General terms of sale
Definitions
- The Customer (you): entity buying GWI Products.
- Purchaser: person buying Products for own private use.
- GWI (GlobaWare International - us): the seller of the GWI Product.
- GWI Products: products bearing the "GlobaWare International" name, mainly databases for translation from one language to another, dedicated to one or more specific programs and a special version of that/those program(s).
Article 1: Scope
The purpose of these General Terms of Sale is to govern agreements made between GWI and the Customer relative to the sale of GWI Products. It applies to products sold on http://www.globaware.com to persons not acting in a business context (private users not business users). Any amendment to this agreement must be confirmed by GWI in writing. All other terms excluded. By sending your order you expressly consent to this agreement.
It is the Customer's responsibility, before ordering, to read these General Terms of Sale. They apply without prejudice to the special legal provisions relating to consumer protection and sale by mail order in accordance with French law.
Article 2: Purpose
This agreement concerning the purchase of GWI Products is made between a trader registered in France (legal entity acting in a business context) and a purchaser within the context of this system of sale.
Article 3: Applicable law
The parties agree that this agreement is subject to French law.
Article 4: Protection of GWI Products
GWI Products are protected by laws and treaties governing copyright throughout the world. This document is a license and does not under any circumstances represent a transfer of rights. Consequently, GWI Products cannot be resold, copied, reproduced, published, dis-assembled, transmitted or distributed, and no copyright marks may be defaced in any way whatsoever, without GWI's prior consent.
Article 5: Availability
The products offered are available within a period of 2 working days from order confirmation and are supplied to the purchaser by e-mail only.
In the event of temporary non-availability, the customer undertakes to accept and pay for the partial supply and not to claim any recompense. In return, and in the event of non-availability extending to more than thirty days, the seller undertakes to offer the purchaser a substitute product at a comparable price, or to refund the purchaser.
Article 6: Order
The Customer's order expresses the acceptance by the Customer of the terms herein. It is sent in writing just before the transaction on the Internet. "In writing" means an e-mail or return of the form from the GWI web site. GWI Products are payable on order.
GWI may make alterations to an order, on condition that replacement products are of equivalent price. All orders are firm and final from confirmation of the order by the Customer.
Article 7: Withdrawal period
The withdrawal period is 7 working days, as from the date of receipt of the products by the purchaser. If the trader fails to meet its obligation to inform, the withdrawal period is extended to 3 months, as from the date of their receipt by the purchaser.
In the event of the right of withdrawal being exercised within the specified periods, the trader must refund sums paid by the purchaser, without charge. Repayment is due within a maximum period of 30 days.
Article 8: Prices
The price of GWI Products, and the VAT rate, are those current on the date of the Customer's order. Prices are stated in EUROS, all taxes included (including VAT), and may be amended in line with changes in the current rate of VAT. Prices may change in accordance with versions marketed and are for a single workstation (computer).
As goods are supplied exclusively by electronic means, the prices stated do not include carriage and insurance.
Any set-up and maintenance costs on-site are specified as being in addition to the prices quoted and will be covered by a special quotation when so requested by the Customer. "Costs" means travel and accommodation expenses for engineers and invoicing for time spent, calculated on the basis of a minimum of 2 hours.
Article 9: Payment - secure means of payment
GWI Products are paid for, unless there are special terms, in cash and without discount. The issue of a note (draft or other) creating an obligation to pay does not constitute payment.
Payment is by credit or debit card by means of the Paybox system that provides SSL security and requests authorization from the CARD PAYMENT GROUP that authorizes the transaction. Orders are only deemed final when the card payment receives the aforementioned authorization. In return for this authorization, the customer receives by e-mail a numbered receipt of payment (equivalent to a card payment docket).
Article 10: Information to the purchaser
As Customer, you are responsible for:
- choosing your Product and ensuring it is suitable for the use envisaged,
- your phone and postal charges when you contact GWI,
- completion of the technical pre-requisites before using GWI Products, and for the back-up and confidentiality of your data.
You should provide our staff with all reasonable courtesy, information, cooperation and specific access facilities to enable prompt fulfillment of our undertakings; failing this, we shall be released from them. Both parties will treat confidential information received from the other party with strictest confidentiality.
GWI sends the purchaser, by electronic means, at the latest on supply of the products, confirmation of all items constituting the agreement, namely:
- Identity and references of the trader with the geographic address where the purchaser can make a complaint;
- Essential features of the goods or service;
- Price including VAT;
- Existence of the right of withdrawal and how it can be exercised;
- After-sales service and sales warranty.
This agreement does not affect the fundamental rights held by consumers under the law.
Article 11: Personal information
GWI undertakes not to disclose information concerning the customer to third parties, without their prior consent. Such information is confidential. It may only be transferred to a third party in the event of sale of the business.
In accordance with France's data protection and freedom of information act, you have the right to access, correct and oppose any personal data concerning you. To do this, you may so request by any means.
Article 12: Warranty - After-sales service
GWI provides a warranty for its products for 6 months from the date of supply and for the items stated on the order, on condition that they are used under normal conditions and in accordance with the specifications stated at the time the product was purchased (in particular concerning the program dedicated to the product and its version), against any manufacturing defect or duplication defect and on condition that they allow use essentially in accordance with the functionalities described in their respective documentation.
Any claims under warranty on GWI Products should be sent by e-mail to GWI (siat@globaware.com). Defects or damage caused by an external accident, or by any modification of the product not anticipated or specified by the seller are excluded from the warranty. Any carriage charges are payable by the purchaser. Work under warranty shall not have the effect of extending said warranty.
Under the warranty, the sole obligation incumbent upon the seller shall be to replace free of charge the product or component recognized faulty by its after-sales service. In particular, GWI shall not be held liable for any consequences to the purchaser, nor for any loss of saved data. In all instances, the contractual warranty shall be cancelled in the event of use under abnormal conditions (hardware defect, programs that are unlicensed or stated to be incompatible, etc.).
The contractual warranty does not cover:
- programs to which the GWI Products are dedicated and that in particular have not been set up or used in accordance with their documentation and/or manufacturer's technical instructions.
- the change of version of a program to which the GWI product is dedicated.
- damage caused by instances of force majeure such as fire, explosion, war, etc..
- conspicuous defects that the Customer should notify on supply and remain the Customer's responsibility alone.
It is agreed between the parties that GWI's liability is strictly limited to the provisions of this Article as concerns any physical damage or consequential loss.
Article 13: Disputes
These General Terms of Sale, and all acts and deeds consequent thereto are subject to French law and any dispute ensuing from their interpretation or performance shall come within the competence of the Commercial Court of Antibes, Alpes-Maritimes, France, even if there are several defendants or third parties are introduced. The same court shall also be competent in matters of special urgency.
Article 14: Supply
Whatever the uses and means of sale of GWI Products, supply is deemed completed, unless stated otherwise in a specific clause, on leaving GWI. Risks and liabilities for keeping GWI Products are transferred to the Customer as from the date of supply. Consequently, the Customer alone is responsible for paying costs and assuming risks, in particular as regards transfer, which affects these products, subsequent to supply.
GWI undertakes to supply to the Customer, under its General Terms of Sale, GWI Products on electronic medium (FTP or e-mail transfer by electronic trading), as a single copy, within an interval of 2 working days from payment for the order.
In order to ensure the best supply possible, the Customer undertakes to provide GWI with all information necessary for the proper performance of the agreement, and in particular their system key.
As GWI designs products dedicated to specific programs (unique program and version), GWI expresses all due reservations on the acquisition and use of the said products under conditions other than those stated on the GWI web site.
Article 15: Reservation of ownership
Products sold remain the property of GWI until full payment of their price in principal and interest. As they are transferred on leaving GWI, products are sent at the Customer's risk; it is thus the customer's responsibility to check the products, and where applicable to lodge a complaint with their web access provider.
Article 16: Liability
We decline all liability for: (i) indirect damage or consequential loss such as loss of sales, data, wages, income and/or loss of earnings, to which the client expressly agree, (ii) damage repaired by GWI within a reasonable time, (iii) damage that you could prevent or limit by reasonable action such as backing up data or applying our advice, (iv) all items excluded from the warranty or by force majeure.
Despite the precautions taken by GWI to prevent this type of problem, it shall not be liable in the following instances:
- damage arising subsequent to the introduction of a virus, by any means whatsoever, in the purchaser's computer;
- financial consequences related to misusing a program;
- design defect (or bug) in a program to which a GWI product is dedicated.
Article 17: Specifications
GWI reserves the right at all times, for any product shown on its web site, to make any technical and/or design changes it sees fit as regards the technical development of programs to which GWI Products are dedicated. These changes are made by GWI without it being obliged to modify products already supplied and without alteration of prices for products ordered.
By express agreement between the parties, any obligation and any liability on the part of GWI is excluded as regards alterations that may be made at any time by the author of the programs to which the GWI Products are dedicated.
In all instances, it is Customers' exclusive responsibility to choose, in accordance with their requirements, products associated to programs that are suitable, and to make any material, intellectual, structural and other provisions necessary to enable satisfactory use of said products. GWI's undertaking is restricted to due care, Customers alone remaining decision-makers as to the fitness of GWI Products dedicated to programs in accordance with their needs. In particular, it is Customers' responsibility to ensure that they have the right versions of said programs, and the corresponding user licenses.
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