Terms & Conditions

Preamble

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

• The company Rimsoft SAS, a French Simplified Joint Stock Company with share capital of 5882 €, registered with Montpellier Trade & Compagnies Register under number 880 359 781 00015, located at Rond Point Benjamin Franklin 34000 Montpellier, 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.drumstik.com, hereinafter referred to as the “Website”, through which the Company sells, among other products, the end-user licenses for musical score editing software under the name Drumstik, hereinafter referred to as the “Software”.

Article 1 – Legal Notice

The website www.drumstik.com is published by RIMSOFT SAS (French Simplified Joint Stock Company), whose registered office is located at Rond Point Benjamin Franklin 34000 Montpellier, France, registered with the Montpellier Trade & Compagnies Register under number 880 359 781 00015.

Share capital: €5882
EU VAT number: FR21880359781

Email: Contact form
Our team can be reached Monday to Friday, from 9 a.m. to 6 p.m

Publishing Director: M Julien Jura
Hosted by: O2Switch

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 the end-user licenses , 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 the 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

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

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 Licence ID” and “Order 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 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 to their shopping cart. The Customer acknowledges having read the terms of the Software end-user license.

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

3. 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.

4. 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 received order confirmation email. The order confirmation email 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

Orders & Sales of software licences are handled by the Paddle company.

• 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.

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.

Article 8 – Refund and Right of Withdrawal

A free, 15-day trial version is available on the Website. so that the Customer can try the Drumstik 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 Drumstik features are available in this trial version.

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

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

The Customer is required use this form to send their refund request, and specify the order number. The application will be examined within 15 days and the Company will communicate the results by email. The Customer is not required to provide a reason for the withdrawal.

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

To implement legal guarantees under the conditions provided by law, the Customer may contact the Company:
Email: Please use the form provided.
At the following address: Rimsoft SAS, RPT BENJAMIN FRANKLIN 34000 MONTPELLIER, 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.