General Conditions of Sales Applicable to Users
1. IDENTITY OF THE SELLER XWARE42 LTD
Company Number: 13321373 Our Register office Address : (27 Old Gloucester Street, London, United Kingdom, WC1N 3AX)
2. APPLICATION OF CONDITIONS. these general terms and conditions of sale (GCS) are applicable to all sales made by consumers on xware42.com website. Professional buyers as resellers are invited to visit www.xware42.com or contact our customer care. You agree that the information requested for the conclusion of the contract or those submitted during its execution will be transmitted electronically. The GCS may be modified at any time and without prior notice by Our Company, the modifications being applicable to all subsequent orders. The applicable GCSs are those that are operative on the day of the order.
3. ORDERS. The essential features of the product are indicated in the “Product description section”. Our Company can update, improve its cards and withdraw its products from the sale. How long the spare parts that are essential to the use of goods will be available on the market will be communicated to you when we are informed by the manufacturer. For products that are not stored in our storehouses, the availability of our offers depends on the availability of our suppliers. The delivery restrictions are indicated in the product sheet. It is your responsibility to check with the local authority in your country for any import restrictions or use of products or services you plan to order. Any weird orders that are made in bad faith, any fraud or attempted fraud, any incident concerning the payment for order could lead to the deletion and/or deactivation of the customer account concerned and/or the refusal of the order.
4. STEPS TO CONCLUDE THE CONTRACT. The GCSs are available on our website and sent by e-mail with the invoice. When the first order is placed on the Internet, all new customers must create a “Client Account”; a login and a password of at least six alphanumeric characters will be requested. At each order validation, you will be directed to your account via a secure connection recalling the contents of your order. Your order can be changed at any time before its final validation. It will be definitively registered only after the information has been completed and final validation has been completed. The order placed on our site is automatically cancelled if the payment is not received. English is the only language proposed for the conclusion of the contract. Our Company archives purchase orders and invoices on its servers (a copy can be delivered to you upon request for payment of the reproduction costs). The contract is validly concluded as a result of the “double-click” procedure (possibility to verify the detail of your order and its total price and to correct any errors before confirming it to express your acceptance). The acceptance of your order is confirmed by the sending of an email generated automatically by our website to the e-mail address indicated during the creation of the customer account.
5. PRICES: The prices shown on the site are indicated in USD, all taxes included, excluding shipping costs. The cost of delivery is calculated automatically according to each order; it appears on the summary of your order before the final registration. For deliveries outside the United States, the provisions of the General Tax Code relating to VAT are applicable. Any order delivered outside mainland France may be subject to any local taxes, customs duties, dock dues and customs clearance costs at the time of delivery. Their acquittal is your responsibility. Please contact the competent authorities of the country of delivery.
6. Payment. Any payment made to Our Company cannot be considered as a deposit. The means of payment accepted are indicated on the page “payment methods” of the website. In case of a complaint, you can never withhold all or a part of the sum or ask for a refund. In case of late payment or partial payment, Our Company may for this reason alone and without the need for any prior notice suspend immediately the deliveries without you being able to claim damages. As a precaution against fraud, our Company may ask you to justify your identity, your address and the payment methods used. In this case, the processing of your order will be carried out after the receipt of these documents. In the absence of receipt of these documents or in case of receipt of justifications that are deemed non-compliant the order can be cancelled and the account blocked.
7. Shipping. In the absence of any indication, our Company delivers the goods without undue delay and at the latest thirty days after the conclusion of the contract. The delivery is made to the address you indicated when you placed your order. Shipping means the transfer of the physical possession to the user. In case of late delivery, you can resolve the contract in accordance with the provisions of article L.216-2 of the Consumer Code.
7.1. Transport. Any risk of loss or damage to the goods will be transferred to you once you or a third party other than the proposed carrier that our Company and you designated physically takes possession of it. (Section 216-4 of the Code of consumption). It is your responsibility to refuse the delivered order if the merchandise is damaged, missing or if the package has been opened or repackaged in the absence of precise and detailed reservations on the delivery note (article L133-3 of the commercial code). We invite you to contact us immediately so that we can inform you about the procedure to keep the claims against the carrier.
8. LEGAL NOTICE FOR SOFTWARE DELIVERED BY MAIL. A download product is excluded from the refund once the customer has received the order email in which both the download link and the license intended for him are included and visible.
In accordance with the provisions of the Court of Justice of the European Union since the judgment in UsedSoft GmbH vs. Oracle International Corp., dated 3 July 2012 (Case C-128/11), EB states that:
Licenses that are sent and distributed only once cannot be resold to any other customer. Once the customer has received his or her electronically transmitted license, the license is his property and cannot be passed on to any other person.
the Product was acquired by EB legally
The Product is not a trial or a temporary version, it is a version that is valid for life.
8.1. Right of withdrawal. By accepting our terms and conditions of sale and in accordance with the provisions of article L .121-21-8 of the Consumer Code, the customer waives any right of withdrawal for all software products that are transmitted electronically after receiving the order confirmation.
9. CONTACT AND AFTER-SALE SERVICE. If you have any request, we invite you to contact our services by logging on our site and by visiting the CONTACT page for xware42.com or by writing to xware42.com or to the following address 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX
10. Withdrawal. Under the conditions stipulated by the articles L221-18 and following the Code of consumption, the buyer has a period of retraction of 14 days from the day when he or a third party other than the carrier that it designated by him takes Physical possession of the property. For orders of several items that are delivered separately, the withdrawal period begins on the day on which the buyer or a third party other than the carrier designated by him physically takes possession of the last property. To exercise the right of withdrawal, the buyer must notify Our Company of its decision to withdraw by a declaration that contains no ambiguities. It is recommended that the purchaser use the electronic withdrawal form available on the CONTACT space or attached to these conditions. From the date of notification of withdrawal, the buyer has a period of 14 days to return at his own expense the goods to our logistic warehouse at the address given to him at the delivery of his return number. The cost of returning the property when it cannot normally be returned by post is indicated on our website (FAQ or CUSTOMER SERVICE page). Buyer’s liability may be incurred in the event of depreciation of property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the goods. In the event of a withdrawal from the buyer, Our Company reimburses him all payments received from him, including delivery costs except for the additional costs arising from the buyer’s choice of a delivery mode other than the least costly delivery method proposed by Our Company when ordering. This is usually the Relay Delivery package or the home delivery if the previous mode is not offered. Our Company proceeds to the redemption 10/08/2016 within 14 days following the notification of the retraction using the same payment method as used for the initial transaction unless the buyer asks for the use of a different mean. For specific payments made by using a virtual blue card, they will be refunded by check. Our Company may postpone the refund until receipt of the product purchased or until receipt of proof of the shipment of it, the date was chosen to be the date of the first of these facts. As proof of the shipment of the goods, only the receipt sent by the carrier is accepted. All products of Our Company are subject to the right of withdrawal. However, the right of withdrawal may not be exercised for: – the supply of goods made according to the consumer’s specifications or clearly personalized, such as in particular the parts assembled at the request of the buyer. – Products which, because of their nature, cannot be re-shipped or are liable to deteriorate or to perish rapidly, such as, ink cartridges, CD or DVD cases. – Contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer. This term does not apply to Resellers. – Sales in stores. – Purchases made by professionals.
11. GUARANTEE. When a problem arises with a material, we invite you to contact our customer care team by visiting our website and using the CUSTOMER SERVICE page.
11.1. Manufacturer’s warranty. For products with a specific manufacturer’s warranty (warranty coverage directly by the manufacturer, or on-site warranty or specific warranty extension), the Customer must contact the manufacturer directly without going through our Company which does not Provide any commercial warranties with respect to these products. Our Company will refuse any return of merchandise within this framework and cannot be held responsible for any defect from the manufacturer’s side under this guarantee.
11.2. Business Warranty
Standard warranty: The products are warranted by the manufacturer and, failing this, by Our Company against any defects in material or workmanship for a period of 12 months from the date of delivery, except for special conditions expressly stated. The products in the “Business Corner” section are guaranteed for 2 months. In all cases, items with a unit value of less than 25£ excluding VAT, are guaranteed only for a period of 6 months from the date of delivery. Software, video games, books, consumables, cartridges, and data storage media (CDs, DVDs …) are not guaranteed by Our Company. Batteries, LCD monitors and laptop screens are warranted within the manufacturer’s warranty period.
Comfort and expert guarantees: You can also subscribe to the Confort Pack or the Expert Pack, the conditions of which can be found on the “Our Services” page.
Exclusions: Our Company does not guarantee:
External damage: Damage resulting from improper use of the products
Damage resulting from the intervention of a repairer not approved by Our Company or by the manufacturer.
Limitation: The commercial guarantee of Our Company is limited to the repair, replacement or refund in the value of goods recognized as defective by Our Company taking into account the use that has been made of it and this is up to the free choice of Our Company. Our Company is solely responsible for ensuring the replacement of defective parts and the repair of damage of goods supplied to the customer by Our Company.
If the equipment cannot be replaced with the same equipment, you will be offered equivalent or better equipment or a credit note. Subject to mandatory legal provisions, the liability of Our Company is strictly limited to the obligations defined in these conditions or where applicable to the express terms.
Our Company cannot be held responsible for the loss or the alteration of the data or programs present on the materials or supports (diskettes, hard disks …) which are returned for technical intervention, that the products are Whether under warranty or not.
Our Company cannot under any circumstances be held liable for the material and immaterial damage that would occur during the breakdown in the event of a return of products that have not been provided by Our Company. Our Company cannot be held responsible for the guarantee of breakdowns or damages resulting directly or indirectly from the following cases:
– Any unprotected or prolonged storage
– Any negligence, incorrect connection or handling and maintenance and use of equipment not in accordance with the technical specifications of the seller or the manufacturer or more generally a defective or awkward use.
– Any addition of additional equipment or accessories to the equipment or use of any parts necessary for the operation of the equipment that does not comply with the technical specifications of the vendor or manufacturer.
– Any mechanical, electronic, electrical or other modification or transformation made to the equipment or its connection devices by any third party. In the event of bankruptcy or impossibility of supply of the manufacturer, the customer cannot turn against Our Company, which will not assume any responsibility for the guarantee on products covered by a guarantee of the manufacturer.
11.3. Legal warranty. The commercial guarantee of the manufacturer or the commercial guarantee of Our Company does not preclude the legal guarantee of defects in conformity of the goods to the contract and the defects of the thing sold under the conditions stipulated in articles 1641 to 1648 and 2232 of Civil Code.
Legal guarantee of conformity (see the below reference texts) :
When you act as a legal guarantee of compliance, you can:
Benefit from a delay of 2 years from the issuance of the property to act (Article L217-7 of the Consumer Code)
You can choose between repair or replacement of the property, subject to certain cost conditions provided for by article L.217-9 of the Consumer Code
You are exempted from reporting evidence of non-conformity during the 24 months following the issuance of the goods (Article L217-7 of the Consumer Code) and 6 months for second-hand goods.
The legal warranty of conformity applies irrespective of the commercial warranty or the manufacturer warranty that may have been granted.
The legal warranty of the hidden defects on products sold:
You can decide to implement the legal guarantee against the hidden defects of the thing sold (Article 1641 of the Civil Code). In this case, you can choose between the resolution of the sale or a reduction of the sale price (article 1644 of the Civil Code).
Legal Warranty of Conformity (Consumer Code)
Article L217-4: The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of issue.
It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Article L217-5: The property is in conformity with the contract:
1° If it is suitable for the customary use of a similar good and, on 10/08/2016 where applicable.
: – if it corresponds to the description given by the seller and possesses the qualities which he has presented to the buyer in the form of a sample or a model; – if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Article L217-16: Where the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, to repair the warranty, Period of at least seven days is in addition to the remaining warranty period.
This period shall begin from the buyer’s request to intervene or from the availability for the repair of the goods in question if such availability is subsequent to the request for intervention.
The legal warranty of latent defects on products sold (Civil Code)
Article 1641: The seller is responsible for the hidden defects of the product sold which makes it unsuitable for the use for what it is intended or which diminishes that use, that the buyer would not have acquired it or would have given a lower price if he had known them.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice to return the item and to have the price refunded, or to keep the item and to obtain part of the price.
Article 1648 paragraph 1: The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
12. PROPERTY RESERVES. The goods delivered to you and invoiced will remain the property of Our Company until full payment of their price. During the period from the delivery to the transfer of goods the risk of loss, theft or destruction, as well as any damage you may incur, shall remain your responsibility.
13. COMPUTERS AND FREEDOMS. Our Company collects information about you when you create your Client Account. This information enables us to carry out operations relating to customer management, prospecting, the development of business statistics, the management of requests for access rights, rectification and opposition, the management of Unpaid orders and litigation, management of promotional operations and reviews moderation. These data may be used for sending information and promotional offers from Our Company, from which you can unsubscribe at any time by unchecking the My Account / Manage My Subscriptions page option.
In accordance with the provisions of the Data Protection Act of 6 January 1978 (as amended by the law of 6 August 2004 on the protection of individuals with regard to the processing of personal data) you have a right of access, rectification or opposition to your personal data collected. These rights can be exercised by writing to xware42.com or, 60 Anson Rd 10 #06-10 Tech place, Singapore 569626
14. WASTE OF ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE). Our Company takes back free of charge the used electrical and electronic equipment which the consumer discards, within the limit of the quantity and the type of equipment sold. For this purpose, contact our customer service. We inform you of – the obligation not to dispose of WEEE with household waste, – that there are collection systems available to you, – the potential effects of hazardous substances present in the EEE on the environment and healthy human. You are informed of the unit costs incurred for the disposal of historical WEEE through the eco-contribution.
15. FINAL PROVISIONS. Our Company will archive purchase orders and invoices on a reliable and lasting basis constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of our Company shall be considered by the parties as evidence of communications, orders, payments and transactions between the parties unless proven otherwise. French law is applicable without, however, removing the application of the mandatory legislative rights granted to consumers or a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. Should any of the clauses or provisions of these Terms and Conditions be annulled or declared illegal by a final court decision, such nullity or illegality shall not affect the other clauses and provisions, which shall continue to apply. The consumer is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure or to any other alternative means of dispute settlement). The consumer is also informed of the existence of the platform put online by the European Commission which aims to collect any complaints arising from an online purchase of European consumers and then forward the cases received to the competent national mediators.
16. Refund & Return Policy: Xware42 ltd selling Digital goods ( License key) we offer 7 days return if this product key is not used. However, 30 days replacement warranty if any goods not working. & Lifetimes support from us.