ALLGEMEINE GESCHÄFTSBEDINGUNGEN

1. Parties and Definitions

FLUXEA department of cyberdata sarl (”FLUXEA”) is the seller of Products and/or the supplier of Services for the purposes of Customer’s rights and concerns relating to Products and/or Services.

Cyberdata sarl is a company registered in France, with registered company number: RCS Versailles B 413 394 396. Offices Address: 57 Boulevard de la République, Bat. 5, 78400, Chatou, France. VAT FR79413394396. FLUXEA can be contacted by e-mail at info@fluxea-group.com and by telephone on the contact number(s) mentioned in FLUXEA website.

In these terms and conditions FLUXEA, department of cyberdata is referred to as “FLUXEA”, “we” or “us”; “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this FLUXEA website, and whose order for Products or Services is accepted by FLUXEA; “Contract” is the contract containing these terms and conditions, formed by FLUXEA’s acceptance of your order; “Invoice” is the invoice issued by us to you for the price of the Products and/or Services; “Order” means an order placed by you in accordance with these Terms; “Order Acknowledgement” is FLUXEA’s acknowledgement of receipt of your order, by e- mail or other medium (including telephone), this does not constitute acceptance of your order; “Order Confirmation” means the order confirmation is issued by us to you indicating acceptance of your order; “Products” are the products listed as items for sale on FLUXEA website; “Services” are any, chargeable or free, services available from FLUXEA through FLUXEA website, delivery or packaging services; “Terms” are these terms and conditions of sale; “FLUXEA website” is the website operated by or on behalf of FLUXEA including those located at the internet domain with the URL https://www.fluxea-group.com and “day” refers to a calendar day.

2. Languages

The following is a list of the languages in which these Terms are available and the countries in which they apply. Where a country appears more than once in this list, you may choose the language version that applies to your transaction from the options presented:

Language & Country/Countries in which the language version applies
• English
United Kingdom, Austria, Belgium, Czech Republic, Denmark, Germany, Finland, The Netherlands, The Republic of Ireland, Norway, Poland, Slovakia, Sweden as well as all other countries where the customer elects it.
• French
France, Belgium, Italy, Luxembourg, Portugal, Spain, Switzerland – as well as French speaking countries

3. General – Application of Terms and Conditions

Your purchase of Products or Services, through a FLUXEA website is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.

4. Placing Your Order – Order Acknowledgement, Order Confirmation

By placing an Order, you make an offer to us to purchase the Products and/or Services you have selected on these Terms. We may or may not accept your offer at our discretion: in particular, please note that we do not sell to private customers, and request your valid and verifiable IVA number as evidence of professional activity. Any Contract is dependent and conditional upon FLUXEA’s verification of availability and confirmation of both your Order and your payment details. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. Generally, FLUXEA has 14 days as of the receipt of your placed Order for such verification and confirmation. As long as FLUXEA has not confirmed both of the above mentioned points, FLUXEA is not obliged to provide Products and/or Services.

FLUXEA may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Information contained in our advertising, brochures, other written materials, on the FLUXEA website or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products and/or Services.
You may place an Order by:

• Filling in the order form on the FLUXEA website and clicking on the appropriate submission button; or 
• Telephoning us on designated telephone numbers mentioned on the FLUXEA website.
 
Please note that FLUXEA does not deliver Products and/or Services to certain countries or regions within some countries as listed in clause 10. In the event your Order has been placed from a country where delivery to certain regions is excluded by FLUXEA, you will be notified during your order confirmation process.
When you place your Order, FLUXEA will send you an Order Acknowledgement by e-mail. Such Order Acknowledgement may be automatically generated and shall not constitute an acceptance of the Order. FLUXEA website through which orders can be placed contain automatic means for identifying and alerting you to certain types of input error before you place your Order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
We will send your Order Confirmation to you by e-mail. If we cannot accept your Order we will contact you by email or telephone.
We maintain records of Orders, Order Acknowledgements and Order Confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, Order Acknowledgment, Order Confirmation, payment method acceptance and invoice as evidence of purchase.

5. Product Information and Availability Changes

FLUXEA continually updates and revises Products and Services. FLUXEA may update, revise and/or discontinue Products and/or any peripheral products as well as Services at any time. FLUXEA may revise prices for Products or Services listed as available items on FLUXEA website at any time. A price remains valid only for the duration of the day on which Customer visits the page of the FLUXEA website displaying that price or the day on which Customer is informed of the price by FLUXEA (through a telephone call centre or otherwise). FLUXEA displays current Products at www.fluxea-group.com

In addition to Products which are localized and fitted out for your country of Order, FLUXEA may offer non-local Product versions (for example: offering an English version software or book to a non english-speaking country). Whenever you access Product information of such a non-local Product version, you will be warned and may receive detailed information. Regardless of our provided Product information, should you decide to place an Order for such a Product, your purchase will be processed under these Terms.

FLUXEA endeavours to maintain Product and Service availability. However, Product and Service availability constantly changes and different Products and Product groups or Services may have different availabilities. All acceptances of Orders are subject to availability of the relevant Product(s) or Services. FLUXEA reserves the right to prioritise orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on FLUXEA website are approximate.

6. Price

The prices of Products or Services are those which apply at the time of Customer’s Order.
All Product prices displayed do not include VAT (or other revenue tax). Additional charges such as shipping or handling costs, transport insurance, levies or charges of any authorities, or otherwise required by applicable law may be charged in addition to the applicable Product price and will be indicated to you prior to placing the Order on the FLUXEA website or communicated to you by the call centre agent and will also be set out in the Invoice sent to you by e-mail.

7. Manner of Payment

FLUXEA accepts payment by Paypal account or Paypal approved credit card. Other payment methods will be subject to FLUXEA’s prior agreement through its telephone call centre or otherwise. Payment options may vary from country to country.

8. Terms of Payment

Customer must tender payment (via a Paypal account or a Paypal accepted credit card or other payment means accepted by FLUXEA) in the currency as indicated in the Invoice, on or before the delivery of Products or Services unless otherwise agreed with FLUXEA. Invoicing and payment collection by FLUXEA may be effected through third parties.
FLUXEA may take payment for your Order before sending your Product. However, the taking of payment shall in no case constitute acceptance of your Offer nor the conclusion of a contract. If we are unable to deliver your Order after having taken payment, you will be reimbursed in full.
For credit card payments, Customer must provide his or her valid credit card number and other requested details in the relevant purchase “Paypal” section of the FLUXEA website, when Customer orders Products or Services.

9. Account Information

You are solely responsible for 

1) providing true, accurate, current and complete information about you as prompted in the FLUXEA website account details section or as requested by a FLUXEA telephone call centre agent (“Account Information”, notably a valid and verifiable IVA number), and

2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other FLUXEA website. FLUXEA shall not be liable for any unauthorized use of passwords.

10. Delivery

Products or Services will be delivered or rendered to mainland delivery addresses in Austria, Belgium, Czech Republic, Denmark, Germany, Greece, Finland, France, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Republic of Ireland, Slovakia, Spain, Sweden, Switzerland and United Kingdom.
FLUXEA will use its discretion in selecting a reputable carrier and appropriate means of delivery. FLUXEA may deliver Products or Services by instalments in any sequence as far as they are reasonable for the Customer. Where Products or Services are delivered by instalments, each instalment is deemed to be the subject of a separate Contract. No default or failure by FLUXEA in respect of one or more instalments will affect the Contract in respect of Products or Services previously delivered, or undelivered.

11. Delivery Date

FLUXEA aims to deliver promptly. However, there may be reasons for FLUXEA’s inability to ship according to its target dates (most of which are beyond FLUXEA’s control). Accordingly, any dates given by FLUXEA for the delivery of Products or rendering of Services are estimates only, and FLUXEA cannot and does not undertake that delivery will occur on any specified dates, except in the event such delivery dates have been explicitly confirmed by FLUXEA as binding.

However, you have the option of cancelling your Order at any stage prior to dispatch of your Products by FLUXEA. You may also have a right to return Products after they have been delivered (see “Your Right to Return and Returns Policy” below).

If Products cannot be delivered or Services rendered by any estimated or target dates given by FLUXEA, FLUXEA may elect to cancel the order and refund any money paid by the Customer. If the delay of delivery is not due to gross negligence or intent on FLUXEA’s side, FLUXEA is solely liable to refund any money paid by the Customer to FLUXEA; right for damages based on delay in such an event is excluded.

12. Title

FLUXEA retains full legal title to Products – including Orders which are financed on an instalment basis – until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. FLUXEA reserves rights (subject to applicable law) to terminate Customer’s right to sell or otherwise deal in Products, if payment is not made when due, or if the credit card company declines payment or requires FLUXEA to return any payment made for the Products, for any reason.
Title to any software comprising, included in or with Products remains with FLUXEA, or the relevant licensor, notwithstanding payment.

13. Your Right to Return and Returns Policy

You may return purchased Products for any reason for a full refund of the Product purchase price within 15 calendar days following the date you receive the Products. To exercise your right to withdraw from your Contract you must provide FLUXEA with an unequivocal statement to inform us of your decision within the above mentioned time period. The easiest way to do so is to contact us by email https://www.fluxea-group/en/contact-us.html or telephone (+ 33 1 30 15 28 58, Fax : +33 1 30 15 28 55 ).

• When you contact us you will be given a FLUXEA return reference number. Please display the FLUXEA return reference number prominently on the outside of the parcel in which the Products are returned. 
• Your FLUXEA invoice should be enclosed with the returned Products.
FLUXEA is permitted by law to reduce your refund to reflect any reduction in the value of the Product if you have used the Product beyond normal handling or inspection. If you return Products (1) which you have damaged or used beyond normal handling, (2) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, FLUXEA retains the right either to refuse to refund Product purchase price (subject to applicable local law), or FLUXEA may reduce any payments to be refunded to you for the diminished value of the goods. Any delivery costs paid by you may not be reimbursed.
On return of Products, FLUXEA will, subject to the above limitations, repay the actual amount paid to FLUXEA within 14 days, less any fees and charges due to FLUXEA due to the diminished value of the product, by crediting your Paypal account or, via Paypal, your relevant credit card or bank account you used as a means of payment for the initial Order.

The issue by FLUXEA of a return reference number shall not constitute an acceptance or acknowledgment that you qualify for the right to return Products or obtain a refund as this will be subject to verification by FLUXEA.
The issue by FLUXEA of a return reference number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.
You acknowledge that you may cancel purchased Services for a full refund of the Services purchase price actually paid within 15 calendar days following the date of the acceptance of your Order.

On cancelling Services, FLUXEA will, subject to the above qualifications, repay the actual amount paid to FLUXEA, by crediting your Paypal account or, via Paypal, the relevant credit card or bank account (or other means) unless FLUXEA has started to perform the services as defined; FLUXEA is entitled to reduce the refund for any part of the services supplied up to the point of your cancellation.

14. Exceptions to Right to Return

The right of return for any reason in clause 13 does not apply if you do not purchase Products or Services as a consumer. The right of return and refund does not apply to software sold with FLUXEA products, or as a separate product. For books, the rright of return does not apply if the shrink-wrap packaging has been opened. Further, you may not return a Product and claim a refund if the Product concerned is a personalised Product, such as an engraving or other means of individual personalisation made in accordance with your specifications.

Conformément à la loi n° 78-17 du 6 janvier 1978, le Client dispose d’un droit d’accès, de rectification et d’opposition sur les informations personnelles le concernant. Ce droit peut être exercé par écrit auprès de Cyberdata – Service Clients – 57 boulevard de la République – Bât 5 – 78400 CHATOU – FRANCE

15. Resale of Parts Etc.

Customer shall not resell Product parts, components or accessories packaged with the Products.

16. Products and Software Licences

Under French law, the Products and their content are intellectual creations, protected under the L112-2 item of the Code de la Propriété Intellectuelle (Intellectual Property Law), with particular focus on database, software and multimedia opus.
All software, including pre-loaded software contained in hardware Products, is licensed and not sold. It is licensed either by FLUXEA or the relevant software owner to you, subject to the relevant software end-user licence agreement or other terms included with the software and/or with the Product or Services. Data and Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other data, software, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.
Where express software licence terms are not supplied, software is licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying Product.
If you do not accept the terms of any applicable software license, subject to the exceptions in clause 14 above, you should return the Products within the time period set out in clause 13 above.

PAYPAL, CYBERDATA, FLUXEA, PUBLITEST, PUB ET TRADE and CAREOS are registered trademarks.

17. Defective Products and Product Guarantees

17.1 Defective Products
FLUXEA is under a legal duty to consumers to supply Products that are in conformity with your contract with FLUXEA.
If your Product is or becomes faulty through no fault of your own then you may be entitled to a refund, repair or replacement of your Product. Please contact the ‘Contact’ section of the FLUXEA website and also refer to the section on Product Guarantees below.
If you have a complaint about the service that FLUXEA has provided then please contact the ‘Contact’ section on the FLUXEA website.

17.2 Product Guarantee rights
FLUXEA provides a commercial guarantee for certain Products (Books), entitling you to a remedy (subject to the applicable guarantee terms and conditions) in the event that your Book requires servicing within the stated period of cover due to a defect of materials or workmanship (“ FLUXEA Guarantee”). The guarantee documentation for FLUXEA Products, which sets out the service undertakings under the FLUXEA Guarantee, is available via the ‘Contact’ section of the FLUXEA website.
With the exception of any applicable FLUXEA Guarantee or any extended guarantees that may be offered by FLUXEA, FLUXEA gives no guarantees with respect to Products or Services. By ordering FLUXEA’s products, you explicitely acknowledge that the data contained in the Products are by nature subject to updates, and that FLUXEA, as an editor, does not hold any reponsibility for any use, application, interpretation, handling that you may conduct on your own.

18. Liability Limitations

These Terms set out the full extent of FLUXEA’s obligations and liabilities in respect of the supply of, or failure to supply, Products or Services. FLUXEA is not liable to you (or any other parties):

1. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from FLUXEA’s gross negligence or intent. The liability according to the product liability law remains unaffected. 

2. for 1) inability to order Products or Services via a FLUXEA website or other media, or 2) damages which occur due to unauthorized access by a third party to your Order account. 
This clause and the limitations of liability apply also to FLUXEA in the relevant Guarantee.

19. Liability Limitations

By submitting orders you consent to the processing of data personal relating to you, such as company name, IVA number, your name and title, address, telephone number, contact details and other personal details (“Personal Data”); you submit to the situation that these Personal Data are required to process your Order and to fulfil our legal obligations.
In certain circumstances FLUXEA may seek additional personal information such as photocopies of identification documents for example for identity verification or fraud prevention purposes. Where such additional information is submitted to FLUXEA it shall also be regarded as “Personal Data”.

20. Export Control

You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.

21. Changes to Terms and FLUXEA website

FLUXEA may amend these Terms, including payment and warranty terms, without notice. FLUXEA may provide notices of changes to FLUXEA website, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant FLUXEA website. Frequent review of FLUXEA website and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected and Terms, including Product prices are such which apply at the time of Customer’s Order placement.

Although care is taken to ensure the accuracy of the information on FLUXEA website, they could include inaccuracies or typographical errors, including pricing errors. FLUXEA shall not be obliged to honour, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Product/Service (i.e. incorrect product specification) in which case at our discretion, we may offer you with Products or Services which fulfil or are close to the initially described Product specification (if any). FLUXEA and third party suppliers may make improvements and/or changes in Products, Services, service programs, prices and other details described in FLUXEA website, at any time. Changes are periodically made to update FLUXEA website.

22. Governing Law, Jurisdiction

The sale of Products and/or Services and these Terms shall be governed by and construed under the laws of France. For all disputes, Customers submit to the exclusive jurisdiction of the Courts of France. However, if you are a consumer, this does not affect your statutory rights or prevent you from submitting a dispute under the law of, and in the country where you are resident.

23. Governing Law, Jurisdiction

No waiver
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.

Circumstances beyond our reasonable control
We will make every effort to perform our obligations under these Terms. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control such as strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, we will perform our obligations as soon as reasonably possible.

Severability
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

24. Governing Law, Jurisdiction

These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.