Jun 19, 2020
Terms and Conditions
Last updated: June 18, 2020
1. Scope and application
1.1. These Terms and Conditions ("Terms") governs the contractual relationship between Sonarworks and its customers and apply to all purchases of products (“Products”) or services (“Services”) which are sold through Sonarworks’ (www.sonarworks.com) website (“Site”).
1.2. The contracting party Sonarworks is:
Registration No. 4010361166
Address: Smerla street 3, Riga, LV-1006, Latvia
E-mail address: firstname.lastname@example.org
Phone: +371 22322327
1.3. The contracting party customer („Customer”) – consumer or entrepreneur – is a capable person, who is registered in the Site. Consumer („Consumer”) is a natural person within the meaning of paragraph 3 Section 1 of the Consumer Rights Protection Law of the Republic of Latvia. Entrepreneur („Entrepreneur”) is a person within the meaning of paragraph 1 Section 1 of the Commercial Law of the Republic of Latvia. If the Customer is a Consumer, then nothing in these Terms will reduce his or her statutory rights relating to faulty or misdescribed Products or Services.
1.4. Sonarworks and the Customer hereinafter together referred to as Parties.
1.5. By placing an order (“Order”) on the Site Customer agrees to abide by these Terms. The Order of Product or Service placed on the Site constitutes a binding offer of the Customer to conclude a contract with Sonarworks according to these Terms
1.6 The contract (“Contract”) between Customer and Sonarworks is considered to be concluded and these Terms becomes binding from the moment once Sonarworks receives the Order from Customer and sends a confirmation via e-mail (“Confirmation”)
1.7. Sonarworks is entitled to unilaterally amend and supplement these Terms. The Parties are bound by the edition of the Terms that apply at the time of placing the Order on the Site. The text of the Terms, which is binding to the Contract will be stored on Sonarworks’ internal system and at Customer's request can be sent to the Customer’s e-mail.
2.1. In order to use the Services and to purchase the Products offered on the Site, the Customer must register and create his personal account at the Site using the basic registration data (e-mail address and password).
2.2. After creating and registering a password, the Customer undertakes to ensure that the password is not disclosed to the third parties. The Customer is responsible for any of his actions in the Site what is carried out by joining with his password. If the services provided by Sonarworks are used by a third party using the Customer's access data, Sonarworks considers this person as a Customer. If the Customer loses access data, he must immediately inform Sonarworks via the email.
2.3. Upon registration, the Customer may indicate whether he or she wishes to receive advertising and informative messages from Sonarworks or its partners or other offers useful to the Customer, thereby agreeing that such notifications or offers may be sent to the Customer. If the Customer does not wish to receive them, Sonarworks will not send advertising and informative messages to the Customer, except those that are necessary to fulfill the order made by the Customer.
2.4. The Customer authorizes Sonarworks as the personal data controller to process all information and data provided by the Customer directly or indirectly through the Site.
2.5. The personal data provided by the Customer will be processed in compliance with the legislation in force in the Republic of Latvia regulating the processing and protection of data of natural persons including General Data Protection Regulation and according to Sonarworks’ Privacy Statement - https://www.sonarworks.com/privacy .
2.6. The Customer’s personal data will be used to identify the Customer in the sale and delivery of the Services and Products by issuing accounting documents, reimbursing the overpaid amount and money for the Products returned by the Customer, administering debt obligations, performing other obligations arising from the Contract, and providing the Customer with the opportunity to use other Sonarworks’ services.
2.7. The Customer is obliged to notify Sonarworks without delay to all changes in the data of the natural persons: surname, address, e-mail, phone, etc. or contact information.
2.8. Sonarworks is entitled to limit the Customer’s use of Sonarworks’ Services without notice or to cancel the Customer’s registration if Sonarworks consider that the Customer may violate or violates the Contract, attempts to harm Sonarworks, the Site activities or security of third parties.
3. Order and Confirmation
3.1. Any prices, quotations, and descriptions made or referred to on the Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Sonarworks express acceptance of the order.
3.2. While Sonarworks make every effort to ensure that items appearing on the Site are available, Sonarworks cannot guarantee that all items are in stock or immediately available when the Customer submit its Order. Sonarworks may reject Customer’s Order if Sonarworks are unable to process or fulfill it. If this is the case, Sonarworks will refund any prior payment that the Customer has made for that item.
3.3. The Order submitted by the Customer on the Site constitutes an offer by the Customer to Sonarworks to purchase Products or Services according to these Terms and subject to Sonarworks’ subsequent confirmation.
3.4. By placing the Order Customer represents that it has legal capacity to enter into the Contract.
3.5. Sonarworks acceptance of the Order takes place when Sonarworks send an e-mail to the e-mail address indicated by the Customer in his or her Order.
4. The price, delivery costs and payment arrangements
4.1 The prices on Site apply, unless agreed otherwise.
4.2. Unless otherwise specified, prices of the Products and Services indicated in the Site are:
exclusive of the costs of shipping or carriage to the agreed place of delivery (charges for delivery are calculated based on shipping address);
exclusive of any other tax or duty which (where applicable) must be added to the price payable.
4.3. Total price for the Order is indicated in the Confirmation, but it may not include the tax or duty that is specific in the country to which the Product is shipped.
4.4. Where the Product is shipped outside from the European Economic Area (EEA) (for example where their value is deemed to be in excess of the Customer’s personal import allowance), the Customer may be subject to customs charges, import duties and taxes, levied when the Product reaches Customer’s specified destination. Any such additional charges for customs clearance or import duties or taxes is met by the Customer.
4.5. Sonarworks has the right at any time prior to the Confirmation withdraw any discount and/or to revise total price taking into account increases in costs including (without limitation) costs of carriage, the increase or imposition of any tax, duty or other levy or any variation in exchange rates. Sonarworks also reserve the right to notify the Customer of any mistakes in Product descriptions or errors in pricing prior to Product dispatch or Service provision.
4.6. If the total price of the Order increases or Sonarworks change the description of the Product or Service between the time when the Customer places the Order and the time of Sonarworks’ Confirmation, Sonarworks will notify the Customer and the Customer may cancel its Order and receive a full refund. If the Customer chooses to proceed with the Order it will be delivered to the Customer in accordance with the revised description and/or at the increased price.
4.7. Methods of payment accepted by Sonarworks can be found on the Site.
4.8. According to Customer request Sonarworks can send to the Customer’s e-mail an invoice.
4.9. Payment for the Order including shipping and applicable VAT or other tax or duty must be made prior to dispatch or download of the Product or commencement of Services and by such methods that are indicated on the Site. A payment is considered to be made if entire amount of the payment has been received in Sonarworks' bank account specified in the payment terms.
4.10. If in accordance with the procedures laid down in the laws and regulations governing VAT the Customer is entitled to a refund of VAT, in order to exercise this right, the Customer shall contact Sonarworks to e-mail address: email@example.com.
5. Delivery and Transfer of Risk
5.1. Sonarworks will aim to deliver the Products or commence provision of the Services within a reasonable time. If the Customer is a Consumer delivery shall in any case be within 30 days from the Acceptance. If Sonarworks is unable to fulfill it and if the Customer is a Consumer Sonarworks will give to the Customer the opportunity to cancel the Order.
5.2. Where applicable, delivery timescales/dates specified on the Site, in any order acknowledgment, Acceptance, or elsewhere are estimates only.
5.3. Delivery of Physical Products
The places that Sonarworks delivers to are listed on the Site (“Territories”).
The Products are delivered to a valid address within the Territories submitted by the Customer and subject to the Acceptance (“Delivery Address”) by using the delivery service appointed by Sonarworks.
The Customer shall check the Delivery Address on any acknowledgement or acceptance Sonarworks provides and notify Sonarworks without delay of errors or omissions. Sonarworks reserve the right to charge the Customer for any extra costs arising from changes the Customer made to the Delivery Address after the Customer has submitted the Order where changes are necessary as a result of the Customer’s error in inputting the Delivery Address. Changes that the Customer has made to the Delivery Address after submitting the Order may cause a delay in the delivery of the Order.
The person specified in the Order has to accept the Product himself. If the ordered Product is received by another person at the address indicated in the Order, it is considered that the Product is received by the person specified in the Order. Sonarworks is not in any way responsible for losses incurred by the Customer or third parties due to the fact that the Customer has indicated the wrong Delivery Address or incomplete recipient's data or if the Product is received at the Delivery Address by another person.
If the delivery of the Product is not possible due to the Customer’s fault or due to circumstances dependent form the Customer (the Customer refuses to take delivery of the Product without reasonable justification, the Customer has indicated the wrong Delivery Address or other false or misleading information, such as stating that the recipient is a legal person, while actually the recipient is a natural person, the Customer or the person specified in the Order is not present in the Delivery Address, the Delivery Address can not be accessed, etc.). In case the Product is returned to Sonarworks the Product is not sent again, and the money for the Product is repaid with the exception of payment for the delivery. If the Product is not returned to Sonarworks, the purchase price for the Product will not be refunded to the Customer, and the Customer shall reimburse Sonarworks for any loss incurred by Sonarworks as a result of the circumstances set out in this clause.
The Customer should carefully check the Product upon delivery to ensure that it is in satisfactory condition, in accordance with its description and complete.
If the Customer determines at the time of delivery that the parcel packaging is damaged (damaged packing sticker or other external damage) or if the delivery is delayed, it must be entered in the delivery document, on the seller's copy. Otherwise, it is assumed that the shipment is delivered in a timely manner and without damage.
Delivery of the Software
Sonarworks provide the software (“Software”) to the Customer for download from the Internet. If Sonarworks and the Customer agree, Sonarworks may deliver the Software by e-mail.
Transfer of Risk
If the Customer is a Consumer, the risk of accidental destruction and accidental deterioration of the Product passes to the Customer upon the delivery of the Product, in cases of mail orders as well.
In the case of delivery of the Software with respect to the download and sending of data over the Internet, the risk of destruction or modification of the data passes to the Customer upon the passage of the data over the network interface.
The delivery is deemed as performed, regardless of whether the Customer is in default with their acceptance.
6.1. If the Customer is a Consumer the statutory warranty of 24 months shall apply.
6.2. If the Customer is an Entrepreneur, the Customer has the right to receive rectification or replacement of the Product or Service or refund of the price paid for the Product or Service when:
the Product or any part thereof have been damaged in transit, provided that the Customer has entered it in the delivery document, on the seller's copy, and notified Sonarworks about damage or loss within 5 working days of receipt of the Product;
there are defects in the Product, provided that the Customer has notified Sonarworks about this defect within 30 working days of receipt of the Product;
the Service have been performed without due care and skill, provided that the Customer has notified Sonarworks within 5 days of such defect becoming apparent but no later than 30 working days of receipt of the Service;
the Product or Service do not match their description, provided that the Customer has notified Sonarworks within 5 days of such defect becoming apparent, but no later than 30 working days of receipt of the Product or Service.
6.3. Sonarworks shall not be liable for any other damages or losses not specified in the Clauses 6.1. and 6.2. of the Terms or not notified in accordance with the procedure indicated in the clauses mentioned above.
6.4. All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Sonarworks are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by Sonarworks that the Products will confirm with the same.
6.5. In the case of any questions related to warranty, repairs or returns, Sonarworks invites at first to contact Sonarworks’ support. In order to avoid unnecessary delays and cost, Sonarworks asks its Customers do not return any products without first contacting Sonarworks support. It does not affect Consumers statutory warranty rights.
6.6. Sonarworks does not provide Customers any guarantees in a legal sense, unless this is done expressly in individual cases.
7. Right of Withdrawal
7.1. If the Customer is a Consumer, he or she may use the right to withdraw from the Contract, without giving any reason, within the time specified below.
7.2. The right of withdrawal may be exercised within 14 days:
from the date of conclusion of the Contract - if the Contract concerns the delivery of Software or supply of Service;
from the date of delivery - if Product delivered physically.
7.3. The rights of withdrawal shall end or not apply where:
the Consumer has received all of the Services ordered;
in case of the purchase of digital content within the term of the right of withdrawal the delivery is initiated with the express consent of the Consumer and Sonarworks has received confirmation from the Consumer of the denial of the right of withdrawal;
Products are made specially to Customers order.
7.4. Before expiry of the withdrawal period, the Customer shall inform Sonarworks of his decision to withdraw from the contract, by submitting withdrawal form or notification regarding the use of the right of withdrawal. The deadline shall be deemed to have been met if the Customer sends a withdrawal form or notification regarding the use of the right of withdrawal to Sonarworks before the expiry of the withdrawal period. The Customer has an obligation to prove the use of the right of withdrawal.
7.5. To exercise the rights of withdrawal, the Customer must inform Sonarworks:
Registration No. 40103611667
Address: Smerla street 3, Riga, LV-1006, Latvia
E-mail address: firstname.lastname@example.org.
of the decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post, fax or email). The Customer may use the model withdrawal form, but it is not obligatory.
7.6. Sending of a withdrawal form or notification regarding the use of the right of withdrawal terminates the Contract and release the Customer from any contractual obligations arising from the Contract.
7.7. The Customer shall send back the Product to Sonarworks
Registration No. 40103611667
Address: Smerla street 3, Riga, LV-1006, Latvia
without undue delay and in any event not later than 14 days from the day on which the Customer has sent a withdrawal form or notification regarding use of the right of withdrawal to Sonarworks.
7.8. Sonarworks shall reimburse all payments received from the Customer, including the costs of delivery paid by the Customer, without undue delay and in any event not later than 14 days from the day on which Sonarworks was informed of the Customers decision to withdraw from the Contract in accordance with Terms. Sonarworks carries out the reimbursement using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed to other means of payment.
7.9. If the Customer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Sonarworks, Sonarworks shall not be required to reimburse the supplementary costs.
7.10. Sonarworks is entitled to withhold the reimbursement of the amount of money paid by the Customer in accordance with the Contract until Sonarworks has received the Product back, or until the Customer has supplied evidence of having sent back the Product to Sonarworks, whichever is the earliest.
7. 11. The Customer shall bear the direct costs of returning the Product, except for the cases when Sonarworks has agreed to bear such costs.
7.12. The Customer shall be liable for any diminished value of the Product resulting from the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product.
8. Limitation of Liability
8.1. Sonarworks liability under these Terms (whether for negligence, breach of contract, misrepresentation or otherwise) shall be limited to the price payable for the Product or Service which are the subject of that Order.
8.2. If the Customer is a Consumer in addition to liability under the Clause 8.1 above Sonarworks will also be liable to for losses that the Customer suffer which are a foreseeable consequence of Sonarworks breaching these Terms. Losses are foreseeable where they could be contemplated by the Customer and Sonarworks at the time of Acceptance.
8.3. In no case shall Sonarworks be liable for incidental, indirect, or consequential damages or any loss of income, revenue, profits, contracts, data, goodwill or savings.
8.4. In no case is excluded Sonarworks liability for:
death or personal injury caused by Sonarworks negligence (or that of Sonarworks’ employees or authorised representatives);
any breach of any obligation as to title to the Products implied by statute; or
any other liability which cannot as a matter of law be limited or excluded.
9. Use Rights
9.1. The Customer is given a simple, non-exclusive, non-transferable right to use the licensed Software for a period indicated in the Product description at the time full payment of the invoice is received. In addition, the so-called End user License Agreement (EULA) applies.
9.2. If the use right granted to the Customer ends, for example, after exercise of a contractual or statutory right of rescission, the Customer is obliged to erase all stored data, upon which the acquisition of goods purchased from Sonarworks was based, from its computer system, unless it is this forbidden due to legal or regulatory provision. All data media and copies or written documentation or documentation in text form of relevant data of Sonarworks must be immediately deleted or returned to Sonarworks.
10. Governing Law and Jurisdiction
10.1. These Terms shall be governed by Law of the Republic of Latvia and Sonarworks and the Customer both agree to the non exclusive jurisdiction of the courts of the Republic of Latvia over the Terms and any matter related to them. This choice of law applies to the Customers who are Consumer, but only insofar as the protection granted by mandatory provisions of the laws of the country, in which the Customer has his habitual residence, is not withdrawn thereby. This choice of law furthermore only applies to Customers insofar as no other law is chosen for certain provisions of these Terms or EULA. The provisions of the United Nations Convention on Contracts for the International Sale of Goods is not applicable.
10.2. If the Customer is a Consumer he or she has the right to lodge a complaint to Consumer Rights Protection Centre of the Republic of Latvia, Brivibas street 55, Riga, Latvia, LV-1010, e-mail address: email@example.com, web: http://www.ptac.gov.lv
11. Other Terms and Conditions
11.1. Sonarworks reserves the right to change or supplement these Terms for the future. Amendments to the Terms will be announced on Sonarworks website.
11.2. If the Customers uses the Service provided by Sonarworks the changes of the Terms will be announced to the Customer by email at least one month before the proposed changes. If the Customer does not express disagreement of the change to the Terms within two weeks after sending the announcement or the Customer continues the contractual relationship through use of the services of Sonarworks, the change is valid with respect to this Customer.
11.3. The Customer may not transfer his or her rights under these Terms to anyone else without Sonarworks’ prior written consent.
11.4. The Customer recognizes that there may be circumstances outside Sonarworks’ reasonable control which would prevent Sonarworks from providing the Customer with the Product or Service which the Customer has ordered. Circumstances beyond Sonarworks’ reasonable control may include (but are not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such cases, whilst the Sonarworks will do its best to fulfill the Order, Sonarworks cannot be responsible for failure or delay in doing so and in such event Sonarworks may elect to cancel the Order and refund any payments made. The Customer may request that the Order be cancelled if it has not been fulfilled within 30 days of having been made.
11.5. Sonarworks cannot always ensure continuous access to their websites due to technical factors such as telecommunication networks being overloaded. Sonarworks is in fulfillment of its service obligation, if it grants access to its website and offers over 95% of the total time of a calendar month. Customers will be informed in advance, if Sonarworks’ service is limited due to maintenance work.
11.6. These Terms set out all of Sonarworks obligations in relation to provision of Products and Services to the Customer under any accepted order. These Terms prevail over any other terms or conditions referred to elsewhere or otherwise implied.
11.7. The Products and Services the Customer has purchased may have applicable terms and conditions from the manufacturer, licensor or supplier of the respective Products and Services supplied. The Customer should refer to the relevant documentation supplied with the Product or Service in this regard. Such terms will govern Customer’s use of the Products or Services and in the event of conflict with these Terms, the former shall prevail.
11.8. No delay by either Party in enforcing any of these Terms shall restrict the rights that either of Parties have under them.
11.9. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by Sonarworks.
11.10. If a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
11. 11. These Terms are written in English language.
11.12 To contact Sonarworks for any reason in connection with these Terms, please, do so using the contact details set out in the Clause 1.2 above.