Terms & Conditions for e-Shop
These Terms and Conditions („Terms and Conditions“) of commercial company Virtual Human Technologies s.r.o., with registered office at Na Folimance 2155/15, 120 00 Praha 2, ID No: 039 01 408, registered in the Commercial Register administered by the Municipal Court in Prague, section C, insert 239006 (the „Seller“) regulate in compliance with Section 1751 subsection 1 of Act No. 89/2012 Coll., the Czech Civil Code („Civil Code“) mutual rights and obligations originated in connection with or based on the purchase agreement („Purchase Agreement“) entered into by Seller and another person („Purchaser“) through the e-shop of the Seller. The e-shop is run by Seller on website address https://virtualorator.com/shop (the „Website“), and that through interface of the website (the „Interface of website“).
Terms and Conditions do not apply in situations when person who intends to buy Apps from the Seller is a consumer (natural person who acts outside its business activity or independent profession while ordering goods) as well as an artificial legal person or natural person, who acts within its business activity or independent profession while ordering goods.
Provisions different from Terms and Conditions can be negotiated in the Purchase Agreement. Any different provision in the Purchase Agreement has priority over provisions in these Terms and Conditions.
Provisions of Terms and Conditions are an inseparable part of the Purchase Agreement. The Purchase Agreement and Terms and Conditions are drafted and executed in two counterparts in the Czech and English language. The Purchase Agreement can be entered into either in Czech or in English language.
The Seller offers exclusively digital content on his website. Relevant items are applications for devices for virtual reality („Apps“) including add-ons to these Apps („Add-Ons“). If the term App appears in these Terms and Conditions, it refers to the App itself including Add-Ons. In accordance with Section 1811 subsection 2 paragraph h) and i) the Seller declares that the Apps may only be used on the following devices: PC with operating system Windows used in conjunction with an acceptable Head-mounted display (HTC Vive, Oculus Rift or Oculus Rift DK2). Seller shall not be liable for the malfunction of the App when used on other devices. The Seller declares that separately purchased Add-Ons to the App are solely designed for use in connection with the App and that these Add-Ons will not function if the Purchaser is not an authorized licensee to use the App. Seller shall not be liable for the malfunction of the separately purchased Add-Ons in the case that the Purchaser is not an authorized licensee to use the App.
End user license agreement („EULA“) is along with these Terms and Conditions also an inseparable part of the contractual relationship between Purchaser and Seller.
Terms and Conditions may be modified or amended by the Seller. This provision shall not affect the rights and obligations arisen throughout the effective period of the previous version of Terms and Conditions.
THE USER ACCOUNT
The registration and the use of the Seller´s website is governed by the Terms of Service available here.
THE CONCLUsION OF THE Purchase Agreement
Any presentation of the Apps hosted in the web interface of the shop is only informative and the Seller is not obliged to conclude a purchase agreement regarding these applications. The provision of Section 1732 subsection 2 of the Czech Civil Code shall not apply.
The prices of the Apps listed on the website are always exclusive of value added tax and all related charges. VAT and other related charges shall be added to the purchase price during the ordering process in accordance with binding tax legislation. Since in the initial phase the order is only determined by the IP address of the Purchaser, the taxes are not definite and it may be subsequently modified based on additional information provided by the Purchaser in accordance with binding tax legislation.
The prices of the Apps remain valid as long as they are displayed on the web interface of the e-shop and can be modified at any time. The Purchaser's right to conclude the Purchase Agreement under individually negotiated conditions is not restricted by this provision.
To order the Apps the Purchaser fills in the order form on the web interface of the e-shop. The order form contains particularly the information about:
The ordered Apps (the Purchaser shall „Add to Cart“ the ordered Apps into an electronic shopping cart on the web interface of the shop);
The method of payment of the purchase price of Apps and
The information about the required method of delivery of ordered Apps (hereinafter collectively as the „Order“).
The Seller is always entitled, depending on the nature of the order (number of Apps, purchase price, etc.), to ask the Purchaser for additional confirmation of the order (for example by writing or by telephone).
The contractual relationship between the Seller and the Purchaser arises by delivery of the acceptance of the Order which is sent to the Purchaser by electronic mail to the Purchaser´s email address.
The Purchaser agrees with the use of means of distance communication in the process of conclusion of the Purchase Agreement. The costs arisen with usage of the means of distance communication connected with the conclusion of the Purchase Agreement and connected with downloading of the Apps from the Website (costs for the internet connection, etc.) are paid by the Purchaser himself, and these costs are not differentiated from the basic rate.
THe PRICE OF APPS AND THE TERMS OF PAYMENT
The price of Apps and the prospective costs connected with delivery of Apps can be paid by the Purchaser by these following means:
Cashless in EUR by transfer on Seller´s account maintained by Komerční banka, BIC/SWIFT KOMBCZPPXXX, account no. 1079966960297/0100, IBAN: CZ3601000001079966960297;
Cashless in USD by transfer on Seller´s account maintained by Komerční banka, BIC/SWIFT KOMBCZPPXXX, account no. 1152215620257/0100, IBAN: CZ9001000001152215620257. (accounts hereinafter collectively referred to as the „Seller's accounts“);
Cashless by credit card.
If not stated otherwise, the purchase price includes also costs connected with the delivery of the Apps.
The Seller does not require from the Purchaser an advance payment or another similar payment. However, the article 4.6 of these Terms and Conditions which states the obligation to pay the purchase price in advance is not affected by this provision.
In the case of cashless payment, the purchase price is due within 30 days of the conclusion of the Purchase Agreement.
In the case of cashless payment to the Seller's accounts, the Purchaser is obliged to pay the purchase price together with stating the number of the Order in the payment notes. Obligation of the purchaser to pay the purchase price is fulfilled at the moment when the purchase price is credited to the Seller´s account.
The Seller is entitled to require the payment of the full purchase price before sending a link to download the Apps to the Purchaser. Section 2119 subsection 1 of the Czech Civil Code shall not apply.
Any discounts from the price of Apps provided by the Seller to the Purchaser cannot be mutually combined. If the discount provided by the Seller is determined by submission of a document proving Purchaser’s status (e.g. study record, certificate of educational institution status etc.), this discount will be provided after the submission of relevant document and approval of the discount by the Seller.
Shall it be common in business relations or shall it be provided by applicable legislation, the Seller will issue to the Purchaser the tax document - an invoice about the payments conducted according to the Purchase Agreement. The Seller is VAT registered with registration number CZ03901408. The tax document – invoice will be issued immediately after the completion of the Order and will be available from the user account of the Purchaser on the website https://virtualorator.com/my-account.
According to Czech Act No. 112/2016 Coll., on Registration of Sales the Seller is obliged to issue a receipt to the Purchaser. At the same time the Seller is obliged to register the sale to tax administrator online; in case of a technical problems within 48 hours at the latest.
Withdrawal FROM THE Purchase Agreement
The Purchaser hereby expressly agrees according to Section 1837 paragraph l) of the Czech Civil Code, that the App will be delivered before elapsing of the statutory time period for withdrawal. The Seller hereby notify to the Purchaser, that Purchaser does not have lawful right to withdraw from the Purchase Agreement in the case of delivering the App before elapsing the statutory time period for withdrawal according to Section 1837 paragraph l) of the Czech Civil Code.
In spite of article 5.1. of these Terms and Conditions, the Seller enables the Purchaser to withdraw from the Purchase Agreement within fifteen (15) days from the moment of conclusion the Purchase Agreement by sending request to the email address firstname.lastname@example.org. The request has to contain following information:
- the number of the Order;
- the name of Purchaser;
- the date of Order;
- short explanation about the reasons for withdrawal.
In the case of a withdrawal by the Purchaser, the Purchase Agreement is canceled from the beginning at the moment of approval of such withdrawal by the Seller. The Seller usually decides about the withdrawal within two (2) business days after receiving the withdrawal. Not stating any of the required information according to article 5.2 may slow the process of decision about withdrawal.
The Purchaser is obliged in the case of withdrawal to uninstall and delete all downloaded Apps from their devices. Seller reserves the right not to let the Purchaser withdraw from the Contract even the requirements in the article 5.2. were fulfilled in case of special occasions.
In the case of withdrawal from Purchase Agreement according to the article 5.2. of Terms and Conditions, the Seller shall return to the Purchaser the purchase price accepted from Purchaser within fourteen (14) days from Purchaser´s withdrawal from Purchase Agreement in the same method of payment used by the Purchaser, eventually by another method agreed by the Seller and the Purchaser. Return shall mean the moment when the Seller orders the payment to the payment institution. Should there be any special costs on the side of the Seller connected with the method of payment used by the Purchaser, the Seller is entitled to set off these costs against the refunded purchase price without prior consent of the Purchaser. If the Purchaser will withdraw from the Purchase Agreement, the Seller is not obliged to return the purchase price sooner than at the moment when the Purchaser deletes all the downloaded and not yet installed Apps from their devices and the Seller is entitled to ask the Purchaser to verify this fact.
In the situations when the Purchaser has the right to withdraw from the Purchase Agreement, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the Apps are downloaded by the Purchaser. In such case, the Seller shall return to the Purchaser the purchase price cashless in the same method of payment used by the Purchaser, eventually by another method agreed by the Seller and the Purchaser.
DELIVERY OF THE APPs
The ordered Apps shall be delivered to the Purchaser exclusively as a digital content. After payment of the purchase price, the link to download the ordered Apps will be delivered to Purchaser’s email address.
In the case that from Purchaser's reasons the Apps have to be delivered by different means than by the mean stated in article 6.1 of the Terms and Conditions and such mean would be expressly approved by the Seller, the Purchaser is obliged to pay the costs connected with this different mean of delivery.
If the Purchase Agreement is entered into only for the Add-Ons to the App which broaden the functions of the App and are not delivered together with the App these Add-Ons are ordered directly through the App. The Purchaser may download the Add-Ons through the App and install them to his device as part of the App after the payment of the purchase price.
Any other rights and obligations of the contracting parties connected with the delivery of the Apps may be regulated by the special delivery conditions of the Seller, if Seller has issued such conditions.
RIGHTS FROM THE DEFECTIVE performance
The rights and obligations of the contracting parties regarding defective performance are governed by the applicable legislation.
The Seller is liable to the Purchaser that the App does not have any defections at the moment of the acceptance. Especially, the Seller is liable that at the moment the Purchaser accepted the App:
The App has quality, which was arranged by the parties, and if such arrangement is missing, it has quality which was described by the Seller, or which was expected by the Purchaser regarding the nature of the Apps and based on advertisements;
the App is suitable for the aim, which is stated by the Seller or to which is the App usually used for;
the App has quality and performance of the agreed sample or model, if the quality was determined by the agreed sample or model;
the App is in the agreed amount and
the App suits to the requirements of the legal regulations.
The Seller notes that the Apps are designed for practisingpracticing public speaking and may help in dealing with the fear of public speaking, but the Seller does not guarantee that the Apps will get rid of Purchaser’s fear of public speaking completely and in a short term. The application has to be used repeatedly and regularly to achieve the desired results.
The Purchaser may claim the rights from the defective performance by sending an email on Seller’s email address email@example.com.
other rights and obligations
The Purchaser shall require the license to use the App upon payment of the full amount of the purchase price for the App, agreeing with these Terms and Conditions and by entering into EULA.
The Seller is not bound by any codes of conduct within the meaning of Section 1826 subsection 1 paragraph e) of the Czech Civil Code in the relationship with the Purchaser.
Dealing with the complaints of the consumers is conducted by the Seller through the email address firstname.lastname@example.org. The information about the decision about complaint of the Purchaser will be sent by the Seller to the Purchaser’s email address.
For the alternative dispute resolutions from the consumer Purchase Agreement the appropriate body is the Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID no.: 000 20 869, website address http://www.coi.cz. Platform for resolving the disputes online located on the website address http://ec.europa.eu/consumers/odr may be used when resolving the disputes between the Seller and the Purchaser from the Purchase Agreement.
European consumer center for Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, website address: http://www.evropskyspotrebitel.cz is the contact place according to Regulation of European Parliament and of the Council of the European Union No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and directive No. 2009/22/EC (regulation on consumer ODR).
The Seller is entitled to sell the Apps based on trading certificate. Trading control is conducted by the relevant trade licensing office. Supervision over the protection of personal data is conducted by the Office for Personal Data Protection. Czech Trade Inspection Authority conducts in the defined scope among other things the supervision over complying with Act No. 634/1992 Coll., about consumer protection, as amended.
The Purchaser hereby takes over the danger of change of circumstances within the meaning of the Section 1765 subsection 2 of the Czech Civil Code.
THE PROTECTION OF PERSONAL DATA
In relation with conclusion and performance of the Purchase Agreement via the Website, the Seller processes as a controller personal data of the Purchaser (or natural person acting on behalf of the Purchaser). Information about personal data processing and rights of the data subjects, is available on the Website (https://virtualorator.com/privacy-policy/).
Under the conditions of Act no. 480/2004 Sb., on Certain Services of Information Society and on Amendments of Certain Acts, as amended, the Seller may send newsletters about their goods and services to the Purchaser who provided their e-mail and/or telephone number in connection with conclusion of the Purchase Agreement, or to other persons who actively subscribed for newsletter of the Seller. If you no longer wish to receive the newsletters, you may unsubscribe at any time and free of charge via e-mail: email@example.com.
Everything can be delivered on the Purchaser´s email address.
These Terms and Conditions shall be used appropriately also on the Apps and Add-ons that are offered free of charge.
If the relationship based on the Purchase Agreement contains international (foreign) element then the parties hereby agree that the relationship is governed by the Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
If any provision of these Terms and Conditions is invalid or ineffective or later becomes, a provision whose meaning is most closely to the invalid provision replaces it. The invalidity or unenforceability of one provision is without effect to the other provisions.
The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
The contact details of the Seller: postal address Na Folimance 2155/15, 120 00 Praha 2, Czech Republic, email address firstname.lastname@example.org.
In Prague on 19.12.2019.