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General terms of sales (Download this document in the pdf format)


Article 1 : GENERALITIES
The general conditions of sales hereafter set out rule the sales offered in the whole catalogue available from ESTIUM-CONCEPT. Any order referred to ESTIUM-CONCEPT involves the agreement of these general conditions of sales which constitute an essential cause for acceptation of the order by ESTIUM-CONCEPT and without which its consent can't be presumed.

Article 2 : PRODUCTS
The features of the products showed on the ESTIUM-CONCEPT website can be modified without notice. The product presentation, the visual display units and, more generally, the information related to the products is non-contractual.
ESTIUM-CONCEPT reminds you that it is forbidden to make copies of other CD Rom than those authorized by law.

Article 3 : PRICE
Prices are mentioned in Euro. ESTIUM-CONCEPT keeps itself the right to change the sale price of its products and/or services at any time. The sent products would be invoiced on the basis of the current prices at the sending date of the order form by the customer, depending on the products availability in stock.
For any sending in France or in a Member State of the European Union, taxes and dispatch costs are included in the given prices.
For any other country except France and Member States of the European Union, the given price includes dispatch costs but no taxes. Custom rights or any other tax related to exportation operations are not in charge of ESTIUM-CONCEPT. They are always and solely in charge of the customer and trigger his own liability about the export declaration made by the appropriate authorities. Moreover, a contribution to the dispatch costs is needed and the customers are requested to refer to the corresponding table to fulfil their order form.

Article 4 : ORDERS
The order form sending triggers automatically the acceptation of these general conditions of sales. The information pieces given by the buyer on the order form commit him. ESTIUM-CONCEPT liability couldn't be held in the case it would be impossible to deliver the product. ESTIUM-CONCEPT would confirm the acceptation of the order to the customer by e-mail at the given address. The sale is entered into at that time.
The data are kept in ESTIUM-CONCEPT Computer systems and are considered as evidence of the whole transaction, order and payment made by the customers.

Article 5 : AVAILABILITIES
ESTIUM-CONCEPT will endeavour to have most of necessary products in stock in order to satisfy the estimated demand triggered by its offer. In case of unavailability of the ordered products, ESTIUM-CONCEPT would inform its customers by e-mail or letter as soon as possible. The customer would have the possibility to cancel his order or to ask for a credit usable for a next order.
For any information about an order, customers would contact ESTIUM-CONCEPT: Article 6 : PAYMENT
Any order will trigger an invoicing which will be sent to the customer at the same time than the products at the delivery address. Moreover, ESTIUM-CONCEPT could just send documents by e-mail if the customer had given an e-mail address in the order form. ESTIUM-CONCEPT keeps itself the right to refuse any order from a customer with whom a dispute exists.

Article 7 : DISPATCH
Except in case of particular condition, products will be sent by post over 10 working days from the date of order acceptation by ESTIUM-CONCEPT. The overrun of this time period can trigger neither the cancellation of the order nor compensations. Nevertheless, in case of an overrun exceeding seven days, the customer will benefit from a time period of sixty days from the said delivery date to exercise his right to termination according to the law dated on January, 18th 1992.
The order will be sent at the address mentioned in the order form. This zone must be fulfilled with high precision. ESTIUM-CONCEPT can't in any case be liable for any extension of the delivery time period due to an incomplete or erroneous address.
At the time of receipt of the goods by the customer, he is liable for check the well being of the whole goods packaging. In case of doubt, the customer must send a registered complaint letter within 24 hours after receipt of the goods with a precision about the kind and the extent of the noticed damages on the products to ESTIUM-CONCEPT, 30 rue de la République, 69270 Saint Romain au Mont d'Or, FRANCE. Without these conditions, the department in charge of the disputes won't accept complaints.
If the delivered products are not in accordance to the required kind or quality of the features given in the order form, the customer must, at a risk of forfeiture, express his complaints within eight days after delivery. The return of the goods is made under liability of the customer. The responsibility lies to the customer to take every required precaution to insure against risks such as damage or loss.

Article 8 : WARRANTIES
The products sold by ESTIUM-CONCEPT are tested and do not present a known virus. No exchange is made except for physically damaged CD ROM. No liability is committed for the failure of the programs or the damages they could trigger. The warranty won't insure products damaged by wrong use.
ESTIUM-CONCEPT must previously accept any return of a product that can benefit from the warranty. With this aim in view, the customer will keep in touch by phone with the company. If the product is recognized as damaged, ESTIUM-CONCEPT will send a number for return of the product to the customer.
The products must be sent back with a correct protecting packaging, in their original packaging at the given address with the original invoice of which the customer will keep a copy. On the packaging, near the consignee's address, the number for return given by ESTIUM-CONCEPT must be clearly and legibly written. Any product that will arrive without this number will be refused. Costs and risks linked to the return of the product are in charge of the customer.
Returns must be made at: ESTIUM-CONCEPT, 30 rue de la République, 69270 Saint Romain au Mont d'Or, FRANCE.

Article 9 : RETRACTATION
A customer who mailed an order to ESTIUM-CONCEPT has thirty days to return the product that may not suit him. This possibility to retract can't be efficient if the products delivered in a closed and unused packaging have been unsealed by the buyer and most generally, if the products have obviously been used. Moreover, the items that are returned incomplete or injured will be neither taken back nor exchanged. If the products are returned intact, ESTIUM-CONCEPT will reimburse the paid price.
ESTIUM-CONCEPT must previously accept any return of product. To this end, the customer will keep in touch with the company by phone. If the product is recognized as defective, ESTIUM-CONCEPT will send a number of return to the customer. The products must be sent back with a correct protection and in their original packaging at the given address with the original invoice of which the consumer will keep a copy. On the packaging, near the consignee's address, the number for return given by ESTIUM-CONCEPT must be clearly and legibly written. Any product that will arrive without this number will be refused. Costs and risks linked to the return of the product are in charge of the customer.
Returns must be made at: ESTIUM-CONCEPT, 30 rue de la République, 69270 Saint Romain au Mont d'Or, FRANCE.

Article 10 : RESERVE OF PROPERTY
ESTIUM-CONCEPT conserves the whole and total property of the sold products, until total payment of the price, taxes and costs included. The payment could be considered as made as soon as the cashing of the price by ESTIUM-CONCEPT is effective. The risks are transferred to the customer as soon as he receives the products. The customer commits himself to take care and preserve the products and to subscribe to all insurance policies "as far as he is concerned" according to article L112.12 of the French Insurance Code in order to insure against damages and injuries that can occur to the products or be caused by themselves.

Article 11 : LIABILITY
ESTIUM-CONCEPT will do its best to fulfil its obligations in the limit of these sale conditions. However, ESTIUM-CONCEPT won't be liable for loss or damage sustained by the customer and followed from our delay in the performance of one of our obligations or from the breach of part of or all our obligations if such a delay or breach is due to a stock outage, an unavailability of a product or an external circumstance beyond our control (case of absolute necessity, strike of the mail services or of carriers, case of flood or fire…). In case of delay, ESTIUM-CONCEPT will perform its obligations within the best time period.
ESTIUM-CONCEPT takes great care of the design, the development and the implementation of its products. The scientific concepts present in our different products are under liability and property of their authors or depend on the conditions described in scientific newspapers in which these searches were published. In any case ESTIUM-CONCEPT could be held liable in case of disagreement or inaccuracy. The liability of ESTIUM-CONCEPT can't be committed for any loss of money, of profit, of contracts or of data so that for any other indirect or following damage even if it is caused by our fault (including negligence), by the breach of our contractual obligations or any other reason. Moreover, ESTIUM-CONCEPT gets out of its liability concerning the use of the ordered products. The offered items are in accordance with the enforced law. In case products are delivered in another country than France, the liability of ESTIUM-CONCEPT can't be committed. The customer is in charge of checking the products export and use possibilities to the authorities.
The customers are licensed for the granted products according to the conditions of the applicable contracts of licences. These contracts of licenses are available on the sent CD ROM: file "Licence_agreement.pdf" in the summary of the CD ROM. The customer must insure that any software or any integrated product that were ordered square with his needs and are compatible with the existing systems and uses.

Article 12 : DISPUTES
Each order triggers the acceptation of these general conditions of sales by the customer. French Law rules these conditions. ESTIUM-CONCEPT can't be held liable for any damage, it may be physical or not, that could follow a wrong running or use of the sold products. It is the same for potential modifications of the products made by manufacturers. The liability of ESTIUM-CONCEPT will be, in any case, limited to the amount of the order and could not be held for simple mistakes or oversights that could have remained despite all the precautions taken in the presentation of the products.
In case of difficulties in the application of this contract, the customer service of ESTIUM-CONCEPT stands at the entire disposal of its customers to settle any dispute and to find an amicable solution in particular with help from a professional organization specialized in our field, from a consumer protection association or any other kind of advice organization. If the customer is not satisfied by the settlement way and if he want to prosecute, the following rules would be applied: these general conditions of sales are ruled by French Law as for fundamental as formal rules wherever the delivery place is and whatever the way of payment is. Each party should give all powers to French courts. If you are a trader, each party gives powers to the Trade Court of Lyon.

Article 13 : REGISTERED INFORMATION
By mailing an order, the customer agrees with the fact that ESTIUM-CONCEPT can keep and use the data collected from the order form to process the said order. ESTIUM-CONCEPT processes all data about its customers with highest confidentiality. In particular, ESTIUM-CONCEPT won't give in anyway its customers' addresses and phone numbers to other companies.
According to the Law concerning computing and freedoms dated on January 6th 1978, customers have a right to access and correct the information that may concern them. With this aim in view, they just have to ask by letter at the following address: ESTIUM-CONCEPT, 30 rue de la République, 69270 Saint Romain au Mont d'Or, FRANCE.

Article 14 : COMPANY IDENTIFICATION
The sale offer is ruled by these general conditions of sales and is offered in the name and for the profit of ESTIUM-CONCEPT, a Limited Liability Company registered in the Trade & Companies Register of Lyon - France under registration number 439 304 148 00026. The address and phone number of ESTIUM-CONCEPT are:

ESTIUM-CONCEPT
30 rue de la République
69270 Saint Romain au Mont d'Or
FRANCE
Phone: + 33 478 28 16 77
Fax: + 33 478 28 16 77
E-mail: infos@estium-concept.com
© ESTIUM-CONCEPT, Saint Romain au Mont d'Or, FRANCE -     Version française