Terms and Conditions – TUSK

The present conditions of sale are concluded on the one hand by the company TUSK SOFTWARES with a share capital of 1000 euros, whose registered office is located at 6 r d’Armaillé, 75017 PARIS, registered in the PARIS Trade and Companies Register under SIREN number n°905253365 hereinafter referred to as “TUSK” and managing the website TUSK LICENSES – https://licenses. tusk-softwares.com/ and, on the other hand, by any individual or legal entity wishing to make a purchase via the TUSK LICENSES website, hereinafter referred to as “the purchaser”.

Article 1. Purpose

The present conditions of sale aim to define the contractual relations between TUSK and the buyer and the conditions applicable to any purchase made through the TUSK LICENSES website. The acquisition of a product through this site implies unreserved acceptance by the purchaser of these conditions of sale, which the purchaser acknowledges having read prior to ordering. Prior to any transaction, the buyer declares on the one hand that the purchase of products on the TUSK LICENSES website is not directly related to his/her professional activity and is limited to strictly personal use, and on the other hand that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale.

TUSK reserves the right to modify these conditions of sale at any time, in order to comply with new regulations or to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer’s order.

Article 2. Products

The products offered are those shown on the TUSK LICENSES website, while stocks last. TUSK reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible, but are not binding on the Vendor. The sale of products presented on the TUSK LICENSES website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.

Article 3. Rates

The prices appearing on the product sheets of the internet catalog are in Euros (€) and include all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. TUSK LICENSES reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the purchaser. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, according to the total amount of the order. In mainland France, shipping is free for orders of 100 euros or more, inclusive of tax; for orders of less than 100 euros, inclusive of tax, the buyer will be billed a flat-rate shipping charge that varies according to the products ordered. The cost of shipping will be clearly indicated to the customer when the order is recapitulated. The customer has the right to modify or cancel the order during the order summary.

Article 4. Order and payment terms

Before placing an order, the buyer must create an account on the TUSK LICENSES website. The account creation section can be accessed directly from the menu bar. Each time you visit the site, if you wish to order or consult your account (order status, profile, etc.), you must identify yourself using this information. TUSK offers the buyer the option of ordering and paying for its products in several stages, with 1 possible payment options:

Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he/she wishes to order in the “basket”, modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: “Payment by Paypal”. In the next step, the buyer is asked to check all the information provided, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the PAYPAL secure interface, where he/she can enter his/her Paypal account details or personal credit card details.If the payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the purchaser may demand cancellation of the card payment, in which case the sums paid will be credited or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder’s written objection. The cardholder will not be charged for the return of the sums.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one’s own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, TUSK will send confirmation of the order by e-mail.

If the purchaser wishes to contact TUSK, he may do so either by post at the following address: TUSK SOFTWARES, 6 r d’Armaillé, 75017 PARIS; or by email at the following address: contact@tusk-softwares.com, or by telephone on +33 7 68 66 14 63.

Article 5. Reservation of ownership

TUSK retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.

Article 6. Withdrawal

In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or reimbursement without penalty, with the exception of the cost of return.

Exception to the right of withdrawal: TUSK offers the sale of digital content without material support, for which the buyer’s right of withdrawal cannot be applied, by virtue of article L.221-28 of the French Consumer Code: Computer software, digital content without material support.

Article 7. Delivery

Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO, a delivery service with tracking and delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the purchaser reimbursed. TUSK may provide the buyer with a tracking number by e-mail. The buyer is delivered to his home by his letter carrier. If the purchaser is absent, he/she will receive a delivery notice from the letter carrier, allowing him/her to collect the products ordered from the nearest post office, within a period indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the items leave TUSK’s premises. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the employee of La Poste or the delivery person. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.

Article 8. Warranty

All products supplied by TUSK are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to TUSK who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: TUSK SOFTWARES, 6 r d’Armaillé, 75017 PARIS, within thirty days of delivery.

Article 9. Liability

In the distance selling process, TUSK is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.

Article 10. Intellectual property rights

All elements of the TUSK LICENSES site are and remain the exclusive intellectual property of TUSK. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.

Article 11. Personal data

The company TUSK undertakes to preserve the confidentiality of information provided by the purchaser, which it would be brought to transmit for the use of certain services. All information concerning the purchaser is subject to the provisions of law no. 78-17 of January 6, 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by post to the following address: TUSK SOFTWARES, 6 r d’Armaillé, 75017 PARIS.

Article 12. Settlement of disputes

These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of PARIS 17e.