GENERAL DOWNLOAD CONDITIONS
1. COMPANY IDENTITY
The website www.microids.com is hosted by the company OVHlocated at 140 Quai Sartel 59000 ROUBAIX.
ANUMAN INTERACTIVE Limited Companywith a Social Capital of €123,970.20
Head office: 66, rue Marceau 93100 MONTREUIL
Trade and Corporate Register: 431 395 094
You may contact us:
- by telephone on+33 1 48 97 92 92
- by mail: ANUMAN INTERACTIVE Service VPC 66, rue Marceau 93100 MONTREUIL
- via the online service: email@example.com
All of the following clauses govern the general conditions fordownloading the programsavailable on the website www.anuman.fr (hereinafter referred to as the “Website”).
ANUMAN INTERACTIVE SAreserves the discretionary right to unilaterally alter, without prior warning, the present terms and conditions, and, therefore, invites you to consult them before downloading a program.
Downloading a program on this Website implies that you declare having read and understood the present general terms and conditions which bind you and with which you undertake to comply.
Any download product order placed on the Website implies the clear and unreserved acceptance of the present general terms and conditions which constitute an essential element of the download service contract.
The opportunity to download a program on this Website does not, in any case, constitute a transfer of ownership and does not confer on you any express or implicit right over the patents, trademarks and copyrights associated with the program.
The present general terms and conditions constitute the entire download service contract concluded between you, as customer, and ANUMAN INTERACTIVE, as service provider.
The images and textswhich illustrate the products available for download are not part of the said download contract and, consequently, ANUMAN INTERACTIVE may not contractually be held liable in the case of errors in these images and texts.
3. CONDITIONS FOR PLACING AN ORDER
You may order all the products available for download on the Website without any territorial limit, unless otherwise stipulated in the product description. ANUMAN INTERACTIVE is liable to ask you to provide personal details in order to help to process your order.
Your personal data will be subject to the guarantees of the Act No. 78-17 of 6 January 1978 concerning data freedom. In accordance with this act, you have the right to access and rectify and/or oppose any personal data concerning you.
Personal data collected during the download order, as well as the data registered by the payment system (for example, date and amount of the order) may constitute an element of proof that the said download contract and the financial transactions made by virtue of these general conditions have been concluded.
At the end of the form, when clicking on “validate”, your order to ANUMAN INTERACTIVE is binding. In return, you will receive an e-mail entitled “Order validation” which may invite you to make the payment corresponding to the order via a hypertext link.
The prices indicated on ANUMAN INTERACTIVE’s Website, in the company’s e-mails, and during its various advertising operations do not constitute a contractual undertaking and are liable to be modified at any time, in particular in the case of a product update.
For all download orders, the price is inclusive of all taxes in Euros in force at the time of ordering.
In the case of an order to a country other than mainland France, the customer is the importer of the product(s) concerned. Customs duties or other local taxes, import duties or State taxes may be due. These duties and sums are outside the remit of ANUMAN INTERACTIVE. They will be payable by the customer and he is fully responsible for any declarations and payments to be made to the competent authorities and/or organizations in his country. He is advised to seek information about these aspects from his local authorities.
5. SECURE PAYMENT METHODS
5.1 Payment methods:
Payment is made, in Euros only,immediately when ordering the download, with no discounts available. Only payment by credit card or Paypal is available for download product orders.
Our server accepts different French and international credit cards (VISA, MasterCard, Carte Bleue).
Payment is made by entering your bank details and your credit card number. You will then receive an e-mail entitled “order confirmation”with the link thatallows you to download the programs ordered.
5.2 Secure payment:
Our server is equipped with an Atos software engineering company payment systemthat guarantees the security of your credit card transactions. When paying online over the Internet, all bank details are encrypted using SSL technology.
In order to increase the security of transactions, your bank details entered online do not transit via ANUMAN INTERACTIVE and are not recorded by the company since it does not, under any circumstances, have access to them. Payment will be made by entering bank details on a website other than www.anuman.fr, designed to ensure the confidentiality and security of the said data. That is why we require you to enter them every time you place an order.
The afore-mentioned payment system ensures increased security for credit card payments.
6. THE PROVISION OF PROGRAMS
ANUMAN INTERACTIVE is deemed to have made the program(s) order available to you by sending the URL with the link to be clicked on in order to download the program ordered.
7. INTELLECTUAL PROPERTY
All of ANUMAN INTERACTIVE’s products are protected by French law and international conventions concerning intellectual property. Any reproduction, modification, or use that is not in accordance with the Intellectual Property Code and, if applicable, the license accompanying these programs, may give rise to criminal and civil proceedings.
The download product ordered must be used on the computer on which it has been downloaded. Owing to the single-station nature of the license for our products, the transfer of files from one computer to another is not authorized. Any person who does not comply with the legal provisions in force will be guilty of infringement of copyright and will be liable to the criminal sanctions provided for by law.
Any reference to, or use of, trademarks, names, acronyms, logos, colors, graphics or any other distinguishing features belonging to or patented by ANUMAN INTERACTIVE, orlicensed to ANUMAN INTERACTIVE,is strictly forbidden unless ANUMAN INTERACTIVE’s prior written agreement has been obtained. Any modification of the references on the products is strictly prohibited.
The download programs are for personal or information purposes only and any use for commercial purposes is strictly prohibited by law. They may not be copied or distributed on a network of computers or on any media, and no modifications may be made to them.
The copy or reproduction of the program on another server or location with a view to a new reproduction or redistribution is strictly prohibited.
In the case of the non-execution or the partial execution of an order, ANUMAN INTERACTIVE’s responsibility will be strictly limited to the amount of the order, or to the pro-rataamount in the case of partial non-execution, and may not give rise to any additional compensation.
The download of a program on this Website is at your entire discretion. You acknowledge using the program as an end consumer and for your own needs. You are responsible for all the risks related to the program’s use. ANUMAN INTERACTIVE may not be held responsible for repairing any direct or indirect damages resulting from a stoppage of use, loss of data and information, loss of profit, interruption of activities, or any other event resulting from the download or the inability to download the program.
ANUMAN INTERACTIVE’s products available for download comply with French legislation. Therefore, in the case of importation or use outside the French territory, it is the customer’s responsibility to ensure that these products do not contravene local standards.
Hypertext links may refer users to websites other than http://www.anuman.fr. ANUMAN INTERACTIVE declines any responsibility in the case of the content of these websites contravening mandatory provisions in force.
The illustrations and texts illustrating the download products are not part of the said download service contract.
9. FORCE MAJEURE–UNFORESEEN CIRCUMSTANCES
Force majeure is taken to mean any unpredictable and insurmountable event which is beyond the control of the contract’s parties.
Article 1148 of the Civil Code stipulates that damages may not be claimed when, as a result of force majeure or unforeseen circumstances, the party responsible for the obligation (ANUMAN INTERACTIVE) has been prevented from providing or doing what it was obliged to do, or has done what it was prohibited from doing.
Consequently, ANUMAN INTERACTIVE may not be held liable in the case of force majeure or unforeseen circumstances which prevent, or partially or completely delay the execution of an obligation stipulated in the present contract.
10. HIDDEN DEFECTS AND NON-COMPLIANCE GUARANTEE
ANUMAN INTERACTIVE guarantees the good functioning of the download program subject to normal use being made of it. However, ANUMAN INTERACTIVE is unable to guarantee that its programs work on all systems. To that end, the customer is required to study the product’s characteristics by referring to the product descriptions present on the Website.
ANUMAN INTERACTIVE is not, under any circumstances, responsible for the content and functioning of the shareware programs which it edits and which remain the property of their respective authors.
ANUMAN remains responsible for hidden defects, as defined by Articles 1641 and following of the Civil Code, which are serious defects, inherent to the object, prior to the sale and maycompromiseuse of the program(s). However, it is the buyer’s responsibility to provide proof of these different characteristics.
In the case of the download product’s defect or non-conformity being proved, ANUMAN undertakes to exchange the defective or non-compliant product. In all cases, ANUMAN may only be held liable up to the amount of the sales price of the download product.
11. RIGHT OF WITHDRAWAL
By virtue of Article L.121-20-1 of the Consumer Coded introduced by Decree 2001-741 of 23-8-2001, Journal Officiel of 25-8-2001, the right of withdrawal is excluded from “the service provision contract, the execution of which has commenced, with the consumer’s agreement, before the end of the deadline of seven clear days.”
The act of downloading the product(s) on the Website http://www.anuman.fr is considered to be a service provision contract which unlocks the said product, the execution of which, in the sense of article L121-20-2 of the Consumer Code, starts at the end of downloading.
Thus, it is understood, in accordance with article L121-20-2 of the Consumer Code, that the customer may not exercise the right of withdrawal for the download product.
In the case that a jurisdiction declares that one of the clauses in the present conditions is inapplicable, this will not, in any case, affect the other clauses which will remain fully applicable.
13. JURISDICTION AND COMPETENT LEGISLATION
The present contract is subject to French law and is written in French.
The courts of Paris are the only ones competent in the case of any disputes which may arise for whatever reason from the present general conditions and the contracts to which they apply.