AKTS Online Shop General Conditions

1. Definitions
Conditions: The present General Conditions.
Client: Physical or judicial person that purchases or agrees to purchase AKTS SA Products and/or Services.
AKTS SA: Company identified on the invoice, supplier of the softwares and services offered at the present online store.
Order Confirmation: Acceptance page that displays after the submission of the order form.
Price: Total amount that the client should pay AKTS SA for Products and Services.
Product: All goods (including software and service) available on the AKTS SA store website.
Services: General support given by AKTS SA (Training class or updates, etc.)
Software: Any computer applications created by AKTS SA, or whose ownership or license belongs to or have been assigned to AKTS SA.

2. Application ambit
2.1 These conditions will apply to all those buying contracts of Softwares and Services between AKTS SA and its clients.
2.2 All Products orders will be considered as client’s offer to purchase such Products subject to the present General Conditions.
2.3 AKTS SA accepts the client's purchase offer subjects to these Conditions through an Order Confirmation page just after the submission of the order form. The Client will be held responsible for the Order Confirmation verification. AKTS SA will proceed to create and deliver the Product according to the Order Confirmation.

3. Price and Payment terms.
3.1 The price that Client has to pay is the one stated on the Order Confirmation page and on the invoice sent by E-Mail.
3.2 The payment should be done immediately after the order confirmation via the provided online payment page.
3.3 If payment has not been received immediately, AKTS SA will cancel the purchasing process. If AKTS SA should proceed to recuperate the amount due as a consequence of what's stated above, the expenses will go on the Client's account.
3.4. If purchase is made from Switzerland, the Country of Purchase on the shop page must be selected as Switzerland. Swiss VAT is therefore included in the total price. For the rest of the world: taxes, value-added or any other governmental charges imposed are at the charge of the user.

4. Delivery
4.1 When client pay by credit card, the order will be processed immediately. Products are available electronically generally ready for download immediately, or no more than 48 hours after the payment.
4.2 For Service product, client will be contacted within seven working days, in order to define further actions.

5. Acceptance and Return Rights
5.1 Before placing an order, the client should read carefully the software use license listed below than accept it.
5.2 For demands of return, the general conditions of VISA and MASTERCARD are applied.
5.3 For Training Class Service product, after the payment AKTS SA has rights to refuse such purchase for geographic reasons. Client will be notified within seven days and the related amount will be refunded immediately.

6. Guarantees
6.1 As long as the client’s computer falls within the recommended system requirements AKTS SA guarantees that the software will be compatible. Whether it conflicts with a third party extension, driver or application, AKTS SA will help to resolve the issue. In fact, any client can download a demo version of any of our products from http://www.akts.com/akts-thermokinetics-overview.html, to see if it runs on your computer before you send an order.

7. Force Majeure
None of the parts will be held responsible for breach of contract due to circumstances that escape their reasonable control (act of god), including the following as solely enunciative: strikes, terrorist acts, wars, transport problems, production or supplies, exchange rate fluctuation, government actions, legislative changes or natural disasters. In these cases or in similar ones, the parties will be given a reasonable overtime period to fulfill their obligations. However, if this circumstance lasted longer than 60 days, any party has the right to terminate without any previous compensation, previously notifying it on a written document.

8. Responsibility
AKTS SA will not be responsible for:
(i) losses as a result of any defect in the Softwares or Services that AKTS SA has solved in a reasonable period;
(ii) indirect losses such as business losses, income, profits, salaries, savings or data;
(iii) losses that could have been avoided by the Client following the instructions or recommendations reasonably suggested by AKTS SA;
(iv) any loss derived from the Client's incapability to keep security back up copies.

9. Intellectual Property Rights and Software
AKTS SA is the owner of the Intellectual Property Rights of the products marketed through the present online store. Each Client is given a software user license which should be accepted before placing an order, a copy of the license agreement is available through the link below.

10. Data Protection
No credit card information will be stored nor even seen by AKTS SA, we collaborate with Telekurs and Datatrans as online payment solution provider. Every data transmitted concerning the credit card is secured.

11. Confidentiality
All client details will remain private and confidential. AKTS SA will never sell, rent, barter or share client’s details in any way with any other company. All data collected is for AKTS SA internal use only.

12. Yielding
AKTS SA can transfer, yield, or subcontract its duties or rights, fully or partly, to as competent third. The Client can do it only with written consent from AKTS SA.

13. Governing Law and Venue
This Agreement shall be construed and governed in accordance with the laws of Switzerland. Court of competent jurisdiction is in Sion, Valais in Switzerland. A change of Governing Law and Venue is not possible.