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FOR PUBLISHERS

Would you like to distribute your products via download in Toomai and profit from our network ?

Powered by Nexway
 
1 - Introduction 2 - Price 3 - Order
4 - Confirmation 5 - Availability 6 - Delivery
7 - Tax exemption 8 - Secure payment 9 - Right of retraction
10 - Liability 11 - Applicable law - litigation 12 - Protection of personal data
13 - Rights of use    
 

ARTICLE 1 : INTRODUCTION

The general sales terms and conditions detailed herein (hereafter referred to as the "General Conditions"), govern the contractual relationships between any user of the site (hereafter referred to as a "User" or "You") and the Société par actions simplifiée (limited stock company) NEXWAY SAS, with capital of Capital  1.632.221,00 € and headquarters located at 1 avenue du Général de Gaulle, Tour PB5, 92 074 Paris La Défense Cedex , FRANCE (hereafter referred to as " Nexway" or "We"), telephone number +33 (0)1 55 17 31 55, and registered with the Registre du Commerce et des Sociétés (Company House) of Nanterre under the number B 440 953 859.

These General Sales Terms And Conditions are the only applicable terms and conditions and replace all other conditions, except by prior explicit and written agreement. Nexway may from time to time modify some of the provisions in these General Conditions, and so they must be read prior to each visit to the site. These modifications are applicable as soon as they are put on-line and do not apply to previously agreed contracts. Each purchase on the site is governed by the General Conditions applicable on the date of the order. The fact that you confirm your order automatically indicates your acceptance of our General Conditions.

By accessing the site, you agree to respect the General Conditions as well as any Conditions of Use that may apply.


ARTICLE 2 : PRICE

The sales prices indicated on the site are in Euros and include all taxes, unless specifically stated otherwise. As part of an order for a box, the User is informed of any delivery charges as he selects the products, and these are invoiced at the end of the order in addition to the price of the selected products.

Please note that for the European Union, the prices appear in Euros on the Site as well as in the currency of the sending country for information purposes, without the latter having any contractual value whatsoever.

Nexway is not liable in the event of error or inexactness in the conversion system used.

We reserve the right to modify our prices at any moment, but agree to apply the prices that were indicated on the site at the time you placed your order


ARTICLE 3 : ORDER

Orders are made exclusively on the Internet through the affiliated sites or through shopping sites managed by Nexway. The service may be accessed on a permanent basis, except during maintenance and servicing periods, during server updates and during any extraordinary interruption.

The customer selects the means for acquiring his product on the Site. Once this selection has been made, a new window, specifying the different payment methods and the reference code needed to obtain the product, appears.

Nexway offers software to be downloaded from our site:

  1. Download
  2. Potentially for some products physical delivery of products on CD, DVD, conditioned in boxes

You will receive an e-mail confirming your order once your payment has been approved. The time required to approve payment varies depending on the mode of payment. In no case can Nexway be held liable for the time required to approve your payment.

In the case of an article ordered by download, you may access your product by clicking the download link displayed either on the payment accepted page or later in the confirmation e-mail. You will then automatically have a period of 21 days to download your product at your convenience. At the conclusion of this 21-day period, the download will no longer be available and the service must be unlocked by the customer service department using this contact form; you will then be notified of the procedure to follow.

You will also be sent or be able to download from the site an invoice immediately after your order.

The contractual information is presented in the language of the site and must be confirmed. Nexway reserves the right to cancel or refuse any order from a customer following a payment incident related to a previous order or if the information provided by the User should prove to be incorrect.


ARTICLE 4 : CONFIRMATION

You declare that you have read, understood, and you accept these general sales terms and conditions prior to placing your order. The confirmation of your order therefore constitutes acceptance of these General Sales Terms And Conditions. Unless there should be proof of fraud on the part of Nexway, the data registered by Nexway constitute proof of all of the transactions between Nexway and You.


ARTICLE 5 : AVAILABILITY

Our product and price offers are valid for so long as they are visible on the site, and as long as there is stock available. The estimated time required to transmit the data for downloading a product is only given as an indication, and in no case do any delays give the purchaser the right to cancel the sale, refuse the merchandise or claim damages, except as stated in article 9 of this document. Any claim for non-compliance of a product with the order must be made within 14 complete days starting from the date of reception of the product, in the case of a box order, or the date of the order, in the case of an order by download.

Please note that we will honour your order within the limit of availability of stock. As a result, orders are only accepted following verification of the availability of stock. In the event of non-availability of a product after your order has been made, we will inform you by e-mail or letter as soon as we have been informed of the situation by our suppliers. This information comes directly from our suppliers; there may on rare occasions be errors or modifications.

In the event the ordered product should not be available, if your payment has already been made Nexway agrees to reimburse you within thirty days of payment of the amount.


ARTICLE 6 : DELIVERY

You can order a back-up copy of your downloaded or DVD product.

In the framework of such a purchase, delivery is made from Metropolitan France. Your order will be delivered to you at the address that you provided at the time you placed your order.

Back-up copies are sent by mail, and any and all expenses related to this option depend on the article selected.


ARTICLE 7 : TAX EXEMPTION

All products delivered electronically to an individual living in a member country of the European Union and delivered from another member country of the European Union are automatically subject to the VAT of the delivering country, in this case France. Only customers living outside the European Union will be invoiced without VAT, and the statement of any applicable VAT is the responsibility of the purchaser of the product. Companies within the European Union that do business with another company within the European Union (and in a different country from the first company) must provide their intra-community VAT number in order to be invoiced excluding VAT.


ARTICLE 8: SECURE PAYMENT

Nexway provides several modes of payment. For payment by credit card, the amount is debited at the time your order is sent on condition that prior authorisation for debiting your account has been obtained from the applicable payment centre. Failure to obtain such authorisation will result in cancellation of your order.

At the current time, our partners offer all of the functions required to manage secure payment on the Internet. The integrity of the exchanged data is ensured by the exchange procedure, and the messages are encrypted using SSL and SET technologies.

These technologies do not require prior download of specific software to your hard drive. The system sends the response codes to our partners' server in accordance with the ISO standard IS 8583, and in the case of agreement a receipt is provided to each party, the customer and the on-line merchant. This electronic receipt enables subsequent confirmation of the existence of the payment at the request of either party.

The encryption methods used are subject to a statement made to the administrative authorities of the French government.


ARTICLE 9 : RIGHT OF RETRACTION

When the conditions stated in the previous paragraph are met, the User can exercise the right of retraction in accordance with the following:

- for physical media (back-up DVD, CD boxes):

The product must be returned in the original factory-sealed condition at the purchaser's expense within a period of 14 days from reception, accompanied by the invoice.

Only products in a new and complete state that are returned in their original, factory-sealed packaging will be accepted, and they must be sent to:

Nexway S.A.S.
1 avenue du Général de Gaulle
Tour PB5
92 074
Paris La Défense Cedex
FRANCE

We recommend that you return the merchandise by registered mail, insured for the market value of the products by the transporter. This may be necessary if there should be damage to or loss of the merchandise by the transporter.

- for downloadable products:

The user must send an e-mail within 14 days of the date of the order, stating his desire to exercise the right of retraction using the contact form.

The exercising of the right of retraction makes it impossible for the User to access the download area.

This right may no longer be exercised however, even when the 14-day time period has not expired, in the event that the product license has been delivered. The right of retraction may not be exercised for software requiring an on-line subscription and for which the order cannot be cancelled.


ARTICLE 10 : LIABILITY

This contract is subject to French law. Nexway cannot be held liable for the non-execution of the concluded contract in the case of force majeure or when the non-execution is due to one of our partners. In the latter case, the User is free to make a claim against the liability of the partner at fault.


Nexway cannot be held liable for any consequences resulting from improper use of the products sold on the Site. In the event of doubt as to how to use the product, the User can call Nexway's customer service department.


ARTICLE 11 : APPLICABLE LAW - LITIGATION

This contract is subject to French law. The language of this contract is French. In the event of litigation with professionals and/or merchants, the courts of Nanterre (France) shall have jurisdiction. In other cases, the applicable jurisdiction shall be appointed in accordance with the applicable rules of governance.


ARTICLE 12 : PROTECTION OF PERSONAL DATA

As the information that you send us is indispensable for processing and shipping your order, for drafting the invoice and warranty, its absence shall cause the cancellation of your order. When you register on the site, you agree to provide us with true and accurate information about yourself.

The transmission of false information is a violation of these General Conditions and any conditions of use that may be on the site.

In compliance with the law "Information technology and Freedom", the processing of your information is subject to a statement made to the Commission Nationale de l'Informatique et des Libertés (CNIL - National Commission on Information Technology and Freedom).

You have the permanent right to access and rectify your personal data, in compliance with the applicable European and national laws (article 34 of the law of January 6th, 1978). You can at any time and on request modify these data by sending us a letter at the following address:

Nexway S.A.S.
1 avenue du Général de Gaulle
Tour PB5
92 074
Paris La Défense Cedex
FRANCE

If you should so accept when you register for the site, you will be sent promotional e-mails offering new products and/or services, clearance offers, exclusive products and/or services, good deals, and so forth. You can request that we stop sending you these e-mails at any time by clicking the relevant link that is at the foot of each of the e-mails that we or our partners send you.

Nexway is sole holder of your personal information. Nonetheless, if, when registering for the site, you have expressly agreed, we may transmit your data to our sales partners for commercial prospection purposes. If you should accept, Nexway and our contractual partners may send you information as part of specific and occasional promotional operations. These partners are specially selected by Nexway and are recognised for the quality of their products and services.

Our site is also designed to be especially attentive to our customers' needs. This is one of the reasons, among others, for our use of cookies. The objective of the cookie is to indicate your visit to our site. The cookies are therefore only used by Nexway in order to improve the personalised service you receive.

Please note that you may block the recording of cookies by configuring your browser in order to stop them from being kept. Our customer service department is available to help you configure your Internet browser if you should have difficulty doing this.


ARTICLE 13 : RIGHTS OF USE

The products are protected by international regulations and agreements governing intellectual property rights and copyright. These are the exclusive property of their publishers. This contract grants the User a license for the downloaded products or the products recorded on the delivered physical medium. The license is granted by the publisher of the product. In no case does it entail the transfer of rights to reproduce, represent, use for commercial purposes or more generally any other intangible rights recognised or that will be recognised as part of the production of the software. The software must therefore not be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse engineered, or used in combination with other software, unless the license granted by the publisher expressly authorises such action or if applicable law states that such an act constitutes a right that cannot be contractually waived.

Nonetheless, it is generally accepted that the main user may install additional licenses for strictly personal use, subject to applicable commercial offers, or make a second copy for recording or archiving purposes.


NEXWAY SAS, Capital of Capital  1.632.221,00 € registered under RCS (co. no.) of

Nanterre N°: B 440 953 859. VAT N°: FR 33 440953859

Address: 1 avenue du Général de Gaulle, Tour PB5, 92 074 Paris La Défense Cedex , FRANCE

www.nexway.com

Represented by Mr Gilles Ridel

Tel: +33 (0)1 55 17 31 55

 
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