Terms of Sale
1. Your Contract with Us:
Your purchase and use of products and services on the cebas website www.cebas.com and affiliated sites (the "Websites") is governed by these Terms of Sale. This Contract is between you and cebas Visual Technology Inc, Canada ( short “cebas”).
cebas offers download software, only. Software can be acquired from our Websites or from authorized resellers, your use of the software, is also governed by the applicable end user license agreement presented to you by installing and using the software. Sales that have not been processed by or through our Websites (e.g an authorized reseller) are not covered by this Terms of Sale, you should consult the seller's terms and conditions instead. cebas is not responsible of any sales that have not gone through directly through their Websites
In these Terms of Sale, the term "you" means you the customer; and the terms "cebas", "we","us" and "our" means cebas Visual Technology Inc.
All sales come out of Canada, user data and all related sales transactions are processed on servers residing either in Canada or North America. European law or any other local law concerning this sale or transaction can not be applied.
2. Placing an Order with Us:
To make a purchase, you need to create a personalized my.cebas.com ID (“Account”). We can only process orders placed by properly registered users. Within the ordering process on our Websites you need to provide your billing information and confirm the details of what you are purchasing and that you have read and accept these Terms of Sale.
You will then be sent a purchase confirmation email from us.
Our Websites offer tools that will allow you to fully control your Account information at any time; even after a purchase. An invoice along with the purchase history can also be printed and acquired at any time when logging into your Account.
The price payable by you (the "Price") is the price indicated on the purchase confirmation page and the invoice that is available to you in your purchase history. For consumers located outside of Canada, the price indicated is without any Taxes or VAT.
Pricing and Sales Tax, GST and VAT. Your total price will be the price of the product plus any applicable sales or use taxes in effect at the time of purchase, and based on the bill to address. Canadian purchasers applicable sales tax will be added on to the product price displayed.
Failure on cebas’ part to invoice you for any applicable sales taxes, GST, VAT and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the service. We reserve the right to change the price and specifications shown in relation to any of our products or services. If you are a Canadian resident and you do not supply your proper address and location (e.g. Province), when ordering, you are fully responsible for your actions and any outstanding taxes you might have to pay.
Due to the complexity of the internet and online business in general, errors may occur and a wrong or false pricing might show up in your purchase confirmation. If this happens we will first confirm with you either by email or telephone the correct price before proceeding with the order fulfillment.
WE DO NOT HAVE AN AUTOMATIC ORDER PROCESSING SYSTEM. ALL ORDERS PLACED WITH CEBAS ARE MANUALLY PROCESSED.
The method of payment for your products and/or services is by credit card on our Websites. To place an order with our Websites you must supply your credit card details when you place your order. Your credit card will be charged when we manually authorize and confirm by email the purchase. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment of the products and/or services ordered.
cebas can not be held responsible for any 3rd party fees that occur when you use your credit card for payments. Consult your your credit card issuer for any fees that might be involved with international purchases.
Costs associated with accessing our Websites and downloading software products depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
5. Shipment & Fulfillment
cebas Software products are Electronic Delivery, only. No physical package will be sent to you and you have not acquired any physical product. Check out the individual End User License Agreement (“EULA”) to learn more about the software usage rights you have.
6. Refunds for Products and Services:
Due to its Electronic Delivery nature of our products; all software sales are final. This includes our products (cebas software) as well as other 3rd party Electronic Delivery software packages we might also have on offer. In case of a drastic error; or if a purchase turns out the be fraudulent immediately contact: email@example.com
Please note that if you purchase products and/or services from us, the performance of our services will begin immediately after we have sent our purchase confirmation email.
This Contract does not confer any rights or remedies upon any person other than the parties to this Contract. You may also have additional rights under applicable law.
7. cebas Liability to You:
THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON CEBAS WEBSITES ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
NEITHER CEBAS NOR ITS DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES FROM ANY CAUSES OF ACTION ARISING FROM THE USE OF THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE CEBAS WEBSITES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CEBAS’ LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
8. Online Business :
You acknowledge and agree by placing an order with us on our Websites, you are placing a legally binding offer to purchase. In addition to any software or service specific EULA you also agree to the following terms: cebas will communicate with you in electronic form (e.g. email) in order to enter into contracts and place orders with us; this implies automatic and manual electronic delivery of notices, policies and records of transactions initiated or completed by you online.
As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.
9. Governing Law:
cebas Visual Technology Inc. is a Canadian company based in British Columbia. Canadian trade and privacy laws apply to all transactions and interactions performed between us and you.