General conditions of Sale
SoftwareManiaItalia branch of SOFTWARE ESD LLP (hereinafter SMI) does not assume any responsibility for the disservices attributable due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute the sales agreement within the agreed time. SMI will not be liable to any party for damages, losses and costs incurred as a result of failure to execute the sales agreement for the reasons mentioned above, or for damages, losses and costs incurred as a result of the use or the impossibility of use of the products purchased by SMI, having the customer entitled only to the possible refund of the price paid, excluding any shipping costs. Likewise, SMI is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased. In fact, SMI is not able to know the buyer’s credit card number at any time during the purchase procedure; at the same time SMI is not able to check the correct and lawful origin of the credit document that is delivered by the customer upon receipt of the goods.at the same time SMI is not able to check the correct and lawful origin of the credit document that is delivered by the customer upon receipt of the goods. At the same time SMI is not able to check the correct and lawful origin of the credit document that is delivered by the customer upon receipt of the goods.
2) OBLIGATIONS OF THE BUYER
The customer undertakes, once the purchase procedure is concluded, to provide for the printing and / or conservation of these general conditions, which, moreover, will have ‘already’ viewed and accepted as an obligatory step in the purchase, as well as’ to printing of the specifications of the product being purchased, and this in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree 206/05. 206/05. The buyer is strictly forbidden to enter false and / or invented and / or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications; the personal data and the e-mail must exclusively be real personal data and not of third parties. The buyer acknowledges that the (serial) Product keys purchased at the SMI site MUST be activated within the terms indicated in the details. Beyond these terms, the product keys (serial) may no longer be valid and SMI will in no way be obliged to replace the same in case of any problems. If the buyer encounters problems in the 5 days following the invoice date, he can receive assistance as foreseen in art. 6 of this Terms of Sale.
CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the customer in art. 2 above (Obligations of the purchaser), as well as ‘the guarantee of the successful completion of the payment that the customer must make, are essential, so that’ by express agreement, the default by the Customer, of only one of these obligations, will determine the legal termination of the contract pursuant to art. 1456 of the civil code, without the need for judicial judgment, without prejudice to the right for SMI to take legal action for compensation for further damage.
4) JURISDICTION AND JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of online sale agreements through our website is subject to English jurisdiction; these general conditions refer, although not expressly provided therein, to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05. 206/05.
THE OPENING OF THE SEALED COMPUTER SOFTWARE MAKES THE RIGHT OF WITHDRAWAL IN any case inapplicable pursuant to art. 55 paragraph 2 of Legislative Decree 206/05. 206/05.
For more information on the software and its licenses, contact the manufacturers themselves. Failure to comply with these principles renders the right of withdrawal inapplicable. To return the goods, we recommend our customers to use the insured express mail service that we believe is faster, safer and cheaper or to contact one of the many courier services. We invite our customers to collaborate with us following our procedure for sending returns and not to send us goods for which the right of withdrawal is not applicable. In case of application of the right of withdrawal, once the goods have been received, SMI will refund the entire amount paid by the customer, excluding shipping costs,within thirty days from the date on which the communication was received in the following ways: a change of goods, a bank transfer, the reversal of the handling relating to the payment made by credit card. Attention: If the right of withdrawal is not applicable, the collection of the goods at our office will be done by the customer.
6) RETURNS AND REFUNDS
According to the New European Directive 2011/83 / EU on Consumer Rights, due to the nature of the product, i.e. digital, the customer loses the right to withdraw from the contract when the order containing the Product Key (serial) it is processed with the customer’s agreement (the product key received cannot be returned);
An exception is made only if the customer finds any problem within 14 days after the payment date and if he contacts SMI via email or WhatsApp, providing (photographic) evidence of the type of error found. SMI will carry out verifications (within the following 48h from the report) to understand the nature of the problem and will communicate to the customer how to solve the problem or possibly issue a refund. The refund will be made only through the payment method on the invoice;
After 14 days from the date of purchase, if the customer encounters problems with the ProductKey, he can request assistance from SMI, sending an email or a WhatsApp message, providing (photographic) evidence of the type of error and requesting the Product Key change following the payment of a small fee for the management of the case. The amount to be paid will be communicated later ONLY if SMI accepts the customer’s request;
Refunds for products with accounts can be arranged by subtracting the months in which the account was used from the total order.
Refunds will be issued no later than 30 days from the approval date.
This RETURN / REFUND policy is applied according to the European Directive because, being digital products, SMI can never be sure of the use that is made of the Product Key once delivered to the customer. By placing the order through the SMI website, the customer accepts this Directive in full. SMI is however willing to evaluate each single problem together with the customer in order to reach a common agreement for the resolution of the problem. Always contact us by email or WhatsApp.
7) WITHDRAWAL OF THE SUPPLIER
SMI, if he is unable to fulfill the order requested due to the unavailability of the product ordered, even temporarily, has the right to withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple reasoned communication, pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. 206/05. In this case the customer will be entitled only to the refund of any sum already paid. RETURNS Any returns for malfunctions or other reasons must be agreed in advance by e-mail with SMI which will issue an RMA serial number; the goods received that do not show the valid serial number on the packaging will be refused.
8) PURPOSE OF THE PROCESSING TO WHICH THE SENDING DATA ARE INTENDED
The data provided here, pursuant to art. 13 of Law 196/2003 on the “protection of the person and other subjects regarding the processing of personal data”, are processed, within the normal activity of our company, for: 1) purposes’ strictly connected and instrumental to the management of relations with the compiler (internal statistics, customer feedback, preliminary acquisitions of information aimed at concluding a contract or providing a service, etc.); 2) purposes related to obligations under applicable laws; 3) purposes ‘functional to the activity’ of this company. The user’s right to exercise the rights referred to in art. 7 of Law 196/2003. To this end, the interested party may contact the e-mail address of the company requesting the data. The data is processed by means of suitable tools to guarantee its security and confidentiality pursuant to Presidential Decree no. 318/99 with controlled and limited access to authorized parties. The data will be stored on computer at the headquarters, for the times prescribed by law. For more information on privacy protection visit the website of the Association for the Rights of Users and Consumers.