Terms and Conditions of Sale
September 02, 2024 | en | fr
The hereby Terms and Conditions of Sale govern the contractual relations between MARC AUTRET / INDISCRIPTS.COM (we) and the customer (you).
1. ACCEPTATION
2. DIGITAL PRODUCTS
3. ORDER PROCESSING
4. PRICING
5. PAYMENT PROCESSING
6. COMMUNICATION AND NOTICES
7. WARRANTY, REFUNDS POLICIES, RESPONSIBILITY
8. APPLICABLE LAW AND JURISDICTION
9. PRIVACY
1. ACCEPTATION
1.1. Terms and Conditions of Sale Agreement. — Each time you purchase a digital product through Indiscripts.com you will be required to click the “I accept the terms of sale...” checkbox to complete the order. By clicking the “I accept the terms of sale...” checkbox and/or by placing an order for any digital product featured on Indiscripts.com, you acknowledge to know the hereby particular terms and conditions and accept them unreservedly.
1.2. Product License Agreement. — Digital products you purchase are protected by intellectual property rights and are subject to your prior acceptance of the terms of the Indiscripts Product Licence Agreement required for use of such products. The Indiscripts Product Licence Agreement is available at www.indiscripts.com/pages/eula.
1.2.1. Multi-Seat License — In the case you purchase a “Multi-Seat License” a specific number of people in your organization can individually and simultaneously use the product under the terms of the Indiscripts Product Licence Agreement. This includes the permissions to install the product on multiple computers, or to make it available on a shared device, provided that the number of simultaneous users of the product never exceeds the number that the Multi-Seat License specifies. IT IS EXPRESSLY STIPULATED THAT A MULTI-SEAT LICENSE DOES NOT ALLOW TO SELL, RESELL, LEASE, LEND, SUBLICENSE, OR DEPLOY THE PRODUCT IN ANY WAY.
1.3. Entire Agreement. — If you are uncertain about your rights or think there is a mistake or that these terms and conditions are not complete and accurate, please contact us at legal [at] indiscripts {dot} com before placing an order in such a way that we discuss your concern.
1.4. Revisions. — You agree that we have the right to revise and/or amend the hereby terms and conditions from time to time including to reflect changes in the Indiscripts Product License Agreement, changes in payment methods, changes in relevant laws, and/or changes affecting our business or the capabilities of Indiscripts.com.
2. DIGITAL PRODUCTS
2.1. Definition and Scope. — By “DIGITAL PRODUCT”, we mean: the license to download and to use digital contents under the terms of the Indiscripts Product License Agreement. Indiscripts.com offers exclusively digital contents, such as software or eBooks. Those contents are licensed —not sold— to you by MARC AUTRET / INDISCRIPTS.COM upon payment of the price of the digital product.
2.2. Availability and Delivery. — Our digital products are available directly and exclusively for electronic delivery [see 2.5.]
Please take note that WE WILL NOT DELIVER ANY MATERIAL BY POST MAIL. Any digital product featured on Indiscripts.com will normally be available to download by customers on the day of release. If a released digital product is temporary unavailable (e.g. for technical difficulties of our website), please contact us at support [at] indiscripts {dot} com.
2.3. Software “TRY” Versions. — We supply free demo versions (“TRY” Versions) of all our software products which you may use to evaluate their function, accuracy, and suitability for your needs. We encourage you to thoroughly test the system you are interested in before purchasing to determine its compatibility and suitability for your purposes. To download the “TRY” Version of a product, please follow the TRY Version
link displayed in the respective product page.
2.4. eBook Preview Versions. — We supply free preview versions of all our eBook products which you may use to evaluate their function, accuracy, and suitability for your needs. We encourage you to thoroughly test the system you are interested in before purchasing to determine its compatibility and suitability for your purposes. To download the “Preview Version” of a product, please follow the PREVIEW
link displayed in the respective product page.
2.5. Private Download Link. — A purchased digital product is delivered through a private link allowing the customer to download the product package up to 15 times from our web server. YOUR PRIVATE DOWNLOAD LINK IS ATTACHED TO YOUR ORDER AND IS STRICTLY PRIVATE AND PERSONAL. UNDER NO CIRCUMSTANCES CAN YOU DISCLOSE, SHARE, OR COMMUNICATE THE ADDRESS (URL) OF YOUR PRIVATE DOWNLOAD LINK. We reserve the right to introduce and/or change usage rules limiting the number of authorized private downloads, and we reserve the right to change or remove a digital product or other additional content at any time without notice or liability to you. Hence, you are responsible for ensuring that you do not lose or damage any digital product purchased and downloaded from Indiscripts.com.
2.6. Digital Watermark. — To prevent and discourage copyright violations, digital product files carry a digital “watermark” that identifies the customer license and compels personal data to be displayed on screen when using the product. You agree to not attempt to remove the watermark or circumvent our security technology in any way.
2.7. eBook Password. — In addition, a personal password may be used to unlock eBook products.
2.8. Product Updates. — We may from time to time publish updates to our digital products in order to improve, fix, or extend features. These updates are free of charge providing you are updating to a minor release (e.g. from version 1.02 to version 1.1, or from version 2.3 to version 2.5). To access the updated package of any product you have already purchased, re-use the Private Download Link we have provided to you for this product [see 2.5.]
If you require an upgrade to a major release, please contact us at support [at] indiscripts {dot} com for a further details.
2.9. Software Localization. — Most of the software products featured on Indiscripts.com offer both English (EN) and French (FR) user interface and provide a mechanism to automatically detect, if possible, the expected language in accordance with your system. A few products, or product updates, may support additional languages such as German (DE), Russian (RU), Spanish (ES), etc. YOU AGREE THAT THIS LOCALIZATION FEATURE IS PROVIDED “AS IS”. WE MAKE NO GUARANTEE THAT YOUR SYSTEM CONFIGURATION WILL ALLOW TO DETECT, SELECT AND/OR DISPLAY THE EXPECTED LANGUAGE. IN THE CASE OF FAILING IN LOCALE DETECTION, YOU AGREE THAT THE USER INTERFACE WILL DISPLAY BY DEFAULT IN ENGLISH. Once again, we strongly encourage you to test the software before purchasing [see 2.3.]
If the purchased version of the digital product does not perform localization as the “TRY” version does, please contact us at support [at] indiscripts {dot} com.
3. ORDER PROCESSING
3.1. General. — The contract for the purchase of any digital product featured on Indiscripts.com will only be formed when we have received payment in full for your order and we make the digital product package available through your Private Download Link [2.5.]
We reserve the right, in our sole discretion, to reject any order we receive. Subject to Article 7
below, you cannot cancel your order once the digital product has been made available for private download.
3.2. Warranties. — By placing an order with MARC AUTRET / INDISCRIPTS.COM you warrant that: (a) You are legally capable of entering into binding contracts; (b) All information you provide when ordering is exact, complete, and valid; (c) By providing the details of a credit card to be billed or payment account to be debited for payment of your order, you are the holder of the relevant credit card or payment account, or are expressly authorised to use such; (d) You will not use, copy, distribute or share any purchased digital product other than as allowed under the terms of the Indiscripts Product Licence Agreement.
3.3. Licensing Information (Name and Email fields). — Your product license will be based on three required fields: your First Name, your Last Name, and your Email Address. The responsibility is yours to make sure that you provide exact information, and especially a valid email address. Both your invoice [6.2.]
and your Private Download Link [2.5.]
will be sent at your licensing email address. For these reasons you should especially make sure that YOUR MESSAGING APPLICATION, AS WELL AS THE SERVER AND SOFTWARE RELATED TO YOUR E-MAIL ACCOUNT, WILL NOT BLOCK MESSAGES from the domain indiscripts.com.
3.3.1. Multi-Seat Licensing Information. — In the case you purchase a “Multi-Seat License”, the fields First Name, Last Name and Email Address are still required in order to identify a primary contact person. The primary contact person takes responsibility for purchasing the product and forwarding related information to the respective users.
3.4. Billing Information. — To be processed, your order also requires a valid and complete bill-to address [on Country identification, see 3.4.1.]
Company name is optional unless you provide a valid Value Added Tax ID number (VATIN).
3.4.1. Identification of the Destination Country. — When the Online Order Service is used [3.5.]
the country from which the order originates is automatically determined based on your IP address. This field MUST MATCH THE ACTUAL LOCATION WHERE YOU WILL USE THE PRODUCT LICENSE [1.2.]
In the event where the GeoIP localisation leads to a wrong country, or if you need to change the location so that it reflects the actual destination of the service, please contact us at legal [at] indiscripts {dot} com.
3.4.2. VATIN Validation. — When the Online Order Service is used [3.5.]
the optional VAT ID Number (VATIN) field—which identifies your company or business in your country—is verified based on internal checksums and/or online services. If the code you enter cannot be verified despite its correctness, please contact us at legal [at] indiscripts {dot} com.
3.5. Online Order Service. — As a general rule, you will purchase a digital product from your Internet browser through the product order form provided on Indiscripts.com. This online service allows the purchaser to: (a) Check the digital product description, availability, and price; (b) Fill in Licensing Information [3.3.]
and Billing Information [3.4.]
; (c) Process the online payment [5.1.]
; (d) Receive an on screen message and email setting out the details of the order, and/or the payment status [5.3]
, and/or a product Private Download Link [2.5.]
The purpose of this Online Order Service is to speed up the order and payment process by automating number of validation steps, and to instantly deliver the purchased product package. However, YOU ACKNOWLEDGE THAT UNDER SOME CIRCUMSTANCES, SUCH AS THIRD PARTY SERVICE UNAVAILABILITY, UNCERTAINTY ABOUT THE COUNTRY FROM WHICH THE ORDER ORIGINATES, VATIN VALIDATION ERROR(S), ONLINE PAYMENT VERIFICATION FAILURE, OR ANY OTHER EVENT BEYOND OUR CONTROL, THE ONLINE ORDER PROCESS MAY ADDITIONALLY REQUIRE HUMAN REVIEW BEFORE COMPLETING THE TRANSACTION AND AVAILING THE PRODUCT PACKAGE. In that case you will receive an on screen message setting out your order status and/or error details. If you did not cancel your order, we will conduct required verification and attempt to advise you by email within two business days.
3.6. Offline Order. — We do not process telephone, or fax orders. If you wish to place a traditional order from France or European Union, then you have the ability to pay by check or by bank transfer. Please see 5.4.
below for a further details.
3.7. Confirmation Message. — Once your order is processed and the payment completed [5.1.]
, we will email you an automated confirmation message using your Licensing Email Address [3.3.]
The confirmation message contains: (a) The details of your order; (b) The instructions for downloading the purchased product package [2.5.]
; (c) Your invoice as attached PDF. If you cannot receive our confirmation message, or your download link does not work properly, or your invoice contains any mistake, please contact us at support [at] indiscripts {dot} com.
4. PRICING
4.1. Disclaimer. — We reserve the right to change prices for products offered at Indiscripts.com at any time, and do not provide price refunds in the event of a price drop or promotional offering. Changes will not affect orders in respect of which we have already taken payment.
4.2. Currency. — All our digital product prices are specified in Euros (EUR), and all orders placed with us require payment in Euros (EUR). However, the secure payment gateway (PayPal, Stripe, etc.) can usually offer you the conversion of your currency to EUR by applying the current exchange rate. Depending on the payment method chosen, refer to the specific conditions indicated during the transaction. (For more information about PayPal currency conversion features and fee, please refer your PayPal User Agreement.)
4.3. Pricing. — The base price of any digital product will be as quoted in the product description at the then current time. As of January 1, 2022, this price is exempt from VAT (Valued Added Tax) in all countries, including France.
4.3.1. Multi-Seat License Pricing. — We offer discounts on multi-seat licenses from the 4th seat. The resulting prices and discount rates are displayed in the License field of the Order page. For quantites of more than 125 seats, please contact us at legal{at}indiscripts[dot].com.
4.3.2. Price and VAT (BEFORE JANUARY 1, 2022.) — Before January 1, 2022, the base price was given ”excluding VAT” (Value Added Tax).
(a) International customers billed OUTSIDE THE EUROPEAN UNION were not charged with VAT.
(b) For French and EU customers (individuals), the normal VAT rate in use IN THE DESTINATION COUNTRY was applying, the VAT amount being then added to the price.
(c) If you were placing your order for a business based in the European Union (outside France) and PROVIDING THE VAT ID NUMBER of your company [3.4.2.]
, then we were not charging VAT, with respect to the “Reverse Charge” scheme.
4.3.3. Discount Codes. — During a promotional operation, or when you want to upgrade a product for which you already have a license, the order form may display an additional field inviting you to enter a discount code. (Refer then to the instructions given on the page.) If your discount code is recognized when you validate the form, the price to pay will be reduced accordingly as soon as you access the payment gateway. If the code is not recognized or if the discount does not seem to apply as advertised, please contact us at legal [at] indiscripts {dot} com.
5. PAYMENT PROCESSING
5.1. Online Payment. — When you purchase a digital product from Indiscripts.com, the operations related to your payment are all performed by a secure payment gateway: either Stripe (stripe.com) or PayPal (paypal.com), depending on the option you choose. Both provide a highly secure payment service. When you're ready to pay, click on the “Secure Payment” button at the bottom of the order form [3.5.]
You will then be connected with a SSL-encrypted payment page where you can safely review, cancel, or complete the transaction. The entire payment process will usually take less than 1 minute. As soon as your payment is processed you will be taken to the final confirmation page on our server.
5.2. Payment Methods. — With rare exceptions, both Stripe and PayPal allow you to pay by credit card (MasterCard, Visa, American Express, etc.) Depending on your geographic location, Stripe may also offer other payment methods — making it a service that is now considered more flexible. So, starting September 2, 2024, Stripe is offered as our default gateway. However, you can still pay via a PayPal account by checking this option at the bottom of the order form.
5.2.1. PayPal Option. — If you purchase with PayPal, please login into your PayPal account to pay quickly and safely. Note that your PayPal login email address may not be the one already provided as your Licensing Email Address [3.3.]
To purchase with your Credit Card, please complete your information to pay by credit card when entering on the PayPal home page. The banking information related to you (card numbers, expiring dates, etc.) are securily encoded and then treated by PayPal.
5.3. Online Payment Status. — Payment and/or card holder details is subject to validation checks by us, the payment gateway, and/or the card issuer. Your order will be stated effective only when the authorised payment services notify us that your payment is fully confirmed. If we are notified of a refusal or any other unlikely event beyond our control related to the transaction, the order may be automatically cancelled and we will not be liable for any delay or non-delivery. After the payment, you will be redirected back to Indiscripts.com and notified about the order/payment status. Should there be a problem with your order, please contact us at support [at] indiscripts {dot} com.
5.4. Offline Payment Options. — For mail-in orders we accept business or personal checks (France only), and bank transfer (European Union only). Review and processing normally requires 2 business days from confirmation of the payment. (Weekends and holidays are not included in this estimate.) All checks must be drawn in Euros (EUR). Please include a completed order form, and send your documents at this adress:
MARC AUTRET
Studio Editorial
1, rue Albert Perdreaux
F-92370 Chaville
FRANCE
To purchase with normal Bank Transfer, please contact us at legal [at] indiscripts {dot} com.
6. COMMUNICATION AND NOTICES
6.1. Written Communication. — Applicable laws require that some of the information or communications we send to you should be in writing. When placing an order for a digital product, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Indiscripts.com. FOR CONTRACTUAL PURPOSES, YOU ACKNOWLEDGE THAT ANY CONTRACT, NOTICE, INFORMATION AND OTHER COMMUNICATION THAT WE PROVIDE TO YOU ELECTRONICALLY COMPLY WITH ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. Email notification to MARC AUTRET / INDISCRIPTS.COM must be sent to legal [at] indiscripts {dot} com. Any notice to you will be sent to your Licensing Email Address [3.3.]
In the case of regular mail notice, valid notice shall be sent to:
MARC AUTRET
Studio Editorial
1, rue Albert Perdreaux
F-92370 Chaville
FRANCE
6.2. Invoice. — All our customers are billed in Euros (EUR). Since your purchase receipt and invoice are only delivered in digital format [3.7.]
, the responsibility is yours to print and archive a copy of the PDF invoice or any related document you receive after your order has been processed.
6.2.1. About Invoice Compliance. — ONLY THE INVOICE DELIVERED BY MARC AUTRET / INDISCRIPTS.COM HAS A LEGAL STATUS. It contains all the mandatory information listed in Article 226 of Directive 2006/112/EC: sequential identifier, date of issue, full name and address of both supplier and customer, full description of the product, price and all VAT-related information (VAT ID number, VAT rate and amount, and if relevant the reference to the appropriate legislation that deems the supply exempt or subject to the reverse charge procedure). Other documents delivered by third parties—e.g. during payment processing—have no legal status in that scope and must be considered as just technical notifications.
7. WARRANTY, REFUNDS POLICIES, RESPONSIBILITY
7.1. Disclaimer. — ALL PURCHASED DIGITAL PRODUCT IS DELIVERED “AS IS” WITHOUT EXPRESSED OR IMPLIED WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE PROVIDE NO GUARANTEE OF ANY KIND FOR SOFTWARE PRODUCTS. ALWAYS DOWNLOAD THE RESPECTIVE TRY OR PREVIEW VERSION BEFORE PURCHASING TO VERIFY THAT THE PRODUCT WORKS AS EXPECTED AND PROVIDES THE FEATURES AND CAPABILITIES YOU NEED. DOWNLOADING A DIGITAL PRODUCT VIA THE SUPPLIED LINK FINALIZES THE PURCHASE. HENCE, WE WILL NOT BE ABLE TO REFUND YOUR PAYMENT AFTER YOU HAVE DOWNLOADED THE PRODUCT [see 7.3.]
7.2. Faulty Digital Product. — WE SHALL NOT BE OBLIGED TO REPLACE ANY DIGITAL PRODUCT IN THE EVENT OF ANY LOSS, DESTRUCTION, OR DAMAGE NOT CAUSED BY OUR NEGLIGENCE. In the unlikely event of faults with the purchased digital product or if you have received an incorrect, or corrupted, package file, please contact us at support [at] indiscripts {dot} com. We will replace any such faulty digital product if possible. If you fail to notify us within a reasonable time we will have no liability to you.
7.3. Nonrefundability. — Since each digital product featured on Indiscripts.com is available for free evaluation prior to purchasing and due to the nonreturnable nature of a digital product license, we do not issue refunds. Each purchase of a digital product shall be deemed a final, non-exchangeable, non-refundable sale.
7.4. Limitations of responsibility. — YOU AGREE THAT USE OF INDISCRIPTS.COM TO ACCESS AND/OR PURCHASE DIGITAL PRODUCTS IS AT YOUR SOLE RISK. MARC AUTRET / INDISCRIPTS.COM SHALL NOT BE HELD RESPONSIBLE FOR THE DAMAGES OF ANY KIND, EITHER MATERIAL OR IMMATERIAL OR CORPOREAL THAT COULD RESULT FROM MISUSE OR DYSFUNCTION OF ITS PRODUCTS OR ONLINE SERVICES.
8. APPLICABLE LAW AND JURISDICTION
8.1. — THIS CONTRACT AGREEMENT WILL BE SUBJECT TO AND INTERPRETED IN ACCORDANCE WITH FRENCH LAW. ANY DISPUTE WHICH MAY ARISE IN CONNECTION WITH THE HEREBY CONDITIONS AND TERMS WILL, IN THE ABSENCE OF AMICABLE SETTLEMENT, TAKE PLACE BEFORE THE JURISDICTION OF THE COURT OF NANTERRE (92).
8.2. EU VAT LAW. — On European Union VAT rules, Directive 2006/112/EC (as amended by Directive 2008/8/EC) takes effect on 1 January 2015. However, VAT will not apply to our products from January 1, 2022.
9. PRIVACY
9.1. — It is essential to fill in the personal information collected for digital sale so that we can process orders, payment verification and invoices. By placing an order for a digital product you agree that we may store, process and use your personal data for the purposes of processing/fulfilling your order. For further information about how we may store, process and use your personal data, please refer to our Privacy Policy.