Terms of Trade

These presents are the general sales terms of trade of Droppix, a company incorporated in France with its registered office:

Droppix
38, rue Dunois
75647 Paris Cedex 13
75013 Paris

1. Application

The present TERMS OF TRADE apply to all the sales of commodities and services made by Droppix from this web site. These TERMS OF TRADE prevail over any purchase conditions.

1.2. Consequently, ordering a product offered for sale from this web site implies your full agreement to the present TERMS OF TRADE that you acknowledge having examined before your order.

1.3. You certify that you have full legal capacity allowing you to commit yourself as regards the present TERMS OF TRADE.

1.4. Droppix reserves itself the right to modify at any time and without notice the present TERMS OF TRADE.

Price - Payment conditions

2.1. Product prices are stated in EURO, inclusive of all Taxes, but excluding contribution to processing and shipping charges which are invoiced, if necessary, in addition to the price of the products bought. The charges will be mentioned before completion of the order form.

2.2. In the event of an order to a country other than FRANCE, you are the importer of the product(s) concerned. For all products downloaded from a country located outside the European Union or shipped outside the European Union, the price will be calculated exclusive of tax. Customs duties or any local taxes or import duties or State taxes are liable to be due. Such duties and amounts do not come under the authority of Droppix and will be charged to you and under your full responsibility as regards both the statements and payments to the competent authorities and organizations.

2.3. Any order placed from a country in the European Monetary Union will be invoiced in EURO.

2.4. Droppix reserves itself the right to modify its prices at any time. The products will be invoiced according to the tariffs in effect at the time of the order completion and subject to product availability.

3. V.A.T. and charges

3.1. For the customers located in France, the ordered articles are set up with the French VAT as well as the transport charges (if necessary).

3.2. For the customers located inside the European Union, the ordered articles include the French VAT. No tax is payable at reception, and the VAT is not recoverable.

3.3. For the customers located out of the European Union, the invoice will be established excluding French VAT. However, you will have to pay customs duties and to make sure that the products ordered are authorized for importation in your country.

4. Product features

4.1. Before you order, you may study the products' features on the present web site. You may also download and use products for free for thirty (30) days after installation (“Trial Period”). During the Trial Period, Droppix grants you a limited, non-exclusive license to copy and use software for evaluation purposes and only for personal use.

5. Choice of products

5.1. The choice of products, after you have studied their features, is made under your sole responsibility and liability according to your needs such as previously determined by you before any order. You alone know about the equipment, software, configurations and other elements that you are using and are therefore the sole judge of the compatibility of the products ordered with those you are using.

6. Order validation

6.1. As of the time you complete your order by clicking on the icon "validate your payment" you are considered to have knowingly and unreservedly agreed to the present TERMS OF TRADE, and the prices, volumes, quantities and features of the products ordered.

6.2. Any order involving an online payment will be confirmed by e-mail. Droppix provides you with a registration number (License Key) and grants you a limited, non-exclusive license to (a) use the Software on a single computer at any time. Caution, Droppix software products are distributed only in binary form (no box, no packaging).

7. No Refund

7.1. Since software is provided free of charge during the Trial Period to allow potential customers to evaluate and test them before paying the license fee, Droppix enforces a strict no-refund policy. Once you pay the license fee, your payment is final and you may not be refunded.

8. Payment incidents

8.1. Droppix reserves itself the right to cancel any order from a customer with whom there may be a dispute concerning the payment of a previous order.

9. Downloading and backup

9.1. The backup of the downloaded product is made under your own and full responsibility and liability. It is your responsibility to proceed to a SINGLE BACKUP of the downloaded product on an appropriate permanent medium.

9.2. You are entitled to proceed to a SINGLE BACKUP, any other reproduction in whatever form contravenes our intellectual and industrial property rights and involves your responsibility.

9.3. Loss of the downloaded product due to the lack of backup may not result in either its replacement or compensation.

10. Limited liability

10.1. The software is provided as is, Droppix does not offer any guarantee, whether express or implied, particularly and unrestrictively as regards the quality and compatibility of the software and their documentation for a specific use. You expressly acknowledge that it is not possible to guarantee that the software will meet performance requirements or that they will work without discontinuity or bug. Consequently, Droppix will not bear the risks relating to the software qualities and performances.

10.2. Droppix does not incur any liability for any consequential damages because of these presents, operating loss, profit loss, chance loss, damages or costs.

11. Force Majeure

11.1. Droppix will not be held responsible for not meeting of its obligations in the event of stock shortage, production discontinuance, disturbances or general or partial strike especially of postal services and means of transport and / or communication, flood, or fire.

12. Intellectual property

12.1. The sale of software and other products involves under no circumstances transfer of reproduction, representation, or exploitation rights and more generally any rights acknowledged either currently or in the future to those who participated in the making of software and other products and to their beneficiaries.

13. Partial invalidity

13.1. Should one of the clauses in the present TERMS OF TRADE be declared null and void, or not stated in writing, the other provisions shall still remain valid.

14. Non-waiver

14.1. The fact that Droppix does not claim a breach by the other party of any one of the obligations stated in these presents will not be construed as a final waiving of the obligation at issue.

15. Applicable law

15.1. The present TERMS OF TRADE are construed and governed by French law.

16. Conferment of jurisdiction

16.1. Any dispute relating to the execution or construction of these presents, even in the case of a recourse against a guarantor or of several defendants, failing an out-of-court agreement shall come under the exclusive jurisdiction of the Appeal Court of Paris (Cour d’Appel de Paris).