Terms and Conditions of Sale at CODEWARE, s.r.o. TERMS AND CONDITIONS OF SALEPLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE Format of the Contract These terms and conditions of sale apply to all goods supplied by CODEWARE, s.r.o., Jaromirova 484/37, 120 00 Prague 2, registered in Czech Republic, City Court in Prague, Section C, Inlay No. 43043 (the "Supplier"), VAT registration No.: CZ61061395 and you (the "Buyer"), where buyer can be: Consumer – natural person who doesn't conduct shopping in the name of business activities of his company; Entrepreneur - person registered in the Commercial Register or employee of a company registered in the Commercial Register. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. By way of clarification, an acknowledgment of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. The contract is subject to your right of cancellation (see below). The Supplier may change these terms of sale without notice to you in relation to future sales. Description and price of the goods The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be canceled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. In addition to the price, you pay a delivery charge for the goods. Payment Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence. There will be no delivery until cleared funds are received. Payments shall be made by you without any deduction whether by way of setoff, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. Delivery The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the Czech Republic. Delivery will be made by one of the shipping service provider shown in the list. Supplier shall not held responsible for any late, wrong, or non- delivery by the delivery service provider. However evidence of delivery can always be provided. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may: store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods. If you fail to take delivery because you have canceled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. Risk/Title The goods are at your risk from the time of delivery. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: the goods, and all other sums which are or which become due to the Supplier from you on any account. The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier. Your right of cancellation You have the right to cancel the contract at any time up to the end of 14 days from date of delivery (see below). To exercise your right of cancellation, you must give written notice to the Supplier by letter, fax or e-mail, at the fax number or e-mail address shown in the "contact us" page of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. If you exercise your right of cancellation after the goods have been delivered to you, you must make sure that the item(s) is (are) in saleable condition. If the item(s) is (are) not in saleable condition, we might apply 10 - 40% restocking fee depending on the condition of your return. The goods must be returned to the address shown in the "contact us" page of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Once you have notified the Supplier that you are canceling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods less any expenses incurred. If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned. Warranty All goods supplied by the Supplier are warranted free from defects for period written on sale document from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval. If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or fax number shown in the "contact us" page of the website within 7 days after receiving them. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. You should return the goods to the Supplier within 14 days from the date the return is authorized. Otherwise you you would have to make a new returns request again as per 7.4. The goods must be returned to the address shown in the "contact us" page of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. If the goods returned is subsequently tested to be working normally, you need to pay the postage to get it back, and we may also apply testing fee. Limitation of Liability The Supplier´s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation. If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. Data Protection The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you. Applicable Law These terms of sale and the supply of the goods will be subject to Czech law and the Czech courts will have jurisdiction in respect of any dispute arising from the contract.