Yellow border

CONTACT

SERVICES

General Terms and Conditions

Last updated September 10, 2015

1. Definitions

For the purposes of these General Terms and Conditions, the following terms are defined as follows:

β€œSierraSoft”: SierraSoft Srl, with registered offices in Via Roveredo 1/A, 33170 PORDENONE, Tax ID, VAT and Business License No. 01369810930 and Economic and Administrative Index No. 71604.

β€œSite”: the site www.sierrasoft.com operated by SierraSoft.

β€œGeneral conditions”: these General Terms and Conditions governing the purchase of products or services sold by SierraSoft.

β€œCustomer”: the natural or legal persons who purchase products or services from SierraSoft.

β€œConsumer”: the Customer, natural person, who buys for purposes unrelated to his/her trade, business, craft or profession, in accordance with Art. 3 of Legislative Decree No. 206 dated September 6, 2005 ("Consumer Code").

β€œProfessional”: the Customer who, when purchasing a product or service, expressly specifies that he/she belongs to the category of "Companies, institutions and professionals with a VAT number" in the screen dedicated to personal data and who operating solely for professional purposes. For the purposes of these General Conditions he/she is not considered a Consumer.

β€œCustomer Service”: the SierraSoft Customer Service.

β€œLicense Terms”: Terms of the End-User License Agreement.

2. Object of the contract

Unless express reference is made to Consumers, the provisions of these General Conditions apply equally to all Customers.

All orders that the Customer places with SierraSoft in any form imply the acceptance of these General Conditions by the said Customer, with the exclusion of the application of general or special conditions of purchase for said Customer.

The business relationship between SierraSoft and its Customers is regulated exclusively by the following General Conditions, excluding any other agreement, unless agreed in writing; even the submission of an online order implies acceptance of the following General conditions.

SierraSoft may change the General conditions without prior notice. These changes will be effective from the date on which they are published on the Site. All purchase orders submitted to SierraSoft before the aforementioned changes are published will be processed pursuant to the General Conditions in force when the contract is executed.

For any questions concerning the General conditions, the Customer may contact Customer Service by sending e-mail to "customercare@sierrasoft.com".

The Customer pledges and undertakes, once he/she has completed the online ordering procedure, to print and keep these General Conditions, already viewed and accepted when submitting the placed order.

3. Customer orders and contract (acceptance/rejection of the order)

All orders submitted by the Customer are subject to acceptance by SierraSoft which will provide a notice of acceptance or rejection of the order as soon as reasonably possible.

The contract between SierraSoft and the Customer will be executed only after SierraSoft has accepted the Customer’s order.

If SierraSoft rejects the order once the payment has already been made, SierraSoft will take all necessary steps to refund to the Customer an amount equal to the amount already paid (or it may contact the Customer to receive information to this end).

SierraSoft reserves the right to reject orders from Customers who are already insolvent.

The Customer may monitor the status of his/her order by contacting Customer Service.

3.1 Orders from the Site

The publication on the Site of SierraSoft Products and/or Services is an invitation for Customers to present SierraSoft with a purchase offer. Each order placed by the Customer integrates a contract proposal conditional upon prior acceptance of these specific General Conditions. Once the Order is received, SierraSoft will automatically send the Customer e-mail confirming receipt; this shall contain the details of the Order and all data related to the purchase or the type of products and/or services requested and all applicable charges, as well as the Customer’s personal and contact details. SierraSoft reserves the right to reject any purchase order for Products and/or Services, at its discretion, whether payment by the Customer has been made or not, in the event that a material error has occurred in regards to SierraSoft price or Products at the time of publication on the Site, or if the Product requested is no longer available. Otherwise SierraSoft will proceed to accept and subsequently fulfil the order.

3.2 Other orders

All orders sent by the Customer must be received in writing or by fax on the Customer's letterhead or by confirming the quote sent by SierraSoft. Each order placed by the Customer integrates a contractual proposal conditional after specific acceptance of these General Conditions. Once the Order is received, SierraSoft will send the Customer a confirmation of receipt.

In any case, the following data must always be specified:

  • Company name;
  • Billing address;
  • Shipping address (if different from the billing address);
  • Telephone number, fax and email;;
  • VAT number or, if none, Tax ID number;
  • Contact Name (person placing the order);
  • Full details of the owner of the software license (company name, address, telephone number, and possibly fax and e-mail address, VAT number or, if none, Tax ID number)
  • Type of transport (choose from those that SierraSoft offers to the Customer);
  • Payment methods (choose from those that SierraSoftz offers to the Customer)

4. Prices

The prices are exclusive of VAT and do not include expenses (shipping, etc.). Prices do not include the installation of the product of training for use thereof. SierraSoft reserves the right to change its prices without prior notice.

5. Products

SierraSoft reserves the right to alter product specifications without prior notice, while fully complying with current safety regulations.

6. Software

If the product is software, it must be considered as licensed per the End-user License Agreement.

The software may not be copied, adapted, translated, made available, distributed, changed, modified, subject to reverse assembly, compiled, subject to a process of reverse engineering, combined with any other software, except as authorized by the License Terms, or if that right is expressly provided for by Applicable Law and it cannot be contractually excluded.

Except as required by any provision of the License Terms, the Customer's rights to return and/or to a refund under the Conditions and any other applicable Return Regulations will not apply if the Customer opens the packaging of the software and/or destroys the license seal and/or uses the software.

Except as required by any provision of the License Terms the software is be provided de facto and de jure ("as is"), without warranty, term or condition with respect to its quality, fitness for purpose, performance or correspondence to a description and no warranty or statement is made in regards to setup, configuration, or error correction/software failure.

7. "Try-before-you-buy" option

Some software products distributed by SierraSoft are available in demo version, valid for 30 days from the date of installation (unless otherwise specified). Please download the demo version, install it and check that the product features are consistent with your needs. The demo version is free and implies no obligation.

8. Payment Methods

We accept the following payment methods:

  • Credit card (Visa/Mastercard)
    For payment authentication SierraSoft relies on Banca Sella therefore the entire phase of sending the credit card information is done directly through the Bank's server, on a secure SSL connection. If the Customer decides to purchase Products and/or Services by credit card the amount will be charged upon shipping the goods or when the requested services are activated. Paying by credit card incurs no additional charge.

  • PayPal
    Payment through PayPal will be done by redirecting to the PayPal Site, where one can complete the procedure to transfer the amounts due to SierraSoft. If the Customer decides to purchase Products and/or Services by PayPal the amount will be charged upon shipping the goods or when the requested services are activated. Payment by PayPal incurs no additional charge.

  • Bank transfer (Not available for purchases from the Site)
    The bank details to make the payment will be sent to the Customer in the order acceptance e-mail. You must state the order number in the memo line of the bank wire. The Customer will also find this number in the order acceptance e-mail. To ensure the speedy processing of the order, the Customer may send a copy of the bank wire receipt by fax +39 0434 254907, or by e-mail to accounting@sierrasoft.com Customer's order status will switch to "processing" once the amount due is effectively credited to SierraSoft's bank account. If no payment has been made after 15 (fifteen) days from the order date, the order may be cancelled without further notice by SierraSoft.

    WARNING!
    All bank wires from non-EU accounts incur international banking fees. The Customer must pay ALL BANKING FEES and SierraSoft must receive the full amount due: fees for the international bank wire must be set to OUR and not SHA mode. When the Customer requests to transfer money to SierraSoft he/she must remember to request for commissions to be in OUR mode. Otherwise, the payment will show as INCOMPLETE.

  • Cash on Delivery (Not available for purchases from the website)
    This payment method is only available for orders delivered in Italy. Payment may be made to the carrier:

    - Cash (only for orders below € 1,000.00)
    - Cashier's Check (Italian) made out to SIERRASOFT S.R.L.
    - Personal Check (Italian) made out to SIERRASOFT S.R.L.

9. Payment terms offered to the Customer by anyone (agents, representatives, agents, proxies and any other intermediary)

Unless otherwise agreed, the payment of Products, Software or Services shall be made prior to delivery/activation.

In the event of delayed or deferred payments, products/services purchased will be issued with temporary usage limitations (e.g. limited-time installation codes); these restrictions will be removed by SierraSoft after SierraSoft effectively receives the balance due for the entire order in the SierraSoft bank account.

The payment terms extended to the Customer by anyone (agents, representatives, agents, proxies and any other intermediary) are subject to verification by SierraSoft that may suspend supplies or services until receipt of full payment for the order.

If payment, even of only one instalment, is not made by the set deadline:

  • The Customer will lose the benefit of the term pursuant to and by effect of art. 1186 of the Civil Code and, consequently, all sums will become immediately due and payable, even those not yet due. Interest at the rate specified by Legislative Decree no. 231 dated 09/10/2002 will be due from the day following the due date of the unpaid instalment until the date the due amount is remitted, unless otherwise agreed by the parties.
  • SierraSoft has the right to suspend any further delivery and terminate contracts that have not been put into effect, without prejudice to the right to obtain immediate payment for those already completed and damages resulting from disrupting said supplies. SierraSoft also reserves the right to charge the Customer € 150 to partially recover the administrative costs of pursuing payment through solicitation.

10. Fulfilment of orders

SierraSoft guarantees the shipment of all orders within 10 business days from the date on which SierrraSoft accepted the order. If payment is made after SierraSoft accepts the order, the 10-day term will start on the day that the payment amount is effectively credited to SierraSoft's bank account.

11. Delivery of goods

Delivery, unless otherwise agreed, will be ex works SierraSoft. The transfer of risk to the Customer occurs upon delivery of the goods to the shipper or carrier or other person executing the transport. The Customer always pays the shipping costs.

If the purchase of software does not entail transfer of physical goods, the software activation key and the link to download the software from the Internet will be sent via email. The activation key is a sequence of characters or a file that activates the software and makes it fully operational once it has been inserted into the appropriate software screen.

12. Customs

If the goods ordered from SierraSoft are to be delivered outside the European Union, the Customer may be subject to import duties and import taxes, payable once the package reaches the stated destination. Any additional costs for customs clearance will be charged to the Customer. SierraSoft does not have control over these costs and cannot predict the amount.

It is advisable for the Customer to contact the local customs office for additional information as customs policies vary considerably from country to country.

13. Merchandise control

The Customer is responsible for checking the merchandise upon arrival and shall lodge any complaints within 8 days of delivery. Notice shall be sent directly to SierraSoft by fax to +39 0434 254907, or via email to accounting@sierrasoft.com and must include the following information:

  • Delivery date
  • Product codes
  • Quantity of the items
  • Reasons for the complaint
  • Copy of the delivery note and/or evidence of the products being disputed and/or invoice
  • Name of the contact person

14. Merchandise Returns

SierraSoft will accept merchandise returns by Customers when fully complying with the section on merchandise control. Any product returns must receive prior approval and authorization code (RMA). The RMA number must be clearly printed on the delivery note. SierraSoft will replace the merchandise or issue a full refund (excluding expenses). The goods should be returned to SierraSoft by courier or registered mail. All returns will be accepted only if delivered as CPT. The Customer is responsible for the transportation of the goods.

15. Virus

All electronic merchandise is regularly checked and maintained free of viruses. The Customer is responsible for checking the software received regarding the presence of any viruses. In any event, SierraSoft does not accept liability for any damage or subsequent damage caused by viruses.

16. Personal Data Rights Notice

Pursuant to Legislative Decree no. 196 dated 30 June 2003, the Customer acknowledges that "personal data" communicated and/or exchanged, even during the pre-contractual information gathering phase, will be handled in accordance with Legislative Decree no. 196/2003, in accordance with and for the purposes of art. 24, paragraph 1, sect. b) and subsequent additions or modifications of said Legislative Decree 196/2003. It is also understood that the client expressly consents to the transfer of "personal information" pursuant to art. 43, paragraph 1, section b) of Legislative Decree no. 196/2003 and, anyway, its communication and dissemination.

17. Electronic invoice

From the outset, the Customer agrees that SierraSoft will send, at its sole discretion, an invoice either in paper or electronic form, and therefore warrants and undertakes to recognize the validity and immediate effect of any communication sent to the address indicated in the purchase order, including the email inbox, which must be normally working, checked frequently and without interception by spam filters.

18. Language

The Italian language version of these General conditions is legally binding in case of any inconsistencies between the Italian version and any translations.

19. Applicable Law and Competent Court

Any disputes relating to contracts under these General conditions are subject to the jurisdiction of Italian courts and Italian law will apply. The Court of Pordenone will exclusively settle any controversy arising from contracts governed by these General conditions and their execution.

Send page by e-mail Send to a friend Print version of the page Print
Copyright © 1998-2019 SierraSoft. All rights reserved. P.I. 01369810930. | Privacy | Cookies | Terms of use |
United StatesEnglish