Sales terms and conditions

ARTICLE 1: INTRODUCTION

The Terms and Conditions of sale detailed below (hereinafter referred to as the "Terms and Conditions"), govern the contractual relationship between any user of the website (hereafter referred to as "User" or "You") and the company MaxSea Naval S.L (hereafter referred to as "MaxSea"), whose headquarters are located at Carrer de Bailén 20, 4-2, 08010 Barcelona, Spain (hereinafter referred to as "MaxSea"), with intra-community VAT number ESB20909651. These Terms and Conditions of sale are the only ones applicable and replace all other conditions, unless previously agreed otherwise in writing. MaxSea can be promptly brought to amend certain provisions of its Terms and Conditions; also it is necessary that they be viewed and reread before each visit to the website. These amendments are binding as of the time of their posting online and cannot apply to contracts concluded earlier. Each purchase on the website is governed by the Terms and Conditions applicable at the date of the order. We believe that while validating your order, you accept without reserve our Terms and Conditions of sale after having read them. By accessing the website you agree to the Terms and Conditions and to the Terms of Use contained therein.

ARTICLE 2: PRICE

The sale prices listed on the website are in Euros and with all taxes included, unless otherwise noted. For the European Union, prices appear in Euros which is the currency of reference of the website. We reserve for ourselves the right to change our prices at any time but we are committed to applying the prices in force that were indicated on the website at the time of your order.

ARTICLE 3: ORDERS

The orders are carried out exclusively on the Internet through our shopping websites managed by MaxSea. Access to the service is provided in a permanent way but is subject to periods of maintenance, updates of servers and possible exceptional interruptions. MaxSea proposes a unique distribution method for products sold on its website: distribution via internet download. The client will select the method of payment once he has confirmed his purchase in the shopping cart. You will receive an order confirmation email once your payment has been approved. Your payment will be debited from your account once you have confirmed your purchase. Delays of approval of the payment vary depending on the method of payment. In no event shall MaxSea be responsible for the delay of approval of your payment. Once your payment has been approved, an invoice will be sent to you by email and made available on the website.

You can access your products by clicking on the download links that are located:

  • Directly on the page of approved payment,
  • Or subsequently on the confirmation e-mail.

If you have trouble going through the download procedure, please contact our customer service at:

  • UK Support: 02032391484
  • Spain Support: 807 00 20 11
  • International Support: + 352 27 302 240
  • Or by email at support@maxsea.fr

Contractual information is presented in English, French and Spanish and will be subject to confirmation. MaxSea reserves for itself the right to cancel or refuse any order from a customer with whom there is a dispute.

ARTICLE 4: VALIDATION

You certify that you have read and accepted these terms and conditions of sale before the placing of your order. The validation of your order is thus considered as the acceptance of these Terms and Conditions of Sale. Unless proven otherwise, the data recorded by MaxSea constitutes evidence of all the transactions made by MaxSea and its customers.

ARTICLE 5: AVAILABILITY

Our product offerings and prices are valid as long as they are visible online on the website. The deadlines for data transmission estimated for the download of a product are only an indication, and any delays shall not entitle the purchaser to cancel the sale, or to refuse the goods or to claim damages. Any claim for nonconformity or malfunctioning in the electronic delivery by download of a product must be sent within a maximum of 30 days after receipt of download of the product to our customer service by email at order@maxsea.fr or by post to the following address: MaxSea Naval S. L – Service Order, Carrer de Bailén 20, 4-2, 08010 Barcelona, Spain.

ARTICLE 6: CONDITIONS OF INSTALLATION, REMOVAL AND REINSTALLATION ON NEW COMPUTERS OF MAXSEA PRODUCTS

As part of the installation and use procedures of MAXSEA products, you are granted two license codes (called "tokens") to activate the purchased software. In practice, you are able to install the software on up to two computers at the same time.

If you want to change any of your computers and if you have already used the two activation tokens, you are entitled to reclaim one (or both) of the tokens for use on another computer but you will need to go through a complete uninstall procedure on one (or both) of the computers to generate an uninstall code. With this uninstall code, you can ask our Order Department to restore an activation code to your system account. The Order Department can be contacted at + 33 (0)5 59 43 81 00, by email at order@maxsea.fr or by post to the following address: MaxSea Naval S. L - Service Order, Carrer de Bailén 20, 4-2, 08010 Barcelona, Spain. If you have an Internet connection during the uninstallation of the product, the restoration of the token is fully automatic and you will not need to contact our Order Department.

IMPORTANT NOTE: If you are unable to perform the procedure to remove an activation token and cannot provide an uninstall code for whatever reason (e.g. a computer is irreparably damaged or stolen, hard disk crashes, obsolete equipment, etc.), no new activation tokens will be generated without this uninstall code; you will need to reacquire the right of use by contacting our Order Department.

ARTICLE 7: TAX REDUCTION

Any product delivered electronically to an individual from a country member of the European Union to another country member of the European Union will automatically be subject to the VAT of the country where the product is purchased.

ARTICLE 8: SECURED PAYMENT

MaxSea accepts two modes of payment:

  • Credit Card (CB, Visa, Eurocard, Mastercard,...)
  • PayPal

For payment by credit card, the debit is carried out when obtaining permission to charge your account from the competent payment centers for the purchase of your order. Without debit being approved, your order will not be processed by MaxSea. Our online technology partners (including, but not limited to: Amazon.com, PayPal, etc.) possess all the functions needed to manage online services of secured payment over the Internet. The integrity of the data exchanged is ensured by the exchange procedures and the integrity locking of the messages through the use of SSL and SET technology. The use of SSL and SET technology does not require prior loading of software on your computer. The system transmits the answer codes compliant with the ISO standard IS 8583 to the server of our partners, and in the case of an agreement, a receipt is provided to both parties: the customer and the online retailer. This electronic receipt subsequently allows validation of the existence of the payment at the request of both parties. All products remain the property of MaxSea until payment is complete.

ARTICLE 9: RIGHT OF RETURN – Satisfaction GUARANTEE

If for any reason you are not completely satisfied with the MaxSea product that you have purchased, MaxSea will honor a “Satisfaction Guarantee”. Simply return the product to MaxSea within 14 days of the date of original purchase, with an explanation of why the product does not satisfy you, for a complete refund. If you want this guarantee to apply, you must follow the following procedure:

  • Completely uninstall the software from your computer as explained in the "How to uninstall MaxSea" PDF downloadable here
  • Following this procedure, an uninstall code will be generated.

The uninstall code begins with the letters "RE". You will then need to send an email to order@maxsea.fr or by post to the following address: MaxSea Naval S. L - Service Order, Carrer de Bailén 20, 4-2, 08010 Barcelona, Spain, stating explicitly your wish to claim the “Satisfied or Refund Guarantee” along with the uninstall code.

You will receive a full refund of your purchase within 15 days after the date of receipt of your letter or email with the uninstall code, either crediting your credit card or your PayPal account, depending on the mode of payment you have used.

ARTICLE 10: RESPONSIBILITY

This contract is subject to Spanish law. MaxSea cannot be held liable for breaches of contract, on one hand in the case of acts of God or on the other hand in the case of fault of the customer. MaxSea cannot be held responsible for the consequences resulting from the misuse of products sold on the Website.

ARTICLE 11: APPLICABLE LAW - DISPUTES

This contract is subject to Spanish law. The original language of this contract is the Spanish language. In case of dispute with professionals and/or traders, the courts of Barcelona (Spain) will have jurisdiction.

ARTICLE 12: PROTECTION OF PERSONAL DATA

The information you provide while ordering is critical for the processing and delivery of orders, establishment of invoices and fulfillment of the Satisfaction Guarantee, if needed. The absence, omission of or purposeful erroneous entry of information will lead to the cancellation of your order. By registering on the website, you agree to provide us with sincere and genuine information about you. The submission of false information is contrary to these Terms and Conditions as well as to the conditions of use appearing on the website. In compliance with the Organic Law 15/1999 of December 13, Protection of Personal Data (LOPD), MaxSea, as the data controller, reports the following considerations: The personal data requested will be included in a file whose purpose is to send you information about our products and services. Fields marked with an asterisk (or any other signal) are mandatory, with the expressed purpose impossible unless providing such data. MaxSea is authorized to collect, process and use information about you. This data is subject to computer processing. MaxSea commits to only use the collected customer information for its exclusive business purposes, and will never sell customer information to any external parties. You have a permanent right to access and correct your data, in accordance with European legislation and national laws in force (Organic Law 15/1999 of December 13). You can, at any time and upon request, change this data by sending us mail correspondence to the following address:

MaxSea Naval S. L
Carrer de Bailén 20, 4-2,
08010 Barcelone
Espagne

In the context of the use of software and its terms of use, our company’s technical support department is likely to send you information on product usage by email (electronic mail).

You can, at any time, request to no longer receive e-mails from MaxSea by clicking on the link provided for this purpose and inserted in the footer of each of the emails that we will send you, within MaxSea’s exclusive business purpose. Our website is also designed to be particularly attentive to the needs of our customers. Among others, it is for this reason that we use cookies. A cookie is to signal your visit on our website. Cookies are therefore used by MaxSea only in order to improve the customized service that is intended for you.

ARTICLE 13: RIGHTS OF USE

The Software is protected by the legislation and international treaties for copyright and intellectual property. The sale of software does not, in any case, lead to the transfer of rights of reproduction, representation, exploitation, and more generally of all intangible rights recognized or to recognize which participated in the development of the software. Therefore, the software should not be copied, adapted, translated, put at the disposal, distributed, amended, disassembled, decompiled, broken up, or used in combination with another software, unless the Licensing Conditions authorize it or if the applicable law provides that such an act is a right which must be contractually adhered to. However it is generally accepted that the primary user will be able to install additional licenses for his own use, subject to the applicable commercial offers, or to make a second copy for purposes of backup or archiving.

ARTICLE 14: General Terms and Conditions of Support and Training Services

1. SUBJECT

MaxSea Support and Training Services shall perform and provide any Services in accordance with the terms and conditions outlined in this document, as well as additional conditions that are mentioned in any relevant contractual documents. The General Conditions of Support and Training Services detailed below (hereafter referred to as the "General Conditions") govern the contractual relationship between any user of the Training and Support Services (hereafter referred to as "Customer") and MaxSea. These Terms and Conditions are the only ones applicable and replace all other conditions, unless previously agreed to in writing. MaxSea can occasionally be obliged to amend certain provisions of its Terms and Conditions; it is also necessary for visitors to the MaxSea website to consult and reread them before each visit. These amendments are binding as of the time of their posting online and cannot apply to contracts that were concluded at an earlier date. Each Support and Training Service purchase is governed by the Terms and Conditions applicable at the date of the order. We consider that by validating your order, you accept without reservation our Terms and Conditions of Support and Training Services.

2. SUPPORT AND TRAINING SERVICES

MaxSea offers its customers several forms of assistance of which the full detailed list is available upon customer request. The Customer is deemed to have read and accepted all the terms of execution before the purchase of the Support and Training Services. As part of these Support and Training Service Packs, MaxSea provides technical and functional support of software and / or training related to the general use of the software.

Apart from holidays and special closed days, or cases of force majeures as defined in Article 11 below, MaxSea’s hours of technical support assistance are between: 9am and 12.30pm and 2pm and 5.30pm (GMT +1) Monday to Thursday and from 9am to 12.30pm and from 2pm to 5pm on Fridays.

All cases of maintenance or technical support not mentioned in these Terms and Conditions are excluded from the Support and Training Services provided by MaxSea under this contract.

MaxSea will not provide Support services in the following cases: An anomaly that MaxSea cannot reproduce in the standard software version; Requests for intervention on versions prior to version 12.6 of MaxSea "Classic" software; Use of the software that do not conform to the software documentation and, in particular, non-compliance of the Customer with backup procedures recommended by MaxSea; Continued usage of the software without the permission of MaxSea, following an incident; Modification of the software by the Customer or a third party without the consent of MaxSea; Computer crash or the Customer's network preventing the normal operation of the Software.

3. DURATION AND APPLICATION

Support and Training Services offered in these Terms and Conditions are specific services and take place only by appointment. The Customer agrees on a time and day to carry out the service with the Hotline (in accordance with the hours set out in Article 2). The Training or Support Service will be carried out by appointment only (live, by SKYPE and / or Phone and TeamViewer for remote control of the Customer’s computer) and only after payment has been confirmed.

4. SUSPENSION

MaxSea reserves the right to suspend Support and Training Services in the following cases:

  • Non-payment of services by the Customer in a timely manner,
  • Use of the Software by persons who do not have sufficient expertise, and require basic training from MaxSea by telephone.

5. APPLICABLE RATES

In return for services provided, the Customer agrees to pay on the date of billing, the applicable rate valid on the day of ordering, for the Service requested. Payment of the invoice by the Customer means that the Customer has accepted these Terms and Conditions. MaxSea reserves the right to immediately suspend the contract in case of non-payment, and until payment has been made in full. MaxSea reserves the right to revise the prices of the Training and Support Services by applying a new pricing rate, in particular when the service has been modified in some way. The prices indicated for Training and Support Services are listed in Euros and include all taxes, unless otherwise stated. We reserve the right to change our prices at any time but we are committed to applying the rates that you have been given at the time of your order. MaxSea provides several options to the Customer (each Training and Support Service is separate and independent from each other):

  • Support Service at 49 € including VAT for the resolution of one (1) technical problem
  • Support Service at 79 € including VAT for the resolution of two (2) technical problems;
  • Training and Support Service at 99 € including VAT to remotely take control of the Customer's computer for a maximum period of one (1) hour, in order to answer a question about a specific function in the software.
  • Training Service at 199 € including VAT to remotely take control of the Customer's computer for a maximum of three (3) hours of training on the general use of the Software.
  • 2-Day Live software training at 399 € VAT includes two days of training in Barcelona on the general use of the Software as well as advanced training on the more sophisticated features.

6. ORDERS

Orders are carried out online only at www.maxsea.com, by telephone and / or by emailing the MaxSea Technical Support Services. The payment is carried out by credit card on www.maxsea.com or Paypal after confirming the order with Technical Support Services. You will receive an email order confirmation once your payment is received. For further information please contact our customer service:

  • UK Support: 02032391484
  • Spain Support: 807 00 20 11
  • International Support: + 352 27 302 240
  • Or by email at support@maxsea.fr

Contractual information is presented in French, Spanish and English. MaxSea reserves the right to cancel or refuse any order from a customer with whom there is a dispute.

7. VALIDATION

By placing your order, you acknowledge having read and accepted these Terms and Conditions. The validation of your order implies acceptance of these Terms and Conditions. Unless proven otherwise, the data recorded by MaxSea constitutes proof of all transactions between MaxSea and its Customers.

8. TAX REBATES

All Support and Training Services provided by phone or electronically to an individual from one member of the European Union countries to another member of the European Union will automatically be subject to the rate of VAT in the country were the product is purchased.

9. SECURE PAYMENT

MaxSea accepts several modes of payment:

  • Credit Card (Visa, Eurocard, Mastercard...)
  • PayPal

For payment by credit card, the card is charged at the moment of payment validation or when you authorize the charge from your financial institution. If the charge is not approved, your order will not be processed by MaxSea. Our partners offer all the functions needed to manage secure online payments. All data exchanged is protected using SSL and SET technologies. The use of these protected payment technologies requires no prior software downloads. The system sends information over our partners’ server in a manner that conforms to the ISO IS 8583 standard, and when a payment is made, a receipt is provided to one of the parties, either the client or the online merchant. This receipt subsequently acts as proof of payment at the request of either party. All products remain the property of MaxSea until payment is complete.

10. WARRANTY

Training and Support Services Warranty: MaxSea ensures that Training and Support Services will be conducted according to the business practices and applicable standards generally accepted in the industry, on the date of the service completion. In the case of a written notice from the Customer within ten (10) days following the completion of the Training and Support Services, describing non-compliance of the Service due to the sole fault of MaxSea, the company must provide the service again, within a reasonable amount of time to correct this non-compliance. Third Party Products and services: Third-party products and third party software and services are not subject to warranty of any nature whatsoever, other than the specific warranty provided by the manufacturer, vendors and / or suppliers of the product. Limited Warranty:The provisions of this article describe the totality of the contractual warranty provided by MaxSea, at the exclusion of all others.

11. RESPONSABILITY-FORCE MAJEURE

Both parties will be released of all responsibility if they fail to fulfill their obligations due to a case of a force majeure. Initially, the force majeure will suspend the contract and the two parties will communicate in order to determine how to proceed with the situation. If the force majeure lasts for more than one (1) month, this Agreement shall automatically terminate, unless otherwise agreed to between the Parties. A force majeure is some type of unforeseeable circumstance beyond those usually retained by the jurisprudence of Spanish courts: any type of blockage, disruption or obstruction of telecommunication networks, poor power quality, transport problems or cancellation for any reason whatsoever, weather, epidemic, earthquake, fire, storm, flood, water damage, legal or governmental restrictions, and legal or regulatory changes in sales policies.

12. PRIVACY AND PROTECTION OF PERSONAL DATA

Providing services to a Customer as part of a contract may involve access by MaxSea to files containing the Customer’s personal data. This access is not considered as data communication. Access to files provided by the Customer shall be used solely and exclusively for the provision of the requested service. MaxSea undertakes to treat the data as requested by the client, and not to use it for purposes other than those specified in this contract, or to disclose it to third parties.

The Customer agrees with all legal requirements concerning the data that is collected and with the processing of data containing personal data. The Customer also states that he/she has taken the appropriate measures to ensure the security of personal data in their files, in accordance with current legislation on the protection of personal data.

MaxSea will implement technical and organizational measures to ensure the security and integrity of personal data contained in the files in order to avoid their alteration, loss or unauthorized access. Given the nature of technology, stored data is subject to risks which it is exposed to, either through human action, physical or natural. These security measures have been determined by the current legislation on the protection of personal data, in compliance with the Organic Law 15/1999 of December 13, Protection of Personal Data (LOPD) relating to computers, files and freedom.

The Customer authorizes MaxSea to retain a copy of the files containing information in relation to the provision of services in the corresponding database for a period not exceeding one (1) year from the date of service provided. This is done to ensure the resolution of any issues that may arise at a later date.

The Customer has the right to access and rectify any data concerning him, at all times, in accordance with European texts and national laws (Organic Law 15/1999 of December 13). The Client may modify this data on request at any time by writing to the following address:

MaxSea Naval S. L
Carrer de Bailén 20, 4-2
08010 Barcelona
Spain

Under the terms of use of the software, our technical department will likely communicate with the Client by email with information on the use of the products.

MaxSea agrees to use the information collected exclusively for purposes related to the company.

The Client may at any time request to stop receiving emails from MaxSea by clicking on the unsubscribe link inserted in the footer of each email we send you.

Our site is designed to be particularly attentive to the needs of our customers. This is why, among other reasons, we use cookies. The purpose of a cookie is to register your visit to the website. Cookies are used by MaxSea in order to improve the customized service you receive. They are only used for MaxSea-related purposes.

13. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

The Parties may, under this contract, have access to confidential information regarding the other Party. This information may concern the terms of this contract or the price of services provided or the Software.

Information that is not considered confidential includes any that was already in the public domain, and information that the receiving party possessed prior to disclosure, without having received it directly from the other Party. This information may have been disseminated to either Party by a third party, and is therefore not covered by a confidentiality agreement.

The Party that received confidential information agrees to treat this information in a confidential nature with the same amount of care that he treats his own information. This information cannot be communicated or disclosed to third parties, if it isn’t with the written consent of the other party or to the extent as may be required by law agreement. The Parties agree to take all reasonable steps to ensure that confidential information is not disclosed to their employees or contractors, in violation of this Agreement. The terms of this obligation are valid for the duration of this Agreement and for two (2) years after its termination.

All documents sent by MaxSea that relate to these terms and conditions shall remain the exclusive property of MaxSea and shall be returned to company upon request from MaxSea.

The sale of software never includes the transfer of rights of reproduction, representation, usage, and more generally any rights of recognition for those who participated in the creation of the software. The software must not be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, or used in combination with another software product, unless the License Terms allow for this or the law provides that such act constitutes a right which cannot be infringed by a contract.

ARTICLE 15: LAW AND JURISDICTION

These general conditions of sale are submissive to Spanish law and the Vienna Convention on Contracts for the International Sale of Goods, to the exclusion of the law of sale of the United Nations (CISG). All disputes related to the business relationship between you and MaxSea are subject to the exclusive jurisdiction of the Spanish courts.

Our policy is to punish anyone who is guilty of fraud or fraud attempts. We won’t hesitate to sue, particularly based on the information provided when ordering online (IP address, name or postal address).