General Terms of sales - WEB SITE « E-SHOP » TSI
TRACE SOFTWARE INTERNATIONAL
PARC ECO NORMANDIE 76430 SAINT ROMAIN DE COLBOSC
VAT n° : FR81507704716
Trace Software International (Parc Eco-Normandie, 76430 SAINT ROMAIN DE COLBOSC - SIRET 793167305800010 - VAT FR81507704716), hereinafter referred to as "the Company", is a company specialized in the development of software and services dedicated to industrial engineering with 'unique expertise in the design of electrical and photovoltaic installations.
These General Terms and Conditions of Sale, hereinafter referred to as GTCS e-shop, specify the terms of the sale of the Trace Software International softwares, hereinafter referred to as “the Product/s” and of the Services related to the softwares marketed by the Company via the e-shop.
These GTCS e-shop will be subject to change at any time and without notice. The applicable GTCS will then be those in effect on the date of your order.
As soon as you place an order with the Company, you declare that you have the full legal capacity to engage yourself and declare to adhere without restriction or reservation to the present e-shop General Terms of Sale.
The order confirmation will be worth signing and acceptance of the operations carried out.
Once passed, the order cannot, except in case of force majeure, be modified or cancelled.
A summary of the information of your order as well as an invoice will be communicated to you.
The company reserves the right not to register a payment and not to confirm an order.
The prices of our products mentioned on the pages of the descriptions are indicated in euros and excluding taxes applicable to the day of the order excluding processing and shipping costs.
In case of order to a country other than France, you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Trace Software International. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to inquire about these aspects with your local authorities.
The company reserves the right to modify its rates. Thus, the product will be invoiced on the basis of the current price at the time of the validation of the order.
4. Terms of payment
Validate the order implies the obligation to immediately pay the price indicated.
All orders are payable in euros only.
The payment of purchases is made by bank transfer to the account of the company according to the bank details transmitted on the site, or by credit card via the secure system or Paypal.
5. Deadlines and delivery
Delivery times are only indicative and as accurate as possible. Possible delays do not give you the right to cancel your order, refuse the Products or claim any compensation.
In the context of online sales, products are only available for download for licenses. Therefore, no Product can be returned.
The professional client does not benefit from any right of withdrawal after validation and payment of the order.
7. Warranty and responsibility
The products are delivered with the associated documentation and are guaranteed according to the conditions of the warranty granted by the manufacturer or the publisher on each of its products.
Therefore, you will have to use the Product according to the technical prescriptions and the advice of use of this documentation. Otherwise, you will be immediately and totally deprived of the benefit of the applicable contractual warranty and the Company would be immediately and without any other condition, relieved of any responsibility in the event of damage of any nature whatsoever, caused to the goods or the persons of the fact, directly or indirectly, products sold and their use.
If the liability of the Company were to be recognized in respect of a product supplied, the maximum amount of compensation that may be paid to you in no way exceed the price paid for the Product in question.
8. Force majeure
The Company shall not be considered defective in the performance of its obligations and be held liable if this obligation if temporarily or permanently affected by an event or cause of force majeure. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of Article 1218 of the Civil Code, independent of its will and beyond its control.
9. Service support
When subscribing, you will benefit from telephone and web support for the operation and use of the Product.
You will be able to directly contact the customer service at the number and / or the email address communicated to you and during the opening hours of the company.
This service is intended to assist you in case of difficulty of use of the Product and will in no case to repair or maintain the equipment from a distance.
10. Processing of personal data on the e-shop website
In a logic of respect for the privacy of its customers, the company undertakes that the collection and processing of personal information made via the e-shop are made in accordance with the law n ° 78-17 of the 6 January 1978 relating to computers, files and freedoms, known as the "Informatique et Libertés" law as amended in 2004 and to Regulation (EU) No. 2016/679, known as the General Data Protection Regulation (RGPD).
As such, the website www.trace-software.com is the subject of a declaration to the CNIL under number 1528032.
Your personal data is necessary to manage your order and improve the services and information we send you.
Thus, they can also be transmitted to the various departments of the company that contribute to the execution of services and orders for their management, processing and payment.
Nevertheless, our activity does not consist of selling or renting personal data files. Therefore, Trace Software International will never share your personal data with third parties except with your consent or as required by law.
In accordance with the law mentioned above you have the right to access, rectify, oppose and delete any personal data that concerns you.
For more details on the processing of your personal data and your rights, you can consult the page https://www.trace-software.com/conditions-of-use-and-privacy/
11. Intellectual property
The e-shop of the company took as a whole, as well as each element which composes it (marks, logo, texts, sounds, images, videos, animations, database ... without this list being exhaustive), are the exclusive property of the Company.
You have a right to private, personal, non-collective and non-exclusive use of this content. Subject to the exceptions to copyright provided for in Article L122-5 of the French Intellectual Property Code, any other use of the content is subject to prior and express authorization by Trace Software International. The violation of these mandatory provisions subjects you, and all persons responsible, to the criminal and civil penalties provided by law.
For any request for authorization you must contact the Company.
In addition, you recognize the software of the company as a work of the spirit, which you force yourself to consider as such by prohibiting you in particular:
- To copy or reproduce all or part of the software of the company by any means and in any form,
- To use the software otherwise than according to the strictly interpreted provisions of these general conditions of sale,
- To translate or transcribe the software and / or the documentation into any other language or idioms, or to adapt or add to them any object that does not comply with their specification
In the event of a conflict of interpretation between the provisions of these terms and conditions and a translation which would have been made in another language, the French version will prevail.
13. Applicable Law and Jurisdiction
This contract is subject to French law.
For any dispute or litigation not settled amicably that may arise from these terms and conditions, only the court of LE HAVRE will be competent.
The website https://eshop.trace-software.com/en/ is published and maintained by Trace Software International SAS with a capital of € 190,790, registered in Le Havre RCS under number 507 704 716 and whose registered office is ZAC du Parc Technologique Regional 76430 SAINT ROMAIN DE COLBOSC - FRANCE. Phone: +33 (0) 232 794 424.
VAT: FR81507704716 SIRET: 507 704 716 00012
The site is declared to the CNIL under number 1528032.
The director of the publication is Mr. Etienne MULLIE, General Director.
The accommodation is made by OVH, head office: 140, Quai du Sartel, 59100 Roubaix – France.
update : 02/08/2021 (MG 08.02.2021 V.2 IC 1)