These terms apply to purchases of products (including but not limited to hardware and/or software, download links, license keys, codes or Backup CDs) ("Products") or services ("Services") which are sold in this website ("Site") by: (a) Bkav Corporation to (b) You, the Purchaser (references to "you" or "your" being construed accordingly).
IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.
2. Offer, Order and Acceptance
- All prices and products descriptions made or referred to on this website do not constitute an offer and may be withdrawn or modified at any time prior to Bkav's acceptance of your order. Bkav cannot guarantee that all Products are in stock, but is doing its best to ensure the availability of the products.
- Bkav reserves without liability the right to reject your order if is not able to process or fulfill it. In this case Bkav will refund any prior payment that you have made for that product (if any). Any order submitted by you to Bkav is an offer to purchase products on these conditions and is subject to Bkav's acceptance. Bkav's acceptance of your order takes effect and the contract is concluded when Bkav delivers your order. You declare that all and any information provided by you when placing an order is up-to-date and materially accurate in order for Bkav to fulfill your order. You are responsible for maintaining and updating your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.
3. Price and Payment
- Prices payable for Products are those in effect at the time of receiving the order, unless otherwise expressly agreed or mentioned. Prices will be indicated on the website but the final and the right price in the event of any discrepancy is the price that is notified to you on Bkav's Acceptance of your order.
- Bkav reserves the right prior to the order Acceptance to withdraw any discount and/or to modify prices, to take into account increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Programming or data errors in our website may lead to inaccuracies in pricing. When the price is inaccurate or substantially under the market price, Bkav will, in general, honor the orders, but reserves the right to correct the price and offer to sell the product to you at the correct market price.
- Bkav will notify you of any errors in pricing prior to product delivery. In such event if you choose to continue with your order, you accept the new conditions and prices as notified by Bkav. Prices (unless stated otherwise) are in the currency quoted on the website.
- Payment shall be made prior to delivery and by such methods that are indicated on the website or by any other method expressly agreed by Bkav. Bkav will charge your credit or debit card online after the order is placed and your credit or debit card information is provided to Bkav. Bkav reserves the right to verify the credit or debit card payments prior to acceptance.
- The precise delivery dates are specified on the website. However, there might be exception in some cases. Bkav will not be liable in respect of delay, but is doing its best to ensure the delivery on time. In case Bkav may not be able to deliver the Products, your payment will be refunded on your written request.
- Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Bkav or our affiliates that participate in the selling of the Products, be liable for any indirect, special, incidental, or consequential damages.
- Bkav or its affiliates will be liable for damages caused by a breach of a material contractual obligation with intention or gross negligence but limited to the amount of damages and up to maximum the Product's value. This limitation of liability applies to all damage claims irrespective of their nature and continues in force notwithstanding termination of the contract. You shall indemnify Bkav against any liabilities, claims and costs incurred by or made against Bkav as a direct or indirect result of selling Products or performing services to your specific details causing an infringement or alleged infringement of any proprietary rights of any third party.
- The transaction shall terminate when Bkav completes Product delivery. Under no circumstances, shall You return Products to Bkav when the transaction terminates.
- Bkav can suspend or stop delivery of Products in case You commit any act of bankruptcy (e.g. deed of arrangement with creditors, winding-up against You) or if we believe that You cannot pay your debts. Bkav also can in these cases terminate your order by a written notice sent to You by email or fax .
7. Title to products
- The title of the Products will pass to You at the time the payment in full of the price of the order (including interest or other payment due for the Product) has been made by You and entered into Bkav's bank account.
- Until the payment is made and the money enters into Bkav's bank account, you shall have possession of the ordered Products. If You are a consumer You shall not resell the Products .
- You are responsible upon delivery for checking Products delivered by Bkav and verifying their condition, in accordance with their description and complete only with respect to apparent defects and apparent short deliveries. If You fail to notify Bkav about such failure in writing within 15 (fifteen) days, your rights arising from defective Products or short delivery are excluded. In case of short delivery or delivery of wrong products, You shall send your complaints to Bkav, and your complaints will be solved in accordance with the relevant complaint policy applicable.
- Any notice or other communications in relation to our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
• In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
• If posted, 5 working days after the date of posting;
• If by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a working date, the first working date thereafter).
• If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
10. Applicable law
- All and any disputes arisen out of or in connection with our contract will be settled first amiably in maximum 30 days from starting. If the amiable negotiations fail any such disputes shall be settled by the law and the courts from the territorial jurisdiction of Bkav's office, as the case may be.
11. General terms
- The provisions of these Terms are separated and the lack of validity of any provision will not affect whatsoever the validity of the other provisions. These Terms represent the freely expressed will and it is the only Terms between Bkav and You, while any previous Terms, whether written or oral, are not obligatory, except in case they are included herein. Bkav reserves the right to change the present Terms from time to time while it provides notice of material changes on the present website. Your continued order, placed on this website, after such notice has been posted constitutes your acceptance of the changes. You are not entitled to transfer or assign your right and obligations under these Terms to a third party, without the written approval of Bkav.