Terms and Condition
Terms and condition
I. Basic provision
These General Terms and Conditions (hereinafter referred to as the "GTC") regulate the relations between the parties to the Purchase agreement / License agreement, on the one side is Sunseed Development s.r.o., Reference number: C 246991 maintained at the Municipal court in Prague, Address: Mariánské nám. 48, 763 14 Zlín, CZ as a Seller (hereinafter referred to as "Sunseed"), and on the other side is the Buyer, the Customer (hereinafter referred to as the "Customer"). More information about Sunseed is available at www.sunseeddev.com. A Customer is a consumer or an entrepreneur. A consumer is any person who enters into a contract with Sunseed or otherwise act with it outside of his / her business or outside the scope of his or her own profession. The entrepreneur is the one who independently carries out on his / her own account and the responsibility for gainful activity in a trade or similar manner with the intention of doing so consistently for profit. For the purposes of consumer protection, any person who enters into contracts related to his / her own business, production or similar activity or in the independent operation of his / her profession, or a person acting in the name or on behalf of the entrepreneur is also considered to be a entrepreneur. Under the terms of the GTC, a entrepreneur means one who acts in accordance with the previous sentence in a scope of his / her business. If the Buyer indicates his / her identification number in the order, he / she acknowledges that the rules stated in the GTC for entrepreneurs apply to him / her. By submitting an order, the Customer confirms that he / she is familiar with these GTC before enterinf in the contract. The Customer is aware that the pruchased Sunseed products will not acquire him / her rights for using registered registered marks, trade names, company logos, or other Sunseed's or Sunseed's contractual partners unless otherwise specially agreed in a particular case. The VOP URL will receive the Customer as an attachment of an order confirmation to the specified email address; an invoice containing basic contract data will receive the Customer by upon receipt of the goods and / or by activation of the service.
II. Pre-contractual notification
Sunseed reports that the costs of the means of distance communication do not differ from the basic tariffs (in case of telephone and internet connection according to conditions of a Customer , Sunseed does not charge any additional fees, does not pay any contractual carriage), requires payment of the purchase price before the takeover of a Customer from Sunseed, or an obligation Payment of a down payment or similar payment refers to the requirements of the Customer for the provision of special services if requested and provided Sunseed enters into contracts, whose subject is repeated Fulfillment In the case of license agreements entered into for an indefinite period, the license price is entered into for the entire duration of the license, If not stated otherwise, the prices of the goods and services are stated on the Sunseed website without VAT, including any fees specified by law, however, the cost of delivering the goods or services varies according to the method chosen and the carrier And If the Customer is a consumer, such consumer is entitled to withdraw from the contract (unless stated otherwise) within the 14-day period that has taken place, as regards the Purchase Agreement, from the date of takeover of the Goods, receipt of the License Key Information. A contract covering several types of goods or the delivery of several parts from the date of the last delivery of the goods; Or the contract, whose subject is the regular repeated supply of goods, from the date of the first delivery of the goods; This withdrawal must be sent to Sunseed's address. In the event of termination of the contract, the consumer shall bear the cost of returning the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if such goods can not be returned by normal means of courier; The consumer has an obligation to pay a proportionate amount of the price in the event of withdrawal from the contract, whose subject is the provision of services and whose performance has already begun for repeated payments, is considered to be the proportionate part of the price for one period for which the service has been purchased; Contract, order, resp. The relevant invoice will be stored in Sunseed's electronic archive, and registered Sunseed users will also have access to their data in their profile; If the consumer has a complaint, he / she can apply through the contact form here, if applicable. They may address complaints to a supervisor or state oversight.
1. Entering into a contract
The Customer can sign the contract by accepting a contract to enter into a contract on a Sunseed website by inserting the required performance (goods, service, electronic content) into the basket. The customer can be assisted by Sunseed worker (personally, by telephone, mail) when signing the contract. Prior to the Customer's confirmation of the order, the Customer has the right to change both the required performance, the transportation and the method of payment, ie all the data entered in the order. Sunseed will promptly confirm the entering into the the contract to the Customer with an email that was filled when purchasing. Attachment to this confirmation is the link (URL) of the current GTC text, including the Sunseed Complaint Procedure. The resulting contract (including the agreed price) may be changed or canceled only by agreement of the parties or for legal reasons, unless stated otherwise in the GTC. The signed contract is archived by Sunseed for at least five years from its enterinf into, but for the longest period of time according to the relevant legal regulations, in order to successfully fulfill it and is not accessible to third non-participating parties. Information of the individual technical steps leading to the entering into the contract can be seen from these terms and conditions, where this process is clearly described.
2. Delivery of the subject of purchase
By purchase contract, Sunseed commits to give the item to the Customer, provide the digital content / license that is the subject of the purchase and allow him / her to acquire ownership of the license and the Customer commits to take over the item / digital content and pay the Sunseed purchase price. Sunseed reserves the right of property, and therefore the Customer becomes the owner only with full payment of the purchase price. Similarly, this rule is used when purchasing a license or service. If the service is reimbursed by repeated payment, the Customer has the right to use the services / licenses only for the time / The period for which the purchase price is paid. Sunseed will give to the Buyer the item as well as the documents relating to the matter and will enable the Customer to acquire the right to the item / license in accordance with the contract. Sunseed will fulfill the obligation to give the item to the Customer, allowing him to dispose of the item at the place of performance and to notify him on time. Sunseed gives to Buyer the subject of purchase in the agreed quantity, quality and execution. If it is not arranged how the thing is to be packed, Sunseed will wrap it up according to custom; If they are not, then the way they need to preserve the thing and protect it. In the same way, Sunseed supplies a transport case.
3. Passing the risk of damage
The item is defective if it does not have agreed properties. A defect is considered to be the fulfillment of other things and defects in the documents necessary for the use of the thing. The Customer's right to defective performance establishes a defect that has danger of damage during the transition to the Customer, even though it will only occur later. The Customer's right will also establish a later defect that Sunseed caused by breach of its duty. The Customer's right will also establish a later defect that Sunseed caused by breach of its duty. The customer will, as far as possible, inspect the property as soon as possible after the risk of damage to the item and convince of its properties and quantity. The risk of damage passes to the Buyer by taking over the item. The same has the effect, if the Customer does not take the matter, even though Sunseed has allowed him to dispose of it. Damage to things that arises after the risk of damage to the items on the Customerhas passed, does not affect its obligation to pay the purchase price, unless Sunseed caused damage by breaching its obligation. By delaying the party with the takeover of the item, the other party has the right to sell the goods, after prior notice, on the account of the losing party, after providing the creditor with an additional reasonable period of time to take over. This is true even if the party is delaying with payment, which giving of subject is conditional.
4. Responsibility of Sunseed
Sunseed guarantees to the Customer that the item does not have any defects when taken over. In particular, Sunseed guarantees to the Customer that at the time the Customer took over the item, the item has properties that the parties have negotiated and, if no such arrangement exists, those properties that Sunseed or the manufacturer described or which Sunseed expects in terms of the nature of the goods and its advertising; The thing fits in with the purpose for which Sunseed describes it or in which it is usually used; Is the thing in the appropriate quantity, degree or weight; And the item complies with legal regulations. If a defect occurs within six months from the takeover, the item is deemed to have been defective already at the time of the takeover. The customer is entitled to claim the right of a defect that occurs on consumer goods within twenty-four months from the takeover, unless otherwise indicated, but this does not apply to: to an item sold at a lower price because of a defect for which the lower price has been agreed; The wear and tear of the item caused by its usual use; In the case of a used item, a defect corresponding to the degree of use or wear and tear that the item had upon the takeover by the Customer; Or if it results from the nature of the item. In the case of consumer goods, the Customer is entitled to claim the right of a defect within twenty four (24) months if the date of consumption is not stated on the goods, in this case, the period is shortened only until the date that is indicated on the packaging of the goods. For the subscribing entrepreneur, the time limit for the use of the rights to defective performance may be different, if expressly stated for the type of goods, the time period given takes precedence. In such a case, the goods are marked as follows. The Buyer does not have the right of defective performance if the Buyer knew before the takeover that the item had a defect or if the Buyer had caused the defect himself.
5. Significant breach of contract
If the defective performance is a substantial breach of the contract, the Customer has the right to: remove the defect by supplying a new item without defect or supplying the missing item if this is not disproportionate due to the nature of the defect, but if the defect relates only to the part of the item, the Customer can require to change only part of the item; If this is not possible, he / she can withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without unnecessary delay, the Customer is entitled to a free removal of the defect; To remove the defect by repairing the thing; To a reasonable discount on the purchase price; Or withdraw from the contract. The customer shall inform Sunseed of the right he / she chooses while reporting the defect or without unnecessary delay after the defect is notified. The Customer can not change the choice without Sunseed's consent; This does not apply if Customer demands to repair a defect that will be proved as irreparable. If Sunseed fails to remedy the defect within a reasonable time or informs the Buyer that the defects will not be remedied, Customer may request a reasonable discount from the purchase price instead of removing the defect or withdraw from the contract. If the Customer does not choose his / her right in a timely manner, he / she has the rights as in the case of an insufficient breach of contract - see below. Customer-consumer has the right to a reasonable discount even if Sunseed can not deliver a new thing without defects, replace its part or repair it, as well as if Sunseed fails to arrange the remedy within a reasonable time or that the remedy for the consumer would cause serious difficulties.
6. Insufficient breach of contract
If the defective performance is an irrelevant breach of contract, the Customer has the right to remove the defect or a reasonable discount on the purchase price. As long as the Customer does not use the right for the discount from the purchase price or withdraws from the contract, Sunseed can supply what is missing or remove a legal defect. Other defects can be remedied by Sunseed's choice by repairing the item or by delivering a new item. If Sunseed does not remove the defect in a timely manner, or it refuses to remedy the defect, Customer may request a discount on the purchase price or withdraw from the contract. The Customer can not change the choice without Sunseed's consent.
7. Breach of contract in general
The right to deliver a new item or to exchange a part is also available to the Customer in the event of a defect that can be remedied if the item can not be properly used for repeated occurrence of defects after repair or for more defects. In such a case, the Customer has the right to withdraw from the contract. Upon delivery of a new item, the Sunseed Customer shall return the item originally delivered (including all accessories supplied) at its expense. If the Customer did not notify the Buyer of any defect without unnecessary delay after having been able to ascertain in timely inspection and sufficient care, the court has the right to not admit the defective performance. If it is a hidden defect, the same applies if the defect has not been reported without unnecessary delay after the Customer has been able to ascertain with sufficient care, no later than two years after the item has been submited.
8. Quality guarantee
As a guarantee for quality, Sunseed commits that the item will be fit for normal use for some time or that it retains its usual features. These effects also include the indication of the warranty period or the shelf life of the item on the packaging or in the advertisement. The warranty can also be provided for the individual part of the item as well. The warranty period runs from the delivery of the item to the Customer - the day of sending the license key; If the thing is dispatched under the contract, it runs from milking to the destination. The customer is not entitled to a warranty if the defect caused by the risk of damage to the item to the Buyer has caused an external event.
9. Užívání elektronického obsahu, SW apod.
Odběratel je povinen při užívání veškerého elektronického obsahu (pro účely VOP rozuměj včetně SW,) zakoupeného u Sunseedu dodržovat povinnosti stanovené těmito VOP, právními předpisy upravujícími autorská díla a konkrétními licenčními podmínkami daného produktu (např. EULA). Pokud Odběratel poruší takto stanovené povinnosti, pak je povinen uhradit případnou náhradu škody, přičemž takové jednání může mít také trestněprávní následky. Odběratel je oprávněn veškerá elektronická díla užívat výhradně pro svou osobní potřebu, přičemž účelem tohoto užívání může být dosažení přímého nebo nepřímého hospodářského nebo obchodního prospěchu, není-li v licenčních podmínkách uvedeno něco jiného. Odběratel také není oprávněn kopírovat zakoupený elektronický obsah, ani jej jiným způsobem rozmnožovat, pořizovat z něj opisy, výstřižky a jinak s ním nakládat v rozporu s autorskými právy, jinými právními předpisy a/nebo licenčními podmínkami daného produktu. Přístup k elektronickému obsahu může být odepřen či licence může být deaktivována, v případě že elektronický obsah byl získán v důsledku protiprávní činnosti. Toto ustanovení VOP se užije taktéž na elektronický obsah, který Sunseed poskytl Odběrateli jako dar.
The claim for products is two years. In the case of services and licensing, this period is calculated from the day of the customer's first registration and the first transmission of the license code to the specific software package. Customer acknowledges that he / she purchases the service - software licenses in the state in which they are automatically delivered and updated. This does not deny his / her right to be notified of errors and other comments. However, these can not be claimed because if it is actually an algorithm, program, or calculation error that is contained in the program code, it will be removed in one of the following releases.
Withdrawal from the contract
1. Withdrawal of a customer from the contract MPOS Retail
The Buyer has the right to withdraw from the contract within a period of 14 days. The deadline under the first sentence runs from the day of the e-mail with the license key. You can withdraw by mail at Sunseed Development s.r.o., Mariánské nám 48, 763 14 Zlín. If the buyer withdraws from the contract, Sunseed blocks the use of the license and at the same time blocks another possible repeated payment. If the Customer has a paid license to use the Sunseed Retail service for the period after withdrawal from the contract, the customer is not entitled to any financial compensation, only a recursive payment is stopped if the Customer has entered it at registration.
2. Withdrawal in other cases
You may withdraw by mail at: Sunseed Development sro, Mariánské nám 48, 763 14 Zlín If the Subscribing entrepreneur is allowed to withdraw from the purchase contract within 14 days, the Customer acknowledges that the returned purchase price may be reduced because of reduced value of the goods. The customer can not withdraw from the contract or demand the delivery of a new item if the item can not be returned in the state in which it was received. This does not apply if a change of a state has occurred as a result of a search to find a defect; If the Customer used the thing before the defect was discovered; If the Customer did not cause to return the item in the unaltered state by action or omission; Or if the Customer has sold the thing before the defect has been discovered, if he / she has consumed it or if he / she has altered the thing in its normal course of use; If so happened only in part, Customer will return to Sunseed what he / she may return and give Sunseed a refund to the extent that he / she would benefit from the use of the thing. If the Customer fails to notify the Defect in due time, he / she will lose the right to withdraw from the contract. In order to protect the rights of the Customer if the Customer is a legal entity and will request the payment of the credit note directly in Sunseed, then the relevant amount will be transferred only to persons authorized to act for the legal entity, ie the statutory body or the person to be proved officially certified by the power of attorney.
Form of payment, terms of delivery and performance
Products can only be paid prior to the issuance of the license key and for the period the Customer chooses (month, quarter, year). For payments, the GoPay payment method of GOPAY s.r.o. MPOSRetail is considered to be delivered when the Customer is sent an e-mail with th license key to activate it via e-mail.
At the same time, the customer will be informed of:
Establishing a repeated payment by email
The maximum amount of the recurring payment is the same as the first payment
The amount of the recurring payment is always fixed for the given licenses and periods
The frequency of the recurring payments is one month, three months, or one year from the date of payment and payment type selection
The frequency of a deduction is fixed according to the selected periods
All communications about payments are led by email.
The customer is informed about the payment by e-mail no later than two business days
Seven calendar days in advance, the customer is informed of:
The expected deduction of the subsequent recurring payment, and more than 6 months since the last recurring payment
Ended a free period during which the customer has a free service and the first recurring payment is deducted
Any change in recurring payments settings will occur (e.g., a change of frequency in recurring payment deduction)
MyRetail products can only be purchased in Czech Republic and Slovak Republic.