Terms and conditions of sales
ARTICLE 1 : OBJECT
The general selling terms apply exclusively to trade relations present and future between BWM Mediasoft SARL, 19 - rue de Bitbourg, L-1273 Luxemburg and the author of the order ( "You "). Any condition not consistent with our general conditions that you have made will be rejected unless we do have expressly agreed in writing and applicability. We may modify these general conditions of sale at any time, subject to reflect these changes on our site.
ARTICLE 2 : PRICES
The prices of our products are listed in euros, all prices include (VAT), excluding the shipping taxes (see Delivery). The currency was chosen because it is one of the financial transaction. To help you estimate the cost in the currency of your country or in a currency that is more familiar to you, you will find a section for each conversion calculation. This is only indicative. For U. E. (European Union) customers, the purchased articles include all taxes, with the application of French VAT. For customers outside the European Union (EU) you are the importer of the goods concerned, the goods being shipped with their price without taxes (without VAT). Regarding the software products and services available via the Internet (downloading, etc..), the prices are with VAT for individual customers residing in an EU country or for EU companies which did not provided a VAT number issued in an EU country, before making an order. No tax is added to the establishment of your order. However, customs duties or other local taxes or import duties or State taxes may be payable. These rights are outside the competence of BWM Mediasoft SARL. They will be at your expense and are your responsibility both in terms of statements and payments to the authorities and bodies in your country. We advise you to inform about these matters from your local authorities. All the orders whatever their origin, are payable in euros. BWM Mediasoft reserves the right to change prices at any time but the price will be charged on the basis of the rates in effect at the time of the registration of the orders. The products remain the property of BWM Mediasoft company until full payment. THE SOFTWARE LICENCES meaning hereof, "sales" or "purchase", in singular and plural, does not imply any transfer of ownership of software offered by BWM Mediasoft, for which the manufacturer, the publisher or other rights holders grant you only the right to use, called « using licence ». Thank you to refer to the licensing of the publisher and owner assigns all of the product to know the extent of the rights you are granted on products sold by BWM Mediasoft.
ARTICLE 3 : ORDER
The individual orders are on our site https://shop.emailtree.ai Copyright 2020 BWM Mediasoft, website published by BWM Mediasoft SARL: www.bwm-mediasoft.lu. We respond to specific requests that may be requiring a Proforma Invoice. For larger orders, you are invited to contact our sales department to obtain a personalized quote: info@bwm-mediasoft.com. Information exchanges takes place via email or fax.
The order is definitely recorded when you press the button ORDER. Clicking ORDER generates and sends the invoice for your order, which must be payed within 10 days. You also receive your Emailtree license. In the next page after pressing ORDER you can choose your payment method.
Contractual information is presented in English and will be a confirmation of this information no later than the contractual time of delivery. BWM Mediasoft SARL reserves the right to cancel any order from a customer with whom there is a dispute over payment of a prior order or be risky or considered fraudulent by the payment system in place.
Regarding the rapid offers that may be appeared on our site, they are characterized by an opening date and closing date and a limited amount of products. On each page of the product will be specified clearly, the start and the end date of the offer in order to signal the time remaining before the close of the offer. On the same page will be also specified the limited-quantity of products and the type of clients to whom this offer is addressed. The rapid offer is declared closed when the available amount of product is exhausted or when the end date and time are reached.
ARTICLE 4 : VALIDATION
To accept the Terms and Conditions of Sale it is necessary to check the checkbox in the page "Personal Information and Delivery", in the Terms and Conditions of Sale section of the respective form. By checking the box you agree to the entirety of these Terms and Conditions of Sale and without reserve. You can then click "Continue" to continue and complete the registration of your order. The data recorded at the time of validation is proof of all transactions made by BWM Mediasoft SARL and its customers. The data recorded by the secure payment system set up with the Credit Mutuel or PayPal are proof of financial transactions.
ARTICLE 5 : AVAILABILITY
All software products sold on our site are delivered via download. An email containing a download link of the software, the activation code and the technical support and service trade coordinates will be sent.
Of course, you can order a backup CD containing the Emailtree software and your activation code.
The subtotal displayed in the shopping cart page does not contain any shipping costs associated with delivery of the physical backup CD. The shipping cost will be displayed once specified delivery address, which may or may not coincide with your billing address.
For any other physical deliverable products, our offerings are proposed within the limits of available stocks. For products not stocked in our warehouses, our offers are subject to availability from our suppliers. In this framework, information on the availability of products are provided when placing your order. This information comes directly from our suppliers, errors, or unusual changes are beyond our control. In case of unavailability of product after placing your order, we will notify you - via e-mail - by mail as soon as possible. You can then cancel or change your order to us responding by e-mail or writing to us at BWM Mediasoft SARL, 19 rue de Bitbourg, L-1273 Luxemburg.
ARTICLE 6 : DELIVERY
Generally
All software products sold on our site are delivered via download. An email containing a download link of the software, the activation code and the technical support and service trade coordinates will be sent.
Deliverables through physical (backup CD) are delivered to the shipping address you provided during the ordering process. The risks are your responsibility from the date on which the goods ordered have left our premises. The times indicated below are average times and correspond to the processing time and delivery time specified by the carrier for each country depending on the choice of service. BWM Mediasoft not be held responsible for consequences due to delayed delivery. When articles are available at different times due to their availability, delivery time is based on the longest time. BWM Mediasoft SARL reserves the right to split deliveries. The participation fee for handling and shipping is charged for one shipment. In the event of unusual delay, an e-mail will be sent. In the event you choose to pay by check, the order will be processed upon receipt thereof and the time will run accordingly.
Delivery delays
BWM Mediasoft uses the services of the French post office to ship its products. Shipping times and delays are those of the post office. For some categories of products, shipping terms are different, depending on the choice of the supplier of these products. Delivery times delays will be referred directly on the product description.
Delivery problems
You should verify the conformity of the goods delivered at the time of delivery and before signing the delivery note. Indicate on the delivery form of reserves along with your handwritten signature, any anomaly concerning the delivery (anomaly, partly damaged ...). You should also confirm the reservations to the carrier at the latest within two working days of receiving the items and send a copy of this email to BWM Mediasoft SARL, 19 rue de Bitbourg, L-1273 Luxemburg. If the products need to be returned to us, it must be brought within two business days after delivery. Any claim made after this deadline will not be accepted.
ARTICLE 7 : PAYMENT TYPES
- Credit cards: Visa, Eurocard, Mastercard, Paypal. Our company is using the secured payment solution Cybermut and Paypal. Our company is adhering to the program "Verified by Visa" to strengthen the security of payments.
- Cheques: made payable to the order of BWM Mediasoft. We only accept checks in Euros. We do not accept checks issued by a bank located outside French territory, checks denominated "Eurocheque" or money orders.
- Bank transfer : you may pay products you ordered by bank transfer using our bank account specified in the proforma invoice issued at the end of your order.
The money paid in advance are not considered a deposit and will be returned in case of unavailability of the goods. You have 10 days to make payment of your order by credit card, check, bank transfer.
Important! Property Clause: the non-payment of invoice within 10 days results in the immediate cancellation of the license.
Payment delay
According to the 92.1442 law, delayed payments will bear interest equal to 1.5 times the legal interest rate.
ARTICLE 8 : PRODUCT RETURN
According to Article L121-16 of the Consumer Code, you have a period of 7 days after delivery of the order to return the product that you do not want to exchange or refund. The cost of return will be at your expense. Only the price of the purchased product will be refunded provided that the products are necessarily returned:
- In perfect condition
- Unused
- Not out of their original packaging and sealed.
Items returned incomplete, damaged or soiled by the customer are not returnable. The price difference between the product traded and the new product will be your responsibility. Furthermore, we pledge to refund or exchange, the products which do not correspond to your order (for defective or nonconforming). In this case, we kindly ask you to report in detail on the order form and send back the products concerned. The shipping and return will be reimbursed on the basis of postal and normal force upon submission of invoices to support these costs. Returns must be sent to the following address: BWM Mediasoft SARL, 19 rue de Bitbourg, L-1273 Luxemburg.
In respect of any particular software delivered electronically (for download) as is the case for all software on our site, the cancellation process requires that you send us by mail (registered letter with acknowledgment of receipt) a declaration honor of the destruction of the program downloaded and installed on your hard drive. This declaration will ensure that you will use no more Emailtree, if it has been installed you have proceeded to uninstall and destroy all existing copies on your computer. The software vendor will be well informed and no service can be associated with activation code received, the order being canceled at your request.
Refunds are subject to compliance with the rules laid down in this article. The refund shall be made promptly after receipt and verification of products by our after sales service and will be made by credit card or bank check.
Refund and return product does not apply to orders from the professionals.
ARTICLE 9 : RESERVE OF PROPERTY
The delivered goods remain our property until you have fulfilled all your obligations to us and in particular until full payment, if any, plus interest. This reservation of title does not prevent the transfer of risks that are your responsibility from the date on which the goods ordered have left our premises in accordance with the provisions of Article 5.
ARTICLE 10 : WARRANTY OF HIDDEN DEFECTS AND LIABILITY
In the event that the products we have delivered have a defect, we will, at our discretion, to rectify the defect or replace the defective product with another. If we do not want to eliminate the defect or replace the defective or if we are unable to do so, or if we can not do it on time due to factors beyond our control, you can, by choice, that we resend you with refund price and cost of return or to ask us a reduced price. The products are conform to French legislation in force. We disclaim any liability in the event that the product delivered does not comply with the laws of the country of delivery (censorship, prohibition of an author or a book). We undertake to provide all the care in use in the profession for the implementation of the service provided to customers. Nevertheless, our responsibility can not be used in case of breach of our contractual obligations because of unforeseeable circumstances or force majeure such as, without limitation, natural disasters, strikes, fires, floods, failure or breakdown of equipment, transportation, communication or because of your actions. Furthermore, our liability will not be liable for any delay due to a shortage of stock from the publisher or supplier nor for any error in the presentation of products on our site, photographs, texts and illustrations representing the products not contractual.
ARTICLE 11 : PROTECTION OF PERSONAL DATA
We undertake to protect your personal data. All personal information about you that we have collected are treated with the strictest confidentiality, in accordance with our policy of protecting personal data. When you shop, we do ask only the information needed to ensure the quality of our services and process your order. We can however decide to send your information to partner companies if and only if you agree. During shoping you can specify by checking a box, whether or not you agree that BWM Mediasoft send your information to partner companies. Acording to Article 27 of the Data Protection Act of 6 January 1978 you have a right to access and rectify data concerning you. All you have to do is to send us an e-mail to info@bwm-mediasoft.lu. By adhering to these general conditions of sale, you acknowledge having read our policy on personal data protection and consent to us collecting and using these data.
ARTICLE 12 : LAW AND JURISDICTION
These general conditions of sale are subject to Luxemburg law and the Vienna Convention on Contracts for the International Sale of Goods, excluding sales law of the United Nations. All disputes concerning the business relationship between You and Us are subject to the exclusive jurisdiction of French courts. Under Articles 313-1 and following of the Penal Code, is a scam "does, either by using a false name or false status or by the abuse of a true quality, or by the use of deception, of deceiving a person or entity and thus determine, to his prejudice or injury of a third party, to transfer funds, securities or any property, to provide a service or to grant to an act or discharge requirement". The crime of embezzlement by misuse of a means of payment can result in imprisonment and fines. The attempt is punished in like manner. The policy of our site is to prosecute everyone shall be guilty of such fraud. We will not hesitate to complain, especially on the basis of information provided when ordering online (IP address, name or address for delivery).