GENERAL SALE CONDITIONS
ART. 1: DEFINITION OF THE CONTRACT
These terms of sale, as detailed below (hereinafter referred to as the "General conditions"), define the contractual relationship between the User (hereinafter referred to as the "User" or "Users”) and Poker Defender Sarl c/o Claude Mittaz based in Route du Golf 53 - 3963 Crans-Montana – Switzerland (hereinafter referred to as "Poker Defender").
These general terms and conditions are the only ones that apply and supersede any other agreement, except in case of expressed dispensations, notified in writing. However Poker Defender could be invited to modify some of the provisions included in the General conditions; Users are therefore invited to review them before making purchases from the site. With respect to amendments, any dispute can be made from their online publishing date; however, not having the same retroactive value, they may not be applied to contracts entered before that date. Purchases from the site are governed by terms and conditions in force at the date of the order and users, validating their order, declare to review and to accept them without any reserve. By accessing the site, users agree to respect the general terms and conditions of use therein.
ART. 2: PRICES
the price indicated on the site is expressed in euro and is VAT included, except where specified. For complete info, Users from the European Union and other extra EU States will find the price expressed in Euros. Poker Defender also reserves the right to change the prices of its products but undertakes to apply tariffs that Users have found on the site at the time of the order.
ART. 3: ORDERS
orders must be delivered exclusively through the Internet or through affiliate sites and/or e-commerce sites managed by Poker Defender. Access to the service is permanent and continuous, except during periods of maintenance, while updating the server and/or in case of any network service interruptions. After making payment, the user may download the software containing the download link. To activate the license of Poker Defender, after the set-up of the software, the user must enter in the appropriate spaces, his email address and the order number received at the acceptance of the order. The user has 14 (fourteen) days to download and activate the product, after which, the download operation will no longer be possible if not directly contacting the assistance service by filling in the form on the website www.pokerdefender.it
ART. 4: CONFIRMATION
by submitting his order, the User acknowledges that he has read and accepted the general conditions of sale. The order confirmation must therefore be considered as full acceptance of the general conditions. Unless proven otherwise, the information recorded by Poker Defender constitutes proof of all transactions entered by the same Poker Defender and its customers.
ART. 5: AVAILABILITY
our product offerings and prices relating thereto, shall be valid until they remain visible on the site. The transmitting time of estimated data for product transferring is purely indicative; therefore, any delay, does not authorize the buyer to cancel the sale, to refuse the goods and/or claim compensation for possible and not specified damage. In case of non-conformity and/or missing items upon delivery of a product, whether it occurred through postal delivery or by download, any claim must be submitted within and no later than 7 (seven) days of product downloading. In the event that an item is unavailable after receiving an order, Poker Defender undertakes to inform the customer by e-mail.
ART. 6: EXCLUDING VAT
Any product, electronically delivered from an EU Member country to a private, also resident in the European Union, will be automatically subject to VAT of the issuing country, in this case Switzerland. Non-EU customers will be invoiced excluding VAT. If they wish to receive invoices excluding VAT, the enterprises of the member countries of the European Union, dealing with a partner member of the EU (and yet different from the country of residence) will be required to provide their intra-community VAT number.
ART. 7: SAFE PAYMENTS
Poker Defender offers different payment methods to its users: credit card (Visa, Mastercard, American Express, Dinners) and PayPal. Concerning payment through credit card, it will be charged upon order shipment and upon receipt of authorization to withdraw from the account, issued by the competent payment centers, in absence of which the order will not be processed. To date, our partners provide all the functions that are necessary to safely manage the acquisition and payments over the Internet. The integrity of information transmitted during transactions is ensured by procedures of exchange and message encryption through SSL and SET protocols.
ART. 8: RIGHT OF WITHDRAWAL
Users of Poker Defender will revoke their orders and return the goods within 7 (seven) days from the date of delivery. In such case, the user agrees to destroy/delete copies in his possession of the software purchased and downloaded/installed on his hard disk. Under no circumstances, however, a product can be refunded without having informed Poker Defender. If the customer has exercised his right of withdrawal within the allowed time, Poker Defender undertakes to arrange the refund of the full amount of the purchase, as soon as possible and in any event, within maximum 30 days from the date of the right of withdrawal.
ART. 9: RESPONSIBILITY
this agreement is governed by Swiss law. Poker Defender shall not be liable for non-performance of a contract already completed in case of force majeure, or in case of particularly serious events and/or in case of strikes, partial and/or total, postal services and transport and/or communication, nor in the event of the customer's fault. Poker Defender shall not be liable for the consequences resulting from misuse by the user of the products sold on the site.
ART. 10: DISPUTES– APPLICABLE LAW
this agreement, drawn up in the Italian language, will be governed by the legislation in force in the European Community. In case of disputes with private individuals, professionals and/or traders, the Court where Poker Defender Sarl has its seat will be the competent legal body, without prejudice for Poker Defender Sarl, to contact for the same dispute any other jurisdiction to the extent permitted by law.
ART. 11: PROTECTION OF PERSONAL DATA
information submitted by users is essential to process and forward received orders, as well as the preparation of invoices and contracts, the absence of which would result in the order’s cancellation. By entering their credentials on the site, users agree to provide truthful and reliable information to Poker Defender. Please note therefore that the communication of false information is explicitly contrary to these general conditions of sale and the terms of use on this site. In accordance with the provisions of European legislation regarding data protection and national legislation in force (art. 34 of the above-mentioned law 78-17 of January 6th, 1978) at any time users can access, modify and delete their personal information. To exercise this right, the user will be required to submit a written request by registered letter to:
Poker Defender sarl
c/o Claude Mittaz
Route du Golf 53
3963 Crans-Montana
Switzerland
Poker Defender is the only holder of information about users. If the user has given explicit consent during his subscriptionon the site, Poker Defender and its partners will be allowed to submit communications in the context of promotional operations. These partners were chosen specifically by Defender Poker and are renowned for the quality of their products and services.
ART. 12: USAGE RIGHTS
all software sold on Defender Poker site are protected by the legislation and international treaties in force and are related to copyright and the protection of intellectual property. The sale of such software does not imply, in any case, the assignment of the rights of reproduction, representation, exploitation and also excludes any immaterial right, already recognized or to be recognized to the rightful owners of such intellectual creation. Therefore, the buyer shall be entitled to install and use a single copy of the program on a single computer. However the buyer has the freedom to make on his behalf a spare copy for file needs.