These Terms of Sales detail the contractual relations between the seller Difraxis, 11 rue du Port de Vénasque, 31750 Escalquens, France (SIREN: 538 796 343) and the buyers (wizYsmart customers), in the context of the online sale (via the internet) of wizYsmart products using its dedicated wizYsmart Manager application.
The products offered for sale are exclusively products created and developed by Difraxis, using the Allplan software in particular, for use with the Allplan software. The compatible versions are displayed for each product in their presentation sheet, accessible in wizYsmart Manager.
Any order implies the buyer’s unreserved acceptance of these Terms of Sales and constitutes acceptance of the Product License Agreement. The buyer acknowledges having received the necessary information to ensure that the offer meets their needs. He declares that he has the capacity, particularly legal, to enter into this sales contract.
The seller reserves the right to modify these Terms of Sales at any time without notice. For the customer, the version that concerns him during a purchase is the one in force at the time of validation of his order.
Product or update ordering must be done through the dedicated application called wizYsmart Manager. This tool is necessary for the creation of the customer account, for the order, for the installation and for the use of the products. A product cannot be used without wizYsmart Manager.
Orders can only be done using wizYsmart Manager. For any special request, the customer must make the request directly to Difraxis, in particular via the Contact page of the Difraxis website.
When ordering, a billing address other than the wizYsmart account address may be specified. A purchased product can only be used by Allplan workstations associated with the wizYsmart account of the customer indicated in the order. The billing address is only an administrative indication. The user license holder is only the customer defined by the wizYsmart account indicated in the order.
The products are dematerialized elements usable only with Allplan software and require acceptance of the License Agreement.
The customer is invited to check the contents of his order before proceeding to payment. Payment confirms acceptance of the Terms of Sales and the License Agreement for the selected products.
In the event of an error, please contact Difraxis as soon as possible in order to define the solution to be adopted.
The prices indicated are quoted without tax (excluding VAT). The application of VAT is defined by the current rules and are summarized before making the payment. Any error or special provision must be reported to Difraxis before validating the payment.
Difraxis reserves the right to modify its prices at any time and without notice.
Payment is made at the time of ordering only and by credit card within the wizYsmart Manager application. The Difraxis bank payment platform is used. This platform is secure and does not transmit any banking information to Difraxis. Payment is made from bank to bank. Only the result of the payment is sent to Difraxis to validate or refuse the order.
When payment is validated, a confirmation email with the attached invoice is sent to the buyer at the address indicated in his wizYsmart account and possibly to an additional address indicated in the billing details of the order. The product can then be installed and used immediately.
In the event of an error or malfunction, Difraxis can cancel the order and remove the product use rights. If such a case happened, Difraxis would contact the client and work with him to define the best solution to adopt.
Products are only delivered "online" using wizYsmart Manager. They can be installed and uninstalled at any time through this app.
These products are intended for professionals only, so no withdrawal clause can be applied.
The copyrights relating to wizYsmart Manager and its contents and services and to any part developed by Difraxis are the property of Difraxis. This means the copy or backup those computer data, as well as all electronic and accompanying documentation file, according to the validated license agreement when ordering a product or during installation of wizYsmart Manager.
Difraxis guarantees the buyer the correct functioning of the product with the versions of Allplan indicated in the product sheet as well as the conformity of the product with what it was created for. Performance variations may appear depending on the versions of Allplan or the hardware configurations and may not in any case come within the scope of the guarantee. Difraxis makes every effort to distribute quality products but cannot guarantee that the products are faultless. The buyer can contact Difraxis if he notices a malfunction and Difraxis will do its best to remedy it. If, however, for technical reasons or incompatibilities certain limits remain insurmountable, the guarantee of proper functioning cannot apply.
In the event of default by one or the other of the parties, the contract in question will be automatically terminated in favor of the other party, without prejudice to any damages that may be claimed from the defaulting party.
Difraxis is only liable for damage resulting from willful misconduct, gross or serious on its part, to the exclusion of any other damage. The liability of Difraxis is in any case limited to the cost excluding tax of the product concerned.
These Terms of Sales are subject to French law, Difraxis being a company established in France. Consequently, in the event of a difference between this document in French and its equivalent in another language, only the text in French may be retained.
Notifications to Difraxis should be sent to the address indicated on the Difraxis website under the heading "Imprint" or via the "Contact" page.
11 rue du Port de Vénasque
31750 Escalquens