These terms apply to purchases of software and digital content, such as download links, license keys, codes, back-up CD's, etc. ("Products") sold to any person or entity ("You") through this website brzEdit. IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.
2.1 brzEdit cannot guarantee that Products are in stock. brzEdit reserves the right to reject Your order if it is unable to process or fulfill it without brzEdit being liable for any damages.
2.2 Upon such rejection brzEdit will refund any prior payment that You have made for that Product.
2.3 You confirm that all information provided by You when placing an order is up-to-date and materially accurate in order for brzEdit to fulfill Your order.
2.4 You are responsible for maintaining and updating Your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.
3. Price and Payment
3.1 Prices are specified on the Website, brzEdit reserves the right to adjust prices due to increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates, and programming, data or other errors in Our Website.
3.2 brzEdit will notify You of any errors in pricing prior to Product delivery. In the event of an increase in the price, You have the right to terminate the agreement. If You do not rescind the agreement, You accept the new conditions and prices as notified to You by Avangate.
3.3 Payment shall be made prior to delivery and by such methods that are indicated on the Website or by any other method expressly agreed between You and brzEdit.
3.4 brzEdit will charge credit or debit cards online, after the order is placed and the credit card information is provided to brzEdit.
3.5 brzEdit reserves the right to verify the credit or debit card payments. In case of non-payment, brzEdit can transmit a claim to the vendor for which brzEdit acted as a reseller in
4.1 Delivery dates specified on the Website, in any order confirmation or elsewhere are estimates only. Avangate will not be liable in respect of delay, but will do its best to ensure the delivery on time.
4.2 Delivery will be made to a valid address submitted by You. You must check the delivery address on the Avangate acceptance provided to You and notify Avangate at once about errors or omissions. Avangate reserves the right to charge You for any extra costs arising from changes You make to the delivery address after You submit an order.
4.3 If You refuse or fail to take delivery of the Products delivered by brzEdit, any risk of loss or damage will pass to You and brzEdit will have the right to receive payment in full for the Products and to make delivery by any means appropriate and/or to store Products at Your risk. You will be liable to pay on demand of brzEdit all costs relating to Product storage and any additional costs incurred as a result of Your refusal or failure to take delivery. brzEdit will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products after 30 days have passed since the agreed date of delivery.
4.4 You are not entitled to revoke or cancel in whole or in part this agreement with respect to downloaded Products in case of a defect. The risk of loss or damage passes to You upon delivery of the Products.
5. Software conditions
5.1 Products include an end user license agreement (EULA) drawn up by the distributor, manufacturer or owner and distributed along with the Products by brzEdit. Such Products may be used only in accordance with EULA and may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, save, reverse engineered or combined with any other software, unless:
this is permitted by EULA,
expressly permitted by applicable law. Subject to Clause 10, Clause 11 and Clause 12 of these Terms the remedies in the EULA shall be Your sole remedies with regard to the Products.
6. Automatic Renewal
6.1 With respect to certain Products We provide You with an option to automatically renew Your agreement. You will be able to elect automatic renewal of the agreement for such Products.
6.2 With respect to certain Products We provide You with an option to automatically renew Your agreement. You will be able to elect automatic renewal of the agreement for such Products.
6.3 Each renewal term will be equal in duration to the initial term.. You may terminate an agreement during any renewal term.
7.1 Under no circumstances and under no legal theory, tort, contract, or otherwise, shall brzEdit or its affiliates be liable for any indirect, special, incidental, or consequential damages, including loss of profits. brzEdit or its affiliates will be liable solely for damages caused by a breach of a material contractual obligation as a result of brzEdit willful intent or gross negligence.
7.2 The aggregate amount of damages that can be claimed pursuant to this agreement shall not exceed EUR50.000. This limitation of liability applies to all damage claims irrespective of their nature and will continue in force not withstanding termination of this agreement.
7.3 You shall indemnify brzEdit against any liabilities, claims and costs incurred by or made against brzEdit as a direct or indirect result of selling Products or performing services to Your specifications causing an infringement or alleged infringement of any proprietary rights of any third party. This indemnification obligation does not apply to consumers.
brzEdit can suspend delivery of Products, or terminate this agreement, in case any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress or execution, or if You become insolvent or are reasonably deemed unable to pay Your debts as they fall due, or anything analogous to the foregoing occurs. brzEdit can terminate Your order by a written notice sent to You by email or fax.
9. Title to Products
9.1 The title to the Products will pass to You when brzEdit has received full payment for value of the price of the Products (including interest or other payment due for the Products).
9.2 If You are a consumer You shall not resell the Products until title therein has passed to You. If You do not fulfill Your payment obligations, brzEdit may repossess and resell any such Products, and You hereby grant brzEdit or its agents an irrevocable right to enter Your premises for this purpose, prior notification hereof will be provided to You.
10.1 You are responsible upon delivery for verifying that Products delivered by brzEdit are in accordance with the agreed specifications with respect to apparent defects, including short deliveries.
10.2 You must notify brzEdit of any such defect or short delivery in writing within 15 (fifteen) days of delivery.
10.3 In case the delivery is made by the manufacturer, owner or distributor of the Product You will address Your complaint to that party, or to brzEdit, who will pass Your complaint to that party. That party shall resolve Your complaint in accordance with the applicable complaint policy, which may differ from Avangate's complaint policy.