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INOVEV’s Terms and Conditions of Service

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                Version: 21st August 2012

 

1. Application and Scope

1.1. These Terms and Conditions of Service (TCS) apply to all transactions between the Users and/or Customers of the Site (UCS).
All orders placed (including the order of free products) imply the UCS’s full acceptance of these TCS to the exclusion of any other document, without any reservation.
The acceptance of TCS is finalized by clicking on the TCS agreement box (“I agree to the terms and conditions of service and adhere to them unconditionally”).

1.2. The version valid at the time of the conclusion of the transaction, that the UCS must accept when ordering products, is the one that counts.

1.3. Any rival TCS of the UCS are invalid unless these are acknowledged by Inovev entirely or in part. Any suspension of these TCS or parts of them or any acknowledgement of the UCS’s terms must be expressly confirmed in writing by Inovev.
No special terms may take precedence over these TCS unless they are stated in writing on the purchase order in its final and binding form

 

2. Languages

2.1. Original version of TCS is written in English language.
They are then translated into other languages.

2.2. In case of discrepancies between the original English version and another language version of these TCS, the English original version has the priority.

 

3. Placing orders

3.1. Placing an order (of paid products or free products) implies the full acceptance of these TCS.

3.2. The data recorded by Inovev constitutes proof of all the transactions made with the UCS. 
The UCS must check the completeness and conformity of the information provided to Inovev when placing the order, notably the invoice address and the e-mail address. Inovev shall not be held responsible for any errors and resulting consequences.

 

4. Delivery of products

Most products supplied by Inovev are electronic data files.
However in some cases Inovev may provide physical goods.

4.1. Electronic data file
The following applies to electronic data files deliveries: 
A download of the product is possible when payment has been effective.
When clicking on the checkbox “agreement of TCS” (“I agree to the terms and conditions of service and adhere to them unconditionally”), the UCS acknowledges that he has sufficient information concerning the product to purchase it.
No refund of the product will be possible for the reason of a discrepancy between the reality of the product and the expectation of the UCS.

4.2. Physical goods
The following applies to electronic physical goods deliveries:

Clearance of the payment and thereby acceptance of the contract occurs subject to the legality and availability of the goods ordered. If the contract is not accepted, the UCS will not be charged and the UCS will be informed immediately by email. Benefit and risk are transferred to the UCS upon handover of the goods to the post office or to another commonly-used dispatch service.

4.3. Use of information and data which are provided

After payment, the UCS may get access to information and data they have paid for.
These information and data may be downloaded by the UCS.
The UCS has the right to use these information and data for its sole own purpose but has no right to transmit it to other people (even to colleagues within its company), neither free of charge nor against payment. 
In all cases these information and data remain the full property of Inovev.

 

 

5. Payment

5.1. Payment is possible on-line by card, bank transfer, cheque or any other means offered by Inovev.
Transfers must be made to the bank account whose details are displayed when the purchase is finalized. Inovev’s bank account is located in France and all costs arising from the transfer are to be paid by the UCS.
If after ten (10) working days after the order is placed, a transfer of a sum equal to the total amount of the order has not been received, Inovev may cancel the whole transaction.

5.2. Inovev reserves the right to block a transaction for the time required to carry out anti-fraud checks.

5.3. Products and/or services will be provided only after the service is paid for by the UCS.

5.4. Value Added Tax (VAT) 
 For deliveries within France the price shown before payment includes the applicable statutory Value Added Tax.
 For exports to other countries, the price shown is the net price excluding Value Added Tax. 
For deliveries within European Union, UCS must provide its European VAT number (a box is displayed for this purpose in the on-line order).

 

6. Privacy

6.1. Information and data relating to the UCS are required by Inovev for the management of orders and the business relationship. They may be passed on to companies which are involved in processing the order, notably with regard to online payment. 
This information is also kept:

    - for security reasons

    - and in order to be able to understand UCS’ needs and provide him with a better service, and 
      in particular for the following reasons:

    - Internal record keeping.

Inovev may use the information to improve its products and services.

Inovev may send promotional emails about new products, special offers or other information which Inovev thinks that UCS may find interesting using the email address which UCS has provided.

From time to time, Inovev may also use UCS’ information to contact him for market research purposes.

- By virtue of the modified data protection and civil liberties law of 6th January 1978, the UCS has a right to access, rectify and delete information relating to it gathered by the Company as part of its activity.
This right can be exercised by e-mailing to the address remove-personaldata@inovev.com or  by writing to:

Inovev – Personal Data Removal department
34 rue Camille Pelletan, F-92300 Levallois-Perret (France)

6.2. The Website uses an automatic process to install a cookie in the UCS’s computer in order to be able to record information relating to the navigation of its computer on the Website. The UCS can however block the recording of “cookies” by configuring its internet navigator accordingly.

6.3. Finally, the UCS acknowledges that the Company may be required, in accordance with its legal obligations, to reveal personal data relating to the UCS in the framework of legal procedures (court orders, etc.).

 

7. Applicable law, place of fulfillment and jurisdiction

7.1. In the event that individual terms of the TCS are void or invalid or are declared to be invalid, this does not affect the other terms. The void or invalid term shall be replaced by a legally valid term that comes as close as possible to the intended purpose of the contract in accordance with good faith and the justified interests of both parties to the contract.

7.2. In the event of differences of opinion in connection with their contract, the parties undertake to seek mediation before commencing legal proceedings. The parties shall jointly specify the mediator.

7.3. The place of fulfillment and of exclusive jurisdiction is agreed as Paris, France. 
However, Inovev has the right to sue the UCS or his/her legal successor in the court with jurisdiction over his/her place of business or in any other court with jurisdiction.

7.4. The provisions of French law apply with the exclusion of the UN Convention on Contracts for the Inter-national Sale of Goods, even where the order is made from abroad or the goods delivered abroad.

7.5. Inovev reserves the right to amend the present terms and conditions at any time. The relevant binding version of the TCS may be inspected on and printed out from www.inovev.com.

 

8. Guarantees/Liability

8.1. When clicking on the checkbox “agreement of TCS”, the UCS acknowledges that he has sufficient information concerning the product to purchase it.
No refund of the product will be possible for the reason of a discrepancy between the reality of the product and the expectation of the UCS.

8.2. Inovev does not claim any responsibility for loss or theft of the user password, ID, or account information through the Site. Inovev also does not claim responsibility for loss of content or data, or damages related to the use of a user ID by a third party.

8.3. Inovev’ liability where it or its employees, legal representatives or agents is/are to blame is limited to deliberate act. This does not apply to major breach of contractual duties and the lack of promised.

 

 

 

 9. Cases of force majeure

Inovev undertakes in view of current technology to maintain in the best possible conditions the services offered on the Website. However, it will not be held responsible in the event of disruption to the Website attributable to a case of force majeure or which is caused by a third party or a UCS, as well as technical incidents.
Inovev therefore cannot be held liable in the event of failure in its contractual obligations due to circumstances which are unforeseeable, irresistible, and outside the parties’ control.
The Parties acknowledge and agree between them, without this list being exhaustive, that notably force majeure, or exceptional circumstances or the fault of a third party refer to damages originating in or caused by: natural catastrophes, fires, floods, lightning, electrical surcharges, strikes, electricity power cuts, failure of the telecommunications network, civil or foreign wars, riots or civil unrest, terrorist attacks, regulatory restrictions relating to the supply of telecommunications services, loss of connectivity and connection due to public and private operators on whom Inovev depends.
These cases of force majeure suspend the obligations of Inovev cited in the TCS, for their whole duration. However, if a case of force majeure lasts for more than three (3) months, one or other of the Parties would be entitled to terminate their relationship, after sending a letter by registered mail with acknowledgement of receipt, informing the other Party of this decision.