The purpose of these general conditions of sale is to define the contractual terms and conditions between Competiscan.eu and the Customer, in particular the conditions for which Competiscan.eu provides the customer with a license to use the software, the hosting of data and services of advice and assistance. The use of the software Competiscan.eu through this site implies an unconditional acceptance by the Customer of these terms of sale.
Competiscan.eu offers the Client a personal right of use of his software, non-exclusive and non-transferable. The latter offers the Customer the possibility to monitor the prices and stocks of the sites as well as the products added in the software, within the limit of the chosen offer.
The use of the software does not grant the Customer any intellectual property rights over the software and these changes, which remain the sole property of Competiscan.eu.
It's also totally forbidden:
- to perform any form of representation or reproduction of the software or its documentation or to hide by any means whatsoever the marks, distinctive signs, copyright notices affixed to the software.
- to intervene on the software whatever the way or the reason, even to correct errors, the evolutionary and corrective maintenance being ensured by Competiscan.eu.
- to modify or seek to circumvent any protection device of the software.
It is forbidden to sub-license the software under any of the conditions of this license without the prior written consent of Competiscan.eu. In case of non-compliance with this clause, the customer will be qualified as a counterfeiter and this contract will be terminated to the exclusive fault of the customer.
Competiscan.eu takes care of the configuration of the software. This consists of adding the customer's website as well as the websites of its main competitors or reseller network. The product association responsibility therefore the fidelity of this information is the responsibility of the customer.
4. Secure access to the software
Access to the Competiscan.eu software is secured by a unique login and password. The preservation of these data is the responsibility of the Customer. However, in case of forgetfulness of the password the customer can after his request receive an email allowing him to change the previous password. Passwords are stored encrypted in our database, and even Competiscan.eu does not have access to these in the clear.
5. Support and maintenance
Assistance will be provided by Competiscan.eu to the Customer in case of any questions regarding the software and its use. This assistance will be by e-mail or telephone and will provide the customer with the information necessary for the proper use of the software features.
Competiscan.eu commits itself to intervene as soon as possible and to be available during the standard office hours with competent staff.
Competiscan.eu undertakes to make available, as far as possible, its software available 24/7 for all the functionalities of the software. However, Competiscan.eu reserves the right to temporarily close the software to maintain it. This maintenance will be done as much as possible outside peak hours.
Competiscan.eu undertakes as far as possible to inform the customer in advance in case of interruption of access to the server.
6. Accommodation / backup
Competiscan.eu ensures the hosting of data useful for the use of the software by the Customer and the Internet users on its servers.
Competiscan.eu is committed to preserving the integrity and security of data.
The identification data are kept by Competiscan.eu in accordance with the regulations in force.
Competiscan.eu is committed to preventing unauthorized access to the server and to implementing, at best, rules designed to prevent unauthorized computer access to the server.
Competiscan.eu, in its status of host, would not be responsible for any content of data and emails but will remove or prohibit access to such content if notified of their illegal content.
7. Ownership of data and confidentiality
Competiscan.eu is prohibited from communicating the content of strictly private data concerning the Customer to any third party.
8. Rates and financial terms
Rates defined on the site are the prices without taxes. It will be necessary during the payment to add the amount of the VAT applicable on the day of the order for the French companies or outside the EU. Companies in the EU and excluding France with an intra-community VAT number are exempt from VAT. Any change in the rate may have an impact on the rate of the subscription.
Competiscan.eu reserves the right to change prices at any time. Subscribing customers will then receive an e-mail informing them of the change and will have to unsubscribe if they do not wish to continue with this rate.
By subscribing, the customer agrees to pay the sum of the subscription chosen monthly until termination of the contract.
Any delay in payment may entail as of right and without prior notice, billing late interest at the legal rate in effect plus two points and a sum of a lump sum of 30% of the price of the subscription with a minimum of one hundred euros (€ 100.00).
9. Term and Termination
This contract is concluded for an indefinite period.
The Customer may terminate his subscription to the software or change his subscription type at any time subject to notification to Competiscan.eu. The cancellation will take effect within 30 days from the Customer's request.
10. Intellectual property
The Customer is responsible for all the elements provided to Competiscan.eu and thus guarantees that it requires all the rights required to use these data.
Competiscan.eu guarantees the prior obtaining of all the licenses required for the use of the graphic modules contained in the software.
11. Competiscan.eu liability limitations
It is agreed that the responsibility of Competiscan.eu, in case of recognized fault, does not cover the indirect losses which are the commercial or financial loss as well as operating losses.
In addition, if the responsibility of Competiscan.eu is recognized judicially in the execution of the contract, the Customer will not be able to claim indemnities superior to the refund of the payments made.
12. Force majeure
The responsibility of Competiscan.eu will not be held liable in case of force majeure as described below.
The responsibility of Competiscan.eu can not be implemented if the non-execution or the delay in the execution of one of its obligations described in the preceding general conditions of sale arises from a case of absolute necessity. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code.
13. Contract amendment
Competiscan.eu reserves the right to modify at any time the provisions of the contract. The changes will then be notified to the customer by e-mail and will take effect 30 days after the receipt of the e-mail.
In case of disagreement on the part of the customer, he may terminate his contract by express request to Competiscan.eu. The cancellation will then take effect within 30 days.
In case of translation of the contract, only the French version will prevail.
14. Competent court
Any dispute concerning the interpretation and execution of these general conditions of sale is subject to French law.
The parties undertake to seek in good faith an amicable solution to any differences relating to the performance, interpretation, termination of the contract or any other different related to the contract.
In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Saverne.