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المزيد من الدول
General sales conditions

These General Sales Conditions were translated using Google Translations.  This translation is still under revision, and this being the case, the original French version of the General Sales Conditions will be held as the legally binding document.

Object:
The general conditions of sale presented hereunder apply to the sales of equipment, the concession or transfer of software and service delivery (maintenance, training, production of specific works, appraisal, etc.) made by the company Medialexie and marketed by the company Logolexie, hereinafter referred to as the "Supplier".
The term ‘software’ means either software package or specific software.

General Disclaimer
The general conditions of sale presented hereunder constitute, along with any other special conditions, the only clauses of the contract of sale. These conditions therefore prevail over any conditions of purchase, unless expressly waived by the Supplier. The placing of an order by the Customer implies the adhesion to these general conditions of sale unconditionally and without reservation.
The Supplier reserves the right to change the supply of one hardware or software, to another hardware or software of equivalent or superior quality.

Ordering
Regarding software, the delivery consists of the giving over of a copy of the software and related documentation. Regarding software updates, delivery can also be taken by downloading from the Supplier’s servers.
You can place your orders online: www.medialexie.com ; phone: +33 4 73 25 82 50 (during office hours), by mail at the following address: Logolexie – Order Service: 6 rue Nicolas Joseph Cugnot, 63100 Clermont-Ferrand, France; by fax: +33 4 73 25 82 51 or by email to the following email address: service-commandes@medialexie.com .
Your order will be shipped upon receipt and validation of your payment. In case of the non-execution or partial execution of an order, the Supplier's liability will be strictly limited to the amount of the order (pro rata in the case of partial failure) and will not give rise to any additional compensation. When ordering through the website - or through other means described above - the data collected (eg customer information, details, date and amount of the order) will serve as evidence of contract sale between the customer and the supplier. These elements can also serve as evidence in the eyes of a third party.
The Supplier reserves the right to cancel any order from a customer with whom there is dispute over the payment of a previous order. In certain circumstances, or in the case of a sales volume predefined by the Supplier, prices may be subject to discounts, rebates or exceptional conditions of sale. These conditions are defined on the website: www.medialexie.com

Payment
To pay for your order, you have all payment methods offered during the final validation of the order (eg credit cards, bank transfers, Aurora card, Cheques, money orders cash, administrative transfers, credit agencies ). In case of late payment the Supplier reserves the right to impose penalties. The penalty rate applicable to a late payment will correspond to, unless otherwise notified, the most recent rate applied by the European Central Bank for refinancing; an increase of 7 points.

Credit card payments
You will be redirected to the banking server of the bank chosen by the Supplier. On the banking server you will be asked to enter your credit card number.
Your credit card information is encrypted directly by the security system used by the bank chosen by the Supplier.
The Supplier does not store any banking details and has no access to your credit card number.
Payment transfer
You can make payment of your order by bank transfer or any other type of transfer accepted by the Supplier. In this case, you must contact us to know the procedures to follow.
Payment by check and mail
You can make payment of your order by check in Euros, to be cleared in a French bank. Send your check with the order signed and made payable to the order of Logolexie. These documents must be sent in a stamped envelope.
The check should be made in Euros.
The mailing address is: Logolexie - Orders Service, 6 rue Nicolas Joseph Cugnot, 63100 Clermont-Ferrand, France. The check will be cashed upon receipt. Your order will be definitively validated and delivery triggered from the date of receipt of funds corresponding to the amount of the check.
We strongly discourage the sending of cash.
The customer shall held be responsible, at all times, for the posting and security of a cash payment. The Supplier shall not be held responsible for any loss or theft of cash payments. In the case of any payment incident whatsoever, the Supplier reserves the right to suspend pending orders and refuse to honor any new order until the receipt of full payment of any amounts due. The Supplier reserves the right to apply late fees.
The transfer of ownership of goods delivered or to be delivered will be suspended until full payment by the customer, without altering the transfer of consumer risk.
Price
Prices are quoted in Euros and include VAT.  The prices do not include, excluding certain exceptions, shipping, delivery or insurance, or deducted discounts.
The selling price of a product or service may be changed at any time without notice. The Customer will be notified,( by any means, including facsimile transmission),  of any amendment before order confirmation, and the amendment shall enter into force eight (8) days later. This notification will automatically apply to orders placed after this date. For all products shipped outside the European Union and DOM-TOM, to either Businesses or individuals, the price will be automatically calculated, exclusive of tax, on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These fees and charges are not the responsibility of the Supplier. They will be charged to the Client and will be under its full responsibility in terms of returns and payments to the authorities and organizations of those countries. Except in the case of special request made to the Supplier, the Products will be delivered with their original specifications and all other characteristics declared by the direct suppliers of the Supplier.

Right of withdrawal
Under Article L121-16 of the French Consumer Code, the non business customer, buying by mail, shall have seven (7) days after the delivery of his command to return the product to Supplier for replacement or refund, without penalty, except for the cost of return postage.
This right of return cannot be exercised for products whose packaging has been opened; this will be the same for any item returned incomplete, damaged, or soiled.
If returned, the refund will be the choice of provider; by credit on the non business customer's bank account, or by check in the name of the non business customer.

Delivery
We do our best to process your order as soon as possible. The time required to prepare your order will not exceed ten (10) working days of receipt. If an item is temporarily unavailable, it will be shipped, postage paid, as soon as it has been restocked. Exceeding the delivery time cannot lead to cancellation or termination of the order, nor damages, discounts, rebates or discounts. If the products delivered do not conform in kind or in quality to the delivery slip, the Customer must, under pain of being declared void, make known his claims to the Supplier in writing (mail with return receipt, fax or email signed) within seven (7) days of the date of delivery. There can be no return without prior and expressed agreement from the Supplier. In the case of disagreement, the Supplier, after inspection of the defect, can remedy that defect by any means of its choice; the Customer will not be able to claim any damages. In cases where the receipt of the package will not be possible during a specified period, it is imperative to notify us as soon as possible.
The return postage costs will be charged to the customer by default. Any delays in deliveries will not give the rights to the buyer to cancel the sale, to refuse the goods or claim damages.
In addition, the Supplier shall be relieved of the obligation of delivery for any unforeseeable circumstances of force majeure such as strikes, fire, flood, burglary, etc. ... and, generally, all events beyond its control. The products will be delivered to the address you specified on the order form. The Supplier reserves the right to charge a participation fee of port below a certain order threshold. Our shipments are made by mail or by commercial transport.

Delivery Delays
In case of late delivery by mail within eight business days following the date of dispatch, we suggest you check with your local post office to find out if the package is not pending delivery and if necessary, notify us of this delay by contacting our customer service by phone or by sending us an email. We will then contact the Post Office to open an investigation. This survey of the post can take up to twenty-one (21) days after its opening date. If, during this period, the product is found, it will be redirected as soon as possible to your home. But if the product is still not located at the end of these twenty-one (21) days, the Postal service will consider the parcel as lost. At the end of such an investigation, resulting in the loss of your order, we'll send you a substitute (sent at our expense). If the ordered products were to become unavailable, you can get a refund of the products concerned by the declaration of loss confirmed by the Postal service.
In the case of delayed delivery by our carrier within five (5) to ten (10) days following the date of shipment, please report the delay by contacting our office by phone or email. We will open an investigation with the carrier to find the package. If the merchandise is found, it will be returned as soon as possible to your home. Otherwise, and after obtaining evidence of the loss reported by the carrier, we will reship the products. If they are unavailable we will refund the total amount, in accordance with the terms and conditions of sale.

Minimum configuration
The client acknowledges having been informed that the computer equipment in their possession must have a minimum level of performance to use any software or operate any service made available by the Supplier. These are the items on the website: www. medialexie.com
Any action or claim against us will be under the  condition of the use of a material that meets the minimum level of performance required. Before any order and in the exercise of its duty to advise the Supplier can check the system requirements by request, provided that the client provide full documentation of hardware to be used.

Warranties
Because of uncertainties related to the complexity of the technologies used, the Provider does not guarantee that the products operate without the errors or interruptions that may arise in such products under normal conditions of use. The material comes under manufacturer warranty only. The software only benefits from guarantees resulting from applicable mandatory legal provisions. Any malfunction or defect due to obsolescence, wear, damage by accident, use and maintenance not conform to the requirements of documentation, installation of hardware or interfaces not explicitly authorized by Supplier, product modification by the Customer or any third party will in all cases be excluded from any warranty. Any intervention for defects of this origin will be charged at the current rate by the Supplier.


Rights to use software
The software remains the exclusive property of Provider, except under specific conditions. Users have licenses for personal and non-transferable use with terms and conditions that are defined and displayed on the screen during installation. They must strictly comply to these conditions. Users have no right of reproduction, adaptation or distribution, unless expressly agreed otherwise, of the software or of the documentation.

Medialexie Toolbar conditions of use
The use of the Medialexie Toolbar (hereafter referred to as ‘the software’), requires the acquisition of an activation key (hereafter referred to as ‘the license’). Each license is registered and corresponds to the use of the software on one sole computer.
The activation key will be given to the end user at the time of the first use of the software (by the Internet). Each user must conserve the license agreement and the original DCD on which can be found an individual edition number. These reference numbers are required in order to be able to receive an activation key, training, after sale service and updates.
A licensed user will be able to obtain a second activation key in order to install the software onto a second PC. This second license is linked to the first license, and its use is valid for the length of time that the software is attributed to the user.
In the case that the software is allocated by a licensed organism (schools, educational or training institutions, etc.): If the computer and software are allocated to a new user (e.g. a new student), the previous user will no longer have the right to use the software. Proof of the un-installation of the previous license will be obtained by Medialexie (by remote PC access via the Internet or with specific software), before the re-allocation of that license.
Every license agreement gives the right, depending on the software version, to receive free training sessions. In the case that the use of a computer or the software is transferred to another user when free training has already been done by the previous user, the new user will not be eligible for another series of free training.

Reserve Property
The Supplier remains owner of its products (software, hardware and services) until full payment.

Personal information
The Vendor agrees not to disclose to any third party any personal information you provide. This information is confidential and will only be used by Provider’s internal services to process your order and/or to send you extra information or Medialexie promotional offers.

Intellectual Property.
The Provider is the legal owner of the exploitation rights on its software and all software included in its products and has all the necessary licenses in relation to the databases and components contained therein. All texts, studies, analysis, reviews, articles, illustrations and images, multimedia elements reproduced on the Provider’s sites and in its products are reserved under copyright as well as intellectual property. For this reason and in accordance with the Code of Intellectual Property, only private use is permitted, and is subject to different rules, even more restrictive codes of intellectual property. Any other use constitutes an infringement and is punishable under Intellectual Property without prior authorization from the Supplier.

Law – Litigation
The operations performed by the Provider are subject to French law. In the case that a co-contractor of the Provider is a retailer, any dispute, even for warranty claims or multiple defendants will be under the exclusive competence of the Tribunal de Commerce at our headquarters or those of the Provider. The Provider reserves the right to choose either one.