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GUITAR PRO TERMS AND CONDITIONS OF SALE



LAST UPDATED April 13, 2018

Welcome to www.guitar-pro.com, the website where you can buy Guitar Pro, the worldwide reference in music notation software.

Please read these Terms and Conditions of Sale as well as our privacy policy carefully before browsing our website and placing an order.

Preamble

These Terms and Conditions of Sale, hereinafter referred to as “T&C”, are entered into between:

  • The company Arobas Music SARL, a limited liability company with share capital of €230,000, registered with the Lille Métropole Trade & Companies Register under number 444 341 028 00041, located at 165 avenue de Bretagne 59000 Lille, hereinafter referred to as the “Company”, as Party of the first part;

  • The Customer, a natural person, hereinafter referred to as the “Customer”, as Party of the second part.

The Company is the owner and publisher of the sales website accessible at www.guitar-pro.com, hereinafter referred to as the “Website”, through which the Company sells, among other products, end-user licenses for musical score editing software under the name Guitar Pro, hereinafter referred to as the “Software”, and the associated installation discs.

Article 1 - Legal Notice

The website www.guitar-pro.com is published by Arobas Music SARL (a limited liability company), whose registered office is located at Euratechnologies, 165 avenue de Bretagne, 59000 Lille, France, registered with the Lille Trade & Companies Register under number B 444 341 028.

Share capital: €230,000
EU VAT number: FR 14 444 341 028

Tel: (+33) (0)3 20 73 88 87
Email: Contact form
Our team can be reached Monday to Friday, from 9 a.m. to 6 p.m.

Publishing Director: Mrs Linda Resseguier
Hosted by: OVH

Article 2 - Purpose

These Terms and Conditions govern the contractual relationship between the Company and the Customer and define the rights and obligations of the Parties with regard to the online sale of software end-user licenses (and where applicable, the associated installation disc), by the Company to the Customer through the Website.

Article 3 - Applicable conditions

Please read these Terms and Conditions of Sale carefully. The Company reserves the right to modify the Terms and Conditions of Sale at any time, without prior notice and justification, on the sole condition that the new version is published on the Website. The Terms and Conditions are applicable in their current version when the Customer reads them and accepts them when ordering on the Website, without prejudice to any subsequent amendment of the Terms and Conditions.

The Customer acknowledges having read and accepted the Terms and Conditions prior to placing the order, by checking the appropriate box. Any order placed on the Website implies the Customer’s prior and unconditional acceptance of the current Terms and Conditions of Sale.

These Terms and Conditions of Sale are applicable with regard to the sale of a software end-user license (and where applicable, the associated installation disc), by the Company to the Customer.

With regard to the contractual relations between the Company and the Customer, the Customer is considered a consumer within the meaning of French law. The Customer undertakes to act exclusively within the private sphere, for personal purposes that are unrelated to their business activity.

The Customer declares having full legal capacity to enter into contracts under French law.

Article 4 - Software License and Installation Disc

The Company sells on the Website software end-user licenses, and where applicable, the associated installation discs.


Article 4.1 - Software License

The software end-user license entitles the Customer to use the Software within the strict limits of the rights granted under the terms of the License Agreement.

The price of the software end-user license is indicated in euros or dollars, including taxes, on the Website.

Any Customer who already has a software end-user license for an earlier version of the Software may acquire an upgrade and benefit from a preferential price, provided that they are able to provide their “User ID” and “Key ID”. The preferential price of the software end-user license is indicated in euros or dollars, including taxes, on the Website.

The Company cannot be held responsible or liable for any duties and taxes that may be due under any foreign regulations applicable to the Customer. The Customer undertakes to pay these duties and taxes, and to guarantee and hold the Company harmless as such.

The Company reserves the right to modify the price of the software end-user license, including the preferential price, at any time, without prior notice and justification, on the sole condition that the new price is published on the Website. The applicable price, including the preferential price, is the price as indicated on the Website at the time of the order, without prejudice to any subsequent amendment by the Company.


Article 4.2 - Installation Disc

The installation disc provides the Customer with a hardware medium for installing the Software.

The purchase of the installation disc is strictly conditioned upon the prior purchase of the software end-user license. The purchase of a software end-user license enables the use of the Software within the strict limits of the rights granted under the terms of the License Agreement. The purchase of the installation disc does not condition the installation of the Software.

The price of the installation disc is indicated in euros or dollars, including delivery charges and taxes, in the Customer's shopping cart accessible on the Website.

The Company reserves the right to change the price of the installation disc at any time without prior notice or justification, on the sole condition that the new price of the installation disc is published on the Website. The applicable price shall be the price as indicated on the Website at the time of the order, without prejudice to any subsequent amendment of the price of the installation disc by the Company.

Customs duties, import duties, local and/or state taxes, if any, are at the expense and under the sole responsibility of the Customer.

Article 5 - Signature of the Contract

The Sales Contract between the Company and the Customer is deemed to have been entered into at the time of the order. To place an order, the Customer follows the following steps:

1. The Customer adds the software end-user license (as well as the associated installation disc, where applicable) to their shopping cart. The Customer acknowledges having read the terms of the software end-user license as well as the essential characteristics of the installation disc, if applicable.

2. The Customer validates their shopping cart or modifies its contents.

3. The Customer provides their personal information. The Customer undertakes to provide accurate information.

4. The Customer proceeds with the payment. Before making the payment, the Customer acknowledges having read and accepted the Terms and Conditions of Sale. This commitment is indicated by ticking the appropriate box.

5. Upon receipt of full payment of the order by the Company, the Customer can access their license code and download the Software directly from the accepted payment page. It can also be accessed later from the order confirmation email. The order confirmation page summaries the details and the total price of the order. A link to print the invoice is also available.

The Contract is deemed concluded between the Company and the Customer upon receipt by the Company of the full payment of the order.

Article 6 - Payment

The Customer has the choice between several payment methods:

  • Payment by credit card: the Customer can make payments by credit card — Visa, MasterCard or American Express. First, select the type of credit card and then enter the required information. Then click on “Validate”.

  • Payment via PayPal: the Customer is redirected to the PayPal payment interface. The Customer enters the required information and validates their payment.

  • Payment by bank transfer: the Company provides the Customer with the banking information required to make the transfer.

  • Payment by cheque: the Company provides the Customer with its postal address to send the cheque. Only a cheque issued by a bank domiciled in France and made payable to Arobas Music shall be accepted as a method of payment. The cheque shall be addressed to Arobas Music, 165 avenue de Bretagne, 59000 Lille. The cheque shall be written in the surname, first name and address of the Customer who placed the order on the Website. Failing this, the Company reserves the right to refuse any non-compliant cheque and reject the order.

Once full payment of the order has been confirmed, the order amount is immediately debited. The Customer who validates the payment authorises the Company to deduct the total amount of the order, and irrevocably commits to payment. The Customer acknowledges that they are the legal and authorised owner of the credit card, PayPal account, bank account or chequebook used at the time of payment for the order.

In case of non-payment, the Customer is informed by email and the Sale Contract is not concluded.

Article 7 - Delivery

The software end-user license is available as a direct download. Upon receipt of full payment of the order by the Company, the Customer may access their license code and download the Software directly from the accepted payment page. It can also be accessed later from the order confirmation email sent by the Company.

The installation disc, if any, is delivered to the address mentioned by the Customer when placing their order. Excluding customs duties, import duties, local and/or state taxes where applicable, shipping costs are included in the price of the installation disc. Upon receipt of full payment of the Customer's order by the company:

  • The delivery time is estimated at 6 (six) days for delivery to a country within Europe.

  • The delivery time is estimated at 20 (twenty) days for delivery to a country outside Europe.

The estimated delivery date is only indicative. Under no circumstances may the Company be held responsible for any delay in delivery.

In case of late delivery in excess of 30 (thirty) days, the Customer may request the cancellation of the Sales Contract, in which case they will obtain a refund of the amount paid for the purchase of the installation disc.

Article 8 - Reimbursement and right of withdrawal

A free, 30-day trial version is available on the Website so that the Customer can try the Guitar Pro Software before making the purchase. We invite the Customer to test the software before purchasing a license, to ensure that it meets their expectations. All Guitar Pro features are available in this trial version.

Reimbursement for products available as downloads: if the Software has not been activated.

This is possible if the Customer requests a reimbursement for the Guitar Pro Software for which the license has not been activated, up to 30 days of the order date at www.guitar-pro.com.

The Customer is required use this form to send their refund request, and specify the order number. The application will be examined within 7 days and the Company will communicate the results by email. The Customer is not required to provide a reason for the withdrawal.

Reimbursement for physical media (DVD):

In accordance with Articles L221-18 et seq. of the French Consumer Code, the Customer has a period of 14 (fourteen) days from receipt of the DVD to return the item without penalty except for the return costs. The returned item shall be new, unused, perfectly intact, and in its original box. The Customer is also required to return all additional products delivered with the installation disc, where applicable. Any exchange or return shall be initiated through a refund/return request made using the form provided for this purpose.

The Company shall reimburse or exchange the installation disc within 14 (fourteen) business days from the Customer's request or the date of receipt of the returned installation disc — under penalty for the delay.

Address for the return of products:
Arobas Music
Euratechnologies
165 Avenue de Bretagne
59000 Lille
France

Customer Service:

For information or questions, please email Customer Service by using the contact form Monday to Friday, 9:00 a.m. - 6:00 p.m.

Article 9 - Guarantees

The Company is bound by legal guarantees as provided by the French law in force.

In addition, the Company is also bound by a guarantee of conformity as provided for in Articles L217-4 et seq. of the French Consumer Code, as well as a guarantee against hidden defects as provided for in Articles 1641 et seq. of the French Civil Code, in case of non-compliance or hidden defects of the installation disc.

To implement legal guarantees under the conditions provided by law, the Customer may contact the Company:
Tel: (+33) (0)3 20 73 88 87
Email: Please use the form provided for this purpose.
At the following address: Arobas Music, Euratechnologies, 165 Avenue de Bretagne, 59000 Lille, France

Article 10 - Liability

As part of the remote selling process set up through the Website, the Company is bound by a single obligation of best efforts. The Company is in no way liable for any damages resulting from the fraudulent use of the network by a third party. The Company is in no way responsible for the proper functioning of the Customer's network.

The Company is in no way responsible for the wrong choice or misuse of the Software end-user license and, where applicable, the associated installation disc by the Customer. In this regard, the Customer acknowledges having read the end-user license agreement, and, where applicable, the conditions of use of the associated installation disc as mentioned on the Website, prior to placing the order. The Customer also acknowledges that they are aware of the required configuration and the number of computers authorised for the installation of the Software, such information being mentioned on the Website.

Article 11 - Governing law

These Terms and Conditions of Use and Sale are subject to French law. The execution and interpretation of these Terms and Conditions fall within the jurisdiction of the French courts. In case of dispute, the competent court shall be that of the domicile of the Company.

If these Terms and Conditions of Use and Sale are translated into any other language and if there is a contradiction between the original version of this document and its translation, the French version hereof shall prevail, to the extent that such contradiction is the result of a translation error.

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