General Terms and Conditions of Sale
The following terms and conditions apply to your purchase of products from konXsys bvba.
By submitting an order you are confirming your agreement and acceptance of these terms and conditions.
By filling out the order information form, the customer can place an order for the selected products. This order is subject to acceptance by konXsys and can be refused for any reason. Once the order has been received and accepted, konXsys will send an order confirmation by email.
Orders will not be processed before complete payment of the purchase price.
Orders from EU member state customers will be subject to a VAT details validity check. If information provided by the customer is not valid, konXsys has the right to continue or cancel the transaction at its own discretion. Upon cancellation, the customer will be informed by email and reimbursed for the amount already paid minus all related charges and fees.
Prices are in Euro excluding taxes, unless stated otherwise. Prices mentioned in other currencies are for informational purposes only.
Regardless of any price changes published on the website, prices quoted on the order remain valid.
Any local taxes, duties or other official charges applicable for certain countries, remain at charge of the customer.
Payment for online orders are accepted via bank transfer or via PayPal (including Visa, Mastercard or any other method accepted by PayPal).
Invoices are issued in Euro and will be send in digital format by email.
Within two business days following the confirmation of the full payment, konXsys will send the login credentials for downloading the software, the license key (if applicable), and the invoice by email to the address specified on the order information form.
Access to software and its updates is only available online via an internet connection and using the supplied login credentials.
Customer acknowledges that it is illegal and a violation of this agreement to copy or distribute the downloaded software or the login credentials among non-licensed persons.
RIGHT OF WITHDRAWAL
Since this order concerns downloadable software and a free trial version of the software is available for evaluation purposes, the customer has no right to revoke the purchase.
DATA PROTECTION AND PRIVACY
The customer agrees to the collection, storage and use of its personal data for processing the order, invoicing and support.
The collected data will be protected using secure technologies and will not be disclosed to third parties.
The customer’s data may be used for promotions by konXsys. At any time the customer has the possibility to opt out of the mailing list.
The customer can obtain a copy of or modify its personal data on simple request by email.
konXsys will not be liable for any loss or damage suffered or incurred by the customer arising from our delay in fulfilling or failure to fulfill, to the extent that such delay or failure is caused by any circumstances beyond our reasonable control.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, konXsys expressly disclaims any warranty for the software. The software and any related documentation is provided “AS IS” and without any warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party proprietary rights. The entire risk arising out of use of the software remains with the customer.
DISCLAIMER OF DAMAGES
Under no circumstances will konXsys or its licensors be liable to the customer for any direct, consequential, indirect or special, punitive or incidential damages (including without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss), whether foreseeable or unforeseeable, arising out of or relating to the use or inability to use the software, even if konXsys has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. Furthermore, konXsys’ liability for direct damages shall not exceed the license fee, if any, paid by the customer directly to konXsys for use of the software.
APPLICABLE LAW AND PLACE OF JURISDICTION
These terms and conditions are governed by Belgian law. In case of disputes, the court of Brugge, Belgium, will have exclusive jurisdiction.
These general terms and conditions, along with any terms contained in the End-User License Agreement (EULA) constitute the entire and complete agreement.