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Terms&Conditions
Overview
1. General
2. Ordering
3. Prices
4. Delivery
5. Payment
6. Reclamations
7. Support and maintenance
8. Governing Law and Settlement Of Disputes
9. Processing Personal Data
General
These Terms and Conditions of Sale (”Terms”) are applied to any and all purchases at the MOBIPRO Web Shop by any user of the shop (hereinafter referred to as “Customer”).
For the purpose of these Terms:
“MOBIPRO Web Shop” shall mean the trade place provided in Internet at address www.mobipro.com and operated by MOBIPRO (“Company”) a Spanish corporation with its registered address at Capitan Haya 1 Pl 15, Ed-Eurocentro, Madrid 28023, Spain with email address info@mobipro.com.
“Product / Products” shall mean products available on the MOBIPRO Web Shop. Technical data and other information concerning the Product and Third Party Services (as defined below) provided at MOBIPRO Web Shop is solely approximate and is given for illustrative purposes only.
“Software” shall mean the MOBIPRO software applications and upgrades licensed by the Company including third party software and spatial data. The Software is downloadable electronically to be saved on electronic memory card, CD-ROM, DVD-disc, or other media.
“Third Party Services” shall mean other third party data and services provided by a third party which are made available by the Company to end-users either packaged together with Products or as individual items.
These Terms are available in the following languages: English, German, Spanish, French.
2. Ordering
Customer shall order Products from MOBIPRO Web Shop according to the following steps:
(i) Customer shall choose the correct product, phone model, delivery media and language set by using Customer’s best knowledge and gradual guidance provided by MOBIPRO Web Shop, thus Customer is responsible in choosing the correct options;
(ii) Customer shall add the chosen products to MOBIPRO Web Shop shopping cart;
(iii) unregistered Customers shall provide their personal and contact information to register to MOBIPRO Web Shop, or registered Customers shall login to MOBIPRO Web Shop by using their account;
(iv) Customer shall carefully examine the Products in the shopping cart, Customer shall complete the required changes to the order in this step;
(v) Customer shall check the contact information and if required to fill in an alternative shipping address;
(vi) Customer shall choose the payment method;
(vii) Customer shall complete the payment transaction according to the terms and conditions made available by such third party transaction services provider, and
(viii) an order confirmation is automatically shown and sent promptly to Customer via email as given by Customer.
The completed orders are archived and accessible for registered Customers under MOBIPRO Web Shop. Customer shall immediately reclaim the notified errors in order to Company by using contact information available at MOBIPRO Web Shop.
The completed order binds legally the Customer and Company according to these Terms subject to compulsory laws in force. Subject to compulsory laws, after order confirmation the Customer may not withdraw the order, the payment must be completed as agreed, however Customer may use his right to return the ordered Products.
Customer acknowledges and agrees that no installation services are provided by Company, unless expressly and separately agreed upon in writing.
Customer acknowledges and agrees that there is no possibility for canceling the purchase on the MOBIPRO Web Shop during the typical 14-day period as of the delivery of the Products if Customer has used provided license. For the avoidance of doubt, the license means the numeric/alpha numeric key combined with name of company and or person that Customer needs to unlock demo-licensing mode for unrestricted usage.
If Customer has not yet installed provided license Customer has the right to cancel the purchase by notifying the Company thereof in fourteen (14) days from the time of receipt of the order confirmation or the receipt of the license, whichever takes place later. A written confirmation, that provided license(s) have not been used and all documents, where licenses have been provided have been completely and securely deleted from all storages and/or backup devices.
Customer shall pay the return freight charges and MOBIPRO is going to reimburse Customer the fees actually paid by Customer for the Product as soon as written confirmation has been received and approved. Customer shall pack the return shipment carefully. A return shall happen in full including (i) the whole Product package (ii) any applicable Product license codes (if delivered outside the Product packaging) (iii) information about or a copy of MOBIPRO Web Shop order confirmation and (iv) contact information for Customer.
3. Prices
All the prices in MOBIPRO Web Shop are quoted and Products are always sold in euro currency (€).The prices quoted to Customer in the MOBIPRO Web Shop product catalog and shopping cart do not include freight charges, the rates of exchange of foreign currencies or other similar factors.
The prices quoted in the MOBIPRO Web Shop and in any receipts and order confirmations for consumers ordering Products within EU do not include Value Added Tax but will be applied, where applicable. The prices quoted in the MOBIPRO Web Shop receipt and order confirmation for business customers and consumers ordering Products outside EU do not include Value Added Tax.
The MOBIPRO Web Shop receipt and order confirmation includes the following pricing information: prices for each Product with and without Value Added Tax, freight charges and total sum without Value Added Tax.
Shall the price for Product change after the order confirmation Company sells the Product on the agreed price. If any changes are applied to the order the price is determined according to the new price of which Company explicitly informs the Customer prior to applying the new price.
When using the MOBIPRO Web Shop Customer shall accrue costs relating to Customer’s Internet connection and any other costs related to the purchase transaction in the MOBIPRO Web Shop.
4. Delivery
Company retains the right not to deliver any Products to Customer until Company has received a confirmation that it has received the due payment in full.
Company delivers the ordered Products to Customer by using electronic communication. If multiple delivery methods are available, the Customer is required to choose one delivery method. The method may not be changed after order confirmation.
Company retains the right to deliver an order in its entirety or in parts subsequent to the ordered Products shipped from different third part logistic partners or the successive availability of the Products in parts. Should the Company deliver in parts the Company shall nevertheless be entitled to deliver each part in accordance with the then valid delivery conditions.
The delivery times quoted by the Company are non-binding and are solely approximate.
The Company shall add the freight charges to the deliveries and shall calculate any cost increases in accordance with tariffs which the Company applies at the time delivery takes place. The freight charges (where applicable) are as defined on the MOBIPRO Web Shop.
Ordered Products which the Company delivers physically to Customer travel at the risk of the Company and third party logistic partners until delivered to the destination address. Ordered Products which the Company delivers in electronic format over telecommunications networks to Customer are at the risk of the Company only at the original server from where Products are placed. Products returned to the Company by Customer travel at the risk of Customer. Company has no liability towards Customer as to the disruptions or errors on the Internet or any other electronic transfer.
5. Payment
Customer shall pay the ordered Products during the ordering process by using the following payment methods available in MOBIPRO Web Shop: secure payments through PayPal or pre-payment to MOBIPROs banking account. Company does not pay any interest on any payments received in advance.
Customer shall pay the ordered Products immediately during the order transaction. The orders not paid in full immediately during the order transaction are cancelled automatically or if payment to banking account is not received in 14 days period.
Some of the available payment methods may require Customer registration to MOBIPRO Web Shop.
6. Reclamations
Customer is aware that the Products are not designed to meet any particular needs or purposes of Customer or any particular purpose generally known to products or services like the Product.
Customer shall carefully inspect the Product immediately after the Customer has received it.
In the case of delivery of damaged, missing or wrong Products or other problem Customer shall submit a reclamation in writing to the Company. The reclamation must be submitted by Customer in writing within a reasonable time from the actual delivery. Customers shall carefully confirm the Product compatibility with the device where a product may be used.
The reclamation shall include (i) full product information about the purchased products (ii) information about or a copy of MOBIPRO Web Shop order confirmation (iii) Customer contact information (iv) information about the devices where the Product has been used (e.g. phone model in use) (v) product version information if applicable and (vi) cover letter including reason for reclamation.
Customer shall send the reclamations to address: MOBIPRO, Reclamations, Capitan Haya 1 Pl 15, Ed-Eurocentro, Madrid 28023, Spain by mail or to info@MOBIPRO.com by email.
7. Support and Maintenance
MOBIPRO Support Center provides technical support and maintenance services to the Products purchased from the MOBIPRO Web Shop. The detailed contact information is available at www.mobipro.com.
8. Governing Law and Settlement Of Disputes
These Terms shall be construed in accordance with the laws of Spain subject to other mandatory local laws, if any, applicable to Product purchases through the MOBIPRO Web Shop.
9. Processing Personal Data
Company may use Customer related personal data for i) using its rights and obligations under these Terms and the End User License Agreement applicable between the Company and Customer; ii) monitoring the functioning and developing the functioning of the MOBIPRO Web Shop; and iii) for communicating with the Third Party Services and other Third Party Services providers regarding their services under the End User License Agreement applicable between the Company and Customer.
