GENERAL CONDITIONS OF SALE
Clause n ° 1: Purpose
The general conditions of sale described below detail the rights and obligations of the company Excel Concept and of its client in the context of the sale of the following goods:
- Excel file available for sale on the website.
- Creation of custom Excel files and applications.
Any service performed by the Excel Concept company therefore implies the buyer's unreserved acceptance of these general conditions of sale, including for direct online sales.
Clause n° 2 : Application with barcode
By accepting the general conditions of sale and as indicated in the relevant information inserts, the customer acknowledges that the EAN13 type bar codes automatically generated by the applications offering this function are not EAN13 bar codes officially recognized by the GS1 body. . As such, these codes cannot be used on market places, nor in mass distribution. The Excel Concept company declines all responsibility for the use that will be made of the EAN13 bar codes generated by its applications. However, all barcode related functions and macro-programming will work just as well with GS1 validated barcodes as with any other barcode.
Clause n° 3 : Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated exclusive of tax. The Excel Concept company being micro-company status, it is therefore not subject to VAT. The Excel Concept company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered. As part of the creation of a custom application or file, the Excel Concept company undertakes to provide a free quote (except in cases corresponding to clause 20 of the general conditions of sale) according to the services requested. The quote is an estimate and subject to modifications requested by the customer.
Clause n° 4 : Discounts and rebates
The proposed prices include the discounts and rebates that the Excel Concept company would be required to grant in view of its results or the assumption by the purchaser of certain services.
Clause n° 5 : Discount
No discount will be granted in the event of early payment.
Clause n° 6 : Payment terms
Orders are paid for:
• or by check
• or by credit card
• or by transfer
• either by paypal payment
When registering the order and purchasing a file on the website, the buyer will have to pay the total amount of the file in order to access the file download page. When validating a quote for creating a custom application and file, a 50% deposit will be systematically requested upon validation of the quote, the rest of the payment will be made before the program is made available.
Clause n° 7 : Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company Excel Concept a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
This penalty is calculated on the amount excluding tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum indemnity of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n° 8 : Cancellation clause
If within the fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of the company Excel Concept.
Clause n° 9 : Title retention clause
The company Excel Concept within the framework of the integral tailor-made development retains the property of the goods sold until the full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or compulsory liquidation, the company Excel Concept reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid. Regarding the programs sold directly on the website, these once sold remain the intellectual property of the company Excel-Concept except in the case where the customer would pay the amount of full access to the programming code: see clause n ° 18. The user and purchaser of the program must therefore under no circumstances use the programs purchased on the Excel-concept site for commercial purposes and risk legal proceedings in this case.
Clause n° 10 : Delivery
Delivery is made:
• by the direct delivery of the goods to the buyer once payment has been made and only within the framework of a purchase via the website.
The delivery time indicated when registering the order is only indicative and is in no way guaranteed for custom applications or files. The same applies to the deadlines indicated on the documents such as quotes or specifications, the latter depending on availability and constraints encountered during the development of the program. Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
• the award of damages;
• the cancellation of the order.
Clause n° 11 : Force majeure
The responsibility of the company Excel Concept cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. . As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause N° 12 : Complaints
Without customer complaints within 24 hours by email to the following address: unmecenbaskets@gmail.com or via the contact tab on the website, the customer acknowledges that the purchased file is functional and does not suffer from any defect.
The Excel Concept company can in no way be held responsible for a malfunction of the file if it has undergone modifications by the customer. In the event of a malfunction and only in this case, the company Excel Concept undertakes on request to resend the purchased file in its initial format.
Clause n° 13 : Court of competent jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Niort.
Clause n° 14 : Communication
Taking into account the acceptance of these general conditions of sale by the customer, as soon as he buys an Excel Concept labeled product (purchase or custom design), the latter accepts at the same time the presence of a mention visual or textual linked to the Excel-Concept company indicating the origin of the program design. Any breach of this rule may be the subject of legal proceedings against the company or the natural person not respecting this clause.
Clause n° 15 : Length of warranty
Excel Concept programs are guaranteed for three months from the date of availability, as these are programs run using Excel software, their proper functioning depends on the use that will be made of them. During this three-month period, Excel Concept undertakes to repair any malfunction free of charge as long as it does not involve improper handling or misuse of the program. After this period, the corrections will be invoiced at the rate for custom-made services in force.
Clause n° 16 : Refund
As with any purchase on the internet, Excel Concept customers benefit from the legal withdrawal period indicated by law except in the case of custom design and service. The customer must therefore make the explicit request by citing his right of withdrawal by email to the address unmecenbaskets@gmail.com. After this period, no reimbursement can be required from the company Excel Concept. In the event that the withdrawal period is not reached and in the event of a problem encountered with one of the programs, Un Mec En Baskets reserves the right to require proof of the malfunction either by sending a visual of the problem by e-mail or via a remote intervention with the Teamviewer software. In the event that the download was made in non-compliance with the recommendations and versions of use indicated on the program page, the company Excel Concept will refuse any request for reimbursement.
Clause n°17 : Data loss
The Excel Concept company can in no way be held responsible for the loss of data (loss or deletion of an Excel Concept program, or data present in an Excel Concept program - the backup of programs and data being the responsibility of the customer and not of the Excel-concept company) following a hardware or software problem or replacement of hardware suffered or carried out by the customer. The company nevertheless undertakes within the warranty period of three months following the purchase (and not beyond) to supply the program purchased by the customer free of charge. After this period, the purchase of the program corresponding to a one-off purchase and not to a license or a subscription, the customer if he wishes to be in possession of the program again will have to re-purchase it at his own expense. .
Clause n°18 : Programming code and code access
For most of the programs sold on the website, the programming code is password protected. The Excel Concept company reserves the right to provide or not the password for access to the code. This access to the code for all protected programs is provided for a remuneration equivalent to four times the amount of the sale price indicated on the site. This sum once paid therefore gives access to the entire programming code, but access to the code terminates the warranty period and any possibility of benefiting from free after-sales service within the framework of the three-year warranty period. month.
Clause N°19 : Single-user use
Most of the programs offered by Excel Concept (excluding reverse precision present on the site or specific development for which the request was made) are in single-user use. A security code is triggered the first time the program is used and corresponds specifically to the first computer that launched the program. Two scenarios:
- The program does not need to be used in multiple stations due to its functioning and its use. To get the program on a new computer, the customer will need to purchase the program a second time.
- The program can justify the need for multi-user use, this will require adding the new user to the program and therefore will involve an additional service based on the hourly rate in force.
Clause N°20 : Preparation and invoicing of quotes
Excel Concept is committed to providing a free quote for any complete custom design. However, in the event that the desired service corresponds to an optimization of an existing program, in this case, this sometimes requiring a significant time of analysis of the existing file and program, Excel Concept would be forced to invoice the development of the quote at current rates.
Clause N°21 : Availability within 24 to 48 hours
The Excel Concept company is the sole judge of the time necessary for the development of a project. Availability within 24 to 48 hours remains subject to availability within the company, these availability and completion times will of course be specified to customers when the quote is made available. This deadline does not include Saturdays and Sundays unless otherwise specified by the company Excel Concept. The availability of the program remains subject to receipt of payment (payment method accepted: Credit Card via Paypal, Paypal, transfer and direct transfer depending on bank and country availability) or proof of the latter. If all the conditions are met (very short-term projects (maximum 3 three hours), availability and receipt of payment on time) the Excel Concept Company undertakes to provide the client with its project within the indicated timeframe of 24 to 48h.
The general conditions of sale described below detail the rights and obligations of the company Excel Concept and of its client in the context of the sale of the following goods:
- Excel file available for sale on the website.
- Creation of custom Excel files and applications.
Any service performed by the Excel Concept company therefore implies the buyer's unreserved acceptance of these general conditions of sale, including for direct online sales.
Clause n° 2 : Application with barcode
By accepting the general conditions of sale and as indicated in the relevant information inserts, the customer acknowledges that the EAN13 type bar codes automatically generated by the applications offering this function are not EAN13 bar codes officially recognized by the GS1 body. . As such, these codes cannot be used on market places, nor in mass distribution. The Excel Concept company declines all responsibility for the use that will be made of the EAN13 bar codes generated by its applications. However, all barcode related functions and macro-programming will work just as well with GS1 validated barcodes as with any other barcode.
Clause n° 3 : Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated exclusive of tax. The Excel Concept company being micro-company status, it is therefore not subject to VAT. The Excel Concept company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered. As part of the creation of a custom application or file, the Excel Concept company undertakes to provide a free quote (except in cases corresponding to clause 20 of the general conditions of sale) according to the services requested. The quote is an estimate and subject to modifications requested by the customer.
Clause n° 4 : Discounts and rebates
The proposed prices include the discounts and rebates that the Excel Concept company would be required to grant in view of its results or the assumption by the purchaser of certain services.
Clause n° 5 : Discount
No discount will be granted in the event of early payment.
Clause n° 6 : Payment terms
Orders are paid for:
• or by check
• or by credit card
• or by transfer
• either by paypal payment
When registering the order and purchasing a file on the website, the buyer will have to pay the total amount of the file in order to access the file download page. When validating a quote for creating a custom application and file, a 50% deposit will be systematically requested upon validation of the quote, the rest of the payment will be made before the program is made available.
Clause n° 7 : Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company Excel Concept a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
This penalty is calculated on the amount excluding tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum indemnity of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n° 8 : Cancellation clause
If within the fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of the company Excel Concept.
Clause n° 9 : Title retention clause
The company Excel Concept within the framework of the integral tailor-made development retains the property of the goods sold until the full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or compulsory liquidation, the company Excel Concept reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid. Regarding the programs sold directly on the website, these once sold remain the intellectual property of the company Excel-Concept except in the case where the customer would pay the amount of full access to the programming code: see clause n ° 18. The user and purchaser of the program must therefore under no circumstances use the programs purchased on the Excel-concept site for commercial purposes and risk legal proceedings in this case.
Clause n° 10 : Delivery
Delivery is made:
• by the direct delivery of the goods to the buyer once payment has been made and only within the framework of a purchase via the website.
The delivery time indicated when registering the order is only indicative and is in no way guaranteed for custom applications or files. The same applies to the deadlines indicated on the documents such as quotes or specifications, the latter depending on availability and constraints encountered during the development of the program. Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
• the award of damages;
• the cancellation of the order.
Clause n° 11 : Force majeure
The responsibility of the company Excel Concept cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. . As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause N° 12 : Complaints
Without customer complaints within 24 hours by email to the following address: unmecenbaskets@gmail.com or via the contact tab on the website, the customer acknowledges that the purchased file is functional and does not suffer from any defect.
The Excel Concept company can in no way be held responsible for a malfunction of the file if it has undergone modifications by the customer. In the event of a malfunction and only in this case, the company Excel Concept undertakes on request to resend the purchased file in its initial format.
Clause n° 13 : Court of competent jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Niort.
Clause n° 14 : Communication
Taking into account the acceptance of these general conditions of sale by the customer, as soon as he buys an Excel Concept labeled product (purchase or custom design), the latter accepts at the same time the presence of a mention visual or textual linked to the Excel-Concept company indicating the origin of the program design. Any breach of this rule may be the subject of legal proceedings against the company or the natural person not respecting this clause.
Clause n° 15 : Length of warranty
Excel Concept programs are guaranteed for three months from the date of availability, as these are programs run using Excel software, their proper functioning depends on the use that will be made of them. During this three-month period, Excel Concept undertakes to repair any malfunction free of charge as long as it does not involve improper handling or misuse of the program. After this period, the corrections will be invoiced at the rate for custom-made services in force.
Clause n° 16 : Refund
As with any purchase on the internet, Excel Concept customers benefit from the legal withdrawal period indicated by law except in the case of custom design and service. The customer must therefore make the explicit request by citing his right of withdrawal by email to the address unmecenbaskets@gmail.com. After this period, no reimbursement can be required from the company Excel Concept. In the event that the withdrawal period is not reached and in the event of a problem encountered with one of the programs, Un Mec En Baskets reserves the right to require proof of the malfunction either by sending a visual of the problem by e-mail or via a remote intervention with the Teamviewer software. In the event that the download was made in non-compliance with the recommendations and versions of use indicated on the program page, the company Excel Concept will refuse any request for reimbursement.
Clause n°17 : Data loss
The Excel Concept company can in no way be held responsible for the loss of data (loss or deletion of an Excel Concept program, or data present in an Excel Concept program - the backup of programs and data being the responsibility of the customer and not of the Excel-concept company) following a hardware or software problem or replacement of hardware suffered or carried out by the customer. The company nevertheless undertakes within the warranty period of three months following the purchase (and not beyond) to supply the program purchased by the customer free of charge. After this period, the purchase of the program corresponding to a one-off purchase and not to a license or a subscription, the customer if he wishes to be in possession of the program again will have to re-purchase it at his own expense. .
Clause n°18 : Programming code and code access
For most of the programs sold on the website, the programming code is password protected. The Excel Concept company reserves the right to provide or not the password for access to the code. This access to the code for all protected programs is provided for a remuneration equivalent to four times the amount of the sale price indicated on the site. This sum once paid therefore gives access to the entire programming code, but access to the code terminates the warranty period and any possibility of benefiting from free after-sales service within the framework of the three-year warranty period. month.
Clause N°19 : Single-user use
Most of the programs offered by Excel Concept (excluding reverse precision present on the site or specific development for which the request was made) are in single-user use. A security code is triggered the first time the program is used and corresponds specifically to the first computer that launched the program. Two scenarios:
- The program does not need to be used in multiple stations due to its functioning and its use. To get the program on a new computer, the customer will need to purchase the program a second time.
- The program can justify the need for multi-user use, this will require adding the new user to the program and therefore will involve an additional service based on the hourly rate in force.
Clause N°20 : Preparation and invoicing of quotes
Excel Concept is committed to providing a free quote for any complete custom design. However, in the event that the desired service corresponds to an optimization of an existing program, in this case, this sometimes requiring a significant time of analysis of the existing file and program, Excel Concept would be forced to invoice the development of the quote at current rates.
Clause N°21 : Availability within 24 to 48 hours
The Excel Concept company is the sole judge of the time necessary for the development of a project. Availability within 24 to 48 hours remains subject to availability within the company, these availability and completion times will of course be specified to customers when the quote is made available. This deadline does not include Saturdays and Sundays unless otherwise specified by the company Excel Concept. The availability of the program remains subject to receipt of payment (payment method accepted: Credit Card via Paypal, Paypal, transfer and direct transfer depending on bank and country availability) or proof of the latter. If all the conditions are met (very short-term projects (maximum 3 three hours), availability and receipt of payment on time) the Excel Concept Company undertakes to provide the client with its project within the indicated timeframe of 24 to 48h.
