General Terms and Conditions LicentiePromo
1 Applicability
In these General Terms and Conditions, the following is understood as:
‘Copper’
any natural person or legal entity who with Licentiepromo (wefixit BV) is in a contractual relationship of any kind or will be.
‘Consumer Buyer’
any natural person or legal entity who, solely for non-professional purposes, acquires or uses products or services brought to market.
‘Products’
the subject of one or more agreements.
‘Website(s)’
the websites (collectively or individually), that are Licentiepromo managed.
These Terms and Conditions apply to all offers from Licentiepromo as well as to all agreements concluded with Licentiepromo agreements.
In addition to these General Terms and Conditions, supplementary terms may apply to certain services and/or products if explicitly indicated. Should there be differences between the Supplementary Terms and these General Terms and Conditions, the provisions of the Supplementary Terms shall prevail over the General Terms and Conditions, unless otherwise specified.
Van één of meer bepalingen in these General Terms and Conditions can only be deviated from if expressly agreed in writing. The remaining provisions of these terms remain fully in force in that case.
General Terms and Conditions applied by the Buyer are not applicable, unless expressly agreed in writing by LicentiePromo is agreed.
The Websites are exclusively targeted 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 call upon third parties in the execution of an agreement with the Buyer.
2. Offers and formation of agreements
Offers are valid as long as stock lasts.
A named quotation is valid for two (2) weeks, unless another period is stated in the quotation.
An agreement is concluded at the moment an order confirmation is handed to the Buyer, or, in case the offer was made via the Website, when it is sent by e‑mail to the e‑mail address provided by the Buyer or via a remote connection in case of remote support.
Buyer and LicentiePromo expressly agree that a valid agreement can be formed by using electronic communication methods. In particular, the lack of a handwritten signature does not diminish the binding force of the offer and its acceptance. The electronic files of LicentiePromo shall, to the extent permitted by law, be considered as evidence.
Information, images, oral statements, specifications etc. concerning all offers and the main characteristics of the products provided by phone or e‑mail are reproduced or provided as accurately as possible.
3. Prices
All prices are expressed in Euro’s and include VAT.
Special offers are only valid while stock lasts.
The Buyer owes the price that LicentiePromo communicated to her in its confirmation in accordance with article 2.3 of these terms. Apparent (manipulation) errors in the price quotation, such as evident inaccuracies, can also be corrected by LicentiePromo after the agreement has been concluded.
Delivery costs are clearly communicated to the buyer. Regarding certain payment methods, additional terms apply concerning the delivery method and any costs. This is clearly communicated to the Buyer.
4. Payment
For orders via the Website, payment can be made in the following ways:
Credit card (VISA, MasterCard, American Express)
BanContact ‗ Mister Cash
IDEAL
PayPal
LicentiePromo can expand or reduce the payment options in the future. Other payment options will be made known via the Website
To ensure a secure online payment and the safety of your personal data, transaction data are encrypted with SSL technology and sent over the internet. No special software is required to pay with SSL. You can recognize a secure SSL connection by the “lock” in the bottom status bar of your browser.
In the case that LicentiePromo a payment term has been agreed, it means that the Buyer is in default simply by the passage of this term. Payment terms can only be agreed in writing under the conditions to be set and agreed at that time.
If a payment method with a credit card is chosen, the terms of the respective card issuer apply. LicentiePromo is not a party in the relationship between the Buyer and the card issuer.
If the payment via credit card or PayPal is withdrawn, we consider the order as unpaid and a penalty clause of 10% must be paid. Additionally, any costs incurred for reminders will be charged. From the date of purchase, an interest charge of 10% is also due. In case of non-payment by companies, after 7 days the default amounts for collection will be automatically set in accordance with Belgian law.
5. Delivery and delivery time
Orders are delivered as quickly as possible. In principle, LicentiePromo strives to ship orders on the same day. Unless otherwise specified, the maximum delivery period is thirty (30) days after receipt of the order, except for payment by bank transfer, where the maximum delivery period is 30 days after receipt of the payment. For a Consumer Buyer, the stated delivery time is only an indication, and 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 is available again. LicentiePromo strives to notify the Buyer of delays within één working day by phone or e‑mail.
Deliveries take place at the address provided by the Buyer during the formation of the agreement.
Once the products to be delivered have been delivered to the specified delivery address, the risk concerning these products passes to the Buyer.
Different terms may apply to deliveries abroad.
If the delivery takes place in parts (for example when only some but not all ordered products are in stock), then LicentiePromo the right to consider each delivery as a separate transaction.
The Buyer is obliged to take delivery of the purchased items within the agreed period. In case of failure to do so, LicentiePromo entitled to claim payment of the purchase price for the portion not taken, or to consider the agreement dissolved without judicial intervention (subject to refund to the Buyer of any advance payments already made for the product in question).
6. Defects and Complaint Period
The Buyer is required to inspect the products carefully immediately upon receipt. Complaints from the Buyer concerning defects in the product or delivery that are observable at latest must be submitted in writing to LicentiePromo 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 there are no substantiated complaints. 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 at the expense and risk of the Buyer with third parties and, upon request and at the Buyer's expense, to return them to the Buyer.
The Buyer must have activated all licenses within 30 days. After these 30 days from purchase, all warranty expires and the licenses will become unusable if not activated.
7. Right of waiver and exchange
All the 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 have no right to refunds or returns. This is because there can be no control over whether the license has been used or will be used in the future, and therefore the right of withdrawal as provided by law does not apply here.
We provide the links to the software downloads as an extra service. These links are links to the software from our official partners and we cannot take responsibility for the proper functioning or correct installation on your device. Therefore we cannot give any guarantee, but you can always turn to our partners for this.
The consumer acknowledges waiving the right of withdrawal at the time of purchase as described in Directive 2011/83/EU concerning consumer rights and in accordance with Dutch and Belgian law, which provides an exception to this right of withdrawal for digital downloads and denied online products.
We do provide a 100% guarantee on activation. If a product activation code does not work during the activation process (both telephone and online) and this is within the 30‑day activation period as indicated in your email and in the warranty terms on our website, you contact us via e‑mail or our contact page and you will receive a new activation code.
8. Retention of ownership
Ownership of a product, notwithstanding the actual delivery, only passes to the Buyer after the Buyer has fully paid the amount due for this product, including compensation for interest and costs.
The Buyer may not encumber, sell, resell, alienate or otherwise dispose of the products before ownership has transferred.
9. Private or business purchases.
We do not engage in intra‑community deliveries, because we focus on the private market. Therefore we also do not supply to business customers in Belgium and the Netherlands under these terms. In accordance with the law we are free to determine under which conditions we deliver. 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 the displayed information, communications or other expressions concerning the products and/or the Website are held by LicentiePromo, its suppliers or other rights holders.
Intellectual property rights include patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether patentable or not.
The Buyer is prohibited from using and/or making alterations to the intellectual property rights as described in this article, such as reproduction without the explicit prior written consent of LicentiePromo, its suppliers or other rights holders, unless it solely concerns private use of the product itself.
12. Personal data
LicentiePromo will process the Buyer’s data solely in accordance with its Privacy Statement.
LicentiePromo also complies with the applicable laws and regulations.
13. Applicable law and competent court
Only Belgian law applies to all offers and agreements, excluding the principles of conflict of laws in the region.
The applicability of the Vienna Sales Convention is expressly excluded.
All disputes relating to or arising from offers of 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 is located at 3740 Bilzen, Maastrichtstraat 30A. Please send all correspondence concerning an agreement or these terms to LicentiePromo at the above address or to the e‑mail address [email protected].
In the event of failure to make full payment on the due date, a default interest of 2% per month is automatically due, without prior notice of default, with each commenced month considered as a full month. Moreover, the customer, also automatically and without prior notice of default, owes a lump‑sum 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 damages if the actual loss exceeds this amount.
The LicentiePromo customer service is available for information on weekdays from 10:00 to 18:00, and on Saturdays from 9:00 to 17:00.
LicentiePromo strives to respond to emails it receives within four hours. If complaints are reported to LicentiePromo, the Consumer Buyer will in any case be informed within five (5) business days about the period in which he will receive a proposal from LicentiePromo a proposal to resolve the dispute will be received.
If any provision of these General Terms and Conditions is illegal, void or for any other reason unenforceable, that provision shall be deemed separable 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 with respect to the subject matter contained herein.