§ 1 General Resolutions
- The owner of the Internet shop www.shop.cad2cad.eu ( hereinafter referred to as the shop ) is W.E.I.S. Engineering GmbH & Co KG, Rodenbacher Chaussee 6, 63457 Hanau, Germany, Tax Identification Number (Ust-IdNr.) DE258146737, entered into the register of entrepreneurs kept by the District Court for Hanau HRA 92603 ( hereinafter referred to as the seller );
- These regulations define the rules and conditions of using the shop’s services, especially purchasing in the shop as well as ordering services;
- These regulations, which are free of charge, have been made available to the client through the Internet page in the form that enables the regulations acquisition, reproduction and consolidation utilizing ITC (information and communication technology system) used by the customer;
- Placing an order in the shop means familiarization, acceptance and compliance with the resolutions as well as purchasing on conditions specified in the Regulations;
- Only entrepreneurs described in the Customer definition can purchase in the shop, a natural person cannot.
§ 2 Definitions
- Software Updating means a less significant change in the software, internal software and documentation, which adapts the existing function and / or the existing features in order to eliminate errors, defects and irregularities and which does not limit functionality;
- Delivery signifies providing the costumer with a software media defined in the order by the seller through the supplier;
- On-line Delivery means making software accessible on the Internet page for the customer by the seller in the form of electronic file which the customer unaided can save on their computer;
- Supplier – a delivery company or Polish Post with witch the shop collaborates;
- Customer – a natural personoperating a business, registered in Poland or abroad, legal person or administrative unit not being a legal entity whom the regulations of law in force assign legal capacity, as well as private partnership shareholders within their business that place an order in the shop;
- License Key – an inimitable customer’s identifier of the software license that has been granted to them;
- Software Configuration – software’s set of features that makes accessible selected software’s features including a type of selected software license defined by the customer while placing an order;
- License is an agreement for using the software between the seller who holds software proprietary copyrights and the customer who intends to make use of a given software. Each presented software available in the shop has an individual license agreement, which is delivered and presented to the customer during software installation;
- Media – CD/DVD or any other commonly used electronic data carrier chosen by the customer while ordering;
- Software – a computer program whose producer is the seller holding software proprietary copyrights for which the customer buys a license;
- Product – means software or service presented on the shop’s Internet page which the customer can order;
- Internet Page – the page where the Internet shop is kept in the domain cad2cad.eu;
- Sales contract means an agreement between the seller and the shop’s costumer in accordance with the procedures of these regulations;
- Upgrade software means a significant change in the software, inner software and documentation which adds functionality and / or new features and / or improvements to the existing software. Upgrade Software is usually delivered in the form of a new software version which is marked with a change of the version number;
- Service means service based on a service agreement for the software bought by the costumer within these regulations or remote installation service (remote installation);
- Order means making by the customer a purchasing offer of concrete products presented on the shop’s Internet page in accordance with the resolutions of these regulations.
§ 3 Order
- Customer can place an order through the “Cart” on the shop’s pages;
- After completing an order as well as giving the address, payment and delivery method, the customer sends the order to the shop.
- The shop automatically acknowledges ( by e-mail ) the order acceptance on the day of its receipt;
- Confirmation of receipt is sent automatically to the customer’s e-mail given while placing an order, and also a pro-forma invoice is issued;
- The order placed by the customer constitutes an offer in the view of the civil law regulations. Sending an e-mail message with the confirmation of the processing order range by the seller to the customer constitutes an offer acceptance;
- The place of making a sale arrangement is the seller’s site.
§ 4 Payments
- Price denominated in PLN is for the customers whose site is in Poland or foreign customers whose fixed place of business is in Poland;
- In the case of customers outside Poland the price is denominated in EUR;
- All the given prices are net ones without Value Added Tax (VAT);
- For the customers whose site is in Poland or foreign customers whose fixed place of business is in Poland, VAT at the rate as results from the regulations in force will be added to the invoice price;
- In the case of customers outside Poland in the sphere of goods and services others than intended for the fixed place of business in Poland, the seller will issue an invoice in accordance with The Act on Vat’s Art.106.2 without the tax rate and its amount but with the endorsement that the tax will be paid by the purchaser. In the case presented in the previous sentence the tax is to be paid by the customer;
- Regarding the goods bought by the customers form the European Union’s countries other than Poland whose place of taxation is a country of the European Union other than Poland, in accordance with the regulations in force, the seller will prepare a sum up quarterly tax information and give it to a proper tax authority;
- The price of each good is binding from the moment of placing an order by the customer. The price is binding both for the customer and the seller;
- A VAT invoice is issued for each order;
- The seller is authorised by the customer to issue a VAT invoice without the recipient’s signature;
- The customer makes a payment for the ordered goods though a transfer to the seller’s bank account or through the PayPal electronic payment system;
§ 5 Delivery
- The ordered software media are delivered through the supplier if the customer chooses other type of delivery than On-line delivery while placing an order;
- The seller will begin delivery execution after having booked the customer’s payment;
- The ordered software carrier is delivered at the address defined in the order form as the delivery address;
- The delivery cost is given each time while placing an order by the customer;
- The delivery date of the ordered software media is up to 14 working days from the moment of receiving the payment by the seller;
- In the case of On-line delivery the customer receives an Internet page address from which they can download the software;
- After making a payment for the ordered software configuration, software installation and sending a request unlock ID’s, the customer will receive a license key by e-mail;
§ 6 Services
- For each software the customer can order optional services such as
- Service based on service agreement
- Remote installation service
- Services are carried out after receiving payments by the seller;
- Service based on service agreement will be in force for 12 months from the date of receiving the payment by the seller;
- Services based on service agreement are available in two different packages: Standard and Premium;
- In the Standard package the customer receives:
- The possibility to report a problem by e-mail;
- The analysis of the reported problem with the software in the time not longer than 5 working days from the moment of the problem report without the guarantee of the problem removal;
- Software Update.
- In the Premium package the customer receives:
- The possibility to report a problem by e-mail, telephone or through TeamViewer;
- The analysis of the reported problem with the software in the time not longer than 3 working days from the moment of the problem report and its removal;
- Advice and hints concerning the software;
- Software Update;
- Upgrade software.
- The service of remote installation is an optional service and in its field the seller’s worker carries out a software installation in a computer presented by the costumer. In order to carry out the service, the seller must have the possibility of connection through the remote Desktop with an appliance indicated by the customer through the Internet.
§ 7 Seller’s rights and obligations
- The shop is held responsible for not carrying out or improper carrying out of a sales contract within the practically incurred expenses by the customer excluding the loss of interest which is limited to one case of damages to the amount of 10 percent value of the contract.
- The shop is not held responsible for:
- any third party loss that occurred as a result of making use of the shop by the customer contrary to the legal regulations;
- any third party loss that occurred as a result of making use of the purchased software by the customer contrary to the legal regulations;
- a loss that occurred as a result of giving false or incomplete information by the customer for the sales contract performance.
- In order to process an order, any data given by the customer while placing an order will be kept and processed by the seller;
- The given data will not be passed to a third party except the customer’s data transfer to the deliverer for the contract performance;
- The shop declares that it is obliged to protect any information given by the customer in accordance with the safety protection and nondisclosure principles resulting from the legal regulations in force;
- The shop uses small files called cookies, which are saved by the shop’s server on the computer of a person visiting the shop. The cookie file usually contains the domain’s name from which it originates, its expiry of termination as well as a randomly selected individual number identifying this file. Information collected with the use of this type of files helps adjust products offered by the shop to the individual preferences and actual requirements of the shop’s visitors. They also give the possibility of developing the visiting statistics. The cookies mechanism is absolutely safe for the customers’ computers, which the viruses cannot get through.
§ 9 Copyrights
- The seller holds the exclusive copyrights to all materials, samples, forms and any other contents included in the shop’s page;
- The use of materials included in the page is allowed only for cooperation with the seller. Copying, transfer as well as disclosure of contents included in the shop’s page to a third party whether for remuneration or not is forbidden;
- All the data and any other materials to which the customer has been given an access are protected by the copyright law.
§ 10 Final provisions
- The customer is obliged to use the shop in accordance with the legal regulations, the resolutions of these regulations and good practices.
- The shop has the right to change the regulations.
- The new regulations come into force with the day of their publication on the Internet page.
- All the orders accepted by the shop for execution before the declaration of the new regulations are processed on the basis of the regulations that were in force while placing an order by the customer.
- To all matters not settled herein regulations the provisions of the Civil Code shall apply.
- The parties will make every effort to settle all the possible disputes which may result from these regulations out of court, and if an amicable settlement will prove to be impossible, the disputes will be settled by a proper common court in view of the seller’s site.
- The regulations constitute an integral part of the sales agreements that are concluded by the seller with customers.
- These regulations become effective as of the date of 13th December 2011.