TERMS & CONDITIONS WEB SHOP IMAGE LINE
When used in these Terms & Conditions, the following terms shall have the following meaning:
- Image Line: Image Line bvba, with registered office at Franklin Rooseveltlaan 348/D, 9000 Ghent (Belgium) and with company registration number BE 0452.440.860, [email protected];
- Website: www.image-line.com and derivatives, developed and administered by Image Line (such as but not limited to: www.image-line.com/be/audio, www.imageline.com, www.flstudio.com/net/org/eu/cn, www.flstudiomobile.com, www.flstudioapp.com, www.samplefusion.com, www.pluginspot.com, www.loopspot.com, www.dynamicloops.com, www.sytrus.com, www.visit.dj, www.ez-editor.com , www.ezgenerator.com/net, www.superwebsitebuilder.com, www.sitelizard.com, www.emageview.com and www.e-officedirect.com);
- Web Shop: the web shop of Image Line in the Website; and
- Customer: any physical person or legal entity who uses the Web Shop.
These Terms & Conditions apply to orders and sales of software products through the Web Shop and constitute, together with the End User License Agreement, which should be accepted before installation of the software product, the agreement between the Customer and Image Line regarding the software products purchased.
These Terms & Conditions are always available on the Website and can thus be consulted prior to the electronic conclusion of the agreement. These Terms & Conditions are available electronically in such a way that they can be stored by the Customer easily on a durable medium.
These Terms & Conditions are deemed to be accepted by the Customer by the mere order of the Customer or the conclusion of the agreement with Image Line. Acceptance of these Terms & Conditions is required before placing an order in the Web Shop, and thus the Customer declares to have read and accepted these Terms & Conditions. Acceptance of these Terms & Conditions also implies that the Customer fully renounces the application of its own terms and conditions.
The agreement is concluded at the time of the electronic acceptance of the offer by the Customer. Image Line confirms as soon as possible by electronic means receipt of the acceptance of the offer.
The Web Shop is in the English language only. The ordering process will be conducted and the terms and conditions will be provided in this language.
3. Order and confirmation
The Customer’s online order of a software product is subject to acceptance by Image Line.
In general, the Customer can order a software product as follows:
- Choose the desired products by clicking on the ‘add to cart’ button (clicking on the product description will provide the Customer with detailed information on the product).
- Use the buttons to advance to the next sections where you provide the personal information and direct contact information.
- Select the payment method and double-check the personal information and direct contact information and confirm by clicking order.
- The Customer is transferred to the secure SSL section of Image Line’s payment partner where the Customer can fill the rest of the payment details and confirm payment.
- Immediately after the Customer’s order (if successful), the Customer will receive an email acknowledging his order and an order ticket has been created on Image Line’s system. The Customer will see onscreen the login information needed to be able to follow-up the status of his order online.
- After the Customer’s order has been manually checked and accepted, the Customer will receive a second email informing him of an update of his order ticket with his personal username and password. This email contains also further instructions on how to proceed with the download and installation of the products the Customer purchased and on how to request a personal registration code for unlocking the software product. All this info is also posted in the online order ticket.
The Customer may up until confirmation of his payment:
- modify any information supplied by using the previous button;
- change the products he wishes to purchase by removing them from its cart;
- cancel the ordering process by closing the navigator.
All forms have data validation preventing invalid data types and formats.
4. Price and payment
Prices are indicated in US Dollar or Euro, depending on your choice and are exclusive of VAT, depending of your location. Image Line will not charge additional shipping or handling charges.
Whilst Image Line endeavours to ensure the prices on its Website are accurate, Image Line may withdraw offers at any time and Image Line cannot exclude errors in price indication and reserves the right to change prices or correct prices if an error is detected. If a price of a software product the Customer ordered is changed or corrected, the Customer will be informed of the correction by Image Line within seven (7) days of his order and offered the opportunity to cancel free of any charges the order for said software product. Any amounts already paid will be refunded within fourteen (14) days after such cancellation.
Full payment is due prior to delivery of the software product and the software registration key needed to unlock the software product. Image Line accepts payment (through its different payment partners) by: Visa, MasterCard, PayPal, bank wire transfer and if applicable local payment methods.
If after the initial order, the Customer wishes to make changes to the agreement, these changes will be implemented only if (i) Image Line explicit agrees to them; and (ii) the Customer accepts that Image Line may pass on to the Customer all associated price adjustments and costs that the changes entail.
Any cancellation of an order shall be in writing and is only valid if accepted in writing by Image Line.
The software product will be delivered by making it and its registration key available for download. After acceptance and processing of the Customer’s order by Image Line, the Customer will receive the necessary account and registration information by email or can be found in the order ticket. The Customer is required to perform the download of the software product before logging in on the registration server for obtaining the registration key. The Customer’s logging in on the registration server confirms the successful download of the software product.
6. Inspection and claims
The Customer agrees to inspect the supplied software upon delivery, and to verify that its quality corresponds to what was agreed. Any visible defects must be reported to Image Line in writing immediately within eight (8) days after delivery.
After expiry of this period, the software is deemed to be accepted, such that protest after this date is considered inadmissible. Acceptance covers all visible defects, i.e. all defects that the Customer at the time of the delivery or during the following eight (8) days could have determined via a careful and serious inspection.
Complaints submitted to Image Line will be answered within a reasonable time from the date of receipt.
7. Registration key
The Customer is responsible for maintaining the confidentiality of his account information and registration key and is fully responsible for activities that occur therewith. In case the Customer’s registration key is found to be available or accessible to any third party on any website, ftp site or otherwise, the Customer’s registration key will be blocked and rendered unusable without any reimbursement or indemnification by Image Line being due, not foreclosing the right of Image Line to claim any damages it may have suffered by the Customer’s breach of these Terms and Conditions.
8. Right of withdrawal
In accordance with the articles VI.47-53 of the Code of Economic Law, the Customer has the right to withdraw the order or cancel the agreement without stating any reason within a period of fourteen (14) days, except for the software products for which the Customer already performed a download or is deemed to have performed a download in accordance with article 5 of these Terms & Conditions. This withdrawal period starts on the day on which the Customer has taken possession of the software.
To withdraw the order or cancel the agreement, the Customer needs to create such a request in the order ticket.
Withdrawal will not be accepted if the Customer downloads the software product or logs in on the registration server before or after Image Line received the Customer’s withdrawal form. The Customer may not exercise the right of withdrawal for software which is specifically designed to the Customer’s specifications.
In case of a correct withdrawal, the Customer is entitled to a refund of the price he has paid for the supplied software.
The refund will be provided within fourteen (14) days after the day on which Image Line is informed of the Customer’s withdrawal decision. The Customer will be refunded in the same way as he carried out the payment.
9. Business Customers
If the Customer is a company or business or if the software products are used wholly or in part for business purposes, the Customer does not dispose of the right to withdraw the order or cancel the agreement as set forth in article 8.
Image Line has the right to resolve the agreement with the Customer at any time, with immediate effect, without court intervention, without preliminary notice of default and without payment of any compensation, in the following cases: (i) if the Customer, despite a written notice of default in which a period of at least seven (7) calendar days is observed, remains in default with respect to the (timely and proper) fulfilment of one or more obligations resulting from the agreement (in particular, payment of the invoices); (ii) suspension of payment or (applying for) bankruptcy or an arrangement in the framework of the Belgian Act on the Continuity of Enterprises of 31 January 2009 (insofar as applicable, in accordance with Article 35 of this Act) by the Customer; (iii) liquidation or discontinuation of the activities of the Customer; (iv) if control of the Customer changes; (v) if (a part of) the assets of the Customer are seized; (vi) if the Customer refuses to make an advance payment or provide the guarantees demanded by Image Line; or (vii) if Image Line has reasonable grounds to doubt that the Customer will honour its obligations to Image Line. In the case of dissolution, Image Line also retains the right to claim compensation for all costs, interests and damages incurred by Image Line, and all claims by Image Line upon the Customer are payable immediately.
The Customer has the right to rescind the agreement with the Customer at any time after prior notice of default in the following cases: (i) if, taking into account Image Line’s warranty obligation, Image Line omits to replace defective software within a reasonable term; or (ii) if Image Line has not made the software available to the Customer within thirty (30) days after receipt of the payment. In these cases, payments already made will be refunded to the Customer.
Image Line warrants that the software complies with the specifications in the offer.
The warranty on the software supplied by Image Line is limited to replacement of the defective software by software that is identical or at least equivalent to the originally delivered software.
Each warranty is void if the damage to the software is due to the incorrect use of the software.
The Customer bears the burden of proof of defects.
12. Limitation of liability
In the event that Image Line would be held liable for any damage, the maximum liability of Image Line is always limited to the total amount paid by the Customer to Image Line for the software product purchased.
Image Line is only liable for direct damage. Image Line may never be held liable for indirect damage, including but not limited to consequential damage, loss of income, data, revenue, goodwill, sales or profits, lost savings, unsaleability of goods, and/or damage to third parties, that the Customer may suffer as a result of the purchase of a software product.
The Customer indemnifies Image Line against any claims by third parties due to damage related to execution of the agreement which is not attributable to Image Line.
Image Line will in no event be liable for damages resulting from incorrect assembly, installation, use or maintenance of the software by the Customer.
Image Line shall have no liability for any failure or delay caused by force majeure (i.e. events which are unpredictable, unforeseeable, irresistible or beyond the parties’ reasonable control).
The confidential payment information (e.g. credit card info) the Customer provides to Image Line when placing his order is encrypted before being sent to Image Line’s server. Such information will only be used in accordance with Image Line’s privacy & cookie statement. Image Line has no access to and does not store any credit card information.
No failure or delay by Image Line in exercising its rights hereunder shall be construed as a waiver or release of that right unless expressly confirmed in writing.
If a provision of these Terms & Conditions were to be unenforceable or contravene a provision of imperative law, this will not influence the validity and enforceability of the other provisions of these Terms &Conditions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or does not contravene imperative law. In such cases, the parties will negotiate in good faith to replace the unenforceable or contradictory provision by an enforceable and legal provision that is as close as possible to the intent and purpose of the original provision.
15. Applicable law and competent jurisdiction
Any dispute concerning the use of the Web Shop as well as the validity, enforceability and interpretation of these Terms & Conditions will be governed exclusively by Belgian law, excluding any conflict of law or other provisions that would cause another country's legal system to apply hereto.
Any claims concerning the use of the Web Shop or relating to these Terms & Conditions shall be brought exclusively before the competent courts of Ghent, Belgium and the Customer irrevocably submits himself to their jurisdiction, without prejudice to Image Line's right to initiate legal action in the Customer's place of domicile.