General terms of sale

November 24, 2010

Article 1  Purpose of agreement

These terms are intended to define the conditions under which KIRISTU, publisher of Ki-Toolbar software, provides Ki-Toolbar software to customers :
temporarily, free download for a trial period of 15 days (fifteen days),
permanently, against payment of a license (obtaining a product key).

To use Ki-Toolbar software, either for free during the trial period of 15 days (fifteen days), or whether against payment of the license, you must read the License Agreement End User (hereinafter "EULA") and accept it without reservation.
Using Ki-Toolbar software requires acceptance of the EULA. You can refuse the EULA, then you must not use Ki-Toolbar software.

See the EULA on download page : www.kitoolbar.com/Download

KIRISTU reserves the right to modify these Terms and the EULA of Ki-Toolbar software. As a customer, you can know changes by KIRISTU's information e-mail as necessary.

Article 2  Identification of KIRISTU seller

KIRISTU
Sur les Moulins
Avressieux 73240 FRANCE
contact@kitoolbar.com
INSEE Statistics and Economic Studies National Institute France
Directory of Companies and Establishments
SIREN No. 520 639 802
Not subject to VAT

Article 3  Details of Ki-Toolbar software

The property affected by these conditions is Ki-Toolbar software, a Microsoft Windows XP/Vista/7 utility that provides customizable toolbars and taskbars on your desktop.
Ki-Toolbar software is only available for download (no CD sold).
The description of Ki-Toolbar software is available on our homepage: www.kitoolbar.com.

KIRISTU offer for Ki-Toolbar is valid in countries whose currency is either dollar (U.S., Canadian, Australian), or euro or Swiss franc or Sterling pound.

Payment is made from the secure PayPal website by credit card or PayPal account. PayPal accepts 19 several currencies.
You can contact KIRISTU via the contact form available on www.kitoolbar.com/Contact or by e-mail to contact@kitoolbar.com.

When placing your order, you sign the offer which is valid for thirty days (30 days). It is understood that the customer downloads Ki-Toolbar software before awarding and payment of the order, so you must have software on your computer before ordering Ki-Toolbar.

The purchase of Ki-Toolbar software corresponds to the purchase of a license (obtaining a product key).
You can not exercise any right of withdrawal once Ki-Toolbar software paid. Indeed, your payment triggers the sending of the key product for which there is no right of withdrawal. Your payment entered into a definitive contract to Ki-Toolbar software (see Article 9 Law and time of return).
KIRISTU not proceed to any refund from the moment you have paid your license to use and well received your product key (see Article 11 Rules for refund).

Article 4  Conditions of contract kiristu seller

Before buying Ki-Toolbar software, you can download it for free from KIRISTU www.kitoolbar.com/Download so try it free for 15 days (fifteen days).

The five quick and easy steps to follow to buy Ki-Toolbar software are:
1) Select your currency and enter only valid personal e-mail (insert your name is optional).

2) Confirm your e-mail when you pre-order in one click.

3) An e-mail confirmation of your pre-order is then sent, it contains a clickable link to validate the accuracy of your e-mail. Use this link to complete your order on www.kitoolbar.com website.

4) You can then make your payment on PayPal's secure server with secure banking transactions, either by credit card or PayPal account.
Once your banking transaction is confirmed, you will receive by e-mail your product key Ki-Toolbar software.

5) Record your product key from Ki-Toolbar software (from the first use or later) through the recording menu (right click). You will then enter your e-mail and your personal product key.

If an error occurs during your pre-order, do not perform Step 3: Do not link to your erroneous pre-order. Return to order page www.kitoolbar.com/Order and make a new command.

If an error when finalizing your order, do not perform Step 4: Do not bank transaction. Return to order page www.kitoolbar.com/Order and make a new order.

You can contact KIRISTU via the contact form available on www.kitoolbar.com/Contact or by e-mail to contact@kitoolbar.com.

The languages offered for the conclusion of this contract shall be English and French.

Your contract will be archived by KIRISTU which you can contact via the contact form available on www.kitoolbar.com/Contact or by e-mail to info@kitoolbar.com (see Article 12 Personal data).

Article 5  Price of Ki-Toolbar software

The price of Ki-Toolbar software corresponds to its license (obtaining a product key) and is:

   9 EUR (nine Euros), or equivalent to,
   12 CHF (twelve Swiss francs), or to,
   11 USD (eleven US Dollars) , ou to,
   8 GBP (eight Sterling Pounds).

KIRISTU is not subject to VAT.

Ki-Toolbar software is only available for download (no CD sold).

Payment is made from the secure PayPal website by credit card or PayPal account. PayPal accepts 19 several currencies.

Article 6  Conclusion of online contract

Before confirming your pre-order in one click, thank you to verify your information (choice of currency, valid personal e-mail, name if specified).
If an error occurs during your pre-order, do not link to your erroneous pre-order. Return to order page www.kitoolbar.com/Order and make a new order.

You will receive an e-mail confirming your pre-order with a link to finalize your order on www.kitoolbar.com website then make your secure payment from PayPal website by credit card or PayPal account.

Prior to the payment of your order is completed, thank you to verify your information (choice of currency, personal e-mail valid name if specified).
If an error when finalizing your order, do not bank transaction. Return to order page www.kitoolbar.com/Order and make a new order.

Before payment, you confirm that you can not exercise any right of withdrawal once Ki-Toolbar software paid. Indeed, your payment triggers the sending of the key product for which there is no right of withdrawal. Your payment entered into a definitive contract to Ki-Toolbar software (see Article 9 Law and time of return).

You will receive an e-mail confirming your payment and providing you the Ki-Toolbar software product key.

You can contact KIRISTU via the contact form available on www.kitoolbar.com/Contact or by e-mail to contact@kitoolbar.com.

Article 7  Payment

The purchase of Ki-Toolbar software corresponds to the purchase of a license (obtaining a product key).
Payment is made from the secure PayPal website by credit card or PayPal account. The rules for the secure PayPal is immediate and notified by e-mail. PayPal accepts 19 several currencies.

Article 8  Delivery of software Ki-Toolbar

It is understood that the customer downloads Ki-Toolbar software before awarding and payment of the order, so you must have software on your computer before ordering Ki-Toolbar.
The software purchase Ki-Toolbar corresponds to the purchase of a license (obtaining a product key).
The delivery of the product key is sent by e-mail, a few minutes after confirmation of your payment.

Article 9  Term and right of withdrawal

Before buying Ki-Toolbar software, you can download it for free from www.kitoolbar.com/Download for a trial period of 15 days (fifteen days).

You can not exercise any right of withdrawal once Ki-Toolbar software paid. Indeed, your payment triggers the sending of the key product for which there is no right of withdrawal. Your payment entered into a definitive contract to Ki-Toolbar software.

Article 10  Warranty

As stated in the EULA (License Agreement End User), KIRISTU is obliged to any warranty. Extract from the EULA: "KIRISTU expressly disclaims any warranty for the software PRODUCT. The software PRODUCT is provided 'As Is' without any express or implied warranty of any kind". You're supposed to know the EULA and Terms of Use before using any Ki-Toolbar software.

See the EULA on download page : www.kitoolbar.com/Download

Article 11  Terms of reimbursement

It is understood that the customer downloads Ki-Toolbar software before awarding and payment of the order, so you must have software on your computer before ordering Ki-Toolbar.
KIRISTU shall not make any refund from the moment you have paid your license to use and well received your product key.

You can contact KIRISTU via the contact form available on www.kitoolbar.com/Contact or by e-mail to contact@kitoolbar.com.

In the event that you do not receive the product key that you would have paid, and a delay of more than seven working days (7 days) from the date announced and not justified by force majeure, you have to apply your product key to KIRISTU by e-mail to productkey@kitoolbar.com from your personal e-mail, with proof of payment (copy of e-mail confirmation of your PayPal payment).
KIRISTU proceeds to verify your order and your PayPal payment and send you by e-mail your product key as soon as possible (from the check and up to seven working days (7 days)).
If your request for product key, made in good faith and following the procedure detailed above, should not be honored under the announced time of seven working days (7 days) your application, you can withdraw your order by registered mail with return receipt and obtain a full refund of monies paid within thirty days (30 days).

PayPal reimburses the original currency of payment using the same conversion rate as that used for payment.
For payments supplied using a bank account or PayPal balance, PayPal shall refund to your PayPal balance.
For payments provisioned using a credit card, PayPal shall refund the balance on your credit card.
For payments provisioned using a bank card and another source, PayPal will refund the amount paid using your credit card on balance it and the rest on your PayPal balance.

At PayPal, taking into account repayments on credit cards can take up to thirty days (30 days) after the end of the refund, as the regulations on credit cards.

Article 12  Personal data

The information collected by KIRISTU are subject to a treatment designed to complete your purchase software Ki-Toolbar. The recipient of the data is only KIRISTU. The KIRISTU use of your information is in the exclusive setting of the various steps needed to purchase the software Ki-Toolbar:
   - confirmation of pre-ordering KIRISTU,
   - sending the product key by KIRISTU after confirmation of your payment,
   - any e-mail messages from KIRISTU, if updates of Ki-Toolbar software and conditions of sale.

Under French law "Informatique et Libertés" n° 78-17 of January 6, 1978, as amended by Act n° 2004-801, you have the right to access and correct information about you that you can exercise by contacting by e-mail KIRISTU info@kitoolbar.com.
You can also, for legitimate reasons, oppose the processing of data about you. You can contact by e-mail KIRISTU info@kitoolbar.com.

You are solely responsible for the data you provide to KIRISTU. In no way the responsibility of KIRISTU can be initiated on the data you provide. You must take all precautions necessary for the confidentiality of your personal data (including your e-mail). You agree not to disclose or transfer in any way your data to third. You agree to immediately notify KIRISTU of any unauthorized use of your confidential data, such as your e-mail staff.

Article 13  Applicable law

This contract is governed by the law of your residence.

Article 14  Settlement of disputes

You can choose between several methods for settling disputes.

Mediation Clauses

Disputes may arise about the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be submitted to the mediation rules of CMAP (Centre Mediation and Arbitration of Paris, or MEDAL, International Alliance of Mediation Centres) to which the parties committed themselves.

Clause line recommendation

Disputes may arise about the validity, interpretation, performance or nonperformance, interruption or termination of this contract will be subject to Recommendation Online CMAP (Center for Mediation and Arbitration of Paris) to which the parties committed themselves.

KIRISTU supports the cost of mediation or recommendation online.

Clause referring to the common law

If the request is made by the consumer, the court having territorial jurisdiction in cases of dispute is, choice to the consumer, the court of the KIRISTU seller' state or the court of the consumer' state.

If the request is made by the merchant KIRISTU, the court having territorial jurisdiction in cases of dispute is the court of the consumer' state.

Article 15  Force majeure

KIRISTU can not be held responsible for any interruption of operation of www.kitoolbar.com website due to unforeseen circumstances or reasons beyond its control, including but not limited to: natural disasters such as fires, floods, earthquakes, hurricanes, tropical storms or other, war, insurrection, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts, strikes or shortages of transportation, infrastructure, fuel, energy, labor or materials, breakdown of infrastructure providing telecommunications services and information, piracy (hacking), the Spam or any failure of a computer, server or software.