GENERAL TERMS OF SALE

By using this website or by purchasing L8 products and services from the online shop at this website https://l8.ltd, you accept and agree with these General Terms of Sale, End-User Service Agreement, Personal Data Privacy Statement, and applicable terms and conditions, policies or disclaimers found at the website or referenced in these General Terms of Sale (hereinafter referred to collectively as the ‘Terms’). L8 encourages you to read the Terms carefully and not to use L8 website and online shop if any disagreement with the Terms.

I. GENERAL INFORMATION AND DEFINITIONS

1. The capitalized terms listed below are used herein in the following respective meaning:

L8 - L8 LLC, a limited liability company, principal office address: Mykoly Vasylenka Str., 7A, Kyiv, Ukraine.

User - a natural person who has become or going to become the party to the L8 End-User Service Agreement and / or the customer for all orders at our online shop at the Internet address https://l8.ltd/m (hereinafter referred to as the ‘Online shop’). Users within the meaning of the Terms are natural persons who have reached the age of 18.

Applicable Law – the law of Ukraine unless effective and applicable regulation prohibit L8 and / or the User to exercise choice of law to some specific provisions hereof (in this case the ‘Applicable Law’ shall mean the law of Ukraine where allowed and relevant another law where required)).

2. The Terms consist a public offer to conclude a purchase agreement between L8 and the User as to L8 Software and other L8 products available for ordering and purchasing at this website (hereinafter referred to as the ‘Purchase agreement’).
The Terms apply between L8 and each User which are the party to the Purchase agreement.
When downloading L8 Software, the User becomes the party not only to the Purchase agreement, but also to the End-User Service Agreement.
This Terms in not an agreement on intellectual property rights transfer.
All the terms of confidentiality and data protection referring to the Purchase agreement are covered by Personal Data Privacy Statement.

3. Unless otherwise agreed, deviating terms and conditions do not apply.

II. ORDER

1. By ordering L8 product at the Online shop, the User makes an accept to conclude the Purchase agreement under the provisions set hereof.

2. The User orders the L8 products in such a manner:

a) Licenses and other digital products may be ordered in two ways:
- “BUY A SERIAL NOW!”, where the User has to select the product and choose a quick payment form (without registration within L8 Online shop);
- “ADD TO CART”, where the User has to register within L8 Online shop and then obtain a payment form.

b) Boxed products / products on USB Dongle may be ordered in “ADD TO CART” way, where the User has to register within L8 Online shop and then obtain a payment form.

3. While ordering the User fills in the information required to perform the payment and delivery if needed. After all the information filled in, the User receives a summary order to be paid which includes:
- a listing of the selected L8 products,
- the composition of the total price,
- the method of payment chosen,
- the invoice and delivery address,
- information as to the Terms.

4. To check the order status, the User may use the form at https://l8.ltd/m/sales/guest/form/.

III. PRICES AND PAYMENT METHODS

1. The prices quoted at the Online shop are listed in Euro including the legal value added tax plus shipping costs. The shipping costs also include the statutory sales tax.

2. L8 takes all reasonable care to ensure that the price of the product advised to the User in the order is correct. However, if the product’s price at the User’s order is higher than the price stated at the Online shop, the User shall contact L8 support by email on office@l8.ltd to correct the price. L8 shall resend the correct order to the User’s email. In case the User has paid the wrong price, the User may ask to refund the amounts paid extra by sending a request to L8 support (by email on office@l8.ltd).

3. The price of the product stated at the User’s order in the invoice as set forth in the clause 2 of Section II is valid for the User.

4. All prices invoiced shall be prepaid in full by the User by payment transfer with the use of payment systems on site from fondy.eu and 2CO.com.

IV. PRODUCTS PROVIDING, DELIVERY, SHIPPING RISK

1. L8 provides the L8 products as follows:

(a) Boxed products / products on USB Dongle shall be delivered to the User as soon as reasonably possible. L8 shall give such products to the carrier (commissioned logistics partner) for delivery no later then on the following business day after L8 receives the payment. Such products shall be delivered under the shipping costs stated it the order as set forth in the clause 2 of Section II. The shipping costs include the statutory value added tax.

(b) Licenses and other digital products shall be available for the User for downloading / obtaining by the User after the payment as soon as possible, but no later then on the following business day after L8 receives the payment. Particularly, L8 shall send to the User’s email a serial key number according to the order.

2. The risk of accidental destruction or accidental damage of L8 products passes to the User upon the first carrier (commissioned logistics partner) receives from L8 the product ordered by the User in due to delivery.

3. If the supply of L8 products is delayed by an event out of L8’s control including shipment accidents then L8 being aware of such issues shall contact the User as soon as possible to let the latter know thereof. L8 shall take steps to minimize the effect of the delay as far as feasible. Provided L8 takes such steps L8 will not be responsible for delays caused by the event.

4. In the event of non-proper delivery, namely:

a). if the User is provided with incomplete delivery (less amount of products ordered or not full set), the User shall have the right to demand L8 to provide the item missed. In such a case, the User has to refer to L8 support by email on office@l8.ltd within 30 (thirty) calendar days after the order on such product was done by the User at the Online shop. L8 support during 48 hours shall resolve the issue, that is to transfer to the carrier (commissioned logistics partner) the missing item. Anyway in case accidental destruction or accidental damage of L8 products resulting in such missing was done after the first carrier (commissioned logistics partner) receives the product ordered by the User in due to delivery, L8 is not liable for any damages, issues, incomplete delivery. In such a case that no items shall be sent by L8.

b). if the User is provided with a greater amount of products ordered, the User shall inform L8 support by email on office@l8.ltd as to such an issue within 30 (thirty) calendar days after having a greater amount receiving. In such a case, L8 has to refer to the User and to organize back shipment within 30 (thirty) calendar days after being informed thereof unless otherwise agreed by the User and L8.

с). if the User is provided with the product not ordered by her / him, the User shall inform L8 support by email on office@l8.ltd as to such an issue within 30 (thirty) calendar days after having received wrong product. In such a case, L8 has to refer to the User and to organize back shipment within 30 days after being informed thereof unless otherwise agreed by the User and L8.

V. REFUND POLICY

1. L8 refers to the quality of L8 products and L8 reputation very carefully and with a full responsibility, and wishes each User be satisfied with his / her purchase.

2. Before making a purchase at the Online shop or downloading L8 software, each User shall read this section. If the User has any question as to L8 products characteristics or other purchase issues, he or she has to refer to L8 support by email on office@l8.ltd in order to get such issue clear.

3. Ordering products at the Online shop or downloading L8 software is the confirmation of these terms acceptance by the relevant User having neither issues with L8 products characteristics described on the web-site nor other issues on a purchase.

4. If the User is not satisfied with his / her purchase at the Online shop, the User has the right to obtain a refund as set forth by this section. The refund is made only in the event of L8 product defect, unless otherwise provided in this section, and only if it is held in the refund period under the terms set forth by this section.

V. a) Boxed products / products on USB Dongle

1. The boxed products or products on USB Dongle purchased at the Online shop are not the subject of refund unless such product was purchased and delivered technically defected in full resulting the impossibility of its use. This defect shall be an objective one, i.e. not caused by the wrong intentional or non-intentional actions of the User.

(i) L8 assistance

1. At first, if the User finds out a technical defect of L8 boxed product / product on USB Dongle resulting the impossibility of its use, he or she has to refer to L8 support by email on office@l8.ltd describing this defect in detail (hereinafter – Letter on assistance). Such letter should be sent within 30 days after the order on such product was done by the User at the Online shop.

2. In case the assistant of L8 support does not resolve the defect in full during 2 (two) weeks after the Letter on assistance was sent (hereinafter – L8 assistance period), the User may ask for a refund (Refund in case of full defect).

(ii) Refund in case of full defect

1. If the L8 assistance does not solve the defect within L8 assistance period, the User may ask for the Refund in case of full defect. In this case the User shall refer to L8 support by email on office@l8.ltd with the Refund form defined in the section ‘V. c) Refund form’. Such Refund form shall be sent no later than 1 (one) week after the L8 assistance period ends.

2. The User shall return (send back) to L8 the L8 product in a matter with all components (USB stick, CD, manuals, software carton etc.) that comprised the original shipment. The shipping evidence (documents) as to returning the L8 product in the matter shall be sent by the User with the Refund form.

3. Refunds shall be made by L8:
- in the same manner as the product was originally purchased (with the use of bank details used for purchasing of L8 product in the matter), unless otherwise agreed with the User;
- within the period from one to three weeks after the L8 received the L8 product in a matter which is returned by the User with all components (USB stick, CD, manuals, software carton etc.) that comprised the original shipment.

V. b) L8 software / License

1. The L8 software / License (upgrades, licenses and / or other products being purchased and obtained by the User online without shipment) downloaded on L8 website / purchased at the Online shop are the subject of refund if the User is not satisfied with the purchase or in case of any other reason.

2. To receive the refund the User has to refer to L8 support by email on office@l8.ltd with the Refund form defined in the section ‘V. c) Refund form’. Such letter should be sent within 14 days after the L8 software / License was purchased by the User at the Online shop, no matter when the User intents to activate its product (L8 software / License).

3. Refunds shall be made by L8:
- in the same manner as the product was originally purchased (with the use of bank details used for purchasing of L8 product in the matter), unless otherwise agreed with the User;
- within the period from one to three weeks after the L8 received the Refund form from the User.

V. c) Refund form

1. The Refund form shall include the following content:
• L8 LLC, E-Mail: office@l8.ltd
• Hereby I / we (*) revoke the contract concluded by me / us (*) on the purchase of the following goods (*) / the provision of the following service (*)
• Ordered on (*) / received on (*)
• Name of the User (s)
• Address of the User (s)
• Signature of the User (s) (only if communicated on paper)
• Date
________________________
(*) Delete where inapplicable.

2. The User intending to refund boxed products / products on USB Dongle should add (enclose) the shipping evidence (documents of shipping being sent) as to returning the L8 product in the matter as the annexes to the email with the Refund form.

V. d) Consequences of the refund

1. The refund of the L8 products results in the Purchase Agreement termination as well as End-User Agreement termination if any. Any obligations of L8 under the Purchase Agreement / End-User Agreement at the same time are canceled with no possible reimbursement or bearing the responsibility for no providing services or fulfillment of other obligations, and the User is obliged to stop using any L8 products, namely L8 software, and to destroy any copies of L8 software.

V. e) Warnings

1. L8 at any cases will not refund:
- any shipping or handling expenses that may have been charged to the User due to returning the L8 product in the matter for the refund;
- any bank fees that may have been charged (1) to L8 due to the L8 product purchase by the User and (2) to the User due to the refund of such product (bank fees under incoming / refund payments);
- the L8 products (boxed products / products on USB Dongle) price in case the product in a matter was returned by the User not with all components (CD, manuals, software carton etc.) that comprised the original shipment;
- the L8 products if the User has delayed the time period for sending the Refund form as set forth by the section III.

2. Product not purchased directly at the Online shop must be returned to the retailer and is subject to the retailer’s return policy.

VI. RETENTION OF TITLE

1. All L8 products ordered remain the property of L8 until full payment is tendered to L8.

2. The obligation of L8 to deliver ordered L8 products to the User is considered fulfilled upon the first carrier (commissioned logistics partner) receives from L8 the product ordered by the User in due to delivery.

3. In the event of a payment dispute, the User is required to return the products that are the subject of dispute to L8 immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.

4. The User is entitled to resell the L8 boxed products / products on USB Dongle in the ordinary course of business. In such a case the User assigns any and each of its rights and obligation under these Terms to the new User, and L8 accepts the assignment. This assignment applies regardless of whether the L8 boxed products / products on USB Dongle have been resold without / after processing. However, L8 is not liable for any damages of L8 products caused by wrong intentional or non-intentional actions of the User or the new User.

5. Drawings, illustrations, calculations, technical documentation, other descriptions, invoices, and other documents regarding the fulfillment of these Terms are confidential. The documents may only be disclosed to third parties under L8 writing consent unless otherwise provided by the Applicable Law. In addition, L8 reserves all property and intellectual property rights to all drawings, company documents, illustrations, technical documentation, software and other IPR objects included or used in L8 products or this website.

VII. RESPONSIBILITY AND DISPUTE RESOLUTIONS

1. L8 and the User are responsible for violation of their obligations prescribed by these Terms to the extent and on the grounds set forth by these Terms and the Applicable Law. In this case, a violation of the obligation is its non-performance or improper performance, that is, performance in breach of the provisions determined by the content of the obligations.

2. The party guilty of non-performance or improper performance of its obligations under the Terms shall be obliged to compensate the other party for any damages arising from such violation.

3. Neither party shall be responsible for failure or improper fulfillment of the provisions of the Terms, if it caused a by force majeure: natural disasters, fires, wars, military operations of any nature, blockades, epidemics, pandemics, quarantine, state of emergency and, other events that did not occur because of the party’s fault. The party subject to force majeure shall notify the other party within 3 days after the party has been aware or could be aware of force majeure. Force majeure shall be confirmed by a certificate issued by a competent authority designated under Applicable Law or the law the User’s coutry residence. In case of force majeure, the term of the obligations shall be durated within force majeure terms, but not more than 3 (three) months.

4. Limitation of Liability
Under no circumstances shall L8 or its affiliates be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the L8 products, even if L8 has been advised of the possibility of such damages. The above limitation shall apply to the extent permitted by Applicable Law in every specific case.

5. Disclaimer of Warranties:

a) The User acknowledges and agrees that the L8 Software is provided on an “AS IS” basis, and that the User’s use of the Software and any third party content and services accessed thereby is at User’s sole risk and discretion.

b) L8 and its affiliates hereby disclaim any and all representations, warranties and guaranties regarding the L8 products, whether express or implied or statutory, and including, without limitation, merchantability, fitness for a particular purpose and non-infringement.

c) L8 and its affiliates make no warranty that:
- L8 products will meet User’s requirements;
- L8 Software and Licenses will be uninterrupted, accurate, reliable, timely, secure of error-free;
- the quality of any products, services, information or other material accused or obtained by the User through the Online shop will be as represented or meet User’s expectations;
- any errors in L8 products will be corrected.

6. Abovementioned disclaimer shall be effective to the extent permitted by Applicable Law in every specific case.

7. Any disputes or disagreements that may arise in connection with the implementation of these Terms shall be resolved by negotiation by sending written email claims. Each written claims shall be considered and answered by the party-receiver during 30 (thirty) calendar days after its receipt.

8. If the parties fail to reach dispute resolution by negotiation, the dispute shall be settled by the Ukrainian courts unless other exclusive jurisdiction is provided for in an international treaty agreed by Ukraine and the country of the User residence.

VIII. STORAGE OF AGREENMENT

1. We save the contract text and send the customer the order data and our terms and conditions by e-mail. The terms and conditions can be viewed and downloaded at any time on our website https://l8.ltd/m.

IX. TERMINATION

1. This Terms becomes in force upon the User’s order at the Online shop and is to be valid until the User uses L8 product purchased at the Online shop.

2. Either party (as applicable) may terminate the Purchase Agreement immediately by noticing the other Party on the email: (a) if the other party is insolvent or is threatened to be insolvent; (b) if the User fail to pay any undisputed amount under these Terms on the due date for payment; (c) the other party repeatedly breaches any of the terms of these Terms. The Purchase Agreement is considered to be terminated after 14 (fourteen) calendar days after the noticing have past. The consequences of such termination are the same as set forth by the section ‘V. d) Consequences of the refund’.

X. MISCELLANEOUS

1. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall remain in full force to the extent permitted by the Applicable Law.

2. Any amendments or modifications to these Terms shall be deemed valid upon its publishing by L8 at this website or in case of the parties’ mutual consent executed in the form of an additional agreement or an annex hereto. In case the User has ordered L8 product and paid for it in a proper way, the version of the Terms valid at the date of such payment shall apply to the L8 and the User regarding this L8 product no less that up to the end of the Refund period.