Acceptance
of Terms:
When you access this
site, you acknowledge that you have read and agree to the terms described
below.
If you do not agree
to the terms discussed here, you should exit the site and refrain from placing
any order.
These terms of use
are a legal agreement between us and describe the terms and conditions
applicable to your use of our website and the services we offer including the
sale of products to consumers.
You must read, agree
with and accept all of the terms and conditions contained in this agreement
and our Privacy Policy.
This agreement
includes those terms and conditions expressly set out below and those
incorporated by reference.
We strongly
recommend that you also access and read any other information contained on
other pages or websites referred to in this agreement, as they may contain
further terms and conditions that apply to you.
It is your
responsibility to make sure that your order contains acceptable and approved
items for import into the country of destination/delivery.
Your
Conduct and Use Limitation:
You shall not carry
out any act or omission or procure any act or omission which would:
- Disrupt, impair or
interfere with, alter or modify this website or its software;
- Act in a way that
affects or reflects negatively on us or anyone else;
- Collect or attempt
to collect any information from others including, without limitation,
personally identifiable information, without such party's prior consent;
- Engage in any
activities in such a manner as to expose Radical Solution or any third
party to liability or adversely affecting the name, reputation or business
of us or any such third party;
- Commit a crime or
in the course of committing a crime or for an unlawful purpose to do any
act that may damage the network or systems or cause the quality of
Softmobile.net to be impaired;
- Violating or
attempting to violate the security of the website;
- Cause any illegal,
offensive, defamatory material to be placed on or associated with this
website;
- Be in breach of
any copyright, trade mark, privacy, confidence, or any other third party
right;
- Cause any
inconvenience to Radical Solution, its employees, servants, agents,
software and other suppliers or any other third party (including, without
limitation, creating or procuring software viruses, chain letters,
unsolicited communications and 'spam').
NOTE:
Violations of system
or network security may result in civil or criminal liability.
Back
Orders:
Occasionally, one of
the products you have ordered may be out of stock. If this happens, you will
always be emailed with the option for you to cancel your order or change your
order should you prefer not to wait.
You must therefore
provide us with your e-mail address when ordering. If you decide to wait for
an order, please be aware that you may have to wait longer than the delivery
schedule times stated above.
Changes
to Products:
Radical Solution may
make changes to any products offered at Softmobile.net, or to the applicable
prices for any such products, at any time, without notice.
The information
provided at Softmobile.net with respect to products may be out of date and
Radical Solution makes no commitment to update the information provided at
Softmobile.net with respect to such products.
Changes
to the Softmobile.net Terms and Conditions:
Please check our
Terms of Use periodically for changes as we reserve the right to change the
terms and conditions of sale at anytime.
Custom
Rights:
The customer who
purchases the products is responsible for paying these customs rights, and of
the possible paperwork involved.
The price of the
products sold is in EUR and it doesn't include taxes (VAT).
Customers are
required to keep close track on their packages. If there is any delay in
receiving a package, you will need to contact the designated courier services
agency or immediately inform Radical Solution in order to ascertain the reason
for the delay.
We will not be
responsible or liable if the package is shipped back to us, damaged or
confiscated due to problems with custom clearance. Therefore, please check
with your country's custom for their specific custom laws. We will not be
responsible or liable for damaged packages or those shipped back to us in the
event that the designated courier service fail after several attempts to
deliver your package(s) due to your absence to collect the package(s) from the
given destination address. The responsibility of the seller stops when the
product has been shipped off to the address specified by the customer.
It is clear however,
that we will do our best to help you in getting your product out of customs if
additional proof of sale or of value is needed.
Credit
Card Security:
We know of no
documented cases of credit card fraud using our shopping system over the
Internet.
All credit card
numbers are encrypted in the software when the order is placed using 128 bit
encryption on www.Moneybookers.com.
They are not held in
clear text on any web site. We process payment by credit card through www.Moneybookers.com
We never ask you for
your credit card details.
We does not collect
or store any credit card details on our site.
Currency:
We currently only
accept EURO as the official currency for all calculations.
Delivery
via courier:
We shall endeavor to
deliver your order within 1- 2 working days upon successful payment
confirmation unless otherwise specify. You should be able to receive your
order within 3-10 business days (excluding Saturday and Sunday) after shipment
date, depending on the shipping courier you have chosen.
Softmobile.net is
committed to ensure that your orders are delivered to you safely and on time.
Therefore only the authorized receiver shall be permitted to accept the
delivery. Please make sure that the authorized receiver is present to make the
authorized signature. Softmobile.net reserve the rights not to release the
delivery in the absence of the authorized receiver.
Softmobile.net is
making every effort to deliver your order within the time stated. However, due
to certain unforeseen circumstances, slight delay in deliveries might occur,
Softmobile.net will not be liable for any loss caused to you by late or
delayed delivery.
In the event if your
package is lost by the shipping courier and your package has not been insured,
we will only replace the lost products with the amount that is declared on the
invoice according to your request.
Delivery
by E-mail:
We shall endeavor to
deliver your order within 1 working days upon successful payment confirmation
unless otherwise specify.
If you does not receive E-mail with confirmation from our sales department
please check your email JUNK or SPAM folder.
Please check your email address twice upon register on Softmobile.net to
exclude any delay in delivery.
Disclaimer:
THIS SITE IS
PROVIDED BY Softmobile.net ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Softmobile.net MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Softmobile.net DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, Softmobile.net DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE Softmobile.net WEB SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED
BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT.
Guarantee:
Every effort is made
to ensure your satisfaction at Softmobile.net. If you are not happy with our
service or product, please contact us and we will do our best to sort out the
problem.
Indemnification:
You agree to defend,
indemnify and hold harmless Softmobile.net and its affiliates from and against
any and all claims, damages, costs and expenses, including attorney's fees,
arising from or related to your use of this site.
Indemnity:
In the event that
you breach any of these terms, you will indemnify and keep indemnified Radical
Solution, its subsidiaries, associated companies, employees, servants, agents,
professional advisors, suppliers and affiliates from time to time against all damages,
losses, claims, costs, charges, awards, orders, judgments and other
liabilities suffered or threatened as a result of a breach of these terms and
conditions.
Laws:
To the extent
permitted by law, all sales at Softmobile.net are governed by Serbia law,
without giving effect to its conflict of law provisions.
Limitation
of Liability:
Softmobile.net is
not liable for any direct, indirect, special, incidental or consequential
damages arising out of the use or the inability to use, the products on this
site. This include but is not limited to the loss of data or loss of profit,
even if Softmobile.net was advised of the possibility of such damages.
Linked
sites:
Softmobile.net may
contain links to other Internet sites ("linked sites").
Softmobile.net does not assume any responsibility or liability for
communications or materials available at such linked sites. These links are
provided merely for your convenience. You are solely responsible for
understanding any terms and conditions that may apply when you visit or place
orders with the linked sites.
Making
A Purchase:
You are never under
any obligation to purchase anything at the online shop, so feel free to browse
the products on sale. If you decide that you would like to purchase a product,
you can do so easily! Simply click on any products that you wish to buy and put
them into the shopping cart. After you have finished with your selection,
click on Checkout and you will be asked for a few details before we proceed to
satisfy your order. It's as simple as that!
Miscellaneous:
- If any of the
aforementioned terms are held to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
terms will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the
remainder of the terms shall continue in effect;
- Radical Solution's
failure to insist on or enforce strict performance of these terms shall
not be construed as a waiver by Radical Solution of any provision or any
right it has to enforce these terms, nor shall any course of conduct
between Radical Solution and you or any other party be deemed to modify
any provision of these terms.
Missing
Item:
You are required to
report missing item in your package within 24 hours after you have received
the package. We will not entertain any request if more than 24 hours after you
have received the package.
Modification:
Radical Solution
reserves the right to do any of the following, at any time, without notice:
- To modify, suspend
or terminate operation of or access to Softmobile.net, or to any portion
of Softmobile.net, for any reason whatsoever;
- To interrupt the
operation of Softmobile.net, or any portion of Softmobile.net, as
necessary to perform routine or non-routine maintenance, error correction,
or other changes.
Non-acceptance
of Order:
Order acceptance and
the completion of the contract between you and us will take place on the
dispatch of the Products ordered to you unless we have notified you that we do
not accept your order.
Non-acceptance of an
order may be a result of one of the following:
The product that you
have ordered is unavailable in stock
Our inability to
obtain authorization for your payment
The identification
of a pricing or product description error
Order
Cancellation:
Unless otherwise
specified for particular products, we shall refund you your payment if you
decide to cancel your orders within twenty four (24) hours after your order
has been confirmed and prior to shipment except for the transaction fees
charged by the credit card company which is non refundable.
If you decide to
cancel your orders twenty four (24) hours after your order has been confirmed
and prior to shipment, we shall deduct a minimum of 18% from your payment as
administrative fees in addition to the transaction fees charged by the credit
card company. The balance after deduction of the administrative fees and the
transaction fees will be refunded to you.
ONCE YOUR ORDER HAS
BEEN SHIPPED YOU ARE NOT ABLE TO CANCEL YOUR ORDER. WE WILL NOT REFUND YOUR
PAYMENT EVEN IF YOU RETURN THE PRODUCTS TO US.
