Terms and conditions of use

 

Terms and Conditions of the prestahost.eu Online Store

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the seller RNDr. Václav Mach, with registered office at Vrábče-Zastávka, U Rybníka 123, identification number: 734 83 460 (hereinafter referred to as "Seller") govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller at the internet address https://prestahost.eu/, through the web interface (hereinafter referred to as "Web Interface of the Store").

1.2. Provisions deviating from the Terms and Conditions can be negotiated in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The binding version of the Terms and Conditions is the Czech language version published at https://prestahost.eu/cs/content/3-obchodni-podminky. Other language versions of the Terms and Conditions are for informational purposes only for the needs of the Buyer. In the event of any discrepancy between the other language versions of the Terms and Conditions and the Czech language version of the Terms and Conditions, the Czech language version shall apply.

1.3. The Seller may revise or supplement the wording of the Terms and Conditions. Such revision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

1.4. The Web Interface of the Store offers a specific type of software, hereinafter referred to as Modules. Modules extend the functionality of the Prestashop engine (www.prestashop.com), hereinafter referred to as Prestashop. The following product:

  • ThePay module for Prestashop is intended solely for business entities that purchase this product in the context of their business or other entrepreneurial activities, or as part of their independent professional activities.

2. USER ACCOUNT

2.1 Based on the Buyer's online registration, the Buyer can access their user interface. From their user interface, the Buyer can place product orders (hereinafter referred to as "User Account"). If the Web Interface of the Store allows it, the Buyer can also place orders without registration directly from the Web Interface of the Store.

2.2. During registration on the website and when ordering products, the Buyer is required to provide accurate and truthful information. The Buyer is obliged to update the data provided in the User Account with any changes. The data provided by the Buyer in the User Account and when ordering products are considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.

2.4. The Buyer is not authorized to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account if the Buyer breaches any provisions of these Terms and Conditions.

2.6. The Buyer acknowledges that the User Account may not be continuously available, especially with regard to necessary maintenance of the Seller’s hardware and software or necessary maintenance of third-party hardware and software.

3. CONCLUDING THE PURCHASE AGREEMENT

3.1. The Web Interface of the Store contains a list of products (Modules) offered by the Seller for sale, including the prices of the individual products offered. The prices of the offered products are stated including value-added tax and all related fees. The offer for the sale of products and the prices of these products remain valid as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller’s ability to conclude a Purchase Agreement based on individually negotiated terms. All offers for the sale of products placed within the Web Interface of the Store are non-binding, and the Seller is not obliged to conclude a Purchase Agreement regarding this product.

3.2. To order products, the Buyer fills out the order form in the Web Interface of the Store. The order form contains in particular:

  • Information about the ordered products (the Buyer "places" the ordered products into the electronic shopping cart of the Web Interface of the Store),
  • Information on the payment method of the purchase price of the products,
  • Information on the required method of delivery of the ordered products.

3.3. Before sending the order to the Seller, the Buyer is allowed to check and change the data they entered in the order, including the ability to identify and correct data entry errors. The Buyer sends the order to the Seller by clicking on the "Confirm Order" button. The data provided in the order are considered correct by the Seller. The Seller will promptly confirm receipt of the order to the Buyer by electronic mail to the Buyer's electronic mail address specified in the User Account or in the order (hereinafter referred to as "Buyer's electronic address").

3.4. The contractual relationship between the Seller and the Buyer arises upon the delivery of the order acceptance (confirmation) which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

3.5. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).

3.6. The Buyer agrees to the use of remote communication means for concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with the concluding of the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer themselves.

4. PRODUCT PRICE AND PAYMENT TERMS

4.1. The price of the products and any costs associated with the delivery of products under the Purchase Agreement can be paid by the Buyer to the Seller in any available manner (payment channel) provided in the Web Interface of the Store.

4.2. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the products together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.3. The Seller is entitled to require the payment of the entire purchase price before dispatching the products to the Buyer.

4.4. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document - invoice to the Buyer regarding payments made under the Purchase Agreement. The Seller is a value-added tax payer. The tax document - invoice will be issued by the Seller to the Buyer after the price of the product has been paid and will be sent in electronic form to the Buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that according to Section 1837 (h) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible to withdraw from a Purchase Agreement for the delivery of certain goods, including computer programs. Hence, modules sold in the online store fall into this category. Therefore, it is not possible to withdraw from the Purchase Agreement from the moment the goods have been sent to the Buyer electronically and/or made available in the User Account interface.

6. TRANSPORTATION AND DELIVERY OF PRODUCTS

6.1. Modules are provided to the Buyer solely in virtual form – by electronic mail and/or by making them available in the User Account. Transportation costs are not charged by the Seller.

7. LIABILITY FOR DEFECTS, WARRANTY AND UPDATES

7.1. The Buyer has the opportunity to become familiar with the functionality of the product before purchasing and to test it if necessary. The method of testing a specific product is specified in the product description on the Web Interface of the Store. The Seller offers the product in good faith that it is suitable for the described purpose. However, it is solely up to the Buyer to assess whether the product will be suitable for their specific needs.

7.2. The rights and obligations of the contracting parties regarding the Seller's liability for defects are governed by relevant generally binding regulations, especially Act No. 89/2012 Coll. The Seller is liable for defects that the goods have at the moment the risk of damage to the goods passes to the Buyer, even if the defect becomes apparent after that time. The Seller's liability for defects does not arise if the defect was caused after the acceptance of the goods by improper operation and installation (Article 7.3 of the Terms and Conditions), improper maintenance, accidental damage, or unauthorized third-party interference. The Buyer's rights arising from the Seller's liability for defects are asserted by the Buyer with the Seller at the email address info@prestahost.cz.

7.3. The Seller's liability for any damages that the Buyer may incur due to the non-functionality, limited or faulty functionality of the delivered modules:

  • In case of module installation on a Prestashop version identical to the version declared by the module, the Seller’s liability is limited to the price of the given module. If the Prestashop installation on the Seller side has been modified in any way, the Seller’s liability ceases. The Seller’s liability also ceases if the module is installed on Prestashop with a non-default template, unless it is clear that the defect could not be related to the template.
  • In case of module installation on a Prestashop engine version that is not declared by the module, the Seller bears no liability.
  • In case the module has been modified by the user, the Seller bears no liability.
  • The Seller is not liable for loss or damage of user data. It is the sole responsibility of the user to properly back up their data before installing the module. Modules are thoroughly tested and delivered by the Seller in good faith that their installation cannot lead to data loss. Nevertheless, it is absolutely essential to properly back up both the files and the database of the e-shop on which the module is being installed.

7.4. The Seller’s liability for any damages, direct or indirect, caused by or associated with data loss or unavailability or faulty functioning of the Buyer's website is always limited to the amount paid by the Buyer to the Seller for the particular module. This limitation of the Seller’s liability for damage does not increase even if, in connection with the module, the Buyer incurs any obligations towards third parties, including, for example, the obligation to pay compensation, penalties, fines, including fines imposed by the Tax Office, contractual penalties, contract termination fees, litigation costs, attorney fees, etc. The Seller’s liability for damage does not increase even if, in connection with the purchased module, the Buyer incurs a demonstrable loss of profit or demonstrable expenses related to restoring lost data.

7.5. Unless otherwise specified in the product description, module updates are provided free of charge for 12 months from the date of the order.

8. LICENSE AGREEMENT AND COPYRIGHT

8.1. The license is concluded for one website. In the case of a multishop, the Buyer is authorized to use the module for all e-shops with a shared admin panel.

8.2. The license is concluded as a non-exclusive license for an indefinite period.

8.3. Copyright to the provided software, accessories, or documentation belongs to the Seller (Václav Mach, prestahost.eu). All logos, registered trademarks, trademarks, other marks, and product names belong to their respective owners. No rights to use the Seller's or third-party trademarks arise to the Buyer upon the licensing. Copyright is regulated by the legal regulations of the Czech Republic, in particular Act No. 121/2000 Coll., the Copyright Act, and Act No. 40/2009 Coll., the Criminal Code.

8.4. The Buyer is not authorized to rent, lend, or sell the modules to third parties or distribute them in any other way. The Buyer has the right to transfer the rights to use the software only if this is done together with the domain(s) on which the module is installed.

8.5. The Buyer is not authorized to remove, change, cover, or otherwise interfere with any copyright or other notices placed or stored anywhere in the provided software or documentation distributed with it. The Buyer is authorized to study, modify, and change the code of the purchased software only to improve its functionality within the website for which the software was purchased.

8.6 If the Buyer does not meet the aforementioned license terms, the Seller may seek compensation for any lost profits.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

9.1. The Buyer is not authorized to use mechanisms, software, or other procedures in utilizing the Web Interface of the Store that could negatively affect the operation of the Web Interface of the Store. The Web Interface of the Store may only be used to the extent that it does not negatively affect the rights of other customers of the Seller and is in accordance with its intended purpose.

9.2. The Buyer acknowledges that the Seller is not responsible for errors caused by third-party interventions in the website or due to the use of the website contrary to its intended purpose.

10. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL COMMUNICATIONS

The document "Protection of Personal Data" as specified on a separate web page entitled Protection of Personal Data is an integral part of these Terms and Conditions.

11. LICENSE FOR MODULES

"License Terms for Modules" is an integral part of these Terms and Conditions.

12. FINAL PROVISIONS

12.1. If a relationship related to the use of the website or a legal relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.

12.2. The Seller is authorized to sell products based on a business license, and the Seller's activity is not subject to any other licensing. Business inspections are carried out within the scope of their competence by the relevant trade licensing office.

12.3. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning closely resembles the invalid provisions as much as possible. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Changes and amendments to the Purchase Agreement or the Terms and Conditions require a written form.

12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5. Contact details of the Seller: mailing address: Vrábče – Zastávka, U rybníka 123, email address: info@prestahost.cz, phone: 602 933 740.

This version of the Terms and Conditions comes into effect on June 19, 2024.