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Terms
and conditions advice
A
good terms and conditions should read like this.
TERMS AND
CONDITIONS ("Terms")
1. Scope
These terms apply to purchases of software and digital content ("Products")
sold to any person or entity ("You") through this website by
<the website you are visiting> or its Affiliates ("<the
website you are visiting>"). IF YOU PLACE AN ORDER ON THIS WEBSITE
YOU AGREE TO THESE TERMS.
2. Offer, Order and Acceptance
All prices and descriptions mentioned on this website do not constitute
an offer and may be withdrawn or modified at any time prior to <the
website you are visiting>'s acceptance of your order. <the website
you are visiting> cannot guarantee that all Products (including download
links, license keys, codes or Backup CDs, hereafter named generically
product(s)) are in stock, but is doing its best to ensure availability
of the products.
<the website you are visiting> reserves without liability the right
to reject your order if is not able to process or fulfill it. In this
case <the website you are visiting> will refund any prior payment
that you have made for that product. Any order submitted by you to <the
website you are visiting> is an offer to purchase products on these
conditions and is subject to <the website you are visiting>'s acceptance.
<the website you are visiting>'s acceptance of your order takes
effect and the contract is concluded when <the website you are visiting>
delivers your order. You declare that all and any information provided
by you when placing an order is up-to-date and materially accurate in
order for <the website you are visiting> to fulfill your order.
You are responsible for maintaining and updating your account information
for accuracy and completeness and keeping such information and any passwords
secure against unauthorized access.
3. Price and Payment
Prices payable for Products are those in effect at the time of receiving
the order, unless otherwise expressly agreed or mentioned. Prices will
be indicated on the website but the final and the right price in the event
of any discrepancy is the price that is notified to you on <the website
you are visiting>'s Acceptance of your order.
<the website you are visiting> reserves the right prior to the order
Acceptance to withdraw any discount and/or to modify prices, to take into
account increases in costs including (without limitation) costs of any
materials, delivery, the increase or imposition of any tax, duty or other
levy and any variation in exchange rates. Programming or data errors in
our website may lead to inaccuracies in pricing. When the price is inaccurate
or substantially under the market price, <the website you are visiting>
will, in general, honor the orders, but reserves the right to correct
the price and offer to sell the product to you at the correct market price.
<the website you are visiting> will notify you of any errors in
pricing prior to product delivery. In such event if you choose to continue
with your order, you accept the new conditions and prices as notified
by <the website you are visiting>. Prices (unless stated otherwise)
are in the currency quoted on the website.
The places that we deliver to are listed on the website and, unless otherwise
specified, prices quoted are the following and you agree to pay them:
exclusive of the costs of shipping or carriage to the agreed place of
delivery
exclusive of VAT and any other tax or duty which must be added to the
price payable (VAT will be shown on the order);
Payment shall be made prior to delivery and by such methods that are indicated
on the website or by any other method expressly agreed by <the website
you are visiting>. <the website you are visiting> will charge
credit or debit cards online, after the order is placed and the credit
card information is provided to <the website you are visiting>.
<the website you are visiting> reserves the right to verify the
credit or debit card payments prior to acceptance. In case of non-payment,
<the website you are visiting> can transmit a claim to the vendor
of the software product you purchased, without additional information
to you. As a result of this the vendor or <the website you are visiting>
can claim the Products delivered from you.
4. Delivery
Delivery dates specified on the website, in any order acceptance or elsewhere
are estimates only. <the website you are visiting> will not be liable
in respect of delay, but it is doing its best to ensure the delivery on
time. In case <the website you are visiting> may not be able to
deliver the products, your payment will be refunded on your written request.
Delivery will be made to a valid address submitted by you. You must check
the delivery address on the <the website you are visiting> acceptance
provided to you and notify <the website you are visiting> at once
about errors or omissions. <the website you are visiting> reserve
the right to charge you for any extra costs arising from changes you make
to the delivery address after you submit an order.
If you refuse or fail to take the products delivered by <the website
you are visiting>, any risk of loss or damage will pass to you and
<the website you are visiting> (without any liability) will have
the right of payment in full for the products delivered and/or to make
delivery by any means appropriate and/or to store products at your risk,
but you may be liable to pay on demand of <the website you are visiting>
all costs of product storage and any additional costs incurred as a result
of such refusal or failure to take delivery.
<the website you are visiting> will be entitled for 30 days after
the agreed date of delivery to dispose the products in such manner as
it considers. If we deliver products by download, each download of a product
constitutes a separate contract and if you downloaded the Product you
are not entitled to revocation or to cancel in whole or part the contract
in case of any defect. The risk of loss or damage passes to you on delivery
of the products.
5. Software conditions
Software Products supplied are or include the license (EULA) drawn up
by the producer/owner of the software and distributed along with the Products
by <the website you are visiting>. Such Software Products can be
used only in accordance with the EULA and may not be copied, adapted,
translated, made available, distributed, varied, modified, disassembled,
decompiled, save, reverse engineered or combined with any other software,
unless (i) this is permitted by the EULA, or (ii) expressly permitted
by applicable law. Any technical questions regarding the product may be
address as specified in the EULA.
6. Liability
Under no circumstances and under no legal theory, tort, contract, or otherwise,
shall <the website you are visiting> or its affiliate that participates
in the selling of the products, be liable for any indirect, special, incidental,
or consequential damages.
<the website you are visiting> or its affiliates will be liable
for damages caused by a breach of a material contractual obligation with
intention or gross negligence but limited to the amount of damages and
up to maximum 50.000 Euro. This limitation of liability applies to all
damage claims irrespective of their nature and continues in force notwithstanding
termination of the contract. You shall indemnify <the website you are
visiting> against any liabilities, claims and costs incurred by or
made against <the website you are visiting> as a direct or indirect
result of selling products or performing services to your specific details
causing an infringement or alleged infringement of any proprietary rights
of any third party.
7. Termination
<the website you are visiting> can suspend or stop delivery of products
in case you commit any act of bankruptcy (e.g. deed of arrangement with
creditors, winding-up against you) or if we believe that you cannot pay
your debts. <the website you are visiting> also can in these cases
terminate your order by a written notice send to you by email or fax.
8. Title to products
The title of the Products will pass from the Producer/owner to <the
website you are visiting> at the time when <the website you are
visiting> approves your order, and then subsequently to you at the
time the payment in full of the price of the order (including interest
or other payment due for the Product) has been made by you and entered
into the <the website you are visiting> bank account.
Until the payment is made and the money enters into <the website you
are visiting> bank account, you shall have possession of the ordered
Products. If you are a consumer you shall not resell the Products. In
case the payment is not made, <the website you are visiting> reserve
the right to repossess and resell any such Products, and you hereby gives
<the website you are visiting> or his agents an irrevocable right
to enter your premises, provided a prior notification has been made.
9. Complaints
You are responsible upon delivery for checking Products delivered by <the
website you are visiting> and verifying their condition, accordance
with their description and complete only with respect to apparent defects
and apparent short deliveries. If you fail to notify <the website you
are visiting> about such failure in writing within 15 (fifteen) days,
your rights arising from defective products or short delivery are excluded.
In case the delivery is made by the Producer/Authorized Merchant of the
product you will address your complaint to them or to <the website
you are visiting>, who will pass your complaint to them, for solving
it, accordingly with the relevant complaint policy applicable, that might
be different from <the website you are visiting> complaint policy.
10. Revocation an order (only for consumers)
YOU WILL HAVE AS A CONSUMER A "LEGAL PERIOD" OF 15 (FIFTEEN)
DAYS DURING WHICH YOU MAY REVOKE YOUR ORDER FOR ANY REASON WITHOUT REASONS,
WITH A WRITTEN NOTICE TO <THE WEBSITE YOU ARE VISITING> AS SPECIFIED
IN CHAPTER 12 - "NOTICE".
YOU HAVE NO RIGHT TO REVOCATION:
WHERE YOU HAVE UNSEALED THE SOFTWARE.
WHERE YOUR ORDER CAN NOT BE RETURNED BECAUSE OF ITS NATURE, E.G. DOWNLOAD
PRODUCTS, OR IS CUSTOMIZED SPECIFICALLY TO YOUR ORDER.
If you exercise the revocation right, you are required to return the relevant
products to <the website you are visiting> and <the website you
are visiting> will reimburse your prepayments. If you are not able
to return the products or if the products returned are defective, you
are required to pay compensation, equal to the value of the products plus
any other expensive made by <the website you are visiting> in order
to comply with your revocation right. Where wrong products have been delivered
to you, <the website you are visiting> will bear the costs of returning
the products regardless of the value of your order. Any compensation payments
for damaged products have to be made by you within 30 days after you have
given your declaration of revocation.
The product must be returned to the <the website you are visiting>
address stated on the delivery note that was accompanied with the product.
THE RIGHT TO REVOCATION TERMINATES IF THE PRODUCTS/SERVICES ORDERED BY
YOU COMMENCE WITH YOUR AGREEMENT BEFORE THE LEGAL PERIOD EXPIRES (E.G.
DOWNLOAD OF PRODUCTS).
11. Authorizations
You have the obligation to obtain at your own expense any license or authorizations
required by any legal authority for acquisition, delivery or use of the
products, and if necessary produce evidence to <the website you are
visiting>. You should be liable for all expenses or charges incurred
by <the website you are visiting> from your failure to obtain such
license or authorizations. You are also liable for complying with export
control and custom duties laws and regulations in the territory where
you order the delivery or use the Product.
12. Notices
Any notification or any other communication made in connection with our
contract shall be in written form and considered as duly sent or adequately
issued if it is sent by mail, fax or email in accordance with the contact
data mentioned in this website for <the website you are visiting>,
and in accordance with your latest contact data notified to <the website
you are visiting>. Any notification shall be considered as sent the
following working day if sent by fax or email, and the 3rd working day
from delivery if sent by mail, or courier service.
13. Applicable law
All and any disputes arisen out of or in connection with our contract
will be settled first amiably in maximum 30 days from starting. If the
amiable negotiations fail any such disputes shall be settled by the law
and the courts from the territorial jurisdiction of <the website you
are visiting> office, as the case may be.
14. General terms
The provisions of these Terms are separated and the lack of validity of
any provision will not affect whatsoever the validity of the other provisions.
These Terms represent the freely expressed will and it is the only Terms
between <the website you are visiting> and You, while any pre vious
Terms, whether written or oral, are not obligatory, except in case they
are included herein. <the website you are visiting> reserves the
right to change the present Terms from time to time while it provides
notice of material changes on the present website. Your continued order,
placed on this website, after such notice has been posted constitutes
your acceptance of the changes. You are not entitled to transfer or assign
your right and obligations under these Terms to a third party, without
the written approval of <the website you are visiting>.
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