ARTICLE 1 – INTRODUCTION
The present conditions exclusively govern the online sale by the company Eversim on the website www.i-scen.net
Head office of the company Eversim SAS:
13 Place des Libertés Publiques – building Le Mandinet II – Bat B
77185 Lognes – Marne la Vallee, France
Registration and VAT number :
Siret: 452.209.950.00032
VAT-TAX ID: FR 84 452 209 950
You agree to provide true and accurate information about yourself. The present provisions are without prejudice to the legal provisions on the subject and in particular those provided for in the Consumer Code. Eversim may make any changes it deems necessary to this service. The general conditions of sale will then be those in force on the site at the date of the order confirmation. We invite you to come back regularly to keep up to date with the evolution of the service. Unless proven otherwise, the data recorded by Eversim constitute the proof of all transactions between Eversim and its customers.
ARTICLE 2 – PRICES
The sales prices indicated on the site are indicated exclusive of tax, unless otherwise stated. The legal taxes applicable at the time of the transaction will be added to the price indicated. We reserve the right to modify our prices at any time but we commit ourselves to apply the current prices which will have been indicated on the site at the time of your order. Eversim does not offer any guarantee or refund in the case of a price reduction or promotional offer.
ARTICLE 3 – PAYMENT
The payment of your purchases is made by credit card, Paypal, or by bank transfer. The debit of the credit card or Paypal account is made at the time of the order.
In case of payment by bank transfer, the buyer is responsible for all related costs. Also, any download links or activation keys will only be delivered upon receipt and validation of the actual payment of the transfer.
In case of cancellation of the payment after the date of transaction on this site, Eversim reserves the right to render inactive the software, the activation keys and the subscriptions concerned by this payment.
ARTICLE 4 – GUARANTEE OF CONFORMITY
We will exchange the damaged files. In this case, we thank you for reporting in detail as soon as possible to the customer service in accordance with the terms and conditions provided in ARTICLE 6 of these conditions. Eversim will exchange the damaged file(s) provided that the damage(s) is/are the responsibility of Eversim (see ARTICLE 8). In any case, you benefit from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force.
ARTICLE 5 – EXCHANGE
The exchange of products in the case referred to in ARTICLE 4 will be made as soon as possible and no later than 30 days after the date on which the right was exercised.
ARTICLE 6 – CUSTOMER SERVICE
For any information or question, you can send a ticket to support from your account on this website.
ARTICLE 7 – INTELLECTUAL PROPERTY
All computer files, texts, comments, illustrations, works and images reproduced on the Eversim sites are strictly reserved under copyright law as well as under intellectual property law by their owners and for the whole world. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the Intellectual Property Code is authorized. Any reproduction or representation, in whole or in part, of the Eversim sites or of all or part of the elements found on the Eversim sites for any purpose other than its intended use is strictly forbidden. Any resale, exchange, rental of files or transfer to a third party is strictly prohibited. With regard to the files offered as part of the download service, Eversim reminds you that it is the sole owner of the right to distribute these files and that they are protected by national and international copyright regulations. The customer only benefits from a personal right of use of these files and limited to the indications provided at the time of the selection of the musical files, in a strictly private and free framework. Any use outside the framework of the present document is strictly prohibited and any use for purposes other than private exposes the customer to civil and/or criminal legal proceedings. In the event that the files accessible within the framework of the download service contain identification mentions and/or technical measures for control and restriction of use, or for protection against third parties, you undertake not to undermine these mentions or measures and/or to modify or delete them. You agree not to attempt to circumvent or modify the software required to use the Service and not to violate these Terms and Conditions or interfere with, alter or delete any information relating to the Product Rights Plan, or encourage or assist any third party to perform any such acts. The company names, trademarks and distinctive signs reproduced on the Eversim sites are protected under trademark law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly forbidden and must be subject to prior written authorization from the trademark owner.
ARTICLE 8 – COMMITMENTS TO USE THE SERVICE – LIABILITY
– Usage commitments
You agree to:
* not to use the Service for illegal purposes
* not to make commercial use of the information, services and content provided on the Eversim sites.
– Responsibility and liability
Eversim cannot be held responsible for technical problems independent of its service, such as communication problems due to the client’s Internet access provider (slow or interrupted at any time) or technical problems encountered by Eversim’s host. For technical reasons, in particular maintenance or network failure, a momentary interruption of the services is possible. You acknowledge that you are aware of and accept the constraints and limitations of the Internet network, particularly with regard to the transmission of information via the networks and data breaches. The customer is solely responsible for the use of the service, and shall not hold Eversim liable for any claims and/or proceedings made against it.
ARTICLE 9 – APPLICABLE LAW – DISPUTES
This contract is subject to French law. The language of this contract is French. In case of dispute with professionals and/or traders, the courts of Paris (France) will be competent. In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 10 – PERSONAL INFORMATION
The information and data concerning you are necessary for the management of your order and our commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, to comply with legal and regulatory obligations and to enable us to improve and personalize the services we offer you and the information we send you. We will retain your personal data for as long as is necessary for the purposes of processing it hereunder. Depending on your choices made during the registration form, you may receive offers from our company Eversim as indicated when creating your account or registering your software. If you no longer wish to receive this information, you can request it at any time by using the unsubscribe link. Our site is also designed to be particularly attentive to the needs of our customers. That is why we use cookies. The purpose of the cookie is to indicate your visit to our site. Cookies are therefore only used by Eversim to improve the personalized service that is intended for you.
ARTICLE 11 – RIGHT OF WITHDRAWAL
In accordance with the article L 121-20 of the Code of consumption, the User has a right of retractation of 7 (seven) clear days as from the validation of your order to notify to Eversim, without penalty, your retractation and to obtain the refunding of the paid sums. However, the right of withdrawal as mentioned in the previous paragraph is, according to Article L121-20-2 of the same Code, not applicable to services whose performance has begun, with the consent of the consumer, before the end of the period of 7 (seven) clear days. The user is therefore informed that any activation of the downloaded software will make it impossible for him to use his right of withdrawal. This right of withdrawal is exercised without penalty.
ARTICLE 12 – VALIDATION
You declare that you have read and accepted the conditions of the order and in particular the information on the characteristics of the products or services ordered, the price, the deadlines, the delivery, as well as the present General Conditions before placing your order. You declare that you have full legal capacity to place an order and accept these terms and conditions.net