1 - Terms of sale
These terms and conditions of sale apply to all products sold by SARL ADRENA, registered with the RCS of Nantes under the 570 number 449 043 00025, below referred to as ADRENA. These terms are applicable in their entirety for any contract between ADRENA and its clients in France and abroad, regardless of the place of delivery. No exception to these terms shall be accepted without prior express agreement of ADRENA. Any term in contradiction to these terms of sale submitted by the client, in its terms of purchase or in any other document, shall be unenforceable to ADRENA, regardless of when it may have been brought to its attention. These terms of sale are an essential element of acceptance of contract by ADRENA.
2 – Purpose
These terms and conditions of sale shall govern the sale of a license by ADRENA or a reseller, whether the client is a professional or a costumer. These terms apply to the reseller and customer. Any other document, including references, is not part of these terms. ADRENA reserves the right to modify these terms at any time. In this case, the terms shall be those in force at the date of the order by the client.
3 – Services
ADRENA is an editor and distributor of navigation aid for racing software. The products and services offered are listed on ADRENA’s website. These products and services are offered within the limits of stocks. Buying a license gives access to free technical support for 6 months provided by ADRENA team via e-mail at: email@example.com. Buying a license less than six months before the sale of new version entitles the free upgrade.
4 - Intellectual property rights on software and website
ADRENA grants the client a non-exclusive right to use the software. ADRENA licenses are provided with physical protection made of a USB dongle. This dongle is the key to unlock the software and the license. Any loss of the dongle causes loss of license. The license is granted for the period of ownership of the dongle and worldwide. Granting the right to use computer software involves no transfer of ownership of the software to the client. The client shall not intervene directly or through third parties on the software. ADRENA certify that he holds the intellectual property rights on the software. The client agrees not to interfere directly or through third parties to which it is associated ADRENA‘s rights. ADRENA guarantees the client against any action regardless of the basis under this license.
All elements of ADRENA’s website are and remain the exclusive property of ADRENA. Nobody is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, the elements of the site they are software, visual or sound.
5 – Prices
Prices, including applicable VAT, listed in the catalog are in euros. Any change of VAT rate shall modify the price of goods or services. ADRENA reserves to change prices at any time, except that the listed prices in the catalog on the day of the order shall be applicable only to the client. Prices do not include the cost of order processing, transportation and delivery. Price reductions are defined contractually with our resellers.
6 – Commands
Orders are placed either through authorized resellers or via the online shop run by ADRENA. The client who wants to buy an ADRENA license shall:
- Send a written request to ADRENA’s commercial service and
- Pay under the agreed conditions.
Unless otherwise exception, the payment shall be completed before delivery of the goods. The client acknowledges having read and accepted these terms before placing its order. The validation of the order involves is acceptance of the terms. ADRENA reserves the right to cancel or refuse any order from a client with whom there is a dispute about the payment of a previous order. ADRENA archives purchase orders and invoices on a reliable and durable support as a true copy in accordance with the provisions of Article 1348 of the French Civil Code. The records of ADRENA shall be considered by the client as proof of communications, orders, payments and transactions between the parties.
7 – Payment
The price is payable to the order. Payment shall be made either by bank transfer or by check or by credit card via Paybox system. Paybox system uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it during transit on the network. It shall be sent to the client unless contractual exception, a paper invoice showing VAT. No discount is given for early settlement.
Penalty for late payment: Any amount not paid by the due date shall result in penalty payment at a rate equal to three times the French legal rate of interest. These penalties shall accrue from the due date until paid in full. These penalties shall be due without any reminder. In accordance with Article D. 441-5 of the French Commercial Code a 40 € lump sum shall be paid to cover expenses.
8 - Tax refund
Any product delivered electronically to a client from France to another country member of the European Union shall automatically be subject to French VAT. Only clients from extra European Union countries shall be charged tax free. The client shall inform ADRENA to be tax free charged. Traders from countries member of the European Union shall provide their VAT number to be charged tax free.
9 - Shipping / Logistics
Deliveries are made to the address indicated in the order. ADRENA shall not be held responsible for errors in the address given by the client. Delivery times are given for information purpose only. If delivery time exceeds thirty days from the date written on the order, the contract may be canceled and ADRENA may refund the client. Estimated transmission delays for downloading product data are provided for information only, and delays do not entitle the client to cancel the contract, to reject the goods or claim damages interests... In case of damage during transportation, the complaint must be made with the carrier within three days of delivery. The client is made to check the status of delivered products and refuse delivery if the goods are damaged, missing or if the package has been opened or refurbished (except customs clearance).
The unconditionally accepted by the customer at the time of delivery and / or default letter to the carrier within three days merchandise is deemed to arrive in good condition and in its entirety. Any claim for non-compliance or missing in the delivery of a product, either by download or by mail, must be sent within one week after receipt of the product.
The products remain the property ADRENA until payment of the full price in principal and accessories. The default of any of the deadlines shall result in claims of the product. Any deposit paid by the client shall be forfeited to ADRENA as fixed compensation, without prejudice to any other action that would be entitled to bring against the client. These provisions do not preclude the transfer to the client at the outset of local ADRENA products, risk of loss and damage to products sold as well as they could cause damage . Retraction. In the case of an online purchase, consumers have a fourteen days period after the delivery of their order to withdraw the product to the seller for exchange or refund without penalty except shipping return costs. According to Article L.121- 20-2 of the French Consumer Code, this right is not open if the software has been unsealed by the consumer. ADRENA advises to return the merchandise by registered parcel and purchase insurance with the carrier of the market value of the products. This is necessary in case of theft or loss of the product by their services. In all cases, the return is at the expense and risk of the consumer. ADRENA shall only accept as new and complete products returned in their original packaging, unsealed for software, and sent to: ADRENA 183 Route de Clisson 44230 Saint Sébastien France. This right of withdrawal is without penalty, except shipping fees.
10 - Warranty and liability
ADRENA is only bound by an obligation of means. In case of non-compliance of a product, it can be returned to ADRENA who will exchange or refund at his option. All claims, requests for exchange or refund shall be made by post to the following address: ADRENA, 183, route de Clisson, 44230 Saint Sébastien Sur Loire, France, within eight (8) days from receipt of the product. ADRENA shall not be held responsible for breach of contract, on the one hand in case of force majeure, including disruption or total or partial strike of postal services and transport and communications, on the other hand if fault of the client. ADRENA shall not be held responsible for any consequences arising from the improper use of products. Assuming the ADRENA responsibility is established, it would be limited to direct damage to the exclusion of any indirect and / or consequential, for example and without this list is not exhaustive: loss of revenue of business, operations, clientele, within the limits of the amount paid by the client for products and services.
11 – Termination
In case of failure by the client to any obligations imposed on him by the contract, ADRENA shall give notice by recorded letter to cure the failure within a maximum of fifteen (15) calendar days. If, after this period, the breach has not been repaired, ADRENA shall automatically terminate by recorded letter the contract, terminate accordingly access to services, without prejudice all damages which it may claim.
No later than eight (8) business days after the termination of the contract days, the client shall return to ADRENA any documentation in connection with the products.
12 - Personal Data
ADRENA 183 Route de Clisson 44230 Saint Sébastien FRANCE
The automated processing of information, including the management of e -mail users of the site has been declared to the CNIL under the number 1438508. When purchasing a license ADRENA, the client authorizes ADRENA to cite him as a user of its products.
13 – Prescription
Responsibility claims against ADRENA is prescribed one (1) year after the occurrence of harmful generator.
14 - Settlement of disputes
These terms and conditions are subject to French law. Disputes shall be brought before the Tribunal de Commerce of Nantes, France, despite multiple defendants or warranty.