Lire en français (Conditions Générales)

Applicable from April 21, 2024

Article 1 – General provisions, purpose and scope of application

MNE company is a micro-business represented by Mr. Thibault Mounès.

RCS number: Paris A 885 225 912

MNE designs and develops software, virtual instruments, effects and sounds (hereafter the “Products”).

Subject to acceptance by the Customer of these terms and conditions of sale (hereafter “General Conditions”), these Products are accessible through orders placed on the Website (hereafter « Order »).

Any Product Order implies the prior express and unreserved acceptance by the Client of these General Conditions and the related licences (“EULA”).

The General Conditions applicable are those in force on the date on which the order is validated by the Customer.

However, MNE may modify the present General Conditions at any time, without prior notice, subject to informing the Customers by publishing the said modifications on the Site. MNE will update the General Conditions by indicating the date of the last update in the upper left-hand corner of the present document.

Article 2 – Definitions

In these General Conditions, words beginning with a capital letter shall have the following meaning:

  • Catalog: means all Products marketed on the Site. The Product Catalog is evolving, with MNE removing and adding new Products regularly.
  • Customer: refers to any natural or legal person ordering a Product on the Site. If certain Clients act outside the scope of their professional activity, they are considered Consumers and benefit from the provisions specific to Consumers as indicated below.
  • Order: means both the order or the fact of ordering a Product on the Site.
  • MNE Account: means an account that the Customer must create in order to place an Order for Products.
  • Consumer: designates a Customer who is a natural person not acting within the framework of his professional activity.
  • Updates: means updates or modifications to maintain, adapt or enhance the functionality of the Products, including security updates, whether or not such updates are necessary to maintain the compliance of the Products.
  • Method of payment: means the payment method chosen by the Customer to place an Order for Products among two payment methods authorized on the Site, i.e. payment by credit card and payment via PayPal. The payment service providers are PayPal and Stripe.
  • Products: refers to the creations designed and developed by MNE and marketed through user licenses and including software, virtual instruments, effects, sounds. MNE is free to add or remove Products from its Catalog on its Site.
  • Site: shall designate the Internet site www.mnemnemne.fr

Article 3 – Creation of an MNE Account

To Order one or more Products, the Customer must create an MNE Account on the Site.

The Customer is entirely responsible for maintaining the confidentiality of his password. The Customer agrees not to use the MNE account, name, email, or password of another person and agrees not to disclose his or her password to a third party.

Under no circumstances can MNE be held responsible for the use of a MNE Account by a third party who has a Customer’s password.

The Customer agrees to immediately notify MNE in the event that he suspects unauthorized use and/or theft of his password. In such a situation, the Customer must change his password.

Article 4 – Order a Product

4.1 Description of Products

MNE Products are described on the Site at the following URL: www.mnemnemne.fr/shop.

The main characteristics of the Products, including their functionalities, compatibilities, interoperabilities and the existence of any restrictions of installation, as well as their price, can be consulted on the Product sheets accessible from the above-mentioned pages. Product offers are valid as long as they appear on the Site.

4.2 Methods of placing an Order 
Once the Customer’s MNE Account has been created, the Customer can check his shopping cart. By clicking on « validate and pay », the Customer agrees to accept the General Conditions applicable to his Order and the EULA governing the use of the Product.
All Orders will be acknowledged by and e-mail sent by MNE with the details of the Order.
4.3 Methods of payment for the Products

All prices are quoted in euros.

Payments can be made by any Payment Method accepted by MNE and must be received by MNE prior to Order confirmation.

After confirmation of the Order, the Customer will receive by email the serial number(s) of the Product(s) ordered. The serial number(s) are also available on the Site as well as on the invoice, which will be available for consultation on the Site.

Article 5 – No right of withdrawal

AS A REMINDER: the right of withdrawal granted in principle only to Consumer Customers within fourteen days of the order date is not applicable to downloadable Products, not supplied on a physical medium, as soon as the Customer downloaded the Produced prior to the end of the 14 days, thus waiving its right of withdrawal in accordance with the provisions of article L.221-28 13° of the Consumer Code.

Free, fully functional trial versions with a limited period of operation are made available to customers so that they can test whether the products meet their needs before placing an order.

Article 6 – Right of use on the Products

All Products are subject to a non-exclusive right of use, through the EULA, the terms of which the Customer undertakes to respect. It is expressly recalled, as mentioned in the corresponding licenses, that these are personal to the Customer and not transferable in any way whatsoever.

FAILURE TO COMPLY WITH THIS ARTICLE CONSTITUTES A SERIOUS BREACH OF THESE TERMS OF SALE AND THE TERMS OF THE LICENCE AND EXPOSES THE OFFENDER TO PROSECUTION AND THE TERMINATION OF HIS ACCOUNT.

Article 7 – Warranties

All Products are guaranteed to conform to the specifications described in the Product sheet accessible on the Site.

The guarantee of conformity of the Products is 1 year from the Order of the Product, subject to the installation of any Updates, the user of which will be notified of the availability by email.

In the event of dissolution of the company MNE, the guarantee of conformity of the Products will be interrupted.

During the warranty period, MNE is responsible for any conformity defects that appear and will make the necessary corrections.

Subject to the legal warranties from which the Consumer Clients benefit and reproduced below, MNE declines all responsibility in the event of deterioration or loss resulting from improper installation of the Products by Customers or from the use of these with defective, incompatible or incorrectly installed digital equipment or environments.

Likewise, MNE declines all responsibility due to the negligence of Customers in the use of the Products, inappropriate use or non-compliance with the manuals or instructions for use accessible on the Site or even the failure to install an update. update which would have been made available by MNE.

Article 8 – Product Update

It is reminded that MNE may not maintain the compatibility of some of its Products with specific operating systems. This information will be made available [to Customers / Consumers] on the Product sheet and if the Customer has already Ordered the Product, MNE may inform the Customer of the discontinuation of compatibility with certain versions of operating systems by respecting a deadline in accordance with legal provisions.

9.1 Necessary updates

Some Products may require downloading Updates that would be necessary to maintain Product compliance. The MNE company informs, via email, Customers of these Updates, their availability and the consequences of their non-installation.

The MNE company is not responsible for defects in conformity that would result from their non-installation by Customers within 5 days.

9.2 Unnecessary updates

The MNE company informs the Customer via email of Updates which are not necessary to maintain the conformity of the Products.

In such a case, MNE informs Customers, reasonably in advance, of the planned update, specifying the date on which it occurs, at no additional cost.

The Consumer Customer may refuse the Update that is not necessary to maintain the conformity of the Products presented to them by MNE for a Product, or uninstall such an Update if it has a negative impact on his access to or use of the Product.

In this case, the Consumer Customer may terminate the contract within a maximum of 30 days, unless the Update that is not necessary to maintain the conformity of the Product has only a minor impact on it. The Consumer Customer loses this right to terminate the contract if MNE offers to keep the Product without the Update, including if MNE offers to uninstall the Update concerned.

Article 9 – Intellectual property

All elements contained on the Site, namely the Products but also the brands, texts, images, videos, logos, icons, are protected by laws relating to intellectual property and MNE alone holds all the property rights. intellectual property or exploitation rights.

Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is forbidden without prior written and express agreement granted by MNE.

Article 10 – Personal data

You can find information about the processing of your personal data by MNE by reading our privacy policy here.

Article 11 – Liability

MNE can only be held responsible for direct damage caused by its fault, the proof of which must be provided by the Customer.

Subject to any applicable law prohibiting the exclusion or limitation of liability, in no event shall MNE’s total liability exceed the total cost of the defective Products supplied, which are the subject of the claim.

Article 12 – Default

In the event of a breach by the Customer of its obligations hereunder, not remedied within five (5) days after sending a warning has been sent by email to remedy the breach, MNE may suspend the use of the Products, subject of the Order for which the Customer has failed to fulfill his obligations

If at the end of the five (5) days mentioned above, the Customer has not remedied the breach, MNE shall be entitled to invoke the termination provision by sending the Customer a formal notice to remedy the breach, by registered letter with acknowledgement of receipt. If after ten (10) days, the breach has still not been remedied, these terms and conditions will be terminated by operation of law and the Customer will no longer have access to the Products that are the subject of the Order in question, nor to the Subscription to which it had subscribed; the Customer will no longer have access to the Catalog of Products.

Termination hereof shall consequently implies the termination of the EULA licenses for the Products affected by the termination.

Article 13 – Complaints and mediation

If you are a Consumer and you have a complaint, you can send it to us at the following address: reclamation@mnemnemne.fr

In the absence of an amicable solution with MNE, the Consumer has the right to have recourse to the consumer mediator to which MNE belongs, namely the mediation system The Association of European Mediators, AME Conso.

Mediation is a free, confidential and rapid amicable dispute resolution process that the Consumer and/or MNE is free to accept and interrupt at any time. The mediator of consumption is an independent person whose mission is to propose a solution to the dispute opposing the professional and the consumer through an opinion that the Consumer and/or MNE is free to accept or refuse.

The Consumer may contact the AME Conso by email at the address https://www.mediationconso-ame.com/demande-de-mediation-ame.html or by post: 11, place Dauphine 75001 Paris. The AME Conso website is: https://www.mediationconso-ame.com/.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals from the European Union. This platform is accessible at the following link:https://webgate.ec.europa.eu/odr/.

Article 14 – Applicable law and competent jurisdiction

ANY DISPUTE RELATING TO THE EXECUTION OR INTERPRETATION OF THE PRESENT CONTRACT WITH A NON-CONSUMER CUSTOMER SHALL BE BROUGHT BEFORE THE COMMERCIAL COURT OF PARIS.

Disputes with Consumer Customers shall be brought before the competent courts.

Article 15 – Miscellaneous

16.1 If one of the provisions of the General Conditions should be declared null and void or inapplicable, it will be modified in order to obtain its validity or will be deemed unwritten but will not lead to the nullity or invalidity of the General Conditions or of its other provisions.

16.2 The fact that MNE does not, at any given time, avail itself of any of the provisions hereof, shall not be construed as a waiver of any of the said provisions.

16.3 These General Conditions are written in English. However, in the event of contradiction in terms, the French version of these General Conditions shall prevail.

16.4 If you are a Consumer, we inform you that you can register on the opposition list to telephone solicitation Bloctel.

16.5 For Consumer Customers: in accordance with the provisions of the Consumer Code applicable to Consumer Customers, the latter benefit from (i) the legal guarantee of hidden defects under the conditions of article 1641 of the Civil Code for a period of two years from the discovery of the hidden defect as well as (ii) the legal guarantee of conformity under the conditions of article L.224-25-12 and following of the Consumer Code, it being specified that MNE guarantees all its clients against defects in its Products in relation to their characteristics provided on the Site.

In accordance with the French Consumer Code, the provisions of Articles L. 224-25-12, L. 224-25-13, L. 224-25-14, L. 224-25-15 et L. 224-25-16 as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below.

 

Article L. 224-25-12 of the Consumer Code :

“The trader shall provide digital content or a digital service that complies with the contract and the criteria set out in Article L. 224-25-14.

Where the contract provides for a one-off supply of the digital content or service, or a series of separate supply operations, the trader shall be liable for any lack of conformity existing at the time of the supply and which appears within two years of the supply.

Where the contract provides for the digital content or digital service to be supplied on a continuous basis, the trader shall be liable for lack of conformity which becomes apparent during the period in which the digital content or digital service is supplied under the contract.

The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25.

The trader is also liable, within the same time limits, for lack of conformity resulting from the incorrect integration of the digital content or service into the consumer’s digital environment where this has been done by the trader or under his responsibility, or where the incorrect integration done by the consumer results from shortcomings in the instructions provided by the trader.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point of the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity.”

 

Article L. 224-25-13 of Consumer Code :

“The digital content or digital service conforms to the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract ;

2° It is fit for any special purpose sought by the consumer, made known to the trader at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is supplied with all the accessories, including packaging, installation instructions and customer support, to be provided in accordance with the contract;

(4) It is updated in accordance with the contract.”

 

Article L. 224-25-14 of Consumer Code :

“I.-In addition to the compliance criteria set out in the contract, the digital content or service is compliant if it meets the following criteria:

1° It is fit for the purpose normally expected of digital content or a digital service of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards, or in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ;

2° Where appropriate, it has the qualities which the trader has presented to the consumer in the form of a trial version or preview before the conclusion of the contract;

  1. It shall be supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° In the case of continuous provision of digital content or a digital service during a given period, it is provided without interruption throughout that period;

  1. Where applicable, it is provided with all the accessories and installation instructions and customer support that the consumer may reasonably expect;

6° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 224-25-25 ;

7° It corresponds to the quantity, quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that the consumer can legitimately expect for digital content or digital services of the same type, taking into account the nature of these contents or services as well as public statements made by the professional, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling

II – However, the professional is not bound by any public statements mentioned in the last paragraph of I if he demonstrates:

1° That he did not know them and was not legitimately in a position to know them ;

2° that at the time the contract was entered into, the public statements had been corrected under conditions comparable to the initial statements; or

(3) that the public statements could not have influenced the decision to contract.

III.-The consumer may not contest compliance by invoking a defect concerning one or more particular characteristics of the digital content or digital service, which he was specifically informed deviated from the criteria for compliance set forth in this article, deviation to which he expressly and separately consented at the time of the conclusion of the contract.”

 

Article L. 224-25-15 of Consumer Code :

“Where, on the occasion of the contract, processing of personal data is carried out by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to other remedies provided for by these texts.”

 

Article L. 224-25-16 of Consumer Code :

“I.-Defects in conformity which appear within twelve months of the supply of the digital content or digital service shall be presumed to have existed at the time of that supply, in the absence of proof to the contrary.

Where the contract provides for the continuous supply of the digital content or digital service during a given period, the burden of proof as to whether the digital content or digital service was in conformity during the contractual period of supply shall lie with the trader in the case of a lack of conformity appearing during that period.

The trader shall not be liable for the lack of conformity if he demonstrates that the lack of conformity is directly attributable to the incompatibility between the digital content or service and the consumer’s digital environment and that the consumer had been informed by the trader of the technical requirements for the compatibility of that content or service before the contract was concluded.

The consumer is obliged to cooperate with the trader, to the extent reasonably possible, necessary and least intrusive for him, in order to determine whether the lack of conformity is caused by that incompatibility. Otherwise, the burden of proof referred to in the first or second paragraph of I of this Article, shall lie with the consumer provided that the consumer has been informed in a clear and comprehensible manner of his obligation to cooperate before the conclusion of the contract.”

 

Article 1641 of the French Civil Code:

“The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.”

 

Article 1648 paragraph 1 of the French Civil Code:

“The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect.”