TERMS AND CONDITIONS OF SALE

Last updated on May 18th, 2018 with the following changes:
- The Privacy Policy (updated on May 18th, 2018) is decribed in a separate document
. This document appears in the second part of this page.
- Modification of chapter 3.9 of the Terms and Conditions of Sale, related to the collected information.

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 Personal Data

The acceptance of these Terms and Conditions of Sale also implies the acceptance of our Privacy Policy which is described in another document (appearing below on this page).
Our Privacy Policy provides detailed information about the collected personal data in the context of our online store.

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.


PRIVACY POLICY

We respect your right to privacy and this policy summarizes how Philippe DECUYPER ("eaReckon", "We") collects and uses the personal data that you provide to us by using the www.eareckon.com web site.

For confidentiality and security reasons, the www.eareckon.com web site is composed of three parts, each of these parts having its own database:

- The “Main Site” (www.eareckon.com) is used to present eaReckon software and allow users to access this software.

- The “Online Store” (www.eareckon.com/eshop) allows users to purchase user licenses (serial numbers) for the paid software.

- The ' Forum ' (www.eareckon.com/forum) is a discussion space dedicated to users of the eaReckon software.

These three parts can be accessed without creating an account, but some services require the creation of such an account and the submission of personal data.

Only useful personal data are requested when creating an account.
For example, if you want to register a serial number and access the software for which you have purchased a user license, you will have to create a user account on the main site. However, if you bought your license from a third-party distributor, your postal address is not useful to us and this is why such an information is not required when creating a user account.
On the other hand, if you want to purchase a license through the eaReckon online store, your real name and postal address are necessary to complete the transaction and to write an invoice. This is why your postal address and your real name are required when creating a customer account on the online store.

ARE YOU UNDER 18 YEARS OLD?

We do not sell services for purchase by persons under 18 years old.
If you are under 18 years old, you are not allowed to purchase anything from the Online Store.
In addition, if you are under 16 years old, you may use this web site only with the consent, involvement and supervision of a parent or guardian. In this case, please do not submit any of your personal data such as your name, email address, postal address, etc.

DATA CONTROLLER AND CONTACT INFORMATION

The data controller is Philippe DECUYPER, owner of the eaReckon trademark and “micro-entrepreneur”.
HEAD OFFICE : 87T rue de Messines - VERLINGHEM (France).
SIRET (French company registration number): 518 286 794 00020
CONTACT: privacy[at]eareckon[dot]com

PERSONAL DATA THAT WE GATHER FROM YOU

  • Main site (www.eareckon.com)
    Personal data collected when creating a user account:
    Name (your 'real' name is not required here).
    User name
    E-mail address
    Password (encrypted in the database).

    Purpose of a user account:
    Access to the paid software (download link(s), authorization tools) for which you have acquired a user license.

  • Online Store (www.eareckon.com/eshop)
    Personal data collected when creating a customer account:
    Name (your 'real' name is required here).
    First name (your 'real' first name is required here).
    Postal address
    E-mail address
    Password (encrypted in the database).

    Regarding the online store, note that we do not gather and therefore, we do not store any information in relation to your bank account (account or credit card numbers for example), but Paypal may do so when you complete an order.

    Purpose of a customer account:
    A customer account allows you to purchase user licenses for the paid software.
    In the case of a validated order, these data allow us to meet legal obligations (creation of an invoice, accounting and administrative obligations).

  • Forum (www.eareckon.com/forum)
    Personal data collected when creating a forum account:
    User name (this user name will publicly appear on the forum if you post a message – it does not have to be a “real” name).
    E-mail address
    Password (encrypted in the database).

    Purpose of a forum account:
    A forum account allows you to write messages in the forum and receive notifications to which you have subscribed.
    You do not need an account to read the messages that have already been posted on the forum.

  • Newsletter
    Our newsletter is managed by a third party company (MailChimp).
    We do not automatically subscribe you to the newsletter when you create an account on our website.
    If you are interested by the eaReckon newsletter, you must explicitly subscribe to it through a dedicated subscription form hosted by MailChimp.
    You can unsubscribe from it at any time.
    Please see the 'Recipients of your data' section of this Privacy Policy for more information about MailChimp.

DATA THAT ARE AUTOMATICALLY COLLECTED

Cookies
Our website stores small files (“cookies”) on your computer. These files contain information such as your browsing preferences or your connection status.
The Main Site, Online Store and Forum use “functional” cookies that help to optimize the connection, the management of your account and the online buying experience.
By default, most browsers automatically accept cookies, but they allow you to disable them.
We recommend that you keep cookies turned on so you can benefit from all the features of the web site.
However, if you want to disallow cookies, it is possible to do so by setting your browser accordingly.
If you use a public computer, it is highly recommended to log out of your account(s) when leaving this computer.

IP address
Your IP address is an alphanumeric address related to the point of connection from where you visit our web site.
We may store your IP address when you visit our web site (when creating an account, when placing an order or when you use the contact form, for example).
This allows us to detect and trace a possible malicious use of the web site, but also to obtain an approximate location of your device when validating an order so we can meet legal obligations.

Other information
Our web host allows us to access logs related to our web site (Apache logs).
These logs contain information about visits, which may include: your IP address, the pages you have visited on the web site, the files you have downloaded, the names and versions of your browser and operating system, the third-party site (referrer) that has directed you to our web site (through a web link on which you clicked).
We regularly look into these logs for statistical purposes, to detect a possible malicious use of the web site and to verify or improve the proper functioning of the web site.

RECIPIENTS OF YOUR DATA

The collection of personal data through our web site is intended to provide you with the services you have requested.
We do not sell or rent your personal data to third parties, under any circumstances.
In addition, we do not disclose your personal data to third parties, except if:

  • We have to comply with a legal requirement or a court order, or to establish or defend a legal claim; or
  • The disclosure to a third party company is required to process a transaction or to provide services that you have explicitly requested:

PayPal
PayPal (Europe) S.à.r.l - Luxembourg
We use Paypal to process the payments related to your orders on the online store.
When validating an order on the online store, you are redirected to the Paypal web site and the information you have submitted during the creation of your customer account (except your password) as well as the details of your order can be passed to Paypal.
Once redirected to the Paypal web site, Paypal may also collect additional personal data from you.
Because of this, all PayPal transactions are subject to the PayPal Privacy Policy.

MailChimp
The Rocket Science Group LLC - USA
We use MailChimp to send our newsletter.
By subscribing to our newsletter through the dedicated registration form, personal data such as your e-mail address, your IP address and some information about the links (in the newsletter) on which you have clicked will be collected by MailChimp and stored on the MailChimp servers.
For more information about this, please read the MailChimp Privacy Policy.
If you change your mind about your subscription to the newsletter, you can unsubscribe from it at any time.

DATA STORAGE PERIOD

Your personal data are only retained for as long as necessary.
Your right to use the software for which you have acquired a user license, as your desire to benefit from other services (like the forum), is not explicitly limited in time. Therefore, the collected data are kept for an indefinite period.

However, “unused accounts” will be deleted on a regular basis to avoid the retention of unnecessary personal data.
By “unused accounts”, we mean:

  • User accounts without any registered serial number.
  • Forum accounts without any posted message.
  • Customer accounts without any validated order.

YOUR RIGHTS

In accordance with the applicable laws in the European Union, you have the following rights with respect to your personal data. Most of these rights are not absolute.

Right of access and Right to portability
You have the right to ask us to confirm whether we process your personal data. If we do, you have the right to request access to your personal data that we process.
In this case, we will provide it to you in a structured, commonly used and machine-readable format.

Right to rectification
You have the right to have us correct your personal data if they are inaccurate.

Right to erasure
This right is also called the “right to be forgotten.”
You may ask us to delete your personal data, unless:

  • we need to process or store them to comply with a legal obligation ; or
  • we need to process them to establish, exercise or defend a legal claim.

Right to object to processing
You have the right to object to us processing your personal data, unless:

  • we need to process them to comply with a legal obligation ; or
  • we need to process them to establish, exercise or defend a legal claim.

In any case, should we process your personal data for direct marketing purposes, you have the right to object to this processing.

If you want to exercise one of these rights, please contact us at the following email address:
privacy[at]eareckon[dot]com
We will answer within a period of 30 days after receipt of your request.
Considering the confidential aspect of your personal data, we may have to ask you for a proof that you are the person concerned by these personal data before we can effectively address your request.

CHANGES TO THIS PRIVACY POLICY

Changes to this Privacy Policy will be posted on this web site. In some cases, we may also send an email to notify users of the changes.
We reserve the right to update or modify this Privacy Policy at any time and without prior notice.
Any modifications will apply only to the personal information we collect after the posting.

EFFECTIVE DATE

This Privacy Policy was last revised on May 18th, 2018.