Purchase Term and Conditions
In these Terms and Conditions of Purchase ("Purchase Terms"):
- "CUSTOMER" means an individual or a legal entity purchasing PRODUCT.
- "DEVDEPT" means devDept Software S.a.s. with its registered office at Via de Sanctis, 7/b, Bologna, BO 40132, Italy, registered at the Chamber of Commerce in Bologna under number 496718.
- CUSTOMER accepts these Purchase Terms by placing an order for PRODUCT with DEVDEPT. Orders placed by CUSTOMER with an external DEVDEPT distributor are subject to terms and conditions of purchase set forth by that distributor.
ORDER PLACEMENT AND ACCEPTANCE
CUSTOMER may place an order with DEVDEPT:
- online on the DEVDEPT website www.devdept.com;
- by fax or e-mail using the appropriate DEVDEPT sales office contact.
Order details shall be in English. CUSTOMER can modify order details before acceptance of the CUSTOMER order by DEVDEPT. English is the preferred language for order-related enquiries.
Any order is not binding upon DEVDEPT until accepted by DEVDEPT. Non-acceptance of an order may be the result of one of the following:
- failed payment;
- growing backlog or negative payment history;
- incomplete or incorrect order details, such as missing e-mail address for delivery, missing CUSTOMER billing address, or a pricing or PRODUCT description error, among others;
- ineligibility according to the order criteria (e.g. entitlement to upgrade or to certain PRODUCT purchase options restricted to particular users or purpose of use).
PRICES AND PAYMENT TERMS
devDept sets prices and accepts payments for its PRODUCTs in the following currency: EUR. Prices are subject to change by DEVDEPT.
DEVDEPT accepts major debit and credit cards (collectively, "payment cards"). DEVDEPT is not responsible for any payment failure resulting from inaccurate payment card details
provided by Customer when placing an online order, any restrictions applicable to payment card by
Customer's bank, or payment gateway failure.
DEVDEPT only accepts purchase orders from existing corporate CUSTOMERs with clear payment history.
Purchase orders can only be paid by wire transfer or cheque on net 14 days terms. Purchase orders
from newly registered corporate CUSTOMERs and offline orders from individual CUSTOMERs are subject
to advance payment by wire transfer.
- DEVDEPT ships no physical PRODUCTs. Any details necessary to enable CUSTOMER to download and/or use the purchased PRODUCT (including license keys or access details where applicable) will be delivered by DEVDEPT to CUSTOMER via e-mail to an e-mail address provided by CUSTOMER. CUSTOMER is responsible for providing DEVDEPT with a valid e-mail address for delivery purposes. No shipment is charged by DEVDEPT for e-mail delivery.
- DEVDEPT will use its best efforts to deliver PRODUCT purchased by CUSTOMER within 2 business days of the order acceptance. DEVDEPT shall not be liable for any failure to deliver PRODUCT within this timeframe.
TAXES AND DEDUCTIONS
- PRODUCT prices do not include any national, state or local sales, use, value added or other taxes. CUSTOMER shall pay any such taxes, if applicable.
- CUSTOMER bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by CUSTOMER from the amount payable to DEVDEPT under any DEVDEPT invoice.
- Purchases from the European Union ("EU") countries may be subject to the EU value added tax. CUSTOMERs from the EU are responsible for providing a valid VAT ID, if any.
WITHDRAWAL AND REFUND
- DEVDEPT provides an opportunity to evaluate any of its PRODUCTs free of charge during a trial period specified in the applicable end-user license agreement, and encourages CUSTOMER to fully evaluate PRODUCT prior to purchasing. CUSTOMER may withdraw from using PRODUCT at its sole discretion anytime before expiration of a free trial period.
- Any refund request following the PRODUCT purchase date will be subject to the prior authorization by DEVDEPT and acceptance of such request shall be at the sole discretion of DEVDEPT.
In accordance with the union law regulations that are directly applicable in all EU Member States:
- DEVDEPT has not an Export Control Classification Number (ECCN) according to General Software Note by Reg. UE No 428/2009 and Reg. UE No 388/2012
- PRODUCTs may be exported under union law regulations to most destinations with No License Required ("NLR"). Restricted countries currently include, but are not necessarily limited to Iran, Iraq, Libya, North Korea, and Syria.
- Information provided by DEVDEPT under this Section 7 is only intended for general information purposes and should not be construed as legal advice concerning Italian export laws and regulations. For details on export restrictions applicable to PRODUCTs, CUSTOMER should refer to the union law regulations.
- No terms and conditions other than the terms and conditions contained herein shall be binding upon DEVDEPT unless accepted by DEVDEPT in writing signed by the duly authorized DEVDEPT representative. If CUSTOMER's terms and conditions of purchase are different from or in addition to these Purchase Terms, these Purchase Terms shall prevail.
For any questions regarding these Purchase Terms, please contact devDept Software S.a.s. at:>
Address: Via de Sanctis, 7/b, Bologna, BO 40132, Italy
Fax: +39 (051) 740 1811
Version 1.1, Revised Jan 23, 2017