Information and Terms for Customers
1. ABOUT FLUENDO
This e-commerce website (being any website that publishes these conditions) is run by Fluendo S.A.
Av. Diagonal 579, Floor 8
08014 Barcelona, Spain.
VAT No. ES A-64001217
Business Registration: Barcelona Commercial Registry: Book 38000; File: 193; Record: 1: Dated April 6th, 2006.
Tel: +34 93 522 01 12
2. FLUENDO PRODUCTS
Through this website you may purchase downloadable software products and associated support of Fluendo. You will be able to download your purchased product by clicking on the download link available on your "my account" page, after you have paid the corresponding price.
The download link will remain active during the support period that you have purchased with the product, or any subsequent support period that you may purchase separately, at or before the expiry of the previous support period.
3. TERM AND TERMINATION OF YOUR ACCOUNT
These Terms regulate your account and any purchases made through this account. They are effective as of the date you register for your account, and shall remain active until you or we cancel your account.
You may terminate your account at any time, but will not be entitled to refund for any payment made.
Termination of your account does not terminate your license to use any Fluendo software product you may have purchased, however you will receive no further support.
We may terminate any accounts that are inactive (with no support and no further products purchased) for more than one year. We will provide notice to your indicated email address of our intention to terminate, and you can prevent this termination just by replying to our email.
4. PRICE AND PAYMENTS
The prices for our products are indicated on the website and are, unless indicated otherwise, inclusive of VAT at the rate applicable in Spain at the time of your purchase.
There will be no shipping costs as the product is available for download online and will not be provided to you on any tangible medium.
Payments are made either via PayPal or credit card through our partners’ payment gateway or payment service providers. We do not control the finalization of the payment process, and will complete the transaction as soon as our partner payment gateway or payment service provider confirms the payment was duly processed by them.
5. PURCHASE PROCESS
After selection of the product, you will be redirected to your purchase order on ‘My Cart” page. This page will provide you with a summary of you purchase for you to review prior to selecting your payment method and checking out.
Upon checking out, you will be asked to log into your account, or if you do not have an account, you will have to create one and accept our software license agreement (EULA) in order to continue with the purchase.
Once you have logged into your account, you will have the opportunity to change your invoicing details and enter any discount or promo codes. Note that you may only enter one code per transaction.
We will provide you with the opportunity to review and modify the information you have entered prior to proceeding with payment.
Upon confirmation of your payment from our partners, you will receive a confirmation email indicating the product you have purchased, the price you have paid, a link to download the product, a link to these Terms, as well as our data protection notice and the EULA that you accepted upon registering to this website and which forms part of these Terms.
You will also be able to download the software you have purchased via the download link shown in your account.
If you have subscribed to a recurrent service (monthly subscription), we will charge you the correspondent amount to the credit card or Paypal account that you indicated during the purchasing process. This payment will be automatically deducted unless you clearly state your desire to cancel your subscription via the adequate means.
We make no guarantees or warranties of any kind except where required to do so by applicable law. European consumers purchasing the product for private domestic use are only provided with a two-year warranty, independent from the support period set out herein, that the product conforms to the specifications set out on the website.
7. RIGHT OF WITHDRAWAL AND REFUNDS
As soon as you have completed the purchase process, we will grant you access to the link to download the product and you will not be entitled to exercise any statutory right of withdrawal.
However, if you believe you have made a mistake, you have 24 hours from the moment you have purchased the product, to request a refund, which will be reimbursed as credit on your account, after contacting us by email. Note that refunds will only be available if it can be shown from our records that the corresponding software product has not yet been downloaded.
We will provide technical support on the product or products for the time period that you are subscribing to (for example, if you buy a one-year subscription, we will assist you during the year that your license is valid) Once this period is over, Fluendo reserves the right to provide support.
Support terms are set out on each product page, e.g. at http://www.fluendo.com/en/products/multimedia/oneplay-codec-pack/#support or at http://longomatch.com/en/support/ or at http://riftanalyst.com/en/support .
Support is provided remotely through our online portal.
In the event that we terminate your account prior to the renewal date, and provided you have purchased more than the (free) first year of support, we will provide you with a pro-rata refund of the extra fees paid for extended support period only.
9. PERSONAL DATA
We collect and process your personal data in accordance with our data protection notice.
English and Spanish are the only available languages during the purchase process. However, our sales personnel may correspond with you in Spanish and French. In the event of any conflict the English terms prevail.
These Terms are subject to Spanish law, and any dispute must be submitted to the courts of Barcelona, Spain, without prejudice to European Union consumer rights to bring action in the courts of their domicile. European consumers may also submit disputes online to an alternative Dispute Resolution (ADR) entity via the European Online Dispute Resolution Platform available athttp://ec.europa.eu/consumers/odr/ .
COPIES OF OUR TERMS
Note that you may access, download and print both these Terms and our EULA at any time from the corresponding links at the bottom of each page of the Fluendo website at www.fluendo.com.