Global Terms and Conditions

Basic Company Information

VARICAD, spol. s r.o.
Company address: Ještědská 168, Liberec 8, 460 08, Czech Republic, EU
Identification Number: 61325911
Tax number: CZ61325911
Registered in the Commercial Register of the Regional Court in Usti n. L.
Section C, File 6996

General Terms and Conditions for the sales of goods and services via Online Store located at www.varicad.com, effective May 25, 2018.

1. Scope

1.1. The GTC apply to the purchase of the software VariCAD in the Online Store www.varicad.com (and do not apply to any other purchases via e-shops operated by the company VariCAD, spol. s r.o.).

1.2. The GTC do not apply if a person who intends to purchase goods from the Seller, is a business company or a person acting on behalf of their business activities or of their independent occupation by ordering of the goods (sales partner etc.).

1.3. 1.3. The terms and conditions diverse to the GTC can be specified in the purchase contract. Diverse terms and conditions defined in the purchase contract overrule the GTC.

1.4. The content of the GTC can be modified or amended by the Seller. This article does not affect the rights and obligations established in the time of validity of the initial version of the GTC.

2.Phraseology

2.1. The Product (software product) – a file that contains the software of the company VariCAD, the e-documentation, the license code delivered electronically, eventually the particular installation media. The software product is not being sold itself – merely the right to use the software is provided – the License.

2.2. The License Owner – a business enterprise (an entrepreneur or a company) using the Product in their own business, a non-profit organization (school) using the Product for teaching or an individual – a consumer that does not operate business or other commercial activity. One may become the License Owner by purchasing the License or by obtaining the License free of charge from the company VariCAD, spol. s r.o. Unless stated otherwise, the license is time-unlimited. (Educational licenses for schools and students are valid for 12 months and can be renewed regularly. Trial – it is a fully functional license for 30 days).

2.3. The User – the end user of the Product (an entrepreneur or a company) who obtains the license from the Seller – has the limited right to use the copy of the Software for their business in cope with the license agreement that is an inseparable part of every VariCAD software copy. By purchasing the Product the User becomes the License Owner (with the right to use the product) but by no means they become the owner of the copyright. The VariCAD software license is solely bound to the registered user, it is not transferrable to any other user, and it must not be let, given, sold or transferred to a different user. Such a transfer is possible exclusively based on a written consent of the supplier (for a fee). The license cannot become the subject of the pledge, heritage or bankruptcy. If the enterprise ceases to exist (termination of business activities, insolvency, bankruptcy etc.) the license is terminated with immediate validity namely without any claims for a financial compensation from the supplier.

2.4. The Product Protection – the author of the software VariCAD assigns the right to protect their author copyright by all adequate means of protection in order to prevent the author´s copyright from the unauthorized copying and illegal use - this is usually carried out by the software scripting by the activation code.

2.5. The User Account – based on the registration of the buyer on the website www.varicad.com, the buyer may access the user interface (the User Account). From the User Account the buyer can place the orders of goods and all the purchased licenses are listed in the User Account.

The buyer is obliged to enter all the details correctly and truthfully when registering on the website and by ordering of the goods. The buyer is bound to update the details entered in the User Account in case of any alteration. The data entered by the buyer in the User account and by ordering of the goods are considered as correct by the Seller.

The access to the User Account is secured by the username and the password. The buyer is obliged to keep the information essential for the access to the User Account confidential. The buyer is not entitled to provide access to the User Account to the third parties.

The Seller is allowed to terminate the User Account, especially in case that the buyer has not used the User Account for more than ten (10) years, or if the obligations stated by the purchase contract (including GTC) have been violated by the buyer.

The buyer hereby acknowledges that the User Account must not be available constantly, mostly due to the indispensable maintenance of the hardware and software equipment of the Seller.

3. Ordering of the goods, purchase contract

3.1. All purchase orders submitted via the online store are binding. The buyer confirms having read the GCT and approving the GTC by submitting the purchase order.

3.2. The online store web interface includes information related to the goods, including the specification of the price of the particular goods. The price of the goods is stated without VAT in the 1st step of the purchase order, the prices including VAT and eventual related fees are stated in the 2nd step of the purchase order. The prices of the goods are effective in the time frame of their display on the online store web interface. This provision does not limit the possibility of selling the goods for individual conditions (i.e. for the price which is different from the price displayed in the online store).

3.3. The buyer submits the purchase order form in the online store web interface in order to order the goods. The Purchase order form (PO) includes especially information regarding the ordered goods (the buyer “inserts” the ordered item to the electronic purchase basket of the online store web interface), information about the way of payment of the purchase price of the goods, information about the required way of delivery of the purchased goods and information about the costs related with the delivery of the goods (if charged).

3.4. The buyer is able to check and modify the details entered to the purchase order form before submitting the purchase order, considering the possibility of the buyer to find and revise errors created by entering the data in the purchase order form. The buyer can dispatch the purchase order to the seller by clicking on the button “Submit order”. The data stated in the purchase order form are regarded as correct by the seller. The seller confirms receiving the purchase order by e-mail with no delay after having received the purchase order, namely to the e-mail address of the buyer stated in the user interface or in the purchase order (next “Buyer´s e-mail address”).

3.5. The seller is always entitled to ask the buyer for the additional confirmation of the purchase order (e.g. in writing or per phone) depending on the features of the purchase order (quantity of the goods, the purchase price, license specification etc.). If purchasing the student license that is intended solely for non-commercial use, the buyer is obliged to send a valid confirmation of study per mail or per e-mail or to send the confirmation of being an employee of the school that is entered in the purchase order details.

3.6. The contractual agreement between the seller and the buyer is established by receiving the order confirmation receipt (order acceptation) sent by the seller to the buyer via e-mail, namely to the buyer´s e-mail address.

3.7. The buyer approves of using remote means of communication when entering into the purchase contract. The costs incurred by using remote means of communication when entering into the purchase contract (costs for the internet connection, costs for phone calls) are fully covered by the buyer.

3.8. When ordering goods such as installation CD, DVD, etc. the delivery address is the postal address stated by the buyer in the purchase order form. If delivery to a different address is required, the buyer has to fill in the alternative postal address to the field “Note” in the second step of the purchase order form. When ordering goods of electronic nature – such as upgrade, ESD license etc. the goods is delivered to the buyer´s E-mail address (unless previously agreed otherwise).

4. Purchase price and payment terms

4.1. The buyer is obliged to take the ordered goods and to pay the price quoted in the purchase order. All prices of the software products, services or goods are listed without VAT unless stated otherwise. The buyer is informed about the total purchase price prior to the order submitting, namely in the second step of the purchase order, where the total price is displayed (including VAT in case VAT should be charged).

4.2. The buyer can pay the purchase price for the goods and eventual related costs due to the purchase contract using the following options :

- Cashless payment by bank transfer to the seller´s bank account (Nr. 181038330/0300) kept by ČSOB Liberec (further on „the Seller´s Account).

- Cashless payment by credit card.

4.3. The buyer is obliged to pay for the packaging and delivery costs in the agreed amount (if these are required) together with the purchase price. Unless expressly stated otherwise, the purchase price is understood including the delivery costs.

4.4. The seller does not claim any deposit or other similar payment from the buyer. This article does not affect the article 4.7. of the GTC regarding the buyer´s commitment to pay for the goods in advance.

4.5. In case of a cashless payment (payment in advance based on the issued proforma invoice) is the purchase price due till seven (7) days since entering into the purchase contract (unless previously agreed otherwise). The supplier provides the software license to the user at the moment of payment of the total license price including relevant taxes and fees. The payment is considered as settled as soon as the money is credited to the supplier´s account.

4.6. In case of a cashless payment the buyer is obliged to settle the payment for the purchase price of the goods together with the variable symbol of the payment (VS = Invoice number). In case of a cashless payment is the payment commitment of the buyer fulfilled as soon as the money is credited to the seller´s account.

4.7. The seller is entitled to ask for the payment of the total purchase price prior to dispatching the goods to the buyer, especially in case that the purchase order is not additionally confirmed by the buyer (article 3.5.).

4.8. Eventual discounts on the price of the goods provided by the seller to the buyer cannot be mutually combined.

4.9. Being common in the business relations or declared by the generally valid legislation, the seller will issue a tax receipt regarding payments based on the purchase contract to the buyer – an invoice. The seller is a VAT payer. The tax receipt-invoice will be issued by the seller to the buyer after the payment of price of the goods and it will be sent electronically to the buyer´s E-mail address or in written to the postal address stated in the purchase order. The tax receipt is the acknowledgement of the license purchase for the user as well.

5. Contract withdrawal

5.1. The buyer hereby acknowledges that apart from other circumstance it is not allowed to withdraw the purchase contract for the delivery of the goods that was modified due to the buyer´s wish or person, to return the electronically distributed software and to withdraw the purchase contract for the audio or image recording or a computer program if the original packing has been infringed.

5.2. Not being the case in the article 5.1 or another case, when contract withdrawal is not allowed, the buyer is entitled to withdraw the purchase contract, namely till fourteen (14) days since taking the goods over. One can return solely unregistered, unpacked and otherwise undamaged products that were not distributed for a particular customer by the producer. Software registered to the user or modified for the particular end user or ordered based on given registration details (upgrade or update of the product, ESD license) cannot be returned. To withdraw the purchase contract, the buyer has to inform the seller in written to the postal address of the seller or to the seller´s E-mail address.

5.3. In case of the contract withdrawal according to the article 5.2 of the GTC the purchase contract is cancelled entirely. The goods have to be returned till fourteen (14) days since the contract withdrawal. Has the buyer withdrawn the purchase contract, carries the buyer the costs related to the returning of the goods to the Seller, even in case that the goods cannot be by its nature returned by the common postal service.

5.4. Has the buyer withdrawn the purchase contract, the seller is not bound to return the accepted money to the buyer prior to the returning of the goods or proving dispatching the goods to the seller. The seller is entitled to include the claim of damages to the goods unilaterally against the buyer´s claim of the purchase price return.

5.5. The seller is entitled to withdraw the purchase contract at any time until the goods have been taken over by the buyer. In such a case the seller will return the purchase price to the buyer with no delay, namely cashless to the account defined by the buyer.

6. Transport and delivery

6.1. If the way of transport has been arranged upon the special buyer´s request, the buyer carries the risks and potential costs caused by this way of transport.

6.2. If the buyer is bound to deliver the goods according to the purchase contract to the location given by the buyer in the purchase order, is the buyer obliged to take the goods over by the delivery.

6.3. When taking the goods over from the transporter the buyer is bound to check that the packaging of the goods has not been damaged and in case of any defect the buyer has to inform the transporter with no delay.

7. Warranty claim

7.1. The claim of warranty can be applied on the production defects of the manuals or the installation media of the software product in the time frame of six (6) months since the purchase of the product and on hardware lock keys for twelve (12) months since the purchase of the product. The damaged packaging must be claimed by the transporter and the confirmed transport protocol must be attached to the warranty claim.

7.2. The claim of warranty does not apply to :

- The defects caused by wear and tear inflicted by the standard use of the goods, incorrect manipulation, unprofessional or unauthorised intervention, as well as by use, maintenance or installation that are in conflict with the accessory documentation or the manual.

- Mechanical damages caused by the buyer, defects caused by excessive and inappropriate use, by care negligence or by the damage inflicted by the force majeure.

7.3. The claim of warranty does not apply and it cannot be considered as a defect of the VariCAD product or as any damage inflicted by the VariCAD product in the following cases :

- If the product is being used in conflict with the reference manual or in conflict with the license agreement.

- By absence of the features or functions that are not listed in the documentation.

- By the fact that the product does not contain eventual legislation adjustments, that were unknown at the moment of the product development or if the user anticipated a different functionality of the product.

- If the product was operated on an inappropriate hardware or on hardware in conflict with the recommended system requirements that are provided by the supplier in the product documentation or on the website.

- If the product cannot be operated on the hardware that is not commonly available at the moment of the product´s development or on hardware or the operating system that is not supported.

- If the product is operated on an incorrectly configured computer or on an erroneously set computer network.

In order to avoid above listed misunderstandings, the supplier allows every user to use software VariCAD free of charge prior to the purchase for the time of 30 (thirty) days and to test its suitability. This 30 Day Free License can be downloaded on the supplier´s website, it is fully functional and it contains all features, as well as the commercial (time unlimited) license. The supplier (neither the author of the product) assumes no responsibility if the user has not used this option for any reason.

8. Personal data protection

8.1. The processing of personal data is done in a manner that is in accordance with the requirements of the General Data Protection Regulation (GDPR). All the obtained personal data will be used solely for the purposes connected with fulfilment of the required services.

8.2. By filling in the registration form (or the purchase order form in the online store) the buyer hereby acknowledges being bound to enter the personal data (name, surname, address, company ID, VAT ID, company name, e-mail address, phone number and further details entered in the user account by the registration or by the purchase order) correctly and truthfully and to inform the seller about any alteration of the personal data with no delay. Please read more information about personal data protection.

8.3. All the personal data provided by the registration or by the purchase are confidential and the seller cannot pass the data to any third party without a previous consent from the buyer.

8.4. The seller is obliged to remove the registered user from the current database of the online store if requested by the customer.

8. 5. The personal data will be processed automatically by electronic means.

8.6. The buyer hereby confirms that the provided personal data are accurate and that providing personal data is voluntary.

9. Miscellaneous

VariCAD spol. s.r.o. does not provide a money-back guarantee. This is based on the fact that the Software can be tested for free before the license is provided. Running VariCAD, you can display License Agreement using command “license”.

10. Final provisions

If the relationship founded by the purchase contract contains an international element, the parties agree that contractual relationship will be governed by the law of the Czech Republic.