Terms and Conditions
Preamble
POWERLING Company deals in the distribution of the Déjà Vu software, which can be described as a Computer Assisted Translation tool which increases efficiency in translation work by re-using previous translations and by providing an integrated and unified environment for carrying out
translation work.
POWERLING Company offers remote software licence sales via the Internet. These Terms and Conditions of Sale apply to sales conducted and concluded on the POWERLING Internet Site.
Definitions
Company: POWERLING Company.
Internet Site: the www.powerling.com Internet site of the Company.
Client: All persons or entities having placed orders for one or more products from the Company whether or not this falls within the scope of their business activities.
Product / Products: the licence(s) allowing the use of software programs for sale on the Internet Site and delivered in a box containing (1) CD-ROM with all the program files for which the user licence is granted, as well as a “dongle” containing the activation key.
Terms and Conditions: all specifications defined within these terms and conditions of sale and which apply to all orders placed with the Company.
Company details
- POWERLING, a limited Company with registered capital of 12,000.00 Euros.
- Head office: 346, boulevard Sainte Beuve, 62200 Boulogne sur mer
- Commercial Department: 40, rue Milton, 75009 Paris, France
- Registered at the trade and companies register of Boulogne sur mer under the number 500,107 925
- Email: contact@powerling.com
- Telephone and fax details:
Commercial Division
Tel.: +33(0)1.49.70.95.60
Fax.: +33(0)1.49.70.02.60
Acceptance of the conditions
The Client acknowledges that he is aware of the sales conditions presented on this screen, at the time in which the order is placed with the Company, hereby declaring full and unreserved acceptance of the same.
These terms and conditions of sale govern the contractual relations between the Internet Site and the Client, the two parties accepting them without reserve. These Terms and Conditions take precedence over all other conditions appearing in any other document, unless otherwise explicitly stated in writing.
Products
The Products for sale include all those which are presented on the Internet Site. It is the Client’s responsibil-ity to evaluate whether the Products meet his/her requirements. For all additional information pertaining to the features of the Products or to their use, the Client must contact the Company.
Under no circumstances shall the Company be held liable for damages, regardless of their nature, connected to the use or the inability to use the Products sold.
The photographs supporting the Products, along with the texts provided, are not contractually binding. If errors have slipped in, the Company cannot be held liable, regardless of the cause.
Geographical coverage of the offering and delivery
- Geographical coverage of the offer: Germany, Switzerland, Austria, Belgium, France, The Netherlands,
Luxembourg, UK, Ireland, USA, Canada. - Geographical coverage of delivery: Germany, Switzerland, Austria, Belgium, France, The Netherlands,
Luxembourg, UK, Ireland, USA, Canada.
Availability
Our Products and prices are valid for as long as they shall appear on the site, subject to availability.
Price
Prices are quoted in Euros. The prices indicated on the Products do not include shipping & handling.
The price indicated on the order confirmation or on the invoice, is the final price and includes all taxes and VAT. This price includes the price of the Products, as well as care, handling and shipping costs associated with the Products.
The Company reserves the right to change the price of its Products at any time, but is bound to abide by the prices indicated on the Internet Site at the time of your order.
VAT
For all Products delivered outside the European Union, the price will be calculated by excluding the VAT on the invoice. Each Client is responsible for declaring and paying VAT, customs duties, local taxes, import duties, or any other State taxes applicable in their country. These duties and
fees do not fall within the re-sponsibility of the Company.
Order confirmation
When placing an order on the Internet Site, a “confirmation” page is displayed that allows the Client to check/edit the details of the order and the total price.
The Client confirms his/her order by clicking on the “Confirm your order” button located at the bottom of the page. He/she then has access to the Internet Site page where his/her order will receive final confirmation upon completion of the payment.
Following payment, the Client receives a notification of the said order from the Company, (by email).
We recommend that the Client keep a copy of this email as proof of his/her purchase.
Cancellation period
The Client is granted seven working days to cancel the order, starting from the reception date of the order.
During this time, the Client may return, at his/her expense, and without incurring any penalty, the Product(s) found to be unsuitable. The Client may then choose to either receive a refund for the amount paid for the returned Product(s), or to exchange the Product(s) ordered.
The Product(s) are to be returned at the expense of the Client and shall, of course, be in as good a condition as when it was (they were) delivered by the Company.
This cancellation period is not applicable once the computer software has been opened, or its seal has been broken, by the Client..
Delivery and lead time
The Products ordered shall be delivered to the address provided by the Client at the time of the order, within 30 days of payment of the order, or the contract may be terminated, and amounts paid will be refunded.
The time frame mentioned above is an average time frame, depending on the destination, the mode of trans-portation used and the availability of the Product. Late deliveries do not entitle the Client to damages.
In the event that the goods delivered, or service provided to the Client, are found to be unsuitable, the Company will endeavour to remedy the situation or to refund the Client.
The Company reserves the right to choose the shipping company and guarantees the delivery of the Products. The shipping costs are charged to the Client on the Company’s invoice.
Payment, invoicing
Payment for the Products is done by cheque or bank card (Bank Card, VISA Card or MASTERCARD). All purchases are to be paid at the time in which the order is placed.
Payment by bank card
The Client's bank card will be debited in Euros when the order is accepted by the POWERLING Company.
The processing of your bank details will be secured by CyberMut System-Paiement CIC, our payment service provider.
No bank card information will be transmitted from CIC Paiements to the Company, except in the event of a claim regarding a specific transaction. The transfer of information between the Client and CIC Paiements is secured using the SSL standard that encrypts the Client’s bank card details.
Payment by cheque
Payment by cheque will only be accepted for cheques made out in Euros and accepted by a French bank.
The cheque must be made out to SARL POWERLING and sent, along with the purchase order printed out from the website, to:
POWERLING, 346, boulevard Sainte Beuve, 62200 BOULOGNE SUR MER – France.
In the event of a cheque payment, the Product ordered will only be shipped when payment has been received by POWERLING Company.
Guarantees and after-sales service
In accordance with Article 1641 and following articles of the Civil Code, the Client benefits from the legal guarantee against latent defects. Therefore, in the event of a Product showing a production defect therefore making it unsuitable for its intended use, the Client may contact the after-sales service of the Company by sending:
- either an e-mail to support@powerling.com
- or a registered letter with acknowledgement of receipt to the company at the following address: POWERLING, 346, boulevard Sainte Beuve, 62200 BOULOGNE SUR MER – France.
The Client then has the option of either returning the Product and receiving a full refund, or keeping the Product and receiving a partial refund.
Should the Client choose to return the Product, the shipping costs would be at the Company’s expense on the basis that the original method of delivery be used. The Client acknowledges that the Company has duly ful-filled its obligation of information.
Personal data
The Client gives his consent to the use of his personal data collected in the processing of this purchase order, as part of the Company’s customer database.
In accordance with Law n° 78-17 of January 6th, 1978, the Client may, at any time, have access to, and edit the information pertaining to himself/herself. Upon request, this data can be communicated to him/her and edited, in the event of an error or modification.
The Client may also request that the data not be communicated to third parties by sending a letter to this ef-fect to the Company.
Terms of use
Software programs are protected by copyright, intellectual property regulations and international treaties. The sale of software and other products does not involve, under any circumstances, transfer or reproduction, representation, or exploitation rights, and more generally any rights granted,
either in the present or in the future, to those who participated in the making of software. The buyer is only allowed to install and use one copy of the downloaded software on a single computer. It is generally acknowledged, however, that the prin-cipal user may make a backup or archive
copy of the software.
Applicable law and jurisdiction - claims
These Terms and Conditions are governed by French law.
In the event of any dispute in connection with the interpretation, execution or performance of any of the pro-visions of the Terms and Conditions, and should the Company and the Client fail to come to an amicable agreement, the dispute shall be referred to the French courts.
