GENERAL CONDITIONS OF SALE
Contents
SECTION 1 - GTC CONSUMER CLIENT
1. Object
2. Presentation of the products
3. Period of validity of sale offers
4. Product prices
5. Order placement
6. Payment terms
7. Withdrawal period
8. Delivery
9. Customer relations - After-sales service
10. Mediation
11. WhirlWriter License
SECTION 2 - GTC PROFESSIONAL CLIENTS
1. Purpose and scope
2. Price
3. Rebates
4. Discount
5. Payment terms
6. Late payment
7. Cancellation clause
8. Reserve clause
9. Delivery
10. Force majeure
11. Court of competent jurisdiction
12. WhirlWriter License
SECTION 1 - GTC CONSUMER CLIENT
1. Object
The general terms and conditions of sale described below detail the rights and obligations of the WHIRLWRITER™ company and its customers in connection with the sale of the WHIRLWRITER™ Software.
Any service performed by the WHIRLWRITER™ company implies the buyer's unreserved acceptance of these general conditions of sale.
It is specified that only the right of use is the object of this sale. Use of WHIRLWRITER™ software is also subject to acceptance of the License Agreement.
2. Presentation of the products
The characteristics of the products offered for sale are presented on the whirlwriter.com website. The photographs do not enter the contractual field. WHIRLWRITER™ cannot be held liable if errors have been introduced. All the texts and images presented on the WHIRLWRITER™ company website are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.
3. Period of validity of sale offers
The products are offered for sale while stocks last. In the event of an order for a product that has become unavailable, the customer will be informed of this unavailability, as soon as possible, by e-mail or by post.
4. Product prices
On the whirlwriter.com website, prices are indicated in euros, all taxes included. The amount of VAT is specified when the customer selects a product.
The WHIRLWRITER™ company reserves the right to modify its prices at any time, but the products ordered are invoiced at the price in effect when the order is recorded.
The prices offered include the discounts and rebates that the WHIRLWRITER™ company could decide to grant taking into account its results or the assumption by the purchaser of certain services.
No discount will be granted in the event of early payment.
5. Order placement
The customer validates his order when he activates the "Confirm your order" link at the bottom of the "Summary of your order" page after having accepted the present conditions of the sale and the License of use. Before this validation, it is systematically proposed to the customer to check each of the elements of his order; he can thus correct any errors.
The WHIRLWRITER™ company confirms the order by e-mail; this information includes in particular all the elements of the order and the customer's right of withdrawal.
The data recorded by WHIRLWRITER™ constitutes proof of the nature, content and date of the order. This is archived by the WHIRLWRITER™ company under the legal conditions and deadlines; the customer can access this archive by contacting WHIRLWRITER™ by e-mail: rgdp@whirlwriter.com.
6. Payment terms
Payment for orders is made by credit card.
When registering the order, the buyer must pay the total amount of the invoice.
7. Withdrawal period
The Customer, when he is a consumer within the meaning of French law, is expressly advised that he has, by the application of the Hamon law, a period of fourteen (14) clear days to exercise his right of withdrawal from WHIRLWRITER™ regarding the provision of the services. Within this period, a full refund of the sums incurred may be made by WHIRLWRITER™ to the customer. The Customer will be reimbursed by bank transfer within fourteen (14) days of receipt of his request. The request must be made by e-mail to cust@whirlwriter.com. Are excluded from the right of withdrawal, contracts for the supply of goods made to measure or clearly personalized at the request of the customer. Contracts for the supply of software are subject to certain conditions, for which the right of withdrawal can only be exercised when the product has not yet been "unsealed", i.e. the packaging has remained intact, and contracts for the provision of services which can only be interrupted if their execution has not yet started. The customer acknowledges expressly accepting that the performance of the service provided by WHIRLWRITER™ begins upon validation of full payment. Services whose execution has begun, with the consent of the consumer, before the end of the withdrawal period, are excluded from the right of withdrawal.
8. Delivery
The buyer must download the WHIRLWRITER™ Software. The activation key will be sent to the User as soon as he has paid the price of the subscription fee and at the latest 2 days later.
9. Customer relations - After-sales service
For any information, question or complaint, the customer can write to cust@whirlwriter.com.
10. Mediation
In accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", the buyer has the right to use the mediation service offered by the company WHIRLWRITER™ free of charge. The mediator thus proposed is: CNPM MÉDIATION CONSOMMATION.
This mediation mechanism can be reached:
- electronically: https://cnpm-mediation-consommation.eu;
- or by post: CNPM MÉDIATION CONSOMMATION - 27, avenue de la Liberation - 42400 Saint-Chamond
In accordance with Article L 612-1 of the Consumer Code, one of the conditions prior to the examination of the dispute by CNPM MÉDIATION CONSOMMATION is as follows: the consumer must justify having attempted to resolve his dispute beforehand directly with the customer service of the WHIRLWRITER™ company, by a complaint made by e-mail.
11. WhirlWriter License
The buyer acknowledges to have read, understood and consented to the WhirlWriter License.
SECTION 2 - GTC PROFESSIONAL CLIENTS
1. Purpose and scope
These general terms and conditions of sale (GTC) constitute the basis of commercial negotiation and are systematically available to each buyer on request.
The general terms and conditions of sale described below detail the rights and obligations of the WHIRLWRITER™ company and its customer in connection with the sale of the following goods: the WHIRLWRITER™ Software.
It is specified that only the right of use is the object of this sale. The Use of the WHIRLWRITER™ software is also subject to acceptance of the License Agreement.
Checking the clause "I acknowledge having read and I accept the attached general terms and conditions of sale," at the time of the order implies the buyer's unreserved acceptance of these general conditions of sale.
2. Price
The prices of the goods sold are those in effect on the day the order is received. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate applicable on the day of the order.
The WHIRLWRITER™ company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
3. Rebates
The proposed prices include discounts and rebates that WHIRLWRITER™ may grant.
4. Discount
No discount will be granted in the event of early payment.
5. Payment terms
Payment for orders is made by bank card;
Payments will be made under the following conditions:
Cash payment before delivery of the activation key.
6. Late payment
In the event of total or partial nonpayment of the goods delivered on the due date, the buyer must pay WHIRLWRITER™ a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that which is in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the date the payment was due without any prior formal notice being necessary.
In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump-sum compensation of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
7. Cancellation clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically cancelled and may give rise to the allocation of damages for the benefit of WHIRLWRITER™.
8. Reserve clause
The WHIRLWRITER™ company retains the right to deactivate the key until full payment of the price, in principal and accessories.
9. Delivery
The delivery of the activation key is made by e-mail to the address indicated by the buyer at the time of the order (the buyer must first download the Software).
The delivery time indicated when registering the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to any benefit on the part of the buyer: the allocation of damages; cancellation of the order.
The risk of transport is fully borne by the buyer.
10. Force majeure
The responsibility of the WHIRLWRITER™ company cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
11. Court of competent jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Paris Commercial Court.
12. WhirlWriter License
The buyer acknowledges to have read, understood and consented to the WhirlWriter License.
WHIRLWRITER™