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Home>Company>Legal>Terms and Conditions


TERMS AND CONDITIONS FOR THE AVANQUEST.COM STORE


1. APPLICATION OF THE CONDITIONS

1.1. Scope. These general terms and conditions (the “Conditions”) apply to all
purchases of products or services (the “Products”) sold through this web site
(the “Site”), by us, or through our sister companies and subsidiaries of
Claranova SE, as the case may be, 6785719 Canada Inc. (d.b.a. “Upclick “) a
corporation incorporated under the Canada Business Corporations Act having its
registered office at 142-7075 Place Robert-Joncas, Montréal, Québec H4M 2Z2, UC
Distribution LLC, a limited liability company incorporated in the United States
of America and having its registered address at 2915 Ogletown Rd. #3783, Newark,
DE 19713 and Upclick Malta Limited, a Limited Company incorporated in Malta,
registered at Company House under company number 470, VAT number MT19614836,
with registered office at 48/4 Amery Street, Sliema, SLM - 1701, Malta.
(If you are based in the United States of America, we recommend you to shop at
our US site: www.avanquest.com/USA.)

1.2. ACCEPTANCE. BY PLACING AN ORDER ON THE SITE YOU AGREE TO ABIDE TO THESE
CONDITIONS.

1.3. Legal Capacity. You represent that you have legal capacity to enter into a
contract.

1.4. Change in Conditions. We may revise and modify the Conditions from time to
time without prior notice. The Conditions that apply to your purchase are the
one we publish on the Site at the time of your order and which at that time you
can print or save on your computer.



2. LANGUAGE OF CONTRACT

2.1. Different Language. The contract is concluded in English. Other versions
are provided for your convenience but we are not binding by these translations.

2.2. Selection of Language. By selecting a language you certify to fully
understand the Conditions and all other information displayed on the Site in the
chosen language. If you are not sure to fully understand the information
displayed on the Site or these Conditions, do not order any Product from us.



3. PRODUCTS, OFFER, ACKNOWLEDGMENT AND ACCEPTANCE

3.1. Product Descriptions. Product descriptions are presented on the Site and
can be consulted before your order. Photographs and pictures have no contractual
value.

3.2. No Offer. Any prices, quotations and descriptions made or referred to on
the Site do not constitute an offer by us but an invitation for you to offer. We
may withdraw or revised them at any time prior to our express acceptance of your
order.

3.3. Choice of Products. The choice of Products, after having studied their
features, is made under your sole responsibility and liability according to your
needs such as you previously determined them before any order. You are the only
person having complete knowledge of equipment, software and configurations that
you use and are thus sole judge of the compatibility of the Products ordered
with those you use. When you valid your order, you are deemed to have accepted
the prices, volumes, quantities and features of the Products ordered.

3.4. Acknowledgement. Prior to our acceptance of your order, an automatic e-mail
acknowledgement of your order is generated and sent to you. The purpose of this
acknowledgement is giving you the chance to confirm your order details or to
correct type errors. Please note that any such acknowledgement does not
constitute a formal acceptance of your order.

3.5. Acceptance. An order submitted by you constitutes an offer by you to us to
purchase Products under these Conditions. Your order is subject to our
subsequent acceptance; therefore, the contract is formed at our acceptance of
your order. Our acceptance takes effects when we dispatch your order after its
checking: availability and payment of the Products ordered.

3.6. Previous Dispute. We reserve the right to decline any order from a customer
with whom there would be a dispute with respect to the payment of a previous
order.

3.7. Errors. Whilst we make every effort to ensure that the prices and Product
descriptions indicated on our Site are accurate, we cannot guarantee the
correctness of all information. We reserve the right to notify you of any error
relating to a Product prior to dispatch of your order. In such event, we convey
to you the correct information so you can either (a) confirm your order under
the corrected terms or (b) cancel it. If you confirm your order, you acknowledge
that the Product is provided in accordance with such corrected terms.

3.8. Availability. We make every effort to ensure that the Products appearing on
our Site are available. However, we cannot guarantee that all Products are in
inventory or in our providers’ inventories. If we are unable to process or
fulfil your order, we may either (a) reject it (without liability), in this case
we send you a rejection email and we refund any prior payment that you have
made; (b) propose alternative Products; or (c) continue to try to source the
Products from our suppliers for thirty (30) days after your order. If we cannot
source the Products within this time, we cancel (without liability) your order
and send you a cancellation email.

3.9. Pre-orders. You may pre-order new Products. Release dates are given subject
to the information received from our suppliers and licensors. We are not
responsible if the release is delayed, cancelled or the content or cover art of
the pre-ordered Product changed. Where a new release is cancelled, we cancel
your order (without liability) your order, send you a cancellation email and
immediately refund any prior payment that you have made.

3.10. Archives - Access. After validation of your order, we may keep, during a
fair period, records of orders received, acknowledgements, acceptances and other
contracts records. We may potentially be able to provide you with copies on
written request. However, you shall print or save a copy of all such documents
and these Conditions for your own records.


4. PRICE AND PAYMENT TERMS

4.1. Prices. Prices of Products are exclusive of sales taxes or any of the
appropriate purchase taxes and exclusive of shipping and carriage charges. Such
taxes and charges are invoiced, if necessary, once you’ve specified the
necessary information, in addition to the price of the Products bought.
Promotional prices are only available individually and can't be used in
conjunction with another offer.

4.2. Prices modification. We may modify the prices at any time and without
notice. The prices payable for Products are those in effect at the time of our
acceptance of your order.

4.3. Taxes. Prices include appropriate taxes, especially the VAT for all order
shipped to or downloaded from the UK and the European Union. For all products
downloaded from a country located outside the European Union or dispatched
outside the European Union, the price will be calculated exclusive of tax. In
the event when other taxes or duties are liable to be due, such duties and sums
would not come under our authority and will be taxable to you and under your
full responsibility as regards both the statements and payments to the competent
authorities and organisations.

4.4. Shipping and Carriage. If you elect to receive a tangible copy of your
Product, we charge you additional cost for handling; shipping and carriage. You
agree to pay for the shipping and carriage of Products as such costs are
specified by us on the Site. Note that free delivery does not apply for certain
promotional and marketing activities.

4.5. Currency. For your convenience and by default, all prices are published in
British Pounds on the UK pages. However, you can choose to purchase our Products
in various other currencies at the prices posted on the Site and subsequently be
invoiced in the currency you’ve chosen.

4.6. Payment. You shall pay your order prior to delivery and by such methods as
are indicated on the Site (and not by any other methods, unless we agree
otherwise).

4.7. Security. On the Site, credit card transactions are secured and your credit
card number is encrypted. We use the 128 bytes SSL encryption standard (Secure
Socket Layer), currently the most reliable standard on the Internet.

4.8. Retention of Title. Title to Products shall not pass from us to you until
payment has been made in full.


5. DELIVERY – RISK

5.1. Address of Delivery. We deliver Products only to an existing street address
(excluding PO Boxes). You must check the delivery address on any acknowledgment
or acceptance we provide and notify us without delay of any error or omission.
If you submit us an invalid delivery address, we reserve the right to charge you
extra costs arising out from or in connection with any change you may make to
the delivery address after submission of your order.

5.2. Timescales of Delivery. Delivery timescales or delivery dates we specify on
the Site, in any order acknowledgment, acceptance or elsewhere are estimates
only. Whilst we make every effort to meet such timescales or dates, we cannot be
liable to you in respect of delay. Timescales we specify on the Site corresponds
to the current average timescales. If we are not able to deliver the Products,
we will refund your payments on request.

5.3. Risk of Loss. Risk of loss or damage to the Products pass to you on their
delivery. If you refuse or fail to take delivery of Products provided in
accordance with the Conditions, you are liable for any risk of loss or damage to
the Products and without prejudice to any other rights or remedies, we are
entitled to: (a) demand the immediate payment in full for the Products delivered
and either (i) to effect delivery by whatever means we consider appropriate, or
(ii) to store Products at Your risk; (b) demand all costs of Products storage
and any additional costs we incur as a result of your refusal or failure to take
delivery; or (c) thirty (30) days after the agreed date for delivery, we may
dispose of the Products in such manner as we determine and may set off any
proceeds of sale against any sums due from you.


6. DOWNLOAD AND BACK-UP

6.1. Download Procedure. As soon as your payment is processed, you receive an
e-mail providing a link that gives you the access to the download space. [Your
Product will be available to download up to one month after purchase].
6.2. Backup CD Option. When you order your Product, you may order a "Backup CD".
This option allows you to receive a custom CD of the Product you have download.
This way, you can instantly start using the downloaded Product, but also have a
backup copy if you ever have to re-install it on your PC.
6.3. Extended Download Period. You may subscribe to our “extended download
period” option which means that your Product is available for you to download
for up to 2 years after the purchase date.


7. SUPPORT

7.1. Availability. The technical support for the Products vary according to the
Products and the countries, as detailed in Product Description pages on the
Sites. We may modify these conditions at any time and without notice. The
applicable conditions are those in effect at the time of sale. Technical support
may be provided by either our services or our associated companies. 


8. STATUTORY CANCELLATION RIGHT

8.1. Consumer Cancellation Right. As a consumer, you have the right, pursuant to
the Distant Selling Regulations 2000, to cancel your order for any reason
without statement of reasons during the period of seven (7) days after the day
on which the Products are delivered or the services being provided commence
(“Cancellation Period”). Such right does not apply (a) to Products downloads
which by reason of their nature cannot be returned and (b) to software that you
have unsealed from the packaging.
8.2. Exercise of Cancellation Right. To exercise your right of cancellation, you
must send during the Cancellation Period a written notice of cancellation to our
Customer Service (see contact section). You should keep sufficient evidence of
having given us the cancellation notice. Your notice must state the following
information: customer information (first name, last name, address, email
address, phone number) and order reference.
8.3. Refunds. If you exercise your statutory right of cancellation, we refund
you any sum paid in connection with your cancelled order as soon as possible and
in any case within a period of thirty (30) days beginning with the day on which
the notice of cancellation was given.



9. SATISFACTION GUARANTEE

9.1. Scope. Under our Satisfaction Guarantee policy, you may cancel your order
for any reason during a period of thirty (30) days after the day on which the
Products are delivered (“Contractual Period”). In order to benefit from this
additional guarantee, please follow the procedure described below.

9.2. Exercise of Satisfaction Guarantee. To exercise your right of cancellation
under the satisfaction guarantee, you must send during the Contractual Period a
written notice of cancellation by mail postage prepaid with confirmation of
receipt to our Customer Service (see contact section). Your notice must state
the following information: customer information (first name, last name, address,
email address, phone number) and order reference. For Products downloads, you
must accompany your notification by a written statement whereby you represent
that: (a) the Product is uninstalled from all your computers; and (b) You will
never install or use it anymore; tangible Products physically delivered to you
must be returned to us under the conditions stated in section 11. 

8.3. Refunds. If you exercise your right of cancellation under the “satisfied or
reimbursed” guarantee, we refund you any sum paid in connection with your
cancelled order as soon as possible and in any case within a period of forty
(40) days beginning with the day on which the notice of cancellation was given.



10. LIMITED GUARANTEE

10.1. Scope of Guarantee. We guarantee the software mediums (CD-ROMs…) for a
fair period that cannot exceed thirty (30) days from receipt of the Products.
Replacement of a medium does not extend the thirty day limited guarantee period.
We give you the warranty that all the Products, in all material respects, comply
with the description given of them on the Site and that they are of satisfactory
quality and fit for the purpose for which they are indicated on the site.

10.2. Limitations of Guarantee. You loose the benefit of the contractual
guarantee where: (a) the defect results from repair or alteration by any persons
other than the manufacturer or us; (b) Products have not been returned with a
detailed description of the defects observed; or (c) defects are due (wholly or
partially) to mistreatment, improper use or storage or maintenance or
installation, or failure to observe any manufacturers’ instructions or other
instructions issued or made available by us in connection with the delivered
Products.

10.3. Exclusions of Guarantees. We do not offer any other guarantees, whether
express or implied, particularly and unreservedly as regard the guarantees
relating to the quality and the compatibility of the products and their
documentation for a specific use. You expressly acknowledge that it is not
possible to guarantee that software products meet performance requirements or
that they work without discontinuity or bug. Consequently, we do not bear the
risks relating to the software quality and performance. To the extent permitted
by the applicable law, the warranties stated herein are expressly in lieu of all
other warranties, and unless otherwise expressly stated herein, we make no other
warranty, expressed or implied, whether in law or in fact, oral or in writing,
including, but not limited to, any express or implied warranty of
merchantability or fitness for a particular purpose with respect to the Products
or otherwise in connection with these Conditions or non infringement or the
like.


11. RETURNS OF PRODUCTS

11.1. Procedure. If you cancel an order by exercise of your statutory right of
cancellation under section 8, or by exercise of the contractual “satisfaction
guarantee” under section 9, you are notified in writing by our Customer Service
how to return the Products subject to the cancelled order. If you want to return
faulty Products under the Limited Guarantee of section 10, please contact our
Customer Service for full guidance. For any Products which are defective,
damaged or sent in error by us, we refund the cost of the Products plus any
postage charges paid by you as part of your initial order. If you require a
replacement, we send this to you free of charge. Please note that Products must
be returned within 30 days of receipt in order for them to quality for refund.

11.2. Duty of Care. In case of cancellation, you must not use the Products and
you must take a reasonable care of them.

11.3. Costs of Returning Products. Costs of returning Products are paid by you
in case of cancellation of orders in exercise of our statutory right of
cancellation under section 8, or by exercise of the contractual “satisfaction
guarantee” under section 9. Costs of returning defective Products under
section 10 are paid by us.

11.4. Risk. The risk of loss or risk of damage to the returned Products passes
to us only upon their receipt.


12. DATA PROTECTION

12.1. Collection of Data. We collect personally identifiable information to the
extent reasonably necessary to serve our legitimate business purposes, and we
use and will maintain appropriate safeguards to ensure security, integrity and
privacy of the information you have provided. In addition we take reasonable
steps to ensure that third parties to whom we transfer any data provide
sufficient protection of that personal information. We collect two types of
data: information necessary to the delivery of Products to you (you’re your
name, address and email information (“Customer Information”) and information
necessary to the payment process of your Products (e.g. your name, banking and
credit or banking card information (“Payment Information”).

12.2. Disclosure of data to other parties. As explained in Section 4.7, Payment
Information are encrypted and held on secured servers by our provider in charge
of the payment process (Global Collect, DataCash, Bibit…). We disclose your
Customer Information to our parent company Avanquest Software and we reserve the
right to disclose them to any other associated companies.

12.3. Use of data. Payment Information is used only by our providers to the
extent necessary to process your payment. Customer Information is used to inform
you about the latest changes to the Site and Products or Services that you may
find of interest. Please note that usually our all email marketing activities
are made by our parent company Avanquest Software, however, we reserve the right
to contact you either directly or through other associated companies. We invite
you to consult the Avanquest Software Privacy Policy.


13. LIABILITY LIMITATION

13.1. Death, Personal Injury, Negligence. We do not exclude or restrict our
liability for death or personal injury resulting from our negligence.

13.2. Foreseeable Losses. We are only liable for losses which are foreseeable to
both you and us as a consequence of us breaching these Conditions and caused by
our negligence. We are note responsible for any commercial or business losses
(including without limit, loss of goodwill, profits, contracts, anticipated
savings, data or waste expenditures) or any other indirect or consequential loss
that was not reasonably foreseeable to both you and us at the time our contract
was formed, or at the time you began using the Site (whichever is the later).
Nothing in these Conditions shall affect statutory rights.


14. SOFTWARE PROGRAMS

14.1. Licensing Terms. When we supply Products which are or include software
programs (the “Software“), the Software is licensed by the relevant licensor.
Its use is subject to the end-user license agreement or other licensing terms
included with the Software. Under no circumstances, delivery or download of
Software, means transfer of any ownership interest in the Software.

14.2. Copyright. Such Software may not be copied, adapted, translated, made
available, distributed, varied, modified, disassembled, decompiled, reverse
engineered or combined with any other software, save to the extent that this is
permitted in the licensing terms or applicable law expressly mandates such a
right.


15. GENERAL

15.1. Consumer Law. The Conditions cannot restrict or exclude of our liability
or of a manufacturer’s towards you, when an applicable law in your country
forbids such contractual restriction or exclusion. The Conditions does not
affect the rights you have under an imperative legislation concerning the
protection of consumers.

15.2. Assignment. You are not entitled to assign or delegate your rights under
these Conditions to third parties.

15.3. Severability. If a competent Court determines any provision of these
Conditions to be invalid, unlawful or unenforceable, it will be declared void or
invalid but such decision will not affect the validity or unenforceability of
the remaining provisions.

15.4. Entire Agreement. These Conditions constitutes the entire agreement
between you and us with respect to their subject matter and supersede all prior
communications or agreements, both oral and written, between us and you.

15.5. Waiver. No term or provision of these Conditions will be considered waived
by us and no breach excused by us, unless such waiver or consent is in writing
signed. The waiver by us of, or consent by us to, a breach of any provision of
this Agreement by you, does not operate or cannot be construed as a waiver of,
consent to, or excuse of any other or subsequent breach by you.

15.6. Headings. The section headings are for convenience of reference only and
in no way affect the interpretation of these Conditions.

15.7. Rights of Third Parties. Save as expressly provided, these Conditions are
not intended to confer any benefit on a third party under the provision of the
Contracts Act 1999 (Right of Third Parties). Any rights not expressly granted
herein are expressly reserved to us.

15.8. Export Control Laws. Product, including software and documentation,
available on the Avanquest Software websites is subject to export controls
administered by the United States and other countries. Diversion contrary to
U.S. law is prohibited. Export, re-export or import of certain product may
require action on your behalf prior to purchase and it is your responsibility to
comply with all applicable international, national, state, regional and local
laws, and regulations, including any applicable import and use restrictions.

15.9. Jurisdiction. The Conditions are construed and governed by English law
without reference to its conflict of laws principles. The courts of England have
exclusive jurisdiction in relation to any claim, dispute or other matters
arising from these Conditions or the supply of Products by us.

For customers of UC Distribution LLC who reside in the United States of America,
the jurisdiction for disputes will be the State of Delaware.

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