Version 1.0, effective as of October 17, 2019
In these Terms and Conditions of Purchase (“Purchase Terms”):
Customer accepts these Purchase Terms by placing an order for Product with Bonoos.
For orders placed online on ShuffleRow Website, the entity with which Customer is contracting is shown on the Order Checkout page above the “Place Order” button.
Customer may place an order with Bonoos:
Any order is not binding upon Bonoos until accepted by Bonoos. Non-acceptance of an order may be the result of one of the following:
Bonoos sets prices and accept payments for Products in EUR. Prices are subject to change by Bonoos.
Bonoos accepts major debit and credit cards (collectively, “payment cards”) for online orders via third-party payment gateway providers, including, but not limited to, Connectum. Bonoos is not responsible for any payment failure resulting from inaccurate payment card details provided by Customer when placing an online order, any restrictions applicable to payment card by Customer’s bank, or payment gateway failure.
By purchasing Product requiring regular payments on a monthly, quarterly, or annual basis (“Recurring Payments”), Customer authorizes Bonoos to charge Customer’s payment card automatically at the interval and in the amount selected by Customer based on the available options during the purchase process. Customer agrees that the payment card specified by Customer for Recurring Payments is, and will continue to be, an account that Customer owns or is otherwise legally authorized to use, and that Customer will maintain sufficient availability under Customer’s credit card limit, or sufficient funds in the account linked to Customer’s debit card, as applicable, to pay Recurring Payments. Customer can cancel Recurring Payments at any time via Customer’s account at https://pegasus.shufflerow.ru prior to the next Recurring Payment due date. If Customer cancels Recurring Payments after this time, the cancellation will not take effect until the following Recurring Payment due date, and no refund or partial refund will be issued to Customer by Bonoos.
Bonoos only accepts purchase orders from existing corporate Customers that have no outstanding payments past due. Purchase orders can only be paid by wire transfer on net 30 days terms, unless otherwise specified on invoice issued to Customer by Bonoos. Purchase orders from newly registered corporate Customers and offline orders from individual Customers are subject to advance payment by wire transfer.
Bonoos ships no physical Products. Any details necessary to enable Customer to download and/or use the purchased Product will be delivered by Bonoos to Customer via email to an email address provided by Customer. Customer is responsible for providing Bonoos with a valid email address for delivery purposes.
Bonoos will use its commercially reasonable best efforts to deliver Product purchased by Customer within 2 business days of the order acceptance. Bonoos shall not be liable for any failure to deliver Product within this timeframe.
Products shall be deemed delivered to Customer on the date when Bonoos sends Product email to the email address provided by Customer. Bonoos shall not be liable for any failure to deliver Product to Customer due to non-delivery of an email message concerning Product.
Product prices do not include any national, state or local sales tax, use tax, value added tax (VAT), goods and sales tax (GST) or other tax (“Local Tax”).
If purchase is subject to any Local Tax, it can be added to the invoice.
If there is a possibility to issue the invoice without Local Tax, Customer is obliged to provide Bonoos with a valid Local Tax number (e.g. VAT ID) or valid exemption documentation.
Customer bears the sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable to Bonoos under any invoice.
Any correction to an invoice due to tax reasons (in particular based on the provision of Customer’s Local Tax number) shall be requested by Customer by the 7th day of the month following the month when the affected invoice was issued, at the latest. Bonoos reserves the right to reject any such request if received after this date.
If Bonoos suspends Customer’s access to Bonoos’ Products for any failure to, or delay in, payment of any amount, Customer must pay the entire outstanding amount in order to restore its access to Bonoos’ Products. During any period of suspension, Customer hereby agrees that Bonoos is entitled to charge Customer for the entire period during which Customer has access to Bonoos’ Products.
Any refund request following the Product purchase date will be subject to prior authorization by Bonoos, and acceptance of such request shall be at the sole discretion of Bonoos, unless otherwise provided by applicable law.
Customer shall comply with all applicable laws and regulations with regards to: economic sanctions; export controls; import regulations; and trade embargoes (collectively “Export Control Laws”), including those of the European Union. Customer acknowledges that it is not an entity targeted by Export Control Laws nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Export Control Laws. Further, Customer agrees to ensure that neither Bonoos Products, nor any related technical information, are:
In accordance with the EAR, Bonoos’ Products typically:
Information provided under Section Export Control is only intended for general information purposes and should not be construed as legal advice concerning the export control laws and regulations of any country. For details on export restrictions applicable to Products and/or Plugins, Customer should refer to the laws and regulations of the relevant jurisdiction.
No terms and conditions other than the terms and conditions contained herein shall be binding upon Bonoos, unless accepted by Bonoos in writing and signed by the duly authorized representative of Bonoos. If Customer’s terms and conditions of purchase are different from or in addition to these Purchase Terms, these Purchase Terms shall prevail and Customer’s terms are hereby rejected, unless otherwise agreed in writing with Bonoos.
These Purchase Terms are subject to change at any time by Bonoos by posting the updated Purchase Terms on the ShuffleRow website at www.shufflerow.com.
Customer declares having had sufficient opportunity to review these Purchase Terms, understood the content of all of their clauses, negotiated their terms and sought independent professional legal advice in that respect, before accepting these Purchase Terms. Consequently, any statutory “form contracts” (“adhesion contracts”) regulations shall not be applicable to these Purchase Terms.
These Purchase Terms shall be governed by the laws of Estonia, without reference to conflict of laws principles, and the parties agree that any litigation relating to these Purchase Terms may only be brought in, and shall be subject to the jurisdiction of, any Court of Estonia.
In connection with purchase of Products by Customer, Bonoos and associated companies of Bonoos will process Customer’s Personal Data, in particular, Customer’s contact and identification details and information about Customer’s subscription and payments, for the following purposes:
For the above purposes, Bonoos may process information including but not limited to Customer’s name, email address, username, physical address, telephone number, payment data, company name, and tax identification number where applicable. To receive the software, support, and services, Customer explicitly fills in their Personal Data, whether Customer purchases a Bonoos Downloadable Software Product or Bonoos Software as a Service.
Bonoos products and services often give Customer the option to provide feedback, such as suggestions, compliments, or problems encountered. Bonoos invites Customer to provide such feedback as well as to post comments on ShuffleRow website, blogs, and discussion forums.
Transfer of Personal Data to third parties. Bonoos is responsible for the handling of Customer’s Personal Data by such third party. The transfer is made to assist it in providing its services to Customer or in its operations; to do so Bonoos, may send them Customer’s Personal Data. Personal Data collected from Customer is transferred to:
Bonoos may communicate with Customers by sending them emails aiming to help avoid interruption of a service. Such examples include but not limited to:
For any questions regarding these Purchase Terms, please contact us at firstname.lastname@example.org.