Terms and Conditions

Application

The following terms and conditions are applicable to every sale, delivery, and service by Praetorians that were caused by orders via the Internet or any other medium (e-mail, fax, letter, etc.). Any variations to this agreement must be confirmed by Praetorians in writing. Placing your order means acceptance of this agreement.

This agreement is explicitly not applicable to Praetorians' consulting services.

Offers and Contracts

When you place an order to purchase a product from Praetorians, Praetorians will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to Praetorians to purchase a product which is accepted by Praetorians when Praetorians dispatches that product to you. That acceptance will be complete at the time Praetorians sends the product to you. Any products on the same order which have not been dispatched do not form part of that contract.

As Praetorians processes your order, Praetorians will inform you by e-mail if any products you ordered turn out to be unavailable. In such a case of unavailibilty, Praetorians may cancel your order and will notify you of such cancellation.

Dispatch and Delivery/Risk

Dispatch estimates are not guaranteed dispatch times and should not be relied upon as such. Praetorians is not liable for delays in performance (incl. delivery or service) caused by circumstances beyond its reasonable control; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters.

Delivery by instalments may be made. The place of delivery is stated in the e-mail confirming receipt of your order.

Where a product has been damaged in transit, please contact Praetorians to report the damage. A replacement will be sent to you upon receipt of the damaged product.

If you refuse delivery without Praetorians' agreement, you must pay Praetorians' expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.

Price and Payment Terms

Prices are valid as shown on the website at the time of your order. Payment will be made before supply or, if agreed, at the time of acceptance of the delivery. The invoice becomes due upon receipt without further notice from Praetorians. Payment timing is of the essence. Praetorians may suspend deliveries or services until full payment for that order. If payment is late, interest will be at least 5% above the main refinancing operations minimum bid rate of the European Central Bank on the late amount. In either case, the costs of recovery shall be payable by you.

Prices include no costs for shipping, import duties, or any other import taxes. Any additional charges for customs clearance must be borne by you. Praetorians has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Praetorians, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

All prices are in Euro if not specified otherwise, and may be changed by Praetorians without announcement anytime.

Title

The delivered products remain in Praetorians' ownership until full payment.

Returns

Within 14 working days, commencing the day following the delivery of your order, Praetorians will accept the return of any product purchased directly from Praetorians' website. All products should be returned in original packaging and contain all contents and proof of purchase. External packaging on returned items must not be damaged or defaced. Praetorians reserves the right to refuse to accept the return of incomplete or defaced products. Customers are also advised to obtain proof of postage when returning products. Praetorians is not responsible for products lost during return shipments. The return costs are payable by you.

If you wish to return your product, please contact Praetorians to obtain the return address. Products purchased from sources other than Praetorians (e.g. local resellers, mail order) must be returned to the source from which they were purchased and are subject to the return policies of that source.

It is not possible to return products or services that have been transmitted online (e.g., download of software).

License Agreement for Software

By purchasing a software product, the customer receives a medium (CD-ROM, diskette, e-mail, download file, etc.), the accompanying documentation (if available), and a license to use the software according to the license agreement.

The customer accepts the license agreement by using the software for the first time. The software remains the intellectual property of the license issuer. By opening the sealed packaging of the medium, the customer accepts the accompanying license agreement and a return or exchange against another product is not possible anymore.

The customer is obliged to protect herself adequately against data loss. Because any installation of new software or change of installed software bears the risk of data loss, the customer is obliged to protect herself against data loss by backing up all data before she installs new software or changes installed software.

The customer acquires the right to use the delivered software program. The right to copy or to sell the software is specified in the End User Licence Agreement that is included with the product. Generally, it is not allowed to copy the software, with the exception of a security backup for own purposes.

Warranty/Liability

The software is being delivered to you "AS IS" and Praetorians makes no warranty as to its use or performance. Praetorians and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Praetorians and its suppliers make no warranties conditions, representations, or term (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation noninfringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.

In no event will Praetorians or its suppliers be liable to you for any damages, claims, or costs whatsoever, or any consequential, indirect, incidental damages, or any lost profits or lsot savings, even if a Praetorians representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Praetorians' aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid the software, if any. Nothing contained in this agreement limits Praetorians' liability to you in the event of death or personal injury resulting from Praetorians' negligence or for the tort of deceit (fraud). Praetorians is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Praetorians' support department.

Privacy

Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Praetorians' privacy policy.

Miscellaneous

If any part of the agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Praetorians may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations.

Jurisdiction

This agreement will be governed by and construed in accordance with the substantive laws in force in Austria. The respective courts of Austria shall have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Version: 1/1/2006