer is the one present on the web site at the moment of validation of the order. 5.2. The different versions of the general terms and conditions of sale are archived by Become Partners. 5.3. The general terms and conditions of sale can be modified or cancelled at any moment by Become Partners. These possible modifications will not change the agreements made previously when the customer validated his/her order. 6. START OF CONTRACT AND DURATION6.1. The present general terms and conditions of sale apply from the date they are online on the site www.store-become.com and will remain available during all the duration of time the products are offered on line by Become Partners. 7. PRICES7.1. The prices relating to ordering the products are indicated on the site and on the order summary. 7.2. The prices are indicated in euros, without tax included (HT) , and with VAT included(TTC), after the calculation of the applicable VAT (Value Added Taxe). 7.3. All the orders, wherever their origin, are payable in euros. 7.4. The product prices do not include the shipping costs, which will be indicated under the price HT (without tax) and the TTC price (with VAT). 7.5. The price considers the VAT applicable the day of the order and all changes in the amount of the applicable VAT will be automatically calculated for the indicated prices. 7.6. Become Partners, during the order confirmation, will indicate to the customer the total amount due for the order (price TTC including tax and shipping costs) in euros. 7.7. The transfer of the property of the ordered products will not be effective until they are paid for in totality. 8. SHIPPING COSTS8.1.The shipping and handling charges are indicated in a specific section accessible on the http://www.store-become.com site. 8.2. The shipping and handling charges include part of the cost of preparation and packaging, as well as the costs of postage and transport. 8.3. The shipping and handling charges are contractual, composed of a fixed amount and a variable amount depending on the number of products ordered. Only the geographic zone and the mode of delivery chosen by the customer vary the amount. 9. ACCESS TO THE SITE AND PRODUCTS AVAILABLE FOR SALE9.1. Become Partners reserves the right, without prior notice or indemnity, of closing temporarily or permanently the site www.store-become.com or the access to one or more products. 9.2. Become Partners is not responsible for damages of any nature that could result from this temporary or permanent unavailability of all or part of the site www.store-become.com or its definitive closure. 10. ORDER10.1. To place an order the customer must have previously created an account. During the account creation, the customer must enter personal information regarding himself/herself and relating to the billing address and, if necessary, the shipping address. 10.2. The mandatory personal information required to be provided are the first name, family name, address, postal code, the city, the country, telephone number, e-mail address and password chosen by the user. Providing the name of the company and its VAT number completes the geographic information required in order to calculate the applicable VAT. 10.3. Once his/her account is created, the customer can access the on line sale space with a personal identification (registered e-mail) and a password by clicking on the « LOG IN » button present on all the site pages. 10.4. The customer chooses the Become Partners products available on the http://www.store-become.com site on the day of placing the order. 10.5. Once the order is recorded, the customer will be given on the web site a synthesis corresponding to the list of items ordered and including the details of the pricing (in euros HT without tax and TTC with tax). 10.6. At this stage, the customer can either accept, and then he/she has to accept the general terms and conditions of sale before confirming electronically the synthesis including the details of the order . At this stage, the customer can also refuse the synthesis or correct any eventual errors made by the him/her. 10.7. The customer definitively validates the order summary by clicking on the mode of payment of his/her choice and by typing his/her the corresponding bank data. 10.8. The customer recognizes and accepts being aware and cognizant of the nature, the destination and the modes of use of the products available on the web site and to have requested and obtained any necessary and/or complementary information to place the order with full knowledge of cause. 10.9. The customer is the only one responsible for his/her choice of products and their adequacy for his/her needs, in that the responsibility of Become Partners cannot be engaged in this regard. 11. PAYMENT11.1. The customer has several methods of payment available offering guarantees of security including :
11.2. After selecting the method of payment, the customer must provide necessary information and confirm the operation. 11.3. As the operation is not validated, the customer can cancel the process of payment and return to the sale space. 11.4. All customer orders will not be in effect until after acceptance by Become Partners that acknowledges receiving the order electronically. 12. BILLINGThe bill for the products ordered is accessible on the private space reserved for the customer. If necessary; the customer can request a paper billing summary to the shipping address, unless stated otherwise. 13. CONTRACTUAL INFORMATION CONFIRMATION13.1. The contractual information will be confirmed on time via e-mail to the address indicated by the user on the subscription form. 13.2. This confirmation e-mail will include the following :
13.3. It is up to the customer, under his/her sole responsibility, to keep on the support wherever they may choose, the contractual information received from Become Partners. 13.4. In the case where Become Partners does not accept an order, Become Partners agrees to inform the customer via electronic or postal mail as soon as possible. In this case, the order is cancelled. 14. ELECTRONIC SIGNATUREThe « positive double click » by the customer made during the acceptance and agreement of the present general terms and conditions of sale is considered as an electronic signature that has the same value between the parties as a written signature. The digital registries of information, kept in the information systems of Become Partners in reasonable conditions of security will be considered as proof of communications, subscriptions and payments occurred between the parties. The archiving of the orders and the bills is done on a reliable and lasting recording support system that can serve as proof. 15. EXECUTION OF THE ORDER15.1. In case of the ordered product not being available, the customer will be notified as soon as possible. 15.2. Become Partners will try to propose a product of an equivalent price and quality to the customer. 15.3. Based on this hypothesis, the customer is free to validate or cancel his/her the order. 15.4. In the hypothetical case of the customer exercising the right to cancellation, Become Partners agrees to reimburse the customer as soon as possible, and in the latest case, within thirty days after this right has been exercised. 15.5. The reimbursement in the case of all or part of the order not being available, will be done as chosen by Become Partners either by transfer to a bank account or by bank check. 15.6. As well, Become Partners reserves the right, in the case of persistent unavailability of products, to temporarily close the sale area and will eventually indicate a date of reopening of this area. 15.7. The following will be considered circumstances out of the control of Become Partners releasing Become Partners from its obligations : war, riots, fire, strikes, accidents as well as all exterior causes holding up or stopping the provision of services. 16. DELIVERY16.1. Become Partners agrees to deliver the ordered products as soon as possible after the order is validated. 16.2. When delivery involves downloadable software, the download delay is provided for information only. 16.3. Any possible delays in transmission do not give the customer any right to reparation. 16.4. When delivery involves products that require physical delivery, a part of the cost of shipping and handling of the package will be charged additionally to the customer. The amount of this charge is calculated depending on the distance of the delivery. For deliveries outside metropolitan France, the customer agrees to pay all import taxes, customs charges, added value taxes, according to the laws and rules in force in the country of delivery. 16.5. In metropolitan France and European Union countries, deliveries are done by the French Postal Service (La Poste) according to the type of delivery service chosen by the customer, including :
16.6. In countries outside the European Union, deliveries are done by international postal services or by Chronopost depending on the customer’s choice. 16.7. The products are delivered to the address indicated by the customer on the order summary. 16.8. The transfer of the risks of loss, theft, destruction or damage of the products starts when the products are sent for delivery. Become Partners can therefore not be held responsible for any damages occuring during the transfer of the products. 16.9. In the case of damages noted to the delivered products , the customer should note the damages on the delivery receipt and notify the transporter within 48 hours of the delivery of the merchandise, by registered letter return receipt requested addressed to the transport company. 16.10. The information about the identification of the transport company is on the delivery receipt. s 16.11. In the case of there being no delivery receipt, the customer can address their complaints to the following address : BECOME PARTNERS 149 avenue du Maine - 75014 Paris - FRANCE. 16.12. If there is a delay of delivery of less than 30 business days from the date of the confirmation of the order, Become Partners is not held responsible and cannot be held to the payment of any reparations. 16.13. If the the delivered products are not the same as the products ordered, the customer has a delay of 7 business days from the date of delivery to make their complaint, by registered letter with return receipt requested to the following address : BECOME PARTNERS 149 avenue du Maine - 75014 Paris - FRANCE. In this case, Become Partners agrees to pay for the charges of redelivery and to redeliver the products ordered as soon as possible, if they are available. 16.14. In the case of the products no longer being available, Become Partners will immediately inform the customer who can either request reimbursement for the products or can request an equivalent product, of an equivalent price and quality. 16.15. For reasons of availability, an order can be sent in multiple shipments. In this case, the customer will only be responsible for paying the charges of the first delivery. 17. CONSERVATION AND ARCHIVING OF TRANSACTIONSIn accordance with article L.134-2 of the Consumer Code, Become Partners assures the conservation of the writing describing any customer order for any amount more than or equal to 120 euros for a duration of 10 years from the date of delivery of the ordered products, and guarantees access to it during any part of this period. 18. ENCRYPTIONBecome Partners guarantees that the means and process of encryption used to protect transactions are in conformity with applicable laws. 19. RESPONSABILITY19.1. Become Partners is held, for all the use of its web site http://www.store-become.com, only to an obligation of means. 19.2. The responsibility of Become Partners will not be engaged in the case of nuisances or damages inherent to the use of the Internet network, such as lack of service, an exterior intrusion, the presence of a virus or anything that qualifies as « circumstances out of control » by the courts. 19.3. The products available are in conformity with current French legislation. Become Partners’s responsibility will not be engaged in the case of non-respect of the legislation or laws where the products are delivered. 19.4. The photos and text illustrating the available products are not contracts. In consequence, Become Partners will not be responsible in case of error in one of the photographs or texts. 19.5. Become Partners will not be held responsible if a contract is not executed due to circumstances out of its control, from third parties or from the consumer. 19.6. Become Partners will not incur any responsibility for any indirect damages such as loss of data, loss of exploitation, loss of profit, loss of profit or loss of chance. 19.7. Become Partners cannot be held responsible for any damages which might result from incorrect use of the products or download instructions. 19.8. Become Partners cannot be held responsible for any items being out of stock or the unavailability of products or of the internet site. 19.9. Hypertext links may lead to sites other than the one of Become Partners http://www.store-become.com. In that case, Become Partners is released from all responsibility if those sites are contrary to applicable laws or rules. 19.10. In all cases of cause, the responsibility of Become Partners is limited to the amount of the order placed by the customer. 20. INTELLECTUAL PROPERTY20.1. SITE PROPERTY20.1.1. Become Partners declare to own the author and/or the using rights on all the texts, commentaries, work, illustrations, images and sound used in the web site http://www.store-become.com. 20.1.2. Those general terms and conditions of sale does not transfer any intellectual property rights to the client about those elements. 20.1.3. The customer is prohibited from violating the property rights of Become Partners either directly or indirectly especially concerning those elements. 20.1.4. All partial or total reproduction of the catalogue and the web site of Become Partners is strictly prohibited. 20.1.5. The internet user who has a web site, even a personal one, and would like to place a link on its site to lead to any page of the web site www.store-become.com, even for personal puroses, must obtain prior express authorization of Become Partners to establish this link. 20.1.6. This authorization does not, in any case, qualify as an implicit convention of affiliation. 20.1.7. Very specifically, it is formally prohibited to establish a hypertext link to the web site of Become Partners using « framing » technologies or that of « in-line linking ». 20.1.8. In any case, the hypertext links going to the web site of Become Partners should be withdrawn with Become Partners’s first demand of such. 20.2. SOFTWARE PROPERTY20.2.1. Become Partners declare to own the rights of using the sofwares offered on the web site, and declare to own the necessary rights for their exploitation and distribution, in the limit of the rights given through the using licence of the softwares, that the customer declare to have readen and accepted the terms. 20.2.2. The customer is prohibited from any use non specifically authorized by the licences, otherwise it will be considered to be counterfeit. 20.2.3. The right of using the software by the client does not transfer any intellectual property rights to the client. 21. INTEGRITY OF ON-LINE ELEMENTSThe customer agrees to not damage, access illegally or modify the data stored on the Become Partners server. 22. PERSONAL DATA - CONFIDENTIALITY22.1. The information that is requested from the customer is necessary for processing his/her order. 22.2. The customer may write to Become Partners to oppose this communication or to exercise the rights of access or correction of personal data stored in the files of Become Partners, in the conditions stipulated in law n°78-17 of 6 January 1978. 22.3. Become Partners declares all its files to the National Commission of Technology and Freedoms (CNIL). 22.4. Become Partners does all possible to assure the security and the confidentiality of its data. 23. CUSTOMER ID / PASSWORD23.1. The customer is solely responsible for the preservation and of the confidentiality of his/her password and/or customer ID. 23.2. The customer agrees to take all useful measures to assure this perfect confidentiality. 23.3. All use of a password indisputably implies the usage of one or more services of Become Partners. 23.4. The customer agrees to notify Become Partners without delay all loss, forgetting of or disclosure (voluntary or not) to any third parties of his/her password. 23.5. This notification should be addressed to Become Partners and should be confirmed by registered letter with return receipt requested. 23.6. Become Partners will suspend access to services and will refuse all access or order with that password with a delay of one (1) hour after receiving the registered letter with return receipt requested. 23.7. Only the date of delivery of the registered letter will be trusted between the parties. 24. NULLITYIf one or more of the stipulations in the present general terms and conditions of use are declared or are considered invalid in application of the law or via a definitive decision by a competent jurisdiction, the other stipulations will remain in full force and valid. 25. INTEGRALITY25.1. The contractual documents included in the present general terms and conditions declare all the obligations of the parties. 25.2. The fact that Become Partners does not take advantage of a breach by the customer as far as one of the obligations in the present conditions will not be interpreted as a renunciation of the duty concerned. 26. APPLICABLE LAW26.1. The present contract is regulated by French law. 26.2. It is such for both rules of base and rules of form and this, notwithstanding, the place of execution of the substantial obligations and accessories. 27. JURISDICTION27.1. IN CASE OF A CLAIM , COMPETENCE IS EXPRESSLY ATTRIBUTED TO THE TRIBUNAL OF COMMERCE OF PARIS, DESPITE THE PLURALITY OF DEFENDANTS OF GUARANTEE OF APPEAL, EVEN FOR URGENT OR CONSERVATIVE PROCEDURES . 27.2. If any terms in the French online version of the general terms and conditions of use is different from the translated English version, the French meaning of the terminology and statements will supercede the English one for all purposes. | |
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