General terms of Sale
The present general terms have the aim of defining the rights and obligations of the parts within the framework of the online sales of goods and proposed services by the www.creativelune.com site to the consumer. This Web site is governed by the French law. The rules concerning conflict of laws are expressly excluded for the benefit of the complete application without reserve of the French law. The foreign residents formally accept the application of the French law by visiting this Web site and by using whole or part of the features of the Web site.
1. Coming into effect – duration
The present general terms come into effect when the purchase is carried out. The present general terms are concluded for the duration necessary to the supply of the goods and subscribed services, until the extinction of the warranties defined by the present general terms.
2. Electronic signature
The “double click” of the consumer, imposed by the French law, constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
3. Confirmation of order
The systems of automatic recording are regarded as being worth proof of the nature, the content and the date of the order. CREATIVE LUNE confirms the acceptance of its order to the customer at the e-mail address that this one will have communicated. CREATIVE LUNE keeps the right to cancel any order of a customer with whom would exist a litigation related to the payment of a former order. The information stated by the purchaser, at the time of the order taking, engages this one: in the event of error in the wording of the contact of the recipient, the salesman could not be held responsible for the impossibility to deliver the product.
4. Proof of the transaction
The computerized registers, kept in the CREATIVE LUNE computer systems under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts. The filing of the reports of transaction and the invoices is carried out on a reliable and durable support being able to be produced as proof.
5. Information on the products
CREATIVE LUNE presents the downloadable products with the characteristics necessary so that the potential buyer can know before the final order taking the essential characteristics of the products which he or she wishes to buy.
The prices are indicated in euros and are valid only at the date of order by the customer. All the displayed prices on the site are including all taxes.
7. Method of payment
To regulate his or her order, the customer disposes, with his or her choice, of the all the methods of payment shown on the purchase order. The consumer guarantees to CREATIVE LUNE that he or she has the authorizations necessary to use the method of payment chosen by him or her. The price invoiced to the customer is the price indicated during the ordering. The price of the products is payable cash the day of the effective order. The price is due in both the cases that you do or do not, indeed, exploit the files, that you do or do not, indeed, download the files. The payment is carried out by credit card or Paypal account in a secure environment. Your payment is carried out directly in an environment made safe without passing by the CREATIVE LUNE servers, guaranteeing to you that CREATIVE LUNE has no access to your banking contact and datas that they’re only known to our banking partners. The order validated by the customer will be considered effective only when the concerned centers of banking payment give their consent. In the event of refusal from the concerned centers, the order will be automatically cancelled. In addition, CREATIVE LUNE reserves the right to refuse any ordering from a customer with whom would exist a litigation. All our sales must be settled cash.
8. Right of retractation
In accordance with the L121-21-8 article of the Code of Consumption, the right of retractation cannot be exerted for the supply agreements of digital contents not provided on a physical support which execution started after express prior consent of the consumer and express renouncement of his right of retractation. By accepting the present General terms of Sale, the user or purchaser accepts the execution of this contract and gives up expressly his right of retractation.
9. Major force
None of the two parts will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by a fortuitous occurence or a major force. Will be regarded as fortuitous occurence or major force every facts or irresistible circumstances, external to the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite every reasonable possible efforts. The part touched by such circumstances will warn the other within ten working days following the date on which it will have been informed of it. The two parts will approach then, within a period of one month, except impossibility due to the emergency, to examine the incidence of the event and agree on the conditions under which the execution of the contract will be continued. If the emergency has a duration higher than three months, the present general terms could be cancelled by the injured part. In a fast way, are regarded as emergency or fortuitous occurences, in addition to those usually retained by the jurisprudence of the courses and the French courts: earthquakes, fires, storms, floods, lightning; the shutting down of the telecommunication networks or difficulties specific to the external telecommunication networks with the customers.
10. Data processing and freedoms
Informations requested from the customer are necessary for the treatment of its order. From the information communicated during the recording are established the contracts related to the present general terms and the user licence of the files downloaded from the site. The communication of an identity and valid contact engages the responsibility of the customer for the application of these contracts. They will not be communicated to a third party. We take the necessary safety measures, to protect the data in our possession against fortuitous or deliberated handling, losses, destruction against the access of unauthorized people. However, we cannot guarantee a perfect security at the time of data exchanges on Internet: any action undertaken by you is at your own risks.
11. Right of retractation of your personal data
You constantly have a right of correction or suppression of the personal data recorded and stored inside our company, under the conditions envisaged by the law of January 6th, 1978. These data are modifiable by simple request using our contact form.
12. Property and intellectual property
Except contrary mention, the general structure, as well as the texts, images animated or fixed, sounds, know-how, drawings, graphics and any other element composing the CREATIVE LUNE Web site as well as the contents put online are the exclusive CREATIVE LUNE property. Any representation total or partial of this site by some process that it is, without CREATIVE LUNE authorization, is prohibited and would constitute a counterfeit sanctioned by the L.335-2 articles and those following from the Code of the intellectual property. It is the same with the databases integrated into the Web site, which are protected by the provisions of the law of July 1st, 1998 relating to legal protection of the databases which CREATIVE LUNE is the producer.
13. Limited warranty
The products offered by CREATIVE LUNE are provided “as is”. The necessary checks were made to deliver the products free from errors and material defects under normal conditions. Certain errors or certain defects can nevertheless appear, in particular during the download. The only responsibility for CREATIVE LUNE and your only recourse in the event of rupture of warranty are limited, for one 90 days period following the date of purchase: (A) with the replacement of the defective files or (B) with the refunding of the price paid for the purchase of these files. In the event of difficulties in the application of this contract, the purchaser has the possibility, before any legal action, to seek a friendly solution in priority with the company.
14. Exclusion of warranty
The CREATIVE LUNE products are provided as is. CREATIVE LUNE representatives decline all other warranties express or implicit, definite above, including in particular the implicit warranties of marketable quality, adequacy to a particular object and not-violation of the intellectual property laws. Without limiting what precedes, CREATIVE LUNE representatives do not guarantee: (A) the download files will be free from error, (B) your use of the download files will be uninterrupted or free from error, (C) the products will meet your expectations, nor that (D) the download files will function with the hardware or software configuration of your choice.
15. Limits of responsibility
The responsibility for CREATIVE LUNE representatives to you or any third party will not, in any case, exceed the price you paid for the purchase of the product.
16. Exclusion of recourse
Without limiting the exclusions and limitations mentioned above, the responsibility for CREATIVE LUNE representatives will be in no case committed regarding you or any other person in the event of damage, as well material as immaterial or body, indirect, special, secondary, punitive or consecutive of some nature as it is, resulting from your use or your incapacity to use the CREATIVE LUNE products (including in particular the losses of profits, turnover, use of the software or any equipment or associated software, data or customers) and this, even if these parts were advised of the possibility of such damage. CREATIVE LUNE will make its best efforts to keep the Web site accessible 24 hours a day and 7 days a week, but could not in no case engage its responsibility in the event of interruption of service related to problems for network or maintenance. CREATIVE LUNE makes all necessary efforts to offer to the users and the simple visitors available and verified information and/or tools , but could not be held responsible for the errors, an absence of availability of information and/or presence of malicious programs on its Web site.
17. Partial non validation
If one or more stipulations of these general terms are held for nonvalid or are declared such pursuant to a law, of a regulation or following a definite decision of a court of justice, the other stipulations will keep all their strength and range.
CREATIVE LUNE reserves the right to modify and update, without notice, the present conditions. All these modifications are imposed to the Net surfers who must consult the present General terms regularly.
19. Licenses “Personal” “Standard” “Extended”
By validating his or her purchase of a licence for the use of a product provided by Creative Lune, the customer commit himself or herself by contract with the persons in charge of creativelune.com site to respect the obligations defined by this one and not to exceed the rights given by this one implicitly confirming to have taken note of these said rights and obligations.
20. Applicable duty
This contract is subjected to the French law.
CREATIVE LUNE invites the users like the simple visitors of the Web site to inform us of possible omissions, errors, or corrections, by using the contact form.