These conditions apply to the sale of sounds, graphics and software (referred to herein as the "Services") designed for use on mobile telephones by You the Customer, via a download platform. The conditions of use and pricing schedule applicable to the Service are those of the telephone operator. Payment for the download is made via the telephone operator invoices, or through the the credit or bank of the Customer . The cost of this download, as charged by the telephone operator, depends on the applicable pricing schedule of the telephone operator for the country in which the call is made. Services are sent to the mobile phone number provided by the Customer through this web site, or as provided by the customer via SMS text message. Services can be downloaded on mobile phone networks in all countries where this service is available. Download procedure The Customer selects the required Service from the Web site. Once this selection has been made, a new window will open specifying the different possible payment methods along with the reference to be used to obtain the download. This reference will only be valid for thirty minutes after it has been assigned. After thirty minutes, the Customer will need to repeat the selection process. Once the Customer has confirmed and used one of the proposed payment methods, the product will be immediately sent by the Service to the transmission platform of the telephone operator. The latter then sends it to the Customer mobile telephone of the Customer via SMS or via WAP depending on the type of Service selected by the Customer.
The time it takes to receive graphics, music or software depends on the time conditions for sending the SMS or WAP from the transmission platform of the telephone operator to the mobile telephone of the Customer\. The Customer must respect the SMS or WAP reception conditions of his or her telephone operator. The Customer must also ensure that the mobile phone on which the graphic and/or music is to be downloaded is compatible with the service in question. We cannot be held responsible for bad reception or failed reception if the Customer has not respected these conditions. We grant the Customer, or the owner of the mobile phone to which these Services have been downloaded, a non-exclusive, non-transferrable license for personal use of downloaded Services. Copy or transfer of downloaded Services for group or commercial use is not authorised. We are solely responsible for delivering the Service to the SMS or WAP transmission platform of a mobile phone operator. Refunds If a Customer cannot receive the selected service, they may contact the Our customer support service by using the Support form provided on this Internet web site. If the customer support service determines that it is impossible for the Customer to use the service, We will proceed with the refund within one month of receiving the itemized phone bill of the Customer figuring the call concerning the attempted download, or if paid by Credit Card by reversing the charge. However, the Customer is responsible for ensuring that his or her mobile telephone is compatible with this Service. If the Customer does not receive the Service due to the inability of the Customer to read and understand the compatibility information provided on this web site, then there will be no refund available to the Customer for any reason whatsoever. Warranty Subject to applicable regulatory provisions, the Services and other elements available for downloading are provided "as is", and access to them depends on the availability of the Service without express or implied warranty on the part of the Supplier. The risk of its use is assumed by the Customer, under their full responsibility. We do not guarantee that Services proposed will fully meet the expectations of the Customer. In no event shall We be held liable for any damage to your computer or mobile telephone, or loss of data. Advice or information, either written or verbal, obtained by the Customer cannot be construed as a warranty of any kind if it has not been explicitly provided for in these terms. Under no circumstances shall We be liable for any direct, indirect, incidental, third party or consequential damages resulting from the use or the impossibility of use of the Services. All these provisions are subject to English law. In the event of a dispute, the courts in England shall have sole jurisdiction. |
