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General terms of sale

PART ONE : TERMS AND CONDITIONS OF SALE AND OF USE OF THE INTERNET SITE www.boutiqueobdfacile.com
Applicable as of 10 December 2014

 

ARTICLE 1. LEGAL NOTICE

1.1 Publisher
You are currently connected to www.boutiqueobdfacile.com, Internet site published by Outils OBD Facile, SARL, company capital 10,000 €, RCS of Vannes: 750 984 767, headquarters: 1 rue Marguerite Perey, 56890 Plescop, France, telephone: +33299901354, email: contact@,outilsobdfacile.fr. intercommunity VAT no.: FR 12 750984767, director of publication and chief editor: Anne Kermorvant.
1.2 Host
The Site is hosted by Web&Solutions, headquarters: Technopôle du Madrillet, 705 avenue Isaac Newton, 76800 Saint Etienne du Rouvray, telephone: 02.35.78.11.90.

 

ARTICLE 2. DEFINITIONS

« Customer » : any natural person or company, established under public or private law, registered on the Site.
« Customer having the capacity of consumer» : any natural person registered on the site who is not acting within the scope of his commercial, industrial, artisanal or independent professional activities.
« Outils OBD Facile » : Outils OBD Facile, SARL, in its capacity as publisher of the Site.
« Internet-user » : any natural person or company, established under public or private law, that connects to the Site.
« Software » : IT program published by Outils OBD Facile, but sold on the Site and permitting the Customer, using an ELM327 interface type , to perform a diagnostic evaluation of his vehicle.
« Pack » : ensemble made up of a Product and Software.
« Product » : item commercialized by Outils OBD Facile on the Site, consisting notably of an OBD2 box that connects to the OBD outlet of a car.
« Site » : Internet site accessible at the URL www.boutiqueobdfacile.com, as well as the sub-sites, mirror sites, portals and related variations of the URL.

 

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to any Internet-user at no charge. Navigation on the Site is presumed as acceptance by the Internet-user of the present terms and conditions. Simple connection to the Site shall be deemed as full and entire acceptance of the present terms and conditions.
At the time of registration on the Site, this acceptance will be confirmed by the act of checking the box corresponding to the following phrase: “I acknowledge having read and accepted the terms and conditions of sale and use”. The Internet-user also acknowledges that he has become completely familiar with them and that he accepts them without restriction.
The act of checking the box mentioned above shall be deemed as having the same value as a handwritten signature on the part of the Customer. The Internet-user recognizes that the automatic recording systems of Outils OBD Facile may serve as proof and, unless he provides proof to the contrary, he renounces contesting these systems in case of a dispute.
The present terms and conditions are applicable to any relations between the parties, to the exclusion of any other terms and conditions, and notably those of the Customer.
Acceptance of the present terms and conditions presumes, on the part of the Internet-users, that they have the legal capacity necessary to do so, or else that they have authorization from a guardian or trustee if they are incapable, from their legal representative if they are minors, or that they hold a mandate to act on behalf of a company.

 

ARTICLE 4. PURPOSE OF THE SITE

The Site serves the purpose of selling Products and Software making it possible to perform a diagnostic evaluation on an automobile equipped with an OBD connection. The Product and Software may be purchased separately or together as a Pack.

 

 ARTICLE 5. DECLARATIONS AND OBLIGATIONS OF THE CUSTOMER

5.1 Information
The Customer declares to have received all useful explanations and details from Outils OBD Facile to permit him use the Products and Software covered by the present contract.
The Customer acknowledges that the Products and Software offered by Outils OBD Facile are suited to his needs and that he has subscribed a contract with full knowledge of the consequences and after having received all information necessary for him to freely give informed consent
5.2 Authorizations and declarations
The Customer is solely responsible for the authorizations and declarations relative to use of the Products and Software
The Customer declares that he has the necessary rights and authorizations for this purpose. If applicable, the Customer declares to have carried out all necessary prior procedures, such as requests for administrative authorizations and declarations.
The absence of such declarations and authorizations will not under any circumstances be able to call into question the validity of the present contract. The Customer shall notably be required to pay Outils OBD Facile the price corresponding to the Products and to the Software license ordered.
The Customer guarantees Outils OBD Facile against any recourse that could be taken against it in case of the absence of such declarations and authorizations.
5.3 Use of the Software
The Customer agrees to use the Software in conformity with the purpose of the present contract and to respect the instructions of Outils OBD Facile regarding installation and maintenance of the Software.
The Customer also agrees to respect the terms and conditions of use of the software as defined in part two.

 

ARTICLE 6. STEPS OF THE ORDER

6.1 Order
To place an order, the Internet-user will be able to select one or several Products and add them to his shopping cart. The availability of Products is indicated on the Site, in the descriptive information for each article. When his order is complete, he will be able to access his shopping cart by clicking on the button indicated for this purpose.
6.2 Validation of the order by the Internet-user
By viewing his shopping cart, the Internet-user will be able to check the number and type of Products that he has chosen and check the unit price and total price. He will have the possibility of removing one or several Products from his shopping cart.
If he is satisfied with his order, the Internet-user will be able to validate it. He will then see a form that will invite him to enter his connection information if he already has it, or he will be invited to register on the Site by completing the registration form with his personal information.
6.3 Payment by the Customer
Once he is connected or after he has properly completed the registration form, the Customer will be invited to check or modify his delivery and billing information, and then he will be invited to make payment by being redirected to the interface for secure payment.
6.4 Confirmation of the order by Outils OBD Facile
Once the payment has been effectively received by Outils OBD Facile, it agrees to electronically confirm receipt to the Customer within a maximum of 24 hours. Within this same timeframe, Outils OBD Facile agrees to send the Customer an email summarizing the order, stating all information related thereto, and confirming that it is being processed.
The present terms and conditions of sale, in effect as of the date of validation of the order, shall be attached to this email to be retained by the Customer.

 

ARTICLE 7. PRICE - PAYMENT

7.1 Price
The prices applicable are those shown on the Site on the day that an order is placed. These prices may be modified at any time by Outils OBD Facile. The prices shown are only valid on the day that the order is placed and have no effect for the future.
The prices indicated on the Site are expressed in euros, all taxes included, excluding delivery charges.
7.2 Conditions of payment
The Customer may make payment by cheque, wire, bank card or money order. Payments by bank card are made by means of secured transactions processed by BNP.
Within the framework of payments by bank card, Outils OBD Facile has access to no information relative to a Customer’s means of payment. Payment is made directly to the banking establishment.
In case of payment by cheque or bank wire, the delivery timeframes only start to run on the date that payment is effectively received by Outils OBD Facile.
7.3 Billing
After each payment, Outils OBD Facile will send the Customer an invoice by electronic means, or make this invoice available to him. The Customer expressly accepts to receive invoices electronically.
7.4 Payment default
Any amount not paid by the due date shall be increased by 10 % under the penal clause to remedy the harm endured by Outils OBD Facile, without the need for formal notice and as an exception to article 1230 of the Civil Code.
Furthermore, any amount not paid by the due date shall result, rightfully and without prior notice, in the application of late penalties calculated based on a rate equal to 3 times the legal rate of interest, without this penalty impacting the payability of the amounts due in principal.
In addition, in case of late payment by a professional Customer, a set indemnity for recovery in the amount of 40 € shall be due.
7.5 Retention of ownership
The Products and Software sold remain the property of Outils OBD Facile until payment in full of the price, in conformity with the present clause of retention of ownership.

 

RECLAMATION - RETRACTION - GUARANTEE

8.1 Customer Service (+33290901354)
Customer service for the Site is available Monday through Friday from 9:00 a.m. to 12:00 p.m. at the following non-surcharged telephone number: +33290991354, by email at: contact@outilsobdfacile.fr or by postal mail at the address indicated in article 1 of the present terms and conditions. In these last two cases, Outils OBD Facile agrees to provide a response within 48 business hours.
8.2 Right of retraction for Customers having the capacity of consumer - Distance selling
When the Customer has the capacity of consumer, and he has the option of retraction, he has a period of fourteen calendar days to exercise his right of retraction without having to justify his decision or incur costs other than the direct costs of returning the goods.
8.2.1 Case of opening of a period of retraction:
1st scenario: the IT software is sold as a download from the Internet site of Outils OBD Facile or is delivered on CD-Rom, without the interface box for diagnostics
  • The Customer has a period of retraction of fourteen calendar days if the software was not opened after the download or delivery of the CD-Rom (i.e., the Customer has not sent a request for activation by email)
  • The Customer does not have a period of retraction if the software is unsealed after download or delivery of the CD-Rom (i.e., activated), in conformity with paragraph 9 of article L. 121-21-8 of the Consumer Code.
2nd scenario: the interface box for diagnostics is sold and delivered to the Customer without the IT software
  • The Customer has a right of retraction of fourteen calendar days starting from the time of taking physical possession of the box by him or a third party other than the transporter and designated by the Customer.
3rd scenario: the IT software is sold as a download from the Internet site of Outils OBD Facile or is delivered on CD-Rom, without the interface box for diagnostics
  • The rules mentioned above in the first scenario are applicable to the IT software,
  • The rules mentioned above in the second hypothesis are applicable to the interface box for diagnostics
8.2.2 Exercising the right of retraction :
When the period of retraction of fourteen days expires on a Saturday, Sunday, a legal holiday or a day not worked, it is extended until the first following business day.
When the period of retraction of fourteen days expires on a Saturday, Sunday, a legal holiday or a day not worked, it is extended until the first following business day:
  • starting from the day following the taking of physical possession of the box and/or of the CD-Rom containing the software by the Customer or a third party other than the transporter and designated by the Customer or
  • starting from the day after acceptance of the offer when the software is downloaded from the Internet site of Outils OBD Facile.
The Customer may then use the retraction form attached to the present terms and conditions to exercise his right of retraction.
The Customer will have to return the goods delivered within a period of 14 days following sending of the letter of retraction and assume responsibility for the direct charges for return, unless Outils OBD Facile offers to recover the goods itself.
When the right of retraction is exercised, Outils OBD Facile will reimburse the Customer for the entire amount paid, including delivery charges, within the 14 days, at the latest, following the date of receipt of the letter of retraction or receipt of the goods returned or of proof of shipment of the goods to be returned.
This reimbursement is done by using the same means of payment used by the Customer for the initial transaction unless it is otherwise expressly approved by the Customer for Outils OBD Facile to use another means of payment and to the extent that this other means of payment does not result in additional charges for this latter party.
Outils OBD Facile is not required to reimburse the additional charges if the Customer has expressly chosen a mode of delivery that is more costly than the mode of delivery proposed by Outils OBD Facile 
8.3 Cancellation of the contract at the initiative of the Customer
The consumer Customer may terminate the contract by registered letter with confirmation of receipt in case the date of delivery of the goods surpasses seven days. The Customer will then be reimbursed the amounts incurred for the order.
The present clause does not apply if the late delivery is due to a case of force majeure. In such a situation, the Customer agrees not to take legal action against Outils OBD Facile and renounces availing itself of the cancellation of the sale specified in the present article.
8.4 Guarantees
8.4.1 In case of defects and obvious defects on the delivered package
It is the responsibility of the Customer to verify the proper condition of the Products at the time of delivery. This verification must notably involve the quality, quantities and Product references of the Products as well as their conformity to the order.
In case of delivery of a package that is clearly and obviously damaged, it is the responsibility of the Customer to refuse it so as to be able to benefit from the guarantee offered by the transporter.
The Customer will have to send his letter of complaint to Outils OBD Facile in the three business days following the delivery so that a new package may be prepared for him, and then sent out as soon as the damaged package is received. In such a case, the delivery timeframes indicated in article 10.2 of the present terms and conditions shall no longer be applicable.
If the Customer is a merchant, any complaint concerning the packages delivered shall only be taken into account if it has issued reserves with the transporter in conformity with articles L. 133-3 et al of the Code of Commerce. The Customer that is a merchant will then have to send its comments and complaints, by extrajudicial document or registered letter with confirmation of receipt, to the transporter within a maximum of three days, not including legal holidays, following the date of delivery.
8.4.2 In case of apparent or hidden defects
Outils OBD Facile is required to apply the legal guarantee to provide goods that are fit for their intended purpose (article 1604 of the Civil Code) and that are free from hidden defects (articles 1641 to 1649 and 2232 of the Civil Code) under the conditions specified by the law.
Customers having the capacity of consumers also have a legal guarantee of conformity (articles L.211-4 to L.211- 13 of the Consumer Code).
Restatement of articles from the Consumer Code and from the Civil Code:
Article 211-4 of the Consumer Code
The seller is required to deliver a product that conforms to the contract and to respond to any breach in conformity which exists upon delivery of the product.
He must also answer for any breaches in conformity resulting from the packaging, assembly instructions or installation, when this has been placed under his responsibility by the contract, or been carried out under his responsibility.
Article 211-5 of the Consumer Code
To be in conformity with the contract, the goods must :
1) Be in proper working order for the function for which it was intended and, if applicable: • correspond to the description provided by the seller and possess the qualities that it presented to the buyer in the form of a sample or model;
2) present the qualities that a buyer may legitimately expect given the public declarations made by the seller, by the producer or by its representative, notably in the advertising or on the label
3) 3) Or present characteristics defined by common accord by the parties, or be adequate for a special use sought by the buyer, expressed clearly to the seller and accepted by the seller.
Article L.211-12 of the Consumer Code
The action resulting from the breach in conformity expires two years starting from the date on which the product was delivered.
Article 1641 of the Civil Code
The seller is obligated to honour the warranty in the case of hidden defects in the sold property which render it incapable of being used for its intended purpose, or which significantly diminish its capacity to be used in this manner, such that the buyer would not have acquired the property, or would have only offered a lower price, had he been aware of the defects.
Article 1648 of the Civil Code
The action resulting from the product defects must be filed within the two years following discovery of the defect. [...].
8.4.3 Return
In order to implement the guarantee, the Customer must return the product to the address of the headquarters Outils OBD Facile, accompanied by an explanatory letter and requesting either repair, exchange or reimbursement.
The expenses for return of the Product will then be reimbursed to the Customer within a maximum of thirty days.

 

ARTICLE 9. PERSONAL SPACE

9.1 Creation of a personal space
The creation of a personal space is an indispensable prerequisite for placing any order on the Site by an Internet-user. For this purpose, the Internet-user will be invited to provide certain personal information. Some of this information is absolutely necessary for the creation of the personal space. Refusal by an Internet-user to provide said information will have the effect of preventing creation of the personal space, as well as, incidentally, validation of the order.
When creating the personal space, the Internet-user is invited to choose a password. This password constitutes the guarantee of confidentiality of the information contained in the personal space. The Internet-user is, therefore, prohibited from sending or communicating it to a third party. Otherwise, Outils OBD Facile will not be able to be held responsible for unauthorized access to the personal space of an Internet-user.
The Customer agrees to proceed with regular verification of the information that concerns him and to make the necessary updates and modifications in his personal space.
9.2 Content of the personal space
9.2.1 General information
The personal space permits the Customer to view and track all of his orders placed on the Site
The pages relative to personal spaces may be freely printed by the account holder in question, but in no way constitute proof that is admissible by a court. They are only provided for informational purposes and are intended to ensure effective management of orders by the Customer.
Outils OBD Facile agrees to retain all contractual information required by law or regulations in effect in a secure manner.
9.2.2 Contributions from Customers
Customers are offered the option of contributing to the content of the Site by publishing comments on their use of the Products and Software and their relationship with Outils OBD Facile. The comments will have to be expressed in French. They will be submitted for validation by Outils OBD Facile or by its team of moderators.
By clicking on the “Valider” tab to publish his comment, the Customer grants a non-exclusive copyright license at no charge to Outils OBD Facile for said comments. As such, the Customer authorizes Outils OBD Facile to communicate to the online public all or a portion of his comments on the Site, the newsletters of Outils OBD Facile and the sites of the partners of Outils OBD Facile. The Customer authorizes Outils OBD Facile to reproduce his comments for the purpose of communication to the online public and to create supports for communication and promotion of the Site. The Customer authorizes Outils OBD Facile to translate his comments into any language for the purpose of communication to the online public and to reproduce them in sales and promotions materials. The right of adaptation also includes the right to make modifications that are technically necessary for exploitation of the comments in other formats. The present license is granted for commercial and advertising use. It is granted for any duration of rights, for use in France and abroad.
The Customer declares that he has the intellectual property rights and authorizations necessary to proceed with publication of his comments. The Customer agrees to intervene, at the request of Outils OBD Facile, in any procedure initiated against this latter party due to his comments and to guarantee it against eventual expenses and condemnations pronounced against it for this purpose, including eventual legal fees.
9.3 Elimination of the personal space
Outils OBD Facile reserves the right to eliminate the account of any Customer who violates the present terms and conditions, notably when the Customer provides information that is inexact, incomplete, untruthful or fraudulent, as well as when the personal space of a Customer remains inactive for at least a year. Said elimination may not constitute fault on the part of SARL Outils OBD Facile or harm for the excluded Customer, who will not be able to claim any indemnity in this regard.
This exclusion is without prejudice to the possibility for SARL Outils OBD Facile to take legal action against the Customer when matters justify this.
 

ARTICLE 10. DELIVERY

10.1 Delivery charges
In all cases, charges for delivery or availability will be indicated to the Customer before payment is made and only concern deliveries made in the European Union and Switzerland. For any other delivery location, it will be the responsibility of the Customer to contact the Customer Service department.
The delivery charges indicated on the Site are expressed in euros, all taxes included.
10.2 Delivery time frames
Orders are delivered by the postal service in the 7 business days following effective receipt of the price by SARL Outils OBD Facile.
Certain Products or certain order volumes may, nonetheless, require a delivery time-frame of more than 7 business days. Express mention of this will be made to the Customer at the time of order validation.
10.3 Damaged package
In case of delivery of a package that is clearly and obviously damaged, it is the responsibility of the Customer to refuse it so as to be able to benefit from the guarantee offered by the transporter. Furthermore, the Customer will have to inform the seller of this without delay, so that a new package may be prepared for him, and then shipped upon receipt of the damaged package returned. In such a case, the delivery timeframes indicated above in the present terms and conditions shall no longer be applicable.

 

ARTICLE 11. INFORMATION AND FREEDOMS

11.1 CNIL Declaration - Responsible for treatment
The file of Outils OBD Facile including the personal information of Internet-users and Customers was the subject of a declaration made with the CNIL and recorded under no. 1646844.
11.2 Option to provide information
Internet-users have the choice in whether or not to provide their personal information. Providing personal information is not absolutely to be able to navigate the Site
11.3 Requirement of information for registration
However, registration on the present Site presumes the collection by Outils OBD Facile of certain personal information concerning Internet-users. Internet-users who do not want to provide the information necessary for registration will not be able to place an order on the present Site.
11.4 Respect of the purpose for collecting personal information
The personal information collected is processed electronically and is used exclusively by OBD Facile. The information gathered is necessary for proper administration of the Site, as well as for respect of its contractual obligations by Outils OBD Facile. This information is retained by Outils OBD Facile for solely this purpose. Outils OBD Facile agrees that it will not use it in any other manner or send it to third parties, unless it has obtained express approval from the Customers or unless required to do so by the law. The personal information collected is not transferred abroad.
11.5 Right to access, rectification and opposition
The contact information for all Customers registered on the present Site is kept for a period of 6 months, which represents a reasonable duration for proper administration of the Site and normal use of the data. This data is kept under secure conditions relying on current technology and in respect of the provisions of the Law on Information and Freedoms of 6th January 1978.
In conformity with this law, Customers have the right to oppose, question, access and correct the information that they have provided. To do so, they must send a request to Outils OBD Facile at the following email address: contact@outilsobdfacile.fr or by postal mail to the headquarters of Outils OBD Facile mentioned in article 1 of the present terms and conditions.

 

ARTICLE 12. COOKIES AND IP ADDRESSES OF INTERNET-USERS

12.1 Cookies
12.1.1 Purpose of using cookies
To permit all Internet-users to navigate the present Site in an optimal manner, as well as to ensure the best possible functioning of the various interfaces and applications, Outils OBD Facile will be able to install a cookie on the computer of the Internet-user.
12.1.2 Purpose of cookies
Cookies make it possible to store information relative to navigation on the Site (date, page, times), as well as the information entered by Internet-users during their visit (searches, login, email, password). These cookies are meant to be kept on the computer of the Internet-user for a variable period of up to 6 months, and will be able to be read and used by Outils OBD Facile during a future visit by the Internet-user to the present Site.
12.1.3 Option of opposition of the Internet-user to the use of cookies
The Internet-user has the possibility of blocking, modifying the duration of retention or eliminating these cookies via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on the present Site will not be optimized. If systematic deactivation of cookies by the browser of the Internet-user prevents the use of certain Services, this may not under any circumstances constitute harm for the Customer and he will not be able to claim any indemnity in this regard.
12.1.4 Removal of cookies installed
Internet-users also have the possibility of removing the cookies installed on their computer by going to the appropriate menu in their browser (generally, tools or options / privacy or confidentiality). Such an action causes Internet-users to lose the benefit provided by cookies.
12.2 IP Addresses
12.2.1 Definition and collection of IP addresses
The IP address corresponds to a series of numbers separated by dots that permit the individual identification of a computer on the Internet. Outils OBD Facile reserves the right to collect the public IP address of all Internet-users. Collection of this IP address will be done anonymously. The IP address of Internet-users will be kept for the duration required by law.
12.2.2 Communication of IP addresses
Outils OBD Facile will have to provide all personal information relative to an Internet-user to the Police upon judicial requisition or to any person following a court decision. The IP address will be able to be reconciled with the effective identity of the Internet-user in case of communication of this information by an Internet service provider.

 

ARTICLE 13. RESPONSIBILITY OF OUTILS OBD FACILE

13.1 Nature of the obligations of Outils OBD Facile
Outils OBD Facile agrees to provide the care and diligence necessary to provide quality Products and Software that conform to the specifications of the present terms and conditions.
The Customer is solely responsible for use of the Software and for the result that he obtains from it. Outils OBD Facile only offers an obligation of means concerning the services covered by the present document.
Under no circumstances does Outils OBD Facile guarantee that results will be obtained due to use of the Software by the Customer, nor does it guarantee the quality of these results. Under no circumstances may the Software be used to test the safety of an automobile. In this regard, the Customer agrees to have technical inspections performed on his vehicle in conformity with the law.
13.2 Force Majeure - Fault of the Customert
The liability of Outils OBD Facile will not be engaged in case of force majeure or fault of the Customer, as defined in the present article:
13.2.1 Force majeure
s intended in the present Terms and Conditions, cases of force majeure enforceable upon the Customer shall include any hindrance, limitation or inconvenience due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, hindrance attributable to the access provider, malfunction of the transmission networks, collapse of the installations, unlawful or fraudulent use of passwords, codes or references provided to the Customer, hacking, security flaw attributable to the host of the Site or to the developers, flooding, power outage, war, embargo, law, injunction, request or requirement from any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Outils OBD Facile. Under such circumstances, Outils OBD Facile will be excused from executing its obligations for as long as this hindrance, limitation or inconvenience endures.
13.2.2 Fault of the Customer
As intended under the present terms and conditions, fault of the Customer that is enforceable against it shall include any improper use of the Service, fault, negligence, omission or default on his part or that of his employees, non-respect of the advice given by Outils OBD Facile on its Site, any unlawful disclosure or use of the password, codes and references of the Customer, as well as providing erroneous information or failing to update such information on his personal space. The implementation of any technical process such as robots, or automatic queries shall also be considered as a fault of the Customer, whose implementation would violate the character or spirit of the present terms and conditions of sale.
13.3 Technical problems - Hypertext links
In case of impossibility of accessing the Site, due to technical problems of any kind, the Customer will not be able to avail itself of any harm and will not be able to claim any indemnity. The unavailability, even prolonged and without any limitation of duration, of one or several online services may not constitute harm for the Customers and may not result in the granting of damages by Outils OBD Facile
Hypertexts links on the Site may connect to other Internet sites. The responsibility of Outils OBD Facile may not be engaged if the content of these sites violates legislation in effect. Similarly, the responsibility of Outils OBD Facile may not be engaged if visiting one of these sites by the Internet-user causes him harm. In the current state of technology, the rendering of representations of Products offered for sale on the present Site, notably in terms of colours or forms, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics accessories and the screen or depending on the resolution of the display. These variations and differences will not under any circumstances be able to be attributed to Outils OBD Facile and the responsibility of this company will not be able to be engaged in this regard.
13.4 Damages under the responsibility of Outils OBD Facile
In the absence of legal or regulatory provisions to the contrary, the responsibility of Outils OBD Facile is limited to the direct, personal and certain prejudice endured by the Customer and related to the default in question. Outils OBD Facile may not be held in any way responsible for indirect losses such as, notably, lost data, commercial losses, lost orders, harm to brand image, business disruption and lost profits or customers. Similarly, and in the same limits, the amount of damages assessed against Outils OBD Facile may not under any circumstances exceed the price of the Products, Software or Pack ordered.
13.5 Responsibility in the capacity of host
Information, notably comments, published on the Site by the Customer are his own responsibility.
Within this framework, Outils OBD Facile will benefit from the status of host for the data as intended under article 6-1-2 of the Loi pour la confiance dans l'économie numérique (Law for trust in the digital economy) of 21st June 2004. In conformity with paragraph 3 of the same article, Outils OBD Facile will not be able to be held responsible from a civil or penal standpoint due to these comments unless, at the time that that it became aware of the unlawful activity or information, it did not act promptly to remove this information or render access to it impossible.

 

ARTICLE 14. INTELLECTUAL PROPERTY

14.1 Site content
The content (text, images, schemas...), structure and software implemented for functioning of the Site are protected by copy right and database rights. Any total or partial representation or reproduction done without the approval of Outils OBD Facile or its beneficiaries or assignees constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal action. The same is true for translation, adaptation or transformation, arrangement or reproduction by an art or process of any kind.
The information published on the present Site is provided for informational purposes without any guarantee of exactness. Outils OBD Facile may not under any circumstances be held responsible due to an omission, inexact information or any error contained in this information and which is at the origin or direct or indirect damage caused to the Internet-user.
14.2 License for the Software
Outils OBD Facile grants the Customer a non-exclusive license to use the Software as an end-user. The License is granted for the entire world and for all languages. The license only involves the right to use the Software, solely for the purpose of its execution, as well as the right to use the Software to the exclusion of:
  • any reproduction with a view to the commercialization, release into circulation, re-diffusion, distribution, publication of the Software or installation of the Software on another workstation than those of the Customer;
  • any representation, even partial, of the Software, notably by means of communication to the online public or public projection;
  • any translation, adaptation, arrangement or modification of the Software, as well as any export or merge of this Software with other IT applications.
  • any compiling, decompiling, disassembly, translation, analysis or reverse engineering of the Software.
The rights of use of the Software are personal and non-transferrable. The rights granted to the Customer are granted for only two users, for his own needs, to the exclusion of any form of providing them to third parties, even a subsidiary company or a member of a de facto or de jure group for up to two years following activation of the software. The Customer will not be able to transfer all or a portion of the rights and obligations resulting from the present contract, even within the framework of the material existence of the rights covered by the present License.
14.3 Guarantee
Outils OBD Facile grants no guarantee of intellectual property concerning the Software other than that of peaceful enjoyment, to the exclusion of any guarantee of peaceful enjoyment on the part of third parties. In case an action for infringement is initiated against the Customer, this party my not seek to involve Outils OBD Facile as a third party, or seek recourse action.

 

ARTICLE 15. GENERAL PROVISIONS

15.1 Applicable law
The present Terms and Conditions exclusively subject to the application of French law.
Outils OBD Facile and the Customer, establish a contract as merchants, assign competence, even in case of multiple defendants or the involvement of third parties, to the Commerce Court of VANNES.
For non-merchant Customers, any dispute arising from execution of the present agreement shall come under the competence of the Court at the location of the domicile of the defendant.
15.2 Modifications of the present terms and conditions
The present terms and conditions may be modified at any time by Outils OBD Facile. The terms and conditions applicable to the Customer are those in effect as of the date of his order or his of his connection to the Site, and any new connection to his personal space shall be deemed as acceptance, if applicable, of the new terms and conditions.
15.3 Amicable settlement of disputes
Unless there are other provisions of law and order, any disputes that could arise within the framework of execution of the present terms and conditions shall, before initiation of any legal action, be subject to review by Outils OBD Facile with a view to amicable resolution.
15.4 Entire agreement
The invalidity of a clause of the present contract will not result in invalidity of the other clauses of the contract or of the contract as a whole, which would retain its entire force and scope. In such a case, the parties will have to make every effort to replace the cancelled stipulation by a valid stipulation that corresponds to the spirit and purpose of the present agreement.
15.5 Non-renunciation
Failure by Outils OBD Facile to exercise one of its rights under the present agreement may not under any circumstances be able to be interpreted as renunciation to assert said rights.

 

PART TWO : TERMS AND CONDITIONS OF USE OF THE EOBD-FACILE SOFTWARE (FREE AND PAY VERSIONS)
Applicable as of 10 deceember 2014 

 

Notices

The EOBD-Facile software , is the exclusive property of SARL Outils OBD Facile. It is protected by copyright and database rights. UNDER NO CIRCUMSTANCES may it be sold or distributed, even in its free version, as a unit or accompanied by an ELM type interface outside of the official online boutique of Outils OBD Facile www.boutiqueobdfacile.com
The publisher of the www.boutiqueobdfacile.com site is Outils OBD Facile, SARL, with capital of 10,000 €, RCS of Vannes: 750 984 767, headquarters: 1 rue Marguerite Perey, 56890 Plescop, France, telephone: +33299901354, email: contact@outilsobdfacile.fr, Intercommunity VAT No.: FR 12 750984767 and its director of publication and chief editor is Ms. Anne Kermorvant. This Site is hosted by Web&Solutions, headquarters: Technopôle du Madrillet, 705 avenue Isaac Newton, 76800 Saint Etienne du Rouvray, telephone: 02.35.78.11.90.
The characteristics of the software may also be viewed at the information site www.outilsobdfacile.com.

 

Conditions of use

Although EOBD-Facile is a professional software, its authors will not be able to be held responsible for eventual losses related to its use, or following repairs made following a diagnostic evaluation. For car manufacturers who do not absolutely respect the OBD standard, Outils OBD Facile advises users to have their diagnostics confirmed by physical measures (multimeter, oscilloscope) and/or by a professional.
Use of the free version of the software results in no obligation of purchase upon expiration of the period of use.

 

Activation of the software

The activation of EOBD-Facile is done by sending a file containing a first connection to a vehicle. Sending this file is the only method of activating the software.
Activation of the software gives the user the right to perform diagnostics for as many vehicles as he desires from the computer that was used for creation of the file.
The Customer authorizes Outils OBD Facile to keep the data from his vehicle sent for his first connection for statistical and scientific purposes.

 

Conditions of License

The activation codes of EOBD-Facile are unique and will only work for one PC. The PC must be chosen carefully by the user. Meanwhile, upon simple request, Outils OBD Facile grants a second activation code in case of, for example, breakdown or replacement of the PC. Only TWO (2) activation codes will be provided for the purchase of a License and no exception will be made.
The rights of use of the software are personal and non-transferrable.
Once a license is granted, it is approved for the entire world and for all languages. The license only involves the right to use the Software, solely for the purpose of its execution, to the exclusion of:
  • any reproduction with a view to the commercialization, release into circulation, re-diffusion, distribution, publication of the Software or installation of the Software on another workstation than those of the Customer;
  • any representation, even partial, of the Software, notably by means of communication to the online public or public projection;
  • any translation, adaptation, arrangement or modification of the Software, as well as any export or merge of this Software with other IT applications.
  • any compiling, decompiling, disassembly, translation, analysis or reverse engineering of the Software.

At the time that the License is purchased, the rights granted to the user are granted for two users, for his own needs, to the exclusion of any form of providing them to third parties, even a subsidiary company or a member of a de facto or de jure group for up to two years following activation of the software.

When the software is used in its free version, the rights are granted for two users, for his own needs, to the exclusion of any form of providing them to third parties, even a subsidiary company or a member of a de facto or de jure group for a limited time following activation of the software.

 

Information and freedoms

Outils OBD Facile agrees to treat any personal information contained in the activation file as strictly confidential, and this information will only be used for statistical or scientific purposes.

 

Participation

Users wishing to assist Outils OBD Facile in its developments may send their remarks to the following address: contact@outilsobdfacile.fr
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