Last update: February 02, 2024

1. Acceptance of Terms and Conditions

These general terms and conditions of sale (the "General Terms and Conditions of Sale") govern the relationship between HARMAN PROFESSIONAL, INC, a company incorporated under foreign law, registered with the R.C.S of Paris under number 979 904 679, and whose registered office is located at 12 bis rue des Colonnes Du Trône, 75012 Paris ("we", "us", "our") and the customer (the "Customer" or "you") of the website https://shop.flux.audio/ (the "Site").

You declare that you have read the General Terms and Conditions of Sale before placing your order for software (hereinafter the "Product(s)"). By choosing to purchase the Product(s) on the Site, and by checking the box provided for this purpose, you expressly accept the Terms and Conditions of Sale.  

In the event of any contradiction between the General Terms and Conditions of Sale and any other document appearing on the Site, including a quality charter or equivalent document, the General Terms and Conditions of Sale shall prevail.

We reserve the right to modify the General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale applicable to the purchase of Product(s) will be the General Terms and Conditions of Sale in force at the time of your confirmation of purchase with payment.

2. Price

Prices displayed on the Site are in Euros (EUR), all taxes included. Transactions are denominated in Euros.

The price indicated in the summary of your order is the final price. This price includes the total price of the order with details of each Product.

We reserve the right to modify the Products and prices displayed on the Site at any time. Products will be invoiced on the basis of the prices in force at the time of your order, subject to availability.

In the event of an obvious error in the price, due to a data entry error, which renders the price particularly derisory in relation to the Product sold, we reserve the right to cancel the sale.

Our sales are concluded with reservation of title. Products remain our property until full payment has been received. 

3. Control

The steps for ordering the Product(s) on the Site are as follows: 

1. Select the Product you wish to purchase; 
2. Add it to your cart; 
3. Create an account on the Site by linking it to your iLok account;
4. Enter your billing address;
5. Select your payment method;
6. Check your order information on the order summary page;
7. On the same page, click on the "Order and Pay" button at the end of the order process. By checking the box "I have read and accept the "Terms and Conditions of Sale", the "Terms and Conditions of Use" and the "Privacy Policy", you acknowledge that you have read and accepted the Terms and Conditions of Sale without restriction or reservation. The version of the General Terms and Conditions of Sale in force on the date of your order shall prevail over any other contradictory document and over any previous version of the General Terms and Conditions of Sale.

The data we record constitutes proof of all transactions between us and our customers. 

The data recorded by the payment system constitutes proof of the financial transactions.

We will confirm your order by email to the address you gave us when you created your account. The General Terms and Conditions of Sale will be attached to the email. We invite you to save the General Terms and Conditions of Sale received with the order confirmation, for documentation purposes, future reference and identical reproduction. 

In the case of payment by creditcard, the sale will be concluded once payment has been accepted and the order has been confirmed by us.

We reserve the right to refuse or cancel any new order from a customer for any legitimate reason, particularly in the event of an existing dispute. Furthermore, in the event of a problem with the processing of your order, we will contact you directly using the contact details you provided when you placed your order, in order to inform you of the problem and propose a solution.

When placing an order, you will be asked to provide us with the following information: first and last name(s), address, town, zip code, telephone number.

In the event of an error in the recipient's details, which you provided at the time of ordering, particularly if they are incomplete, we will not be held responsible for the impossibility of delivery.

4. Duration

The characteristics of the Product(s), in particular the duration of certain software licenses where applicable, are described on the Site on the page for each Product concerned. Intellectual property rights relating to the Product are licensed under the conditions described in the license agreement for the Product concerned. 

In the case of subscription-based Products, the subscription is automatically renewed at the end of the initial term, and you will continue to pay or be charged for this subscription, unless you expressly terminate the license. Exceptions exist for subscriptions with a minimum commitment period, which is described for each Product concerned.

5. Payment

The price of the Products is payable on the day the order is placed. This price is indicated during the ordering process described in article 3 above, as well as, after the order has been placed, on the order confirmation that we will send you by e-mail.

Unless explicitly stated otherwise in writing, payment shall be made using one of the payment methods indicated on the Site.

The personal information you provide is fully protected and encrypted before transmission to the processing center.

Your order will only be considered effective once the payment center (PayPal or Stripe) has given its approval. In the event of refusal, your order will be automatically cancelled and you will not be charged.

6. Trials 

You can try certain types of Products free of charge for a period of 30 days by using the request form available here: https://shop.flux.audio/en_GB/account/trial/request.

To benefit from this trial, if it is available for the selected Product, you must follow the steps below: 

1. Create an account on the Site by linking your iLok account to it;
2. Select the Product you wish to try;
3. Click on the "Add" button; 
4. Activate your trial license in ILok Licence Manager.

At the end of the thirty (30) day period from the activation of the trial license, if you wish to continue using the Product, you have the option of taking out a paid subscription or purchasing the license.

This test is limited to one test per type of Product, and per iLok account. 

7. Legal warranties

As a consumer, you benefit from the legal guarantee of conformity of digital content and services, in accordance with articles L. 224-25-12 et seq. of the French Consumer Code, and the legal guarantee against hidden defects, in accordance with articles 1641 et seq. of the French Civil Code, under the conditions defined in the boxes below, one of the boxes relating to the conditions applicable in the event of a one-off supply of the Product or series of separate supplies of the Product (article 7.1 below), the second box relating to the conditions applicable in the event of continuous supply of the Product (article 7.2 below), for the duration specified at the time of purchase and in the confirmation e-mail. Your rights relating to legal guarantees may be exercised by contacting us at the postal address, e-mail address and/or telephone number indicated in article 22 of the General Sales Conditions. For the avoidance of doubt, in the boxes below, the term "professional" refers to us, the term "consumer" refers to you, and the terms "digital content" and "digital service" refer to the Product that you order on the Site and that we supply to you.

1. One-off supply of the Product, or series of separate Product supply operations 

Consumers have a period of two years from the date of supply of the digital content or service in which to invoke the legal warranty of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.

The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract with a full refund in exchange for relinquishing the digital content or digital service, if :

1. The professional refuses to bring the digital content or service into conformity;
2. The compliance of the digital content or service is unjustifiably delayed;
3. The digital content or service may not be brought into conformity at no cost to the consumer;
4. Bringing the digital content or service into conformity causes major inconvenience to the consumer;
5. The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or rescission of the contract when the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied again in conformity.

The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to EUR 300,000, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

In addition, the consumer benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

2. Continuous product supply

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual period of supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the contractual period of supply of the digital content or digital service.

The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract with a full refund in exchange for relinquishing the digital content or digital service, if :

1. The professional refuses to bring the digital content or service into conformity;
2. The compliance of the digital content or service is unjustifiably delayed;
3. The digital content or service may not be brought into conformity at no cost to the consumer;
4. Bringing the digital content or service into conformity causes major inconvenience to the consumer;
5. The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or rescission of the contract when the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied again in conformity.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to EUR 300,000, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

8.  Right of withdrawal 

You have the right to withdraw from this contract without giving any reason within fourteen days.

The withdrawal period expires fourteen days after the date of conclusion of the contract. 

To exercise your right of withdrawal, you must notify us at HARMAN PROFESSIONAL, INC, 12 bis rue des Colonnes Du Trône, 75012 Paris, email: support@flux.audio, telephone number: +33 2 38 81 23 86, of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You may use the model withdrawal form available in the appendix to the General Terms and Conditions of Sale, but this is not obligatory.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal: In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will refund you using the same method of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.

9. Intellectual property - Software licensing and rights of use

We grant you a license to the intellectual property right(s) relating to the Product(s) purchased, under the conditions described in the license agreement accompanying each Product, which you must expressly accept in order to activate the Product(s) concerned.

10. Updates

If updates are required to maintain the conformity of the Product, we will ensure that you are informed. You are informed that if you do not install these necessary updates, we will not be liable for any lack of conformity resulting from the failure to install them. 

You also hereby authorize us to carry out updates that are not necessary to maintain the conformity of the Product, for the purpose of improving the Product and its performance. You will be notified in advance of any such updates, and such updates will be performed at no additional cost to you. You are free to refuse unnecessary updates or to uninstall them if they adversely affect your access to or use of the Product. 

11. Liability

The Products offered comply with current French legislation.

The photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, we cannot be held liable in the event of an error in one of these photographs or texts.

We shall not be held liable for non-performance of the contract entered into in the event of force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications, flood, fire, disaster.

Hypertext links may lead to websites other than the Site. These third-party websites are not under our control, we do not publish or host them, and they are not our property. We are therefore not responsible for their content, in the event that the content of these third-party websites contravenes the legal and regulatory provisions in force.

In addition, you undertake to respect the conditions and precautions for use of the Products, in particular if they are stipulated on the instructions or on the Site's Product sheets.

We cannot be held responsible for damages of any kind that may result from improper use of the Products.

Certain legislation may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to, at our option: (i) the supplying of the Products again; or (ii) the payment of the cost of having the Products supplied again.

12. Cancellation

The conditions for terminating the license to use the Product are set out in the terms and conditions of the license agreement applicable to the Product in question.

13. Applicable law and disputes

If you contact us beforehand in writing, you can contact the following mediation service, to which we subscribe, for any consumer dispute which has not been settled: Centre de Médiation et d'Arbitrage de Paris (CMAP) - 39, Avenue Franklin D. Roosevelt - 75008 Paris - cmap@cmap.frr - Tel: 01 44 95 11 40. 

At the European level, the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase.

The General Terms and Conditions of Sale are governed by French law. The language of the General Sales Conditions is French. In the event of a dispute concerning the interpretation and/or execution of the General Terms and Conditions of Sale, you may refer the matter to the competent court under French law.

Under Articles 313-1 et seq. of the French Penal Code, fraud is defined as "the act, either through the use of a false name or capacity, or through the abuse of a true capacity, or through the use of fraudulent maneuvers, of deceiving a natural or legal person and thus determining him, to his detriment or to the detriment of a third party, to hand over funds, securities or any property whatsoever, to provide a service or to consent to an act giving rise to an obligation or discharge".

The offence of fraudulent use of a means of payment is punishable by 5 years' imprisonment and a fine of EUR 400,000. Attempted fraud carries the same penalties. Our policy is to prosecute anyone guilty of such attempted fraud. We will not hesitate to press charges if necessary, particularly on the basis of information provided when ordering online (IP address, surname, first name or delivery details).

14. Protection of personal data

The personal data we collect from you and process is essential for the performance of the contract, and in particular for processing the order, forwarding the order and issuing the corresponding invoice. We may also process your personal data for commercial prospecting purposes.

You may exercise your rights with regard to your personal data under the conditions laid down in data protection regulations. You have the right to access, rectify and delete your personal data. You also have the right to limit or object to the processing of your personal data. Finally, you can give instructions on how your personal data will be handled after your death. To exercise these rights, please contact us at privacy@harman.com. 

If you consider that the processing of your personal data is contrary to data protection regulations, you have the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL) - https://www.cnil.fr.

For more information on how we handle your personal data, please consult our privacy policy available at: https://www.flux.audio/privacy/

15. Opposition to cold calling

If we collect your telephone number, you can register on the anti-demarcation list available at http://www.bloctel.gouv.fr.

16. Contract archiving

We will keep and archive for a period of ten years any contract concluded with you, of a value equal to or greater than EUR 120, and you will be able to access them at any time. 

This right of access may be exercised by contacting: https://shop.flux.audio/en_GB/contact/.

17. Minimum service quality levels 

We do not propose any minimum level of service quality.

18. Safety incident

In the event of a security incident, here's our process:

• Assemble team. Coordinate the team of security experts who will assess the severity of the incident, communicate with management and carry out mitigation measures.
• Identify, assess and contain the incident. Identify what has been compromised, and if a particular network is infected but other networks are not, isolate the affected network immediately to prevent the infection spreading. At the same time, retain all data from the infected network for later analysis.
• Recover and restore. If systems or networks are so severely affected that they cannot be operated with confidence, perform full disaster recovery and failover.
• Notify those affected by the breach. If customer or patient data has been compromised in the incident, inform those affected of the breach and offer to pay for any mitigation services they may need.
• Solve internal problems. If a malicious act has been perpetrated by a company employee, notify human resources so that the appropriate measures can be taken.
• Get the word out. Coordinate with corporate marketing and public relations for any message to be sent to the press or public.
• Perform an autopsy on security incidents. Once the security incident has been resolved, examine what happened, how it happened and how steps can be taken to avoid similar incidents in the future. Review policies and practices to reflect any changes.
• Evaluate our team's performance. How long did it take to detect the incident? How long did it take to resolve it? What actions would have been preferable?

Please contact us using the following email address to notify us of any security incident: support@flux.audio.

19. Transfer

We reserve the right to assign the contract to a third party. In the event of such an assignment, we will inform you by email if you are currently using one of our Product(s). This assignment will not result in any reduction of your rights. The assignment will be effective as from the notification sent by email. We shall be discharged of our obligations to you, the assignee replacing us as a party to these Terms and Conditions. The contact details in article 22 and the company information in the preamble will be updated in the General Terms and Conditions of Sale accessible on the Site, and will be communicated to you if you are in the process of using a Product.

20. No waiver

The fact that we do not avail ourselves of a breach by you of any of the stipulations of the General Terms and Conditions of Sale does not constitute a waiver of our rights or of our right to subsequently avail ourselves of this stipulation and/or to make any claim in the event of a breach of this stipulation. Any tolerance with regard to compliance with the stipulations of the General Terms and Conditions of Sale may never, regardless of frequency or duration, be considered as a waiver of the application of the General Terms and Conditions of Sale.

21. Divisibility

The nullity or inapplicability of a stipulation of the General Terms and Conditions of Sale does not affect the validity of the other stipulations, which retain their full force and effect.

22. Contact

HARMAN PROFESSIONAL, INC

12 bis rue des Colonnes Du Trône, 75012 Paris

Email: support@flux.audio

Online form: https://shop.flux.audio/en_GB/contact/

Tel: +33 2 38 81 23 86

APPENDIX

SAMPLE CANCELLATION FORM

(Please complete and return this form only if you wish to withdraw from the contract).

To the attention of :

HARMAN PROFESSIONAL, INC

12 bis rue des Colonnes Du Trône, 75012 Paris

Email: support@flux.audio

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods:

Ordered on (*) / received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate