General terms and conditions
1. Introductory provisions and basic terms
- We are the company Digismoothie Agency s.r.o., ID number: 17151902, with our registered office at Rohanské nábřeží 678/29, Karlín, 186 00 Prague 8, Czech Republic, registered in the commercial register maintained by the Municipal Court in Prague under file number C 336746 (hereinafter referred to as "we", "Company") and we operate an E-shop available at store.digismoothie.com ("E-shop"), which allows interested parties to purchase and integrate add-ons, applications and other products for their e-shop solutions on the Shopify platform ("Products"), as well as other services related to the creation and integration of e-shops on the Shopify platform, such as the creation of the e-shop itself, e-shop consultations, e-shop analyses, e-shop audits and other services (“Services”). A complete and up-to-date list of our Products and Services can be found here.
- If you are interested in our Products and Services, please read these general terms and conditions (“Terms”), which apply to the agreements between us, as sellers and providers of Products and Services, and you, as customers (“Agreement”). These terms are an integral part of the Agreement. We conclude the agreement together as entrepreneurs.
- The Agreement and Terms are governed by Czech law, in particular Act No. 89/2012, Coll., Civil Code, as amended by the latest regulations ("Civil Code"). If the relationship established by the Agreement (including the Terms) contains a foreign (international) element, then we, as the Contracting Parties, have agreed that the relationship is governed by Czech law.
- We can unilaterally supplement or change the wording of the Terms and Conditions at any time. The new wording of the Terms is effective on the 15th day of its publication in the E-shop. We will also inform you about such a change via an informational e-mail or via the user interface of the E-shop. If you do not agree with the new wording of the Terms, you can immediately terminate the Agreement by e-mail. This does not affect the rights and obligations arising during the effective period of the previous version of the Terms. In such a case, the agreement will be terminated on the day preceding the effective date of the notified change. If you do not exercise your right to terminate the Agreement, the new wording of the Terms will be considered accepted.
- You can contact us at any time via the following contact details:
Rohanské nábřeží 678/29, Karlín, 186 00 Prague 8, Czech Republic
2. How does the E-shop work and when will the Agreement be concluded?
- When selling Products and Services, we have the role of seller and provider of integration of Products into your e-shop solution and provider of Services. This means that we enable you to purchase Products and Services within our E-shop and integrate them for your e-shop.
- Our E-shop contains all necessary information about Products and Services. Even so, we can conclude a Contract with you under conditions that we will agree on individually.
- Please note that everything displayed on the E-shop is of an informative nature and we are therefore not obliged to enter into a Contract regarding the Products and Services.
- You can purchase Products and Services through a user account that you create on the E-shop ("Account"), which contains information about specific Products and Services, the price, the method of payment and the costs associated with their integration. Based on filling in this information, you will create an order ("Order").
- After we receive the Order, we will confirm receipt by email. We therefore concluded the contract at the moment of delivery of the confirmation of acceptance of the Order. In the event that the nature of the Order is unusual (for example, you order an unusually large amount of Products and Services), we may contact you with a request for additional confirmation of the Order. In such a case, the Contract is concluded as soon as we receive such confirmation.
- You are required to provide true and complete information in the Order. We are not responsible for any damage caused by providing false or incomplete information.
- You acknowledge that we are not obliged to enter into a Contract with you (we may also refuse to register an Account), entirely at our discretion, especially with persons who have previously violated the Agreement (including the Terms) or acted in violation of generally binding legal regulations.
- The use of the E-shop and the purchase of Products and Services are possible both on the basis of a registered Account and without registration. However, if you decide not to register an Account, you may not be able to access all the functions of the E-shop.
3. How you can register an Account and what it is for
- Through your Account, you can order our Products and Services, you can manage your Orders, view past Orders and have everything clearly available in one place. By registering, you also get various benefits - for example, you can view previous orders, edit customer data, etc.
- Subsequently, after completing the registration of the Account, we will send you an e-mail confirming the successful registration.
- Your Account will be secured with the login name and password you choose during registration. With regard to this information, necessary to access your Account, you are obliged to maintain confidentiality and undertake not to allow the use of the Account by third parties.
- At the same time, you undertake to keep your information listed in the Account up-to-date and accurate. If there is any change to them, you are obliged to update them without undue delay. We consider the information provided in the Account to be correct and true. In case of non-fulfilment of this obligation, you are responsible for any damage that may arise as a result.
- Please note that we are authorized, based on our own discretion, to temporarily or completely prevent you from using the Account, especially in the event that you violate your obligations under the Agreement (including the Terms) or in connection with the use of the E-shop you violate generally binding legal regulations.
- Please also note that the Account may not be available 24/7, especially due to the necessary maintenance of hardware and software equipment.
4. How will the Products and Services be delivered to you?
- Products and Services will be delivered and integrated into your e-shop solution no later than the deadlines specified in the details of specific Products and Services.
- The delivery period is conditioned by your delivery of all documents listed there and our subsequent confirmation of their receipt, which we will then send to you electronically. As part of the integration of Products, we will especially need admin access to your e-shop solution from you.
- In the event of a delay in the delivery of documents, the delivery period does not apply.
- If we need to supplement any additional documents from you, the delivery period will be extended by at least the time for which we are waiting for them to be completed.
- Delivery and integration of Products and Services always takes place in the manner specified for a specific Product or Service on the E-shop. There you will especially read what we will need from you and what you will receive from us. We will resolve all clarifications and requirements together via email communication to the address you provide us as part of the ordering process.
5. How and for what is paid?
- The purchase price is always specified for Products and Services. We are VAT payers and the purchase price is stated both without and including VAT, as well as including all other taxes and fees. If there is an obvious error in the stated purchase price, we are not obliged to deliver the Products and Services at such an obviously erroneously stated price, and in the event that a Contract with such an erroneous purchase price has already been concluded between us, we are entitled to withdraw from it.
- You can pay the purchase price online by card via a payment gateway, by bank transfer or via express checkout via the PayPal service. The purchase price is then always considered paid at the time of crediting to our bank account.
- In the case of payment by bank transfer, we ask you to pay the purchase price on the basis of the proforma invoice together with the indication of the correct variable payment symbol, which is the number of the proforma invoice. If you do not enter this variable symbol, it may happen that the payment of the purchase price to us does not match the Contract and therefore the Products or Services will not be delivered to you on time, for which we will not be responsible.
- For each payment, you will be issued an invoice - a tax document, which will always meet the requirements of legal regulations, and will also be sent to the e-mail indicated in the Order or within the Account.
- In the event that you order a Product that is subject to recurring or one-time payment for the selected application, you will pay for such payments yourself. Information about these payments can be found in the Product specification.
- You pay the costs that you incur in connection with long-distance communication, such as the cost of an Internet connection, for example. These costs do not differ in any way from the basic rate of the operator or internet connection provider.
6. What is our responsibility for the delivery of Products and Services?
- We are responsible for the proper delivery and operation of Products and Services. We are not responsible for any damage that you may incur as a result of transactions between customers of your e-shop and providers of individual Products and Services.
- We are not responsible for any damage (including lost profit) that would arise as a result of the use of the Products and Services or the E-shop or due to the limitation or interruption of their availability, if this is caused by third parties or force majeure (for example, cyber attack, long-term supply failure electricity or telecommunications connection, incorrect service through service companies) or by you (for example, incorrect handling of Products and Services or the E-shop, failure to secure an Internet connection, device defect, hardware defect, third-party elements and technologies, etc.), or . due to the fact that the operation of the Products and Services, the E-shop or your e-shop solution will be terminated.
- We are not responsible for the functionality of the Shopify platform.
7. How does technical support work during the operation of the E-shop?
- If you need to contact us for service support, e.g. to report an error, question or request, use either the service support within the E-shop or the following contacts: Email email@example.com;
- Any solution to your non-standard requirements beyond the scope of normal service support may incur a charge. However, we inform you that a specific service or action is subject to a fee before providing such a service or performing an action.
8. What if our Products or Services have a defect?
- If you feel that we have provided you with defective Products or Services (e.g. if the scope or quality of the Products or Services does not correspond to the agreed conditions), you can file a complaint, fully in accordance with the law (especially the Civil Code).
9. What can you ask us for when making a claim?
- If we can fix the defect, you can ask us to (1) repair it, (2) add what's missing, or (3) ask for a reasonable discount on the price.
- If we are unable to remedy the defect, you may request from us (1) a reasonable discount on the price, or (2) withdraw from the Contract.
- Please note that the reason for the complaint cannot be that the Products or Services provided do not meet your subjective expectations.
10. Until when can you complain?
- You must report the defect as soon as possible after you discover it, but no later than within 6 months of taking over the performance. When making a complaint, we will issue you with a complaint protocol.
11. Where can you file a claim?
- Please make a complaint about Products or Services in the following ways: (1) by e-mail to the address [firstname.lastname@example.org] or (2) by letter to the address Digismoothie s.r.o., Rohanské nábřeží 678/29, Karlín, 186 00 Prague
- Please indicate to make a complaint, your contact details, describe to us what you are complaining about, how you want to handle the complaint and that we have provided you with Products or Services.
12. How is the claim processed?
- We will decide on the claim immediately, in more complex cases within 5 days. We will deal with the complaint as soon as possible, no later than 30 days after you make it, unless we agree with you in writing that it will take longer. If we do not meet the 30-day deadline for handling the complaint, you have the right to withdraw from the Contract. In the case of a justified complaint, you are entitled to reimbursement of the necessary costs, which you must request from us. After processing the claim, we will issue you a confirmation of the claim processing.
- A defect in performance is not an obstacle caused by a force majeure, i.e. circumstances whose origin, course or consequence is not dependent on our will, action or procedure.
13. What about personal data protection?
- All information you give us is confidential and we will treat it as such. Details of the personal data we process are provided ("here").
- The Office for Personal Data Protection supervises the area of personal data protection.
14. Final provisions
- We are authorized to do business on the basis of a trade license, the trade inspection is carried out by the relevant trade office within its scope.
- If any provision of the Terms and Conditions is declared invalid or ineffective, the other provisions of the Agreement and the Terms and Conditions shall continue to be valid and effective if they can be separated. Instead of such an invalid or ineffective provision, the Terms shall be replaced by a provision whose meaning comes as close as possible to the invalid or ineffective provision.
- All our rights to the E-shop, especially the copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements belong to us. It is forbidden to copy, modify or otherwise use the E-shop or its parts without our consent.
- We are not bound by any codes of conduct in relation to you.
- In the case of force majeure, we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we are entitled to withdraw from the Contract.
In Prague on November 1, 2021.
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