1) Identification of seller:
Name: RA Software s.r.o.,
Address: Nové Sady 988/2, 602 00 Brno, Czech Republic
ID of comp.: 04885414
VAT number: CZ04885414
(hereinafter referred to as "Seller")
2) General instruction
2.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Seller in accordance with § 1751 paragraph. 1 of law no. 89/2012 Coll., Czech Civil Code (hereinafter referred to as "Civil Code") adjust the mutual right and obligation arising or relating to the purchase agreement (hereinafter referred to as "purchase agreement") concluded between the Seller and another person (hereinafter referred to as "Buyer") through the internet shop of the Seller. Internet shop is operated by the Seller on the website – www.forscope.eu (hereinafter referred to as "The Website"), and via the website interface (hereinafter referred to as "website interface").
2.2 These Terms and Conditions are an integral part of the Purchase agreement. By submitting the order, Buyer declares that he agrees and confirms Terms and conditions.
2.3 All documents are delivered to Buyer to his e-mail address stated in his user account or in order (in case the order is not placed through Buyers user account).
2.4 These Terms and conditions do not apply on purchase agreement concluded with consumer.
2.5 These Terms and Conditions might be adjusted through individual Purchase Agreement. The adjusted parts presented in individual Purchase Agreement shall prevail over Terms and Conditions.
2.6 This agreement shall be governed, construed, and enforced in accordance with the laws of the Czech Republic, without regard to its conflict of laws rules.
2.7 All disputes arising out of or in connection with Purchase agreement, which includes these terms and conditions, shall be decided by the general court of the Seller.
2.8 Terms and Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of Terms and Conditions. The Seller is obliged to notify the change of Terms and Conditions on the Website. The Buyer who does not agree with change of the Terms and Conditions, is obligated to notify the Seller of his disagreement with the change of Terms and Conditions, or terminate the contract on these grounds. Actual version of the Terms and conditions are available on the Sellers website, and are also send via e-mail with order confirmation.
3.1 For purposes of this Terms and Conditions the term Goods have this meaning: software license key distributed to Buyer digitally or on physical medium.
3.2 All presentation of the goods on the website is for illustrative purposes only and the Seller is not obliged to conclude a Purchase agreement regarding this goods. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
4) Ordering process
4.1 The Buyer must complete the order form in order to place an order. The order can by placed via user account or e-mail. The order form requires mainly the following information:
4.1.1 On ordered goods – quantity, version, variants if possible4.1.2 On the manner of payment for the ordered goods, details of the desired method of delivery of ordered goods,4.1.3 information on the costs associated with the delivery of goods (these pieces of information are hereinafter referred to as the “order”).
4.2 The Seller always has the right, to ask the Buyer for additional confirmation (in e.g. written form or over the telephone), mainly with regards the quantity of goods, purchase price, estimated
4.3 Ordering contacts:
- web interface: www.forscope.eu
4.4 Opening hours: non-stop.
5) Closing the contract
5.1 The Order shall only be deemed to be accepted when the Seller issues a written acceptance (hereinafter referred to as “Order acceptance”) delivered to the Buyer via e-mail on the e-mail presented in his Order.
5.2 The Seller is obliged to issue and send the Order acceptance within 48 hour after the Order was placed by Buyer or the Order is considered as cancelled.
5.3 After the delivery of Order Acceptance to the Buyer, the Purchase agreement can be changed only by mutual agreement of both parties.
5.4 The Purchase agreement is issued in English or Czech language.
5.5 The original copy of the Purchase Agreement is archived by the Seller for 5 years.
5.6 The Buyer acquires ownership of the goods by paying the entire purchase price.
6.1 All the documents relating to the contractual process and the original copy of Purchase agreement is archived by the Seller in electronic form.
7) User account
7.1 The Purchase Agreement between Buyer and Seller can be conducted through a user account of the Buyer. The Purchase Agreement can be conducted also without usage if a user account.
7.2 The Buyer can access his user interface, upon the registration on Sellers Website. From its user interface Buyer can order goods (hereinafter "user account").
7.3 When creating the user account on the website and ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged keep all the data provided in the user’s account correct and up to date. The data provided by the Buyer in the user account and during order procedure are deemed by the Seller to be correct and up to date.
7.4 Access to the user account is secured by user name and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
7.5 The Buyer shall not allow the use of a user account to third parties.
7.6 The Seller is not responsible for damages caused by breach of the obligations set out in Article 7.4 and 7.5. of these Terms and Conditions.
7.7 The Seller may delete user account, especially if the user account was not used in past two years, or if the Buyer breached the obligations arising from the Purchase Agreement (including Terms and Conditions).
7.8 The Buyer hereby agrees that the user account may not be accessible at all times, mainly with regards to the necessary hardware and software equipment maintenance of the Seller or third parties.
8.1 Website interface provides information about goods, including prices of individual goods. Prices of goods are VAT and all related charges included. Prices of goods are valid as long as they are displayed on the website. This provision does not affect the right of Seller to conclude a Purchase Agreement under individually negotiated conditions.
8.2 The price displayed on the Website doesn’t include packing and shipment fees, as well as fee for the payment type chosen. Additional fees may apply.
8.3 Recommended price displayed on the Website state the price, for which could be the same product obtained on the market (valid on 1. 5. 2015).
8.4 If the price for the product change meanwhile the order is processed, Buyer will be charged the price, which was valid in the moment when placing an order.
9.1 Seller provides a Warranty claim form at: www.forscope.eu
9.2 As a proof of purchase for warranty procedure, please save all materials provided with product, especially the invoice.
9.3 The warranty for products bought by consumers is 24 months, warranty for products bought by legal entities is not provided or, if the national law states other, at the minimum range stated by law.
9.4 Legal entities may contact Seller with warranty demands within 6 months of a purchase, but Seller is not obliged to deal with such a demand.
10) Payment options
10.1 The payment type for the ordered goods and for shipping and packaging is chosen by the Buyer in the order, such as:
- PayU - online payment gate, which offers payment via credit/debit card and quick bank transfers (may vary by country)
- Bank transfer to the Seller's bank account (123456789) (hereinafter referred to as "Seller Account")
- Cash on delivery (hereinafter referred to as “COD”)
10.2 Costs of delivery and packing, as well as shipping, are stated during ordering process and may the subject of change.
10.3 In case of payment COD, the purchase price is due upon the delivery of goods. In case of payment via online payment gate, the payment must be done immediately after concluding a contract, or it won’t be processed by Seller and the purchase will be considered as cancelled.
10.4 In case of the bank transfer, the payment must be made within 5 days from the conclusion of the Purchase Agreement. The Buyer is obliged to state the payment detail of the payment. The Buyer’s obligation to pay for ordered goods is fulfilled when the Seller receives the payment on the specified bank account.
10.5 The Seller is entitled; especially if the Buyer does not provide additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods to the Buyer. The provisions of §2119 paragraph 1 of the Civil Code shall not apply.
10.6 Any applicable vouchers or discounts for the goods cannot be combined, if not specified else.
10.7 The Seller is a payer of VAT. The Seller issues the invoice after full payment of the price. The Invoice will be send to the Buyer's e-mail address.
10.8 In accordance with the law on the sales recordkeeping, the seller is required to issues a receipt to the buyer. Additionally, the seller is obliged to register the revenue in the online database of the regional tax administrator. In case of technical failure, the registration should be made in maximum 48 hours.
11) Delivery methods
11.1 Unless stated otherwise, the goods are delivered to the Buyer at the address specified in the order, and in a manner chosen by the Buyer in order.
11.2 Unless the Purchase Agreement states otherwise, the obligation of the Seller to send the goods to the Buyer commences on the date of full payment of the purchase price, if the payment was credited to the Seller before 11.00 AM Central European Time (CET). This provision shall not apply in case of COD payment.
11.3 Unless agreed otherwise the physical mediums are delivered to Buyer by courier delivery service.
11.3.1 The Goods are sent by the Seller the day when the Purchase agreement is closed (if its closed before 11.00 AM CET), and the Buyer fulfilled the obligation to pay the price, or chose the COD payment method.
11.3.2 Estimated time of delivery is within 3 work days.
11.3.3 The Buyer is not obliged to accept any package that shows signs of damage.
11.3.4 Should the Buyer receive an incomplete or damaged package, the Buyer is obligated to immediately inform the carrier and also the Seller.
11.4 Electronic software delivery (ESD)
11.4.1 Electronic software delivery option excludes the COD payment option.
11.4.2 Electronic software key is sent within 48 hours after the Buyer fulfilled the obligation to pay the price.
11.5 The Goods cannot be picked up in person.
11.6 In the event that the shipping method is negotiated based on the specific request of the Buyer, the Buyer bears the risk and additional costs associated with this method of transport.
11.7 If the Seller must deliver the goods to a place specified by the Buyer in the purchase order, the Buyer is obliged to accept the goods on delivery.
11.8 In case of repeated delivery or delivery by other method than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery, or costs associated with other delivery method.
12.1 The Buyer who is a consumer is entitled to withdraw from the concluded contract within 14 days since receiving the product without stating a reason of a withdrawal by law.
12.2 The Seller offers an extended, 30 day period to withdraw from the concluded contract since receiving the product to consumers.
12.3 Withdrawing can be done by e-mail or by mail to address of the Seller. Seller provides a withdrawing form which is available at: www.forscope.eu
12.4 In both ways of withdrawing (by e-mail or regular mail) it is necessary to send also the Declaration of a customer, filled and signed, by regular mail to the address of the Seller.
12.5 Declaration of a customer is available at: www.forscope.eu
12.6 When resigning, the Buyer has to send the Goods, complete documentation and filled and signed Declaration of a customer form within 30 days after informing the Seller withdrawing.
12.7 The Seller is obliged to return money to the withdrawing Buyer within 30 days after receiving the Goods and filled and signed Declaration of a customer form. Money will be returned to Buyer’s bank account, stated on the withdrawing form.
12.8 The Seller is not obliged to return any money, if the Declaration of a customer form isn’t filled and signed by the Buyer, or any key part of Goods (such as certificate of authority or electronic certificate) is missing, because the Goods is considered as irreversibly damaged.
12.9 The Seller is not obliged to return the full price for Goods, if the returned Goods are damaged. Relative deduction from the full price will be applied.
12.10 The Buyer bears costs in case of returning the Goods to the Seller, unless the law states else.
12.11 Gifts obtained with the Goods are subject to return also, if the original Goods are returned.
12.12 Address of the Seller for returning products or withdrawing is: RA Software s.r.o., Nove sady 988/2, 602 00 Brno, Czech Republic
12.13 Articles 12.1 – 12.11 don’t apply to legal entities. Withdrawing from contract by the Buyer, who is legal entity, is not possible, unless the law state other.
13) Personal data protection
13.1 Personal data protection of Buyer, who is a natural person, is provided by Act no. 101/2000 Coll., On the Protection of Personal Data.
13.2 The Buyer agrees to the processing of their personal data, namely: name, address, identification number, tax identification number, e-mail address, phone number etc. (hereinafter collectively referred to as “personal data”).
13.3 The Buyer agrees to the processing of personal data by the Seller for the purpose of realization of the rights and obligations under the Purchase Agreement, and for the purpose of maintaining the user account. If the Buyer does not choose otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending commercial messages and information to the Buyer. The Seller can provide processed personal data to third parties – business partners of the Seller for the purpose of sending marketing and business proposal to the subject of a personal data. Consent to the processing of personal data in its entirety specified under this Article is not a condition that would make the conclusion of the Purchase Agreement impossible.
13.4 The Buyer acknowledges the responsibility to state all personal data true and correct and to keep all personal data up to date. The Buyer also acknowledges the responsibility to inform the Seller without undue delay should any of the stated personal data change.
13.5 The Buyer’s personal data are provided to the carriers for the purpose of delivery of the ordered goods. The Buyer’s personal data are not passed to third parties without a prior consent of the Buyer.
13.6 Personal data may be kept for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form and non-automated manner.
13.7 The Buyer confirms that the personal information is accurate and that all personal data was provided to the Seller voluntarily.
13.8 In the event that the Buyer thought the Seller or processor (Art. 13.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of their processing, can
13.8.1 ask the Seller or processor for explanation
13.8.2 require the Seller or the processor rectifies the situation.
13.9 If the Buyer requests information regarding the processing of their personal data, the Seller must deliver this information. The Seller has the right to require reasonable compensation not exceeding the costs of providing the necessary information.
13.10 If the national legislation states, consumer can withdraw his approval for personal data processing. Withdrawal must be done by mail, sent to the Seller’s address. The Seller or other data processor, which obtained the data from the Seller has to immediately stop processing the personal data of the withdrawing side.
13.11 The Buyer agrees to receive information related to goods, services or company of the Seller to the Buyer’s e-mail address. The Buyer agrees to receive commercial messages of the Seller to the Buyer’s e-mail address.
13.12 The Buyer agrees with saving, so called, Cookies on his computer. Should it be possible to carry out the entire ordering process and all rights and obligations arising from the Purchase Agreement by the Seller without the need of saving cookies on the Buyer’s computer, the Buyer may withdraw the agreement for saving cookies on his computer.
14. Right of defecting performance
14.1 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the national legislation if Buyer is a consumer or by the Czech legislation if the Buyer is a legal entity (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
14.2 The Buyer is obliged to report such a defective performance as below at latest after two months after discovering it to the Seller, but also at latest after six months from purchase. Any reports of defective performance stated after six months from purchase won’t be accepted by the Seller.
14.3 The Seller is liable to the Buyer for a defect-free condition of goods upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer takes over the goods:
14.3.1 the goods have the properties stipulated by the parties, and in the absence of such a stipulation such properties which the Seller described, or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller
14.3.2 the goods are suitable to be used for the purpose stated by the Seller or to which the thing of such kind is usually used
14.3.3 the goods quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model
14.3.4 the goods has the quantity, measurement or weight
14.4 The Seller expressly declares that he is the sole owner of the goods, and in the acquisition has fulfilled all legal obligations imposed on the purchase of this type of goods.
14.5 In case there is a defect within six months from takeover, the thing is presumed to have already been defective upon takeover.
14.6 Rights arising from defective performance must be asserted by the Buyer at the Sellers address.
14.7 If the Buyer withdraws from a Purchase agreement, the Buyer is obliged to send the Seller notice of withdrawal, and the affidavit that stipulates that the Buyer uninstalled purchased software licence from his computer (“Declaration of a customer”). Form of affidavit can be downloaded on the Sellers website (see art. 12.5). In case of failing this obligation, the withdrawal from the Purchase agreement is deemed not existent, and the Seller is entitled to choose the right arising from defective performance.
14.8 Other rights and obligations of the parties relating to the liability for defective performance can be modified by the Sellers Complaints Procedure.
15. Complaint handling and dispute resolution
15.1 If any dispute from the contract shall arise, the Buyer should contact customer support department of the Seller, which is available by:
- telephone stated on the website of the Seller
- contact form on the website of the Seller
15.2 If a consumer won’t be satisfied with the solution of arose problem, he can visit website http://ec.europa.eu/odr, where the complaint and request for redress can be sent.
16. Final Provisions
16.1 The Seller is not bound by ethic codes within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code, if the Buyer is a legal entity.
16.2 The Buyer assumed the risk of changing circumstances within in accordance of § 1765 paragraph 2 of the Civil Code, if the Buyer is a legal entity.
16.3 If any provision of Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision with a similar meaning. The invalidity or unenforceability of one or more provisions does not affect the validity of the remaining provisions. Amendments to the Purchase Agreement or
Terms and Conditions must be done in writing.
In Brno 05. 12. 2016