These sale conditions are translated from
the French version.
In case of litigation and misinterpretation,
version ) will prevail.
1.DEFINITIONS 1.DEFINITIONS (French
2.PURPOSE OF THE CONTRACT
4.PRODUCTS AND SERVICES ESSENTIAL CHARACTERITICS
5.ACCEPTANCE OF THE SALE CONDITIONS
7.PRICE AND METHOD OF PAYMENT
8.REFUND AND REPUDIATION
9.WARRANTIES AND RESPONSIBILITIES
10.PRIVACY - Legal information
13.SETTLEMENT OF DISPUTE
Internet : A worldwide computer
network that allows communication and data transfer between people
connected to it (computer)
OF THE CONTRACT (French
Identifier (ID) : In telecommunication and data
processing systems, one or more characters used to identify, name,
or characterize the nature,properties, or contents of a set of
Contract: The present document Registration data
: The information fills in the order form.
Download : The action of a computer receiving
files from a remote computer.
You: Refers to the client to whom the company
LUTEUS either gives the right to install and use its software
after payment of the user licenses either provides a contract
to update the software.
LUTEUS: Defines the company « LUTEUS SARL»,
registered at "Registre du commerce et des Sociétés de Melun",
its headquarter is located at Eco-Pépinière de GPS,
42 rue de l’innovation,
77550 Moissy Cramayell,
This merchant site is dedicated to professionals
or companies and is Business to Business oriented (B2B).The
purpose of the present contract is to define the conditions of
sale applied when we proceed to the sale and shipping of our services
Shipping of virtual goods (software) are performed by electronic
data transfer.The present conditions applies to any transactions
performed through out our WEB merchant site or directly with
LUTEUS SARL (Société à Responsabilité Limitée)
Sarl, capital 8000 euros
R.C.S.Melun B 444 089 601
NAF : 6201Z
VAT number Intracommunautaire : FR05444089601
4.PRODUCTS AND SERVICES ESSENTIAL CHARACTERITICS
Eco-Pépinière de GPS
42 rue de l’innovation
77550 Moissy Cramayel
Tel : +33 183 855 004
Fax : +33 974 762 433
Web : www.loriotpro.com
E-mail : email@example.com
LUTUEUS' offer corresponds to on-line services
or software downloading.Distributed products are described in
depth on this site www.loriotpro.com in the product menu.Summary
of the product or service characteristics are also visible during
the order process.
4.1.Type and Usage
Software product is provided as an executable file and an activation
You are the only person or entity responsible
for choosing the product and its usage.Restrictions regarding
the use or usage of LUTEUS product are listed separately in each
product license.LUTEUS guarantees it will provide all the technical
support necessary to answer your questions.
4.2.Validity of the offer
The offer is valid one week after the date
of ordering.Prices may vary without notice.
THESE SALE CONDITIONS (French
The general sales conditions described herein
are systematically brought to the attention of every customer
in order to enable him to place his order.
Consequently, the placing of an order implies the full and unconditional
acceptance of these general sales conditions, notwithstanding
any other documents, such as sales brochures or catalogues issued
by the vendor, which have only an indicative value.
The buyer may therefore not impose any contrary conditions on
the vendor, unless expressly accepted, regardless of when these
conditions were brought to his attention.
The fact that, at any given point in time, the vendor may not
have imposed one or several of the present general conditions,
does not imply that he renounces his right to enforce these conditions
or the condition in question at a later date.
Information provided by the client during the order process is
the client's sole responsibility.Any error in the order form
is not LUTEUS responsibility.
LUTEUS confirms orders by E-mail.We recommend
you keep a printed version of this order.
and limitation of the offer
You can download all the software or services
from LUTEUS web site whenever you want.You may access our web
site from any Internet access.The geographical zone of the offer
is limited to your access to the Internet and to possible technical
incompatibilities due to your navigator.LUTEUS reserves the right
to refuse any sales to any destination
Deadlines correspond to the average time necessary
to process the date and deliver the product.Any order not shipped
within 30 days will be canceled and your payment will be refunded.
7.PRICE AND METHOD
OF PAYMENT (French
All our prices are in Euros.Current prices
are available on our WEB
site.The price billed to the client is the price indicated
on the order confirmation sent by e-mail from this address firstname.lastname@example.org.However, in case of a divergence between the price indicated on
the order and the price indicated on the official price due to
a typo or a miscalculation of our system the official price will
For French Companies : French companies
must add the TVA (Value Added Tax which is 19.6%) to the listed
price.The TVA is automatically added if you select France as
your country on the Order page of the WEB site.In case the order
is placed from a country other than metropolitan France, the ordering
company or individual becomes importer of the involved products
For European Union Companies: European
Union Companies must add the VAT, which is 19.6% to the listed
price.The VAT is automatically added if you select one of the
European Union countries as your country on the Cart page of the
WEB site.The VAT will not be added if you provide your Intra
Community TVA number in the required field on the Cart page of
the WEB site.
This process is set in order to simplify and develop exchanges,
and to avoid companies being taxed twice, first in their country
of origin, then in the country where the goods or service have
Company of others countries
outside European Community and French territories: The
price will be automatically calculated on the order and does not
Custom Fees: The price of
all the products and services does not include the VAT.If you
are a resident outside of the European Union and place a purchase
order, you must to pay all duties, taxes, tariff or fees applicable
to such products or services on import into the country in which
the products is ordered and installed, and to ensure that such
importation is not against any law applicable in that country.
Method of Payment (French
LUTEUS SARL accepts two methods of payment:
bank transfer (SWIFT)
SWIFT provides messaging services to banks,
broker/dealers and investment managers, as well as to market infrastructures
in payments, treasury, securities and trade.These services help
customers reduce costs, improve automation and manage risk.
To pay by bank transfer, Select the Pay by Bank wire at the end
of your order process.You and LUTEUS will receive an E-mail with
your order.Then proceed to the transfer by contacting your bank.Orders will be automatically canceled if the payment is not received
within a month from on-line order receipt.
The amount must correspond to the amount mentioned
on the order form in the total of your order.
WARNING : All
SWIFT charges are for your own account.We will not accept the
payment in any other cases.
Payment by check
(French customer only)
If you are a French company, we accept payment
by check in Euro issued from a French account.In order to be
processed, such order have to be validated by us.Contact us if
you want to use this payment method at email@example.com.
Your duly filled-in and signed order form
must be accompanied by a check made out to LUTEUS SARL and for
an amount corresponding to the one featured on the order page
in the "Total" row of the table.
For all payment method, the order validated
by the client shall not be considered as effective until the bank
payment centers concerned have given
their approval.If the previously mentioned
centers refuse this approval, the order shall be automatically
canceled and the client shall be informed by e-mail.Furthermore,
LUTEUS SARL reserves the right to refuse any order of a client
with whom a dispute has previously arisen.
Delay in payment
Any settlement delay will give rise by full rights (Article L.441-6 of the Commercial law) without the necessity of a formal demand for the payment of late charges on the basis of the rate ECB(EUROPEAN CENTRAL BANK) increased by ten ( 10 ) points and in the payment of a fixed compensation(allowance) for collection charges to the amount of 40 Euros.
Before purchasing our programs, please download
evaluation versions of our programs to make sure that they perform
to your satisfaction.The evaluation versions are fully functional
for a period of one month.
In an effort to limit software piracy and
credit card fraud, all orders are non-refundable.Since you have
evaluated our software before purchasing it, there should not
be any reason to return your purchase.Purchased programs are
identical to evaluation versions of our programs except that they
are not time limited.
9.WARRANTIES AND RESPONSIBILITIES (French
When you purchase a license to use one of our programs, you have
agreed to install and use the program on only one Computer.
Products and services are conforming to the
French legislation.Our responsibility could no be involved in
case our products or services do not respect your country's legislation.You are aware of these sales conditions and agree that your are
the only person or entity responsible for the matching between
our products or services and your needs.
Acts of God
If the purchased product is a LUTEUS software, you should refer
and agree with the User License Agreement.
If you purchase a service, you should refer to the conditions
provided in the contract.
For any other warranty, you are in charge of contracting an insurance
contract on your own.The responsibility of LUTEUS SARL, in all
events, is limited to the order amount and will not reflect upon
errors or omissions that could subsist despite the caution taken
in the product presentation.
None of the parties will be held responsible for failure
or delay in the execution of a contract or order if this failure
or delay is due to an Act of God as defined by the French law
and precedents of such case.
Acts of God suspend all contractual obligations during the
entire duration of such occurrence.
In case one of the conditions of this contract was not valid
or relevant pursuant to the laws or rules of any foreign country,
this condition will be defined as a non-written clause and will
not compromise or void the validity of this contract or of any
of the conditions of this contract, and the rules and conditions
appertaining to the use of our products of services will remain
valid and in full effect as stated in this contract.
10. PRIVACY - Legal information (French
In accordance with the franch law Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you..The client must provide LUTEUS with his name, address and
other information requested when placing a purchase order since
this information is mandatory for processing the order and drawing
the invoice. The minimum information needed to complete the
transaction and buy the product is indicated on the Web page order
form by an asterisk.You will be unable to place an order without
providing this minimum information.
LUTEUS could give your information to any third parties or
when required by law or those involved in the transaction except
if you explicitly disallow us by not checking the appropriate box
in the order form .
By adhering to these sales conditions, you acknowledge that
you are aware of LUTEUS security policy about your personal data and you allow us to collect and use it.
In order to ensure the safety of your payments, we use our bank SNVB from the
CIC group http://www.snvb.fr/
Copyright © 2002 LUTEUS SARL All rights reserved.
You recognize and agree that all information on LUTEUS web
site, including trademarks or other intellectual property, is
either the property of LUTEUS SARL, or is used with the authorization
of the owners, and subject to copyright.
Any reproduction, re-transmission or other use of such information
is strictly prohibited without consent of LUTEUS SARL.
OF DISPUTE (French
The present general conditions are subject to French laws.
Any dispute relating to the usage rights granted to the user
and/or to the application of the present general conditions shall
fall under the exclusive jurisdiction of the Tribunal de Commerce
de MELUN (FRANCE).
In case of a possible misinterpretation of
the information presented in the English version of our web site
or differences between the French and the English version, the
French version prevails.
When buying a software the clauses below are
LoriotPro End User