Terms and conditions of sale

Article 1. Object

All supplies of goods and services by the company NOUS Open, Useful & Simple named below the editor are subject to the general terms and conditions set out below. Unless expressly agreed otherwise in writing, these general terms and conditions apply to all contracts concluded between the Publisher and the natural or legal person named below. the Client when the latter makes a purchase on the publisher's website.

The customer acknowledges having read the general terms and conditions beforehand and having accepted them when placing their order with the Publisher. The Customer's general terms and conditions shall not apply if they deviate from or contravene these general terms and conditions, unless expressly accepted in writing by the Publisher.

Use of the Publisher's services automatically implies acceptance of these terms and conditions.

This contract may not contain any deletions and takes precedence over the Customer's general terms and conditions. In the event that certain provisions of this contract are deemed invalid, the parties undertake to replace the invalid or unenforceable clause with a clause that most closely corresponds to it so that the common intention of the parties is achieved.

This contract, and any order, acceptance or contract arising therefrom, shall be governed by French law. Any dispute relating to this contract, its interpretation or its performance shall, in the absence of an amicable solution, be submitted to the exclusive jurisdiction of the courts and tribunals of Montpellier.

Article 2 : Formation of the contract between the parties

1. The customer acknowledges that they have entered into a definitive and irrevocable contract at the moment the publisher receives acceptance of their offer, i.e. when the customer returns or confirms the order. The contract is also final and irrevocable upon signature of an order form upon receipt thereof by email, fax or post. Unless the Publisher does not accept the order on the grounds set out in these general terms and conditions, the Customer shall receive confirmation of receipt of their order by email, fax or post.
2. Each party retains the right to terminate the contract in accordance with Article 10 of these general terms and conditions.
3. The contract shall be deemed to have been formed at the registered office of the Publisher, i.e. the place where acceptance of the offer is received.
4. Any person placing an order on behalf of the Customer or requesting that the Customer be invoiced shall be liable for the Customer in accordance with Article 1120 of the French Civil Code. They shall be personally liable for payment of the order if the Customer fails to make payment on time.
5. As part of a subscription: for the reservation of a domain name, the hosting of files on the internet or maintenance, this contract is concluded for successive periods, each equal to the initial period mentioned in the order, which are tacitly and automatically renewed.

Article 3 : Customer Rights and Obligations

1. The Customer undertakes to provide the Publisher with all relevant information. The Customer is solely responsible for the accuracy of the information provided. The Publisher cannot be held liable for any information provided knowingly or unknowingly by the Customer, nor for any harmful consequences that may result therefrom. The Customer shall reimburse the Publisher for any damage caused by incorrect information provided by the Customer or by a third party with access to the Customer's account.
2. The Customer does not have the right to withdraw from the contract due to the immediate use of the service.

Article 4 : Rights and obligations of the publisher

1. The publisher reserves the right to extend the services provided to the Customer. It shall inform the Customer of this via the website or by e-mail.
2. The publisher reserves the right to modify the rates applicable on this website. It shall inform the Customer of any such changes via the website or by email.
3. The publisher reserves the right to amend its Terms and Conditions. It shall inform the Customer of any such amendments via the website or by email.

Article 5 : Rules of good conduct

1. The Customer shall not use the products supplied by the publisher in an abusive manner, i.e. in a manner that could infringe on the privacy of others, or for illegal purposes, contrary to public decency or public order.
2. The Customer undertakes not to use the services provided by the Publisher for the purposes set out below, without this list of examples being exhaustive:
   • Use contrary to national and international law · Creation of a false identity or attempt to deceive others by using a false identity;
   • Use of the media provided by the Publisher for illegal purposes by publishing content that is obscene, abusive, misleading, vulgar or contrary to public order;
   • Use of the Publisher's services to infringe the intellectual property rights or other rights of third parties, including trademarks and copyrights;
   • Use of the Publisher's services to disseminate defamatory or negative information about the Publisher and its associated companies, as well as about any other person or company;
   • Sending material containing viruses, Trojan horses, worms, time bombs, or any other programmes that may damage the electronic systems of the recipient of the content;
   • Attempting to access other services of the Publisher without authorisation, the accounts of the Publisher's Customers, or systems and networks connected to the Publisher by hacking passwords or any other method;
   • Use of the Publisher's services for purposes contrary to criminal or civil law or public order.

Article 6 : Guarantees and support

Licence

1. Purchasing a product on this website grants the right to use that product, not ownership of the product itself.
2. Unless otherwise stated, the source code for the products on this site is licensed under GPLv2. The code may therefore be modified, shared or resold exclusively under a GPLv2 or compatible licence.

Guarantee

1. Unless otherwise stated, the purchase of a product includes access to updates for a period of one year from the date of purchase.
2. During this warranty period, the publisher undertakes to provide a correction for any malfunction rendering the product unusable. This correction will be made within 5 working days after the malfunction has been identified by the publisher and will result in the publication of a corrective update.

Support

1. During the warranty period, the publisher undertakes to respond to technical support requests concerning the use of the product. Only requests concerning the use of the product will be processed. Requests should be sent by email to apps@avecnous.eu or via the website.

Article 7 : Limitation of liability

1. The publisher shall not be held liable for any actions by the Customer that are considered contrary to the rules of good conduct as described in Article 5.
2. When the Publisher has proven grounds to believe that the Customer is violating the rules of good conduct (see Article 5), the Publisher will ask the Customer by email, text message or post to cease all practices that contravene the rules of good conduct set out in this contract (see Article 5). If the Customer does not cease these practices within two days, the Publisher reserves the right to deactivate the support service mentioned in Article 6 for any product ordered that violates the rules of good conduct (see Article 5).
3. The publisher is in no way responsible for the content of electronic messages (e-mails) sent by its services. Responsibility for the content of messages lies with the Customer.
4. The information, products and services found on the Publisher's website may contain minor technical inaccuracies or typographical errors. This information is periodically subject to change. The publisher and/or its suppliers may therefore make improvements and/or changes to the website. The publisher and its suppliers cannot be held responsible for malfunctions, interruptions or errors in electronic publication and other services.

Article 8 : Value added tax

Our prices are exclusive of tax, VAT at 20%.

Article 9 : Payment and payment terms

1. The purchase of products on this website is made automatically using the payment methods offered.
2. Once payment has been made, the customer can download the product they have just purchased via the page. My account.

Article 10 : Reimbursement

1. The digital and intangible nature of the products on this site does not allow the publisher to offer refunds. In general, no refunds will be given in the following cases:
   1. The customer has changed their mind.
   2. The customer made a purchase by mistake.
   3. The customer does not have sufficient expertise to use the product.
   4. The customer is unable to prove that the product is faulty.
2. However, if the publisher decides to issue a refund, this will generally be made using the same method used for payment. The refund amount will then be calculated on a pro rata basis for the remaining warranty period until its expiry date.
   Refund fees may apply. due to the payment method. The publisher undertakes to apply only the strict amount of fees charged to it by its payment provider.

Editor's note:
As of 5 October 2021, PayPal applies a deduction of around 4% when issuing refunds (€4.49 on a refund of €142).

Article 11 : Confidentiality and privacy

1. Personal data concerning the Customer is stored in the Publisher's files. The Customer has the right to access and rectify this data, in accordance with the French Data Protection Act of 6 January 1978 and the GDPR directive. They may exercise this right by writing directly to nous@avecnous.eu, or by logging into their personal online account.
2. This data will be processed by the publisher for customer management purposes, market research and to conduct promotional campaigns for our products and services.
3. As part of the service, the Publisher undertakes to treat the Customer's data as confidential, in accordance with national and international provisions, including, among others, the French Data Protection Act of 6 January 1978 and the European GDPR directive. Thus, the Publisher shall not disclose to any third party, share or sell any information concerning e-mail addresses, mobile phone numbers, or identification data of members, affiliates, customers, prospects, employees, contacts, or friends of the Customer without the Customer's explicit written request confirming that the persons concerned have given their consent for this specific use of their data and guaranteeing that the rules and obligations concerning the use of personal data have been complied with. The publisher does not disclose to a third party, share or sell any information concerning the Customer (mobile phone number, email address, telephone and fax number, demographic or identification data) without the Customer's consent and without the Customer being aware of the purpose of the processing.