In using this website, reserving products/services, purchasing products/services, and providing information, you are deemed to have read and agreed to the following terms and conditions:
These terms apply to purchases of software and digital content, such as download links, Digital Event information, Event tickets etc. ("Products") sold to any person or entity ("You") through this website (the "Website") by AVTIX LTD or its Affiliates ("Peachinc Ltd " or "We").
IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.
2.1 AVTIX LTD Peachinc Ltd cannot guarantee that Products are in stock. AVTIX LTD reserves the right to reject Your order if it is unable to process or fulfil it without AVTIX Ltd being liable for any damages.
2.2 Upon such rejection AVTIX LTD will refund any prior payment that You have made for that Product.
2.3 You confirm that all information provided by You when placing an order is up-to-date and materially accurate in order for AVTIX LTD to fulfil Your order.
2.4 You are responsible for maintaining and updating Your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.
3. Price and Payment
3.1 Prices are specified on the Website, AVTIX LTD reserves the right to adjust prices due to increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates, and programming, data or other errors in Our Website.
3.2 AVTIX LTD will notify You of any errors in pricing prior to Product delivery. In the event of an increase in the price, You have the right to terminate the agreement. If You do not rescind the agreement, You accept the new conditions and prices as notified to You by AVTIX LTD.
3.3 Payment shall be made prior to delivery and by such methods that are indicated on the Website or by any other method expressly agreed between You and AVTIX Ltd.
3.4 AVTIX Ltd will charge credit or debit cards online, after the order is placed and the credit card information is provided to AVTIX Ltd.
3.5 AVTIX Ltd reserves the right to verify the credit or debit card payments. In case of non-payment, AVTIX Ltd can transmit a claim to the vendor for which AVTIX Ltd acted as a reseller in Your respect (the "Vendor"), without additional information to You, and the Vendor or Peachinc Ltd can reclaim the Products delivered from You.
4.1 Delivery of service dates specified on the Website, in any order confirmation or elsewhere are estimates only. AVTIX Ltd will not be liable in respect of delay, but will do its best to ensure the services delivered on time.
4.2 Delivery will be made electronically. You must check the details entered on the AVTIX Ltd site, acceptance provided to You and notify AVTIX Ltd at once about errors or omissions.
4.3 You are not entitled to revoke or cancel in whole or in part this agreement with respect to downloaded Services in case of a defect. The risk of loss or damage passes to You upon delivery of the Services.
5. Software conditions
5.1 Products include an end user license agreement drawn up by the distributor, manufacturer or owner and distributed along with the Products by AVTIX Ltd . Such Products may be used only in accordance and may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, save, reverse engineered or combined with any other software, unless expressly permitted by applicable law. Subject to Clause 10, Clause 11 and Clause 12 of these Terms the remedies shall be Your sole remedies with regard to the Products
6.1 With respect to certain Products We provide You with an option to automatically renew Your agreement. You will be able to elect automatic renewal of the agreement for such Products.
6.2 Each renewal term will be equal in duration to the initial term. You may terminate an agreement during any renewal term.
7.1 Under no circumstances and under no legal theory, tort, contract, or otherwise, shall AVTIX Ltd or its affiliates be liable for any indirect, special, incidental, or consequential damages, including loss of profits. AVTIX Ltd or its affiliates will be liable solely for damages caused by a breach of a material contractual obligation as a result of Peachinc Ltd.’s wilful intent or gross negligence.
7.2 The aggregate amount of damages that can be claimed pursuant to this agreement shall not exceed EUR50.000. This limitation of liability applies to all damage claims irrespective of their nature and will continue in force notwithstanding termination of this agreement.
7.3 You shall indemnify AVTIX Ltd against any liabilities, claims and costs incurred by or made against AVTIX Ltd as a direct or indirect result of selling Products or performing services to Your specifications causing an infringement or alleged infringement of any proprietary rights of any third party. This indemnification obligation does not apply to consumers.
AVTIX Ltd can suspend delivery of Services, or terminate this agreement, in case any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress or execution, or if You become insolvent or are reasonably deemed unable to pay Your debts as they fall due, or anything analogous to the foregoing occurs. Peachinc Ltd can terminate Your order by a written notice sent to You by email or fax.
9.Title to Products
9.1 The title to the Services will pass to You when AVTIX Ltd has received full payment for value of the price of the Services (including interest or other payment due for the Services).
9.2 If You are a consumer You shall not resell the Products until title therein has passed to You. If You do not fulfil Your payment obligations, AVTIX Ltd may repossess and resell any such Products.
10.1 You are responsible upon delivery for verifying that Services delivered by AVTIX Ltd are in accordance with the agreed specifications with respect to apparent defects.
10.2 You must notify AVTIX Ltd of any such defect in writing within 15 (fifteen) days of commencing the Service.
10.3 In case the delivery is made by the manufacturer, owner or distributor of the Product You will address Your complaint to that party, or to Peachinc Ltd, who will pass Your complaint to that party. That party shall resolve Your complaint in accordance with the applicable complaint policy, which may differ from Peachinc Ltd.’s complaint policy.
11.Consumer revocation of an order
11.1 IF YOU ARE A CONSUMER, YOU WILL HAVE A "REFLECTION PERIOD" OF 15 (FIFTEEN) DAYS AFTER THE SERVICE COMMENCES DURING WHICH YOU MAY REVOKE YOUR ORDER FOR ANY REASON THROUGH WRITTEN NOTICE TO PEACHINC LTD AS SPECIFIED IN THE CHAPTER 12 - "NOTICE".
11.2 YOU HAVE NO RIGHT TO REVOCATION: (I) IN RELATION TO SOFTWARE PRODUCTS WHERE YOU HAVE BROKEN THE SEAL OF THE SOFTWARE; OR (II) WHERE YOUR ORDER CAN NOT BE RETURNED BECAUSE OF THE NATURE OF THE PRODUCTS, E.G. A PRODUCT CUSTOMIZED SPECIFICALLY TO YOUR ORDER.
11.3 WITH RESPECT TO DOWNLOADABLE PRODUCTS, YOUR RIGHT OF REVOCATION WILL TERMINATE UPON THE EARLIER OF THE EXPIRATION OF THE REFLECTION PERIOD, OR YOUR DOWNLOADING OF THE PRODUCT.
11.4 If You exercise the revocation right, AVTIX LTD will cancel the Service and AVTIX Ltd will reimburse Your payments.
12.1 To cancel an order placed in the Peachinc Ltd system, You must contact us either directly on the Website where You purchased the Services, or by email us at firstname.lastname@example.org. You must provide a reason for the requested refund, in order to speed up the refund approval process.
12.2 If the request is granted, payments are refunded as follows:
Credit / Debit Cards payments will be refunded within one (1) business days;
Wire Transfer payments will be refunded within seven (7) business days;
PayPal payments will be refunded within one (1) business day.
13.1 You have the obligation to obtain at Your own expense any license or authorizations required by any legal authority for acquisition, delivery or use of the Products, evidence of which You must provide to Peachinc Ltd upon Peachinc Ltd 's first request.
13.2 You will be liable for all expenses or charges incurred by Peachinc Ltd stemming from Your failure to obtain such license or authorizations.
14.1 Any notification or any other communication made in connection with Our contract shall be in written form and considered as duly sent or adequately issued if it is sent by mail, fax or email and is addressed to the contact data specified on the Peachinc Ltd Website.
Consumer complaints addressed to Peachinc Ltd may be sent to Peachinc Ltd 47 High Street, Barnet, Herts, EN5 5UW
You and Peachinc Ltd shall attempt to resolve amiably all disputes arising out of or in connection with this agreement within 30 days. If such amiable negotiations fail any such disputes shall be settled by the competent courts of England. If You are a consumer You may notify Peachinc Ltd within one month of Peachinc Ltd 's invocation of this term that You wish to settle the dispute before the competent court as determined by applicable law.
17. General terms
17.1 The provisions of these Terms are separable, the lack of validity of any provision will not affect the validity of any other provision. Your order and these Terms contain the whole agreement between You and Peachinc Ltd relating to the transactions contemplated by this agreement and supersedes all previous agreements between You and Peachinc Ltd relating to these transactions.
17.2 Peachinc Ltd reserves the right to change these terms and conditions from time to time, notification of which will be posted on the Website. Your continued use of the Services after such notice has been posted constitutes Your acceptance of the changes. Any subsequent orders shall be subject to the revised terms and conditions.
17.3 You are not entitled to transfer or assign Your right and obligations under these terms to a third party, without the written approval of Peachinc Ltd.