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PREAMBLE
The digital products book sold in this website, are described and their price indicated.
The Internaut is invited to read this information as well as the present General Sales Conditions before ordering.
Definitions
In the coming paragraphs, the following words and phrases shall have the following meaning :
- " distance contract " : any agreement for the sale of electronic products concluded between Mrs Mandessi Bell and the Internaut in the framework of a system of electronic mail order selling exclusively using the internet up to the conclusion of the agreement, such conclusion included ;
- " order form " : the form describing the features of the product(s) ordered by the Internaut, which shall be signed by him/her with a click on "Buy now" ;
- " order " : the step taken by the Internaut to buy a product.
Article 1. Purpose of the Contract
The purpose of this distance Contract is to set up the rights and obligations of the parties in the framework of the sale of the products sold in this website.
Article 2. Contractual instruments
This contract shall include the following instruments in decreasing order with regard to their legal value :
- these General Conditions,
- the Order Forms used by the Internaut.
Article 3. Ordering procedure
3.1. The first step of the ordering procedure is the payment. The second step is the digital product-downloading.
3.2. Any Order Form signed by the Internaut by clicking as mentioned hereabove is an irrevocable acceptance of the present General Sales Conditions.
Article 4. Order fulfilling
The orders shall be fulfilled almost immediately after ordering.
Article 5. Delivery
5.1. The delivery of the digital product shall take place almost immediately after payment :
- in a downloading link when a single unit of a product is ordered,
- or the downloading link is directly sent to the email of each beneficiary from where the file(s) is/are downloaded, in the event of order of several units of a product.
5.2. These precisions are given for each digital product.
Article 6. Warranty
6.1. Our products supplied are the result of rigorous handling and management. Our warranty implies that :
- the products ordered shall be in accordance with their description,
- the terms for fulfilling orders, for delivery and for making the documents available on line shall be respected.
6.2. We cannot be liable for any postponement resulting from circumstances beyond our control (notably acts of God).
6.3. In the event of crash or problem on the hard disk of the computer of the buyer or of the beneficiary of the order, an additional copy of the product may be sent to him/her if he/she so requests with the references of the sale, after checking of thesaid references in our records.
Article 7. Price
7.1. The price of the products is indicated in euros. The conversion into another currency is made by Paypal where the amount to be paid in the corresponding payment currency chosen is directly given.
7.2. Special offers are strictly in connection with the number of copies mentioned. The corresponding price is due as such.
Article 8. Terms of payment
8.1. The Internaut shall make the payment relating to his/her order cash through Paypal international secured payment system, which does not entail though the obligation of having a Payal account (for more information, clich here).
8.2. An invoice shall be sent upon delivery.
Article 9. Utilization of the products
The products are delivered for a personal use. They should be downloaded and utilized in your usual computer in use. They cannot be reproduced, copied, sold, sold again, or exploited for a commercial purpose whatsoever, notably in web sites or otherwise. Any utilization to ends other than the one indicated here-above shall give rise to the institution of lawsuits.
Article 10. Personal information
The personal informations asked from the Internaut are necessary for the handling of the orders and shall exclusively be used to this end. They may, where necessary, be sent to our partner in charge of the handling of the Secured Payment Space (Paypal).
Article 11. Electronic signature
Clicking on "Buy now" shall constitute the electronic signature which shall have, between the parties, the same value as a hand-written signature in paper order forms.
Article 12. Complaints
The claims relating to problems encountered during the ordering process which did not allow it to be finalized shall be sent on the Form Claim Relating To Problems Encountered During The Ordering Process, latest 7 (seven) days after the date the problem concerned occured.
The claims relating to fulfilled orders shall be sent on the Form provided for this purpose under the headings Claims relating to fulfilled orders , latest, 7 (seven) days after the documents have been delivered or made available on line.
Article 13. Cryptology
We warranty that if we happen to use any means or service relating to cryptology to make the transactions related to the book supply, this shall be done in compliance with the laws in force.
Article 14. Evidence
The communications, orders and payments which occured between the parties shall be registered in computerized registers kept as evidence in appropriate and secure conditions.
Article 15. Conservation and filing of the transactions
The filing of Order Forms and Invoices in the framework of the business relations occuring shall be made on a reliable equipment so as to keep an accurate and long-lasting copy.
Article 16. Scope of the Contract - Waiver
These General Conditions constitute all the parties'obligations. The fact that Mrs Mandessi Bell did not avail itself of a failure from the Internaut to fulfill one of his/her obligations under this Contract shall not be deemed to be a waiver thereof.
Article 17. Laws governing the Contract - Competent courts
17.1. Any dispute which may arise between the parties in the framework of this Contract shall first try to be settled amicably, on the initiative of the promptest party.
17.2. In the event of persisting disagreement between the parties, the dispute shall be settled by the competent courts in France, which shall implement Ohada Law.
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