SALES TERMS
ARTICLE 1 : INTRODUCTION
Nexway operates the Ageod Store for computer games. The following General Business Terms (GBT) govern the contractual relationship between Nexway and the Customer. By ordering products the Customer confirms to have duly noted and agreed to the General Business Terms. The parties to the contract are: Customer ("Customer, you"): any person who orders products from the Ageod Store Nexway Inc., a Delaware company with offices located at 55 New Montgomery Street #518, San Francisco, CA 94105 ("Nexway", "us" "we") The Customer's product order is a binding offer to Nexway to purchase such products. A confirmation message will be displayed and a confirmation email will be sent to the Customer as soon as an order is placed. Such automatic confirmation shall not constitute an acceptance by Nexway of the Customer's order. Nexway's acceptance of the Customer's order shall occur and a contract shall come into existence only when Nexway makes the products available to the Customer via download. Please check the automatic order confirmation for errors and inform us immediately of any discrepancies. You guarantee that the data you provided during registration is true, accurate, up-to-date and complete. Orders will only be accepted from Customers who are 18 years of age or older.
ARTICLE 2 : PRICE
Unless specified otherwise, prices are reported in Dollars including tax.
The prices applicable for the goods and services shall be those stated on the site at the time when you place your order. However, Nexway reserves the right to amend them at any time.
Nexway also reserves the right to change or to end an offer at any time by placing a preliminary notice on its site.
ARTICLE 3 : YOUR ORDER
Order shall be made over the internet through affiliated sites powered by Nexway. Access to the service is guaranteed on a permanent basis, subject to periods for maintenance and service or server updates and exceptional interruptions. By ordering products the Customer accepts the selected offer of goods or services and the General Business Terms.
Nexway only offers Downloads as the deliver method on this site.
The conclusion of the sale and fulfillment of orders are subject to the availability of the goods and services ordered, as well as the receipt of your payment. Once your payment has been approved, you will receive an email confirming the order.
An invoice will be sent to you immediately after validation of the order.
ARTICLE 4 : VALIDATION
You declare that you have read and to be bound to these General Terms and Conditions of Sale before placing your order. Validation of your order shall be considered to constitute acceptance of these General Terms and Conditions of Sale. The data registered by Nexway shall constitute evidence of all transactions which have occurred between Nexway and the Customer
ARTICLE 5 : AVAILABILITY
Our product offer and prices shall be valid for as long as they are visible on the site, up to the limit of available stocks.
ARTICLE 6 : TAX REDUCTION
You will receive an order confirmation by email. When you have ordered a downloadable product, you will obtain access to the product download, which is valid for 21 days from the purchase date. Once this delay has elapsed the download will no longer be available. The "extended download" option, available at extra cost, enables you to download the product within a period of one year.
ARTICLE 7 : SALES TAX
The prices for products shall be as listed in the respective current price schedules or online advertisements contained on the Download Store website. Payment must be made before the customer may download a product. Unless otherwise specified, except tangible products (backup DVDs or boxed products), prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT 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. Payment shall 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). Payment for a service will be taken online on a secure page and the URL is fully owned by Nexway. Inc. or another member of Nexway's group, on behalf of Nexway, using an external credit service (banking institution) and its technology for payment transactions. The data transmitted is not forwarded or stored by Nexway save as set out in these General Business Terms.
ARTICLE 8 : SECURE PAYMENTS
Access to the payment service is guaranteed on a permanent basis, although technical faults, traffic overload or maintenance operations may affect its availability or the availability of means of payment. Payment for your purchases shall be made in by credit card (Visa, Eurocard-Mastercard, Amex, Discover), PayPal, check, bank transfer. This list may be updated at any time by Nexway. The choice of the payment methods for the products ordered shall be made when placing the order. Online payment by credit card uses the following security measures: SSL (Secure Socket Layer) and SET (Secure Electronic Transaction) protocols are used. Your personal and payment data will be encrypted and processed in a secure space with a banking institute. Using your credit card information, you authorize Nexway to charge your credit card for the full amount of his order including tax if applicable (and including delivery charges). To this effect, you confirm that you are the holder of the credit card to be charged and that your name appears on this card. Nexway will process transactions communicating your credit card details within a secure environment with our payment provider. In the event Nexway cannot charge your card, the sale shall be rescinded and the sale process cancelled immediately. Credit card transactions shall be charged after verification of the card details and after successful debit authorization from the card issuer. In the event of payment irregularities, Nexway shall immediately suspend processing of the order. At all times when using the site, you will be asked to provide precise, valid and complete information. Following acceptance of these General Terms and Conditions of Sale, the User acknowledges that he shall be the only party responsible for the personal data that he has provided. Nexway reserves the right to take legal action through the criminal or the civil courts against all those who knowingly provide false information and to terminate this agreement without notice. Similarly, Nexway reserves the right to prohibit all further purchases for you on the Store and to report all violations of these Terms and Conditions by you to "AGEOD". As measure of protection and fraud prevention, Nexway may request further information by email, including in particular a copy of your identity card and/or of bank account details
ARTICLE 9 : ORDER CANCELLATION
Right of cancellation – Customer shall have the right to cancel any order within a period of 7 (seven) working days after the purchase date. If the Customer wishes to cancel an order, the Customer shall contact Nexway customer service, supplying order details and explaining the reason for his request. Consequences of cancellation – In the event of effective cancellation by the Customer, Nexway shall refund any payment made for the products under the cancelled order. The Customer's right to use the relevant product(s) shall terminate immediately upon order cancellation. The Customer must delete or destroy the products and all copies from the Customer's computer and any other device or media to which the Customer has copied the products.
ARTICLE 10 : LIABILITY
Nexway warrants that all products sold are subject to the General Business Terms. Products have been tested and will function within the parameters for which they were created and as described on the website. However, Nexway does not guarantee that software products meet the expectations of the Customer and that the software will run without defects under all circumstances. Neither does Nexway provide any guarantee of specific functions and results of the software; provided that this is within its intended design parameters and exceeds the current minimum standard for software technology at the time the program is created. The same applies to the correctness or completeness of any documentation enclosed with the software. Should the product be defective on delivery, making the intended use impossible, Nexway will either replace the product or refund the purchase price to the Customer at its own discretion within the statutory period from the date of purchase. This only applies to products which are obtained directly from Nexway online. Nexway makes no warranty or guarantee of products downloaded by the Customer from a source other than the Nexway website. The Customer needs to send full details of the defective product and the nature of the defect to Nexway's Customer service e-mail address mentioned above. Nexway accepts no further liability for direct or indirect damage occurring due to the use of a product, provided that this damage is not the result of Nexway's willful intent or severe negligence and provided that liability may in law be excluded. Nexway is under no circumstances liable for unforeseeable damage or indirect or consequential loss of any kind. Nexway accepts no liability for damage occurring due to incorrect handling, in particular failure to observe any operating instructions, faulty commissioning, faulty handling or unsuitable accessories. If in the sole opinion of Nexway it is economically unreasonable for Nexway to remedy a defect, a replacement product will be supplied or a refund issued.
ARTICLE 11 : APPLICATION LAW-DISPUTES
This Contract will be construed under, governed by and enforced in accordance with the laws of the State of California without regard to conflicts of laws principals. These General Business Terms and related policies and agreements shall be governed by and interpreted in accordance with California law. Anyone accessing the Ageod Store from outside the United States is personally responsible for observing local laws if and to the extent that they are applicable to the products or the Customer's use of them.
ARTICLE 12 : PRIVACY
Nexway uses the Customer's personal data exclusively for the purpose of handling the order. All Customer data will be stored and processed only in compliance with the relevant regulations of the relevant data protection laws. Customers have the right to review, correct, block and delete their stored data free of charge at any time. Nexway will not share personal data including home address and email address with any third party without the express consent of the Customer, which may be revoked at any time. Nexway's service partners who require the transfer of data for the purposes of handling the order (e.g. the carrier contracted to make delivery and the credit institution contracted to handle payment) are excluded from this provision. In these cases the scope of data transferred is, however, limited to the necessary minimum. Nexway has implemented technical features and organizational security measures to protect Customer data handled against accidental or deliberate changes, loss or destruction and against access by unauthorized persons. Credit card information is encoded by 128 Bit SSL (Secure Socket Layer) and transferred to a payment gateway which is directly connected to the credit card processing service. Data is verified online, payment is processed before the goods are delivered (cash in advance). The Ageod Store website uses cookies to store and retrieve Customer information. Information about the Customer, user names and the national currency selected are stored in the cookies which can then be used when the Customer's returns. When a Customer registers with Nexway or places an order, Nexway collects Customer data. Returning Ageod Store Customers simply log on with his user name and personal password. The data stored in a cookie makes it unnecessary to complete some of the forms and assists in error-free navigation. Customers may manage the acceptance of cookies by changing the privacy settings in their Internet browser application and block them if they wish.
ARTICLE 13 : USEAGE RIGHTS
Software products are protected by the legislation and international treaties regarding royalty fees and intellectual property. Software sale will, in no case, account for transfer of reproduction, representation, or exploitation rights, nor any additionally rights required to create the software. Users are only allowed to install and use one copy of the acquired software on a single computer, unless specified otherwise in the license purchased. It is however generally admitted that the administrative user will be granted the right to issue a backup copy of the software.
