Terms and Conditions

SCS Software s.r.o.

headquartered in Prague 2, Náměstí I.P.Pavlova 5, Zip code: 120 00

Company registration number: 28181301

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, insert 131111

 

  1. Introductory Provisions

  • These General Terms and Conditions (hereinafter "GTC" or "The Business Conditions") apply to the purchase in the online store operated on the Web site located at:https://eshop.scssoft.com and regulate the mutual rights and obligations of the seller, which is SCS Software s.r.o., ID: registered office IP Pavlova Square 1789/5, 120 00 Prague 2, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 131111 (hereinafter " Supplier“) and the Customer, as defined below, in connection with or arising under a contract.

  • Customer - Consumer - the person who at the conclusion of the contract is not in his commercial or other business activity. It is a natural or legal person who buys goods or services for other purposes than doing business with these products or services (hereinafter the "Customer - Consumer" or the "Customer").

  • Legal relationships of the Supplier with the Customer - Consumer not explicitly regulated by these GTC shall be governed by the relevant provisions of the Act. no. 89/2012 Coll., Civil Code, Law no. 634/1992 Coll., on consumer protection, as well as related regulations, all as subsequently amended.

  • Customer - entrepreneur is a person who is not a consumer who independently carries out on its own account and responsibility of gainful employment a trade or similar means with the intention to do so consistently for profit, or an entrepreneur also considered every person who enters into a contract related to its own commercial, industrial or similar activities, or if a separate exercise of their profession, or a person acting for or on behalf of the entrepreneur (hereinafter "Customer – entrepreneur"). These GTC are not applicable for Customer – entrepreneur.

  • These GTC are an integral part of the purchase agreement and Customer concluding a purchase contract confirms that he is acquainted with these GTC and agrees with them. These GTC are adequately told to Customer prior to carrying out orders and the Customer has the opportunity to become acquainted with them.

  1. The Subject of the Purchase Contract

  • In finalizing the agreement in accordance with these terms and conditions, the Supplier is committed to deliver the ordered goods to the Customer and the Customer is supposed to pay the agreed price for goods and services and to accept the goods.

  1. Offer of Goods

  • The subject of the Customer´s order can be only the goods listed on e-commerce website https://eshop.scssoft.com .

  • The goods is meant exceptionally for personal use. For the sale of any product in e-shop, quantitative restrictions on max. 5 pieces in one order are set.

  • Supplier continually updates the websites of the online store  https://eshop.scssoft.com  so that herein goods correspond to the actual menu. Supplier shall inform the Customer about the approximate time of Stock loading. This time is approximate and may vary by type of goods.

  • Demonstration, installation or assembly of the delivered goods are not the obligations of the Supplier.

  • All the characteristics of the goods listed on the website of the online store, its description, dimensions, technical data, characteristics, treatment is placed on the basis of information available from suppliers. This information is regularly reviewed and updated, but some inaccuracies can not be excluded. In such a case the Supplier reserves the right to change and after finding inaccuracies is obliged to correct or add such information.

  1. Order and Conclusion of the Purchase Contract

  • The Customer is entitled to send an order to the Supplier only via ordering system of the e-shop.

  • When creating an order using the form on the website of the online store, the Customer selects the goods in which he is interested. After selecting the desired quantity, shipping method and payment method, Customer confirms his order and thereby submits a binding purchase contract between Customer and Supplier. The Customer is obliged to be correct and to use true information, especially when ordering goods. Data necessary for the conclusion of a contract given by the Customer are considered by the Supplier to be correct. Before sending the order to the Supplier, the Customer is allowed to check and modify data, which the Customer inserted into the order, even considering the possibility of Customer to detect and correct errors in entering data into the order.

  • Supplier agrees to accept the draft contract of the the Customer, if his proposal is not inconsistent with the terms. The Supplier confirms the acceptance of the draft by e-mail to the e-mail address of the Customer mentioned in the order.

  • The contractual relationship between the Supplier and the Customer arises from delivery of the order acceptance (ie. Acceptance), which is sent to the Customer by e-mail to the address stated in the order.

  • Customer agrees with the use of the remote communication means in concluding of the purchase contract. Cost incurred to the Customer when using remote communication means in connection with concluding a purchase contract (cost of internet access, telephone costs) are borne by the Customer, and these costs do not differ from the standard rate.

  1. Place of Fulfillment

  • The place of fulfillment of the Supplier shall be its headquarters at I.P. Pavlova Square nr. 1789/5, 120 00 Prague 2, where the Supplier conveys the packed goods to the carrier for transport to the Customer.

  • Customer to Supplier obligation to hand over the goods is met at the handover to the first carrier.

  • Overall weight of one delivery must not exceed 15 kg; if this amount is exceeded, then the Supplier is obliged to inform the Customer about this fact and the Customer splits the Order into more self-standing orders, that follow the weight limit.

  1. Price and Payment

  • Prices of goods in the shop of the Supplier are contracting, final, always current and valid for a period, in which are offered by the Supplier in the online store. Prices of goods listed on the website include VAT at the statutory rate, unless expressly stated "no VAT".

  • The price of goods will be added to the price for transport and packing selected by the Customer and to the price of handling. The Customer can accept the goods only after proper payment.

  • The Customer must pay the purchase price for the goods and the cost of transportation and packaging in advance to the Supplier's account. Payment on delivery is not possible. The Supplier does not require a deposit or other similar payments from the Customer.

  • The purchase price shall be deemed duly paid until the amount is credited to the account of the Supplier.

  • The invoice issued by the Supplier to the Customer under a contract serves as an invoice, delivery note and warranty. The invoice will be sent to the Customer electronically on the email address of the Customer, as stated in the order.

  • If the prices of individual goods are listed as "action", then they are valid while supplies last or until the next update.

  • In case that the Customer has made a payment of goods based on current order or pre-order and the Supplier is not then able to ensure delivery of the goods, the Supplier has to immediately inform the Customer of this fact and he sends the amount back via bank transfer.

  • The price stated in the pre-order is the final price; it is not an advance payment.

  1. Delivery Time and Terms of Delivery

  • Delivery time is dependent on the availability of goods, payment terms, delivery notes and country of delivery. Current product availability is given for each product.

  • If the goods are on stock, The Supplier shall dispatch the goods, without undue delay, after the payment is credited to Supplier's account.

  • If the goods are not on stock, Supplier undertakes to inform the Customer about the planned Stock. This information is not binding and Supplier reserves the right to change this term. After filling, the Supplier agrees to despatch goods to the carrier without delay.

  • The pre-order is governed by the same rules as a regular order. However, unlike a regular order, the dispatch time is extended; it may be as much as 3 months after the payment is credited to the Supplier's account. If, in an exceptional case, a situation arises where the Supplier cannot deliver the ordered goods under the conditions agreed upon in the Purchase Contract, they reserve the right to withdraw from the Purchase Contract. If there is a delay in the pre-ordered goods arriving in stock, the Supplier reserves the right to extend the dispatch time further, and is obliged to inform the Customer of this fact immediately. If the Customer does not agree with the extended dispatch time, they have the option of withdrawing from the Purchase Contract, and the Supplier is obliged to refund them the paid sum without undue delay.

  • The Customer has the option to exchange goods within 14 days of purchase free of charge, either in exchange for a different size, or for other goods. This option does not apply to games in case of foil damage. When the Customer selects goods for a higher price, the price difference will be paid to the Supplier. In the case that the chosen goods will cost a lower price, the difference will be paid to the Customer. Shipping costs on returned goods from the Customer to the Supplier are paid by Customer, Shipping costs on exchanged goods from the Supplier to the Customer are paid by the Supplier.

  • The Supplier provides delivery of goods through verified carriers.

  1. Ownership of the Goods, the Risk of Damage, Acceptance of Goods

  • The Customer acquires ownership of the goods by paying the entire purchase price.

  • Risk of damage on goods passes to the Customer at the moment of its handover to the first carrier by the Supplier.

  • The Customer is obliged to accept the goods delivered. The abandonment of goods is deemed a violation of business conditions by the Customer.

  • When taking the goods from the carrier the Customer is obliged to check the integrity of their packaging and in case of any defects immediately notify the carrier. In case of finding damages on the package indicating an unauthorized intrusion into the consignment, the Customer is advised not to accept the shipment from the carrier and complete record of the shipment damage. By signing the delivery note the Customer confirms that shipment container with goods was untouched.

  • Complaints of mechanical damage to the product, unmatched goods etc., which was not apparent when accepting the shipment from the carrier, shall be applied by the Customer immediately after their discovery. The Supplier is not liable for damage to the goods incurred during transport, if the Customer does not immediately claim the damage in accordance with these terms and conditions.

  • In the case of the reasons for which it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Customer shall pay the costs associated with repeated delivery of goods, respectively the costs associated with other delivery method.

     

  1. Withdrawal from the Contract

    1. Withdrawal from the contract by the Customer – Consumer

  • If the purchase contract is concluded by means of distance communication (the Internet), the Customer-consumer has the right to withdraw from the contract within 14 days of receipt of goods, in accordance with § 1829 et seq. of the Civil Code, without giving any reason and without any sanction. In this case, the Customer – Consumer contacts the Supplier and he states preferably in written form, that he is withdrawing from the contract, stating the order number, purchase date and account number for a refund. Deadline for withdrawal from the contract is deemed to be maintained, if the Customer sends a notice about withdrawing from the contract to the Supplier during this period.

  • In case that the Customer - the Consumer withdraws from the contract within the statutory 14 days period and the returned goods is incomplete without packaging or is provably used or damaged, the Supplier is entitled to claim damages to the Customer and ask the Customer for a compensation and he is entitled to set off the claim of the Customer towards the Supplier unilaterally to refund the purchase price. In this case, the Supplier returns to the Customer only reduced purchase price.

  • Customer acknowledges that pursuant to § 1837 of the Act no. 89/2012 Coll., Civil Code, it is impossible to withdraw from the contract in the cases listed here, especially in the case of delivery of goods which have been adjusted according to the request of the Customer, or to his person and also in the case of delivery of the goods subject to rapid deterioration, as well as goods which was irrevocably mixed with other goods after the delivery, sealed goods that was unsealed by the Customer and which is not possible to return from hygienic reasons, the deliveries containing audio or video recordings or a computer programme, if breached their original packaging, or delivery of newspapers, periodicals or magazines. In case of withdrawal from the purchase agreement, the purchase contract is cancelled from the beginning.

  • In the case of using the right of withdrawal within 14 days from acceptance of performance, Customer-consumer shall send or forward the goods received from him, including all its components and accessories to the Supplier without undue delay, no later than fourteen days after the withdrawal. The goods must be returned to the Supplier in undamaged state and in the original packaging, if possible. Cost of returning the goods shall be borne by the Customer.

  • If the Customer – Consumer withdraws from the contract legitimately, the Supplier shall to reimburse the purchase price basically in the same way as it took, without undue delay, no later than fourteen days after the withdrawal. Entrepreneur returns to the Customer the funds received in any other way only if agreed with the Customer and if he does not incur additional costs. In the case of cashless payment, the purchase price will be remitted to the Customer to the account specified by the Customer in the withdrawal, in other cases it will be remitted to the account from which the payment was received.

  • If the Customer withdraws from the contract, the Supplier is not obliged to return the funds received to the Customer before the Customer sends the goods or before he proves that the goods was sent to the Supplier. The Supplier is entitled to set off the claims for damage caused to the goods unilaterally against Customer's claim for the refund of the purchase price.

  • To withdraw from the Contract, the Customer can use the withdrawal form, which is available on the website of the e-shop.

  • If the Customer withdraws from the contract illegally and in spite of this fact he sends the goods to the Supplier, the goods will be not accepted, but it will be sent back to the Customer eventually for an additional fee.

  • If there is a gift provided together with the goods for the Customer, the gift agreement between the Supplier and the Customer entered into a resolutory condition, which means, that when the Customer withdraws from the contract, gift agreement concerning the specific gift shall cease and the Customer is obliged to return it to the Supplier together with the purchased goods. The Customer is entitled to keep promotional items delivered or taken together with the goods (e.g. magazines, catalogues, stickers, etc.).

  1. Withdrawal from the Contract by the Supplier

  • Supplier is focused on the good orientation in the market typical for the selling range, but there may occur rare situations where it would be impossible to deliver the goods ordered under the terms agreed in the purchase contract. In such cases, seller therefore reserves the right to withdraw from the contract.

  • Supplier and Customer shall have the right to withdraw from the contract also in that case, where there are significant changes in prices from the supplier of the goods ordered, if there have been significant changes in prices of goods transportation and the Customer did not accept the appropriate change of the purchase contract, i.e. an increase in commodity prices or an increase in transportation costs.

  • If the Supplier withdraws from the contract, he shall immediately inform the Customer by e-mail to the address indicated by the Customer in the time of order placement. Furthermore, the Supplier is obliged to return to the Customer the full purchase price of the goods if this has already been paid.

  1. Rights from Defective Performance

  • The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

  • The Customer is entitled to exercise the right of the defect, which occurs in consumer products within the statutory period, i.e. twenty four months from the takeover. If there is a period during which the goods may be applied attached on the goods, its container or the instructions attached to such a goods in accordance with other laws specify, the statutory provisions of a guarantee for quality will be applied.

  • The Supplier is responsible to the Customer, that the goods on delivery contains no defects. The Supplier is particularly responsible to the Customer, that in the time the Customer took the goods:

    • the goods have got qualities agreed by both parties, and if there is no agreement, it has got the characteristics described by the Supplier or manufacturer or expected by the Customer considering the nature of the goods and based on advertising carried by them,

    • the goods are fit for the purpose which the seller says it is used for or to which goods of the same type are normally used,

    • goods correspond to the quality or the implementation of the agreed sample or template, if the quality or performance was determined in accordance with the agreed sample or model,

    • the goods are in appropriate quantity, measure or weight and

    • the goods meet the legal requirements.

  • When some defect occurs within six months after the takeover, it is assumed that the goods were defective at the time of takeover.

  • The Customer puts the Rights of defective performance to the Supplier at his place of business, in which the reception of the complaint is possible, i.e. at the address Square I.P. Pavlova nr. 5, Prague 2. The moment when the Supplier receives claimed goods from the Customer, is considered to be the moment of the claim.

  • When exercising the right of defective performance, the Customer shall prove the conclusion of the contract; for this purpose, the Supplier recommends to place a proof of purchase - invoice or warranty card. The Customer has an obligation to claim the defect to the Supplier, which means to deliver a description of defects of the goods, because of which the claim is placed.

  • Right from defective performance shall not be paid to the Customer, if the Customer knew that the thing had a defect before its takeover, or if the Customer caused the defect itself.

  • Claims, including the removal of defects will be settled to the Supplier without undue delay, within 30 days of the claim, unless the Supplier and the Customer agree on a longer period.

  • If the Supplier does not reject the claim, the Customer will be given a confirmation of receipt of the claim, which will, except for other data, contain an identification of the Supplier and the Customer, the purpose of the claim according to the Customer and the way of processing the claim required by the Customer, a date and place of the receiving of the claim, the deadline for processing of the claim and a signature of the employee of the Supplier; The Customer will confirm to the Supplier, that he obtained the confirmation on the receiving of the claim.

  • If the complaint is accepted as legitimate, the Customer is entitled to reimbursement of reasonable expenses associated with the application of his/her rights.

  • The Supplier shall inform the Customer about the fact that the complaint was handled and how at the address stated in the complaint or by other contact informations, according to which it will be possible to draw attention of the Customer to the complaint. The Supplier shall state a deadline in the notification for picking up the goods claimed.

  • In the case that the Customer fails to pick up the claimed goods within the time limit set by the Supplier, the Supplier is entitled to charge a reasonable storage fee or self-help sell the goods to the Customer´s costs. The Supplier must notify the Customer about this process in advance an a reasonable additional period for delivery should be stated.

  1. Protection and Processing of Personal Data

  • Any use of personal data of the Customers are governed by Act no. 101/2000 Coll., On Personal Data Protection, as amended, and other laws and regulations applicable in the Czech Republic. The Customer´s free choice (by pressing the “Finish your purchase” button) makes it clear that he agrees with the processing of their personal data for the purpose of realization of rights and obligations under the contract of this e-shop and for sending commercial messages and informations of the Supplier. The Customer hereby acknowledges that he/she is obligated to state his/her personal data correctly and truthfully and to inform the Supplier about the changes in the personal data without undue delay. The Customer confirms that the personal data are accurate.

  • Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner. The Supplier keeps the personal data of the Customer in a secure electronic database so as to avoid their misuse, and these data are used solely for the filling of the contract concluded between the Customer and the Supplier and for sending commercial messages to the Customer.

  • These data will not be provided to any third party except from the cases, where these data are necessary to supply the Customer (e.g. address and phone number provided to the carrier).

  • Providing personal data is optional and the Customer shall be entitled to apply the Supplier in written form for the deletion of the data from the records.

  • If the Customer wants his personal data processed by the Supplier to be maintained, he is allowed to ask for it at the following e-mail address eshop@scssoft.com or at the postal address of the Supplier as listed above. If the Customer requests information regarding the processing of his/her personal data, the Supplier shall deliver this information to him/her. The Supplier has the right to require reasonable compensation for providing the informations pursuant to the preceding sentence, which is not exceeding the costs of providing the necessary information. In the case that the Customer thought, that the Supplier or the processor performs the processing of his personal data that is inconsistent with the protection of private and personal life of the Customer or against the law, especially if the personal data are inaccurate for the purpose of processing, the Customer may do as followed:

  • ask the Supplier or the processor for the explanation,

  • and request the change or removal of so originated state by the Supplier and the processor.

  • The Customer consents to the sending of information connected with the Supplier’s goods, services or business to the Customer’s e-mail address, and they also expressly consent to the sending of commercial information of the Supplier via e-mail address.

  • The Customer consents to the storage of so-called cookies on their computer. In the case that it is possible to perform a purchase on the website and to fulfill the Supplier’s obligations arising from the purchasing contract in such a way that so-called cookies do not need to be stored on the Customer´s computer, the Customer may revoke their consent as per the previous sentence at any time. None of the cookies used on the web www. scssoftware.com/e-shop collects and stores the informations, which have the character of the personal data of the Customer and does not therefore allow the identification of an individual person in any way. Within the browser settings, the Customer can manually delete individual cookies, block or completely prohibit their use, it is also possible to block or allow them only for individual websites. The Customer can prohibit the processing of cookies simply and free of charge at any time on the website www. scssoftware.com/e-shop, only by adjusting of an Internet browser of the Customer.

  1. Final Provisions

  • Supplier is not bound in relation to the Customer by codes of conduct within the meaning of § 1826 paragraph 1 point e) of the Civil Code.

  • The Supplier ensures the processing of the Consumer Complaints via electronic address. Supplier sends the information on the settlement of the complaint of the Customer to the purchaser´s email address.

  • The extrajudicial settlement of consumer disputes arising from the purchase agreement can be managed by the Czech Trade Inspection, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID 000 20 869, Internet address: http://www.coi.cz. The platform for on-line dispute resolution available on the Internet at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Supplier and the Customer, which have risen from the purchase contract.

  • European Consumer Centre Czech Republic, having its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the focal point pursuant to The European Parliament and Council Regulation (EU) no. 524/2013 dated 21st May 2013 to resolve on-line consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Regulation on settlement of on-line consumer disputes).

  • The Customer takes on himself the danger of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

  • Relations and any disputes arising under a contract, shall be resolved exclusively by the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic.

  • Purchase contract are archived by the Supplier in the electronic form and they are not accessible. The language of communication between the Supplier and the Customer and purchase contract language is Czech or English, according to the choice of the Customer.

  • In the case that any provision of these terms and conditions have been invalid or unenforceable for any reason, this fact does not cause invalidity or ineffectiveness of other parts of the business conditions of the purchase contract.

  • If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. If the trading conditions were in contrary to the law, the relationship between the Customer and Supplier is driven by the law.

  • Supplier is not responsible for any loss, injury or property damage, whether direct or indirect, caused by a defect of the delivered goods, if such loss, injury or property damage was not incurred by the negligence, by the omission or the intent on the side of the Supplier.

  • All trademarks, names, logos and car symbols with that the goods sold in e-shop is marked, or that are used in computer games, are the sole property of their respective owners. The use is possible only with the consent of the owners.

  • According to the Law on the Registration of Sales, the Supplier is obliged to issue a receipt to the Customer. He is also obliged to register a revenue received at the tax authorities online; in case of technical failure, he is then obliged to do so within 48 hours.

  • These GTC shall become effective on the 1st April 2017 and are available at the website of the Supplier. The Supplier is entitled to change or complement these GTC at any time, the changed business conditions are effective from the date of publishing. The rights and obligations of the Supplier and the Customer incurred before the effective date of the new version of Terms and Conditions are not affected by the change of GTC. Current GBC lose their validity and effectiveness by the statement of the effective date of the later GBC.

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