1 APPLICABLE LEGISLATION AND SCOPE OF APPLICATION
1.1 These conditions of sale are subject to Spanish legislation, and will be applicable to all sales transactions between Easygoband World SL, and its customers.
1.2 The acquisition of the product developed by Easygoband World, SL by its customers will be governed by the terms and conditions agreed between them, and in what is not expressly provided for, by the provisions of these conditions, which may only be modified by express agreement of the parts.
2 SUPPLIES AND SERVICES
2.1 The offers of Easygoband World, SL will not be binding, unless the offer is signed by an authorized legal representative of Easygoband World, SL for the purposes of the provisions of Art. 1,262 of the Civil Code. The orders of the client / buyer, without prejudice to the provisions of the previous clause, will be understood in any case, subject to these General Conditions of Sale and subject to express acceptance by Easygoband World, SL, who will confirm said acceptance to the buyer in writing.
2.2 Easygoband World, SL expressly reserves the right to accept or reject customer requests and product demands.
2.3 Failure to comply with the delivery period will not give rise to Easygoband, SL’s responsibility when it responds to causes beyond its control or force majeure.
2.4 The prices agreed between the Buyer and Easygoband World, SL are conditioned to the fact that, until the delivery date, there are no changes in the Foreign Trade regime or parity of the euro with the currency of origin, and this was so exceptional that the maintenance of the aforementioned prices would be highly detrimental to Easygoband World, SL ..
3 CANCELLATION OR POSTPONEMENT OF DELIVERY TIMES
3.1 If the customer cancels confirmed orders in whole or in part or if he agrees with Easygoband World, SL to postpone the delivery period, Easygoband World, SL may demand the payment of compensation, the value of which is stipulated in the current price list.
3.2 The postponement of the delivery period must be confirmed in writing.
4.1 All communications must be sent in writing by mail, FAX or email. In these latter cases, the offer and acceptance will only take effect, since Easygoband World, SL knows, expressly accepts the provision of the service.
4.2 Verbal requests will not be accepted.
5 PRICES AND PAYMENT CONDITIONS
5.1 The prices are collected in the price list for customers, valid at all times. These prices do NOT include the following concepts: VAT, other legal taxes, or possible interest for payment deferment, unless expressly stated otherwise
5.2 The invoice date is the date of actual payment.
5.3 The amounts of the invoices are payable transfer and prepayment.
5.4 Compensation or the enforcement of a lien for claims by the opposing party, not accepted by Easygoband World, SL, is excluded.
5.5 The hardware necessary for the implantation of the product must be purchased by the customer. At the request of Easygoband World, SL they may supply the aforementioned hardware at the customer’s expense. In any case, the hardware must have the approval of Easygoband World, SL and technically allow the implementation of the product.
6.1. Easygoband World, SL guarantees that the products are free of defects at the end of their implantation.
6.2 Warranty claims have an expiration period of six months from the delivery date of the implantation of the product purchased in the customer’s system.
6.3 If during the guarantee period Easygoband World, SL receives notification of such defects, you can choose to repair or replace the product or part of the product.
6.4 Easygoband World, SL will not assume the costs of hardware repair, replacement or maintenance. The aforementioned costs will be borne by the customer.
6.5 The guarantee will not take effect, if the product has been subjected, by the licensee or third parties, to improper installation, maintenance, repair or use, or if it has been totally or partially modified by personnel outside Easygoband World SL.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 All the intellectual property rights of the product sold by Easygoband World, correspond exclusively to it.
8.1 In the framework of these conditions of sale Easygoband World, SL will not be responsible for any loss of profit or consequential damage, direct or indirect, that may be caused to the buyer and its maximum liability will be limited to the value of the contracted and purchased product.
9 CONDITIONS AND TERMS RELATED TO THE SOFTWARE
9.1 With respect to the software products supplied in accordance with these General Conditions of Sale, it is understood and agreed that the term “PURCHASE” or “PROVISION OF SERVIC IOS” or similar terms should be interpreted as “Grant of license” and that ” Buyer ”or similar or similar terms should be interpreted as“ Licensee ”. The ownership of the materials subject to license correspond to the manufacturer, therefore, the sale of software is subject to the following conditions.
9.2 The buyer is granted the right to use the software products, and disassembling or decompiling the products is prohibited.
9.3 The buyer does not acquire the ownership of the software, but only the license for its use.
9.4 The buyer is not authorized to sublicense or sell copies or adaptations of the software to third parties through any physical means, without the express authorization of Easygoband World, SL
9.5 The supplied software does not include updates or upgrades, which can be supplied independently and will have an associated cost.