Terms and Conditions of Sale

[updated on 01/01/2016]

1. Introduction

The Terms and Conditions of sale detailed below (hereinafter referred to as the "Terms and Conditions"), govern the contractual relationship between any user (hereafter referred to as "User", "Customer" or "You") of the products and services offered by Philippe DECUYPER and Philippe DECUYPER (hereinafter referred to as the "Company" or "Us"), a French auto-entreprise registered to the SIRENE:

Philippe DECUYPER
87T rue de Messines
59237 VERLINGHEM
France
SIRET: 518 286 794 00020

eaReckon is a registered trademark of Philippe DECUYPER.

These Terms and Conditions of sale are the only ones applicable and they replace all other conditions, unless agreed prior and written.

The Company may occasionally need to modify some of the provisions of its Terms and Conditions, also it is necessary to reread these before each visit to the website. Modifications are binding as soon as they are online and cannot apply to contracts concluded earlier.

2. Definitions

Virtual product: any type of digital product which can be offered to the Customer by the Company, including but not limited to, downloadable software, electronic documents, ...

Online shop: a website from which You can purchase Virtual products (www.eareckon.com/eshop)

Services: means individually or collectively offered services such as, but not limited to consulting, software development for third party companies, ...

3. Online sale of virtual Products

Each purchase made on the Online shop is governed by the Terms and Conditions applicable at the date of the order.

You declare that you have read the Terms and Conditions before any purchase on the Online shop.
We consider that by validating an order, you have read and you agree, without any reserve, to the present Terms and Conditions of sale.

Only Virtual products are available from the Online shop, so no physical media such as a dvd-rom or a cd-rom will be sent after a purchase made on the Online shop.

3.1 Permanency of service

Orders are carried out exclusively on the Internet. Access to the service is provided in a permanent way but is subject to periods of maintenance, updates of servers and possible exceptional interruptions. No guarantee is therefore offered on permanency of the services offered by the Online shop.

3.2 Prerequisites

Downloadable Virtual products can be many dozens of megabytes in size: it is therefore recommended, for a better comfort, to use a broadband line, either ADSL or cable.

Access to the service shall be subject to the transmission by the user of all the requested information, including his email address which allows the exchange of information related to the service (payment validation, sending of the serial numbers,...).

In order to work properly, these digital products require a computer fulfilling some requirements that are specific to each Virtual product.

The minimum requirements are available in the product description pages.

3.3 Price and Taxes

The prices listed on the website are in Euros and all taxes included, unless otherwise noted.

Services available on the Online shop are supplied on a business to consumer (B2C) basis.

If the consumer is based in France or outside the European Union, VAT is not applicable (art. 293 B – CGI).

If the customer is based in a member state of the European Union (other than France), the final price (tax incl.) includes VAT at the rate applicable in the consumer’s EU member state.

If you are a business entity and want to purchase a Virtual product in the context of a business to business (B2B) relation, please contact the support service at support[-AT-]eareckon[°]com.

We reserve ourselves the right to change our prices at any time.

3.4 Online payment and Order validation

Payment must be made through a Paypal account.

Once your payment is approved and your order is validated, you will receive an order confirmation email (including one or several serial numbers, if relevant). The delay in approval of your payment depends on Paypal. In no event is the Company responsible for the delay in approval of your payment.

Beyond ten (10) working days after placing an order without your payment being confirmed by Paypal, the entire transaction can be cancelled by the Company.

Once your payment confirmed, an invoice will be available on the online store (in your customer account) and will be saved locally on one of our computers.

You will then have the possibility to access the ordered product(s) by clicking on a download link either displayed at www.eareckon.com or later in an e-mail.
However, before you can download a purchased Virtual product, you may have to register serial numbers sent by email after the confirmation of your payment.
Serial numbers must be registered in a ‘user account’ at www.eareckon.com.
In order to work properly, a product may also have to be activated (or authorized) via a code or a file that can be obtained from this same ‘user account’ at www.eareckon.com.

The download, installation and authorization procedures are described in the manual of each products that are freely available from www.eareckon.com or on request by email (support[-AT-]eareckon[°]com)

3.5 EULA (End User License Agreement)

By installing and using a Virtual product provided by the Company, you agree to be bound by the terms and conditions of a EULA which is specific to each product and separate from these Terms and Conditions of Sale.

We invite you to read this EULA before any purchase.

3.6 Right to retract

Your right to retract referred to by Article L 121-21 of the French Consumer Code (Code de la consommation), which provides "The consumer shall have a period of fourteen clear days to exercise his right to retract without having to provide a reason or pay any penalty, apart from, where appropriate, the cost of return.", is not applicable to digital content which have been used before the end of the period of fourteen clear days (article L 121-21-8 of the same Code).

You are therefore informed that your right to retract will NOT be applicable after the registration of your serial number(s) in your user account.

3.7 Support

If you encounter a problem while installing or using one of our software, it is advised to read the eventually provided manual, see our eventual FAQ or visit our Forum (available from www.eareckon.com).

If you have a question or a specific problem, please contact support[-AT-]eareckon[°]com.

In order to optimize response time, customers are invited to indicate their order reference.

3.8 Pictures and Media are not contractual

Some screenshots at www.eareckon.com and on the Online shop may show the interface of 3rd party products that are not delivered with eaReckon products (especially for host applications like BloXpander).

Screenshots and media may also differ from the actual product.

3.9 Collected Information

We collect and store information that you enter into the www.eareckon.com website and Online shop or that you provide to our Forum. For example, information will be collected when you open an account, when you register and/or authorize a product, when you place an order, when you sign up to receive emails or other promotional communications, when you contact us with online enquiries and/or when you otherwise voluntarily submit or provide information to us.

The information we collect that you provide to us may include, but is not limited to: names, billing addresses, shipping addresses, email addresses, telephone numbers, passwords, serial numbers of purchased products, identification number(s) used to identify certain hardware in your computer(s), information regarding orders, demographic information and information regarding interests and preferences. This information is used to complete transactions and provide the products and services that you have ordered or requested, and for administrative and analytical purposes.

This information also may be used to contact you about sales, product updates, product recommendations and special offers, unless you have opted not to receive communications in connection with such purposes.

Note that we do not store any critical banking or payment information (credit card or bank account numbers, for example), but Paypal or the other third party payment gateways may do so.

The www.eareckon.com website, the Online shop and our forum use “cookies” in order to identify account holders and to optimize their log-in, account management and shopping experience.

Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies “turned on” so that you can access all the functionalities of the web site.
Otherwise, if you don’t want to accept cookies, you can disable them by setting your browser accordingly.

Our customer database has been declared to the French National Data Processing and Liberties Commission (Commission Nationale Informatique et Libertés or CNIL) in compliance with French law n° 78-17 of January 6th, 1978 in relation to the use of computers, data files and freedom.

In compliance with this law, you have a right to consult and modify your personal data stored in our database. In order to exercise this right, please contact us (privacy[AT]eareckon[DOT]com).

We do not share or sell customer files with any third party.

3.10 Force Majeure

The Company is committed in view of the current technique to maintain the best possible conditions in the services offered by the Online shop. However, the Company cannot be held responsible for any interruption of these services due to a force majeure, due to a third party, a user, as well as technical uncertainties.
Responsibility of the company cannot be held in breach of its contractual obligations due to an event which is unforeseen, insurmountable or beyond the reasonable control of the Party affected.
The Parties agree, without this list being exhaustive, conventionally, such is the force majeure or fortuitous event, or because of a third party, the damage which take their origins or causes in: natural disasters, fires, floods, lightning, power surges, strikes, stoppages of electricity supply, failure of the telecommunications network, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions related to the provision of telecommunications services and the loss of connectivity connection due to public and private operators on which the business depends.
These force majeure suspend the obligations of the company mentioned in the Terms and Conditions of Sale, and for the duration of their existence. However, if an event of force majeure lasts longer than three (3) months, one or other of the parties would be entitled to terminate their relationship after sending a registered letter with notice reception related to this decision.

4. Other Services

Services other than online sale of Virtual products which can be eventually offered by Philippe DECUYPER cannot be ordered though the Online shop. These services will be concluded in the context of a specific agreement.

5. Late penalty fees

Note: Purchases made through the Online shop should not be concerned by this article because in this context, orders are validated only after the confirmation of the payment through Paypal.

Any due amount not paid at the deadline appearing on an invoice is subject to the application of late penalty fees (12% annual rate). These late penalty fees can be requested by right.

Furthermore, as of 1 January 2013 and in compliance with articles 441-6 and D. 441-5 of the French Commercial Code (Code du Commerce), any delay in payment is subject to an indemnity for recovery costs equal to €40, in addition to late fees described above.

An additional indemnity shall be claimed if the recovery costs are higher than the indemnity for recovery costs.

The provisions contained in article L. 441-6 of the French Commercial Code apply to business-to-business dealings only.

6. Governing law

These Terms and Conditions of Sale will be governed by and construed in accordance with the laws of France without reference to conflicts of law rules and principles.

Any dispute arising out of the interpretation or application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct negotiation, be settled by in the Tribunals of Lille, France.