Our terms and conditions of use

1    INTRODUCTION

GAIDDON SOFTWARE is a software editor that offers through its commercial website (hereafter called «  www.scenerybox.com ») the sale online of software licenses for downloading.

The present general terms of sale (hereafter called GTS) apply to all software licenses sold on the Site. 

The GTS detailed hereunder, govern the contractual relationship between any user of the Site and the simplified joint stock company GAIDDON SOFTWARE, with a capital of 123.500 € and headquarters at 3, avenue Didier Daurat 31400 Toulouse FRANCE and registered at the Trade and Toulouse Businesses Register under the number B 519 847 446 (intra-community VAT number: FR18519847446). 

These general terms of sale are the only ones applicable and prevail over any other terms and conditions, except for express preliminary dispensation in writing. 

GAIDDON SOFTWARE reserves the right at any time to modify certain provisions of the GTS, therefore it is paramount that the terms be re-read before making any purchase from the Site. 

These modifications are enforceable from the date they are put online and cannot apply to previously agreed contracts.  

All purchases from the Site are governed by the general terms applicable at the time of purchase.  

By confirming your order, you unconditionally agree to the present GTS after having read them in full.  

By accessing the Site, you agree to fully respect the GTS and the User Terms included therein.  

2    Technical pre-requisites

The downloadable software can represent from several mega-octets to several giga-octets of data.  

To download the software you need to have an internet connexion which is your responsibility to obtain. 

For best quality downloading it is recommended to have a broad band or cable connexion. 

Before downloading you must transmit all requested information, in particular an electronic address which enables exchange of information related to the service (confirmation of payment, sending of activation keys, availability of maintenance updates). 

Correct running of downloaded software requires you to use a computer in conformity with a certain number of technical requisites depending on the software used.  

Minimal configuration and pre-requisite software are listed in the User Guide  section of the Site.

3    Price

Prices indicated on the Site are in Euros and inclusive of all taxes, unless otherwise stipulated.  

GAIDDON SOFTWARE reserves the right to modify its prices at any time without prior notice. 

However, these modifications do not concern orders on hand which are billed on the basis of prices at the time of order.

4    Orders

Orders are only possible through the internet site.  

Access to the service is guaranteed 24/7 except for periods of maintenance, server updates and rare incidents of service interruption.

A client interested in software presented on the Site must respect the following procedure to make an order: the client adds the selected product to his/her basket then clicks on the “Order” button. After having checked the content of the order (quantity, price, etc.), the client confirms the order by clicking the confirm button for the selected software. The client confirms his/her authentication (if not already done), agrees to the present GTS and selects his/her means of payment. 

Once your selection has been made and your payment approved, you will receive an order confirmation e-mail.  

The time needed for approval of payment by CB, VISA, American Express, MasterCard, etc. depends on Paypal. Time needed for approval of payment by bank cheque depends on the postal operator’s delivery times. 

GAIDDON SOFTWARE can in no case be held responsible for payment approval times. 

As soon as payment is approved you will receive an e-mail containing the link to download the product(s) you have purchased. Products are also available by downloading from the « my account » page in the « order details and history » section of the Site. 

You can download a bill for your purchases on the « my account » page in the « order details and history » section.

5   Confirmation

Orders can only be confirmed after prior acceptance of the present GTS. 

6   Availability

Our product offers and prices are valid as long as they are visible on the website.  

Estimated transmission times for downloading data are given for information only, and possible delays do not give the client the right to cancel an order, refuse products or claim compensation.

7   Loyalty points / Reductions / Promotional offers

For every purchase you make you receive loyalty points. When your basket is validated, the corresponding number of points is displayed at the bottom of the page.

Your total number of points is visible on the “my account” page in the “my loyalty points” section. Loyalty points can be converted into cash vouchers at any time. You can convert your points on the “my account” page in the “my loyalty points” section. 

Cash vouchers can be used when validating your basket. These vouchers cannot be used in conjunction with any other offer. 

8    Payment - Tax

GAIDDON SOFTWARE uses Paypal, the online payment system, as its means of payment. 

You do not have to have a Paypal account to pay for products on the Site. 

Inclusive VAT is French VAT at the current rate for the products concerned. If there is a modification of the VAT rate, prices can be changed without prior notice to the client. 

9    Right of withdrawal

In conformity with article L 121-20 of the French Consumer Code, you have seven (7) days (including Saturday, Sunday and Bank holidays) from confirmation of your order, to notify GAIDDON SOFTWARE, of your withdrawal with no penalty and to obtain a full refund of any sum paid. 

However, the right of withdrawal as described in the above paragraph is not, according to article L121-20-2 of the same Code, applicable to services that have already begun, with the customer’s agreement, before the end of the seven (7) day period.  

GAIDDON SOFTWARE INFORMS AND WARNS YOU THAT ANY ACTIVATION/INSTALLATION OF THE SOFTWARE MEANS YOU RELINQUISH YOUR RIGHT OF WITHDRAWAL AS STIPULATED IN THE PROVISIONS OF THE CONSUMER CODE.

10    Intellectual property 

The software is protected by international laws and treaties concerning copyright and intellectual property. The sale of software does not imply, in any case whatsoever, the transfer of reproduction, representation or exploitation rights or more generally any existing or future incorporeal property rights that were inherent in the making of the software. 

The user is therefore only authorised to install and use one copy of the downloaded programme on one computer. However, it is generally accepted that the main user can make a second copy for backup and archiving.  

Thus, for each downloaded software product you are granted a non-exclusive user license, for strictly personal use excluding any professional, commercial or promotional use.  

The terms of this user license are detailed in the End-User License Agreement (hereafter called EULA), provided with the software. 

Use of the downloaded software requires prior agreement to the provisions of the EULA. In absence of such an agreement you are not authorised to use the downloaded software.

11    Support

The FAQ (Frequently Asked Questions) page posted online gives standard solutions for most problems encountered with the software available for downloading.  

In addition, GAIDDON SOFTWARE customer support can be contacted for a specific answer to any questions users may have at: support@scenerybox.com 

An answer will only be provided if you give the references of your transaction.

12    Responsibility

GAIDDON SOFTWARE will not be held responsible for consequences resulting form incorrect use of the software sold on the website.  

13    Aerial photographs / IGN data

SceneryBox elements are based on aerial photographs produced by IGN. This data is the exclusive property of IGN (The French National Geographical Institute).

• The license granted to the user of the aforementioned files does not include any transfer of property of the data. 
• The usage of the data is strictly limited to the personal use and requirements of licensed users.
• Any communication, even in part, of data to a third party, in return for remuneration or not, in any shape or form, by any means and for whatever reason is subject to prior agreement from IGN.
• IGN data must not be extracted from the product or used with other software.
• Reproduction for distribution to third parties or sale of graphic output is forbidden in any shape or form and by any method whatsoever.

©IGN Paris 2010

14    Protection of private life

Information gathered and processed is used to prepare and follow your orders. 

The receiver of all information is GAIDDON Software.

We do not use your electronic address or any other information that can be used to identify you personally without your prior consent, except in the case of a specific programme or function that you can activate or disable. We can, however, use your electronic address, for example to send you a newsletter or to send you information from our partners (if you accept to receive such information) but you have the right to stop receiving these messages at any time. 

In conformity with the French law on data-processing and liberties dated 6 January 1978 and modified in 2004, you have the right to access and rectify any of your personal information, that you can exercise by contacting our customer service at: contact@scenerybox.com

You can also, under legitimate circumstances, oppose the processing of your personal information.

15    Applicable law - Disputes

The present contract is governed by French law. The language of the present contract is French.  

The competent authority in case of dispute with professionals and/or retailers is the Tribunal of Toulouse for End-user License Agreements (applicable to non-professional use of the software).