Terms and conditions of sale of the company Eptimum

1. Offer to sell the products offered

The products offered are those listed on the websites belonging to the Eptimum network. A product is considered to be on sale when it has its own presentation page. These products are offered while stocks last. Each product is accompanied by a description. The photographs are as accurate as possible but cannot guarantee a perfect likeness to the product offered. Eptimum reserves the right to refuse or cancel the sale of any product for legitimate reasons. The customer will then be informed by email after their order has been registered by our services. The following cases constitute legitimate reasons: unavailability of the product at the time of preparation of the order; an accidental error on the product description sheet; an abnormal request by the customer in the product order; the existence of a dispute with the customer regarding the payment of a previous order or in the context of the return procedure (for an exchange or refund request); bad faith on the part of the customer; and any other situation, act or attempt of a fraudulent nature and/or directly or indirectly targeting the interests of the company Eptimum.

The products included in the package offers are inseparable and cannot be sold separately. Each package is designed as a single offer and cannot be split up for the sale of its individual components.

2. Product prices

For downloadable products, the prices displayed are net and include all taxes or exclude tax, depending on the information provided and the user's browsing choices. For physical products, the prices displayed are net, inclusive of all taxes or exclusive of tax, depending on the information provided and the user's browsing choices, excluding shipping costs, which are payable by the customer. Eptimum reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of placing the order for a period of 3 months. Outside the European Union or in the French overseas departments and territories, and in accordance with the legislation in force in the delivery area, customs duties, taxes and other charges may be claimed by the latter from the Customer. Eptimum applies French and European laws on Value Added Tax specific to dematerialised products.

3. Order

Our product offers are valid as long as they are visible on the website. The consumer's click of confirmation on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature. All communications relating to orders placed will be stored in the computer systems and will therefore be considered as proof of communication, orders and payments made between the parties. Archived order forms and invoices may be produced as evidence in accordance with Article 1148 of the Civil Code.

To place an order, the customer must:

• 1. Fill in the identification form (contact details, email address, etc.). An online form allows them to fill in the minimum information required to validate their order.
• 2. Fill in the online order form, specifying the quantity, brand, type and references of the products chosen, as well as the agreed price and payment terms.
• 3. Confirm the order after checking it.
• 4. Confirm acceptance of the Conditions of Use & Sale by ticking a box; an order number will be assigned to the transaction immediately.
• 5.Make the payment in accordance with the terms and conditions. The invoice includes details of the price of each product excluding VAT, with, where applicable, the amount of VAT calculated on the total excluding VAT and included in the total including VAT.
• 6.Once payment has been validated, the order is registered. Any order registered implies acceptance of the price and description of the product in the catalogue. The Customer will immediately receive an email informing them that their order has been registered. Registration does not constitute acceptance. It means that the order is being reviewed by Customer Service with regard to the content of the order and the customer's history, in accordance with Article 1.2. In the event that the order cannot be fulfilled for legitimate reasons, Customer Service will inform the customer by email.

4. Specific cases for certain subscriptions

Certain products sold as subscriptions may be subject to special conditions. This is the case for the Sage 50 range and for the "online" products from the publisher EBP, as specified in the descriptions of these various products offered on our website:

Subscription to an EBP or Ciel / Sage subscription

If the Customer subscribes to EBP or Ciel/Sage software, the right to use the software is granted to the Customer for the period specified in the order and in the shopping basket and then on the invoice. At the end of the period specified at the time of purchase, the right of use granted to the Customer for the software will be automatically renewed by tacit agreement for successive periods of twelve (12) months unless terminated under the conditions set out in the article below entitled "Termination of EBP or Ciel / Sage 50 product subscription".

Termination of EBP or Ciel / Sage subscription

Any termination of an EBP or Ciel / Sage subscription must be notified to Eptimum in writing (by email, ordinary post or registered letter with acknowledgement of receipt) no later than two (2) months before the end of the current contractual period. Upon receipt of the Customer's cancellation request, Eptimum will send an acknowledgement of receipt. The burden of proof of proper receipt by Eptimum of the cancellation request lies with the Customer.

Consequences of terminating an EBP or Ciel / Sage subscription

In any event, in the event of termination of the subscription or upon its expiry, for any reason whatsoever, the Customer's data shall remain its property and it shall be its responsibility to retrieve it prior to the effective date of termination or expiry of its subscription. Any failure to do so shall not affect the effective termination or expiry date of the subscription, nor shall it entail any liability on the part of Eptimum or the product publisher.

5. Delivery methods and times

The delivery method is clearly indicated on the online sales site, in particular in the catalogue, the product description and the shopping basket. For physical products, delivery is made to the address specified by the customer when placing their order. By default, this is the main address, unless the customer specifies a specific delivery address via the interface provided. The product will only be delivered once the order has been confirmed by the customer and payment has been made in full. The delivery times communicated when the order is confirmed are provided for information purposes only.

6. Payment and Terms of Payment

6.1 Payment

The customer has several payment options:

• 1. By cheque: Payment by cheque is only possible for cheques in euros drawn on a bank domiciled in France, Monaco, Belgium or the Netherlands. The order is only validated upon receipt of the cheque.
• 2. By credit card: Payment by credit card allows you to access the products almost instantly. We accept Carte Bleue, Visa, Eurocard, Mastercard and American Express. To prevent any risk of credit card fraud, Eptimum uses a secure payment system that complies with SSL standards, currently the most secure and widely used encryption protocol. Bank details are directly encrypted (to the maximum standards authorised by the authorities, i.e. 128 bits) and routed to our trusted organisation Merc@net BNP Paribas. For security reasons, Eptimum does not store any bank information at any time during any transactions carried out on its servers.
• 3. By PayPal: Payment via the PayPal electronic wallet allows you to access products almost instantly. Your order is validated immediately.
• 4. PayPal in 4 instalments: Simply select PayPal at the time of payment. Once connected to the PayPal server, scroll down and select payment in 4 instalments. The amount of the 4 instalments and the fees are clearly displayed on the screen. As with standard PayPal payments, the transaction is secure and Eptimum does not have access to your bank details.
• 5. By bank transfer: The order is only confirmed once the transfer has been received.
• 6. By administrative mandate: This payment method is reserved for administrative bodies: schools, colleges, town halls, high schools. The order is only confirmed upon receipt of the administrative mandate.

6.2 Terms of payment

For all business customers and in accordance with Articles L.441-6 and L. 442-6 of the French Commercial Code, payment of sums due (including all taxes) on the day following the payment date will result in late payment penalties at an annual rate of 8.25%.
A fixed compensation of £40 per invoice will be charged for collection costs.
No cash discount will be granted to the customer for early or cash payment.

7. Receipt of Products / Right of withdrawal / Return policy

7.1- The Customer must check that the goods delivered are in good condition before signing the delivery note. In the event of an anomaly, the Customer shall indicate their reservations in writing, accompanied by their signature, directly on the delivery document (anomaly, damaged product, etc.). The Customer must also confirm their reservations to the carrier no later than three working days after receipt of the item(s) and send a copy of this letter to Eptimum - Customer Service – 49, rue de la Vanne 92120 Montrouge within three days of dispatch.

7. 2- For physical products, the customer has a withdrawal period of 14 clear days from the delivery of the goods to return the product(s) and request a refund without penalty, except for the return costs. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. The costs and risks of return are always borne by the Customer.

7.3- Orders for dematerialised products cannot be cancelled in accordance with Article L 121-20-2 of the French Consumer Code relating to the right of withdrawal.

7. 4- In the event of cancellation of the order by the customer, and with the prior agreement of the customer service department of Eptimum, the customer must send Eptimum by post a form that can be downloaded online, stating their surname, first name and invoice number, to the following address:

Eptimum – Customer Service
49, rue de la Vanne
92120 Montrouge
France

7.5- Products may only be returned in the event of a product error if they are complete and in their original condition (packaging, accessories, instructions, etc.). No returns will be accepted after a period of 14 days from the date of the express prior agreement of Eptimum.

7.6- The Customer will be refunded within 30 days of receipt of the product by Eptimum, except in cases of force majeure or unforeseeable circumstances.

8. Complaints and After-Sales Service

For any complaints or requests for information concerning a delivery by download or by post, please contact us using the form available at Eptimum.com or by post to:

Eptimum – Customer Service
49, rue de la Vanne
92120 Montrouge
France

Existing customers can contact us on: 01 777 00 541.

9. Retention of title

The products remain the property of Eptimum until full payment of the price, plus interest where applicable. This provision does not prevent the transfer to the customer of the risks of loss or deterioration from the moment the products leave the premises of Eptimum or the logistics provider.

10. Liability

Eptimum cannot be held liable for the non-performance of the contract concluded, on the one hand in the event of force majeure, in particular disruption or total or partial strike, in particular of postal services and means of transport or communications, and on the other hand in the event of fault on the part of the customer. Eptimum cannot be held liable for the consequences resulting from the misuse of the products sold on the Website.

11. Data protection – Protection of personal data

The information collected is subject to computer processing for the purpose of recording your orders, creating commercial offers and monitoring our relations. The recipient of the data is the company Eptimum which may be required to pass it on to its commercial partners. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, you have the right to access and rectify any information concerning you. If you wish to exercise this right and obtain information concerning you, please use our contact page or the following contact details:

Eptimum – Data rectification
49, rue de la Vanne
92120 Montrouge
France

We inform you that this automated processing of information, in particular the management of users' email addresses, has been declared to the CNIL under number 1237575. For information purposes, the website Eptimum.com uses cookies. These are files that record certain information and are stored on the user's hard drive. These cookies do not contain any personal or confidential information. They allow us to keep the products in your basket for the next time you visit the site.

12. Intellectual property

The operating licences for the software distributed by the Eptimum network are granted to customers on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. In any event, the customer undertakes to respect the property rights that the author of the software retains over their work.

13. Applicable law and jurisdiction

These Conditions of Use & Sale are subject to French law, with the exception of conflict of law rules. Any dispute relating to the performance or interpretation of these terms and conditions, even in the event of a warranty claim or multiple defendants, shall, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the courts of Nanterre, France.

14. Final provisions

14.1- Where a period is expressed in days in these terms and conditions, the day on which the act, event, decision or notification giving rise to the period begins shall not be included. All time limits shall expire at midnight on the last day. Any time limit expiring on a Saturday, Sunday or public holiday shall be extended to the next working day.

14.2- Any reference on the Website or on any other medium, issued in connection with the use of the Website, to a time of day, days of the week, months of the year, or public holidays or non-working days shall, unless expressly stated otherwise, be deemed to refer to the legal time in Paris, the days, months and years of the Gregorian calendar, and the public holidays and non-working days in force in metropolitan France.

15. Your purchase entitles you to participate in the "site rated - premium site" campaign organised by eKomi.

Through two satisfaction questionnaires designed to measure the quality of service you received throughout your purchase, you can share your personal experience with us and with the community of internet users on the eKomi website.
These questionnaires may be sent to you by eKomi or by Eptimum, via email following your purchase.
The information collected in these two questionnaires is subject to automated data processing, for which eKomi is responsible.
Partial responses or failure to respond to one or both satisfaction questionnaires will not affect the processing of your order.
eKomi and Eptimum are the recipients of the personal data collected in these satisfaction questionnaires. Non-personal data will be used by eKomi in accordance with the regulations in force, in particular those relating to the protection of personal data.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose all of your personal data at any time by writing, by post and with proof of your identity, to:

eKomi, Ltd.
Markgrafenstraße 11
10969 Berlin, Germany

16. Mediation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Eptimum adheres to the FEVAD (Fédération du e-commerce et de la vente à distance) e-commerce mediator service, whose contact details are as follows: BP 20015 - 75362 PARIS CEDEX 8 – http://www.mediateurfevad.fr. After consumers have taken initial steps in writing with Eptimum, the Mediator Service may be contacted for any consumer disputes that have not been resolved. To find out how to refer a matter to the Mediator, click here.

Terms and Conditions of Sale Eptimum of 29 October 2024