I. DEFINITIONS
The below mentioned terms used in these Regulations are always to be understood as:
1. Client – a natural person, legal person or organisational entity without legal personality on whom applicable laws and regulations confer legal capacity, person or entity which uses the Store, and especially which orders products available in the Store in accordance with the principles specified in these Regulations;
2. Consumer – Client being a natural person who makes purchases in the Store in the scope not directly related to the person’s business or professional activity (pursuant to Art. 22 [1] of the Civil Code)
3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations – these Regulations determining the general conditions of sale and the rules for the provision of electronic services as part of the tsplus.eu online store;
6. Product – products presented in the Online Store, delivered by the Seller in the form of digital content;
5. Online Store (Store) – online store operated by the Administrator, accessible through a dedicated website available at https://www.tsplus.eu/store
7. Sale Agreement – agreement the subject of which is the sale of computer software licenses within the meaning of the Copyright and Related Rights Act, concluded between the Seller – TSplus.eu and the Client, with the use of the Store’s website;
8. The Copyright and related rights Act – the Act of 4 February 1994 (Journal of Laws of 1994 No. 24 item 83);
9. Consumer Rights Act – the Act of 30 May 2014 (Journal of Laws of 2014, item 827);
10. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Order – customer’s declaration of will expressed with the Store’s functionality, indicating e.g.: type of the Product available in the Store at the time of the Order, price, Client’s data. The Order constitutes an offer to enter the agreement on the purchase of the Product of parameters expressed in the Order;
II. GENERAL INFORMATION
1. These Regulations define the rules of the Store’s functioning, including the rules for placing orders for the products available in the Store.
2. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
3. The TSplus.eu online store, operating at https://www.tsplus.eu/store, is run by Eland IT Sp. z o.o. TSPlusEastern Europe, ul. Ferdynanda Ossendowskiego 7, 93-228 Łodz, NIP (Tax Identification Number): 7282793534, phone. +48 (42) 206 74 76. KRS 0000483582: DISTRICT COURT FOR LODZ Downtown in LODZ, XX ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER.
4. These Regulations specify in particular:
– terms and conditions for electronic placing orders for the products available in the Store;
– terms for the conclusion and termination of the Product Sale Agreements
5. Eland IT Sp. z o.o. TSPlusEastern Europe offers the possibility of concluding sales contracts via the website www.tsplus.eu/store, the subject of which is the sale of computer software licenses.
6. By placing an order and concluding a sales agreement, the Customer acquires only the license key, based on which he can use the specific computer software under the conditions specified by the manufacturer, without the right to sublicense.
7. To use the Store, including product browsing and placing orders for the products available in it, it is necessary to have: a) computer, laptop, multimedia device with an access to the Internet; b) web browser, such as Internet Explorer, Mozilla Firefox, Google Chrome, Opera, Safari; c) JavaScript enabled in the browser; d) active electronic mail address (e-mail address).
8. Store product browsing and placing orders by the Client does not require registration.
9. Customers can access these Regulations at any time via the link on the main page of the site https://www.tsplus.eu/store/ and download it and print it.
III. RULES FOR USING THE ONLINE STORE
1. TSPlus.eu may deprive the Customer of the right to use the Online Store, as well as may limit his access to part or all of the resources of the Online Store, with immediate effect, in the event of the Client’s violation of the Regulations, and in particular when the Client:
– has committed infringing personal rights of third parties, in particular the personal rights of other customers of the online store through it,
– has committed other behaviors that will be recognized by TSplus.eu as not complying with applicable law or general principles of using the Internet or which harm of the TSplus’s good name .
2. The Online Store shall take technical and organizational measures appropriate to the security threat level of the services provided, in order to ensure the security of the transmission of messages and data.
3. The Client is obliged to use the Store in accordance with legal provisions and good manners, respecting personal goods, copyrights and intellectual property of the Seller and third parties. It is forbidden to undertake any actions which could influence the proper functioning of the Store, including an interference in the Store’s content or its technical elements, and providing unlawful content. It is forbidden to use the Store for other purposes than it was originally created for, especially including spamming, or for example running commercial, advertising, or promotional activities.
IV. TRAIL PERIOD
1. Before purchasing products via the online store TSplus.eu, the customer can use the free 15-day trial version of the software.
To do this, download the installation file of the selected product from www.tsplus.eu, and then install it on your device by following the instructions displayed on the screen.
2. The trial version of the TSplus software contains all functionalities available in the TSplus Enterprise edition.
V. PROCEDURE FOR CONCLUDING THE SALE AGREEMENT
1. In order to conclude a Sales Agreement via the Online Store, it is necessary to go to the website https://www.tsplus.eu/store/ and indicate the Products available in the Store the Client is interested in purchasing by using the option “BUY NOW” (or equivalent); and proceed as follows: a) provide data for invoicing, b) provide serial number of TSplus trial license; c) provide the e-mail address and contact phone number; d) choose the method of payment; e) confirm the Order, including the total price of the Order.
2.Until the moment of the Order placement confirmation – clicking the option „Place Order ” (or other equivalent) – the Client has the possibility to modify the Order.
3. After providing all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain, among others, description of selected products or services and total price.
5. In order to place an Order, it is necessary to confirm the fact of familiarization with these Regulations and accept the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
6. Information about the Products provided on the Store’s website constitutes an offer within the meaning of art. 66 of the Civil Code. Sending the Order by the Customer constitutes a declaration of will to conclude a Sales Agreement with TSplus.eu, in accordance with the Regulations.
The agreement is treated as concluded when the Clients Order is received by the online store’s IT system, provided that the Order complies with the Regulations. After placing the Order and the conclusion of the agreement, the Client receives an e-mail confirming all relevant elements of the Order.
7. The Sale Agreement concluded between the Client and the Seller concerning the purchase of given Product from the Store is subject to time-limits and lasts throughout the period of the Order execution.
8. Clients can access these Regulations at any time via the link on the site https://www.tsplus.eu/store/, download it and print it.
9. The Administrator neither controls nor verifies the identification data of the Clients provided by the Clients during the Order placement process. The Client declares, that the data provided during the Order placement process are true. The Administrator may condition the Client’s Order acceptation on the authentication of the provided data in duly justified cases when suspicions that the data is false exist. The Client is obliged to update the data necessary for the Order execution and to immediately inform the Seller about each change of the data which has an influence on the proper execution of the Order.
VI. DELIVERY
1. The products delivery (in the form of license files) is carried out via e-mail to the e-mail address provided by the Client when placing the Order.
2. The delivery execution time is 24 hours and is counted from the moment the Store receives confirmation of payment for the Order.
VII. PRICES OF THE PRODUCTS AND PAYMENTS
1. Prices provided next to the Products available in the Store are prices expressed in Polish Zloty excluding VAT. Depending on the territorial zone of placing the order, VAT in the statutory binding rate will eventually be charged after entering by the Client all data needed to place the order.
2.The prices provided in the Store are binding at the moment of the Order placement by the Client. The information concerning the total amount of the Order, including the cost of all products is introduced to the Client within the frameworks of the Client’s “Shopping basket”, placed order and in the e-mail concerning the Order acceptance for execution sent by the Seller.
3. The Client may choose the following methods of payment for the ordered Products:
a) bank transfer,
b) PayPal payment,
c) payment in the TPay system
4. The Seller issues and provides the sales note (invoice) to the Client after the Order execution.
VIII. WITHDRAWAL FROM THE SALE AGREEMENT
1. In accordance with the Act on Consumer Rights of 20 May 2014, the Client being a Consumer has the right to withdraw from the Sale Agreement concluded with the Seller within 14 days, without a justified reason in this regard, by submitting suitable statement. You have the right to withdraw from this agreement, however provided that this is done before Client’s payment for the order, and before TSplus’s generation and sending your license file on your e-mail address.
2. The Consumer, in accordance with Article 38 of Consumer Law, shall not be entitled to withdraw from the Sale Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications. Electronic licenses (ESDs) are a non-fabricated item constituting a service performed for the Buyer. Before purchasing, the Client should use the trial version of the software to ensure that the software meets all their requirements. Licenses are personal and issued for one specific end user, which is why they constitute a service which after payment of the order is not subject to cancellation, return or complaint.
b. for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon the consumer’s explicit consent before the time limit for withdrawal from the contract expires and after being informed by the entrepreneur about the loss of the right of withdraw from the sale Agreement;
– the provision began before the expiry of the period within which the Agreement may be withdrawn;
– the Consumer has agreed to start the service before the expiry of the withdraw deadline;
– the Consumer has been informed of the loss of the right of withdrawal before commencing service.
3. In agreements for the delivery of digital content, the Seller is also the Licensor of the distributed digital content, and the license agreement is concluded between the licensor and the Client who is the end user of digital content.
4. With your consent as a consumer, we fulfill the contractual obligation to provide digital content – before the expiry of the 14-day period for withdrawal. This means that when we provide you with products or allow you to download them with your consent, e.g. we provide you with an license file – your right to withdraw from the contract expires.
[Legal basis: art. 38 point 13 of the Act of 30 May 2014 on consumer rights.]
IX. COMPLAINTS REGARDING SOFTWARE
1.The program is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. Some countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from country to country.
2. In the case of a Sales Agreement concluded with a Client who is not also a Consumer, pursuant to art. 558 § 1 of the Civil Code, the Online Store’s liability under the warranty for defects in the Product is excluded.
X. COMPLAINTS REGARDING ELECTRONICALLY SUPPLIED SERVICES
1. TSplus.eu undertakes actions to ensure the fully correct operation of the Online Store, to the extent that results from current technical knowledge and undertakes to remove any irregularities reported by Clients within a reasonable time .
2. The Client may notify us of any irregularities or interruptions in the operation of the Online Store website. Irregularities related to the functioning of the Store should be reported electronically to: licenses@tsplus.eu
3. In the complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of occurrence of the irregularity.
4. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.
XI. COPYRIGHT
1. By placing an order and concluding a sales agreement the Client does not acquire copyrights – within the meaning of the Act of February 4, 1994. on copyright and related rights (Journal of Laws
of 1994, No. 24, item 83, as amended) – to computer software for which he has obtained a license file.
XII. OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES
1. Client, being a Consumer, has the following possibilities to use the out-of-court complaint and claim procedures:
a) The Consumer has the right to request the permanent consumer arbitration court of the Trade Inspection to resolve the dispute resulting from the Sale Agreement concluded with the Seller;
b) The Consumer has the right to request the Voivodship Inspectorate for Trade Inspection to conduct a mediation procedure on the amicable settlement of the dispute between the Consumer and the Seller;
c) The Consumer may obtain free assistance on the settlement of the dispute between the Consumer and the Seller, also taking advantage of free assistance of the Poviat (municipal) Consumer Ombudsman or social organisation whose statutory activities cover the protection of consumers (e.g. The Consumers’ Association, The Association of Polish Consumers).
2. Detailed information concerning the possibility to use out-of-court complaint and claim procedures by the Consumer and the rules to access those procedures are available in the head offices or on the webpages of the Poviat (municipal) Consumer Ombudsmen, social organisations whose statutory activities cover the protection of consumers, Voivodship Inspectorate for Trade Inspection and on the following webpages: http://www.uokik.gov.pl and http://www.rzu.gov.pl.
3. The Consumer has the possibility to settle consumer disputes by electronic means of EU-wide online platform (ODR platform): http://ec.europa.eu/consumers/odr. The ODR platform is a multilingual, interactive webpage providing services to the consumers and entrepreneurs seeking to settle the disputes resulting from sale agreements concluded at a distance, or the agreements on the provision of services, in an out-of-court way.
XIII. FINAL PROVISIONS
1. The court having jurisdiction to settle disputes between the Seller and the Consumers shall be the court competent locally in accordance with the provisions of the Code of Civil Procedure
2. Any disputes arising between TSplus.eu and the Client, who at the same time is not a Consumer, shall be settled by a competent court with respect to the Sellers headoffice.
3. Matters not covered by these Regulations shall be governed by applicable provisions of law in force on the territory of the Republic of Poland, including provisions of the Act on Copyright and Related Rights (Act of February 4, 1994.), the Civil Code, Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended), Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827) and other applicable provisions of the Polish law.
