LicensePromo Terms and Conditions
1 Applicability
In these General Terms and Conditions the following terms shall have the following meanings:
Copper
Any natural person or legal entity that is or will be in a contractual relationship of any kind with Licentiepromo (wefixit BV).
Consumer Buyer
any natural or legal person who, exclusively for non-professional purposes, acquires or uses products or services placed on the market.
Products
the subject of one or more agreements.
"Website(s)
The websites (together or separately), which are managed by Licentiepromo.
These Terms & Conditions apply to all offers of Licensepromo and to all agreements entered into with Licensepromo.
In addition to these General Terms and Conditions, additional terms and conditions may apply to certain services and/or products, if expressly stated. In the event of any differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise specified.
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 other provisions of these terms and conditions remain in full force.
General Terms and Conditions used by the Buyer do not apply, unless expressly agreed in writing by LicentiePromo.
The Websites focus exclusively on the Benelux market. The Buyer must reside in Benelux to place an order on the Website.
LicentiePromo reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders.
By using the LicentiePromo Websites 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 on third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
Offers are valid while supplies last.
A named offer has a period of validity of two (2) weeks, unless another period is stated in the offer.
An agreement is concluded at the moment an order confirmation is handed to Buyer or, in case the offer is made via the Website, is sent by e-mail to the e-mail address provided by Buyer or via a remote connection in case of remote support.
Buyer and LicentiePromo expressly agree that by using electronic communication forms a valid agreement can be established. In particular, even the absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of LicentiePromo are hereby, to the extent permitted by law, as a presumption of evidence.
Information, images, oral communications, statements, etc. regarding all offers and the main characteristics of the products provided by telephone or e-mail are as accurately as possible (weather) given or done.
3. Prices
All prices are expressed in Euros and include VAT.
Special offers are valid only while supplies last.
The Buyer owes the price that LicensePromo in its confirmation under Article 2.3 of these Terms & Conditions has communicated. Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, can also be corrected by LicensePromo after the conclusion of the agreement.
Delivery costs will be clearly communicated to the buyer. With regard to certain payment methods, further conditions apply with regard to the delivery method and possible costs. This will be 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
LicensePromo may expand or reduce the payment options in the future. Other payment options will be announced on the Website.
To ensure secure online payment and the safety of your personal data, transaction data is encrypted with SSL technology over the Internet. To pay with SSL, you do not need any special software. You can recognize a secure SSL connection by the "lock" in the lower status bar of your browser.
In case LicentiePromo has agreed a payment period, the mere expiry of this period will cause the Buyer to be in default. Payment terms can only be agreed in writing under conditions to be set and agreed.
If payment by credit card is chosen, then the conditions of the relevant card issuer apply. LicentiePromo is not a party in the relationship between the Buyer and the card issuer.
If payment via credit card or PayPal is withdrawn, we will consider the order unpaid and a penalty clause of 10% will be payable. In addition, any costs incurred for reminders will be charged. From the date of purchase, interest of 10% will also be payable. In the event of non-payment by companies, bailiffs will automatically be engaged to collect the debt in accordance with Belgian law after 7 days.
5. Delivery and delivery time
Orders will be delivered as quickly as possible. In principle, LicentiePromo aims to ship orders on the same day. Unless otherwise specified, 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 payment. Except for a Consumer Buyer, the aforementioned 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 will be available again. LicentiePromo strives to notify the Buyer of any delays by telephone or email within one working day.
Deliveries will be made to the address specified by the Buyer during the conclusion of the agreement.
Once the products to be delivered have been delivered to the specified delivery address, the risk relating to these products is transferred to the Buyer.
Different conditions may apply to deliveries abroad.
If the delivery is made in parts (for example, when only some but not all of the products ordered are in stock), LicentiePromo has 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. Failure to do so entitles LicentiePromo 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 for the product in question are refunded to the Buyer).
6. Defects and Complaint Period
The Buyer is obliged to carefully inspect the products (or have them inspected) immediately upon receipt. Complaints from Buyer, which relate to defects in the product or delivery, which are externally observable, must be notified by Buyer in writing to LicentiePromo within seven (7) days after delivery (or within seven (7) days after the invoice date if the products were not (could not) be delivered to Buyer).
Buyer is not entitled to return the products for which no justified complaints exist. If this happens without valid reasons, then all costs associated with returning the products will be borne by the Buyer. In this case LicentiePromo is free to store the products at the risk and expense of Buyer under third parties and, at the request and expense of Buyer, to return to Buyer.
Buyer will have activated all licenses within 30 days. After these 30 days after purchase, all warranty lapses and the licenses will become unusable if not activated.
7. Right of renunciation 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 actual purchase of software and approval after payment, your license for sale will be activated. After receiving the license, you are not entitled to refunds or returns. This is because there can be no verification whether or not 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.
As an extra service we provide links to the software downloads. These links are links to the software at our official partners and we cannot be held responsible for the proper functioning or correct installation on your device. We can therefore not guarantee this, but you can always contact our partners.
The consumer acknowledges waiving at the time of purchase the right of withdrawal as described in the Directive 2011/83/EU on consumer rights and in accordance with the relevant Dutch and Belgian legislation that provides for the exception for this right of withdrawal on digital downloads and unsealed online products.
However, we do provide a 100% guarantee on activation. If a product activation code does not work during the activation process (both by phone and online) and this within the 30-day activation period as indicated in your email and in the warranty terms on our website , please contact us via email or our contact page and receive a new activation code.
8. Retention of title
Ownership of a product, notwithstanding the actual delivery, shall not pass to the Buyer until the Buyer has made the payment due for this product in full, including payment of interest and costs.
The Buyer may not encumber, sell, resell, dispose of or otherwise encumber the products before ownership has passed.
9. Private or corporate purchases.
We do not engage in intra-community supplies because we focus on the private market. We therefore do not supply under these conditions to business customers in Belgium and the Netherlands. In accordance with the law, we are free to determine the conditions under which we deliver. The buyer will take this into account during the purchase and we can not be held responsible for the purpose.
11. Intellectual property
The Buyer acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and or the Website belong to LicentiePromo, its suppliers or other claimants.
Intellectual property rights include patent, copyright, trademark, design and model rights and or other (intellectual property) rights, including whether or not patentable technical and or commercial know-how, methods and concepts.
Buyer is prohibited to use and / or modify the intellectual property rights as described in this article, such as reproduction without the express prior written consent of LicentiePromo, its suppliers or other claimants, unless it is purely for private use of the product itself.
12. Personal data
LicentiePromo will process Buyer's data only in accordance with its Privacy Statement .
In doing so, LicentiePromo will comply with applicable laws and regulations.
13. Applicable law and competent court
All offers and agreements are governed exclusively by Belgian law, to the exclusion of the principles of conflicts of law in space.
The applicability of the Vienna Sales Convention is expressly excluded.
All disputes related to or arising from offers of LicentiePromo, or agreements concluded with it, shall be submitted to the competent court in Tongeren, unless a mandatory provision of law 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 regarding an agreement or these conditions to LicentiePromo at the aforementioned address or to the e-mail address [email protected].
If payment is not made in full on the due date, an interest on arrears of 2% per month shall be payable ipso jure and without prior notice of default, each month begun being considered complete. In addition, the customer shall, also by operation of law and without prior notice, owe 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 compensation if the actual damage suffered exceeds this amount.
LicensePromo customer service can be reached for information on weekdays from 10 a.m. to 6 p.m., on Saturdays from 9 a.m. to 5 p.m.
LicentiePromo strives to respond to emails received by it within four hours. If complaints are reported to LicentiePromo, the Consumer Buyer will be informed in any case within five (5) working days about the time in which he will receive from LicentiePromo a proposal to resolve the dispute.
If any provision of these Terms and Conditions should be illegal, void or for any other reason unenforceable then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between Buyer and LicensePromo with respect to the subject matter contained herein.