UVI Terms and Conditions of Sale
As from 13 Dec. 2021
Article 1 - General provisions, purpose and scope of application
UVI is a limited company, with a capital of 654.879,23 euros, registered in the Paris Trade and Companies Register under number 339 985 905, whose head office is located at 159 rue Amelot, 75011 Paris (France), and which can be reached at the following telephone number: +33 (0)1 87 03 96 13 and at the following email address support.uvi.net.
UVI designs and develops software, virtual instruments, effects and sounds (hereafter the “Products").
The purchase of a Product offered by UVI is done online, on the website www.uvi.net (the “Website").
The present general terms and conditions (“General Conditions") are applicable to all orders for Products placed through the Website.
Any Product order implies the prior express and unreserved acceptance by the Client of these General Conditions and the related licences ("EULA").
The General Conditions applicable are those in force on the date on which the order is validated by the Customer.
However, UVI may modify the present General Conditions at any time, without prior notice, subject to informing the Customers by publishing the said modifications on the Website. UVI will update the General Conditions by indicating the date of the last update in the upper right-hand corner of the present document.
Article 2 - Definitions
In these General Conditions, words beginning with a capital letter shall have the following meaning:
Consumer: means a Customer who is a natural person and is not acting in the course of a professional activity.
Customer: means any natural or legal person ordering a Product on the Website. If certain Customers act outside the scope of their professional activity, they are considered as Consumers and benefit from the provisions specific to Consumers as indicated below.
Portal or UVI Portal: refers to the gateway which allows the registration, downloading, installation and updating of UVI Products ordered on the Website.
UVI Products or Products: refers to the creations designed and developed by UVI and marketed through user licenses and including software, virtual instruments, effects, sounds.
Website: shall designate the Internet site www.uvi.net
Article 3 - Ordering a Product
3.1 Description of the Products
UVI Products are described on the Website on the pages: www.uvi.net/store.
The characteristics and price of each Product can be consulted from the above-mentioned page. Product offers are valid as long as they appear on the Website.
3.2 How to place an order
To order one or more Products, the Customer must create an account on the Website.
The Customer is entirely responsible for maintaining the confidentiality of his/her password. The Customer agrees not to use the account, name, email, or password of another individual and undertakes at all times not to disclose his or her password to any third party.
Under no circumstances will UVI be held responsible for the use of an account by a third party who has the password of a Customer.
The Customer agrees to immediately notify UVI in the event that he/she suspects unauthorized use and/or theft of his/her password. In such a situation, the Customer must change his/her password.
After checking the shopping cart, by clicking on "validate and pay", the Client acknowledges that he/she accepts the General Conditions applicable to his/her order and the EULA governing the use of the Product.
All orders will be acknowledged by an email sent by UVI with the details of the order.
3.3 Terms of payment for Products
All prices are expressed in euros for Customers located in Europe and in US Dollar for Customers located outside Europe.
Payments can be made by credit card or PayPal and must be received by UVI before the order is confirmed. Payment service providers used on the website are CM-CIC and Paypal.
Upon confirmation of the order, the Customer will receive by email the serial number(s) of the Product(s) ordered. The serial number(s) are also available on the Website as well as on the invoice, which can be viewed on the Website.
Article 4 - No right of withdrawal
AS A REMINDER: the right of withdrawal granted in principle only to Consumer Customers within fourteen days of the order date is not applicable for downloadable Products, not supplied on a physical medium, as soon as the Customer downloaded the Products prior to the end of the 14 days, thus waiving his/her right of withdrawal in accordance with the provisions of article L.221-28 13° of the French Consumer Code.
Article 5 - Right of use of the Products
All Products are subject to a non-exclusive right of use, through the EULA, the terms of which the Customer undertakes to respect. It is expressly recalled, as mentioned in the corresponding licences, that these are personal to the Customer and non-transferable in any way whatsoever.
FAILURE TO COMPLY WITH THIS ARTICLE CONSTITUTES A SERIOUS BREACH OF THESE TERMS OF SALE AND THE TERMS OF THE LICENCE AND EXPOSES THE OFFENDER TO PROSECUTION AND THE TERMINATION OF HIS ACCOUNT.
Article 6 - Warranties
Subject to the legal guarantees from which Consumer Customers benefit, and reproduced hereafter, UVI declines all responsibility in the event of deterioration or loss resulting from incorrect installation of the Products by the Customers or the use of the Products with defective, incompatible or incorrectly installed equipment.
Similarly, UVI disclaims all liability for negligence in the use of the Products by the Customer, for inappropriate use or for use that does not comply with the manuals or instructions for use provided with the Product or accessible on the Site.
Article 7 - Intellectual property
All the elements contained on the Website and on the Portal, namely the Products but also the trademarks, texts, images, videos, logos, icons are protected by the laws relating to intellectual property and UVI alone holds the intellectual property rights or the rights of exploitation.
Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Website, by any means or process whatsoever, is forbidden, except with the prior written and express consent of UVI.
Article 8 - Personal data
You can find information about the processing of your personal data by UVI by reading our privacy policy here.
Article 9 - Liability
UVI can only be held responsible for direct damage caused by its fault, the proof of which must be provided by the Customer.
Subject to any applicable law prohibiting the exclusion or limitation of liability, UVI's total liability shall in no event exceed the total cost of the defective Products supplied, which are the subject of the liability claim.
Article 10 - Default
In the event of a breach by the Customer of its obligations hereunder, UVI may suspend access to the Portal and suspend the use of the Products or terminate the present contract by operation of law, which will automatically result in the termination of the EULA or EULAs for all Products registered by the Customer, if the Customer, having been given formal notice to cease the alleged breach, does not remedy it within 15 days of the sending of the said formal notice.
Article 11 - Complaints and mediation
If you are a Consumer and you have a complaint, you can send it to us at the following address: support.uvi.net.
If no amicable settlement is reached with UVI, the Consumer has the right to have recourse to the consumer mediator to which UVI belongs, i.e. the mediation system L'Association des Médiateurs Européens, AME Conso .
Mediation is a free, confidential and rapid process for the amicable settlement of disputes which the Consumer and/or UVI is free to accept and to interrupt at any time. The consumer mediator is an independent person whose mission is to propose a solution to the dispute between the professional and the consumer by means of an opinion that the Consumer and/or UVI is free to accept or refuse.
The Consumer may refer the matter to AME Conso by email at https://www.mediationconso-ame.com/demande-de-mediation-ame.html or by post at 11, place Dauphine 75001 Paris, FRANCE. The website of AME Conso is the following: https://www.mediationconso-ame.com/.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 12 - Applicable law and competent jurisdiction
The General Conditions are subject to French law.
ANY DISPUTE RELATING TO THE EXECUTION OR INTERPRETATION OF THE PRESENT CONTRACT WITH A NON-CONSUMER CUSTOMER SHALL BE BROUGHT BEFORE THE COMMERCIAL COURT OF PARIS.
Disputes with Consumer Customers shall be brought before the competent courts.
Article 13 - Miscellaneous
13.1 If one of the provisions of the General Conditions should be declared null and void or inapplicable, it will be modified in order to obtain its validity or will be deemed unwritten but will not lead to the nullity or invalidity of the General Conditions or of its other provisions.
13.2 The fact that UVI does not, at any given time, avail itself of any of the provisions hereof, shall not be construed as a waiver of any of the said provisions.
13.3 These General Conditions are written in English. However, in the event of contradiction in terms, the French version of these General Conditions shall prevail.
13.4 If you are a Consumer, we inform you that you can register on the opposition list to telephone solicitation Bloctel.
13.5 For Consumer Customers: in accordance with the provisions of the Consumer Code applicable to Consumer Customers, the latter benefit from (i) the legal guarantee of hidden defects under the conditions of article 1641 of the Civil Code for a period of two years from the discovery of the hidden defect as well as (ii) the legal guarantee of conformity under the conditions of article L.217-1 and following of the Civil Code, it being specified that UVI guarantees all its clients against defects in its Products in relation to their characteristics provided on the Site.
In accordance with the French Consumer Code, the provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below.
Article L.217-4 of the French Consumer Code:
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L.217-5 of the French Consumer Code:
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter".
Article L.217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article L.217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention."
Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them."
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect."
