INFORMATION PRIOR TO THE CONTRACTUAL PROCESS
This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (https://www.softwarelicences.eu/) and all commercial transactions for the purchase of products on the same, whatever the application, digital media, support or device through which it can be accessed. Please read these General Terms and Conditions, Legal Notice and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website.
If you have any questions regarding the Terms and Conditions or the Privacy and Cookie Policy, you can contact us through our contact channels.
This website https:// www.licenciasoftware.com/, belongs as a business unit to the company NOSSAYU, S.L.U., with C.I.F B66797952, and fiscal address in Paseo de la Castellana, 216, Planta 8, 28046, Madrid, Spain, acting commercially under the brand name “CHEAPFY “.
The General Conditions of Contract regulate the relationship at a distance between NOSSAYU, S.L.U. and the user or customer, whose purpose is both the provision of information and the commercial relations arising between CHEAPFY and the end users or consumers, in accordance with the legal stipulations, in particular, Law 7/1998, of 13 April, on General Contracting Conditions, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, Law 7/1996, of 15 January, on the Regulation of Retail Trade, and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of the Intellectual Property Law (specifically articles 95 to 104, relating to computer programs). The regulation contained in this law is the result of the incorporation into Spanish law of Directive 91/250/EC, of 14 May 1991, on the legal protection of computer programs, created with the aim of achieving a homogeneous intellectual and industrial property policy in the European Union.
The mercantile NOSSAYU, S.L.U. reserves the right to make any changes it deems appropriate, without notice, in the General Conditions, without the changes introduced have retroactive effect.
Such modifications may be made through their websites, by any means admissible in law and must be complied with during the time they are published on the web, until they are not validly amended by subsequent ones. However, NOSSAYU, S.L.U. reserves the right to apply, in certain cases, Special Conditions of Contract in preference to these General Conditions when it deems appropriate, announcing them in a timely manner (in writing), not recognizing conditions to the customer that produce a conflict, contradict or are not defined in these General Conditions.
These General Terms and Conditions apply to the supply of digital content, provision and sale of software licenses (hereinafter referred to as the “Products”) ordered via the Website. In the event of any inconsistency between these Terms and Conditions and any other terms and conditions that may appear in any purchase order, these Terms and Conditions shall prevail.
As a user or customer, you expressly declare that you know, understand and accept the conditions of use and these general contracting conditions. Likewise, you declare that you are of legal age and have the necessary legal capacity to access the websites of https://www.softwarelicences.eu/, the contracting, provision and sale of products will constitute implicit acceptance of these general conditions, available on the website, so if you do not agree with all the Conditions and with the Privacy Policy and Cookies, you should not use this website.
PURCHASE SOFTWARE LICENCES
In order to purchase a software licence, the user must enter the website: https://www.softwarelicences.eu/ .
To purchase our products, the user must go to the corresponding section for the purchase of licences and follow the purchase procedure. First of all, the customer must select the product/s he/she wishes to purchase and add them to the shopping cart by clicking on the “add to cart” button.
Once the product/s they wish to purchase have been added to the shopping cart, they must click on the shopping cart, and the product/s contained in the “shopping cart” will be displayed as well as the total purchase price and then click on the “finalise purchase” button.
To process the purchase you must provide the personal data requested to generate the proforma invoice, which will be downloaded immediately, containing the same, the account number to make the transfer; once we receive the deposit made for the purchase, or you have paid by card through the payment gateway, you will receive, within a maximum period of 48-72 hours, the final invoice and all legal documentation* relating to software licenses in the email address provided.
*The quality and legality of the licences will not be altered in any case, all licences sold by CHEAPFY are original, legal, perpetual and for a single payment.
Due to the resources that the particular and specific preparation and organisation of all this documentation and traceability require, you should be aware of the following information:
You will receive all legal documentation and full traceability; de-installation certificate, good execution commitment according to the Exhaustion Principle and the EU Software Directive 2009/24 ratified in the European Court Judgment in 2012 (Judgment of the CJEU Court (Case C-128/11 -3 July 2012), invoices, vlsc capture, contracts, activation keys…, of the licenses on orders equal or higher than 3000€ (incl. VAT).
For orders under 3000€ (VAT included), you will receive your activation keys and invoices together with the licenses.
Our only requirement with our customers is that they only install the licences they have previously purchased. Otherwise, they are solely responsible for the installation.
The reservation of products or their accumulation in the shopping cart without prior payment of the transfer does not create any rights or binding contracts. The contract is only concluded after the actual payment has been credited to our account.
In the event that a paid product is not available due to company error, an alternative of equal or higher value will be offered.
SALE OF SOFTWARE LICENCES
To sell software license that the user does not use, the interested party must fill out the form contained in the drop-down “sell licenses”, CHEAPFY managers will contact the user to perform an audit of the license to be sold and evaluate whether the license meets the requirements for subsequent resale.
ESSENTIAL FEATURES AND AVAILABILITY OF THE PRODUCTS
Fully legal license, complies with all steps of the European Court Ruling in 2012 (CJEU Court Judgment (Case C-128/11 – July 3, 2012) in favour of the owner’s right to market his hardware and software (Exhaustion Principle and EU Software Directive 2009/24) including legal support, audit support, and updates.
In compliance with the applicable regulations, we provide information on all products on sale, their features and price. However, we reserve the right to withdraw, replace or change the products offered through the website (modifications to products, prices, promotions and other commercial and service conditions), by simply changing the content of the website. In this way, the products offered at any given time on the website will be governed by the General Terms and Conditions in force in each case. Likewise, we shall have the right to stop offering, without prior notice and at any time, access to the aforementioned products.
Likewise, in the case of a product on offer, the offer price and its validity will always be indicated together with its essential characteristics. In the case of limited stocks or limited offers, the first user or consumer to make the transfer will acquire the product. The coupons or discounts cannot be added once the payment has been made, they are non-transferable and subject to the date and form indicated in the promotion or offer of the product.
In this sense, in NOSSAYU, S.L.U we make every effort within our means to provide the information contained on the website CHEAPFY truthfully and without errors. In the event that at any time there is an error of this type, at all times beyond our control, we will proceed immediately to correct it. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on this error, the user will be informed of the error and will have the right to cancel the purchase without any cost on their part and as long as the software key has not been discovered, always contact us if in doubt before buying.
Otherwise, the contents of the website may, on occasion, show provisional information about some products.
As soon as the product and the licence data sheet are made available to the user, it is ready for installation, so remember to have a good Internet connection and the correct configuration of your computer.
In the event that the licence fails or does not work correctly, the user must try it on another computer to determine if the problem is with his or her terminal. Do not install it again on a computer without making sure that you have uninstalled it correctly on the previous computer. If the licence does not work, please contact us at info@softwarelicences.eu, and our managers will carry out an evaluation of the licence, determining the cause that prevents it from working correctly. On the other hand, if the licence does not work due to a cause attributable to CHEAPFY SOFTWARE LICENCES we will provide the user with a new licence. In no case we return the amounts of the licenses made.
NOSSAYU, S.L.U. assumes no liability for the incorrect use or against the instructions of the manufacturer or CHEAPFY staff, criminal use and in general any inappropriate use according to the rules of good faith and proper use of the product following the recommended instructions and instructions. Likewise, there is no liability for the software license installed on a computer duplicating the serial number corresponding to the purchased license.
WARRANTY
Our website CHEAPFY , obtains the licenses from verified and useful professionals in the European Union, knowing the traceability of origin of the same. These are fully valid licenses obtained mainly through resale or directly from the manufacturer.
In this respect, it is well known that the author of a software cannot oppose the resale of “second-hand” licences allowing the use of his programs downloaded from the Internet. The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted upon its first sale.
By purchasing the product key, the consumer becomes a “legitimate user” of the software. As the holder of the right of use, he can use the software to benefit from its applications and perform the function or obtain the result that the software allows him to do.
WITHDRAWAL, RETURNS, CANCELLATIONS
The commitment of NOSSAYU, S.L.U. is to offer the highest quality and achieve total customer satisfaction, however, we are facing a market that was developed remotely online, obtaining digital content without making it available in a material or face, so that in accordance with Article 103 Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws does not apply the right of withdrawal in the following cases;
The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
The supply of digital content that is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.
Therefore, the right of withdrawal does not apply to contracts relating to software licences, and consequently no refunds will be made for valid licences.
In the event that the product made available is different from the one purchased, as long as the licence key or activation code has not been used or activated, we will proceed to exchange the product for the product actually purchased.
For any questions you can use the chat, mail or telephone listed on our website.
PRICE AND PAYMENT
All products indicate the purchase and sale price in euros and include value added tax (VAT).
In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
Prices may change at any time, but (except as set out above) any changes will not affect purchases made previously provided that the purchase has been confirmed.
You also hereby authorise us to issue the invoice in electronic form.
When you make the purchase and provide the data requested in the purchase gateway, the invoice will be sent to you with a bank details so that you can make the transfer. Once the transfer has been made, you will be able to access your licence. In certain cases and to prevent possible fraud NOSSAYU, S.L.U. reserves the right to request a specific form of payment in the event that the identity of the buyer is not reliably accredited.
All operations involving the transmission of personal or bank details are carried out using a secure environment, a server based on standard security technology SSL (Secure Sockets Layer). All information you transmit to us travels encrypted over the network.
Transfers may be subject to checks and authorisations by the issuing bank, but if the issuing bank does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any contract with you.
Where the amount of a purchase has been fraudulently or improperly debited using an account number, the account holder may demand the immediate cancellation of the debit. In such a case, the corresponding debit and credit entries will be made as soon as possible on the accounts of the supplier and the account holder.
However, if the purchase had actually been made by the account holder and the demand for refund was not the result of having exercised the right of withdrawal or termination and, therefore, had unduly demanded the cancellation of the corresponding charge, it will be liable to NOSSAYU, S.L.U., to compensate the damages caused as a result of such cancellation.
For NOSSAYU, S.L.U. is essential to the safety of customers when buying. In order to protect the transmission of confidential information, the Web server https://www.softwarelicences.eu/, has a data encryption protocol, through a Security Certificate SSL (Secure Sockets Layer). SSL encryption technology protects economic transactions and the flow of data (name, address, credit card number, etc.), thus allowing transactions to be carried out securely.
For payment, the customer must have CES (Secure Electronic Commerce) payment activated. Communication between the customer and the payment institution is also done through a secure server with SSL encryption, and neither NOSSAYU, S.L.U. nor third parties may have access to data from the credit card or customer account.
When the transaction is made by credit/debit card payment, NOSSAYU S.L.U. does not store, process or collect any of the data provided to execute the payment; this is carried out by the STRIPE platform, which is responsible for executing the transaction, managing the payment and processing this data.
USE OF OUR WEBSITE
By using this website and making purchases through this website you agree to:
To use this website only to make legally valid enquiries or orders.
Not to place any false or fraudulent orders. If we reasonably believe that such a purchase has been made we will be entitled to cancel it and inform the relevant authorities.
iii. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary.
If you do not provide us with all the information we require, we will not be able to process your order.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
Users and consumers must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging software or material. Users shall not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database related to our website. Likewise, they undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of any breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of your use of this website or your downloading of any content from or redirected to this website.
INDUSTRIAL AND INTELLECTUAL PROPERTY OF THE WEBSITES
You acknowledge and agree that all copyright, trademark and other intellectual property rights on the materials or digital content that are provided as part of the website at all times correspond to NOSSAYU, S.L.U. or those who granted us license for use. The consumer may make use of such material only in the manner in which we expressly authorize or those who granted us license for use. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you must be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirement that they be in writing. This condition will not affect your statutory rights.
NOTIFICATIONS
Notifications should be sent by telephone on 910 053 590 or by e-mail to info@softwarelicences.eu. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications either by e-mail or to the postal address provided by you when placing an order.
Notifications will be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (“Force Majeure Event”).
Force Majeure Events shall include any act, event, default, omission or accident beyond our reasonable control including but not limited to the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private. - Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority. Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
DISCLAIMER
The failure of NOSSAYU, S.L.U. the strict performance by you of any of the obligations assumed by the consumer under a contract or these Conditions or the failure by us to exercise any rights or actions that we may be entitled under such contract or the Conditions, will not waive or limit any such rights or actions or exonerate you from fulfilling such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
PARTIAL INVALIDITY
If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.
ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire existing agreement in relation to the subject matter hereof and supersede any other pact, agreement or prior promise agreed between the consumer and NOSSAYU, S.L.U. verbally or in writing.
However, we acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except as expressly mentioned in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Conditions.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us such comments, suggestions and queries through our contact channels or the postal address indicated in the first clause of these Terms and Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling 681 80 52 30 or through our contact channels.
You may also send your complaints and claims through our contact channels or by e-mail to info@softwarelicences.eu, which will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period in order to request an out-of-court settlement of disputes. Likewise, they will be registered with an identification code that we will inform you of and will allow you to follow up on them.
In this sense, given that the service between user and NOSSAYU, S.L.U. has been concluded online through our website, in accordance with Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation 524/2013 of the European Parliament and of the Council, we inform you that you have the right to request with us an out-of-court settlement of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Hence, we inform our Users that in the event of any dispute with the consumer of NOSSAYU, S.L.U. there is a new, simple, multilingual and accessible European procedure for the resolution of the same. Which consists of the following:
The consumer must access this platform and complete the online complaint form. Once completed, the form will be sent from the same platform. The claim will be sent to NOSSAYU, S.L.U., who will propose to the consumer an alternative dispute resolution entity. Once the consumer and NOSSAYU, S.L.U. agree on the mediation entity that will resolve their conflict, the platform will send the claim to the chosen entity.
The mediation entity will deal with the case electronically and propose a solution within a maximum period of 90 days.
APPLICABLE LAW AND JURISDICTION
The relationship between the consumer and user and the provider shall be governed by the legislation in force and applicable in Spain. Should any dispute arise, the parties may submit their disputes to arbitration or go to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard.
Likewise, the owner of https://www.softwarelicences.eu/ reserves the right to bring any civil or criminal action it deems appropriate for the improper use of its website and content or for breach of these conditions.