Article 1 – Definitions

In these terms, the following definitions apply:

• Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these are provided by the trader or by a third party based on an arrangement between the third party and the trader.
• Grace period: the period within which the consumer can exercise the right of withdrawal.
• Consumer: the natural person acting for purposes outside their trade, business, craft, or profession.
• Day: calendar day.
• Digital content: data produced and supplied in digital form.
• Term agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period.
• Durable medium: any device (including email) that enables the consumer to store information addressed personally to them in a way accessible for future consultation for a period appropriate to the purpose and allows unchanged reproduction of stored information.
• Right of withdrawal: the ability of the consumer to withdraw from the contract within the grace period.
• Entrepreneur / Trader: the natural or legal person offering products, (access to) digital content and/or services to the consumer at a distance.
• Distance contract: a contract concluded between the trader and the consumer under an organized distance sales system for goods, digital content and/or services, where up to and including the conclusion of the contract exclusive or partial use is made of one or more means of distance communication.
• Model withdrawal form: the European model withdrawal form as set out in Appendix I of these terms.
• Means of distance communication: means that can be used to conclude a contract without the consumer and trader being together in the same room.

Article 2 – Identity of the entrepreneur

Legal Entity (All Customers):
J&W SoftwareManagement B.V.
Trade names: J&W SoftwareManagement B.V., Softwarelicense4u.com, Softwarefastonline
Legal form: Private Limited Liability Company (B.V.)
Statutory seat: Curaçao
Registration number (Curaçao Commercial Register): 146741
Date of incorporation: April 23, 2018
Registered address: Kaya Marsanne 2, Curaçao

Support & Contact
Support portal: https://support.softwarelicense4u.com
Email: [email protected]

Article 3 – Applicability

• These terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• Before the contract is concluded, the text of these terms will be made available to the consumer. If this is not reasonably possible, the trader will indicate where the terms can be inspected and that they will be sent free of charge upon request.
• If the contract is concluded electronically, the text of these terms will be made available in a way that the consumer can store them on a durable medium. If this is not reasonably possible, it will be indicated where the terms can be inspected electronically and that they will be sent free of charge upon request.
• If specific product or service conditions apply in addition to these terms, the consumer may rely on the provision most favorable to the consumer in case of conflicts.

Article 4 – The offer

• If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
• The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow proper assessment by the consumer.
• Images used are a truthful representation of the products and/or digital content. Obvious mistakes or errors do not bind the entrepreneur.
• Each offer contains information that makes clear what rights and obligations are involved in accepting the offer.

4.5 No affiliation disclaimer (trademarks): Any reference to brand names, product names or trademarks is used for identification and compatibility purposes only. All trademarks are the property of their respective owners.

Article 5 – The contract

• The contract is concluded when the consumer accepts the offer and meets the corresponding conditions, subject to applicable verification.
• If the consumer accepted the offer electronically, the trader will promptly confirm receipt electronically. Until receipt has been confirmed, the consumer may rescind the contract.
• The trader takes appropriate technical and organizational measures to secure electronic data transfer and provides a secure web environment.
• The trader may investigate, within legal limits, whether the consumer can meet payment obligations and may refuse orders or attach special conditions if justified.
• At or before delivery, the trader provides the consumer (in writing or on a durable medium) key information including complaint address, withdrawal conditions/exclusion, warranties, pricing, payment/delivery method, termination requirements, and the model withdrawal form where applicable.
• For extended transactions, this information is provided for the first delivery.

Article 6 – Right of withdrawal

Extended withdrawal period if not informed (where legally required): If required information on the right of withdrawal (or the model withdrawal form) is not provided, the withdrawal period may be extended as provided by applicable law.

Article 7 – Obligations of the consumer during the reflection period

• During the reflection period the consumer shall handle the product and packaging with care and only to the extent necessary to establish the nature, characteristics and functioning of the product.
• The consumer is liable only for diminished value resulting from handling beyond what is permitted.
• The consumer is not liable for diminished value if the trader has not provided all legally required information about the right of withdrawal.

Article 8 – Exercise of the right of withdrawal by the consumer and costs

• If the consumer exercises the right of withdrawal, they shall notify the entrepreneur within the cooling-off period using the model withdrawal form or another unequivocal statement.
• Within 14 days after notification, the consumer shall return the product unless the trader offered to collect it.
• The consumer returns the product with accessories, if reasonably possible in original condition and packaging, and in accordance with provided instructions.
• The risk and burden of proof for correct and timely exercise rests with the consumer.
• The consumer bears direct return costs unless the trader indicates otherwise.
• Proportional costs may apply if a service begins during the withdrawal period and the consumer withdraws.
• Rules apply to digital content where consent/acknowledgement requirements are not met.
• Supplementary agreements are canceled by operation of law where applicable.

Article 9 – Obligations of the trader in case of withdrawal

• If electronic notification is enabled, the trader will promptly acknowledge receipt.
• The trader reimburses payments (including delivery costs if applicable) within 14 days of withdrawal notification, subject to lawful withholding until receipt of returned goods or proof of return.
• Reimbursement uses the same payment method unless agreed otherwise and is free of charge for the consumer.
• Additional delivery costs for premium delivery methods are not reimbursed beyond cheapest standard delivery.

Article 10 – Exclusion of withdrawal right

The trader may exclude goods and services from the right of withdrawal only if this was clearly stated in the offer, at least before conclusion of the contract.

Additional statutory exclusions may apply, including market-dependent pricing, fully performed services with consent, custom-made products, hygiene-sealed items unsealed after delivery, and supply of digital content not supplied on a tangible medium under the legal consent/acknowledgement conditions.

Article 11 – The price

• Prices will not be increased during the offer period, except due to changes in VAT rates or other mandatory taxes.
• Variable prices may apply where prices depend on financial market fluctuations beyond the trader’s control.
• Price increases within 3 months are allowed only if they result from legislation or regulations.
• Price increases after 3 months are allowed only if agreed and legally justified, and the consumer may be authorized to terminate where applicable.
• Prices stated include applicable taxes unless otherwise stated.

Article 12 – Compliance & warranty extension

• The trader ensures products/services comply with the agreement, offer specifications, reasonable usability requirements, and applicable legal provisions on the date of conclusion.
• Additional guarantees do not limit statutory rights and claims under the contract.
• Additional guarantee means an undertaking granting rights beyond legal requirements.

Article 13 – Delivery and execution

• The trader takes the greatest possible care when receiving and implementing orders and assessing service applications.
• The place of delivery is the address the consumer provided. For digital products, delivery occurs via the method described on the product page (e.g., email, account, support portal).
• Orders are processed promptly and no later than 30 days unless a different period has been agreed.
• If delivery is delayed or an order is not or only partially carried out, the consumer will be informed no later than 30 days after placing the order, and may have termination rights where legally required.
• After termination, paid amounts are reimbursed without undue delay.
• The risk of damage/loss of physical products rests with the trader until delivery unless otherwise agreed.

Article 14 – Extended duration transactions: duration, termination, and renewal

Article 15 – Payment

• Unless otherwise provided, amounts due must be paid within 14 days after the start of the cooling-off period, or if no cooling-off period applies, within 14 days after conclusion of the contract.
• When selling to consumers, prepayment may be limited by applicable law. If advance payment is agreed, performance rights may be limited until payment is made.
• The consumer must report inaccuracies in payment details immediately.
• If the consumer fails to pay on time, the trader may, after notice, charge statutory interest and reasonable collection costs in accordance with applicable law.

Article 16 – Complaints

• The trader maintains a complaints procedure and handles complaints accordingly.
• Complaints about performance should be submitted promptly after defects are identified and fully described.
• Complaints are answered within 14 days. If more time is needed, an acknowledgement and expected timeline is provided.
• If a complaint cannot be resolved within a reasonable time or within 3 months, a dispute may arise under the dispute procedure.

Article 17 – Disputes

All agreements are governed by the laws of Curaçao, unless mandatory consumer protection laws in the consumer’s country provide otherwise.

Article 18 – Additional or different terms

Additional or deviating terms may not be to the detriment of consumers and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.