Terms and conditions of sales

Terms and Conditions of sales on pay.mobi

ARTICLE 1 : OBJECT

BWM Mediasoft 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)).

BWM Mediasoft is officially appointed by QUINV S.A. to market, manage   and sell the Products on this site. 

The general selling terms apply exclusively to   trade relations present and future between BWM Mediasoft SARL, 19 - rue de   Bitbourg, L-1273 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 do 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 EURO.   Prices include VAT if applicable. Prices exclude the shipping taxes if   applicable (see Delivery section). Payments are available in EUR and USD.

For E.U. (European Union) customers, the   purchased articles include all taxes, with the application of Luxembourgish   VAT rate. Customers outside the European Union (EU) may have to pay local   taxes, our prices do not contain VAT.

Regarding the vouchers, software products and dematerialized products or online   services available via the Internet (downloading, email delivery, etc..), the   prices always contain VAT for private customers residing in an EU country or   for EU companies which did not provided a valid VAT number issued in an EU   country, confirmed by our team before the order was registered.
 
  No other taxes are added when placing your order. However, customs duties or   other local taxes or import duties or Government  taxes may be applicable by the local   authorities in your country. These taxes are outside the competence of BWM   Mediasoft. 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 reserves the right to change prices at any time. Prices to be   paid are the ones available on the store at the moment of your order.

PROPERTY: the products remain the property of BWM   Mediasoft company until reception of full payment. When speaking of  VOUCHERS and SOFTWARE LICENCES   "sales" or "purchase", in singular and plural, this does   not imply any transfer of ownership of the product/service or software  sold by BWM Mediasoft. The publisher or the   voucher issuer is the owner of the rights and grants you only the right to   use the PRODUCTS. Please refer to the licensing agreement established by the   publisher or the voucher issuer regarding the conditions to use to product.
 
 

You are sole responsible by 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 http://www.pay.mobi Copyright 2013  QUINV, published by QUINV SA and Powered by BWM Mediasoft SARL: www.bwm-mediasoft.lu. 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 quote: sales@pay.mobi

The order is registered when you press the button   ORDER.  You may choose immediate type   of payment.  After payment reception you   will receive your voucher or license order by email.

BWM Mediasoft 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 buy vouchers or   software licenses on a monthly based payment or on annual based payment.

  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 and 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 a proof of all   transactions made by BWM Mediasoft and its customers. The data recorded by   the secure payment system set up with the Systempay are proof of financial transactions.
 
 

ARTICLE 5 :   AVAILABILITY and DELIVERY

All vouchers and software products sold on our   site are delivered by email and/or download. An email containing the elements   of your voucher and/or a download link of the software, the activation code   and the technical support data, as well as customer service data will be   sent.

In case of unavailability of product after   placing your order, we will notify you - via e-mail - by mail as soon as   possible. You can then cancel or change your order to us responding by e-mail   or writing to us at BWM Mediasoft SARL, 19 rue de Bitbourg, L-1273 Luxemburg.  

In the event of unusual delay, an e-mail will be   sent to you.

  ARTICLE 6 : PAYMENT TYPES

Visa, Eurocard, Mastercard.

We use secured payment solutions managed by Wirecard AG.

  ARTICLE 7 : PRODUCT REFUND

By placing an order   for the creation of a voucher you agree that 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 to refund price or to propose you   a reduced 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, payment issues.

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 are treated with the   strictest confidentiality, in accordance with laws and our policy of   protecting personal data. When you shop, we do ask only 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   info@bwm-mediasoft.com. 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 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 of the Penal Code, is 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 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).