Terms and Conditions of sale
1. Definitions
The following definitions shall apply in these terms and conditions:
“Company” means LeapMatic LLC or/and LESI-2000 Ltd. (as a Sales Representative)
“Conditions” means these terms and conditions.
“Contract” means any contract between the Company and the Customer for the sale and purchase of any of the Supplies.
“Customer” means the person(s) or company whose Order for any of the Supplies is accepted by the Company. (Called bellow “You”)
“Goods” means any goods (including any Software) supplied or to be supplied by the Company to the Customer.
“Order” means the Customer’s order for the purchase of any of the Supplies by the Company as set out in the Company’s order form, the Customer’s written acceptance of the Company’s quotation, or placed via telephone, email or in writing.
“Electronic Device” means every Product that is powered
“Services” means any services supplied or to be supplied by the Company to the Customer.
“Software” means any software identified in an Order, which, along with the applicable EULA, shall also reference the scope of use, duration of use and the number of users provided for under any such software.
“VAT” means value added tax or any similar sales tax imposed in any other jurisdiction.
Any reference within these Conditions to: “in writing” includes electronic communication
2. General Applications
The following conditions apply to all orders placed by the Client with the Company
By using www.leapmatic.com and/or placing an order, you agree to be bound by the Conditions set out here. Please make sure you read and understand the Terms and Conditions before placing your order. In the event that the Company agrees to sell any Software Products to the Customer these may be subject to separate conditions, outlined at the time.
Orders can only be placed by persons who are 18 years or older. By accepting the Conditions, you acknowledge that you are over 18 years of age.
The availability of products or services on www.leapmatic.com at a specific time does not imply or guarantee that these products or services will be available at all times. We reserve the right to stop offering any product at any time.
We reserve the right to change these Conditions without notifying you. The version of the Conditions that will apply to your order will be the one published on www.leapmatic.com at the time that the order is placed and will be sent to you as a file when we confirm your order.
We want to provide the best possible online experience. To make this possible we need to ensure that our services run smoothly. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content from our correspondence that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the www.leapmatic.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
3. Prices and shipping costs
Prices shown on www.leapmatic.com are exclusive of VAT and do not include shipping costs. VAT is charged upon finalization of the order. For countries in the European Economic Area, the tax is 20%. (EU countries in EEA: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden). Delivery costs depend on the selected courier and country of delivery and are shown at the time of order completion. Delivery costs are at the expense of the Client.
Our website contains a large number of products and it may so happen that despite our best efforts some product prices are listed incorrectly. We usually check prices as a part of our delivery procedures, so that in the case where the correct price of a product is lower than the price we specify, you will be charged a lower amount on delivery. If the correct price of a product is higher than the price stated on our website, we would usually contact you at our discretion to reach a mutual agreement on how to proceed. However, we reserve the right to reject your order without contacting you.
You can pay for our products using the methods indicated in the PAYMENT METHODS. Depending on the payment method you choose, you will be charged when your order is completed. If the contract is not concluded, for example, because the product you ordered is not available, we will refund the amounts already received. We reserve the right to use a third party for invoicing and claim management services
4. Delivery and availability
It is of great importance for us to carefully accept and process orders and to ensure prompt delivery of the order to the address specified by the customer according to the options you have selected.
LeapMatic strives to submit orders as soon as possible and in the order in which they were placed. The expected delivery time depends on the selected courier and country of delivery and are shown at the time of order completion. While we strive to deliver within the expected timeframe, delivery may take longer due to unexpected events. If your delivery time exceeds 30 days for countries in Europe and the USA and 60 days for other countries, you can cancel your order.
Delays are extremely rare, but if they happen, the Company will not be held responsible for any damage caused by delayed ordering.
If the delivery method chosen by the Customer has a tracking number, we will email you the tracking number and a link to the tracking site. In the case that we are unable to deliver your order using your chosen method of delivery, we will contact you as soon as possible. The price of delivery depends on the supplier, destination, weight and delivery payment method. If you wish, you can pay for the goods by bank transfer and receive them by courier. In this case, the order will be executed after the transfer is received into the bank account of the Company.
If your country does not appear in shipping countries that are automatically served by the site, you can send us an email with a shipping address and receive our terms.
Some products offered on our site may be shipped directly from approved partners of the Company . The Company assumes responsibility for these partners.
We at LeapMatic makes great efforts to keep online stock up to date, but sometimes due to adverse factors, a mismatch may occur. If quantities of the product you have selected are not available at the time of your order, we will inform you immediately in the order confirmation. If the product is no longer available, you will also be informed.
5. Right of refusal and return of goods.
We at LeapMatic are sure that you will be pleased with your purchase. However, if for any reason you want to return your Product, we are happy to provide a 14-day 100% refund guarantee on all your purchases. If for any reason you are not satisfied with the Product purchased, you can return the Product within 14 days from the date of receipt of the purchase, in its original packaging, together with the original invoice for full refund of the purchase amount, excluding the amount paid for delivery. The Customer is responsible for the cost of returning the Goods. You can only exercise the right of return if the conditions of the law are fulfilled and the goods are stored in good faith, the integrity of their original packaging is not broken and they are in the form in which they were received, including with complete set, documentation and undamaged protective stickers.
If you would like to return the goods purchased from leapmatic.com please follow this link “LINK” and fill out the form. The company will contact you shortly and email you the “authorization number and return instructions” that you will need to complete when returning the shipment. No later than 14 days after the date of the return application, it is necessary to return the goods or proof that they have been sent. The costs associated with returning the goods are at the expense of the Client.
The Client is not entitled to refuse custom made products (customized on Client’s request when ordered).
If you purchased the Product directly from Company’s Independent Business Partner, please contact that partner for a full refund. You will need to return the Product and the Business Partner’s original invoice, which will refund you the purchase price of the Product.
The client has the opportunity to cancel the order within 2 hours after placing it. The cancelation is made by email or phone call. The company will not start processing an order until 2 hours after accepting the order, except after the explicit additional confirmation by the Client by email or phone call. If the cancellation of the order is made after the order has been sent to the Client, the Client must pay the shipment charges for both the delivery and the return.
For further information or assistance with return processing, please contact the Business Partner from whom the Product was originally purchased, or LeapMatic Customer Support Team at info@leapmatic.com or +359 32 642742 in the Europe region.
REFUNDS
Refunds paid on delivery or by bank transfer will be returned to the bank account of the Customer who placed the Order.
Refunds paid with a bank card will be made by ordering a reverse transaction on the card from which the payment was made.
The refund period is up to 14 days from receipt of the goods by the Company or Business Partner at the address indicated on the form.
6. Methods of payment
Credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard). The corresponding amount will be claimed immediately on your card but will not be debited before the goods are shipped. The company reserves the right to verify the validity of the credit or debit card, its status regarding the value of the order, and whether the address details of the buyer are correct. We may refuse to execute orders depending on the results of those checks. There are no additional fees for this type of payment.
PayPal
You can use and pay with your PayPal account. Due to the significantly higher fees for the Company to accept PayPal payments, we charge an additional fee for this type of payment in the amount of 5%. The additional PayPal fee is not refundable.
Pay as a Business Client – without VAT
Business customers who are entitled to deduct the charged fees (VAT) must choose this method of payment and provide LeapMatic with the tax number and details of their company. LeapMatic will check the tax status of the Client’s company and will issue a pro forma invoice without accrued fees (VAT) and with the method of payment Bank transfer. The proforma invoice will be sent to the Client by email, and the shipment will be sent only after the receipt of the money in LeapMatic’s account
7. Exclusion of Liability
a) Except as provided in 9(Warranty/Guarantee), the Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct loss or pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss or for any loss or damage which is not a reasonably foreseeable result of any breach of these Conditions howsoever caused or arising out of or in connection with:
b) Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company’s option, refunding monies.
c) Our website may contain links to third party websites. The Company does not control the content of third-party websites and does not accept it as its own. The Company assumes no responsibility or guarantee for the content of these websites. External websites are used at the user’s own risk. Insofar as products can be purchased through this website, all claims (eg Warranty Claims) are only made against the respective product provider. The Company is not responsible for the content of the websites or the products offered through these websites.
8. Risk and ownership
The risk of damage or loss of the Goods will pass to the Client when the goods are delivered by the carriers of the Company and are delivered to the Client, unless otherwise agreed in advance.
9. Warranty
The Company warrants the Electronic Devices against defects for a period of 24 months from delivery of the goods to the Customer. In addition, subject to Condition 11.a below, the Company will, free of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design. However, this obligation will not apply:
- When storage, installation and operation are not met or followed correctly .
- In the event of a discrepancy between the particulars in the documents and the Goods themselves.
- Where the plate with the serial number has been removed or replaced in any way, as well as in cases of breach of the sealing stickers.
- When attempting to remedy the defect by the Customer or other unauthorized persons.
- In case of damage caused by contact with an external body (liquids, fats, limestone, dust to a large extent, insects, etc.), under the influence of an aggressive external environment, or no basic care for the Product.
- In the event of a malfunction due to shocks, mechanical or electrical overloads resulting from negligence, transport or natural disasters (lightning, floods, etc.), electric shock or malfunctions in the power supply or other causes beyond the control of the manufacturer. / service or force majeure. Normally, these risks are born by the offender or by the relevant insurance.
- Failure to follow the instructions in the accompanying installation and operating documentation.
10. Descriptions and images
While we strive to ensure the technical and factual correctness of the content on the Website, we cannot completely rule out errors that may occur on this Website. The information, data and offers provided are therefore for information purposes only. We are not responsible for the accuracy and completeness of this information. We also make every reasonable effort to adequately display our products, including colors. The color you see depends on your computer system and we cannot guarantee that your computer will display these colors correctly.
11. Prohibited Applications
The Goods are not designed, authorised or warranted to be suitable for use in anti-personnel landmines, nuclear facilities or weapons, chemical or biological weapons, missile technology, space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of the Goods could reasonably be expected to result in personal injury, death, severe property or environmental damage. Use or inclusion of the Goods in any such equipment, system or applications is strictly prohibited (unless the Company agrees in writing that such prohibition does not apply to a particular product) and any such use will be at the Customer’s own risk. The Customer will indemnify the Company and its suppliers against any and all liability and expense (including costs) resulting from any such inclusion or use.
12. Export
a) Certain Goods imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, the Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. The Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Supplies.
b) The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods.
13. Intellectual Property
The Company owns full intellectual and industrial property rights including patents, knowhow, trademarks, copyright, and design rights in respect to products branded “LeapMatic” and “MaticBox”. Products offered on the leapmatic.com site under other trademarks are the property of their respective owners
a) All information concerning or embedded in the Products is confidential and is LeapMatic’s proprietary information (“Proprietary Information”) whether or not such information is marked as Proprietary Information. The Proprietary Information includes commercially valuable, substantial trade secrets, the design and development of which reflect the effort of skilled development experts and investment of considerable amounts of time and money.
b) Customer acknowledges that any use or threatened use of the Products in a manner inconsistent with this Agreement or other misuse of the Proprietary Information of LeapMatic will cause immediate irreparable harm to the Company for which there is no adequate remedy of law. Accordingly, Customer agrees that LeapMatic shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach by Customer.
c) Nothing contained herein shall limit Company’s right to any remedies of law, including the recovery of damages from Customer from breach of this Agreement. The obligations set forth in this paragraph shall not apply to the extent that such information: (i) is or becomes available in the public domain other than by the Customer; or (ii) is known or becomes known by Customer independent from any disclosure by the Company.
d) Reverse Engineering and Decompilation. Customer may not modify, disassemble, reverse engineer, analyze, or decompile any part of the Products in any circumstances.
Other product sold may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or license is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business
14. Dispute settlement and applicable law
The company policy and our e-shop are fully compliant with the requirements and rights of European and US consumers. The applicable legislation on disputes and case settlement is the Bulgarian legislation as well as the European directives on consumer rights.
If you have any problem with a product you purchased from the Company online and could not resolve the dispute with the Company, then you can file a complaint with the EU Online Dispute Resolution Platform (“ODR Platform”).
The ODR platform offers consumers and traders within the EU the opportunity to experience and reach out-of-court complaints arising from online purchases. This one-off complaint platform is an easy and interactive website that is free and accessible in all official EU languages. Using the ODR platform, the consumer and the merchant can find the appropriate authority to resolve the dispute and then go through the process of finding a solution to the user’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.