Terms and conditions

Terms and conditions for using an add-on for an online store on Shoptet

Basic provisions

These terms and conditions (the "Terms and Conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), and govern the rights and obligations between us, the company Webotvůrci s.r.o., with its registered office at Houbalova 3023/8, Líšeň, 628 00 Brno, Company ID: 08320004, registered with the Regional Court in Brno, file no. C 113072, e-mail: shoptet@webotvurci.cz, telephone: +420 728 089 029 (the "Company"), and you in the provision of the Service.
The provisions of the Terms and Conditions form an integral part of the contract for the provision of services (the "Contract"), which we conclude at the moment of ordering the Add-on through the Shoptet platform.
These terms and conditions and the Contract are concluded in the Czech language.
The subject matter of the Contract is the provision of a service (the "Service") through a Shoptet add-on (the "Add-on"). The Add-on serves to extend the options and capabilities of an online store created on the Shoptet platform (the "Online Store").
The price and the basic characteristics and functions of the Add-on are described in more detail with each specific add-on listed in the Shoptet Add-ons catalog at the web address https://doplnky.shoptet.cz/ ("Profile").
Shoptet is the company Shoptet, a.s., with its registered office at Dvořeckého 628/8, Břevnov, 169 00 Praha 6, Company ID: 28935675, registered in the Commercial Register under file no. B 25395 maintained by the Municipal Court in Prague ("Shoptet").

Conditions for using the Service

We provide the Service to you as the operators of the Add-on. Shoptet is not the operator of the Add-on and is not liable for the Add-on or its content. You acknowledge that Shoptet has no obligation to provide you with any support or maintenance services for the Add-on in relation to the Service and that it bears no liability for the settlement of your claims or the claims of any third party against us, whether they arise from liability for defects, damage caused, breach of legal regulations, in particular in the area of personal data processing, or other rights.
In order to start using the Service, you must first create a user account with Shoptet and obtain an Online Store from Shoptet.
After logging in to your user account with Shoptet, you can order the Service by giving your consent to these Terms and Conditions and to the personal data protection and processing policy on the Profile, ticking the relevant boxes and clicking the "Order Add-on" button.

Price and payment terms

The price for the provision of the Service is set separately for each Add-on and is stated in the Profile of the given Add-on. The price always relates to one Online Store only.
The price may change over time, in particular in response to inflation and other market factors. A change of the price takes effect at the moment of its publication.
The price for the provision of the Service is paid in advance, as a regular monthly payment or an annual payment. The price will be charged to you by Shoptet in accordance with its own terms.

Authorization to use the Service

We grant you a non-exclusive authorization to the ordinary use of the functionalities of the Service. The authorization is limited in time to the duration of the Contract. The authorization is not limited territorially.

You may not assign the authorization (i.e. transfer it in full) to a third party, nor grant a sub-authorization.
You may not reproduce, distribute, modify or publish the Service.
No source code of the Service will be handed over to you, and you may not attempt to discover or obtain it in any way.

Operation, maintenance and support

We undertake that the Service will be available (i.e. that it will run properly and without any difficulties, failures or defects disrupting the ordinary functioning of the Add-on described in the Profile) for at least 99% of all time in a calendar month. Should it happen that each of us measures different data regarding the availability of the Service, we will give preference to ours.
Certain cases cannot be included in the measurement of the availability level. These are in particular a temporary shutdown of the Add-on caused by circumstances that arose independently of your or our will, the time needed to carry out changes or management of the Add-on announced in advance, suspension of the provision of the Services due to non-payment of fees, and cases of force majeure that we could not reasonably have foreseen. We will therefore not include the period during which the consequences of the events under the previous sentence last in the total time in relation to which the availability of the Service is assessed.
To the extent of the events, outages and permissible periods of unavailability of the Service under this article (the "Service Interruptions"), we do not guarantee you any level of availability or quality of the Service. During the Service Interruptions, the Service may therefore be temporarily unavailable without you thereby acquiring a right to any compensation. We are not liable for defects, lost profit, special or incidental damage, or any other damage arising as a result of the Service Interruptions.
We undertake to carry out ongoing management and maintenance of the Service, i.e. to update it whenever we discover a security flaw in it.
You can raise requests for technical support through the contact details given in Art. 1.1 of these Terms and Conditions or on the website /kontakt/. We will respond to requests within 24 hours of their notification on business days (any days other than Saturday, Sunday and days of rest under Act No. 245/2000 Coll., on State Holidays, Other Holidays, Significant Days and Days of Rest, as amended).

Limitation of liability

The Service is provided "as is" and has only the functions set out in these Terms and Conditions and in the documents to which these Terms and Conditions refer (e.g. the Profile). We give you no warranty for the functioning of the Service, nor do we guarantee that the Service is capable of serving a particular purpose.
The Service is provided to you at the moment when we give you access to its use. You are obliged to check the Service within 3 calendar days of the commencement of its provision. You are entitled to notify any defects of the Service in writing no later than within the period stated in the previous sentence. When notifying defects, you are obliged to state what you consider them to consist of and to describe how the defects manifest themselves. Any defects of the Service notified properly and in time we will remedy by repairing them or by supplying an alternative procedure in which they do not occur (a workaround), within a reasonable period which will be no more than 30 business days. If, in our opinion, a defect is irremediable, we may at our own discretion withdraw from the Contract or grant you a discount from the price. You are not entitled to any other rights arising from defective performance.
You are obliged to ensure that the devices and the Online Store through which you will use the Service meet the system requirements required by comparable services on the market. You are aware that the system requirements may change as a result of updates of the Service. We bear no liability for defects or errors that arise from a failure to comply with the current system requirements. Nor do we bear liability for the Service failing to function properly for any reasons on your side, on the side of Shoptet or on the side of third parties.
To the extent that we have not excluded liability for damage caused by the use of the Service, we are liable for it up to the amount of the price paid to us by Shoptet for the last 3 months of your use of the Service. Shoptet is not liable to you for damage caused by the use of the Service.

Force majeure

Force majeure means all unforeseeable circumstances that cannot be controlled in a reasonable manner, in particular natural disasters, embargoes, strikes (including planned strikes), wars, cyberattacks, power outages and epidemics (including the covid-19 epidemic).
In the event that circumstances of force majeure arise which prevent us from performing our obligations under the Contract, we will notify you of this fact without undue delay, stating the period during which we cannot perform our obligations under the Contract. If an obligation is not performed by reason of force majeure, this does not constitute a material breach of the Contract. Your payment obligations are not affected by events of force majeure.

Information on the processing of personal data

When the Service is used, your personal data or the personal data of your staff/responsible persons are processed. All information on this processing is set out in a separate document, Personal Data Protection and Processing Policy.

Duration and termination

We conclude the Contract for the period for which you purchase a subscription for the provision of the Service. If you are interested in extending the duration of the Contract, you can purchase a further subscription for the provision of the Service. The Contract expires upon the lapse of the period of the purchased subscription for the provision of the Service.
The contracting parties may terminate the contract without giving a reason by written notice sent to the other party. The notice period ends on the last day of the paid subscription. You can also switch the Service off in the online administration of your user account with Shoptet.
We may terminate the Contract in particular on the grounds that:
1. Shoptet recommends or orders us to end or halt the provision of the Service, or itself decides to stop providing the Service,
2. We find that you are in any way breaching these Terms and Conditions, legal regulations or the rights of third parties.

In the cases set out in the previous point we may, even without giving notice of termination of the Contract, at our own discretion suspend or permanently block your access to the Service, or even remove it. We are also entitled not to allow you further use of the Service if we have already terminated the Contract with you once in the past.
Termination of the Contract for any reason does not affect your obligation to pay all invoiced amounts.
The Service is intended for entrepreneurs. We are not obliged to provide the Service to consumers.

Final provisions

Nothing in these Terms and Conditions limits or excludes liability to the extent that it cannot be limited or excluded under mandatory provisions of applicable law. If any provision of these Terms and Conditions is found to be invalid, ineffective or unenforceable, this does not affect the validity, effectiveness and enforceability of the remaining provisions.
We reserve the right to unilaterally change these Terms and Conditions as well as other terms that form part of the Contract, in particular the provisions on the price, the rules of conduct, the authorization to use the Service or liability for defects. We will notify you of any change through the administration of the Add-on, on the Profile or by sending an e-mail to your address. If you do not reject the change within 14 days of the notification, you accept the amended terms.
The Contract is governed by Czech law. All disputes arising from the Contract or in connection with it will be decided by the ordinary courts of the Czech Republic having subject-matter and territorial jurisdiction according to the location of our registered office.
The Contract constitutes our complete agreement in relation to its subject matter and supersedes all our previous arrangements regarding the subject matter of the Contract.
You are not entitled to unilaterally assign the Contract or any receivable against us, nor to unilaterally set off a receivable against any debt owed to us.
We exclude the application of any business customs within the meaning of § 558(2) of Act No. 89/2012 Coll., the Civil Code, as amended, with the exception of those we have expressly agreed.
We may place your business name, logo, trademark or any other business designation of yours on our website, in our marketing materials and/or in the Profile and use them as a reference in our offers.
These Terms and Conditions are effective from September 1, 2022.