Terms and Conditions of Purchase
- In these Terms and Conditions of Purchase (“Purchase Terms”):
- “Customer” means an individual or a legal entity purchasing Product.
- “BiggerBytes” means BiggerBytes with its registered office at Scheestraat 27, 1703 Schepdaal, Belgium, registered with Commercial Register, ID.Nr.: : 0537.252.316
- Customer accepts these Purchase Terms by placing an order for Product with BiggerBytes. Orders placed by Customer with an external BiggerBytes distributor are subject to terms and conditions of purchase set forth by that distributor.
ORDER PLACEMENT AND ACCEPTANCE
- Customer may place an order with BiggerBytes:
- online on the BiggerBytes website www.externalizer4j.com;
- e-mail using the appropriate BiggerBytes sales office contact.
- Order details shall be in English. Customer can modify order details before acceptance of the Customer order by BiggerBytes. English is the preferred language for order-related enquiries.
- Any order is not binding upon BiggerBytes until accepted by BiggerBytes. Non-acceptance of an order may be the result of one of the following:
- failed payment;
- growing backlog or negative payment history;
- incomplete or incorrect order details, such as missing e-mail address for delivery, missing Customer billing address, or a pricing or product description error, among others;
- ineligibility according to the order criteria (e.g. entitlement to upgrade or to certain Product purchase options restricted to particular users or purpose of use).
PRICES AND PAYMENT TERMS
- BiggerBytes sets prices and accepts payments for its Products in one of the following major currencies depending on the Customer country: USD, EUR or GBP. Prices in any currency are subject to change by BiggerBytes.
- BiggerBytes accepts major debit and credit cards (collectively, “payment cards”) for online orders via third-party payment gateway providers, including, but not limited to, Element 5, PayPal and GP Webpay. BiggerBytes is not responsible for any payment failure resulting from inaccurate payment card details provided by Customer when placing an online order, any restrictions applicable to payment card by Customer’s bank, or payment gateway failure.
- BiggerBytes only accepts purchase orders from existing corporate Customers with clear payment history. Purchase orders can only be paid by wire transfer or cheque on net 30 days terms. Purchase orders from newly registered corporate Customers and offline orders from individual Customers are subject to advance payment by wire transfer.
- BiggerBytes ships no physical Products. Any details necessary to enable Customer to download and/or use the purchased Product (including license keys or access details where applicable) will be delivered by BiggerBytes to Customer via e-mail to an e-mail address provided by Customer. Customer is responsible for providing BiggerBytes with a valid e-mail address for delivery purposes. No shipment is charged by BiggerBytes for e-mail delivery.
- BiggerBytes will use its best efforts to deliver Product purchased by Customer within 2 business days of the order acceptance. BiggerBytes shall not be liable for any failure to deliver Product within this timeframe.
TAXES AND DEDUCTIONS
- Product prices do not include any national, state or local sales, use, value added or other taxes.
- Customer shall pay any such taxes, if applicable. Customer bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable to BiggerBytes under any BiggerBytes invoice.
- Purchases from the European Union (“EU”) countries may be subject to the EU value added tax. Customers from the EU are responsible for providing a valid VAT ID, if any.
WITHDRAWAL AND REFUND
- BiggerBytes provides an opportunity to evaluate any of its Products free of charge during a trial period specified in the applicable end-user license agreement, and encourages Customer to fully evaluate Product prior to purchasing. Customer may withdraw from using Product at its sole discretion anytime before expiration of a free trial period.
- Any refund request following the Product purchase date will be subject to the prior authorization by BiggerBytes and acceptance of such request shall be at the sole discretion of BiggerBytes.
- In accordance with the U.S. Export Administration Regulations (“EAR”), BiggerBytes Products typically:
- fall under the Export Control Classification Number (ECCN) 5D002;
- May be exported under EAR to most destinations with No License Required (“NLR”). Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, and Syria.
- Information provided by BiggerBytes under this Section 7 is only intended for general information purposes and should not be construed as legal advice concerning U.S. export control laws and regulations. For details on export restrictions applicable to Products, Customer should refer to the EAR.
- No terms and conditions other than the terms and conditions contained herein shall be binding upon BiggerBytes unless accepted by BiggerBytes in writing signed by the duly authorized BiggerBytes representative. If Customer’s terms and conditions of purchase are different from or in addition to these Purchase Terms, these Purchase Terms shall prevail.
For any questions regarding these Purchase Terms, please contact BiggerBytes at:
Address: Scheestraat 27, 1703 Schepdaal, Belgium