General Terms and Conditions
General terms and conditions for selling goods and providing services by Capricorn Pro s.r.o. company.
I. Introductory provisions
These general terms and conditions apply to selling of software and services (also known as “goods”) in internet shop (eshop) operated by Capricorn Pro s.r.o. based at Prvomájová 1353/4, 153 00 Praha 5 – Radotín, business identification no. 06748619 entered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 287981. Later on, used as “Capricorn Pro” or “seller”.
eShop web pages are operated at www.capricornpro.com.
Users of eShop are physical person or legal person who want to buy a software licence or a service. Later on, used as “buyer”.
Both parties – seller and buyer – are together called as “participants”.
Participants explicitly claims according to § 262 clause 1 of Commercial Code that if there is no special conditions in these terms and conditions, they will follow mainly § 409 and succeeding paragraphs of the mentioned code.
II. Goods Ordering
Orders made through this internet eShop are firm for the buyer.
Buyer claims he/she is acquainted and agrees with these general terms and conditions by submission of the order.
Place of delivery is address (usually e-mail address) stated in order form.
By filling ordering form the buyer agrees with processing and storing of personal data (see Personal Data Processing).
All prices are without VAT if it is not said otherwise.
III. Seller‘s rights and duties
Seller has the duty to execute the order and send the goods (if applicable) on buyer‘s address or provide the service according to its parameters.
If it is not agreed otherwise, the order is executed after paying of pro forma invoice.
Seller has the right to cancel the order if the execution of the order is not feasible. If the buyer has paid for the order, seller is obligatory to return the whole amount within 5 (five) days from ascertainment of such situation.
IV. Buyer‘s rights and duties
Buyer has to state real and complete data.
Buyer has to take the goods and pay the price stated on the order.
Buyer knows the total price before confirmation of the order.
Buyer has right to delete his/her personal data from the database of the Seller, if this data are not mandatory for securing provability of accounting document according to Accountant Code or Tax Code.
V. Withdrawal from a contract
There is not possible to apply regulation of section 6 of amendment of Citizen Code no. 367/2000 about withdrawal from a contract within two weeks from taking delivery in case of electronic software.
There is possible to return nonregistered and unimpaired software products within 14 days from ordering that were not distributed for particular customer. Registered software or software adjusted/customized for particular customer or software ordered according to given registration data or electronically distributed software/licences cannot be returned.
Guarantee is related to broken installation media or broken packaging only and even if this brokenness impedes using the software. Broken packaging of the product is necessary to claim at delivery service company.
Money for returned goods within 14-days period or for justified claimed goods will be returned within 14 days. The amount of returned money is including delivery fees.
VI. Tax Documents
Tax Documents are distributed electronically if it is not required by a buyer otherwise. These documents comply with Accountancy Code and can be anytime printed and applied.
The paper form if the tax document will be sent on request.
VII. Other provisions
Divergent provisions can be arranged in purchase contract. Divergent provisions take precedence over general provisions in General Terms and Conditions.
Seller can these conditions change or supplement. These changes have no impact on rights and duties valid during previous version of this document.
Buyer is obliged to provide correct and complete data during registration and ordering goods.
Buyer is obliged actualize his/her data in his/her user account when the data has changed.
Data entered by a buyer is considered by Seller to be correct.
Access to user account is secured by user name and password. Buyer has duty of confidentiality about these data.
Buyer is not obliged to enable using his account by the third party.
Seller can cancel the user account, especially when the account is not used for more then one year or when the Buyer broke these terms and conditions.
Buyer takes into account that user account does not have to be online continuously because of necessary hardware or software maintenance.
Entire presentation placed in eShop is informal and Seller is not obliged to conclude a contract related to presented goods and services. Regulation of § 1732 section 2 is not used.
Buyer can check and change the data of the order before the order is placed by a button Place order.
Seller confirms placed order via e-mail to provided e-mail address in order by Buyer.
Seller can according to nature of the order (amount, price, delivery fee…) ask the Buyer for additional confirmation of the order (e.g. in written form).
Contractual relation between Seller and Buyer results from delivery and acceptation of the order that is sent by Seller via e-mial on e-mail address provided by Buyer.
Buyer agrees on using communication tools for making a contract on remote basis. Expenses for such a communication on buyer’s side are covered by Buyer.
Settlement of disagreement out of court is competent by Česká obchodní inspekce, address Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, http://www.coi.cz.
These general terms and conditions are valid from 6th of February 2018.