GENERAL AND LICENCE TERMS AND CONDITIONS OF Toret plugins s.r.o.
I. Who are we and what do we offer?
- We are Toret plugins s.r.o., Company ID No.: 088 60 980, with its registered office at Nezamyslova 396, 397 01 Písek, Czechia, incorporated in the Commercial Register kept by the Municipal Court in Prague under file No. C 326539 (hereinafter the “Provider” or “we”).
- We operate the TORET Internet platform, where we mainly provide licences for our additional software (plugins) for the WordPress platform, primarily for the WooCommerce e-commerce solution (hereinafter the “e-shop”) at https://toret.net/ (hereinafter the “Website”).
- We have developed these Terms and Conditions in order to acquaint you, in a comprehensible form, with how you can order licences for our software, what rights you have, and how to proceed in the case of uncertainties. These Terms and Conditions therefore regulate, in accordance with Section 2358 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of an agreement concluded between the Provider and you as a natural person or legal entity (hereinafter the “Eligible Person” or “you”) through the e-shop.
- The subject-matter of the agreement concluded between you as the Eligible Person and us as the Provider is the acquisition of a non-exclusive right to use software, which constitutes digital content, and the provision of our software support and update services (hereinafter the “agreement”).
- These Terms and Conditions only apply to licensing within the European Economic Area.
II. User account
- In order to be able to conclude an agreement, it is necessary that you set up your user account. Thanks to that account and the data you enter in it, we can provide you with a software licence and, most importantly, we can provide you with support in installing the software as well as in the event of any later issues.
- When registering and creating a user account, you are obliged to state all your data correctly and truthfully, and you must update them whenever you change them. We consider the information you provide when placing orders or in your user account to be correct.
- Access to the user account is secured by a username and password – please maintain the confidentiality of the information necessary to access your user account.
- If our software or hardware is being maintained, the user account may not be available at all times. However, we will do everything in our power to ensure that any such unavailability lasts for the shortest possible time.
III. About our contractual relationship
How can you order licences?
- You can purchase licences for our software in the e-shop via the form that appears after you add the software “to the cart” and click on the “cart” icon. You will then enter your billing information in that form. If you already concluded any agreements with us in the past, your information will be filled in automatically thanks to your user account. However, you can always check the information and change it if necessary. The form also contains information about the software, in particular its type or name, quantity and licence fee (price), which you can check. Based on that information, you will create an order (hereinafter the “Order”), and we consider all data that you enter in the Order to be complete, correct, up-to-date and true.
- After you send us the Order, we will send you a confirmation of its receipt to the e-mail address you provided in the Order. If the Order is unusual (e.g. in terms of a large quantity, a high price or unlikely billing information), we are entitled to contact you and confirm the Order with you once again.
- The agreement between us is deemed concluded upon delivery of a confirmation that we have accepted the Order to your e-mail address. By the agreement, we undertake to provide you with the authorisation to exercise the intellectual property right (licence) in the agreed scope and to provide you with support and updates, and you undertake to pay us a fee for the licence and related support provided.
- We conclude the agreement on the provision of services for an indefinite period; we will provide services to you until you terminate the agreement. The billing period is always 12 months.
- You can terminate the agreement at any time, directly in the “My Account” administration in the “Subscriptions” section. We will provide you with our services until the end of the billing period in which you terminated the agreement. Payments for the current billing period in which you terminated the agreement are non-refundable, and we will not refund any money for your partial billing period.
How can you pay for software and our services?
- You can pay the fee (price for the software) in the following ways:
- by cashless payment through the Stripe.com;
- For each payment of the fee (price), we will issue you a tax document – an invoice that will meet all the requirements of tax or financial regulations.
- We are VAT payers. Prices for software and our services published in the e-shop are listed including VAT at the statutory rate.
How will the software be delivered to you?
- After paying the price for the software, we will send you the software by e-mail, or you can download the plugin and your unique licence key after logging in to the My Account section. Based on that licence key, we will provide you with plugin updates and support to the extent specified in these Terms and Conditions below for a period of 12 months from the conclusion of the agreement. The licence key can only be used once and only for one WordPress installation. If you do not use the licence key, we cannot provide you with support according to these Terms and Conditions.
What about withdrawing from the agreement?
- The possibilities and conditions of withdrawal from the agreement shall apply in relation to you only if you enter into the contractual relationship as a consumer. This means that you enter into the agreement outside the scope of your business or outside the scope of self-employment.
- According to the Civil Code, a consumer generally has the right to withdraw from an agreement concluded via the Internet within 14 days of receipt of the goods. However, our software has certain specifics in this respect because it is digital content, so you do not always have the right to withdraw from the agreement.
- As our software constitutes digital content, we have this IMPORTANT NOTICE for you. You have no right to withdraw from an agreement on the provision of digital content that has not been delivered on tangible media because you, as a consumer, by accepting these Terms and Conditions and concluding the agreement with us expressly agree that the software (digital content) will be delivered to you before the expiry of the withdrawal period, and we hereby inform you that in such a case you do not have the right to withdraw from the agreement, all within the meaning of Section 1837l) of the Civil Code.
- If you have the right to withdraw from the agreement within 14 days of receipt of the goods or software, we also provide you with the following information in this respect:
- if you decide to withdraw from the agreement, please use the withdrawal form attached to these Terms and Conditions;
- within 14 days of your valid withdrawal from the agreement, if you have the right to it, we will refund you the amount fully corresponding to the price of the goods and the paid costs for their delivery, in the same manner in which we received the payment from you. You are obliged to send the purchased goods to us at Nezamyslova 396, 397 01 Písek or otherwise hand the goods over to us within the same time limit. The goods should be returned complete and in the original packaging, and must not show any signs of wear or damage. We have the right to assess, within the above time limit, whether the returned goods are undamaged, intact and unused, and whether or not you have caused a reduction in the value of those goods by handling the goods other than necessary with regard to the nature and characteristics of the goods;
- in the event of withdrawal from the agreement, you will bear the costs associated with returning the goods back to us if the goods cannot be returned by regular mail due to their nature.
- If the returned goods are damaged due to your mishandling, we will be entitled to claim compensation for the reduced value of the goods and set it off against the amount refunded.
- Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, you have the right to an out-of-court settlement of a consumer dispute arising from the agreement. In such a case, you may approach the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: email@example.com, web: adr.coi.cz). Out-of-court (alternative) settlement of a consumer dispute is initiated exclusively at the request of the consumer if the dispute has not been resolved directly with the seller. The request may be submitted no later than 1 year from the date on which the consumer first exercised the right under the dispute with the seller. You may initiate the out-of-court (alternative) settlement procedure online using the ODR platform available at ec.europa.eu/consumers/odr/.
Some other conditions concerning the conclusion of the agreement
- All costs for the use of means of communication, which you incurred in connection with the negotiation of a licence agreement and the placing of the Order, shall be borne by you, and these costs do not differ from the basic rate and are not charged by the Provider.
- At your request, we will be happy to make individual modifications to the purchased software; however, any such modifications are not included in the price for the software and the conditions for creating such a modification must be individually agreed with the Provider.
- If the e-shop lists a price where it is obvious that there is an error in typing or numbers, that price is not binding and the agreement will not be concluded.
- Please note that the presentation of our software in the e-shop is of an informative nature only and the Provider is not obliged to enter into an agreement regarding such software. Section 1732(2) of the Civil Code shall not apply. We are also entitled to change information about the software, its parameters, the licence parameters and price at any time.
IV. Technical requirements for plugin functionality
- We provide plugins with a guarantee of compatibility when installing WordPress, WooCommerce and default WordPress templates; we do not guarantee the compatibility of our software with third-party products.
- We can guarantee you functionality and provide support only if you use WordPress 5.3 or newer versions in combination with WooCommerce 4.3 or newer versions.
- We cannot be held liable for any defects or damage caused by modifications to the plugin source codes by you; in the event you change or otherwise interfere with the plugin source code, we will not provide you with support related to defects or errors in the plugins.
V. What are the licence terms and conditions and what support and updates will we provide to you?
- By concluding the agreement, we provide you with a licence to our software (plugins), within the scope of the terms of the GNU General Public Licence, the full text of which can be found here.
- In accordance with the terms of the GNU General Public Licence, the licence is granted as non-exclusive and unlimited in space and time.
- Each licence granted under these Terms and Conditions is tied to one WordPress website and is not compatible with WordPress Multisite.
- For a period of 12 months from the conclusion of the agreement, we will provide you with support with installation and operation through a telephone consulting service; as an e-mail consulting service, please just send us an e-mail to firstname.lastname@example.org, giving at least a general description of the issue, and we will get back to you as soon as possible.
- For a period of 12 months from the conclusion of the agreement, we will also make available to you updates of the plugin concerning which the agreement was concluded.
- We decide on the frequency and scope of software updates.
- Support is available on weekdays from 9AM to 3PM. We cannot guarantee a specific response time but we always try to make it as short as possible.
- Support and updates are not provided if the software licence is free. These plugins are available for free in the e-shop because they can help you in the use of your website.
- These Terms and Conditions are originally made in the Czech language. We have agreed that all arrangements between us as the Provider and the Eligible Person shall be governed by the laws of the Czech Republic, even if the relationship established by the licence agreement contains an international element.
- We will always try to prevent any disputes; however, if they do occur, we have agreed that all disputes will be settled by the locally competent courts of the Provider, even if the relationship established by the licence agreement contains an international element.
- We are not bound by any codes of conduct in relation to you within the meaning of Section 1826 of the Civil Code.
- All rights to our Website, especially copyright to the content, including the layout of the Website, photos, graphics, videos, trademarks, logos and other content, belong to us as the Provider and, without our consent, it is prohibited to copy the Website and its elements or parts in any way.
- In the event an error occurs due to or as a result of an intervention by a third party, or the e-shop is used contrary to its purpose, we cannot be held liable for such errors.
- We are entitled to amend and supplement these Terms and Conditions, and this shall be without prejudice to the rights and obligations arising between us during the period of validity of the previous version of the Terms and Conditions.
- If something is not clear to you or you have further questions, you can contact us at email@example.com at any time.
In Prague, on 1 November. 2020.
On behalf of Toret plugins s.r.o. Tomáš Cirkl, Executive Director