General Terms of Service

The following terms apply to all services and products sold to consumers on present www.aida64.co.uk website by ABSEIRA Ltd. (seat and central place of operation and central place of customer service: 1106 Budapest, Örs vezér tere 25. C ép. 4. em., registered under company no.: 01-09-947083 by the Budapest-Capital Regional Court as Company Registry Court, tax no.: 22971074-2-42, telephone no.: +36-30-933-4002, www.aida64.co.uk, e-mail address: sales@abseira.com, hereinafter: ABSEIRA). „You” or „Your” refers to the person who has placed an order for the purchase of the Products on the website. The Products may only be ordered electronically on the present www.aida64.co.uk website („Website”).

If You are a reseller then this contract does not apply to You.

Please carefully read these General Terms of Service! By placing an order on the Website You agree to present contract under the conditions described herein. The present contract does not affect the rights and entitlements that You enjoy as a consumer. Present contractual terms are only applicable for sales in the territory of Hungary! This contract does not contain any reference to any code of conduct.

The present contract is regarded a distance contract concluded between the parties in accordance with Government Act  45/2014 (II.26.) on the detailed regulation of distance contracts concluded between consumers and undertakings, for which contract Hungarian law shall be applicable; the language of the contract is Hungarian.

1. Order and payment methods

1.1. On the site aida64.co.uk it is possible to purchase or extend license rights for the downloading of AIDA64 software for a period of at least one year (12 months). Registration is not necessary for purchasing.

The purchase is made on the website www.aida64.co.uk. If you are purchasing an AIDA64 product for the first time or if you wish to renew or expand your close-to-expiry or expired license you will have to click on the Shop for personal/business purposes on the page https://www.aida64.co.uk/aida64-prices.

 

1.2. On the website you may pay trough the secure payment system of PayPal with a bank card or using a PayPal account, furthermore in cases of business products by preliminary bank transfer.

If You settle the purchase price of the product at the time of placing the order the electronic license and the electronic receipt will be sent to Your e-mail address within a few minutes.

In the case of preliminary bank transfer, after placing the order we will send you a pro forma invoice by e-mail with the sequential number to which You need to refer to in order to transfer the amount to our bank account. Your order will only be executed after the purchase price has been received.

If You are purchasing AIDA64 Network Audit or AIDA64 Business product(s) with a preliminary bank transfer, then along with the pro forma invoice we will send You a 30-day valid so-called test license, so you can start using the selected product immediately. You shall receive the purchased permanent license after the transfer of the purchase price has been completed: with the issued product key you can convert the test product into a full product.

After the receipt of the transfer or payment by bank card or payment from a PayPal account – which doesn’t require further financial settlement – our invoice will be printed according to the order and sent via post or via e-mail in a PDF format which after printing is authentic without a seal and signature in accordance with Section 169 of Act 127 on value added tax. In all cases our invoice will be issued for the end user specified in the order.

It is important to know that when applying for a discount the invoice will be issued for the license owner who applied for the discount thus if You apply for student discount the invoice and the licence letter will be issued for the owner of the student ID.

 

1.3. The Product Order electronically submitted by You constitutes Your offer towards ABSEIRA for the purchase of the Products in accordance with present Terms.

Following the placement of your order our Company will send an electronic message to Your specified e-mail address. After this You will have to confirm the order without which the order shall not be recorded in the system of ABSEIRA.

Acceptance of Your order by ABSEIRA becomes effective when we send confirmation of Your Product Purchase to Your specified e-mail address.

 

1.4. After placing Your order we will send an electronic message to the e-mail address provided by You and You may finalize Your order by clicking on the link found in the e-mail. This step is necessary in order to protect Your interests, because this way no other persons may place orders using Your e-mail address. In case of a lack of confirmation Your order will not be recorded in our system.

The order will be executed immediately after confirmation and payment i.e. we will send our license letter containing the codes necessary for the use of the product to the e-mail address provided in the order.

ABSEIRA’s above-mentioned electronic contract is a written contract registered by ABSEIRA furthermore one copy is archived as well in order for the Parties’ intention to be retrievable.

 

1.5. With any further questions about Your order the colleagues of ABSEAIRA are at your disposal at the address sales@abseira.com and at the phone number +36-30-933-4002 from 9:00 to 16:00 hours Monday through Thursday and from 9:00 to 13:00 on Fridays.

 

2. Prices and payment conditions

2.1. Prices of the products are those that are valid at the time of placing the order indicated on the page www,aida64.co.uk and found on the order confirmation page unless otherwise specifically agreed. The prices of the products are indicated on the website https://www.aida64.co.uk/aida64-prices.

 

2.2. ABSEIRA reserves the right to revoke any discounts and/or modify any Product’s purchase price on the Website at any time before acceptance of the order. The documents required for the discount are to be filled out using the customer’s form of ABSEIRA’s webshop; without filling out the form no discounts may be used. Upon entry into force of present General Terms of Service the following discounts may apply:

 

Discounts for individuals

From the prices of AIDA64 Extreme and AIDA64 Engineer we provide a 50% discount if the customer/buyer has an active student status. In order to dispose of a discount order you will have to upload a copy of the front and back sheet of your student ID or other documentary evidence of the student legal relationship so that we may verify the eligibility of the discount. You may upload the entitlement documents by using the order sheet at the time of placing the order.

The eligibility for the discount shall be justified at the time of placing the order. After completing the order we will not be able to validate the discount.

In the case of a discount the license and the invoice can only be issued for the authorized individual. During the validity of the license the license may be used regardless of the student ID’s expiry, however the discount can no longer be used when renewing the license.

 

Discounts for educational institutions

From the prices of the business products AIDA64 Engineer, AIDA64 Network Audit and AIDA64 Business we provide a 50% discount for educational institutions.

If the name of the institution refers to the educational activity (kindergarten, school etc.) there is no need to justify eligibility. In other cases You will have to upload the following documents at the time of placing an order in order to justify eligibility:

Founding Decree or Statutes
Court decree or other document that justifies the registration by the authorities

The eligibility for the discount shall be justified at the time of placing the order. After completing the order we will not be able to validate the discount.

The discount may not be applicable for employees of educational establishments (for example: teachers, other staff etc.).

 

2.3. Payment of the Product’s purchase price may only be carried out by using one of the payment options provided on the Website. The purchase price of the product is indicated on our website and on the order confirmation page, apart from this You will not be charged any other costs.

 

2.4. Rules on rounding: we kindly ask You to strive for payment of the exact amount when settling our pro forma invoice via transfer. The handling of margins based on financially inaccurately settled invoices – due to extremely high bank transaction costs - is the following: the overpayment under HUF 1.000,- is treated as a rounding difference, overpayment exceeding HUF 1.000,- is returned via transfer after deduction of the respective transfer costs.

We do not have the means of rounding the amount of invoices that are not fully settled according to the balance, until full financial settlement the invoice shall be considered as unpaid.

3. Cancellation of the order, withdrawal, complaint-handling

3.1. Unless You and ABSEIRA have agreed upon otherwise, ABSEIRA will execute the contract i.e. the license code related to the ordered product will be sent to You and the product will be made available for use for the time determined by You.

You have the right to withdraw from the contract without justification within 14 working days.

Likewise, in the case of a service contract if execution of the service has begun You are entitled to terminate the contract without justification within 14 days.

If you wish to practice Your right of withdrawal/termination You must send a clear statement of your intention to withdraw from/terminate the contract by mail to the address ABSEIRA Ltd. - 1106 Budapest, Örs vezér tere 25. C ép. 4. em. or via electronic letter to the following e-mail address sales@abseira.com.

For this purpose You may also use the following withdrawal/termination template as well. Should You decide so we will confirm the receipt of the withdrawal/termination without undue delay via electronic letter.

 

Withdrawal/Termination template (only print and return the filled out template to ABSEIRA Ltd. if You intend to withdraw from/terminate the contract!)

„Undersigned hereby declare, that I/we wish to exercise my/our right of withdrawal from/termination of the contract concluded for the provision of the below services:

 

Date of concluding the contract/date of receipt:

My bank account number where I ask the purchase price to be refunded:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (solely in cases of submission on paper)

Signed”

 

You exercise the right of withdrawal/termination within the deadline if you send the withdrawal/termination notice within the above mentioned time period.

 

3.2. Legal effects of withdrawal/termination

If you withdraw from this contract we will refund all contributions i.e. the purchase price paid by You without undue delay but not later than within 14 days following the receipt of Your withdrawal notice.

 

3.3. If You have requested that the service be executed during the notice period, in case of termination ABSEIRA is entitled to charge the amount due for the provision of services proportionately up until the date if termination of the contract. Similarly, we will refund the part of the consideration provided by You that exceeds the value of the service we have provided thus far.

 

3.4. In the event of withdrawal or termination the previously sent license codes will be invalidated and the invoice will be rectified.

 

3.5. Complaint-handling

If You may have any questions regarding the installation, operation of the software, prices or purchasing, You may contact us in the following ways:

Via e-mail: using the address sales@abseira.com (we will answer within 48 hours)

Via phone: using the number +36-30-933-4002 (Monday to Thursday between 9:00 and 16:00, on Fridays between 9:00 and 13:00 hours)

4. Data protection

Detailed conditions on data protection are contained in the up-to-date version of the Data Controlling Directives (available at: https://www.aida64.co.uk/privacy-statement).

5. Unauthorized products and brand production

5.1. You may not modify, unbox or dissemble the Product for distribution as a component, transfer or resale or any other purposes. Without the clear express permission of ABSEIRA it is strictly forbidden to separate the product key from the associated software and to transfer the product key to any third party for any purpose.

The codes found in the license letter cannot be transferred to any third parties.

 

5.2. AIDA64 software in Hungary can be obtained from our Company or from our contractual partner Resellers. If our Company has reasonable grounds for suspecting that the product has been purchased on any unauthorized basis, our Company is not obliged to provide technical support or any customer support or to authorize further subscription.

In the first case, Products shall be purchased from out Company (or as appropriate from the official partners of ABSEIRA). If according to the established opinion of our Company a Product has been fraudulently obtained from our Company (or as appropriate from any official partner of ABSEIRA) using a credit card or any other unauthorized device ABSEIRA will not be obliged to provide customer service or any support or to authorize further subscription for the Product.

 

5.3. At its sole discretion ABSEIRA reserves the right to disable the subscription of any Product acquired by using any unauthorized device.

6. Other important information

 

6.1. ABSEIRA warrants that the Products are made available with reasonable care and expertise within a reasonable time and essentially as described in present Contract. ABSEIRA makes no other promises and does not warrant anything else regarding the essential properties of the Products.

 

6.2. Limitation of liability

ABSEIRA will compensate You for any losses or damages arising from the fact that ABSEIRA has failed to fulfil its obligations under present contract or any other statutory obligations unless the default can be attributed to (i) Your own fault; (ii) a third party not related to the performance of this Contract; or (iii) an event that ABSEIRA could not anticipate or prevent with due care.

ABSEIRA is not responsible for any indirect losses incurred as a side effect of the main loss or damage and which are unpredictable by You and us (such as loss of profit or loss of opportunity) and ABSEIRA is in no event responsible for any of the business-related losses such as loss of data, loss of profit or interruption of business or any incompatibility with any other manufacturer’s software used by the Client. ABSEIRA does not exclude its liability for death or personal injury caused by its negligence and does not exclude any other liability for which exclusion is prohibited by law.

 

6.3. Warranty

On the basis of a contract in which the parties have an obligation to provide mutual services the debtor shall warrant for faulty performance.

 

Based on the right of warranty the right holder might:

a.) ask for repair or replacement unless the fulfilment of the chosen warranty claim is impossible or if it – compared to the fulfilment of other warranty claims – would result in additional disproportional costs for the debtor taking into account the value of the service without error, the size of the breach and the lost interest of the right holder arisen from the performance of the warranty obligation; or

b.) may ask for the proportionate reduction of remuneration, correct the error himself or with the help of a third party at the debtor’s expense, or withdraw from the contract if the debtor does not undertake the obligation of repair or replacement, cannot fulfil this obligation or if the right holder’s interest for repair or replacement has ceased.

There is no place for a withdrawal based in insignificant error.

Repair or replacement should be carried out within a reasonable time taking into account the nature of the product and the intended purpose of it as rightfully anticipated by the right holder.

 

6.4.

In which cases can You practice the right of warranty?

In the event of a faulty performance of ABSEIRA you may practice the right of warranty according to the regulations of the Civil Code of Hungary („Ptk.”). Regulations of Ptk. have been described a paragraph above.

 

What rights are You entitled to in accordance with warranty claims?

You may – by your choice – have the following warranty claims:

You may ask for repair or replacement unless the performance of the chosen claim is impossible or it is – compared to the fulfilment of other claims – would result in additional disproportional costs for the debtor. If You have not requested a repair or replacement You may request proportional reduction of remuneration or you may repair or appoint a third party to repair the product at the expense of the company – as a last resort – you may withdraw from the contract as well.

You may switch from the chose warranty right to another however in such cases You shall bear the costs of switching unless it was justified or the reason behind it was provided by the business.

 

What is the deadline in which You may practice a warranty claim?

You are obliged to report the faulty performance immediately after discovery but not later than within two months of discovering the error. At the same time please note that You will no longer be able to enforce your warranty claim following the two-year limitation period.

 

Against whom can you enforce Your warranty claim?

You may enforce Your warranty claims against ABSEIRA.

 

What are the further conditions of Your warranty right enforcement?

Within six month from the date of delivery apart from the notification on warranty claims there are no further obligations if You verify that the faulty product or service has been provided by ABSEIRA. However after six months from the date of delivery You are required to prove that the defect detected by You has already occurred at the time of delivery.

 

6.5.

Product warranty

 

In which cases can You practice the right of product warranty?

In the case of a defect in goods (product) You may – at your choice – practice warranty or product warranty rights.

 

What rights are You entitled to in accordance with product warranty claims?

As a product warranty claim You may only as for repair or replacement of the faulty product.

In what cases is the product considered to be defective?

The product is defective if it does not meet the quality requirements in force when it is placed on the market or if it does not have the features specified by the manufacturer in the description.

 

What is the deadline for practicing the right of product warranty?

You may practice Your product warranty claim within two years of the product being placed on the market by the manufacturer. After the expiration of the deadline You will lose this right.

 

Against whom and with what further conditions can You practice Your right of product warranty?

You may only practice product warranty claims against the manufacturer or distributor of the product. You must prove the defect of the product when claiming product warranty.

 

6.6. Force Major

ABSEIRA shall not be responsible for the failure of performance if it is due to unforeseen circumstances or caused beyond the reasonable control of ABSEIRA including – but not limited to – acts of superior authority, war, rebellion, embargoes, acts of civilian or military authorities, fires, floods, accidents, strikes, labour disputes or transport-, installation-, fuel-, energy-, labour- or material shortages. For any such delay ABSEIRA may be exempted from performance to a degree where it is delayed or obstructed for such reasons.

 

7. Contact details of supervisory authorities

 

Ministry of National[HSG1]  Development

Address: 1011 Budapest, Fő utca 44-50.

Mailing address: 1440 Budapest, Pf. 1.

Phone number: 06 (1) 795 1700

Website: www.nfh.hu

 

furthermore the Consumer Protection Inspectorate of competent Government Office

Hungarian Competition Authority

Address: 1054 Budapest, Alkotmány u. 5.

Phone number: 06 (1) 472 8900

Website: www.gvh.hu

8. Final provisions

In matters not regulated herein the Hungarian Civil Code, Government Act 45/2014 (II.26.), furthermore Act 108 of 2001 on the provisions of consumer protection shall prevail.

 

Budapest, 2 May 2018