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1 Subject and scope
1. These General Terms and Conditions for Online Sales (hereinafter referred to as “General Terms”) apply to all purchase orders you place on the emotescreator.com store located at www.emotescreator.com(hereinafter referred to as “Website”) and your subsequent agreement with emotescreator.com. (hereinafter referred to as “Emotes Creator”) regarding your purchase of Products licenses, updates, or upgrades (collectively referred to as “Product”).
2. In addition to these General Terms, the Emotes Creator license agreement regarding the use shall apply. You can access the corresponding license agreement through the provided link. You must also accept this license agreement before you can place your order.
3. These General Terms shall apply exclusively. We do not accept any conflicting or deviating terms and conditions unless this has been agreed in the individual case with a legal representative of Emotes Creator in writing. Our General Terms shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Emotes Creator.
4. These General Terms apply equally to commercial entities and consumers. Differing provisions for consumers have been made where necessary.
2 Order process and conclusion of the purchase agreement
If you place an order through our Website, the ordering process comprises four steps:
1. By clicking /add to cart” you select the desired goods even customizing with our tools.
2. You check all items in your shopping cart and apply any necessary changes. You click the “Check out” button to proceed to payment.
3. Enter the required customer data for the invoice.
4. Finally, on the “Checkout” page, you select the preferred method of payment and confirm your acceptance of the conditions that shall apply to the purchase. By clicking “Place Order” or “proceed to Paypal”, your Order becomes binding.
5. With our order confirmation and/or delivery, we will send you an email of the corresponding Order, including the corresponding link for products download.
3 Prices, delivery costs, taxes and duties
1. All prices quoted on our Website are in DOLLAR net, excluding taxes or charges that may apply to the particular case.
2. No delivery costs will be charged for the delivery of the ordered Digital Products.
3. If you are a consumer resident in the European Union or if you represent a legal entity with a registered seat in Italy or a European entity without a valid VAT ID number, the legal value-added tax (VAT) applicable for your country is added to the amount of the product price, as specified on the checkout page.
4. Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of your Order shall be borne by you.
5. In the event of obvious errors on the Website or made in connection with your Order, Emotes Creator reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the Products at the correct price or cancelling your Order.
4 Payment conditions
1. You can select one of the payments methods described on the Website. Emotes Creator reserves the right to exclude or include particular payment methods at any time.
2. In case of payment by credit card or PayPal, your payment will be executed by our payment service provider using their discrete secure infrastructure. Our payment service provider reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.
3. As long as the amount due has not been received within 2 working days, emotes creator is entitled to declare the contract as invalid without giving any further reasons.
5 Delivery
1. Emotes Creator will send the email to the address indicated in your Order. The email contains the download link.
6 Refund
1. Since Emotes Creator offers intangible and irrevocable goods, Emotes Creator is not granting a refund after providing the goods. The customer has to be clear about that before purchasing the product. Emotes Creator is only granting exceptions of this rule if the product does not match its description. A refund is depending on the case and can only be conducted if both parties agree. The time for refund claims is two weeks after the date of delivery.
7 Liability
1. Unless Emotes Creator is proven to have defaulted intentionally or through gross negligence, claims for damages or the rescission of the contract on grounds of late delivery are excluded. Emotes Creator total liability in any matter arising out of or related to these General Terms is limited to the purchase price.
8 Final Provision
1. These General Terms shall be governed by Italian law, to the exclusion of its conflict of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The place of jurisdiction shall be the court having subject-matter jurisdiction in Savona, Italy. If you are a purchaser outside the European Union, Emotes Creator is entitled to bring action against you regarding all disputes related to the purchase agreement also at your residence, registered office or place of establishment.
For further information contact [email protected]
