General Sales Terms and Conditions
1. Purpose, Acceptance of general terms and conditions
- The purpose of the present Sales Terms and Conditions is, firstly, to inform any potential consumer, hereafter referred to as the "Customer", about the conditions and procedures surrounding the sale and delivery of products ordered from textshaper.com, and, secondly, to define the rights and responsibilities of all parties involved in textshaper.com product sales.
- Accordingly, the act of placing any order for any textshaper.com product implies full acceptance of the present Sales Terms and Conditions, with which the Customer thereby acknowledges prior acquaintanceship. Moreover, the Customer accepts that he has been clearly informed that his agreement to the present Terms and Conditions does not depend on any written signature, in that the Customer wishes to order online products made available through a website shop.
- The Customer before his order, states to have the full legal capacity, allowing him to engage under the present general sales terms and conditions.
- Textshaper Software reserves the right to alter the present Sales Terms and Conditions at any time.
2. Legal Information
- Identification of the offer provider :
The on-line shop available on the www.textshaper.com site was produced and set up by Textshaper Software company, which is the owner of the site.
Textshaper Software SARL
Registered office : 4D chemin des Grands Champs 73100 Aix les Bains, FRANCE
450 562 996 R.C.S Chambéry FRANCE
- Prices :
The sale prices of online products on the www.textshaper.com site, shown in Euros, are valid at the time the Customer places his/her order. Textshaper software reserves the right to alter prices at any time. The Customer will be notified of any such changes prior to ordering.
- Product Description :
In accordance with Article L111-1 of the French Consumer Code, prior to placing a purchase order, the Customer may check the main features of any products he wishes to purchase by consulting the textshaper.com site.
- Orders :
Any order presupposes the full and unreserved acceptance of the present Sales Terms and Conditions. After ticking the checkbox marked "I accept the following Terms and Conditions of Sale and I fully agree with it" and clicking on the "Confirm" button to register an order, the Customer is considered to have knowingly and unreservedly accepted the present Sales Terms and Conditions.
- Obligations of the seller :
The seller undertakes, once the order has been accepted, to sell and to deliver the products ordered by the customer.
- Right of retraction :
In accordance with article 121-16 of the French consumers Code, the Customer has a 7 day period following the date of delivery to return the Products to Textshaper Software at his/her charge and request an exchange or refund. The request for an exchange or refund should be addressed to the corporation by electronic mail or by a registered letter with return receipt addressed to Textshaper Software. However, the customer is informed that, on receipt of the Software Key, he will not be able any more to turn over the product thus sold and Textshaper Software will not accept any more any refunding.
3. Order, Payment, Validation and Delivery
- Order and Confirmation
Clicking the 'Confirm' button at the end of the ordering process acknowledges that you agree to the order as well as to the present general terms and conditions, in their entirety and without exception.
- Payment methods
You can either :
- pay by credit/debit card. (Blue card, Visa card, Eurocard/Mastercard).
This method of payment provides the maximum guarantee of security. You will have to provide the number of your card, plus the expiry date, directly on the website in the area provided for this (input secured by SSL encryption, Atos system, Crédit Agricole)
- by wire transfer.
- Delivery
For purchases of software performed on our site, the delivery is carried out by simple remote loading of files.
- Order Validation
- The order will become effective when the relevant banking authorities confirm the payment. If these authorities refuse payment, the order will be cancelled automatically. Textshaper Software reserves the right to refuse any order from a customer with whom there is an existing dispute.
- Data recorded by Textshaper Software constitutes proof of all transactions between Textshaper Software and its customers.
- Data recorded by the payment system constitutes proof of financial transactions..
- Textshaper Software will confirm acceptance of the customer's order at the e-mail address communicated by the latter.
4. Personal Data
In placing an order, the customer is obliged to supply all personal data requested, this being indispensable for the treatment and dispatch of the order and for the preparation of the invoice. The absence of this data will result in the cancellation of the order.
- Password :
Some of our services provide password-restricted access to customer information. You are solely responsible for maintaining the confidentiality of your password and account. You are also fully responsible for all activities that occur under your account or password.
- Cookies :
The user is informed that a cookie may be stored on its computer, when he visits our website. A cookie is a small bit of information that may allow Textshaper Software to build a better web site by recording how and when guests use our site and to better serve you when you return to our site. You can set your browser to refuse cookies, but if you do, you might not be able to take full advantage of our site.
- Personal data collection :
Textshaper Software informs the customer that any information given by the latter on the order form is subject to automatic treatment of registered data in order to constitute a customer file and/or itemized billing. Textshaper Software has declared its automatic data filing to the Commission Nationale de l'Informatique et des Libertés (CNIL). (Declaration receipt N° 887069)
- Confidentiality :
The personal information gathered on the website textshaper.com will never be revealed to third parties.
- Personal data modification :
In accordance with the provisions of Article 34 of the Law "Informatique et Liberté" of January 6, 1978, the customer has the right to access and modify the aforementioned files kept by Textshaper Software :
Textshaper Software
4D chemin des Grands Champs
73100 Aix les Bains, FRANCE
5. Limitation of Liability, Warranty, Special conditions, Litigation
- Limitation of liability
Textshaper Software expressly disclaims all warranty of any kind, whether express or implied, concerning the software fitness for a particular use or purpose. Textshaper Software shall not be liable for damages of any kind (including but not limited to physical injuries, loss of profits, interruptions of activity, loss of data or any other loss of pecuniary nature) resulting from the use or the inability to use the software. In any case, the extent of Textshaper Software liability will be limited to the aggregate amount actually paid by the Customer. In the event of a case of absolute necessity recognized as such by jurisprudence, Textshaper Software shall not be liable for a defect or for a delay in the software delivery and the Customer will not then be able to claim about a possible damage.
- Intellectual property rights
All text, notes, illustrations and images reproduced on Textshaper.com are the copyright of the author and are protected by intellectual property law. In accordance with the provisions of Intellectual Property legislation, private use only is permitted and any other use without the prior authorisation of Textshaper Software is an infringement of the author's copyright and a violation of intellectual property rights.
- Acts of God and Force Majeure
Neither the Seller nor the customer will be held liable for any failure to perform their obligations as a result of a force major beyond their control, including but not limited to the following, the blocking of telecommunications or breakdowns of computers.
- Applicable law and competent jurisdiction
Our full attention will always be given to any claims or disputes, on the basis that any claimant who takes the trouble to report his situation is acting in good faith. In the case of a dispute, the client should always contact the vendor first to seek an amicable solution. The French language version of this Agreement shall be the authorized text for all purposes, despite translations or interpretations of this Agreement into other languages. These General Sales Conditions are governed exclusively by French Law. All litigation or disputes between the parties shall be brought only before a french court.