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SOfTwex

Terms & Conditions

Terms & Conditions

1. Orders

These General Terms and Conditions of Business apply to all orders placed with us, the E-Payments of DeLuria, registered office: Basel, Switzerland. Orders can be placed via our online shop. The DeLuria E-Payments Department is referred to below as “DeLuria”.

Any software that we send to you or that you download is subject to the provisions of the applicable licence agreements. These licence conditions, including the warranty and liability provisions they contain, will either be delivered together with the software or, where software is downloaded, sent electronically with it.

Your order will be deemed an offer to contract based on these conditions. We are under no obligation to accept your order. If we accept your order, a contract will come into effect between you and us. If we are unable to accept your order, we will endeavour to inform you by telephone, email or post. In any event, these General Terms and Conditions of Business form an integral part of the purchase contract and apply to all products whether provided free of charge or for consideration. No other terms or conditions shall apply. Supplementary agreements to or provisions differing from the conditions set out below shall apply only where expressly agreed in writing.

We are only able to accept your order if you are 18 years of age or over and have a valid postal address.

2. Place of performance

Unless otherwise expressly agreed, the place of performance for the supply of goods by us and for the payment of the purchase price by you is the registered office of DeLuria in Basel, Switzerland.

3. Delivery

Standard items available from the shop will generally be delivered within one week. Where standard items are available for immediate delivery, DeLuria will dispatch the items at once rather than sending you confirmation of the order. Order confirmation will be issued if an item ordered cannot be dispatched within a few working days. Despite our best efforts, there may be cases in which DeLuria is unable to deliver certain products because, for example, we have not been supplied with the products or with individual components contained in the products by our suppliers in a timely manner. Information relating to supply bottlenecks is generally provided on the website. In the event of failure to deliver a product, DeLuria’s liability is limited to refunding any part of the purchase price already paid.

4. Dispatch and insurance

Goods for delivery to a place indicated by the orderer are dispatched at his risk and expense. DeLuria will take out transport insurance only where instructed to do so in writing by the orderer. DeLuria will dispatch the products you order from it to the delivery address indicated on the order form unless you pay for the products by credit card. Products paid for by credit card will in all cases be sent to the address to which your credit card is registered. Products paid for on invoice can be sent to addresses in Switzerland and the Principality of Liechtenstein only. Products paid for by credit card can be sent to the countries named on the list of dispatch destinations on the website (www.deluria.ch).

5. Prices

All prices quoted are net prices including VAT but excluding postage, packing and recycling tax. All prices are given in EURO.

6. Payment and payment period

Where items are dispatched with invoices, these invoices are payable 20 days net. In case of late payment, DeLuria may charge the orderer late payment interest at 6% per annum. Once delivered, contractual products remain the property of DeLuria until they have been paid for in full. DeLuria is authorised to register a right of retention over such products with the relevant authority.

Where items are paid for by credit card, the price will be debited on receipt of order or dispatch of the products ordered. DeLuria cannot start to dispatch the products ordered until your credit card company has approved the use of your credit card to pay for the products you have ordered. DeLuria will inform you if your credit card company refuses to give its approval. Payment can be made by credit card only if the address to which the credit card is registered is located in Switzerland or the Principality of Liechtenstein.

7. Returns

Software

DeLuria does not take back software products and, as such, you have no right to return them. DeLuria provides demo versions of their products, thereby enabling customers to test them without risk. This allows you to test and evaluate the software for 60 days prior to making a purchase.

8. Warranty

On entering into the contract, DeLUria provides the customer with the following hardware warranty. If the customer notifies DeLuria of a demonstrable and substantiated defect in the contractual product within the prescribed time limit, DeLuria will repair the defective contractual product free of charge or replace it with a new contractual product. The customer shall be deemed to have accepted this warranty without reserve. The warranty period is two years from the date of delivery. This warranty expressly and irrevocably excludes all other warranty claims by the customer including, in particular, any claims by the customer for consequential damages.

This section 8 contains all the provisions relating to the assertion of warranty claims by the customer in accordance with the contractual documentation. All other warranty claims are expressly excluded in so far as is legally permissible.

Any modification made to contractual products supplied by DeLuria shall render all warranty claims invalid. The same shall apply if the contractual product has not been used in accordance with the contract or if the contractual product has been used in a hardware or software environment other than that for which it was intended.

DeLuria’s warranty is given under the proviso that the customer will install the latest updates on a regular basis or the automatic update mechanism. The procurement of further updates following the end of the warranty period is dependent on the conclusion of an update agreement with DeLuria. A subsequent update agreement must be entered into within no more than 6 months of the expiry of an existing update agreement, and, once entered into, will entitle the customer to acquire software updates for a further period of one year from the end of the previous maintenance period. The update server is operated by DeLuria and is physically located at the premises of either a company in the DeLuria or a specialist company contracted by DeLuria.

9. Liability

DeLuria is liable for damage arising out of this contract only under the conditions set out in section 8 above and in cases of intent or gross negligence. Any further liability on the part of DeLuria is expressly excluded in so far as is legally permissible. In particular, DeLuria accepts no liability for any indirect damage or loss of earnings or data. All cases of breach of contract and their consequences, and claims by the customer against DeLuria arising out of or in relation to this contract, irrespective of their basis in law, are governed entirely by this contract.

10. Effective date, jurisdiction

This contract comes into effect when the customer places an order and the goods ordered are supplied by the Supplier. In order to be valid, any amendment of or addition to the contract and any supplementary agreements must be made in written form.

Contracts entered into with DeLuria are subject to Swiss law. Their place of jurisdiction is the Commercial Court of Basel. In so far as they might be applicable, the provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.