Terms and Conditions
PLEASE READ THE EUROSTART™ TERMS AND CONDITIONS BELOW CAREFULLY. BY PLACING AN ORDER ON EUROSTART.COM OR ACCEPTING PRODUCTS SUBJECT TO THIS AGREEMENT, YOU (“YOU” OR “CUSTOMER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT; UNDERSTAND IT; AND THAT YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
The EUROSTART™ Sales Agreement (“Agreement”) is made between you (the “Customer”) and Eurostart Corp., Edmonton, AB Canada (“EUROSTART™”).
Unless there is a different written sales agreement in place between EUROSTART™ and Customer, this Agreement, including associated warranty statements, license agreements, and any applicable attachments, is the sole and complete agreement between Customer and EUROSTART™ regarding the Products purchased by Customer. Any additional or different terms in any order or communication from Customer shall not be binding on EUROSTART™ unless signed by an authorized representative of EUROSTART™.
Products purchased on EUROSTART.com, are for Customer’s own use and not for resale. EUROSTART™ reserves the right to refuse or cancel orders if EUROSTART™ suspects Customer is purchasing Products for the purpose of reselling them.
Customer accepts the terms of this Agreement when ordering online on EUROSTART.com or, when ordering by any other means, by opening the package containing the product from EUROSTART™. Placing an order on EUROSTART.com or inputting information on EUROSTART.com does not mean EUROSTART™ has accepted an order through its website. EUROSTART™ only accepts Customer’s order by shipping the hardware Product to Customer. Confirmation of receipt of Customer’s order placed on EUROSTART.com shall not mean EUROSTART™ has accepted Customer’s order.
1. Definitions
1.1 Product shall mean any EUROSTART™ branded or third-party hardware or software that EUROSTART™ provides to Customer under this Agreement and related licensed materials such as documentation.
2. Prices, Payment, and Errors
2.1 Customer is responsible for the payment of taxes and import charges. Product shipments originate in Edmonton, Alberta, Canada. Shipments to the United States may incur state taxes and import fees as determined by the Customs Broker and US Customs and Border Protection, and billed to the Customer by the Customs Brokerage department of the shipping carrier selected at checkout. For more information, please refer to the EUROSTART™ Shipping Policy.
2.2 All prices and dollar amounts on this site are in $ CDN dollars unless otherwise noted. EUROSTART™ accepts the following credit cards: VISA, MasterCard, PayPal. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a EUROSTART™ customer service representative if extended processing is required to complete your transaction request through our web site.
2.3 If EUROSTART™ makes an error in pricing information and/or a typographic error on EUROSTART.com or otherwise in any advertisements or in any communications with Customer, EUROSTART™ may nevertheless refuse or cancel an order placed for a Product quoted at such price or described in error, even if EUROSTART™ has confirmed the receipt of Customer’s order or charged Customer’s credit or debit card. If EUROSTART™ has charged Customer’s credit or debit card, EUROSTART™ will issue a credit to Customer’s credit or debit card account in the amount of the charge.
3. Electronically Delivered Software Products and Delivery of Hardware Products.
3.1 In the case of electronically delivered software Products, Customer will receive an email with an activation key and download link. Customer shall be responsible for downloading the software Product and bear risk of loss relating thereto, including the failure of a computer, hard drive, or internet connection. In the case of software provided as a subscription service, EUROSTART shall provide instructions on how to access such services. Internet or other connection charges in connection with the download, access, and use of the software Product shall be Customer’s sole responsibility.
3.2 Where the Customer has ordered hardware Products, the Products shall be delivered to the delivery address specified by the Customer during the purchase process. EUROSTART shall in no way be held responsible for any delivery delays caused by Customer’s error(s) in entering their delivery address, or any other delay caused by circumstances outside EUROSTART’s reasonable control, including without limitation the circumstances described in section 7.3 of this Agreement
4. Returns
Customer may return an eligible Product in its original package to EUROSTART™ for a refund, less a restocking fee of the price paid and any applicable return shipping and handling fees. Customer may only return the entire Product or all such Products for a refund. For purchases from EUROSTART.com, all requests for returns must be submitted within 30 calendar days from the date of invoice.
To request a return, Customer must contact EUROSTART™ to obtain an RMA (Return Merchandise Authorization) number. Any authorized return must include the Product and all accessories in their original packaging. It must be received at the EUROSTART™ Return Center within 21 calendar days of issuance of the RMA. Returns on any other basis may be refused by EUROSTART™. Customer assumes risk of loss and damage for Products returned without an RMA. Upon receipt of your returned Product, EUROSTART™ will issue a credit or refund of the purchase price paid, less any applicable return shipping and handling fees and any applicable restocking fees.
For more information, please refer to the EUROSTART Return Policy.
5. Warranties
5.1 EUROSTART™ hardware Products are warranted in accordance with the EUROSTART™ Limited Warranty accompanying each EUROSTART™ hardware Product or as found at the Warranty page. The EUROSTART™ Limited Warranty applies only to EUROSTART™ hardware Products purchased for Customer’s own use and does not transfer upon resale.
5.2 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EUROSTART™ MAKES NO OTHER WARRANTIES FOR EUROSTART™ HARDWARE PRODUCTS, AND EUROSTART™ MAKES NO WARRANTIES FOR SOFTWARE, SERVICE, SUPPORT OR THIRD-PARTY PRODUCTS. SUCH SOFTWARE, SERVICE, SUPPORT AND PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. THIRD PARTY PROVIDERS OF SOFTWARE, SERVICES, PRODUCTS AND SUPPORT MAY PROVIDE WARRANTIES TO CUSTOMER.
6. Title and Risk of Loss
6.1 EUROSTART™ transfers title to hardware Products to Customer upon delivery to EUROSTART™’s designated carrier shipping the Products to Customer. EUROSTART™ does not transfer title to Programs.
6.2 EUROSTART™ shall bear the risk of loss or damage to hardware Products until they are delivered to EUROSTART™’s designated carrier for shipment to Customer. Thereafter, Customer assumes risk of loss or damage. Hardware Products will be covered by insurance, arranged and provided by EUROSTART™ for Customer, covering the period until they are delivered to Customer.
7. General
7.1 Customer Information. EUROSTART™ and its affiliates may store, use, and process personal information about Customer, including name, phone numbers, addresses, and e-mail addresses, necessary to perform under this Agreement, including but not limited to providing warranty service. EUROSTART™ will process Customer Information consistent with the EUROSTART™ website and product privacy statements available at the Privacy Policy page and, as applicable, any privacy statements designed for a particular EUROSTART™ Product or Service purchased by Customer.
7.2 LIMITATION OF LIABILITY. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EUROSTART™ SHALL NOT BE LIABLE TO CUSTOMER FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 4) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EUROSTART™ SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT OR SERVICE.
7.3 Force Majeure. EUROSTART™ shall not be liable to Customer for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions, or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of EUROSTART™.
7.4 Product Changes. EUROSTART™ may change or discontinue Products at any time. In such event, EUROSTART™ may fulfill Customer’s order with a Product that has substantially the same functionality and performance as the Product ordered by Customer.
7.5 Export. All Products purchased under this Agreement are only for use in Canada and the United States of America and are subject to the export regulations. Customer shall comply with all applicable export regulations.
7.6 Governing Law. This Agreement and all orders for Products and Services subject to this Agreement shall be governed by the laws of the province of Alberta, without regard to its conflict of law principles. Neither You nor EUROSTART™ may bring an action arising out of or related to this Sales Agreement more than two (2) years after the cause of action arose.
7.7 Choice of venue. You agree that any legal action or proceeding between you and EUROSTART™ arising out of this Agreement shall be brought exclusively in the courts located in the city of Edmonton, in the province of Alberta, Canada.