TERMS AND CONDITIONS Anywhereuc.com
Anywhereuc.com web site is owned by TMSOFT SAS society legally constituted in Colombia under the NIT 900293377-2
1. LIMITATIONS & APPLICATION
1.1 Terms and conditions applicable to all quotations, sales and purchases of products and services including without limitation, hardware and / or software to be sold, offered or marketed by this website.
1.2 ALL PURCHASES ARE FINAL, non-cancellable and non-refundable, EXCEPT AS SPECIFIED IN THE APPLICABLE RETURNS POLICY
2. PROPOSAL AND ACCEPTANCE CONFIRMATION.
2.1 The prices, quotations and descriptions made or referred to on this Site are subject to availability, they do not constitute a proposal and can be removed or altered at any time prior to our express acceptance of your order (as described below).
2.2 Although we make every effort to ensure that items appearing on the Site are available, we can not guarantee that everyone has in inventory or immediately upon purchase or request availability. We may reject your order (without liability) if we are unable to process or fulfill. If this is the case, we will refund any advance payments you have made for that item.
2.3 An Order made by you constitutes an offer from you to us to purchase Products or Services under these Terms and is subject to our subsequent acceptance.
2.4 Prior to such acceptance, an automatic confirmation by e-mail, your order can be generated. Please note that any automatic confirmation does not constitute a formal acceptance of your order.
2.5 Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order / commencing Services and accepting your credit card payment or otherwise ("Acceptance").
2.6 We may keep records of orders received, acknowledgments, acceptances and other contract records for a reasonable period after Acceptance. We can supply you with copies on written request; however, you must make sure you print a copy for your own records of all such documents and these Terms.
3. YOUR REPRESENTATIONS
3.1 You represent that the information provided, when you order, are updated, materially correct and sufficient for us to fulfill your order.
3.2 You are responsible for maintaining and updating, as soon as the information of your account with us, in regard to correctness and completeness, and safely store such information (and any passwords given to you for the purpose of access the Site and / or purchasing Products) secure against unauthorized access.
3.3 Unless otherwise agreed otherwise or required by applicable law, any guarantees provided in relation to Products or Services only cover you with the understanding that you are a user and not a reseller of those Products or Services.
3.4 No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a manufacturer, licensor or supplier of products, without our express written consent.
4. PRICES AND PAYMENT
(NOTE: THE PRICES OF GOODS AND SERVICES WILL NOT CONFIRMED BEFORE THE ACCEPTANCE OF YOUR ORDER)
4.1 payable for Products or Services prices are those in effect at the time of shipment or delivery, except as expressly agrees otherwise. Prices may be indicated on the Site or an order confirmation, but finally allowed in the event of any discrepancy, price is the price that is notified to you on our Acceptance.
4.2 We have the right at any time prior to our Acceptance to withdraw any discount and / or to alter prices to take into account increases in costs including (without limitation) costs of any materials, transport, labor or increased by the imposition of any tax, duty or other levy and any variation in exchange cups. We also reserve the right to notify you before clearing products, about any mistakes in Product descriptions or errors in pricing. In this case, if you choose to continue the implementation of the order, you acknowledge that the Product or Service will be provided in accordance with this altered description or corrected price.
4.3 The places that we carry are listed on the Site ("Territory"). Unless otherwise specified, prices quoted
NOT include the costs of shipping or carriage to the agreed place for delivery within the Territory, they do not include Value Added Tax and any other tax or duty, which (where applicable) must be added to the price payable; You agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your purchase order.
4.4 The payment will be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
4.5 Except as expressly provided elsewhere in these Terms or the Site, payment may be made by all, notwithstanding any claim for non-delivery or defects.
4.6 will debit credit cards or debit to dispatch the Product or starting the Services. We reserve the right to verify credit card payment or debit card, before acceptance.
4.7 No counterclaim or compensation may be deducted from any payment due without our written consent. We can also take action against you, at any time, with respect to the price of the Products after payment has expired, although the ownership of these products has not yet been transmitted to you.
4.8 Any extension of credit allowed to you may be changed or withdrawn at any time. interest on the amounts will be charged in arrears, calculated on a daily basis according to the maximum amount permitted under applicable law from the due date to pay to our collection of the full amount (whether before or after judgment). You will indemnify us immediately for any expenses incurred on their own, incurred in relation to recovery of any overdue amounts.
If you go into bankruptcy or enters into an agreement of receivership or court judgment for settlement is made against you or you take or suffer any similar action in consequence of debt or we have reason to believe that you can not pay its debts as that they are due, or if you fail to pay any amount when due or violates any of these terms, in such cases, without prejudice to any of our other rights, we may:
Stop any Products in transit; and / or
Suspend further deliveries of products; I
Stop or suspend provision of Services; I
By written notice, terminate your order and all or any other contracts between us and you.
6. DELIVERY AND RISK
6.1 Schedules / delivery dates, specified on the Site, in any confirmation, order acceptance or elsewhere are estimates only. While we endeavor to meet such schedules or dates, we do not guarantee dispatch Products and / or Services start a specific date or dates and shall have no liability to you in respect of delays or failure to do so.
6.2 Delivery will be made to a valid address within the Territory or in the registration email, informed by you, you must check the Delivery Address on any acknowledgment or acceptance we send and promptly notify us about any errors or omissions. We reserve the right to charge you for any extra costs arising from changes you made in your delivery address after sending an Order.
6.3 If you refuse or fail to receive the products, supplied in accordance with these Terms, any risk of loss or damage to the Products will be responsible in any way and without prejudice to any other rights or remedies we have.
6.3.1 be entitled to immediate and full payment of the Products or Services delivered and either We effect delivery by whatever means possible to consider appropriate or to store Products at risk in their care.
6.3.2 You will be required to pay, immediately, all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery.
6.3.3 After 30 days of the date agreed for delivery, we are entitled to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
6.4 Except to the extent required as a result of any immovable rights you have as a consumer under applicable law, you are not entitled to reject the Products in whole or in part, because of partial delivery or non-delivery and pay However, notwithstanding the partial delivery or failures in delivery unless you notify us in writing of any claim within 7 days of the date of receipt of the invoice or delivery date, whichever is later , and if you pay for the amount actually delivered.
6.5 Where we deliver Products in batches, each batch is a separate contract and any defect in any one or more batches shall not entitle to repudiate the contract as a whole nor to cancel any subsequent batch.
6.6 Except where otherwise provided in these Terms, the risk of loss or damage to the Products passes to you on delivery or when placed in your possession or that of any shipper or carrier made available by you, which whichever comes first
7. REJECTION, DAMAGE OR LOSS IN TRANSIT
7.1 Except as Stated before any rights in These Terms or under any applicable Returns Policy and subject under applicable law You have That can not be excluded or limited by These Terms:
We are not responsible and you will not be Entitled to reject Products or Services, except for:
(A) damage or loss of the Products, or part thereof in transit (where the Products are Carried by our own carrier or a carrier on our Behalf) Notified When to us within 5 working days of receipt of the products;
(B) defects in Products (not defects Being Caused by any act, neglect or default on your part) Notified us in writing Within 30 days of receipt of the Products.
(C) defective performance of Services (not defects Being Caused by any act, neglect or default on your part) where Notified to us in writing within 5 days of Such defect is known.
7.1.2 We will not be responsible for any damages or losses Arising from defective installation of the Products; the use of the Products in Connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent With the manufacturer's specifications or instructions.
7.1.3 When a partial delivery or failure to deliver, or any defect or damage to a Product or Service, May we at our option:
(A) in the case of partial delivery or non-delivery products, resolve any partial delivery or non-delivery and / or
(B) in the case of failure to function or defective performance of a Service, solve Such a problem for operation or defective performance; I
(C) in the case of damage or any (any) default (s) of the Product and in Accordance With any Returns Policy:
(I) Replace or repair the product after you return the product; or;
(Ii) Refund the price paid in respect of any Products found to be damaged or defective.
8.1 Where any Product supplied is or includes software ("Software"), This Software is licensed by us or by the licensor / owner subject to the Relevant Relevant contract user license or other license terms Included with the Software ("Terms of License") and / or the Product. In Addition:
Such Software 8.1.1 May not be copied, Adapted, translated, made available, distributed, altered, modified, disassembled, decompiled, reverse engineered or past combined With any other software, except to the extent that (i) this is permitted Under the terms of License, or (ii) applicable law imposes EXPRESSLY Which Such a right can not legally be excluded by contract.
8.1.2 Except to the extent provided for in any applicable License Terms, your rights of return are not followed and / or refund under these Terms and any Devoluciones.8.1.3 Policy Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions with respect to quality, fitness for purpose, performance or correspondence with description and we do not offer any product warranties or guarantees in general in relation to the installation, configuration or error correction / software defects. We advise you to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
9. LIMITATION OF LIABILITY
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER OR NOT WE KNEW OR WERE ADVISED OF AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED THE POSSIBILITY OF DAMAGES UNDER THIS DOCUMENT, FALLEN IN ITS ESSENTIAL PURPOSE (1) OUR TOTAL LIABILITY (WHETHER IN VIOLATION CONTRACT, TORT OR ANY OTHER LEGAL) UNDER NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT THOSE WHO ARE CLOSER RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR ANY SPECIAL , INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, SALES NOT MADE OR COST OF COVER.
10. THIRD PARTY RIGHTS
10.1 You shall indemnify us against any and all liabilities, claims and expenses incurred by or made against us as a direct or indirect result of services rendered by us or done any work on or to the Products where this has been done by her (or his representative) specific requirements or specifications causing a violation or alleged violation of any proprietary rights of any third party.
10.2 To the maximum extent permitted by law and except as otherwise expressly set out in any License Terms or elsewhere, we will have no liability to you in the event that the Products or Services infringing, or is alleged to infringe exclusive rights of any third party. In the event that the goods are or may be the subject of patent, copyright, database right, registered design, registered trademark or other rights of any third party, you should refer to the relevant terms of manufacturer and / or licensor / owner of the Product. We will be obliged to transfer to you only such right or title as we have.
11. WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS, PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS;
11.1 All specifications, designs, particulars, dimensions, performance data and other product information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranties or representations on our part about the Products are in conformity therewith. You should refer to the specifications or warranty documentation to determine Manufacturer their legal rights and remedies in this regard.
11.2 You have the benefit of the manufacturer's warranty, licensor or supplier for the product supplied and should refer to the relevant documentation, in this regard, that comes with the product. (If applicable a Returns Policy may also set procedures applicable to repairs or replacement of defective Products delivered.)
11.3 Your rights of repair or replacement of any Products or any part or any parts thereof, which is found as being defective, (except where agreed otherwise) be negated or deemed void when:
11.3.1 Products have been repaired or altered by persons other than the manufacturer, us or any authorized dealer; I
11.3.2 defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days of the date on which such Products were delivered; I
11.3.3 defects are due (wholly or partially) to mistreatment, use or storage or maintenance or installation, or failure to observe any instructions or other guidance from the manufacturer or made available by us in connection with the Products delivered.
11.4 EXCEPT AS OTHERWISE EXPRESSLY INCLUDES IN THIS SECTION 11, WE DO NOT GRANT EXPRESS WARRANTIES EXPRESS OR MAKE REPRESENTATIONS, AND DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE IN INDIVIDUAL AND NO VIOLATION OF RIGHTS. These terms PUT YOUR SOLE AND EXCLUSIVE LEGAL REMEDIES.
12. CONSENTS, CUSTOMS DUTIES & EXPORT
12.1 If any license or consent of any government or other authority for the purchase, transport or use of the Products by you is required, you will obtain such license or consent at your own expense and, if necessary, we will provide proof upon demand . Failure to do so will not entitle you to withhold or delay payment of the price. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
12.2 The Products, licensed or sold to you under these Terms may be subject to laws and regulations of export controls in the Territory or other relevant jurisdiction where you want to be delivered or used. You will be responsible for being in compliance with these laws and not do anything to violate them.
12.3 Items entering the European Economic Area (EEA) and coming from outside over a certain value may be subject to customs duties (for example, when costs exceed their limit personal imports). You may be subject to customs charges, import duties and taxes, to be applied when the Product reaches your specified destination. Any such additional charges for customs release or import duties or taxes must be met by you, considering that we have no control over what these charges. You should contact the local customs office in the relevant jurisdiction to have further information on customs policies or duties.
13.1 Any notice or other communications in relation to our contract may be given by sending the same for hand delivery, by prepaid mail, fax or e-mail message to the address and contact latest one party has notified the other in writing . This is also the address for legal proceedings in the manner established by law. Except as stated earlier in this document, in relation to cancellation of consumer orders, such notices or communications (where they have the correct address) will be considered received:
If sent by e-mail, whichever is earlier of (i) the e-mail message being confirmed by the recipient as having been received; (ii) receipt by the sender of an automated message indicating delivery well done or that the message e-mail was opened.
14. PERSONAL INFORMATION AND YOUR PRIVACY
15.1 You shall not assign, transfer, charge or transfer title, or pretend to assign, transfer, charge or transfer title to their low duties these terms. Any purported assignment shall be null and void.
15.2 We shall have no obligation to you, or we will be considered in violation of the contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control, including (but not limited) to any force majeure, war, terrorism, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lockout, trade dispute or labor disturbance, stop plant or machinery, interruption in power supply, Internet communications or materials and in such event, we may decide to cancel your order and refund any payments made.
15.3 You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms prevail over any other terms or contained or referred to elsewhere or implied by trade, custom or course of dealing conditions. Any purported terms or conditions to the contrary are excluded by this document to the maximum extent permitted by law. To the maximum extent permitted under applicable law, we reserve the right to change these Terms as prior written notice, sent to you with effect for the future - subject to your right to reject, by way of written notice, our modifications to these terms with respect to any orders for which Acceptance has occurred, but not yet fulfillment.
15.4 No relaxation, forbearance, delay or indulgence, either you or us, to execute any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
15.5 No waiver of any term or requirement of these Terms shall be effective unless it is in writing and signed by us. A waiver of any violation of any condition not be construed as a waiver of any subsequent violation of condition.
15.6 If for any reason we determine or a court of competent jurisdiction finds any provision or portion of these Terms is illegal, invalid or unenforceable under applicable law in a particular jurisdiction:
16. APPLICABLE LAW
16.1 The validity of the interpretation and enforcement of these Terms shall be governed by Colombian law and the parties submit to the exclusive jurisdiction of the courts of Colombia, in the event of legal proceedings arising from any dispute;
16.2 The language of any dispute resolution procedure or any proceedings will be the Spanish.
Last reviewed November 17, 2015.