Regarding the license to use, customer-consumer does not have the right to cancel the purchase.
Regarding ancillary services, "support and update", the customer-consumer has the right to notify the seller that he renounces the purchase without penalty and without giving any reason, within fourteen calendar days, the day after the conclusion of the contract.
FACTORY SYSTEMS SPRL is a company specialized in the IT consulting industry, in computer softwares publishing, in data processing and in peripheral units and software trading, whose head office is at ‘Voie des Waides 8 in 4845 SART-LEZ-SPA’, registered at the ‘Bank for Enterprises’ under number BE 0869.514.730.
1. Scope and definitions
These general conditions define the contractual relationship between the seller and the buyer, and the conditions applicable to service contracts, via the website "MyGME" relating to the license to use the computer software "GMEproject".
The seller reserves the right to change these terms and conditions at any time. In this case, the new general conditions are binding as soon as they are posted on the website under the "General Conditions" tab.
The general conditions applicable to the contract are those subject to the approval of the buyer when placing the order.
For the purposes of these terms and conditions are considered:
- Service: the provision of the license for use of IT software "GMEproject" and its later versions, taken and presented on the website "MyGME";
- Ancillary service: every additional service, sold with the software license "GMEproject" (helpdesk and software updates);
- Seller: SPRL FACTORY SYSTEMS (presented above);
- Buyer: any client whether consumer or professional;
- Parts: the seller and the buyer, taken together;
- Customer-consumer: any natural person who, in accordance with the Act of 6 April 2010 on market practices and consumer protection, acquiring and / or using the service and / or accessories for non-professional purposes;
- Customers-professional means any natural or legal person that acquires and / or uses the service and / or accessories for professional or partly professional purposes.
2. Order process
2.1. Languages: the choice of languages is limited exclusively to French or English.
2.2. Technical instructions
The main steps of the process are:
- (1) Shop: click on the tab "buy" tab, the buyer selects the service(s) he want(s) and places it (them) in his basket;
- (2) Validate: by clicking on "Submit" tab, after having finalized the contents of his shopping, the buyer will receive the order he must complete;
- (3) Confirm: by clicking on the "confirm" tab, the buyer approves the duly completed order form and will then see a displayed summary of the order.
- (4) Checkout: clicking on the "pay" tab, the buyer will be displayed different payment methods. Before he can download the service, the buyer must make payment of the full price via the selected payment method.
The technical instructions apply to both the service or ancillary services command, or the "support and update" service.
2.3. Sales confirmation
After the payment, the buyer will receive an e-mail to the email address filled in the order form.
In this email, the seller acknowledges the order and summary.
2.4. Measures applying to ancillary services
The contract for ancillary services is concluded for a period of one year.
As it relates to ancillary services, the contract shall expire automatically on the contract maturity date without any possibility of tacit renewal.
If the buyer wishes to benefit from ancillary services for a new year, he could then purchase them for another year through the online ordering process described in this paragraph 2.
2.5. Modification / correction of data entered
As long as he did not confirm his command (2.2. (3)), the buyer has the possibility to modify or to correct all or part of the recorded information.
3. Final contract approval
3.1. Service contract concerning license use of "GMEproject" software or its later versions without accessories.
The sale is completed as soon as the buyer has confirmed his order (2.2. (3)).
With regards to the contract between seller and buyer and relating only to the service or the provision of the "GMEproject" license or subsequent versions without accessories, the customer-consumer does not have the right to cancel the purchase.
3.2. Service contract concerning license use of "GMEproject" software or its later versions without accessories, service "support and update"
The sale is completed as soon as the buyer has confirmed his order (2.2. (3)).
With regards to contract between buyer and seller and relating to the "GMEproject" software license or subsequent versions and accessories, the customer-consumer has the right to notify the seller that he gives up the purchase of accessories only, without penalty and without giving any reason, within 14 calendar days, from the day following the conclusion of the contract.
The customer-consumer who wishes to exercise his right to withdraw within the time limit allowed notifies his intention by e-mail to the seller. In this case, the seller pays off the price relative to accessories within 30 days from the date of acceptance of the withdrawal.
The price is net without discount, including VAT.
Deliveries being exclusively made by download, the indicated prices do not include order processing fees, nor transport or delivery costs.
The seller reserves the right to change prices at any time. The prices applicable to the order are those displayed when the order process has begun (2.2. (1)).
4.1. Payment terms
After confirmation of its command (2.2. (3)), the buyer will have the choice to pay, either by bank transfer, or through on-line payment system: in this last case, the buyer will see displaying the invitation to pay the price corresponding with order, by clicking the "to pay" tab. In case of on-line payment, the payment of the price is made by bank card, Visa or MasterCard.
In case of default of the buyer and after one month unsuccessful reminder, without prejudice to Article 1184 of the Civil Code, the seller has the right to terminate the contract, without prejudice to its right to claim damages and interests, fixed at a flat rate of 15% of the total price of the goods, VAT included.
The customer-consumer has towards the seller the same right, to be applied on the same terms. In case of cancellation of the sale to the wrongs of the seller, the seller will be indebted of a compensation equivalent to the one planned in the previous paragraph.
This article does not apply in cases of force majeure as defined in Article 8, notified by the party asserting it by registered letter within eight days of its occurrence.
Without prejudice to Article 7, any claim relating to the implementation or compliance of the service or its accessories should be reported to the seller by registered letter addressed to the seller's head office, Voie des Waides, 8 - 4845 Sart-lez-Spa within 8 days from the day after the execution of the contract.
Failure of the buyer to give written notice within the time limit, good performance and compliance / service(s) and / or / of accessory service(s) are considered to be established. No claim will be called against the seller beyond the term.
7. Liability restriction
The seller shall not be liable for any damage caused by the use of the service(s) sold, whether or not damage is caused to the buyer or to third parties, even during the period for arguing a claim.
Consequently, the seller will not be held to any damages for injury to persons, damage to goods distinct to services sold, lost profits or any other damages arising directly or indirectly from any defect that may affect these services.
In the event that the seller admitted its responsibility, the compensation which will be taken will not be greater than or equal to the sale price of service(s).
8. Responsibility and force majeure
Any non-fulfillment in the head of the seller or the buyer resulting from a case of absolute necessity (force majeure) cannot validly engage their responsibility.
Force majeure shall, within the framework of these terms and conditions, be understood as "any unforeseeable and insurmountable circumstances beyond the control of the parties, for which they are not responsible, and could not be reasonably expected to be, either being taken into account at the time of conclusion of the contract or being overcome, even when these circumstances do not make totally impossible, but only substantially more difficult and more expensive, the execution of the contract".
Should be considered as force majeure, damages resulting from the use of Internet, beyond the control of the parties, such as intrusion, viruses, interruption of service, loss of data, etc.
The victim of the occurrence of a circumstance being defined as a case of force majeure shall inform as soon as possible the other party.
In case of force majeure, the seller reserves the right to extend the period of supply of service / accessories possibly agreed by a period equal to the period during which the force majeure has persisted.
If these facts may compromise the execution of the order according to the planned modalities, the seller reserves the right to terminate the contract by paying the buyer the price paid, without obligation or liability on its part.
The seller reserves the right to cancel the contract, by paying off to the buyer the paid price, without commitment nor responsibility on its part.
9. Personal data processing
These measures respect the buyer's privacy in accordance with the law of 8 December 1992 on the personal data processing and other binding measures of Belgian law on the subject.
The controller of the buyer’s personnel data is the seller, SPRL FACTORY SYSTEMS.
FACTORY SYSTEMS SPRL is a company specialized in IT council, computing softwares edition, data processing as well as trade of peripheral units and softwares.
FACTORY SYSTEMS SPRL is reachable every working day from 9h to 17h at the e-mail customer[@]mygme.be.
The personal data (including contract) is archived by the seller, for management purposes, for a period of 5 years.
The personal data communicated to FACTORY SYSTEMS are treated by her as clients management which includes management of pre-contractual and contractual relationships as well as marketing purposes (direct marketing).
The buyer may oppose, on request and free of charge, the processing of data concerning for marketing purposes (direct marketing).
In addition, the buyer has the right to obtain free rectification of any inaccurate personal data.
10. Personal data processing
All the elements of the seller’s website are and remain the intellectual and exclusive property of this one.
Nobody is authorized to reproduce, use, repost or use for any purpose whatsoever, even partially, elements of the site that they are software, visual or sound.
Any single link or hyperlink is strictly prohibited without the express prior written consent of the seller.
The parties agree, in the context of their relationship, electronic means of proof (by way of example: email, computer backups,...).
12. Applicable law and jurisdiction
Disputes concerning interpretation and execution of these general terms of sales are subject to Belgian law.
Only the courts of Liege, Verviers division, are competent.