General Terms and Conditions
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1. DefinitionsFor the purposes of these General Terms and Conditions, the following terms are defined as follows:
“SierraSoft”: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.
“Site”:the site www.sierrasoft.com operated by SierraSoft.
“General conditions”:these General Terms and Conditions governing the purchase of products or services sold by SierraSoft.
“Customer”:the natural or legal persons who purchase products or services from SierraSoft.
“Consumer”: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”).
“Professional”: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.
“Customer Service”:the SierraSoft Customer Service.
“License Terms”:terms of the End-User License Agreement.
2. Object of the contractUnless 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 “firstname.lastname@example.org”. 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 SiteThe 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 ordersAll 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:
4. PricesThe 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. ProductsSierraSoft reserves the right to alter product specifications without prior notice, while fully complying with current safety regulations.
6. SoftwareIf 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 buySome 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 MethodsWe accept the following payment methods:
9. Payment termsUnless 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:
10. Fulfilment of ordersSierraSoft 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 goodsDelivery, 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 e-mail. 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. CustomsIf 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 controlThe 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 e-mail to email@example.com and must include the following information:
14. Merchandise ReturnsSierraSoft 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. VirusAll 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 NoticePursuant 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 invoiceFrom 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 e-mail inbox, which must be normally working, checked frequently and without interception by spam filters.
18. LanguageThe 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 CourtAny 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.