Terms of Service
MICROCAD SOFTWARE – TERMS OF SERVICE
– Conditions: General Conditions.
– MICROCAD SOFTWARE: Denomination for Microcad Software S.L. in these conditions.
– Client: Individual or legal entity that purchases or agrees to purchase Products and/or Services from MICROCAD SOFTWARE, including consumers.
– IPR: “Intellectual and industrial property rights“, such as: patents, trademarks, utility models, trade names, trademarks, copyrights, know-how and any other similar rights that are subject to protection in any country.
– Price: Total amount that the client has to pay to MICROCAD SOFTWARE as remuneration for products and services.
– Products: All those goods (including software) described in any updated document published by MICROCAD SOFTWARE and/or available on the MICROCAD SOFTWARE website or in order confirmations that the customer purchases or agrees to purchase from MICROCAD SOFTWARE.
– Services: Services and general support provided by MICROCAD SOFTWARE.
– Offer/s of services: Options in services offered by MICROCAD SOFTWARE as described in any updated document published by MICROCAD SOFTWARE or available on the MICROCAD SOFTWARE website or in order confirmations.
– Products of third parties: Products that MICROCAD SOFTWARE sells and that have not been manufactured or integrated by MICROCAD SOFTWARE.
– Third party software: Operating systems, middleware or any other applications or software belonging to Third Parties.
2. SCOPE OF APPLICATION
2.1. These conditions will be applicable to all sale contracts of products and/or services between MICROCAD SOFTWARE and its clients.
2.2. These conditions exclude the application of any other conditions unless they have been expressly agreed in black and white with MICROCAD SOFTWARE.
2.3. All orders for products and/or services will be considered offers to the customer and the purchase of such products and/or services is subject to the aforementioned General Conditions.
2.4. MICROCAD SOFTWARE accepts the purchase offer of the client subject to these conditions.
The acceptance of an estimate from MICROCAD SOFTWARE by the client, presupposes the commitment of its execution and/or supply under its conditions of sale.
4. PRICE AND TERMS OF PAYMENT
4.1. The prices indicated in the estimate will be valid during the maximum period of 15 days from the date of the document. If there is no previous estimate, the latest updated price will be applied to the delivery of products or the realization of services. MICROCAD SOFTWARE reserves the right to vary prices allowed in the estimate in the case of any unattributable factor which is beyond the control of MICROCAD SOFTWARE, but not limited to the increase in labor costs and/or materials.
The payment of the price of the services and products provided by MICROCAD SOFTWARE, will be made effective in the form and terms stipulated in the estimate that has been accepted by the client.
4.2. If a client’s payment is not received on the due date, the legal interest on the final amount to be paid will be applied, once it has been notified in writing. MICROCAD SOFTWARE may suspend delivery due to a delay in the obligation to pay the price. In any case, in the event that MICROCAD SOFTWARE must proceed to recover the amount owed and/or the product as a result of the aforementioned, the expenses that arise will be assumed by the client.
The determined delivery date is estimated depending on the existence of stock and the carrier’s delivery time. If not stipulated otherwise, the place of delivery will be the address that has been provided by the customer.
For practical reasons, the products may be delivered in parts.
Any loss, error or damage that may have occurred to the product or its packaging will be notified on the receipt of the product prior to its signature.
The delivery periods are indicative and no damage, interest, prejudice, penalty, fine or compensation will be recognized to the client in the case of delay for whatever reason.
6. PROPERTY AND RISK
6.1. The transfer of ownership of products to the customer will occur once MICROCAD SOFTWARE has received full payment of the price. MICROCAD SOFTWARE may proceed to the recovery of the product at any time prior to the transfer of ownership thereof in the event that the customer is in breach of these General Conditions.
6.2. The risk of loss or damage to the product will pass to the client or its representative from the moment of its reception. For those products (software) that have physical protection, the loss of this device will suppose the loss of the rights of use of the license.
7. ACCEPTANCE AND RIGHT OF WITHDRAWAL BY CUSTOMERS
7.1. Acceptance by customers: Clients can only proceed to returning the product when there is a lack of conformity with the contract and by written communication to MICROCAD SOFTWARE within 7 days after delivery. Otherwise, it will be considered that the acceptance of the product has taken place.
7.2. The right of withdrawal will not apply if the consumer begins to use the software or the services.
7.3. If the client chooses not to accept the license to use the software, MICROCAD SOFTWARE will only accept the return of the complete product and the refund as established with respect to the term in this clause.
7.4. In all returns, the products must be sent to the offices of MICROCAD SOFTWARE by the client,who assumes the cost of postage.
7.5. Programs with online download. Due to the nature of the service, it will not be possible to exercise the right of withdrawal in the case of online download programs, since these files are installed in the user’s computer immediately for permanent use.
7.6. Program maintenance services. It will be possible to end the maintenance service of a computer program if it was hired as an accessory to the purchase of the aforementioned software, which has been returned. If the maintenance service has been acquired independently, it may be rescinded during the first seven business days, counted from its contract, if the service has not been started.
8. LIMITED WARRANTY AND EXCLUSION OF LIABILITY
8.1. The limited warranty of Microcad Software guarantees that from the date on which the software is delivered to you and during the first ninety days following the same warranty period, the software will offer the features and functions described in general nature in the user documentation and that the support in which the software is provided, in its case, will be free of defects in material and workmanship. During the warranty period established in Section 5.1 (limited warranty) the attempt of correction or alternative error solution, the substitution of the defective media in which the software is provided, as the case may be, or the reimbursement of the license fees and the resolution of this contract will be under the responsability of Microcad Software. The aforementioned refund will be subject to the return of the defective media, if any, and user documentation, with a copy of its receipt to our local Microcad Software office or to the authorized distributor from whom the user purchased the software during the warranty period.
8.2. EXCLUSION OF LIABILITY. EXCEPT FOR THE LIMITED AND EXPRESS WARRANTIES STATED IN SECTION 5.1 (LIMITED WARRANTY) OF THIS AGREEMENT, MICROCAD SOFTWARE DOES NOT GRANT AND YOU DO NOT RECEIVE ANY SPECIFIC WARRANTY. ALL STATEMENTS OR MANIFESTATIONS REGARDING THE SOFTWARE AND ITS FUNCTIONS INCLUDED IN THE USER DOCUMENTATION OR IN ANY COMMUNICATION SENT TO YOU, CONSTITUTE TECHNICAL INFORMATION AND NOT A SPECIFIC WARRANTY. IN ADDITION, MICROCAD SOFTWARE SPECIFICALLY EXCLUDES ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF COMMERCIALIZATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, MICROCAD SOFTWARE DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. INTELLECTUAL PROPERTY RIGHTS AND SOFTWARE
MICROCAD SOFTWARE reserves the right to litigate, negotiate and reach agreements and the client has the obligation to help MICROCAD SOFTWARE when the dispute is directly related to the customer’s product. MICROCAD SOFTWARE reserves all its DPI in the product. The customer must immediately notify MICROCAD SOFTWARE of any infringement or unauthorized use of the product or of the intellectual or industrial property rights thereof. MICROCAD SOFTWARE will not compensate the client for: (i) products or software of third parties (ii) modifications or unauthorized uses (iii) any claim caused by the use of the product in conjunction with any item not provided by MICROCAD SOFTWARE. The customer must comply with the conditions of the license to use the software.
10. DATA PROTECTION
MICROCAD SOFTWARE owns the personal data that users have provided. MICROCAD SOFTWARE undertakes to treat this data confidentially and will adopt all necessary means that are within its reach to do so. The client accepts that all the data supplied at the time is correct and authorizes MICROCAD SOFTWARE to incorporate them into a file in order to be continuously informed of any news, prices, technical bulletin, etc. that may be of interest to the client. MICROCAD SOFTWARE informs the client that for any modification, cancellation of their data, or to oppose to the sending of information, they must notify the following address by email: firstname.lastname@example.org
Microcad Software will treat all information received from the client as confidential, in the same way it would treat its own confidential information in general.
12. COMPLIANCE WITH THE CURRENT LEGISLATION
The client must comply with current regulations in relation to the products provided by MICROCAD SOFTWARE to the extent that this is applicable. In particular, the client will comply with:
1) The policy of free competition established by the European Community, specifically with Law 16/1989 of July 17 on the defense of competition, modified by Royal Decree 7/1996 of June 7.
2) Law 34/2002 of July 11 on the services of information and Electronic Commerce
3) International and Spanish regulations regarding security in imports and/or exports with respect to the commercialization and supply of dual-use products and technologies and the non-proliferation of weapons and weapons of mass destruction (nuclear, chemical and biological weapons).
The client will be directly responsible for the adequate compliance with these current regulations.
13. RIGHTS OF CONSUMERS
None of the mandatory provisions in force regarding consumer law will be affected by these General Conditions.
14. APPLICABLE LAW AND JURISDICTION
The Spanish law will be the one of application. Both parties agree to submit to the exclusive jurisdiction of the Courts of Malaga. If any part or clause of these conditions is declared invalid by a tribunal, the rest will remain in force for the parties involved. All notifications between parties must be sent in writing to the legal representative of the other party at the address indicated on the invoice.