. Archilogue Legal Mentions.
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
These conditions of sales are exclusively subject to French law.
Summary

  1 - Informations and exceptions
  2 - Html links
  3 - Passed informations
  4 - Setup and download software
  5 - Orders
  6 - Refund . Cancellation / Money back guarantee
  7 - Shipping
  8 - Prices, deposit, payment
  9 - Retention of title
10 - Warranties
11 - Copyright
12 - Trademarks
13 - Company
 

. 1 - Informations and Exceptions
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
1-1/ Archilogue try hard to show reliable and updated information on its web site. Nevertheless, some errors or omissions can occur. The user is induced to verify that essential informations (for him) are right and contact Archilogue if necessary
Notably for hardware and software compatibility of a product with his own hardware, OS, ...
The information contained in our documents, such as product description, rates can be changed without notice because of technological, economic conditions and  currency fluctuation.

Archilogue could not be responsible for the use of this information and for all damages, financials lost direct or not.

It does not in any way, except with the written permission within a facility , be considered as the project manager of the customer installation. 

Except with signature by the Archilogue company of customer terms of purchases, each order implies the customer's adhesion to the present terms

Any order leads to the full acceptance of the purchaser under the conditions laid down without exception or reservation. 
The customer states having full knowledge of this. In case of dispute an amicable solution will be sought and failing that, any    dispute of any kind, will always be within the exclusive competence of courts and subject to the french law.

These conditions of sales are exclusively subject to French law.

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. 2 - Html links
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
Archilogue has no control of the site linked with the Archilogue web sites, and could not be responsible by their content. The users access these sites at their own risk.

When you exchange or send some informations, never send illegal, menacing, slanderous, obscene, scandalous, provocative, pornographic or blasphemous informations, nor all other information which can commit your own responsability in accordance with the laws of the country about the site refer to.

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. 3 - Passed informations and confidentiality
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
Each information sent to this site will be by default considered to be a none confidential except for financial informations like credit card number. Theses informations could be archived, or used by ARCHILOGUE for whatever purpose it may serve, notably to develop, create and sales of products. For personnal data, the law give to the user the right to consult, rectify and  et oppose.
The information provided are essential for processing and delivering orders, invoices and establishment of warranty, their absence lead to the cancellation of your order. 

By placing an order, you agree to provide us true and genuine informations about you.  The communication of false information is contrary to these general conditions. 

Privacy: The Archilogue company undertakes not to disclose any information that is not public order which it might have had knowledge on the occasion of its relations with its customers. 

In accordance with the french law "Informatique and Libertés", you have a permanent right to access and correct all informations about you, in accordance with the European texts and national laws in force (Article 34 of the Act of January 6 1978). You can at any time and upon request modify these data by sending us a message at the following address:

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. 4 - Setup and download software
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
- Before downloading asoftware, it'is good to verify that the description confirms the adequacy of the product functionallity and needs and also the user's configuration (platform, OS, compatibility…)

- The installation of new software on a computer include a risk of destabilization of the configuration. 
Despite all the care we provide to the selection of products offered to download, we can not exclude at 100% the presence of a virus or, more simply, an incompatibility with other software installed on the customer's computer.

- It's therefore imperative for the client to make a regular backup of the computer's contents and check before download that his last backup is fully functionnal. For any computer system, it is strongly recommended to make a daily, weekly and monthly backup in order to preserve the integrity of data and programs.
 
 

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. 5 - Orders
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
- The orders can be placed from the customers by telephone, fax, mail, e-mail or directly on the Archilogue Internet websites. 2-2 / 

- Because of fast product technical evolution , the delivered products can have characteristics different from those appearing in our descriptions and quotes, without however that the essential characteristics can be affected for it or with less performances. 

- Consulting duty for the choice of computer equipement: If the hardware is bought to another provider, on the basis of Archilogue company recommendation or not, this one could not be held for person in charge of the faulty malfunctioning of the hardware, whether the cause of this faulty malfunctioning is related to the hardware, in the conditions of its installation or its " setting parameter  ". It is the same for all peripherals or additional elements such as local network, " operating system " and additional components. It could not be requested to the Archilogue company any damages for this reason.  The expenses engaged to ensure the operation of the installation are the responsibility of the customer on the basis of actual rates

- The customer is informed that an operation of computerization requires a preliminary reflexion and can lead to an adaptation of the company organization.  This reflexion can be carried out in dialogue with the Archilogue company within the framework of a mission of audit invoiced with the customer, or directly by the customer without participation of the Archilogue company

- Advice duty: We could not be held for person in charge of the inadequacy even partial of the software packages with the customer requirements.  Generally, evaluations versions are available to customers.  Any conformity with a specific need must be the subject of a written confirmation on behalf of the Archilogue company.
 
 

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. 6 - Refund / Cancellation / Money back garantee
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
Selling Software: 
Article L121-20 of the Consumer Code concerning the right of rétrectation does not apply to the sale of software for downloading (for fight against software piracy) nevertheless the Archilogue company allow retraction with the following modalities: 
If you are private individual AND if during the 15 days following the order and despite our efforts, the software delivered and paid is not working, you can freely ask for a refund. 
You need to send us a request by postal mail in writing stating on your honour that you agree to remove the product and not use or sell the licenses provided. 
If your payment was done by cheque or bank transfer, the refund will arrive within 30 days. This period is increased to 3 months    for payments by credit card. 
The amount of refund is equal to the cost of software billed less financial expenses (bank transfer, credit card commission,...) and the delivery costs, if any.

Others products:
Article L121-16 of the Consumer Code on remote sales of goods and supplies services specifies that the clauses of this subsection shall apply to any sale of goods or provision of services for Service concluded without the simultaneous physical presence of the parties, between a consumer and professional who, for conclusion of this contract, exclusively use one or more means of distance communication. 
The legislator said that a "consumer" is not a professional of the job. 
This article also applies to the sale of books where the client is not a professional bookstore and sales of hardware in the event that the customer is not a computing professional.

Article L121-20 indicates that the consumer has a period of seven days to exercise its right of withdrawal without having to justify reasons or pay penalties ... 
Any consumer wishing to use its right of retractation will get a return number from the company Archilogue. The request must be received no later than 7 days after order or delivery. The cost of return (delivery) of goods will be borne by the customer. No return for a product incomplete or damaged will be accepted. In the case of books sales, return is possible for books not unpacked. 
A retractation/refund is not possible in the case of a service which began with consent of the customer. 
In the event that the above conditions are met, refund will take place within thirty days of the request.

The professionals wishing to make a return of goods are requested to contact the Archilogue company to agree on modalities.

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. 7 - Shipping and delivery
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
The majority of software are delivered electronically. An email is sent after the customer order and payment consisting of either one 
license number, and or a link to download a commercial product. Delivery is 24 to 48 hours.

The availability delay, delivery delay or forwarding of "physical" products is 7 days, except cases of absolute necessity.  This delay is given as an indication. A longer delay cannot involve the order cancellation and no allowance or penalty time can be claimed by the customer. If no information is given, the expenses of delivery or forwarding are the responsibility of the customer. 

The Archilogue company can not guarantee the information of availability, it will reimburse any order but will not pay any compensation.

The goods travel to the risks and dangers of the recipient.  The purchaser is responsible for the goods dice the delivery.  He commits himself subscribing, dice now, for the benefit of the reseller, a contract of insurance guaranteeing their loss, robbery with the destruction before the integral payment. 
 
 

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. 8 - Prices - deposit / down payment - payment
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
- All the prices on our web site are in euro exclusive of taxes. 
- The applicable prices during the invoicing are current prices the day of the customer order confirmation.  A deposit could be requested from the customer. 
- For software electronically delivered , prices do not include possibly cost of downloading charged by the customer Internet service provider.
- Except contrary written agreement, the products and services sold are payable cash by cheque, credit card, bank transfer.  No discount for cash payment is granted. 
- The payment will be regarded as carried out at the time of the real cashing of the sums which had by the customer by Archilogue.  The emission of draft, promissory note, check does not constitute a payment.  However the relating risks to hardware delivered are transferred to the customer just after the delivery or the handing-over to the conveyor. 
- Delay penalties could be applied in the event of nonrespect of the date of payment such as it appears on the invoice and will be calculated on the basis of statutory rate and total amount exclusive of tax of the sums which had per 30 Days indivisible period (Art 3 of the law of 1992).
- The Archilogue company reserves the right to refuse an order which does not present terms of sufficient solvency 

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. 9 - Retention of title.
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
- Archilogue reserves the property of the products delivered until the integral payment of the price as well as interests, expenses and accessories (law n°80335 of May 12, 1980). 
- In the event of payment suspension, ARCHILOGUE remains owner of the products and can require the restitution of it.  The deposit will remain sure with ARCHILOGUE.
- A defect of payment by the purchaser of the price balance, and 15 days after a formal warning by simple registered  letter with notice of unfruitful remained receipt, the sale will be solved automatically however good seems with ARCHILOGUE 
- After the full payment of the price and unless more restrictive clauses contained in the licence attached to the product, the customer enjoys on  software a personal use  license, non-transferable and exclusive for an indefinite period, to the exclusion of any property right.

- Except as otherwise provided in writing, copyrights and other intellectual property rights remain its property and / or property's authors. The rights granted by Archilogue are intended solely for use by the client and can not be sold, transferred or granted through licenses  without the prior written Archilogue. The rights granted by Archilogue are on a non - exclusive and for which the parties have expressly agreed. Any other use requires the prior written of Archilogue. The customer will acquire NO intellectual property rights on the products. 
- Any complete or partial performance or reproduction made without the consent of Archilogue is illegal. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever (Article L122-4,  Intellectual Property Code). This representation or illicit reproduction by any means whatsoever, would be a infringement punishable by Articles L335-2 and following the code of intellectual property. The property code intellectual does, under article L122-5, as reproductions reserved strictly for private use and not intended to the collective use of a hand, and secondly, that the analyses and short quotations for the purpose of example and illustration

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. 10 - Warranties
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
- The customer is invited to carry out a daily backup of his information and to check the validity of his backups (data restore), the Archilogue company could not be held for person in charge of the customer loss of information
- Conformément aux dispositions légales et réglementaires en vigueur, le Client s'interdit de procéder à toute copie autre que celles autorisées dans le cadre de la législation et à tout acte susceptible de porter atteinte aux droits des auteurs, de leurs ayants droit ou de la société Archilogue, cette derniere intervenant généralement comme distributeur des dits logiciels.
- Unless otherwise specified on the invoice, the hardware profits from the contractual guarantee granted by their respective manufacturers. 
- The methods of application of the contractual guarantee are those defined by the manufacturers
- The implementation of the contractual guarantee does not exclude the recourse to the legal guarantee as defined by the civil code

Hardware
- If the hardware is the subject of a maintenance agreement on site to the profit of a third company, the Archilogue company could not be held for person in charge of the failures and the consequences of this failure of this company.  It could not replace it on a purely free basis in the event of failure
- Any contractual guarantee is excluded in the event of damage caused by accident (in particular electric), negligence or in the event of use none in conformity with the regulations of its manufacturer
- Any return under guarantee of a hardware must be made in its original packing or a similar packing.  Prior agreement of return must be requested from Archilogue
- The present guarantee applies only to the hardware.  ARCHILOGUE does not even incur any responsibility as for the impossibility of use of the hardware because of a software not sold by it or of the loss of data following a failure of the hardware
- After the period of guarantee, the interventions of ARCHILOGUE are carried out after meaning of an estimate by the customer or according to the terms of a maintenance agreement
- In no case the financial responsibility for the Archilogue company could not exceed the provided hardware and software package amount exclusive of taxes  (additional provisions of services and displacements not being included). 

Software
- In the case of software available in trial version, the customer has to verify the function before buying it.
- The customer is invited to carry out a daily backup of his information and to check the validity of his backups (data restitution), the Archilogue company could not be held for person in charge of the customer loss of information
- The customer is prompted to backup his system and all its data before any installation / re-installation / updare of software sold by the Archilogue company. It is invited to verify that his backup is valid before installing any new software. The customer remains responsible for data on its installation, the responsibility of the Archilogue company can not be engaged in the event of data loss. 
- The operating licences of software distributed by the Archilogue company are used in accordance with the conditions of the operatinf licences who accompanies them. A hotline can't substitute a training. 
- It is recalled that the software functionning depends not only on the quality of that software, equipment and services, but also factors beyond the control of Archilogue such as the installation of origin, working methods and skills of the user.
- In no case the financial responsibility for the Archilogue company could not exceed the provided software package amount exclusive of taxes  (additional provisions of services and displacements not being included). 

Books
- The Archilogue company has no censorship on books ordered, the customer who orders the book is solely responsible for his choice. The Archilogue company can't be responsible of this choice. 
- The informations, advice contained in the books are indicative and are not exhaustive. They do not engage the responsibility of Archilogue and it is for the reader to judge the relevance and the degree of security. The reader should make sure not to take any decision that could endanger their health or that of a third person. 
- Archilogue cant be responsible for any omission, error or omission which might have been slipping in the books and the consequences whatsoever arising from the use of information and guidance provided. 
- The books offered for sale are in accordance with French law. Les Editions Archilogue can not be held responsible if they are not conform to the laws of the country from which they are ordered or shipped to.
- In no case the financial responsibility for the Archilogue company could not exceed the provided book package amount exclusive of taxes  (additional provisions of services and displacements not being included).

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. 11 - Copyright
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal
Without prior authorization, ARCHILOGUE don't allow the use, duplication and distribution of the text and graphical information of this site, even with the following copyright mention :

©ARCHILOGUE

When third party informations are used, duplicated or distributed, the legal mentions must be available.

The use of software evaluation versions imply the acceptance of the software user license

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. 12 - Trademarks
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal

The trademarks and logos on this site are archilogue trademarks or from third parties. They never have to be use for advertising without the authorization of their owner.

Archilogue® is a trademark of the Archilogue company.
Archisoftint® is a trademark of the Archilogue company.
Windows is a Microsoft Corporation trademark.
 
 

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. 13 - Company
 
This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal

Head Office:

Address and phone
Siret n° 505 077 115 00010 - Ape : 4791B - VAT not applicable, article 293B of the CGI

RCS TOULON

Individual Company

Publishing manager 

Hosting:

Web Werks India Pvt. Ltd.
124, Prabhadevi Unique Industrial Estate,
Off Veer Savarkar Marg,
Prabhadevi, Mumbai - 400025 INDIA
Phone: +91-22-40500600 

These conditions of sales are exclusively subject to French law.


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This page is a translation of the original archilogue  term of sales written in french
Only the french term of sales are legal

Copyright © 2009 - Archilogue. Update : 2009 - All rigths reserved
Archilogue® is a trademark of the Archilogue company.
Archisoftint® is a trademark of the Archilogue company.

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