INFORMATION PRIOR TO THE CONTRACTUAL PROCESS
This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (https://www.licenzio.com/) and all commercial transactions for the purchase of products on it, regardless of the application, digital medium, support or device through which it can be accessed. We ask that you carefully read these General Terms and Conditions, Legal Notice and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) before using this website.
If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.
This website https://www.licenzio.com/ belongs as a business unit to the company LICENZIO DIGITAL SOLUTIONS SL, with CIF B87754792, and registered office at Calle sierra del brezo, 6 – bj loc, Madrid, 28031, Madrid, Spain, acting commercially under the brand “LICENZIO”
The General Terms and Conditions regulate the distance relationship between LICENZIO DIGITAL SOLUTIONS SL and the user or client, which has as its object both the provision of information and the commercial relations that arise between LICENZIO and the users or final consumers, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Terms and Conditions of Contract, Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/1996, of April 12, approving the Revised Text of the Intellectual Property Law (specifically articles 95 to 104, relating to computer programs). The regulation contained in this rule is the result of the incorporation into Spanish law of Directive 91/250/EC, of May 14, 1991, on the legal protection of computer programs, created with the purpose of achieving a homogeneous intellectual and industrial property policy in the European Union.
The company LICENZIO DIGITAL SOLUTIONS SL reserves the right to make any changes it deems appropriate, without prior notice, to the General Conditions, without the changes being retroactive.
These changes may be made, through its websites, by any legally admissible means and will be binding for as long as they are published on the website, until they are validly modified by subsequent ones. However, LICENZIO DIGITAL SOLUTIONS SL reserves the right to apply, in certain cases, Specific Contract Conditions with preference to these General Conditions when it deems appropriate, announcing them in a timely and appropriate manner (in writing), not recognizing conditions to the client that produce a conflict, contradict or are not defined in these General Conditions.
These General Conditions apply to the supply of digital content, provision and sale of software licenses (hereinafter, the “Products”) requested through the Website. In the event of any contradiction between these General Conditions and other terms and conditions that may appear in any purchase order, these General Conditions shall prevail.
As a user or customer, you expressly declare that you know, understand and accept the conditions of use and these general contracting conditions. Likewise, you declare that you are of legal age and have the legal capacity and ability to act necessary to access the websites of https://www.licenzio.com/. The contracting, provision and sale of the products will constitute implicit acceptance of these general conditions, available on the Website, so if you do not agree with all the Conditions and with the Privacy and Cookies Policy, you should not use this website.
PURCHASE SOFTWARE LICENSES
To purchase software licenses, the user must enter the website: https://www.licenzio.com/.
To purchase our products, you must go to the corresponding license purchase section and follow the purchase procedure. First, the customer must select the product(s) they wish to purchase and add them to the shopping cart by clicking the “add to cart” button.
Once the product(s) they wish to purchase have been added to the cart, they must click on the shopping cart, and the product(s) contained in the “shopping cart” will be displayed, as well as the total purchase price, and then click the “finalize order” button.
To process the purchase, you must provide the personal data requested to generate the pro forma invoice, which will be downloaded immediately, containing the account number to make the transfer; Once we receive the payment for the purchase, or you have paid by card through the payment gateway, you will receive, within a maximum period of 48-72 hours, the final invoice as well as the legal documentation* relating to the software licenses at the email address provided.
Our only requirement with our clients is that they only install the licenses they previously purchased. Otherwise, they will be solely responsible for that installation.
The reservation of products or their accumulation in the shopping cart without prior payment of the transfer does not generate any right or binding contract. The contract is only perfected once the effective disbursement is made into our account.
In the event that a paid product is not available due to an error by the company, an alternative of equal or higher value will be offered.
SELLING SOFTWARE LICENSES
To sell a software license that the user does not use, the interested party must fill out the form contained in the “sell licenses” drop-down menu. LICENZIO will contact the interested party to perform an authorization of the license that they intend to sell and evaluate whether the license meets the requirements for its subsequent resale.
ESSENTIAL FEATURES AND AVAILABILITY OF PRODUCTS
Completely legal license, complies with all the steps of the European Court Resolution in 2012 (Judgment of the Court of the European Court of Justice (Case C-128/11 – July 3, 2012) in favor of the owner’s right to market their hardware and software (Principle of Exhaustion and the EU Software Directive 2009/24) including legal support, support in audits, and updates.
In compliance with current regulations, we offer information on all products for sale, their characteristics and price. However, we reserve the right to withdraw, replace or change the products offered through the website (modifications on products, prices, promotions and other commercial and service conditions), by simply changing the content of the same. In this way, the products offered at any time by the website will be governed by the General Conditions of Contract in force in each case. Likewise, we will have the right to stop offering, without prior notice and at any time, access to the mentioned products.
Likewise, in the case of a product on offer, the offer price and validity of the offer will always be indicated along with its essential characteristics. In the case of limited stocks or limited offers, the first user or consumer to make the transfer will acquire the product. Coupons or discounts cannot be added once payment has been made, they are non-transferable and subject to the date and form indicated in the promotion or offer of the product.
In this sense, at LICENZIO DIGITAL SOLUTIONS SL, we make every effort within our means to offer the information contained in the LICENZIO website truthfully and without errors. In the event that at any time an error of this type occurs, which is at all times beyond our control, we will proceed immediately to correct it. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on said error, the user will be notified of the aforementioned error and will have the right to withdraw from their purchase at no cost to them, provided that the software key has not been discovered. Always contact us if in doubt before purchasing.
Otherwise, the contents of the website may occasionally display provisional information about some products.
At the time that the product and the technical data sheet of the license are made available to the user, it is already enabled for installation. To do so, remember to have a good Internet connection and the correct configuration of your computer.
In the event that the license fails or does not work correctly, the user must test it on another computer to determine if the problem is with their terminal. Do not install it again on a computer without properly ensuring that it has been uninstalled on the previous computer. If the license does not work, please contact us at info@licenzio.com, and our managers will carry out an evaluation of the license, determining the cause that prevents it from working correctly. On the contrary, if the license does not work due to a cause attributable to LICENZIO, we will make a new license available to the user. In no case will we refund the amounts of the licenses purchased.
LICENZIO DIGITAL SOLUTIONS SL assumes no responsibility for incorrect use or against the instructions of the manufacturer or LICENZIO staff, criminal use and in general any inappropriate use in accordance with the rules of good faith and the proper use of the product following the recommended instructions and indications. Likewise, there is no responsibility for the software license installed on a computer duplicating the serial number corresponding to the purchased license.
WARRANTY
Our LICENZIO website obtains licenses from verified and useful professionals in the European Union, knowing the traceability of the origin of the same. These are totally valid licenses obtained mostly through resale or directly from the manufacturer.
In this sense, it is well known that the author of a software cannot oppose the resale of “second-hand” licenses that allow the use of their programs downloaded from the Internet. The exclusive right to distribute a copy of a computer program covered by such a license is exhausted upon its first sale.
By purchasing the product key, the consumer becomes a “legitimate user” of the software. As the holder of the right of use, he can use the software to benefit from its applications and perform the function or obtain the result that said software allows.
WITHDRAWAL, RETURNS, CANCELLATIONS
The commitment of LICENZIO DIGITAL SOLUTIONS SL is to offer the highest quality and achieve total customer satisfaction, however, we are faced with a market that developed remotely online, obtaining digital content without its availability in a material or physical form, so in accordance with article 103 Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws The Right of Withdrawal does not apply in the following cases;
The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery
The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal
For this reason, the right of withdrawal does not apply in the referred software license contracts, and consequently no refunds will be made on valid licenses.
In the event that the product made available is different from the one purchased, as long as the license key or activation code has not been used or activated, the exchange will be made for the product actually purchased.
If you have any questions, you can use the chat, email or telephone that appear on our website.
PRICE AND PAYMENT
All products indicate the purchase and sale price in euros and include value added tax (VAT).
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
Prices may change at any time, but (except as stated above) possible changes will not affect purchases made previously as long as the purchase has been confirmed.
Likewise, you hereby authorize us to issue the invoice in electronic format.
When you make the purchase and provide the requested data in the purchase gateway, the invoice will be sent to you with a bank list so that you can make the transfer. Once this has been made, you will be able to access your license. In certain cases and to prevent possible fraud, LICENZIO DIGITAL SOLUTIONS SL LICENZIO DIGITAL SOLUTIONS SL, S.L.U reserves the right to request a specific form of payment in the event that the identity of the buyer is not reliably proven.
All operations that involve the transmission of personal or banking data are carried out using a secure environment, a server based on the standard SSL (Secure Sockets Layer) security technology. All the information you transmit to us travels encrypted over the network.
Transfers may be subject to checks and authorisations by the issuing entity, but if said entity does not authorise the payment, we will not be liable for any delay or lack of delivery and we will not be able to formalise any contract with you.
When the amount of a purchase has been fraudulently or improperly charged using an account number, its holder may demand the immediate cancellation of the charge. In such case, the corresponding debit and credit entries in the accounts of the supplier and the holder will be made as soon as possible.
However, if the purchase had actually been made by the account holder and the demand for a refund was not a consequence of having exercised the right of withdrawal or termination and, therefore, had improperly demanded the cancellation of the corresponding charge, the holder will be obliged to LICENZIO DIGITAL SOLUTIONS SL, to compensate for the damages and losses caused as a consequence of said cancellation.
For LICENZIO DIGITAL SOLUTIONS SL, customer security is essential when making purchases. In order to protect the transmission of confidential information, the Web server https://www.licenzio.com/ has a data encryption protocol, through an SSL (Secure Sockets Layer) Security Certificate. SSL encryption technology protects financial transactions and data flow (name, address, credit card number, etc.), thus allowing operations to be carried out safely.
For payment, the customer must have payment via CES (Secure Electronic Commerce) activated. Communication between the customer and the payment entity is also carried out through a secure server with SSL encryption, and neither LICENZIO DIGITAL SOLUTIONS SL nor third parties will be able to access the customer’s credit card or account data.
When the transaction is made by payment with a credit/debit card, LICENZIO DIGITAL SOLUTIONS SL does not store, process or collect any of the data provided to execute the payment; This is carried out by the STRIPE platform, which is responsible for executing the transaction, managing the payment and processing this data.
USE OF OUR WEBSITE
By using this website and making purchases through it, you agree to:
Use this website only to make legally valid enquiries or orders.
Not make any false or fraudulent orders. If it could reasonably be considered that a purchase of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
iii. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact the consumer if necessary.
If you do not provide us with all the information we need, we will not be able to process your order.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
The user and consumer must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging program or material. Users will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. Likewise, they undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offences classified under the applicable regulations. We will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of failure to comply with this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.
INDUSTRIAL AND INTELLECTUAL PROPERTY OF THE WEBSITES
You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the digital materials or content provided as part of the website belong at all times to LICENZIO DIGITAL SOLUTIONS SL or to those who have granted us a license for their use. The consumer may use said material only in the manner in which we expressly authorize them or those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and you acknowledge that all contracts, notices, information and other communications we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
NOTICES
Notifications must be sent by email to info@licenzio.com . Subject to the provisions of the previous clause and unless otherwise stipulated, we may send communications to you either by email or to the postal address provided by you when placing an order.
Notices shall be deemed to have been received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. To prove that service has been given, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or mailbox and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and on our respective successors, assignees and legal representatives. You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising from it without obtaining our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations arising from it at any time during its term. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect any rights that you as a consumer may have under law or annul, reduce or otherwise limit any warranties, whether express or implied, that we may have given you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay in performance of any of our obligations under this Agreement where such failure or delay is caused by events outside our reasonable control (“Force Majeure Event”).
Force Majeure Events shall include any act, event, failure to perform, omission or accident beyond our reasonable control and shall include but not limited to:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension of the period to comply with said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to comply with our obligations despite the Force Majeure Event.
WAIVER
The failure by LICENZIO DIGITAL SOLUTIONS SL to require strict compliance by you of any of the obligations assumed by the consumer by virtue of a contract or these Conditions or the failure by us to exercise the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not constitute a waiver or limitation of any in relation to said rights or actions or exonerate you from complying with said obligations.
No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the provisions of the Notices section above.
PARTIAL INVALIDITY
If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing in relation to the subject matter of the same and replace any other previous agreement, understanding or promise agreed between the consumer and LICENZIO DIGITAL SOLUTIONS SL verbally or in writing.
However, we acknowledge that we have agreed to enter into a contract without relying on any statement or promise made by the other party or which might be inferred from any statement or writing in the negotiations between us prior to the contract, except as expressly mentioned in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We ask that you send us such comments, suggestions and queries through our contact channels or the postal address indicated in the first clause of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact channels.
Likewise, you can send your complaints and claims through our contact channels or by email at info@licenzio.com, which will be attended to by our customer service department as soon as possible and, in any case, within the legally established period for the purpose of requesting an extrajudicial solution to disputes. Likewise, they will be registered with an identification code that we will make known to you and will allow you to track them.
In this regard, given that the service between the user and LICENZIO DIGITAL SOLUTIONS SL has been carried out online through our website, in accordance with Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation 524/2013 of the European Parliament and of the Council, we inform you that you have the right to request an out-of-court resolution of consumer disputes with us, accessible through the Internet address http://ec.europa.eu/consumers/odr/.
We therefore inform our Users that in the event of any conflict with a LICENZIO DIGITAL SOLUTIONS SL consumer, there is a new European procedure, simple, multilingual and accessible for the resolution of such disputes. It consists of the following:
The consumer must access this platform and complete the online claim form. Once completed, it will be sent from the same platform. The claim will be sent to LICENZIO DIGITAL SOLUTIONS SL, who will propose to the consumer an alternative dispute resolution entity. Once the consumer and LICENZIO DIGITAL SOLUTIONS SL agree on the mediation entity that will resolve their conflict, the platform will send the claim to the chosen entity.
The mediation entity will handle the case electronically and will propose a solution within a maximum period of 90 days.
APPLICABLE LEGISLATION AND JURISDICTION
The relationship between the consumer and user and the provider will be governed by the regulations in force and applicable in Spanish territory. If any dispute arises, the parties may submit their conflicts to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard.
Likewise, the owner of https://www.licenzio.com/ reserves the right to file any civil or criminal actions it deems appropriate for the improper use of its website and content or for non-compliance with these conditions.