General conditions of sale of the shua-creation.com site

1. Application of the General Conditions of Sale

• 1.1. Scope. The site shua-creation.com is a site of the company Shua-Creation.com, These conditions apply to all purchases of products, services concluded using this website between Shua-Creation, and you as a buyer.
• 1.2. Legal capacity. You certify that you have full legal capacity allowing you to commit yourself under these Conditions.
• 1.3. Modification of the Conditions. We reserve the right to revise and modify the Conditions without notice. The Conditions that apply to your purchase are those that appeared on the Site during your order and that we recommend that you print or save on your computer.

2. Presentation of Products, Offer, Validation and Acceptance

• 2.1. Description of Products. The descriptions of the Products are presented on the Site and can be consulted before any order. Photographs and illustrations have no contractual value.
• 2.2. No offer. The prices, estimates and descriptions indicated on or with reference to the Site do not constitute an offer on our part. We can remove or revise them at any time before we expressly accept your order.
• 2.3. Choice of Products. The choice of products, after knowing their characteristics, is made under your sole responsibility according to your needs as you have previously determined them before any order. In addition, you are the only one to have knowledge of the hardware, software, configurations and others, that you use and are, therefore, the sole judge of the compatibility of the products ordered with those that you use. The validation of your order implies acceptance of the prices, volumes, quantities and characteristics of the products ordered.
• 2.4. Summary. Before this validation, you will be presented with a summary page of your order. The purpose of this page is to allow you to confirm the details of your order and to correct any typing errors. At the end of the summary page, if you wish to pay for your order, you will click on a button "Confirm my order and pay for it". We draw your attention to the fact that the display of this summary page does not constitute on our part a formal acceptance of your order.
• 2.5. Acknowledgment of receipt. Before this acceptance, you will receive an acknowledgment of receipt of your order, generated automatically after confirmation of your payment. We draw your attention to the fact that this acknowledgment of receipt does not constitute a formal acceptance of your order.
• 2.6. Acceptance. Your order constitutes an offer to purchase under these Terms. It is subject to our subsequent acceptance; the contract is therefore only formed when we accept your order. Our acceptance takes effect upon dispatch of your order, following verification of the availability and payment of the Products ordered.
• 2.7. Previous litigation. We reserve the right to cancel any order from a customer with whom there is a dispute over payment of a previous order.
• 2.8. Errors. We ensure that the prices and descriptions of the Products displayed on the sites are accurate, but we cannot guarantee the accuracy of all this information. We reserve the right to notify you of any error relating to an ordered Product before proceeding with its dispatch. If this should happen, we will send you the description or the price duly corrected in our order confirmation and you could (a) either maintain your order, (b) or cancel it. If you maintain your order, you acknowledge that the Product will be supplied in accordance with these corrected provisions.
• 2.9. Preorder. You can pre-order new Products. The delivery dates are communicated to you taking into account the information given during the elaboration and development of this product. We are therefore not responsible if the delivery is delayed, canceled or if the content is subject to modification. When the release of a new Product is canceled, we cancel your order and immediately refund any payment already made.
• 2.10. Archives- Access. After validation of your order, we may keep, for a reasonable period of time, a record of orders, acknowledgments of receipt, acceptances and contracts.

3. Prices and Payment Conditions

• 3.1 Price. The prices of the indicated Products include VAT, processing costs.
• 3.2 Modification of prices. Shua-Creation reserves the right to modify its prices at any time and without notice. The Products will be invoiced on the basis of the prices in force at the time of your order.
• 3.4 Currency. For your convenience and by default, all prices are published in Euros
• 3.5 Taxes. For all Products downloaded to a country outside the European Union or shipped outside the European Union, the price will be calculated without tax. Customs duties or any local taxes or import duties or state taxes may be due. These rights and sums do not fall within the competence of Shua-Creation and will be at your expense and under your entire responsibility both in terms of declarations and payments to the competent authorities and bodies.
• 3.6 Payment. Payment for your purchases must be made before delivery and only by the means indicated on the Site, unless agreed by Shua-Creation.
• 3.7 Security. Credit card transactions on the Site are completely secure. Our payment providers use the 128-bit SSL (Secure Socket Layer) encryption standard, the most widely used and most reliable standard on the Internet today. Your credit card number is encrypted. Our payment provider such as Paypal and Stripe, does not store or keep your banking information, it is deleted once your order is made.
• 3.8. Title retention. We retain ownership of the Products sold until full payment of the price.

6. Download and Backup

• 6.1. Download procedure. As soon as your payment is validated, you will receive an e-mail containing a link which will give you access to the download area. Your Product will then be available for download for one month from your purchase.
• 6.2. Backup CD-Rom. When you order your Product, you can also order a backup CD-ROM. So you can instantly start using the downloaded software while having a backup copy to reinstall on your PC.
• 6.4 Right of withdrawal and download. Please note that for products purchased on our Site in download format or script installation service, you lose your legal right to withdrawal from the moment the download has started or the installation is effective. Our software is covered and protected by copyright and you have no right to resell and use it if you have not obtained a license from our website, the resale of our scripts is strictly prohibited and you commits to criminal proceedings.

7. Accommodation

• 7.1. Accommodation and accommodation subscription with our service. Our hosting service at the price stipulated during your order without obligation and for the duration of 1 year including a domain name and hosting on our server are subject to our general conditions of sale for our hosting at this page .

8. After Sales Service

• 8.1. Availability. The after-sales service provided for the Products depends on the products and the countries, according to the conditions detailed in the Product Description on the site. We reserve the right to modify these conditions at any time without notice. The applicable technical support conditions are those in effect for the Product at the time of purchase. This technical support can be provided directly by Shua-Creation or by partner companies

9. Data Protection

• 9.1. Collection of data. To a reasonable extent, we collect personal data necessary to serve our business interests. We apply and will maintain adequate safeguards to ensure the security, integrity and confidentiality of the information you provide. We collect the information necessary to process payment for your Products (for example, your name, email, etc.).
• 9.3. Use of data. Payment Information is only used by our suppliers to the extent necessary to process your payment. Customer Information is used to notify you in the event of changes relating to our Sites or Products or Services of which you may be interested. We draw your attention to the fact that our email marketing operations are usually carried out by Shua-Creation; thus, we reserve the right to contact you directly or through our subsidiaries, unless you have indicated to us that you do not wish to do so. We invite you to consult our privacy policy.

10. Limitation of liability

• 10.1. Death, Personal Injury, Negligence. We do not exclude or limit our liability for death or personal injury resulting from our negligence.
• 10.2. Predictable losses. We are only responsible for losses foreseeable by you and us, resulting from a violation of the Conditions or negligence on our part. We are not responsible for commercial losses (including but not limited to loss of reputation, profits, contracts, savings, data or wasted expenses), or any other indirect or consequential loss that was not reasonably foreseeable by you and us at the time of conclusion of the contract or when you started using the Site (the date to remember is the latest). Nothing in these Conditions will affect our or your statutory rights.

11. Software

• 11.1. License conditions. When a Product we supply is software or contains software (the "Software"), it is licensed to you by the licensor of the Product. This use is subject to the applicable end user license agreement or any other license agreement (the “License Terms”) that accompanies the Software. The delivery or downloading of Software therefore does not, in any case, transfer of rights relating to the Software.
• 11.2. Respect of copyright. The Software must not be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse-engineered or used in combination with other software, unless the License Conditions authorize it or if the applicable law provides that 'such an act constitutes a right which cannot be contractually derogated from.

12. General stipulations

• 12.1. Consumer law. The Conditions cannot limit or exclude our responsibility or that of the manufacturer towards you, when a law applicable in your country prohibits such a restriction or contractual exclusion. The Terms do not affect your rights under mandatory consumer protection law.
• 12.2. Transfer of rights. You are not authorized to assign or transfer your rights under the Terms to third parties.
• 12.3. Partial invalidity. If one of the clauses of these conditions were to be declared null or unwritten, the other provisions would not remain less valid.
• 12.4. Entire clause. These Conditions constitute the entire agreement between you and us relating to the subject matter of these Conditions and prevail over all contracts and arrangements, oral and written, between you and us.
• 12.5. No Waiver. The fact by Shua-Creation of not availing itself of a failure by the other party to any of the obligations referred to in these Conditions cannot be interpreted as a definitive waiver of the obligation in question.
• 12.6. Title of articles. The titles of the articles are inserted for convenience and should be ignored when interpreting the Conditions.
• 12.7. Jurisdiction. The Conditions are subject to French law, with the exception of conflict of laws rules. Any complaint, dispute, litigation or other matter relating to the Conditions or to our supply of Products may be subject first to a conventional mediation procedure (article L.133-4 of the Consumer Code), and in the event that the litigation is not resolved at the end of mediation, the dispute will be subject to the exclusive jurisdiction of the French courts.




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