Terms and conditions of sales
ARTICLE 1: OBJECT
BWM Mediasoft (Division of EmailTree AI Group) is a leading company in the digital e-commerce area, as well as a strategic partner of worldwide digital content publishers, dematerialized products, or online services suppliers: software, vouchers, reservations, booking, different types of subscriptions, etc (all together here called PRODUCT(S)).
The general selling terms apply exclusively to trade relations present and future between EmailTree AI Group / BWM Mediasoft SARL, 5 - rue de la Liberation, L-5969 Itzig, Luxemburg, and the author of the order ("You").
Any condition not corresponding with our Terms and Conditions of sales that you have made will be rejected unless we have expressly agreed in writing for its applicability. We may modify these Terms and Conditions of sales at any time, changes will be available on our site.
ARTICLE 2: PRICES
The prices of our products are listed in EUR and USD. Prices include VAT if applicable. Payments are available in EUR and USD.
For E.U. (European Union) clients, the purchased articles include all taxes, with the application of your local VAT rate. Clients outside the European Union (EU) may have to pay local taxes, our prices do not contain VAT.
Regarding the SaaS (software as a service) products, and dematerialized products or online services available via the Internet (platform access, downloading, email delivery, etc..), the prices always contain VAT for private clients residing in an EU country or for EU companies that did not provide a valid VAT number issued in an EU country, confirmed during the ordering process.
No other taxes are added when placing your order. However, customs duties or other local taxes or import duties, or Government taxes may be applied by the local authorities in your country. These taxes are outside the competence of BWM Mediasoft/EmailTree AI. They will be at your expense and are your responsibility both in terms of statements and payments to the authorities in your country. We advise you to inform yourself about these matters from your local authorities.
BWM Mediasoft/EmailTree AI reserves the right to change prices at any time. Prices to be paid are the ones available in the store at the moment of your order.
TRANSFER RIGHTS: when speaking of SOFTWARE LICENCES and SOFTWARE AS A SERVICE, the terms "sales" or "purchase", in singular and plural, do not imply any transfer of ownership of the product/service or software sold by BWM Mediasoft/EmailTree AI. The publisher, ISV (Independent Software Vendor) is the owner of the rights and grants you only the right to use the PRODUCTS on the platform. Please refer to the licensing agreement established by the publisher regarding the conditions to use the product.
You are solely responsible for the usage you made of the product. IT IS UP TO YOU TO CHECK AND YOU MUST NOT BREACH THE TERMS UNDER WHICH THE PRODUCT IS MADE AVAILABLE.
ARTICLE 3: ORDER
Orders are registered on our site https://shop.emailtree.com Copyright 2019 - 2023 BWM Mediasoft/EmailTree AI, published by BWM Mediasoft. We respond to specific requests that may be requiring a Proforma Invoice. For larger orders, you are invited to contact our sales department to obtain a personalized quotation: email@example.com.
The order is registered when you press the button ORDER. You may choose an immediate type of payment. After payment reception, you will receive the instructions to connect to the EmailTree AI SaaS platform.
BWM Mediasoft/EmailTree reserves the right to cancel any order from a customer with whom there is a dispute over payment of a prior order or be risky or considered fraudulent by the payment system in place.
You have the possibility to access the platform based on monthly or annual subscriptions/payments.
If you have chosen a monthly based payment you can cancel your subscription no later than 14 days before the next billing date, from your account created on our site https://shop.emailtree.com.
ARTICLE 4: VALIDATION
To accept the Terms and Conditions of Sale it is necessary to check the checkbox during the order process, in the Terms and Conditions of Sale section.
By checking the checkbox you agree to the entirety of these Terms and Conditions of Sale without reserve. You can then click "Continue" to continue and complete the registration of your order. The data recorded at the time of validation are proof of all transactions made by BWM Mediasoft and its customers. The data recorded by the secure payment system set up with Systempay are proof of financial transactions.
ARTICLE 5: AVAILABILITY and DELIVERY
All software plans/subscriptions/products on our site are delivered by providing an access to the platform. An email containing the access data, activation procedure, and technical support data, as well as customer service data, will be sent.
In case of the unavailability of the product after placing your order, we will notify you via email as soon as possible. You can then cancel or change your order to us by responding by e-mail or writing to us.
In the event of an unusual delay, an e-mail will be sent to you.
ARTICLE 6: PAYMENT TYPES
Visa, Eurocard, Mastercard.
We use secured payment solutions managed by Systempay Gateway.
ARTICLE 7: PRODUCT REFUND
By placing an order for the creation of a voucher you agree that the performance of the contractual service (which shall be partially realized via an automated process) shall begin prior to the conclusion of the legally allowable cancellation period, which means that you will not be able to cancel the order after having submitted it.
ARTICLE 8: RESERVE OF PROPERTY
The products remain our property until you have fulfilled all your obligations and in particular until full payment was received.
ARTICLE 9: WARRANTY OF HIDDEN DEFECTS AND LIABILITY
In the event that a voucher code, would be faulty, we will decide, at our sole discretion, to replace it with another, or refund the price or propose you a discounted price.
We disclaim any liability in the event that the product delivered does not comply with the laws of your country.
We undertake to provide all necessary advice to help you related to the order process, delivery, the payment process.
Nevertheless, our responsibility cannot be used in case of breach of contractual obligations because of unforeseeable circumstances or force majeure such as, without limitation, natural disasters, strikes, fires, floods, failure or breakdown of equipment, transportation, communication, or because of your actions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AGENTS AND AUTHORISED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE.
YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR SUBSCRIPTION.
DESPITE THE ABOVE, IF ANY COURT HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF THE MONTHLY FEES PAID BY YOU FOR THE PREVIOUS MONTH.
ARTICLE 10: PROTECTION OF PERSONAL DATA
We undertake to protect your personal data. All personal information about you that we have collected is treated with the strictest confidentiality, in accordance with laws and our policy of protecting personal data. When you shop, we do ask only for the information needed to ensure the quality of our services and process your order.
You have a right to access and change data that concerns you. All you have to do is to send us an e-mail to firstname.lastname@example.org. By accepting these general conditions of sale, you acknowledge having read our policy on personal data protection and consent to us collecting and using these data.
ARTICLE 11: LAW AND JURISDICTION
These general conditions of sale are subject to Luxemburg law and the Vienna Convention on Contracts for the International Sale of Goods, excluding the sales law of the United Nations. All disputes concerning the business relationship between You and Us are subject to the exclusive jurisdiction of Luxembourgish courts. Under Articles 313-1 and following the Penal Code, a scam "does, either by using a false name or false status or by the abuse of a true quality or by the use of deception, of deceiving a person or entity and thus determine, to his prejudice or injury of a third party, to transfer funds, securities or any property, to provide a service or to grant to an act or discharge requirement". The crime of embezzlement by misuse of a means of payment can result in imprisonment and fines. The attempt is punished in a like manner. The policy of our site is to prosecute everyone at the origin of such fraud. We will not hesitate to complain, especially on the basis of information provided when ordering online (IP address, name, or address for delivery).