General Terms and Conditions LicentiePromo
1 Applicability
In these General Terms and Conditions, the following is understood to mean:
Copper
any natural person or legal entity that is or enters into a contractual relationship of any nature whatsoever with Licentiepromo (wefixit BV)
Consumer Buyer
any natural or legal person who acquires or uses products or services placed on the market exclusively for non-professional purposes.
'Products'
the subject of one or more agreements.
Website(s)
the websites (collectively or separately) that are managed by Licentiepromo
These General Terms and Conditions apply to all offers from Licentiepromo as well as to all agreements entered into with Licentiepromo
In addition to these General Terms and Conditions, supplementary conditions may apply to certain services and/or products, if expressly indicated. Should there be any discrepancies between the Supplementary Conditions and these General Terms and Conditions, the provisions of the Supplementary Conditions shall in principle prevail over the General Terms and Conditions, unless otherwise stipulated. One or more provisions in these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing. In that case, the remaining provisions of these terms and conditions shall remain in full force and effect. General Terms and Conditions used by the Buyer shall not apply, unless expressly agreed to in writing by LicentiePromo . The Websites are aimed exclusively at the Benelux market. The Buyer must reside in the Benelux to place an order on the Website. LicentiePromo reserves the right to amend and/or supplement the General Terms and Conditions at any time for future orders. By using the Websites of LicentiePromo and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website. LicentiePromo is authorized to engage third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
Offers are valid while stocks last.
A personalized quotation has a validity period of two (2) weeks, unless a different term is stated in the quotation.
An agreement is concluded at the moment an order confirmation is handed over to the Buyer or, in the event the offer was made via the Website, sent by e-mail to the e-mail address provided by the Buyer or via a remote connection in the case of remote support.
The Buyer and LicentiePromo expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the absence of a conventional signature does not detract from the binding force of the offer and the acceptance thereof. The electronic files of LicentiePromo shall, to the extent permitted by law, serve as presumptive evidence in this regard.
Information, images, oral communications, statements, etc. regarding all offers and the main characteristics of the products provided by telephone or via e-mail are displayed or provided as accurately as possible.
3. Prices
All prices are expressed in Euros and include VAT.
Special offers are valid only while stocks last.
The Buyer owes the price communicated to it by LicentiePromo in its confirmation in accordance with Article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as evident inaccuracies, may be corrected by LicentiePromo even after the conclusion of the agreement .
Delivery costs are clearly communicated to the buyer. With regard to certain payment methods, further conditions apply concerning the delivery method and any associated costs. This is clearly communicated to the Buyer.
4. Payment
Orders placed via the Website can be paid for in the following ways:
Credit card (VISA, MasterCard, American Express)
BanContact – Mister Cash
IDEAL
PayPal
LicentiePromo may expand or reduce the payment options in the future. Other payment options will be announced via the Website.
To ensure secure online payment and the security of your personal data, transaction data is transmitted over the internet encrypted using SSL technology. You do not need any special software to pay with SSL. You can recognize a secure SSL connection by the “lock” icon in the bottom status bar of your browser.
In the event that a payment term has been agreed upon by LicentiePromo , the Buyer is in default simply by the expiration of this term. Payment terms can only be agreed upon in writing, subject to conditions to be set and agreed upon at that time.
If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply. LicentiePromo is not a party to the relationship between the Buyer and the card issuer.
In the event of cancellation of payment via Credit Card or PayPal, we consider the order unpaid and are obliged to pay a penalty clause of 10%. In addition, costs incurred for the reminder will be passed on. From the date of purchase, interest of 10% is also due. In the event of non-payment by companies, bailiffs will automatically be engaged for collection after 7 days, in accordance with Belgian law.
5. Delivery and delivery time
Orders will be delivered as soon as possible. In principle, LicentiePromo aims to ship orders on the same day. Unless otherwise stipulated, the maximum delivery period is thirty (30) days after receipt of the order, with the exception of payment by bank transfer, in which case the maximum delivery period is 30 days after receipt of the payment. Except for a Consumer Buyer, the stated delivery time is merely an indication; therefore, no rights can be derived from it.
If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. LicentiePromo aims to notify the Buyer of delays within one working day by telephone or email.
Deliveries will take place at the address specified by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Buyer.
Different conditions may apply to deliveries abroad.
If delivery takes place in installments (for example, when only some but not all ordered products are in stock), LicentiePromo the right to consider each delivery as a separate transaction.
The Buyer is obliged to take delivery of the purchased goods within the agreed period. Failing this, LicentiePromo entitled to demand payment of the purchase price of the undelivered portion, or to consider the agreement dissolved without judicial intervention (provided that any advance payments already made by the Buyer for the product in question are refunded).
6. Defects and Complaint Period
The Buyer is obliged to carefully inspect the products immediately upon receipt. Complaints from the Buyer regarding defects in the product or delivery that are outwardly visible must be notified to LicentiePromo in writing by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products could not be delivered to the Buyer).
The Buyer is not entitled to return products for which no substantiated complaints exist. If this is done without valid reasons, all costs associated with the return shall be borne by the Buyer. In that case, LicentiePromo is free to store the products with third parties at the Buyer's expense and risk and to return them to the Buyer at the Buyer's request and expense.
The Buyer shall have all licenses activated within 30 days. After these 30 days following purchase, all warranty expires and the licenses will become unusable if not activated.
7. Right of withdrawal and exchange
All software products for which we provide licenses can be purchased and/or downloaded on our website and from our partners. Our partners offer free trial periods so that you can easily evaluate the products before making a purchase decision. The trial period helps you evaluate the product to ensure that the software meets all your desired needs before you purchase a license.
Upon the actual purchase of software and approval after payment, your license for sale is activated. After receiving the license, you are not entitled to refunds or returns. This is because there can be no verification as to whether the license has been used or will be used in the future, and therefore the right of withdrawal as provided for by law does not apply here.
As an additional service, we provide links to the software downloads. These links are links to the software from our official partners, and we cannot assume responsibility for their proper functioning or correct installation on your device. Therefore, we cannot provide a guarantee regarding this, but you can always contact our partners.
The consumer acknowledges waiving, at the time of purchase, the right of withdrawal as described in Directive 2011/83/EU on consumer rights and in accordance with relevant Dutch and Belgian legislation providing for the exception to this right of withdrawal for digital downloads and unsealed online products.
We do, however, provide a 100% activation guarantee. If a product activation code does not work during the activation process (either by phone or online) and this occurs within the 30-day activation period as indicated in your email and in the warranty conditions on our website, please contact us via email or our contact page and you will receive a new activation code.
8. Retention of title
Ownership of a product shall, notwithstanding actual delivery, only pass to the Buyer after the Buyer has fully settled the payment due for this product, including compensation for interest and costs.
The Buyer may not encumber, sell, resell, alienate, or otherwise burden the products before ownership thereof has passed.
9. Private or business purchases.
We do not engage in intra-community supplies, as we focus on the private market. Therefore, we also do not supply business customers in Belgium and the Netherlands under these conditions. In accordance with the law, we are free to determine the conditions under which we supply. The buyer will take this into account during the purchase, and we cannot be held responsible for the purpose.
11. Intellectual property
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications, or other expressions relating to the products and/or the Website are vested in LicentiePromo, its suppliers, or other rights holders.
Intellectual property rights are understood to mean patent, copyright, trademark, design, and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods, and concepts, whether or not patentable.
The Buyer is prohibited from using and/or modifying the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of LicentiePromo, its suppliers, or other rights holders, unless it concerns solely private use of the product itself.
12. Personal data
LicentiePromo will process the Buyer's data exclusively in accordance with its Privacy Statement.
In doing so, LicentiePromo observes the applicable laws and regulations.
13. Applicable law and competent court
All offers and agreements are governed exclusively by Belgian law, excluding the principles of conflict of laws.
The applicability of the Vienna Sales Convention is expressly excluded.
All disputes relating to or arising from offers made by LicentiePromo, or agreements concluded with it, shall be submitted to the competent court in Tongeren, unless a mandatory legal provision expressly designates another court as competent.
15. Miscellaneous provisions
The registered office and showroom of LicentiePromo are located at 3740, Bilzen, Maastrichtstraat 30A. Please send all correspondence regarding an agreement or these terms and conditions to LicentiePromo at the aforementioned address or to the email address [email protected].
In the event of failure to make full payment on the due date, default interest of 2% per month shall be due by operation of law and without prior notice of default, with each commenced month counting as a full month. Furthermore, the customer shall also owe, by operation of law and without prior notice of default, a fixed compensation of 10% of the outstanding amount, with a minimum of €50, to cover administrative and collection costs, without prejudice to Licentiepromo's right to claim higher compensation if the actual damage suffered exceeds this amount.
LicentiePromo Customer Service is available for information on working days from 10:00 to 18:00, and on Saturdays from 9:00 to 17:00.
LicentiePromo strives to respond to emails received within four hours. If complaints are reported to LicentiePromo, the Consumer Buyer will in any event be informed within five (5) working days of the timeframe within which he will receive a proposal from LicentiePromo to resolve the dispute.
If any provision of these General Terms and Conditions is unlawful, void, or for any other reason unenforceable, that provision shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Buyer and LicentiePromo regarding the subject matter contained therein.