Sale Conditions

These sale conditions are translated from the French version. In case of litigation and misinterpretation, the (French version ) will prevail.

1.   DEFINITIONS
2.   PURPOSE OF THE CONTRACT
3.   VENDOR IDENTIFICATION
4.   PRODUCTS AND SERVICES ESSENTIAL CHARACTERITICS
5.   ACCEPTANCE OF THE SALE CONDITIONS
6.   DELIVERY
7.   PRICE AND METHOD OF PAYMENT
8.   REFUND AND REPUDIATION
9.   WARRANTIES AND RESPONSIBILITIES
10. PRIVACY - Legal information
11. SECURITY
12. COPYRIGHT
13. SETTLEMENT OF DISPUTE

1.   DEFINITIONS (French version )

Internet :  A worldwide computer network that allows communication and data transfer between people connected to it (computer)
Identifier (ID) : In telecommunication and data processing systems, one or more characters used to identify, name, or characterize the nature,properties, or contents of a set of data elements.
Contract: The present document Registration data : The information fills in the order form.
Download : The action of a computer receiving files from a remote computer.
You: Refers to the client to whom the company LUTEUS either gives the right to install and use its software after payment of the user licenses either provides a contract to update the software.
LUTEUS: Defines the company « LUTEUS SARL", registered at "Registre du commerce et des Sociétés de Melun", its headquarters are located at Bâtiment : « Le Sextant » ZI de Moissy-Cramayel, 462 rue Benjamin Delessert, BP 83, 77554 Moissy-Cramayel, FRANCE.

2.   PURPOSE OF THE CONTRACT (French version )

This merchant site is dedicated to professionals or companies and is Business to Business oriented (B2B).The purpose of the present contract is to define the conditions of sale applied when we proceed to the sale and shipping of our services and/or products.
Shipping of virtual goods (software) are performed by electronic data transfer.The present conditions applies to any transactions performed through out our WEB merchant  site or directly with Luteus SARL.

3.   VENDOR IDENTIFICATION (French version )

LUTEUS SARL (Société à Responsabilité Limitée)
Sarl, capital 8000 euros
R.C.S. Melun B 444 089 601
NAF : 6201Z
VAT number Intracommunautaire : FR05444089601

Address :
Bâtiment : « Le Sextant »
ZI de Moissy-Cramayel
462 rue Benjamin Delessert
BP 83
77554 Moissy-Cramayel
FRANCE
Tel : 33 (0) 820 209 077
Fax : 33 (0) 164 135 429
Web : www.loriotpro.com
E-mail : sales@loriotpro.com

4.   PRODUCTS AND SERVICES ESSENTIAL CHARACTERITICS (French version )

LUTUEUS' offer corresponds to on-line services or software downloading. Distributed products are described in depth on this site www.loriotpro.com in the product menu. Summary of the product or service characteristics are also visible during the order process.
Software product is provided as an executable file and an activation key.

4.1.  Type and Usage recommendations

You are the only person or entity responsible for choosing the product and its usage. Restrictions regarding the use or usage of LUTEUS product are listed separately in each product license. LUTEUS guarantees it will provide all the technical support necessary to answer your questions.

4.2.  Validity of the offer

The offer is valid one week after the date of ordering. Prices may vary without notice.

5.   ACCEPTANCE OF THESE SALE CONDITIONS (French version )

The general sales conditions described herein are systematically brought to the attention of every customer in order to enable him to place his order.
Consequently, the placing of an order implies the full and unconditional acceptance of these general sales conditions, notwithstanding any other documents, such as sales brochures or catalogues issued by the vendor, which have only an indicative value.
The buyer may therefore not impose any contrary conditions on the vendor, unless expressly accepted, regardless of when these conditions were brought to his attention.
The fact that, at any given point in time, the vendor may not have imposed one or several of the present general conditions, does not imply that he renounces his right to enforce these conditions or the condition in question at a later date.
Information provided by the client during the order process is the client's sole responsibility. Any error in the order form is not LUTEUS responsibility.

LUTEUS confirms orders by E-mail. We recommend you keep a printed version of this order.

6.   DELIVERY (French version )

6.1.  Geographical zones and limitation of the offer

You can download all the software or services from LUTEUS web site whenever you want. You may access our web site from any Internet access. The geographical zone of the offer is limited to your access to the Internet and to possible technical incompatibilities due to your navigator. LUTEUS reserves the right to refuse any sales to any destination

6.2. Delivery

6.3.  Deadlines

Deadlines correspond to the average time necessary to process the date and deliver the product. Any order not shipped within 30 days will be canceled and your payment will be refunded.

7.   PRICE AND METHOD OF PAYMENT (French version )

All our prices are in Euros. Current prices are available on our WEB site. The price billed to the client is the price indicated on the order confirmation sent by e-mail from this address sales@loriotpro.com.  However, in case of a divergence between the price indicated on the order and the price indicated on the official price due to a typo or a miscalculation of our system the official price will prevail.

For French Companies : French companies must add the TVA (Value Added Tax which is 19.6%) to the listed price. The TVA is automatically added if you select France as your country on the Order page of the WEB site.In case the order is placed from a country other than metropolitan France, the ordering company or individual becomes importer of the involved products or services.

For European Union Companies:  European Union Companies must add the VAT, which is 19.6% to the listed price. The VAT is automatically added if you select one of the European Union countries as your country on the Cart page of the WEB site. The VAT will not be added if you provide your Intra Community TVA number in the required field on the Cart page of the WEB site.
This process is set in order to simplify and develop exchanges, and to avoid companies being taxed twice, first in their country of origin, then in the country where the goods or service have been purchased.

Company of others countries outside European Community and French territories: The price will be automatically calculated on the order and does not include TVA.

Custom Fees: The price of all the products and services does not include the VAT. If you are a resident outside of the European Union and place a purchase order, you must to pay all duties, taxes, tariff or fees applicable to such products or services on import into the country in which the products is ordered and installed, and to ensure that such importation is not against any law applicable in that country.

Method of Payment (French version )

LUTEUS SARL accepts three methods of payment:

   On-line payment by bank cards
   Bank transfer (SWIFT)
   Check (French companies only)

On-line payment by bank cards

LUTEUS accepts on-line payment by bank cards: Visa card, EuroCard, MasterCard and American Express

   .
For your security, your card will be systematically verified by the bank's server, and the payment will be authorized by your bank.  Your move into the secure mode is indicated by the closing of the padlock on the lower left of the Netscape browser screen, or when the padlock appears on the lower right of the Internet Explorer screen.  We advise you to use at least version 5 of Internet Explorer and version 4.5 of Netscape.

Payment by bank transfer (SWIFT)

SWIFT provides messaging services to banks, broker/dealers and investment managers, as well as to market infrastructures in payments, treasury, securities and trade. These services help customers reduce costs, improve automation and manage risk.
To pay by bank transfer, Select the Pay by Bank wire at the end of your order process. You and LUTEUS will receive an E-mail with your order. Then proceed to the transfer by contacting your bank. Orders will be automatically canceled if the payment is not received within a month from on-line order receipt.

The amount must correspond to the amount mentioned on the order form in the total of your  order.

WARNING : All SWIFT charges are for your own account. We will not accept the payment in any other cases.

Payment by check (French customer only)

If you are a French company, we accept payment by check in Euro issued from a French account. In order to be processed, such order have to be validated by us. Contact us if you want to use this payment method at sales@loriotpro.com.

Your duly filled-in and signed order form must be accompanied by a check made out to LUTEUS SARL and for an amount corresponding to the one featured on the order page in the "Total" row of the table.

For all payment method, the order validated by the client shall not be considered as effective until the bank payment centers concerned have given

their approval.  If the previously mentioned centers refuse this approval, the order shall be automatically canceled and the client shall be informed by e-mail. Furthermore, LUTEUS SARL reserves the right to refuse any order of a client with whom a dispute has previously arisen.

8.   REFUND AND REPUDIATION (French version )

Before purchasing our programs, please download evaluation versions of our programs to make sure that they perform to your satisfaction. The evaluation versions are fully functional for a period of one month.

In an effort to limit software piracy and credit card fraud, all orders are non-refundable. Since you have evaluated our software before purchasing it, there should not be any reason to return your purchase. Purchased programs are identical to evaluation versions of our programs except that they are not time limited.
When you purchase a license to use one of our programs, you have agreed to install and use the program on only one Computer.

9.   WARRANTIES AND RESPONSIBILITIES (French version )

Products and services are conforming to the French legislation. Our responsibility could no be involved in case our products or services do not respect your country's legislation. You are aware of these sales conditions and agree that your are the only person or entity responsible for the matching between our products or services and your needs.
If the purchased product is a LUTEUS software, you should refer and agree with the User License Agreement.
If you purchase a service, you should refer to the conditions provided in the contract.

For any other warranty, you are in charge of contracting an insurance contract on your own. The responsibility of LUTEUS SARL, in all events, is limited to the order amount and will not reflect upon errors or omissions that could subsist despite the caution taken in the product presentation.

9.1.    Acts of God

None of the parties will be held responsible for failure or delay in the execution of a contract or order if this failure or delay is due to an Act of God as defined by the French law and precedents of such case.

Acts of God suspend all contractual obligations during the entire duration of such occurrence.

9.2. Non-written clause

In case one of the conditions of this contract was not valid or relevant pursuant to the laws or rules of any foreign country, this condition will be defined as a non-written clause and will not compromise or void the validity of this contract or of any of the conditions of this contract, and the rules and conditions appertaining to the use of our products of services will remain valid and in full effect as stated in this contract.

10.  PRIVACY - Legal information (French version )

The client must provide LUTEUS with his name, address and other information requested when placing a purchase order since this information is mandatory for processing the order and drawing the invoice. The minimum information needed to complete the transaction and buy the product is indicated on the Web page order form by an asterisk. You will be unable to place an order without providing this minimum information.

LUTEUS could give your information to any third parties or when required by law or those involved in the transaction except if you explicitly disallow us by checking the appropriate box in the order form .

In compliance with " Informatique et Libertés", the French law governing access to personal data, the personal data relating to the client and processed by the vendor is submitted to the Commission Nationale de l'Informatique et des Libertés (CNIL, National Commission on Data and Freedom of Access). The client has the right (under article 34 of the law of 6 January 1978) to access, modify, rectify and remove its data, and can exercise this right by requesting LUTEUS SARL to do so. 

By adhering to these sales conditions, you acknowledge that you are aware of LUTEUS security policy about your personal data and you allow us to collect and use it.

11. SECURITY (French version )

In order to ensure the safety of your payments, we use the bank card payment solution developed by our bank SNVB from the CIC group http://www.snvb.fr/.

With this system, your payment is made directly to our account on our bank's secure server (SNVB). At no time will your card number will be known to us. We use the SSL 3 (Secure Socket Layer) protocol to encrypt and protect all exchanges on the Internet. This protocol has become a worldwide standard and is supported by the major browsers.

12.       COPYRIGHT (French version )

Copyright © 2002 LUTEUS SARL All rights reserved.

You recognize and agree that all information on LUTEUS web site, including trademarks or other intellectual property, is either the property of LUTEUS SARL, or is used with the authorization of the owners, and subject to copyright.

Any reproduction, re-transmission or other use of such information is strictly prohibited without consent of LUTEUS SARL.

13.  SETTLEMENT OF DISPUTE (French version )

The present general conditions are subject to French laws.

Any dispute relating to the usage rights granted to the user and/or to the application of the present general conditions shall fall under the exclusive jurisdiction of the Tribunal de Commerce de MELUN (FRANCE).

In case of a possible misinterpretation of the information presented in the English version of our web site or differences between the French and the English version, the French version prevails.

When buying a software the clauses below are applied :
LoriotPro End User Licence Agreement