Terms and Conditions of Sale

The essential characteristics of the products are described on their respective pages on the Heptode website.

2.1 Physical products

2.2 Digital products

The applicable prices are those displayed on the website when the order is placed.

Prices may be displayed and charged in euros (EUR) or US dollars (USD), depending on the country concerned.

For physical products, the applicable country is generally the delivery destination. For digital products, it is the customer’s declared country of residence.

Applicable VAT is included in or identified in the order summary. Where no European VAT applies, the amount displayed is the final price charged by Heptode, subject to any charges imposed independently by the customer’s payment provider.

For physical products, shipping costs and any customs duties prepaid by Heptode are shown separately before the order is confirmed.

Digital products do not incur shipping charges.

The total amount payable and the transaction currency are displayed before payment.

The customer selects the desired products and quantities, provides the required information and reviews the order summary before proceeding with payment.

Physical and digital products are purchased through separate checkout processes.

The order becomes final when payment has been confirmed.

An order confirmation is sent to the email address provided by the customer.

For digital products, the customer must provide a valid email address to receive license keys and the invoice.

Heptode reserves the right to cancel an order in the event of a manifest pricing error, exceptional unavailability, suspected fraud or an inability to fulfil the order. Any payment already received for an order cancelled by Heptode will be refunded in full.

Payment is made using one of the payment methods offered during checkout, including payment cards and PayPal where available.

The payment currency is the currency displayed in the order summary.

Any conversion fees or other charges applied directly by the customer’s bank or payment service provider are governed by that provider’s conditions.

Heptode does not store customers’ payment card details or payment credentials.

For digital products purchased directly through Heptode Store, an invoice is generated automatically following payment confirmation and sent by email.

6.1 Physical products

6.2 Digital products

7.1 Physical products

7.2 Digital products

This article applies to physical products.

For deliveries outside the European Union, customs duties, import taxes or local charges may apply depending on the destination, the nature of the product and the value of the shipment.

Unless the order expressly indicates that such charges have been prepaid and included in the total, they remain payable by the customer.

Heptode cannot guarantee the amount of taxes or charges imposed by foreign authorities.

9.1 Physical products

9.2 Digital products

9.3 Exercising the right of withdrawal

Customers may exercise their right of withdrawal in accordance with the procedure described in Article 16.

In the event of a valid withdrawal, Heptode refunds the amounts due in accordance with applicable law.

For physical products, the refund includes the initial delivery cost corresponding to the least expensive standard delivery option offered. Any additional cost resulting from a more expensive delivery method chosen by the customer is not refundable.

For physical returns, Heptode may withhold reimbursement until the goods have been received or evidence of their return has been provided, whichever occurs first, where permitted by law.

For digital products, no physical return is required. Heptode may disable the relevant licenses following withdrawal.

Refunds are normally made using the same payment method as the original transaction, unless otherwise agreed with the customer.

Any refund will be made within the period required by applicable law.

These withdrawal provisions do not limit the customer’s other statutory remedies, including remedies for defective or non-conforming products.

Consumers have a period of two years from delivery of the product to invoke the statutory guarantee of conformity if a lack of conformity becomes apparent. During this period, consumers need only establish the existence of the lack of conformity, not when it first arose.

Where a sales contract provides for the continuous supply of digital content or a digital service for more than two years, the statutory guarantee applies to that content or service throughout the agreed supply period. During that period, consumers need only establish the existence of the lack of conformity affecting the digital content or service, not when it first arose.

The statutory guarantee of conformity requires the seller, where applicable, to provide all updates necessary to maintain the conformity of the product.

Consumers are entitled to have the product repaired or replaced within 30 days of their request, free of charge and without significant inconvenience.

If the product is repaired under the statutory guarantee of conformity, the original guarantee is extended by six months.

If the consumer requests repair but the seller imposes replacement, the statutory guarantee of conformity is renewed for two years from the date of replacement.

Consumers may obtain a reduction in the purchase price while keeping the product, or terminate the contract and receive a full refund in exchange for returning the product, if:

1. The seller refuses to repair or replace the product.
2. Repair or replacement takes more than 30 days.
3. Repair or replacement causes significant inconvenience to the consumer, particularly if the consumer ultimately bears the costs of collecting or removing the non-conforming product, or the installation costs of the repaired or replacement product.
4. The lack of conformity persists despite an unsuccessful attempt by the seller to bring the product into conformity.

Consumers are also entitled to a price reduction or termination of the contract when the lack of conformity is sufficiently serious to justify an immediate remedy. In such cases, they are not required to request repair or replacement beforehand.

Consumers are not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the product is unavailable for repair or replacement suspends the remaining guarantee period until the repaired product is delivered.

These rights arise under Articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who obstructs the implementation of the statutory guarantee of conformity in bad faith may be subject to a civil fine of up to EUR 300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).

Consumers also benefit from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles consumers to a price reduction if they keep the product, or a full refund if they return it.

Consumers have a period of two years from the supply of digital content or a digital service to invoke the statutory guarantee of conformity if a lack of conformity becomes apparent. During the first year following supply, consumers need only establish the existence of the lack of conformity, not when it first arose.

The statutory guarantee of conformity requires the provision of all updates necessary to maintain the conformity of the digital content or digital service.

Consumers are entitled to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience.

Consumers may obtain a price reduction while retaining the digital content or digital service, or terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:

1. The seller refuses to bring the digital content or digital service into conformity.
2. Bringing the digital content or digital service into conformity is unjustifiably delayed.
3. Conformity cannot be restored without costs being imposed on the consumer.
4. Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer.
5. The lack of conformity persists despite an unsuccessful attempt by the seller to restore conformity.

Consumers are also entitled to a price reduction or termination of the contract when the lack of conformity is sufficiently serious to justify an immediate remedy. In such cases, they are not required to request that the digital content or digital service be brought into conformity beforehand.

Where the lack of conformity is minor, consumers are entitled to terminate the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable while being brought into conformity suspends the remaining guarantee period until conforming digital content or a conforming digital service is supplied again.

These rights arise under Articles L.224-25-1 to L.224-25-31 of the French Consumer Code.

A seller who obstructs the implementation of the statutory guarantee of conformity in bad faith may be subject to a civil fine of up to EUR 300,000, which may be increased to 10% of average annual turnover (Article L.242-18-1 of the French Consumer Code).

Consumers also benefit from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles consumers to a price reduction if they retain the digital content or digital service, or a full refund if they relinquish it.

Heptode is responsible for the proper performance of its contractual obligations under applicable law.

Physical products must be used in accordance with their intended purpose, instructions and basic safety requirements.

Digital products must be used in accordance with their applicable EULA and technical documentation.

Heptode cannot guarantee compatibility with equipment, software environments or configurations beyond those expressly specified for the product, subject to mandatory statutory guarantees.

Nothing in these Terms and Conditions excludes or restricts liability or consumer rights that cannot lawfully be excluded or restricted.

Information provided during an order is processed to manage payment, fulfil the purchase, deliver physical products or software licenses, issue invoices, provide customer support and comply with applicable legal obligations.

For digital purchases, Heptode may also record the customer’s IP address, approximate country determined from that address and declared country of residence, notably for taxation, fraud prevention and transaction verification purposes.

Digital software activation and license verification may involve additional technical data processing, as described in the relevant EULA.

Further information, including data retention and customer rights, is available in the Privacy Policy on the Heptode website.

If a dispute arises, the customer is invited to contact Heptode in writing to seek an amicable solution.

If the dispute remains unresolved, the consumer may refer the matter free of charge to the competent consumer mediator, under the conditions provided by the French Consumer Code.

The designated mediator is:

Société Médiation Professionnelle
Alteritae 5
Rue Salvaing
12000 Rodez
France

www.mediateur-consommation-smp.fr

These Terms and Conditions are governed by French law.

This choice does not deprive consumers residing in another country of mandatory consumer protections applicable to them under relevant law.

In the event of a dispute, the parties will first seek an amicable settlement.

Customers may exercise their right of withdrawal using the online form available.

The form is intended for both physical and digital purchases.

Alternatively, customers may send Heptode an unambiguous statement identifying the order and the product or software license concerned.

Use of the online form is not mandatory.

Heptode will acknowledge receipt of the withdrawal request by email.