Term and Conditions
Important : this is a translated version of the French original version. Only the original version can serve as a reference and can be requested to us by email at email@example.com
Last updated: 05.02.2018
Article 1 – LEGAL NOTICE
This site, accessible at the URL https://www.ninja-addons.com (the “Site”), is published by:
Traders Innovation LLC, 228 Park Ave S New York NY, 10003 USA
The Operator can be reached by email at the following e-mail address firstname.lastname@example.org.
Article 2 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS
The general terms and conditions of sale (the “General Conditions of Sale (GTC)”, or the “Terms and Conditions”) are applicable exclusively to the online sale of the products offered by the Operator on the Website.
The GTCs are made available to customers on the Site where they are directly available and can also be communicated on request by any means.
The GTC are opposable to the customer who recognizes, by checking a box or by clicking on the button provided for this purpose, to have known and accepted them before placing an order. The confirmation of the order by its confirmation is worth the buyer’s acceptance of the GTC in force on the day of the order whose conservation and reproduction are provided by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an e-commerce website selling add-ons or plugin for the NinjaTrader platform (hereinafter the “Product (s)”) open to any person who have reached the age of majority using the Site (the “Customer”). “).
The Products presented on the Site are each subject to a description stating their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The instructions for use of the Product appear on the member’s area whose access is granted to you after validation of the payment of the order. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site including the Internet. This access may involve the payment of fees to technical service providers, such as Internet access providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the necessary equipment to connect to the Site.
The Customer acknowledges having verified that the computer configuration that he uses is secure and in working order.
Article 4 – END USER LICENSE AGREEMENT (EULA)
An End-User License Agreement (EULA) is attached to the software and must be fully accepted before the Products can be installed and used.
This License is available at any time in English on the Site and in the personal area. If the terms are not clear, or in case of additional question, the Customer can send an email to email@example.com.
During the installation of the software, this License is displayed in full, and must be accepted by ticking the corresponding box in order to continue the installation of the Product.
In case of refusal, installation and use of the product is prohibited.
Article 5 – CREATION OF CUSTOMER SPACE
To place an order on the Site, the Customer must fill out an order form and use one of the payment methods available at the time of purchase. Once the payment has been validated, a personal customer area is automatically created and the access codes are sent to you by email, within 48 hours after the purchase.
Once created, to access it, the Customer must identify himself using his username and password secret, personal and confidential. It is the Customer’s responsibility not to communicate his username and password in accordance with the provisions of the article PERSONAL DATA in these Terms and Conditions.
Each Customer undertakes to maintain strict confidentiality of the data, in particular username and password, allowing him to access his customer area, the Customer acknowledging being solely responsible for accessing the Service through his username and password, except proven fraud.
Each Customer undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and / or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his client area.
The Customer agrees when registering to:
– deliver real, accurate, up-to-date information when entered in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
– keep the registration data up-to-date so that it is always real, accurate and up-to-date.
The Customer further undertakes not to make available or distribute any illegal or reprehensible information (such as defamatory or identity theft information) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site to its exclusive wrongs.
Article 6 – ORDERS
The Operator strives to ensure optimum availability of its Products.
It is agreed that the Operator is not liable for any cancellation indemnity, unless the breach of contract is personally attributable to him.
Except as otherwise stated in these Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer’s orders are firm and final.
When placing an order, the Customer must select the selected Products, add them to his basket indicating the selected Products. The Customer has the opportunity to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the conditions precedent to the payment of his order. The confirmation of the order entails acceptance of the GTCS and forms the contract.
A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of his Order so that the latter can refer to it.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and / or archive on a reliable and durable support this order confirmation as proof.
A digital invoice is made available to the Customer in his personal space. The Operator also advises the Customer to print and / or archive on a reliable and durable support this invoice as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer’s order for any legitimate reason, especially in the event that:
● The Customer does not comply with the Terms and Conditions in effect when ordering;
● The order history of the Customer shows that sums remain due under previous orders;
● One of the Customer’s previous orders is the subject of litigation pending;
● The Customer did not respond to a request for confirmation of his order that the Operator sent him.
The Operator records the sales contracts for Products in accordance with the applicable legislation. By making a request to the following address firstname.lastname@example.org, the Operator will give the Customer a copy of the contract object of the request.
Any modification of order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information provided by the Customer during the placing of the order (including name and billing address) engage him. Thus, the liability of the Operator can not in any way be sought in the event that an error during the placing of the order would prevent or delay the issue.
The Customer declares to have full legal capacity to engage under these Terms and Conditions.
Registration is open to adults. In any case, registration is not authorized on behalf of third parties unless it is validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of a breach by the Customer of one of the provisions herein, the Operator reserves the right to terminate the Client’s account without notice.
Article 7 – TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires the payment of a price against the supply of the ordered Product.
In any case, the Operator reserves the right to check the validity of the rules, before the order is dispatched, by any means necessary.
The Operator uses the Stripe online payment solution.
Orders can be paid using one of the following payment methods:
● Payment by credit card. The payment is made directly on the secure banking servers of the bank of the Operator, the Customer’s bank details do not pass on the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.
The Customer’s order is recorded and validated upon acceptance of the payment by the bank.
The Customer’s account will be charged the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank having issued the credit card.
The impossibility of debiting the amounts due will result in the immediate invalidity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
● Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay his order safely without disclosing his bank details.
In this case, the order validated by the Customer will only be considered effective when the secure bank payment center has agreed to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize the order. These parts will not be used for purposes other than these.
Article 8 – PAYMENT OF THE PRICE
The prices of the Products in force on the site are indicated excluding tax (HT). VAT, if applicable, is calculated when ordering when the customer has informed the country of residence. Prices are set in Euro (EUR) and can be displayed and paid in Euro (EUR) or US Dollar (USD) by selecting the desired currency when paying.
In case of promotion, the Operator agrees to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) or US dollar ($) exclusively. The price is due in full after confirmation of the order. The proposed prices include discounts and rebates that the Operator would be required to grant.
The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 9 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time of the sending by the Customer of the confirmation of his order.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the technique of “double-click”, that is to say that after selecting Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of selected products, prices, terms), then he acknowledges accepting these Terms before clicking on the payment button, finally he validates his order after filling in his bank details.
The “double click” is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proved otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions made between the Operator and its Customers.
Article 10 – RESERVATION OF PROPERTY
The Operator remains the exclusive owner of the Products ordered on the Site. The Customer does not purchase the source code but a License Agreement to use the software.
The License has a limited duration in time, fifteen (15) days in case of “Trial” License, and ten (10) years in case of “Lifetime” License after the date of purchase of the Product.
Article 11 – DELIVERY
Delivery means the access to the personal space, and the transfer to the Customer of a License key for the use of the Product.
The method of delivery is made exclusively by downloading the product accessible from the personal space of the Customer.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of forty-eight (48) hours of working days after validation of the order and payment.
Delivery times are announced in working days on the Site when ordering. These delays include the verification of the information provided during the order, the creation of the personal space, and the sending of the access codes by email.
The Operator undertakes to deliver the Products provided that the payment of the order has not been previously refused.
However, in case of erroneous or incomplete information, the delivery time may be extended until all the information necessary for drawing up the License and access to the personal space has been received. The Operator will send an email indicating to the Customer the missing or erroneous information.
Article 12 – RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the Consumer Code, the following exception applies and prevents the exercise of the right of withdrawal, particularly if the order consists of a contract:
– supply of digital content not provided on a physical medium whose execution began after express prior consent of the consumer and express waiver of its right of withdrawal.
All our products falling into this category we do not accept any request for withdrawal, all sales are final and can not be refunded.
To avoid any disappointment, the Operator offers a demo version “Trial License” of fifteen (15) days at a reduced price, for each Product available on the Site, and this, in their full version.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 13 – CUSTOMER SERVICE
The Customer may contact the Operator by email only by contacting email@example.com indicating his name, the subject of his request and the number of the order concerned.
Article 14 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, animated or not images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and any other intellectual property and other data or information (hereinafter, the “Elements”) that are protected by French and international laws and regulations relating in particular to intellectual property.
Accordingly, none of the Site Elements may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or otherwise exploited. , free of charge or onerous, by a Customer or by a third party, whatever the means and / or media used, whether known or unknown to date, without the express prior written authorization of the Operator case by case, and the Customer is solely responsible for any unauthorized use and / or exploitation.
The Operator reserves the right to take legal action against persons who have not respected the prohibitions contained in this article.
ARTICLE 15 – LIABILITY AND WARRANTY
The Operator can not be held responsible for the non-performance of the contract by the Client or because of an event qualified by force majeure by the competent courts or the unpredictable and insurmountable of any third party to these.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmission over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error of operation. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and / or presentation.
The Operator can not be held responsible for the use that the Site and its services would be made by the Clients in violation of these General Conditions and the direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Operator can not be held responsible for misrepresentations made by a Customer and his behavior vis-à-vis third parties. In the event that the liability of the Operator is sought by reason of such behavior of one of its Clients, the latter undertakes to guarantee the Operator against any sentence pronounced against him and to repay the Operator of all costs, including legal fees, incurred in his defense.
It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal warranties nor the duration of any possible contractual guarantee.
ARTICLE 16 – PERSONAL DATA
The User is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the use of the Site. Among the personal data of the User that the Operator collects from him may appear:
– His name and surname
– His email address
– His telephone number
– His postal address
– His IP address (virtual address of his computer)
– His password
The Operator undertakes to ensure the protection of the Customer’s personal data and all personal data obtained in connection with the use of the Site’s services.
As such, each Customer is solely responsible for maintaining the confidentiality of his username and password, and is solely responsible for all access to his Client Account, whether authorized or not.
The Operator can not be held responsible for any action or harmful action taken via the personal space of the Customer by a third party who would have had access to his / her login and password due to fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately as soon as the Customer knows or suspects unauthorized use or unauthorized access to his personal space.
All personal data collected by the Operator is collected directly from the Customer and processed by the Operator to enable the implementation and management of the Site’s services. This data may also be used to develop statistics to improve the services of the Site. This data may be transmitted to the Operator’s partners and suppliers involved in the delivery, billing and management process for order processing as well as for marketing management and customer relations purposes.
The Operator complies with the laws on the protection of personal data. The Site collecting personal data, it was the subject of a prior declaration to the CNIL registered under the number N ° 1739018v0 dated 31.01.2014.
Article 17 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party sites not edited by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third party sites at his own risk or in accordance with the conditions that govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of conditions of use and / or content applicable to or appearing on these third party sites.
Consequently, the Operator can not be held responsible in any way because of these hypertext links.
In addition, the Customer acknowledges that the Operator can not guarantee, guarantee or resume all or part of the conditions of use and / or content of these third-party sites.
The Site may also contain promotional hypertext links and / or banners advertising to third sites not edited by the Operator.
The Operator invites the Customer to notify him of any hypertext link present on the Site that would allow access to a third party site offering content contrary to the laws and / or morality.
The Customer may not use and / or insert hypertext links to the site without the prior written agreement of the Operator on a case by case basis.
ARTICLE 18 – REFERENCES
The Customer authorizes the Operator to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).
ARTICLE 19 – GENERAL PROVISION INTEGRALITY OF THE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or more stipulations of the present General Conditions are declared null according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their range. In addition, the fact that one of the parties to these General Conditions does not claim a breach by the other party to any of the provisions of these General Terms and Conditions can not be interpreted as a waiver on his part to to claim in the future such a breach.
AMENDMENTS TO CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and / or to stop temporarily or permanently exploit all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Website on the Internet, as well as these Terms and Conditions. The Customer is therefore required to refer to these Terms and Conditions before using the Site.
The Customer acknowledges that the Operator can not be held responsible in any way towards him or any third party as a result of these modifications, suspensions or terminations.
The Operator advises the Customer to save and / or print these Terms and Conditions for safe and sustainable storage, and thus be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINT – MEDIATION
In the event of a dispute, you must first contact the customer service department at the following address: firstname.lastname@example.org.
In case of failure of the complaint request to the customer service or in the absence of response of this service within ten (10) working days, the Customer may submit the dispute relating to the purchase order or to these Terms and Conditions. the opponent of the Operator to the French mediator of his choice.
The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
These Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF TERMS AND CONDITIONS BY THE CLIENT
The Customer acknowledges having read these Terms and Conditions carefully.
By registering on the Site, the Customer confirms having read the General Conditions and accepting them, making them bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order of which a copy dated to date can be given at his request to the Customer, it is specified that any modification of the General Conditions that would be made by the Operator does not will not apply to any order previously made, except with the express agreement of the Client at the origin of a given order.
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