Terms and Conditions

the company
BESTFOR NET s.r.o.
with registered office at Na Laurové 2519/3, Praha 5 - Smíchov
identification number: 24826855
registered in the Commercial Register maintained by the Commercial Register in Prague, Section C, Insert 177969
for the sale of goods through the on-line shop located at the Internet address www.prestashop-moduly.eu

1. General provisions and instructions

  • 1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the supplier referred to in point 1 of this contract (hereinafter referred to as "Supplier") regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising from a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Customer") via the Supplier's online shop. The online shop is operated on the website located at https://www.prestashop-moduly.eu (hereinafter referred to as the "e-shop") through a web interface (hereinafter referred to as the "e-shop web interface").
  • 1.2 The purchase of products is only possible via the web interface of the e-shop.
  • 1.3 When purchasing the Products, the Customer is obliged to provide the Supplier with all information correctly and truthfully. The Supplier shall therefore consider the information provided by the Customer when ordering the Products to be correct and true.
  • 1.4 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
  • 1.5 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can only be concluded in the Czech language.
  • 1.6 The Seller may change or supplement the wording of the Terms and Conditions. However, this provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. User account

  • 2.1 Upon registration of the Subscriber on the e-shop website, the Subscriber has access to his/her user interface. From this user interface, the Subscriber can order products ("User Account").
  • 2.2 When registering on the e-shop website and ordering products, the Subscriber is obliged to provide all information correctly and truthfully. The information provided in the User Account must be updated by the Subscriber upon any change. The Supplier considers the information provided by the Customer in the user account and when ordering products to be correct.
  • 2.3 Access to the user account is secured by a user name and password. The Customer shall keep the login details confidential.
  • 2.4 The Subscriber must not allow third parties to use his/her user account.
  • 2.5 The Supplier may cancel the user account, in particular if the Purchaser breaches its obligations under the Purchase Agreement (including the terms and conditions).
  • 2.6 The Purchaser acknowledges that the User Account may not be available continuously, in particular due to necessary maintenance of hardware and software equipment by the Supplier or necessary maintenance of hardware and software equipment by third parties.

3. Conclusion of the purchase contract

  • 3.1 All presentation of products on the web interface of the e-shop is for information purposes only and the Supplier is not obliged to conclude a purchase contract for these products. The provisions of Section 1732 (2) of the Civil Code do not apply to this presentation.
  • 3.2 The web interface of the e-shop contains information about the products, including prices of individual products. The prices of the products are exclusive and inclusive of VAT and all related charges. The validity of the prices lasts for as long as they are displayed on the web interface of the e-shop. This provision does not prevent the supplier from concluding a purchase contract on individually agreed terms.
  • 3.3 To order products, the Customer shall fill in the order form on the web interface of the e-shop. The order form contains in particular the following information:
    • 3.3.1. the products to be ordered (the Customer shall place the ordered products in the electronic shopping cart on the web interface of the e-shop);
    • 3.3.2. the method of payment of the purchase price of the products (hereinafter referred to as the "Order");
    • 3.3.3. contact information of the Customer;
    • 3.3.4. the domain name for the issuance of a license to use the Products.
  • 3.4 Before sending the Order to the Supplier, the Customer may check and change the data entered in the Order, including the possibility of correcting errors made during data entry. The Customer shall send the order to the Supplier by clicking on the "Order binding payment" button. The information provided in the order is deemed correct by the Supplier. The Supplier shall promptly acknowledge receipt of the order to the Customer by e-mail to the e-mail address provided by the Customer in the user account or in the order (hereinafter referred to as the "Customer's e-mail address").
  • 3.5 The contractual relationship between the Supplier and the Customer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Supplier to the Customer by electronic mail to the Customer's electronic address.
  • 3.6 The Purchaser agrees to the use of remote means of communication in concluding the Purchase Contract.

4. Price of products and payment terms

  • 4.1 The Purchaser may pay the price of the Products and any costs associated with their delivery under the Purchase Agreement to the Supplier in the following ways:
    • 4.1.2. cashless via the ComGate payment system.
  • 4.2 Along with the purchase price, the Purchaser shall also pay the Supplier the costs associated with the delivery of the Products in the agreed amount, including the ordered services associated with the Product. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery and installation of the Products.
  • 4.3 In the case of a non-cash payment to the Supplier's account, the Purchaser must pay the purchase price of the Product, indicating the variable symbol of the payment. The Customer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. For non-cash payments using third party payment systems, the Customer's obligation is fulfilled when the payment system confirms the successful payment.
  • 4.4 The discounts on the price of the Products granted by the Supplier to the Customer cannot be combined with each other.
  • 4.5 If it is customary in the course of business or provided for by generally binding legal regulations, the Supplier shall issue a tax document - an invoice - to the Customer in respect of payments made under the Purchase Agreement. The Supplier, as a VAT payer, shall issue the tax document - invoice after payment of the price of the goods and send it in electronic form to the Purchaser's electronic address.
  • 4.6 In accordance with the Sales Records Act, the Supplier is obliged to issue a receipt to the Customer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.

5. Delivery of modules / services

  • 5.1 The products are delivered exclusively electronically. Upon proper payment of the order, the customer will receive a link to download the electronic content, which is in ZIP format.
  • 5.2 The customer has access to the electronic content.access through your user account on the online shop website.
  • 5.3 In the case of ordering the "Service", the date of execution of the work is agreed in advance.

6.

  • 6.1 When purchasing the product, a license is granted for one second or third tier domain according to the client's e-shop installation.
  • 6.2 The license is granted for an indefinite period of time and is not limited in time.
  • 6.3 Copyright and other intellectual property rights in the products supplied belong to the supplier. The supplied software is protected in particular by Act No. 121/2000 Coll., the Copyright Act, and Act No. 140/1961 Coll., the Criminal Code. Copyright is governed by the laws of the Czech Republic.
  • 6.4 The licence to use is only valid if the product is duly and fully paid for in accordance with the agreed terms and conditions.
  • 6.5 The Subscriber has the right to:
    • 6.5.1. to use the license for personal and commercial purposes within his e-shop for which the license was granted;
    • 6.5.2. to request a time-limited test license for its test e-shop to verify functionality before installing the e-shop into live operation;
    • 6.5.3. use the licence to the extent and in the manner set out in the terms and conditions in clause 8 of this agreement.
  • 6.6 The Customer shall not have the right to:
    • 6.6.1. grant sublicenses to other parties;
    • 6.6.2. offer, provide, sell, display for download, resell, copy or reproduce the Products;
    • 6.6.3. Provide the Products to third parties free of charge or for a fee.
  • 6.7 Method of Licensing:
    • 6.7.1 After processing and payment of the order, the Customer will receive a link to download the module together with a license number for its activation.
    • 6.7.2.
  • 6.8 Product Modification:
    • 6.8.1. It is possible for the Subscriber's own purposes, the license of use is not affected;
    • 6.8.2. it does not entail the loss of the Supplier's copyright and the product so modified cannot be considered as the Customer's own work.
  • 6.9 In the event of a breach of the license provisions, the Supplier shall claim financial compensation for lost profits.
  • 6.10. The Supplier shall be entitled to claims under the Copyright Act in the event of an infringement of the Supplier's copyright by the Customer, in particular the right to refrain from further infringements of copyright, the right to disclose the details of the manner and extent of the unauthorised use of the Product and the right to have the consequences of the infringement of copyright remedied, including the provision of appropriate compensation and the release of any unjust enrichment.

7. Protection of personal data

  • 7.1 The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") with regard to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations of the Purchase Agreement and for the purposes of the performance of the Seller's public obligations by means of a separate document.

8. Commercial communications and cookies

  • 8.1 The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications and cookies.division by the seller to the buyer's electronic address or telephone number.

9. Shipping and payment

  • 9.1 Delivery to the Buyer may be made to the Buyer's electronic address.
  • 9.2 Payment is made using Comgate's online payment gateway(https://www.comgate.cz/cz/platebni-brana).
  • 9.3 The Buyer has the option to pay by credit card online or by using the payment buttons of individual banks.
  • 9.4 In the event of a complaint or query regarding payment via Comgate's online payment gateway, please contact Comgate on +420 228 224 267 or by email: platby-podpora@comgate.cz.
  • 9.5 The registered office of Comgate a.s. is Gočárova třída 1754 / 48b, Hradec Králové.

10. Withdrawal from the Purchase Agreement

  • 10.0.If you are a consumer, i.e. a person purchasing products outside of your business activity, you have the right to withdraw from the contract without giving any reason within 14 days of receiving the links to download the electronic content or proper payment of the products, according to § 1829 of the Civil Code. If we have concluded a contract for several types of products or for the delivery of several parts of products, this period starts on the day of delivery of the last part. In the case of a contract for regular and recurring deliveries of products, the time limit begins on the date of the first delivery. You may withdraw from the contract in any demonstrable way, for example by sending an e-mail or letter to the supplier's address as stated in the identification data in clause 1 of this contract.
  • 10.1 Even as a consumer, you may not withdraw from the contract in the following cases:
    • 10.1.1 If the subject of the contract is a product that has been customised for you or for your person.
    • 10.1.2 If the subject matter of the contract is the delivery of digital content that has not been delivered on a tangible medium and has been downloaded from a link sent to you, whereby you have agreed to lose your right of withdrawal.
    • 10.1.3 If the product has been activated by a license key on your domain.
  • 10.2 As a consumer, i.e. a person purchasing products outside of your business, you may only withdraw provided that:
    • 10.2.1 That you have not downloaded the digital content from your account or from a link sent by email.
  • 10.3 In the event of withdrawal, the price will be refunded to the customer within 14 days of the effective date of withdrawal to the account from which it was credited or to the account chosen by the withdrawal. However, the amount will not be refunded until you have proved that there has been no breach of the licence conditions, in particular by downloading the products, installing or registering the domain for which the product was intended. Electronic products are not refunded because they have not been downloaded, there is only a cancellation of the contract and a scrapping of the license intended for registration.
  • 10.4 By withdrawing from the contract, the Customer undertakes to reimburse the Supplier for the costs incurred to date for the work carried out, insofar as such costs have been incurred. In particular, work carried out in connection with the delivery of the products beyond the scope of the purchase contract, meaning additional installations and work on the online shop, which are demonstrably related to this. The Supplier is entitled to unilaterally offset the claim for compensation for damage to the products against the Purchaser's claim for reimbursement of the purchase price.
  • 10.5 The Supplier shall be entitled to withdraw from the contract at any time before the products have been delivered to the Customer if there are objective reasons why the products cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the products). We may also withdraw from the contract if it is clear that you have deliberately provided incorrect information in the order. If you purchase goods in the course of your business, i.e. as an entrepreneur, the supplier is entitled to withdraw from the contract at any time, even without giving a reason.

11. Final provisions

  • 11.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations.
  • 11.2 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
  • 11.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  • In Prague, 1.1.2024
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