Our sales and services are subject to these terms and conditions, which prevail over any purchase condition, unless we expressly waive them."
Article 2 - Products - Services
These terms and conditions relate to the publishing and distribution of software, the marketing of computer equipment, the provision of training and the performance of computer services by our company.
These terms and conditions shall apply subject to specific terms and conditions for any product or service within our area of activity.
Article 3 - Intellectual Property
The copyright of the software will remain with JDel or their creator. They cannot be transferred to the ordering party under any circumstances.
The right to use the software conferred on the natural or legal person who acquired it may be used only on the basis of a licence agreement which the right holder undertakes to respect.
The rights of the person who has acquired the right to use software published or distributed by us are strictly limited to the operations authorized by article L 122-6-1 of the French Intellectual Property Code and French law no. 94-361 of 10 May 1994 transposing European Directive No. 91-250 of 14 May 1991.
Article 4 - Realisation of the agreement
Contracts of sale shall be deemed to have been concluded when the buyer has indicated his agreement on the matter and the price. Our obligations must be fulfilled from the date of receipt by our company of the customer’s agreement according to the terms provided for in Article 5.
The provision of services is always subject to special conditions which must be accepted by the client.
When a quote is made by us, it constitutes the special conditions amending or supplementing these general conditions. The acceptance of the quotation by the customer characterizes the formation of the contract.
The receipt by our company of the quotation initialled by the customer constitutes the starting point of the deadline for performance of our obligations.
Article 5 - Delivery - Revenue
The delivery time of the product sold or the provision of service will be defined in the special conditions.
The JDel company will only be liable to the customer if the delivery period exceeds:
- Thirty days for software as publisher and broadcaster.
- Forty-five days for computer equipment;
- Sixty days for software for which JDel is only a broadcaster.
As regards computer services, the time limit for receipt must be subject to special conditions on a case-by-case basis.
The delivery times as defined above shall be calculated from the date of receipt of the customer’s agreement as defined in Article 4.
The parties expressly agree that EDITIONS CREASOFT, when it itself waits for the receipt of the thing granted or sold of all or part of its constituent elements or of any element necessary for the performance of the service due, will be able to pass on to the customer any delays they experience.
If the delivery or acceptance deadline is exceeded, the customer may request the termination of the contract. The deposits already paid will be returned to him.
The shipping costs are the responsibility of the customer unless special conditions contrary.
For all goods sold, including hardware software, the risk transfer takes place at the conclusion of the contract.
The goods sold travel at the buyer’s own risk even when they are shipped free of port on the basis of special conditions.
Regarding software requiring our company to assign a code to unlock them, any customer who has not requested the assignment of this code within 15 working days of receipt of the program will not be able to claim a delivery defect or subsequently invoke a malfunction of the software.
For software not subject to unlocking the receipt will be deemed to be made on the date on which the customer will be in possession of the hardware support of said software.
For all software the client will never be able to require the communication of the source program.
The procedures for receiving IT services are defined in the special conditions.
Article 6 - Transfer of rights
Our company retains the ownership of the rights conferred and the goods sold until effective payment of the entire price in principal and accessories. The remission of a security creating an obligation to pay does not constitute payment within the meaning of this clause. Failure to pay any of the deadlines may result in the claim of the goods.
These provisions do not prevent the transfer to the customer, from the exchange of the consents, of the risk of loss and damage of the goods sold as well as the damage that they could cause.
For all software, whether published by JDel or third parties, the transfer of the right to use is conditional on full payment of the price stipulated in the special conditions. The transfer of risks shall comply with the rules referred to in the preceding subparagraph.
The right to use is unique to each of our customers and results from the license agreement related to each software.
The right of the user can therefore not be the subject of any commercial or licensed transaction unless otherwise provided by the license agreement.
Article 7 - Payment terms
Our prices are mentioned in our special conditions.
The list of our rates can be communicated to any customer on request. Unless otherwise specified, the price must be paid by the customer in cash upon conclusion of the contract.
All of our invoices are payable to our head office.
In the event that payment deadlines are granted by our company:
If payment is not made on any of the due dates, the remaining due dates will immediately become due, even if they have resulted in drafts.
In addition, as a penal clause and by application of the legal provisions, the customer will be liable for a penalty for delay of payment calculated by application to all the sums remaining due, of an interest rate equal to the legal interest rate plus 5 points.
Section 8 - Minimum Configuration
The customer acknowledges having been informed that the computer hardware in his possession must have a minimum level of performance in order to use any software made available by JDel as a publisher or simple broadcaster.
Any recourse or claim against us is conditioned by the use of equipment that meets the minimum level of performance required.
Prior to any order and as part of its duty to advise, JDel may check this minimum configuration on simple request provided that the customer provides the complete documentation inherent to the computer equipment used.
Article 9 - Guarantee
Concerning software which it is both publisher and broadcaster:
JDel guarantees to the person who has acquired the right to use the Software in accordance with the terms of the License Agreement the overall operation of the Software in accordance with the terms described in its own documentation for a period of 30 days from receipt of the software provided thatis used in the recommended hardware configuration.
Small variations in performance compared to the specifications of the documentation do not give rise to the application of the guarantee of good functioning.
The guarantee of proper operation of the software does not apply to software updates, test versions, evaluation, product samples and copies of the software prohibited for resale.
In case of malfunction only returns of software or any hardware transferred by our company previously authorized by JDel will be accepted.
Returns must be sent to the head office together with the proof of purchase and sent to us within 30 days from receipt.
Our liability will be limited, at the choice of JDel, to the replacement of the software or the refund of the price paid.
The computer equipment sold by JDel is guaranteed against any malfunction resulting from a manufacturing or design defect under the conditions below.
The malfunction must appear within 30 days from delivery for a use of the well defined in the order.
In order for the property to be returned to our headquarters, the customer must have obtained our prior acceptance.
The guarantee is excluded:
- if the defective design originates from the buyer;
- if the malfunction results from an intervention on the property carried out without authorization;
- if the defective operation results from normal wear and tear on the property or from negligence or lack of maintenance on the part of the buyer.
- if the defective operation results from force majeure.
Under the terms of the JDel warranty, its technical services will replace defective parts free of charge. This guarantee does not cover labour and transport costs.
The replacement of parts or components shall not extend the period specified in paragraph 2 of this Article.
By express agreement between the parties, JDel’s liability resulting from a defect in the functioning of the property is limited to the above provisions with regard in particular to hidden defects and intangible damages.
Software only released:
For software which it merely ensures the dissemination JDel does not give any guarantee. Only the warranty granted by the publisher of said software or our supplier will be applicable.
For all software applications:
Both in the case of software which it publishes and distributes, and in the case of software for which it ensures only JDel dissemination, it excludes from the scope of the guarantee of operation viruses which may affect the software and its compatibility with another software.
The compatibility with other software can be guaranteed by JDel in the only case where an overall IT service has been ordered on the basis of a company contract. In this case the conditions of acceptance and guarantee are defined in the special conditions.
For any computer program, JDel cannot guarantee the performance or results that the customer can achieve using the software.
Article 10 - Termination clause
the event of non-performance of its obligations by one party, the
contract shall be automatically terminated for the benefit of the other
party without prejudice to any damages that may be claimed from the
The resolution will take effect 15 days after the sending of an unsuccessful formal notice.
Article 11 - Jurisdiction clause
In the event that the co-contractor of JDel would have the status of merchant, any dispute even in case of claim in guarantee or plurality of defendants will be the exclusive competence of the Commercial Court of our registered office.