e-Waals Terms & Conditions
The following General Terms and Conditions (the “Terms”) regulate the relationships of parties to a purchase/licence agreement entered into by and between Paint-Inspector.Com s.r.o., Co. Reg. No. 29378095, VAT Reg. No. CZ29378095, with its registered office at Koliště 1965/13a, 602 00 Brno, Czech Republic, contact email address firstname.lastname@example.org, phone No. +420 517 070 155, registered in the Commercial Register with the Regional Court in Brno, Section C, Insert No. 76809 (“PIC”) and the purchaser (“Purchaser”).
Detailed information about PIC and more contact details are available at https://www.paint-inspector.com/.
Purchaser is a consumer or an entrepreneur.
Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with PIC.
Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing the registration number in the order, the entrepreneur acknowledge having been bound by the rules stipulated in the Terms.
Product is an e-Waals online course. Detailed information about the e-Waals, up-to-date terms and conditions and prices are available at www.e-waals.com.
By placing the order, the Purchaser acknowledges having been familiarised with these Terms prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of PIC or PIC’s contractual partners cannot be used by the Purchaser by virtue of having purchased the products offered by PIC, unless a specific agreement individually provides otherwise.
When accepting the Products and/or services, the Purchaser is issued an invoice including the basic details of the agreement. The Purchaser will obtain an invoice to the Purchaser’s e-mail address which the Purchaser filled in the order. The Purchaser hereby agrees.
II. Pre-Contractual Representations and Warranties
PIC represents and warrants that:
- The cost of distance communication is subject to no additional fees (PIC charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider).
- The Purchaser is required to pay the purchase price before accepting the Product(s) from PIC or make an advance or similar payment.
- PIC enters into no ongoing contracts.
- Unless stipulated otherwise, the licence fee is agreed for the entire licence term.
- The prices for Products displayed on the www.e-waals.com operated by PIC are quoted excl. VAT, with all statutory fees (if any). However, the price incl. VAT is displayed during the order procedure, before placing order.
- Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of receiving the Product (e.g. the licence key). The withdrawal shall be made in writing (via e-mail) by sending the notice of withdrawal to the email@example.com.
- The consumer cannot withdraw from an agreement after the first Purchaser’s registration (i.e. first filling in the license code during registration) on the portal www.e-waals.com/registration.
- The costs incurred in association with returning the Product(s) (withdrawn agreements) are borne by the consumer.
- The consumer is required to pay a pro-rata price for Product already commenced to be used under a withdrawn agreement.
- The agreement (respective invoice) is sent to the Purchaser to the Purchaser’s e-mail address which the Purchaser filled in the order. The invoices are also saved in the electronic archive maintained by the PIC and the copy is available on request.
- Any complaints can be made by contacting the PIC or reported to the supervisory/ state supervision authorities.
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by PIC and in particular by adding the requested product to the cart. The Purchaser can change the products added to the cart as well as the selected payment method, i.e. check the order details, before placing a firm order. The purchase agreement is entered into upon the moment the Purchaser (having selected the payment method) submits the order and the order in question is received by PIC whereby PIC assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation email letter sent by PIC to the email address provided by the Purchaser.
The confirmation email letter is sent along with these PIC’s General Terms and Conditions. Unless stated in the Terms otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.
The executed agreement is archived by PIC for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described herein.
Under the purchase agreement, PIC undertakes to provide the digital content/licence to the Purchaser and enable the Purchaser to acquire the licence to the product/digital content purchased under the purchase agreement; the Purchaser undertakes to receive the digital content from and pay the purchase price to PIC.
As PIC reserves the right of ownership to the product, the Purchaser acquires the licence to the product only after the purchase price has been paid in full.
PIC delivers the licence key to the Purchaser along with relevant documents pertaining thereto and enables the Purchaser to acquire the licence in compliance with the agreement.
If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the Purchaser rejects such items without undue delay.
PIC delivers the purchased product to the Purchaser in the agreed amount, quality and design.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.
The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of PIC’s obligation.
The Purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.
The risk of damage passes to the Purchaser upon accepting the Product in question; the same applies also to cases where the Purchaser rejects to accept the Products although having been enabled by PIC to view and try the product.
Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of PIC’s obligation.
4. Liability (PIC)
PIC guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, PIC guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
- The product has the characteristics agreed by the parties or (if no agreement is reached) and the characteristics described by PIC.
- The product is provided in the corresponding quantity.
- The product complies with the requirements stipulated by law.
If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.
Purchasers shall report the defect (the ,,Claim”) without undue delay after the defect could have been identified by the Purchaser, but not later than two years after the product has been delivered to the Purchaser. The Claim shall be made by sending an e-mail to the firstname.lastname@example.org and shall contain the Purchaser’s identification data and a description of the defect. The Purchaser will obtain a confirmation of receiving the Claim by PIC and the information about its processing and settlement to the Purchaser’s e-mail address.
5. Digital Content
In using the digital content purchased from PIC, the Purchaser is to comply with the obligations stipulated herein, copyright law and product licence. Purchasers failing to comply therewith are liable to damages and may face legal consequences.
Purchasers of the digital content (being private individuals only) may and can use the digital content exclusively for their personal use and for the purposes other than economic or business benefit, whether direct or indirect, unless the licence states otherwise. The Purchasers further cannot copy or otherwise reproduce, make copies of or extracts from and otherwise handle the purchased digital content contrary to copyright law, other legal regulations or product licence. Access to the digital content may be denied and/or the licence deactivated if the digital content has been obtained illegally.
This same applies also to the digital content given by PIC to the Purchaser free of charge.
Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of receiving the licence key. The withdrawal shall be made in writing (via e-mail) either by sending the notice of withdrawal to the email@example.com.
The consumer cannot withdraw from an agreement after the first Purchaser’s registration (i.e. first filling in the license code during registration) on the portal www.e-waals.com/registration.
The Product shall be returned in the condition originally received by the Purchaser, otherwise the agreement cannot be withdrawn or delivery of a new product claimed. This does not apply if:
- The product was used by the Purchaser before the product was found defective.
- The product cannot be returned in the original condition for reasons other than beyond control (wilful act or neglect) of the Purchaser. OR
- The product was sold by the Purchaser before the product was found defective, consumed by the Purchaser or altered by the Purchaser in ordinary use. If only a part of the product was used, consumed or altered, the Purchaser returns to PIC everything that can be returned and compensates PIC up to the amount of benefit received from using the product.
Purchasers failing to report the defect in due course cannot withdraw from the agreement.
V. Personal Data Protection and Security
PIC represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the Purchaser and for PIC’s marketing purposes (incl. marketing activities performed together with PIC’s contractual partners). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered Products (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the Purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the Purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law. The Purchaser permits PIC to collect and process the disclosed personal data for the performance of the purchase agreement in question and for PIC’s marketing purposes (telemarketing, text messages and marketing information distributed directly by PIC or third parties); the consent is granted until revoked in writing by sending the notice of revocation to Paint-Inspector.Com s.r.o., IČ 29378095, Koliště 1965/13a, 602 00 Brno, Czech Republic or sending an e-mail to the firstname.lastname@example.org.
The terms and conditions for personal data protection are available and the personal data subject to the Purchaser’s consent are described in our www.e-waals.com/privacy-policy/.
Customers making a claim with PIC are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.
Purchasers may and can access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.
In order to prevent criminality and minimise the damage, PIC reserves the right to reject an order placed by the Purchaser from a blocked IP address listed on a blacklist. Purchasers encountering problems with placing their order may contact PIC via e-mail to email@example.com or via phone No. +420 517 070 155.
PIC reserves the right to collect data as to the users’ website activities and use the same in anonymised form to enhance its services.
VI. Business Hours
Orders placed in the PIC e-shop are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, PIC assumes no liability for non-observance of the stipulated business hours.
Telephone orders (on +420 517 070 155) can be placed from Monday to Friday from 09:00 AM to 05:00 PM (UTC+01:00).
The prices are contract prices. Prices quoted online in the e-shop at www.e-waals.com are always up to date and valid. The prices are quoted excl. VAT, with all statutory fees (if any). However, the price incl. VAT is displayed during the order procedure, before placing order.
PIC reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by PIC. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
Promo codes & Discounts
- Any Promo Codes must be applied no later than the deadline specified at the time the Promo Code is issued and will expire if not applied by this date.
- Promo Codes may not be used in conjunction with other Promo Codes or any other discounts or promotions provided or advertised, unless otherwise specified.
- Only one Promo code or Discount can be used per one purchase.
- Promo Codes may not be exchanged for cash.
- Each Promo code od Discount is valid until the specified expiration date.
The price will be stated on the order and in the e-mail confirming that the order has been placed. Orders can be placed as follows:
a. in the e-shop operated by PIC (www.e-waals.com); or
b. by email sent to firstname.lastname@example.org.
Telephone orders (on +420 517 070 155) can be placed from Mon-Fri 09:00 AM to 05:00 PM (UTC+01:00).
PIC recommends placing the orders via the e-shop.
PIC accepts the following for methods of payment
- wire transfer;
- online card payment (MasterCard/Visa) with the card details entered by the Purchaser being remembered by the respective bank and used for future payments (this option can be cancelled by the Purchaser).
Unless paid in full and received, the Products remain the property of PIC. The risk of damage passes to the Purchaser upon receipt.
Once the order is placed, the billing details of the Purchaser cannot be edited.
PIC reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.
Under the Sales Registration Act, PIC is required to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.
PIC delivers the Products electronically.
In case of force majeure or IT system disruption, PIC assumes no liability for late delivery of Products.
The warranty terms and conditions are governed by these Terms and relevant law.
Any legal issues which are not directly answered or resolved by the Terms shall be governed and construed by the laws of the Czech Republic, mainly the Civil Code of the Czech Republic (No. 89/2012 of Collection of Laws of the Czech Republic). All possible disputes arising from, related to or following the agreement/ the Terms between the PIC and the Purchaser shall be decided by the local competent court in the Czech Republic having territorial jurisdiction over the PIC, regardless of whether the PIC acts as a plaintiff or defendant in the dispute.
Should any of the clauses of the agreement/ the Terms be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.
These General Terms and Conditions and parts hereto come into force and effect on 6th September 2017.