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   TERMS OF SALE   

Our general terms of sales apply for all orders !

Élina-WEB
Sotftware Edition
6 Chemin du Fréchot
50300 Vains
FRANCE
Siret : 484 538 673 000 43

The present general terms of sale are concluded between the company ZUPPARDO - Élina-WEB, 6 Chemin du Fréchot, 50300 Vains, FRANCE, registered under registration number (siret) 484 538 673 00043, , hereafter named "Élina-WEB", and any natural person or moral entity who places an order with the company ZUPPARDO - - Élina-WEB, hereafter named "the buyer".

Objet

The present general terms of sale define the contractual relations between Élina-WEB and the purchaser.

All orders imply a general acceptance of these general terms of sale by the purchaser. These conditions of sale will prevail on all other general or particular terms not expressly approved by Élina-WEB.

Élina-WEB reserves itself the right to modify its general terms of sale at any time. The applicable conditions will be those in force at the date of the purchase order.

Rates

Some Élina-WEB products and/or services are offered at a unit price. The rates are provided on this website or may be requested by e-mail and/or telephone. For custom development, Élina-WEB applies its rates to a 60 euros (including all taxes) labour time rate.

Orders

For all orders, Élina-WEB issues and sends the purchaser a quote. For this, the purchaser must provided his name, first name and post mail. The quote details the whole of the services and/or ordered products, the prices and the completion or delivery date of work. To validate his order, the purchaser must return his estimate signed with the mention "agreed and signed". .

Payment terms

The payment of an estimate lower or equal to 500 euros is immediately due on order date. For payments higher than 500 euros, a regulation in two settlements can be agreed. In this case, the purchaser must make a down payment corresponding to 50% of the total price of the estimate when the order is placed, and the remaining balance is due at the end of the work.

In any other case, payment terms will be indicated on the estimate, and will prevail on those of the general terms of sale described on this page.

The payments lower than 500 euros can be paid by credit transfer, bank check. Payments higher than 500 euros can only be paid by credit transfer, bank check or Money order.

Works

The works start date takes effect when Élina-WEB receives both the estimate, signed with the mention "agreed and signed", and the payment of the estimate as defined in the payment terms paragraph. In the absence of these elements, Élina-WEB will not begin any works.

Withdrawal

Once the quote signed, the purchaser shall not benefit from any withdrawal period. The signed estimate has the value of a legally binding contract. Hence, and apart from a friendly arrangement, no refund shall be made.

Delivery

In the case of fully settled estimates, the completed work can directly be delivered to the purchaser. Otherwise, the completed work is presented to the purchaser on a medium owed by Élina-WEB. The purchaser can test and browse through the whole work performed. The purchaser must pay the total amount of the quoted price prior to delivery.

Warranty

Élina-WEB guarantees the conformity of the purchaser’s order. The purchaser benefits from an aftersales customer support for possible corrective improvements on ordered works.

Liability

Élina-WEB declines any responsibility due to a misuse, installation or modification(s) of the works by the purchaser. Élina-WEB shall not be liable for all disadvantages or damage inherent to the use of Internet network, notably an interruption of service, an external intrusion or the presence of computer virus.

Intellectual property

The development of custom graphic charters, logos or all other graphic elements, are, once delivered, the whole property of the purchaser.

Apart from the works used for the design of the program, such as applications limited in rights, the intellectual property rights on the specific developments performed by Élina-WEB are, once delivered, the property of the purchaser within the limit of the rights specified in the paragraph below.

Limitation of Rights

The purchaser is never, in any case, allowed to disclose, redistribute and/or resell the sources of the program developed by Élina-WEB. The purchaser can transfer his rights only in the respect of the conditions of resale described in the paragraph below. .

Resale rights

The purchaser is allowed to transfer his rights of the program within the limit of the rate applied at the time of his order. In such case, the rights are sold in the respect of the general terms of sale that are described on this page.

Hosting

Élina-WEB does not provide the website hosting. Hosting offers listed on the site are dealt with by the company OVH.

Personal data

The information provided by the customer is needed to process the order.
Pursuant to article 29 of the law n° 78-17 of January 6th, 1978 relative to data processing, files and freedoms, Élina- WEB commits to taking all necessary measures in order to preserve the security of the information you provide.

Pursuant to article 36 of the law n° 78-17 of January 6th, 1978 relative to data processing, files and freedoms, the customer benefits from a right of access to the information provided and a right of correction of this information.

Filing – Proof

Élina-WEB will file the invoices and the estimates on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil code.
Élina-WEB’s computerised registers will be regarded by the parties as proof of the communications, orders, payments and transactions occurred between them.

Applicable Law

This contract is subjected to the French law, in accordance with the European directives. In the event of litigation or claim, the customer will contact Élina-WEB in priority to seek a friendly solution.
In the absence of a friendly settlement between the parts, any litigation related to the validity, the interpretation and/or the execution of these general terms of sale will be brought in front of the courts of jurisdiction.