SALE TERMS AND CONDITIONS
1. About these Terms of Sale
a. These Terms of Sale (“Terms"), together with all policies and other documents referenced herein, set out the terms and conditions that will apply when you place an order through the Web Store (subscription). You will be required to confirm that you have read and accepted these Terms before you submit an order to Noventiq Cyprus ltd (“Noventiq") or otherwise accept this agreement. Your accept will be considered the execution of these Terms between you and Noventiq, who owns and maintains This website and Web Store. If you are unable to understand or have any questions about these Terms please contact Noventiq. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.
Our contact details: NOVENTIQ CYPRUS LTD, Address: Kosta Charaki 11, 3rd floor, Flat/Office N302, 3041, Limassol, Cyprus. Registration number: HE190472; VAT-ID: CY-10190472H.
2. Order and acceptance
a. You may place Orders by filling in the Order Form on the Web Store.
In addition to this, the acceptance of the agreement is an active action expressed in the form of pressing a button with an option on the web page of the site.
b. You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices.
c. Each Order submitted constitutes an offer to purchase Products. Orders are subject to Noventiq’s acceptance and may be refused at Noventiq’s discretion, for example, but not limited to, in cases where:
— orders cannot be processed due to an error in information you have provided at pacing of an Order or at registration of the account;
— there is an error on the Web Store relating to the Products that you have Ordered, for example, an error relating to the price or description of the Product as displayed on the Web Store (The final decision on the error remains for Noventiq); or
— the Products that you have Ordered are no longer available through the Web Store.
d. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form or in account. If you do not receive an email, contact Noventiq before you try to place another Order for the same Product.
e. You can make changes to or cancel your Order at any time before your Order has been processed. To make changes to your processed Order, please contact Noventiq. If your Order has already been dispatched, please see Return Policy.
3. Prices and payment
a. The Product price is always the price indicated in the Web Store when you place your Order. The price includes VAT. You are responsible for any other duties, customs fees, or taxes (other than income tax) associated with the sale of Products, including any related penalties or interest, and must pay for Products without any reduction for aforesaid amounts. If we will be obligated to collect or pay such taxes, the taxes will be charged to you.b. We will send request for payment and your Invoice at the billing e-mail address you have indicated on your Order Form. You must pay in the currency as indicated on your Invoice.
c. The available payment methods are displayed in connection with the Product Order Form in the Web Store and may depend on your region. Generally, we accept the following payment methods:
— i. Online payment provided by PayPal
— ii. Payments by credit and debit cards:
If you would like to pay by credit or debit card, then you must supply your card details when you place your Order. Your credit card will be charged when we issue your Invoice for your Products. We will not deliver Products to you until your card issuer has authorized the use of your card for payment of the Products ordered. Noventiq will act solely as the marketer of the respective payment method and will provide the Products to the customer. All complaints and claims for compensation will be handled by the payment method provider. With regard to payments made by credit or debit card, the payment method provider acts as the merchant of the payment service and the trade transaction takes place between the customer and the payment method provider. The payment method provider is also the recipient of the payment.
— iii. Wire transfer
— iv. National payment systems.
In some countries, national payment systems may be used. Payments through these payment systems are enabled if they are available through the Web Store.
4. Delivery and use of Products
a. In some cases, some Products might not be available for all countries. You will be informed of any such territorial restrictions before you can purchase the Product.b. Noventiq reserve the right to deliver the Ordered Products in separate shipments.
c. We will use our best endeavours to deliver your Products within the term, specified in the Product page at the Web Store and indicated in the Order Form, since the date of issue of your Order Confirmation and acceptance of payment in full.
d. All our Products are available exclusively for electronic delivery. When your Order is processed, we will send to your e-mail address specified in the Order Form, all necessary files and data, provided by Vendor for delivery, including (if applicable): the Product itself, documentation, serial number, license keys, URL-links for download, other necessary data and materials, etc. However, some Vendors may require electronic delivery to be provided by Vendor himself or by non-Noventiq party, authorized by Vendor for such delivery. In that case, Vendor or third party, authorized by Vendor, will send you all this data and materials bypassing Noventiq.
e. All Software is licensed to you directly by Vendors on the terms and conditions of the applicable End User License/Service Agreements. These End User License/Service Agreements are shipped with the Software or are provided when the Software is downloaded by you. Noventiq shall not be a party of these End User License/Service Agreements and will not have any rights, obligations, duties, responsibilities or liabilities under them.
5. Return Policy
a. Return/refund in case of a faulty Product: If you wish to return for a refund a Product that is delivered to you by Noventiq which is faulty or otherwise damaged when you receive it, or which does not correspond to the description on the Web Store, you can do so within 30 days of receiving the Product.b. Return/Refund for non-faulty merchandise: You may not cancel an Order delivered to you by Noventiq or require return or refund of Products, which comply with their description provided in the Web Store.
c. These Return Policy do not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products, but all these rights shall be excluded and limited to the extent permitted by applicable law.
d. The return of the funds may take to up to 14 banking days.
6. Relationships with the End user
a. Noventiq usually notifies the user in the following cases:
— a reminder of the ordered, but not paid product;
— message about the expiration of the test or subscription period;
— a message confirming successful and unsuccessful payment;
— a message related to the security of products purchased;
— answers to the user's questions about the product being purchased or purchased by anyone;
— information about the company's activities, such as information about the products offered by the company;
b. In the case of non-renewal by the user of any product, Noventiq is obliged to conduct a needs assessment of the client and offer a similar product.
c. A request for the exercise of the right to oblivion is not a ground for termination of the agreement. To terminate the contract, the user sends a request in an explicit form, with support for the products used and the action of all issued identifiers is either terminated or transferred to the right holders, depending on the specific rights holder.
d. During the term of the Contract, Noventiq keeps the history of the contractual relationship, provides this information to the user upon request.
e. Noventiq can delete personal data about the user, if the deletion of such data does not contradict the terms of the agreement. In the latter case, such a request may be partially implemented.
f. If you have any questions or complaints regarding the Products, you can send your request to the following e-mail address: Sales.ecom@noventiq.com. Your request will be considered within 5 working days.
7. Liability, Disclaimers
a. Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.
b. YOU AGREE THAT YOU PURCHASE AND USE PRODUCTS AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, PROVIDED, HOWEVER THAT ADDITIONAL WARRANTIES IN RELATION TO PRODUCTS MAY BE PROVIDED TO YOU DIRECTLY BY VENDORS UNDER END USER LICENSE/SERVICE AGREEMENTS.
c. Regardless of the previous paragraphs, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
d. You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Products or your breach of any law or the rights of a third party.
e. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
8. Privacy Notice
When you will be placing your Order through the Web Store, you will be providing Noventiq with your personal and other information. You agree that we may store, process and use data collected from your account and Order Form for the purposes of processing your Order according to the published Privacy Notice and Cookie Policy.
9. Applicable law
These Terms are governed by and construed in according to the legislation of the Republic of Cyprus, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of Сyprus, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Сyprus or in the other EU country (if you live in the EU country).
10. Amendments to these Terms
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms at any time. You will be subject to the terms and conditions, policies and Terms in force at the time that you Order Products from us, unless any change to those terms and conditions, policies or these Terms is required to be made by law or government authority (in which case it may apply to Orders previously placed by you). If any of these Terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
General
Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
Definitions
"Web Store" means this web site;
"Product(s)" means any Software or Services Product listed on the Web Store which we agree to supply to you under these Terms; Unless expressly indicated otherwise, Noventiq is not the manufacturer of the Products sold on this Web Store.
"Software" means any Product listed on the Web Store which is software including without limitation operating systems, bundled software, stand alone software and downloadable software, which we agree to supply to you under these Terms;
"Services" means any chargeable or other services listed on the Web Store which we agree to supply to you under these Terms;
"End User License/Service Agreement" - An end user license agreement or service agreement which constitutes a legal contract between Vendor and you. It specifies in detail the rights, duties and restrictions that apply to the Software or Services
"User Documentation" means the end-user instruction manual that usually accompanies the Software instructing end users in the use of the Software in both printed and electronic form.
"Vendor" – the manufacturer (and owner of all intellectual property rights, title and interest) of the Software and-or the provider of Services, we sell to you under these Terms.
"Order Form" means the electronic Order form available on the Web Store;
"Order Confirmation" means the Order confirmation issued by us to you indicating acceptance of your Order.