General Terms and Conditions and License Terms of Toret plugins s.r.o. – effective from November 1, 2020

I. Who are we and what do we offer?

1. We are Toret plugins s.r.o., Company ID: 088 60 980, with its registered office at Jičínská 226/17, Žižkov, 130 00 Prague, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 326539 (hereinafter referred to as the “Provider” or “we“).
2. We operate the TORET internet platform, on which we primarily provide licenses for our supplementary software (plugins) for the WordPress platform, mainly for the WooCommerce e-commerce solution (hereinafter referred to as the “e-shop“) at the internet address https://www.toret.net/ (hereinafter referred to as the “Website“).
3. We have drafted these terms and conditions to familiarize you in a comprehensible form with how you can order licenses for our software, what rights belong to you, and how to proceed in case of uncertainties. These terms and conditions therefore regulate, in accordance with Section 2358 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract concluded between the Provider and You as a natural or legal person (hereinafter referred to as the “Licensee” or “You“) via the e-shop.
4. The subject of the contract concluded between You as the Licensee and us as the Provider is the acquisition of a non-exclusive right to use the software, which is digital content, and the provision of our software support and update services (hereinafter referred to as the “contract”).
5. These terms and conditions apply only to the provision of licenses within the European Economic Area.

II. User Account

1. In order for us to conclude a contract, it is necessary for you to set up your user account. Thanks to it and the data you enter into it, we can provide you with the software license and, most importantly, we can provide you with support during software installation and later difficulties.
2. When registering and setting up a user account, you are obliged to state all your data correctly and truthfully and update them in case of any change. We consider the data you enter when ordering or in the user account to be correct.
3. Access to the user account is secured by a username and password – we ask you to maintain confidentiality regarding the information necessary to access your user account.
4. If maintenance of our software or hardware equipment is taking place, the user account may not always be available. However, we will do everything to ensure this happens for the shortest possible time.

III. How does our contractual relationship work?

How can licenses be ordered?

1. You can purchase licenses for our software on the e-shop using the form that appears after you add the software “to cart” and click on the “cart” icon. You enter your billing information into this form. If you have already concluded contracts with us in the past, your data will be filled in automatically thanks to your user account. However, you can always check and change this data. The form also contains information about the software, especially its type or name, quantity, and the fee for the license (price), which you can check. Based on this information, you create an order (hereinafter referred to as the “Order“), whereby we consider all data you enter in the Order to be complete, correct, current, and truthful.
2. After you send us the Order, we will send you a confirmation of its receipt to the email address you provided in the Order. If the Order is unusual (e.g., regarding a large quantity, high price, or improbable billing data), we are entitled to contact you and confirm the Order with you once again.
3. The contract between us is concluded at the moment of delivery of the confirmation to your email stating that we have accepted the Order. By the contract, we undertake to grant you authorization to exercise intellectual property rights (license) to the agreed extent and to provide you with support and updates for a period of 12 months from the conclusion of the contract, and You, in turn, undertake to pay us the fee for the license and for the related support provided.

How do you pay for the software and our services?

4. You can pay the fee (price for software) in the following ways:

• cashless via the Stripe.com payment gateway;
• cashless by transfer to our bank account.

5. For each payment of the fee (price), we will issue a tax document – an invoice, which will meet all requirements given by tax or financial regulations.
6. We are VAT payers. Prices for software and our services published on the e-shop are listed including VAT at the statutory rate.

How will the software be delivered to you?

7. After paying the price for the software, we will send you the software by email, or you can download the plugin and your unique license key after logging into the My Account section. Based on this license key, we will provide you with plugin updates and support for 12 months from the conclusion of the contract to the extent specified further in these terms. The license key can be used only once and only on one WordPress installation. In the event that you do not use the license key, we cannot provide you with support under these terms.

What about withdrawal from the contract?

8. The options and conditions for withdrawal from the contract apply in the relationship with You only if you enter into the contractual relationship as a consumer. This means that you conclude the contract outside the scope of your business activity or outside the scope of the independent performance of your profession.
9. According to the Civil Code, a consumer generally has the right to withdraw from a contract concluded via the internet within 14 days of receipt of the goods. However, our software has certain specifics in this aspect because it is digital content, and therefore you do not always have the right to such withdrawal from the contract.
10. Since our software is digital content, we have this IMPORTANT NOTICE for you. You do not have the right to withdraw from a contract for the supply of digital content that was not supplied on a tangible medium, because You, as a consumer, by accepting these terms and concluding the contract with us, explicitly agree that the software (digital content) will be delivered to You before the expiration of the withdrawal period, and we hereby inform You that in such a case you do not have the right to withdraw from the contract, all within the meaning of Section 1837(l) of the Civil Code.
11. If you are entitled to withdraw from the contract within 14 days of receipt of the goods or software, we also provide you with the following information in connection therewith:

• if you decide to withdraw from the contract, please use the contract withdrawal form attached to these terms;
• within 14 days of your valid withdrawal from the contract, if you are entitled to it, we will return the amount fully corresponding to the price of the goods and the paid costs for its delivery, in the same way we received the payment from you. Within the same period at the latest, you are obliged to send the purchased goods to the address Jičínská 226/17, Žižkov, 130 00 Prague or hand it over to us otherwise. The goods should be returned complete, in the original packaging, and must not show signs of wear or damage. We have the right to assess within the above period whether the returned goods are undamaged, intact, and unused and whether you have caused a reduction in the value of these goods by handling them other than as necessary with regard to the nature and properties of the goods;
• in the event of withdrawal from the contract, you will bear the costs associated with returning the goods back to us if these goods cannot be returned by normal post due to their nature.

12. If the returned goods are damaged due to your improper handling, we are entitled to claim compensation from You for the reduction in the value of the goods and set it off against the refunded amount.
13. According to Act No. 634/1992 Coll., on Consumer Protection, as amended, you have the right to out-of-court settlement of a consumer dispute arising from the contract. In such a case, you are entitled to contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: [email protected], web: adr.coi.cz). Out-of-court settlement of a consumer dispute is initiated exclusively at the proposal of the consumer if the dispute has not been successfully resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised their right, which is the subject of the dispute, with the seller for the first time. You have the right to initiate out-of-court dispute resolution online via the ODR platform available at the website ec.europa.eu/consumers/odr/.

Some other conditions regarding the conclusion of the contract

14. You pay all costs for the use of communication means incurred by you in connection with negotiating the conclusion of the license contract and creating the Order yourself, whereby these costs do not differ from the basic rate and are not charged by the Provider in any way.
15. At your request, we will gladly perform individual modifications of the purchased software, but these modifications are not included in the price for the software, and the conditions for creating such a modification must be individually agreed with the Provider.
16. If a price is listed on the e-shop where it is obvious that it is an error in writing or numbers, this price is not binding and the contract is not concluded.
17. Please note that the presentation of our software on the e-shop is of an informative nature, and the Provider is not obliged to conclude a contract regarding the software so displayed. The provision of Section 1732(2) of the Civil Code shall not apply. We are also entitled to change information about the software, its parameters, license parameters, and price at any time.

IV. Technical prerequisites for plugin functionality

1. We deliver plugins with a guarantee of compatibility for WordPress, WooCommerce, and default WordPress theme installations; we do not guarantee the compatibility of our software with third-party products.
2. We can guarantee functionality and provide support only if you use WordPress version 5.3 and higher in combination with WooCommerce 4.3 and higher.
3. We bear no responsibility for defects and damages caused by modifications to the plugin source codes by You, and in the event that you change or otherwise interfere with the plugin source code, we will not provide you with support related to plugin defects or errors.

V. What are the license terms and what support and updates will we provide you?

1. By concluding the contract, we grant you a license to our software (plugins) to the extent of the GNU General Public License terms, the full text of which can be found here.
2. In accordance with the GNU General Public License terms, the license is granted as non-exclusive, territorially unlimited, and unlimited in time.
3. Each grant of a license under these terms is tied to one WordPress website and is not compatible with WordPress Multisite.
4. For a period of 12 months from the conclusion of the contract, we will provide you with installation and operation support via a telephone consulting service and as an email consulting service; just send us an email at [email protected], in which you state at least a general description of the problem, and we will get back to you as soon as possible.
5. For a period of 12 months from the conclusion of the contract, we will also make available to you updates for the plugin regarding which the contract was concluded.
6. We decide on the frequency and scope of software updates. We will inform you about all updates performed via your user account.
7. Support availability hours are on weekdays from 9 am to 3 pm. We do not guarantee a specific reaction time, but we always try to shorten it as much as possible.
8. This support and updates are not provided if the software license is granted free of charge. These plugins are available for free on the e-shop because they can help you when using your website.

VI. How can you extend our services?

1. We provide support and updates for 12 months from the conclusion of the contract. Before this period expires, we will inform you that the provision of our services will end.
2. If you are interested, you can pay the price for extending the provision of our services, and the duration of the contract will be extended by another 12 months. Such extension of the contract is governed by the same provisions of the terms as the conclusion of the contract.

VII. And what to add in conclusion?

1. These terms are in the Czech language. We have agreed that all arrangements between us as the Provider and the Licensee are governed by the laws of the Czech Republic, even if the relationship established by the license contract contains an international element.
2. We will always try to prevent any disputes, but if they do occur, we have agreed that all disputes will be decided by the courts having local jurisdiction over the Provider, even if the relationship established by the license contract contains an international element.
3. We are not bound by any codes of conduct in relation to You within the meaning of Section 1826 of the Civil Code.
4. All rights to our Website, mainly copyright to content, including the layout of the Website, photos, graphics, videos, trademarks, logos, but also other content, belong to us as the Provider, and it is forbidden to copy the Website and its elements or parts in any way without our consent.
5. In the event that an error occurs due to third-party intervention or as a result thereof, or the e-shop is used contrary to its purpose, we are not responsible for such errors.
6. We are entitled to change and supplement these terms, whereby the rights and obligations arising between us during the effectiveness of the previous wording of the terms are not affected.
7. If something was not clear to you or you have further questions, you can contact us at any time at [email protected].

 

In Prague on November 1, 2020.

For Toret plugins s.r.o. Tomáš Cirkl, Executive Director