Software Smart Solutions Consumer Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

1.1 These terms of sale apply to all goods supplied by Software Smart Solutions, whose office is at H.Grünfeld, Uetlibergstrasse 30, 8045 Zurich registered in Switzerland (the "Supplier", or "we", or "our").
1.2 Any order placed by you for software advertised on our website is an offer by you to purchase the software selected in your order. No contract exists between you and us for the sale of any software until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have recieved your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to send of the software. If we cannot accept your order (for example (but without limitation) because the software are found to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the software ordered are unavailable or that there was a pricing error on our website in respect of the software ordered, we reserve the right not to supply the software ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the software

2.1 The description and price of the software you order will be as shown on the Supplier´s website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the software are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those software. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the software are unavailable, we will no longer supply those unavailable software.If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available software in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable software or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the software you have ordered, we will notify you as soon as possible detailing the mis-priced software and offering you the option of:
2.4.1 placing a new order at the correct price for those software;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced software and reconfirming your order for the correctly priced software.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the software you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those software; or
(b) if only some of the software you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced software but we will not be obliged to supply you with the mis-priced software. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced software.
2.5 To avoid any doubt, where software are unavailable and you order alternative software from us, or where software have been mis-priced and you subsequently order such software at the correct price, these terms of sale shall apply to the order and the supply of the relevant software, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the software, details of which are clearly displayed on our website at the point that you place your order.

3. Payment

3.1 Payment for the software can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

4. Delivery

4.1 The goods you order will be delivered to the Email-address you give when you place your order.
4.2 Orders placed before 8.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your Email-address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 The php source code will be encoded by ionCube. It's neccessary to install ionCube loader at the server to run the ordered php products.

5. Your right of cancellation

5.1 You do not have the right to cancel the contract after you place a computer software order.

6. Limitation of Liability

6.1 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
6.2 If you are a privat or business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
6.3 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
6.4 any indirect or consequential losses, liabilities or costs.

7. Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

8. Images

Product images are for illustrative purposes only and may differ from the actual product.

9. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to US law and the US courts will have jurisdiction in respect of any dispute arising from the contract.