Last updated: July 23, 2018
These Terms and Conditions of Sale ("Terms and Conditions of Sale" or "Agreement") are a legal document that explains your rights and obligations as a Customer. Please read it carefully.
These Terms and Conditions of Sale define and regulate the contractual relation between the Reseller and the Customer.
These Terms and Conditions of Sale are binding as of their date of publication on the Website. You are solely responsible for remaining knowledgeable about, and in compliance with, these Terms and Conditions of Sale. The Reseller may amend these Terms and Conditions of Sale at any time, at the discretion of the Reseller, by altering the Terms and Conditions of Service on the Website. The act of visiting and/or placing an order on the Website constitutes your acceptance, without reserve, of the Terms and Conditions of Sale in effect as of the date of visiting the Website and/or placing an order on the Website, as well as any other terms and conditions posted on the Website. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use the Reseller’s ecommerce solutions. The Reseller shall not have any obligation to refund any fees that may have accrued to your Account before you cancel your Account or cease using of any Subscription, nor shall the Reseller have any obligation to prorate any fees in such circumstances.
Reseller may modify any information on the Website without prior notification at any time.
You must be 13 years old or older to visit, use, or make purchases from the Website.
To make a purchase on the Store, you may optionally be invited to complete the Store’s registration process and create a Store Account. You must be 13 years old or older to create or use an Account. Your Account may include billing information you provide to the Reseller for the purchase of Subscriptions, for pre-orders, or for faster future purchases.
You guarantee all data that you provide during your use of the Website, including registration for an Account, is true, accurate, up-to-date, and complete.
You are solely responsible for all activity on your Account and for the security of your Account and your computer system. You shall not reveal, disclose, share, or otherwise allow others to use your password or your Account. You are personally responsible for any use of your password or your Account and for all of the communication, purchases, and other activity on the Store that results from use of your login name, password, or Account.
You shall inform Reseller immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by these Terms and Conditions of Sale. Reseller does not recognize any transfer of Accounts (including transfers by operation of law) from one user to any third party. Each customer shall be the sole holder of his or her own Account. Product purchase transactions entitle you to a single right to the delivery of a product.
Any purchase you make via the Website is subject to requirements that you must read before purchasing. The act of making a purchase constitutes your understanding, acceptance, and agreement to comply with these requirements. The Sales Entities shall not be responsible for any loss or incompatible or erroneous purchases resulting from such purchases. In the event that you are unhappy with a purchase, we encourage you to contact our customer service so we may attempt to resolve your problem.
You may cancel your Account at any time. You may cease use of your Account at any time or, if you choose, you may request that we terminate access to your Account. If you cancel your Account, the Reseller reserves the right to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Reseller will allow you to register again. Your cancellation of an Account will not entitle you to any refund for any products or fees.
The Reseller may cancel your Account at any time in its sole discretion if (a) the Reseller closes the Store, (b) you breach any terms of these Terms and Conditions of Sale (including any Subscription Terms or Rules of Use), or (c) for any other reason in Reseller’s sole discretion. In the event that Reseller terminates or cancels your Account for a breach of these Terms and Conditions of Sale, or any other improper or illegal activity, Reseller and Merchant shall grant you no refund, including of any Subscription fees or of any unused funds in your Account. Merchant may also terminate any accounts you have with Merchant if you breach these Terms and Conditions of Sale or engage in any other improper or illegal activity.
Products are for sale within the limits of available stock. If Reseller is out of stock on a Product, or runs out of stock on a Product, Reseller may cancel any pending orders for such Product, and refuse to accept new orders for such Product, at Reseller’s sole discretion.
Your order is a binding offer to the Reseller to purchase the Product(s) in the order. Upon placing an order, the Website will display an ensuing and immediate confirmation message followed by a confirmation email. Such automatic confirmation does not constitute an acceptance by the Reseller of your order, but a notice of acknowledgement. The Reseller's acceptance of your order shall occur and a contract shall form only once the Reseller approves the order as follows: we only accept your offer, and conclude the contract of sale for a Product that you ordered, when we dispatch the Product to you and send e-mail confirmation to you that we've dispatched the Product to you (the "Fulfillment Confirmation E-mail"). For digital Products, you shall receive a link within the Fulfillment Confirmation Email directing you to your Product’s key, allowing you to unlock and download your purchase. Reseller may cancel any pending orders prior to shipment for any reason at Reseller’s sole discretion. If an order consists of more than one Product, Reseller may cancel any portion of the order that Reseller has not yet shipped to you at any time prior to shipment of that portion of the order.
If your order is dispatched in more than one package, you may receive a separate dispatch confirmation e-mail for each package, and each Fulfillment Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the Product(s) specified in that Fulfillment Confirmation E-mail.
All orders shall be placed exclusively via the Internet on the Website.
Automatic order confirmation errors may occur. Please check the automatic order confirmation for errors and inform us immediately of any discrepancies.
The Reseller may cancel or refuse any order from a Customer with whom a previous order resulted in a dispute or litigation, or from a Customer that previously disputed a charge.
You consent to receive sales invoices electronically. Electronic invoices may be made available in your Account on the Site. If you do not have an Account and did not print your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy of an invoice, please contact Reseller’s customer support.
Reseller shall ship your order to the address you provide during the ordering process.
Any estimated delivery date or shipping time indicated on the Website is strictly informational and does not constitute a binding obligation – delivery dates and shipping times may vary. The Reseller shall not be responsible for delayed delivery or the loss of or damage to a package or its contents by postal services or couriers.
It is your responsibility to verify the good condition of any package(s) and their contents upon receipt. In the event a package or content is not in conformity with your order, you must promptly contact us with a full description of the content and disconformities and send Reseller a letter containing an acknowledgement of receipt and disconformities within three (3) days. Please contact our customer service for more information about this process.
You may pay for an order with only the payment methods displayed on the Website at the time of purchase. Reseller shall not accept payment by any other method. Reseller may change the acceptable payment methods at any time (up to and including the date that Reseller ships the Product) at Reseller’s sole discretion.
The Reseller uses SSL (secure socket layer) encryption technology for your transactions. Your banking information is not stored by the Reseller. Reseller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Reseller stores only your address and the transaction time and date. This data remains strictly confidential.
Reseller and/or Merchant may take any actions and disclose any information or transaction data they deem helpful or necessary to investigate, respond to, detect, or prevent any actual, attempted, or potential fraud, deception, or illegal activities, regardless of scope. For example, Reseller and/or Merchant may communicate or cooperate with law enforcement or other third parties and they may disclose information and transaction data related to the relevant transactions, sales, or communications to law enforcement or other third parties. Reseller and/or Merchant may also provide information to third parties for fraud detection and prevention analysis and services.
When you provide payment information to the Reseller or to one of its payment service providers, you affirm that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize the Reseller to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. The Reseller may require you to provide your address or other information
For subscriptions in which the Customer makes recurring payments in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that the Reseller is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as Paypal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscription, you agree to notify the Reseller promptly of any changes to your credit card account number or Paypal or other payment account name or number, any applicable expiration date, your billing address, and/or any other information requested by Reseller in order for Reseller to process a transaction, and you agree to notify the Reseller promptly if your credit card, PayPal, or other payment account expires, is lost or stolen, or is canceled for any reason.
If your use of the Store or your purchases are subject to any type of use or sales tax, then the Reseller may charge you for those taxes in addition to any Subscription or other fees. You shall remain solely responsible for any other taxes you may owe in any jurisdiction.
You shall honestly provide your place of residence upon request, and you shall not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your territory, or for any other purpose. If you do this, Reseller may terminate your Account.
If applicable, the ownership of the Products shall be transferred to you when full payment is received and we deliver the Products to you. However, any risk of loss, theft, or destruction, in the period between the delivery and the transfer of ownership, shall be borne by you. Should you not honor your payment obligations for any reason whatsoever, the Reseller shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk, and peril.
The Reseller makes no representations or warranties, either expressed or implied, regarding any third party site. In particular, the Reseller makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
You are granted the limited and non-exclusive right to use one (1) copy of each Product delivered to you by the Reseller on a computer, laptop, or other permissible computing device. You are not permitted to copy, distribute, display, modify, or decompile any software in a Product, to extract its source code, create any derivative work based on it, remove any indication of the name or manufacturer of the software from it, or remove or modify any copyright protection scheme protecting it. You are exclusively permitted to use the Product for your own personal use and may not pass on, sell, transfer, or lend the Product to a third party, or make any commercial use of the Product.
The Store may require the automatic download and installation of software onto your computer. The Reseller hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the software for your personal, non-commercial use (except where commercial use is expressly allowed herein or in a separate set of terms and conditions) in accordance with these Terms and Conditions of Sale. The software is licensed, not sold. Your license confers no title or ownership in the software.
You may not use Reseller source code or any Reseller software for any purpose other than the permitted access to the Store and to make personal, non-commercial use of your Account, except as otherwise permitted by this Terms and Conditions of Sale. Except as otherwise permitted under these Terms and Conditions of Sales, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, perform, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Reseller software without the prior consent, in writing, of the Reseller.
You are entitled to use the Store for your own personal use, but, except as expressly permitted elsewhere in these Terms and Conditions of Sale, you are not entitled to: (i) sell, grant a security interest to other parties in any way, nor to rent, lease, or license your Account rights to others without the prior written consent of the Reseller or (ii) exploit the Reseller Software or the Store for any commercial purpose.
The Reseller or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Reseller services.
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products.
To cancel your order, you must inform us of your decision by a clear statement, e.g by sending us and email to [email address]. You may use the model cancellation form provided below but it is not obligatory.
To meet the cancellation deadline, you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel your order, we will reimburse to you all payments received from you related to said order. We will use the same means of payment as you used for the transaction, unless you have expressly agreed otherwise, and you will not incur any fees for such reimbursement. We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
You shall send back the products without undue delay and in any event no later than 14 days from the day on which you communicate your cancellation of your order to us. You shall pay only the return postage cost for the package. The original invoice of the Product must be included with the returned merchandise. Only unopened Products in new condition shall be accepted.
We will make the reimbursement without undue delay and not later than (a) 14 days after the day we receive back from you any products supplied or (b) (if earlier) 14 days after the day you provide evidence that you have returned the products.
We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
You cannot exercise your right to cancel your order if the products become unsealed after delivery.
- To Scalefast SAS, 35 rue de Mathurins, 75008 Paris, France, email [email address] :
- I hereby give notice that I cancel my order for the following:
[INSERT ORDER NUMBER, ITEM]
- Ordered on [INSERT DATE] / received on [INSERT DATE]
- Name of consumer
- Address of consumer
- Email address of consumer (optional)
- Signature of consumer (only if the form is notified on paper)
Consumers’ personal data may be transferred to Scalefast SAS or other Scalefast SAS affiliates and to third parties that provide products or services to Scalefast SAS, such as the editor of the products, which are located outside the EU and in particular in the United States.
When consumer’s personal data are transferred to a party located in a country that does not provide for a level of data protection that is sufficient according to EEA standards, such transfer will be made on the grounds of a certification to the EU/US Privacy Shield regime (for further details see: https://www.privacyshield.gov/EU-US-Framework) or a data transfer agreement based on the Standard Contractual Clauses approved by the European Commission, copies of which are available on demand by sending an email to [email].
If an order is wrong or a Product is faulty, the Customer must notify the customer support team within seventy two (72) hours of delivery of the Product with the subject-line: FAULTY PRODUCT. The Customer must also explain to customer support what is wrong with the Product and provide to customer support any other information or documents as reasonably requested. The Customer must follow the returns procedure provided by the customer support team to return his/her faulty Product.
Upon return, the faulty Product will be received by the Merchant or the logistics service provider and may tested by experts. All returns on the grounds of a fault will be submitted for verification.
If Reseller confirms the fault, the Customer may request either an exchange or a refund. Product exchange will only be possible if Reseller has the Product in available stock. If the Product is not available in stock, Reseller will issue Customer a refund. If Reseller verifies that the Product is faulty, Reseller shall (i) reimburse the Customer for the cost (up to fifteen Euro (15,00 EUR)) to ship the faulty Product to Reseller and (ii) in the case of an exchange, Reseller shall be responsible for the cost of redelivery.
Reseller does not cover shipping expenses for returns.
Reseller does not cover shipping or customs expenses for international returns (i.e., any returns from outside the European Union. The Customer will be responsible for all shipping and customs expenses and procedures. Please contact our customer support for all returns from outside the European Union.
The entire content of the Website (texts, illustrations and computer code) is the property of the Reseller, the Merchant or their co-contractors.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s Service are trademarks or trade dress of the Reseller. The Reseller’s trademarks and trade dress may not be used in connection with any product or service that is not provided by the Reseller, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Reseller. All other trademarks not owned by the Reseller that appear in any Reseller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller.
The entire content of the Website (texts, illustrations, and computer code) is the property of the Reseller, the Merchant, or their co-contractors or licensors.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s service are trademarks or trade dress of the Reseller. The Reseller’s trademarks and trade dress may not be used in connection with any product or service that is not provided by the Reseller, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Reseller or Merchant.
All other trademarks not owned by the Reseller that appear in any Reseller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller.
Reseller shall not give any personal data or personally identifiable information you provide to any third party other than the Merchant and the Reseller’s service providers (such as payment and delivery services).
By placing an order via the Website, you commit that all information you have provided to Reseller is accurate and true information. Your personal data and personally identifiable information is indispensable for the dispatch of the merchandise and invoice. If you do not personal data/personally identifiable information, Reseller shall cancel your order. Your personal data/personally identifiable information shall be used to deliver ordered Products, to inform you of new offers from the Reseller and/or the Merchant, and to contact you should a problem arise concerning the order.
You agree that these Terms and Conditions of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms and Conditions of Sale other than as expressly stated herein.
You acknowledge that you connect to the Website and use its services at your own risk. The Reseller and Merchant holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Reseller shall take sensible measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Reseller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Reseller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Sales Entities hold no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Sales Entities hold no responsibility for not honoring its contractual obligations in the event of chance occurrence, unavoidable accident, an Act of God, or a force majeure event as defined by the laws and precedents of the applicable jurisdiction.
Nor in any event will the Sales Entities be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages, arising out of or in any way connected with the Store, the software, and any information available in connection therewith, or inability to use the Store, software, subscriptions, or any information, even in the event of the Sales Entities’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Reseller’s or Merchant’s warranty and even if the Sales Entities have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.
Nothing in these Terms and Conditions of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SALES ENTITIES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, the Sales Entities hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the Website and Products. THE SALES ENTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to you.
You agree to defend, indemnify, and hold harmless the Sales Entities and their licensors, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from or in connection with a breach of these Terms and Conditions of Sale or in connection with the Store (including use of the store by you or any person(s) using your Account), the Products, or an Account. The Sales Entities have the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you on their behalf.
This section regarding responsibilities shall survive termination of these Terms and Conditions of Sale.
If you provide the Reseller or the Merchant with any feedback or suggestions about the Store, or any Reseller’s software, products, or services, the Sales Entities are free to use the feedback or suggestions however they choose, without any obligation to account to you or to keep the feedback or suggestions confidential.
The Sales Entities will not be responsible for (i) losses that were not caused by any breach on Reseller’s or Merchant’s part, or (ii) any indirect or consequential losses, whether or not foreseeable to both you or us, when the contract for the sale of products by us to you was formed.
The Reseller may inform you through an online notice in the case of systems maintenance. The Sales Entities shall not be responsible for any resulting delays or consequences of such maintenance.
All photographs used to illustrate the Products and services are illustrative only. These photographs are non-contractual, they do not form any part of any contract between you and Reseller, and they cannot bind the Reseller in any way.
Unless expressly indicated otherwise, the Reseller is not the manufacturer of the products sold on the Site. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products on our Website is provided for informational purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings, and directions provided with the Product before use.
Reseller may permit visitors to the Website to post reviews, comments, or other content; send e-cards or other communications; and submit suggestions, ideas, comments, questions or other information via the Website. You shall not post, send, or submit any content that is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of a card or other content. Reseller reserves the right to remove or edit any posted, sent, or submitted content.
If you post, send, or submit content, unless we indicate otherwise in writing, you grant: (a) the Sales Entities a perpetual, non-exclusive, royalty-free, and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Sales Entities, and their sublicensees and transferees, the right to use, reproduce, modify, publish, distribute, and display the name that you submit in connection with such content. No moral rights are assigned under this provision.
The rights you grant above are irrevocable. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Reseller or Merchant, including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Sales Entities for all claims brought by a third party against any of them, or any damages, arising out of or in connection with the content and material you supply.
If you believe that any content on or advertised for sale on any Reseller’s Service, including the Website, contains a defamatory statement, or that your intellectual property rights or other rights are being infringed by an item or information on any Reseller’s Service, please notify our customer support.
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow use of your Account by individuals of situated in a country subject to an embargo or prohibition of any form from the US government, the European Union, or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
When ordering products from the Reseller for delivery outside of the United States of America you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Merchant, Merchant’s affiliates, and their respective officers, directors, employees, contractors, and agents are third-party beneficiaries of this Agreement for the purpose of enforcing any indemnification or other obligations under this Agreement.
Notwithstanding anything to the contrary in these Terms and Conditions of Sale, Merchant and Reseller reserve the right, without any limitation, to involve and cooperate with law enforcement authorities in investigating any matters at any time without additional notice to you.
If you breach these Terms and Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions of Sale.
Except as otherwise expressly stipulated in these Terms and Conditions of Sale, in the event that any provision of these Terms and Conditions of Sale shall be held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.