- General provisions
- Electronic services provided by the online service
- Terms of concluding sales agreements
- Methods and terms of product payments
- Costs, methods and terms of product deliveries
- Product complaints (applies to sales agreements concluded from the 25th of december 2014)
- Right to withdraw from an agreement (applies to sales agreements concluded from the 25th of december 2014)
- Right to use the seller’s works (license)
- Provisions regarding entrepreneurs
- Final provisions
The www.gavick.com Online Service cares for the rights of consumers. The consumer cannot waiver the rights granted based on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied.
1. General provisions
1.1. The Online Service available at the Internet address www.gavick.com is run by JoomlArt.com
1.4.1. UPDATES – subsequent versions of the Product purchased by the Client available within the Account, which the Service Provider may make available to the Client in a period corresponding to the type of the purchased Product.
1.4.2. DOCUMENTATION – Product documentation together with the Product’s installation and user manual.
1.4.3. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.4. ORDER FORM – Electronic Service, an interactive form available in the Online Service which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment
1.4.5. FORUM – Electronic Service, the Internet forum available in the Online Service, which enables the Service Users to hold discussions, exchange views and opinions and mutual assistance associated with the Online Service’s subject matter and Products.
1.4.6. CLIENT – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.7. ACCOUNT – Electronic Service provided by the Online Service, which is a set of functions and resources annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects the Service User’s data, including a history of concluded Sales Agreements, information regarding Products purchased by the Client, as well as available Updates and Support.
1.4.8. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provided via electronic mail, which enables all subscribed Service Users to automatically receive the contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Service.
1.4.9. PRODUCT – the (1) templates, skins and compositions for Joomla! or WordPress content management systems (publication platforms) along with other elements, additions and functionalities which constitute their integral part and are specified in the given Product’s Documentation and description (WordPress and Joomla Themes) or (2) services indicated in the description of a given Product (VIP Support) provided by the Online Service – which are or can be the subject of a Sales Agreement concluded between the Client and the Seller.
1.4.10. ELECTRONIC DELIVERY – delivery method of the purchased Product to the Client which involves providing the Client with an Internet link (URL address) within the Account in the “Download” tab which enables the download of the Product (in order to download the product, the User must click the link or enter it in the Internet browser window).
1.4.11. TERMS AND CONDITIONS – the following Online Service terms and conditions.
1.4.12. ONLINE SERVICE – the Service Provider’s Online Service available at the address: www.gavick.com.
1.4.13. SELLER; SERVICE PROVIDER – JoomlArt.com via Gavick.com
1.4.14. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Client and the Seller via the Online Service website.
1.4.15. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Service website.
1.4.16. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.17. ORDER – a Client’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
1.4.18. SUPPORT – a period during which the Client has access to downloads of the purchased Products within the Account and access via the Forum to the Service Provider’s technical support related to using the purchased Product according to rules specified in the Product’s description.
2. Electronic services provided by the online service
2.1. The Online Service provides access to the following Electronic Services: Account, Order Form, Forum and Newsletter.
2.1.1. Account – use of the Account is possible after performing a total of two subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register” field. The Registration Form requires the Service User to provide the following data: name and surname, e-mail address and password.
188.8.131.52. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider.
2.1.2. Order Form – use of the Order Form begins upon addition by the Client of the first Product to the electronic shopping cart in the Online Service. Placement of an Order is effected after the Client performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Order now with obligation to pay” button on the Online Service Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Client to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address and information regarding the Sales Agreement: Product, payment method. In the even of Clients who are not consumers, it is also necessary to provide the company name and Tax ID number.
184.108.40.206. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. FORUM – Use of the Forum is possible upon transitioning to the appropriate tab marked as Forum within the Online Service
220.127.116.11. The Forum Electronic Service is provided free of charge for the time mentioned in the plan desription.
2.1.4. Newsletter – use of the Newsletter commences after the User provides an e-mail address, to which subsequent editions of the Newsletter are to be sent.
18.104.22.168. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider or by using the unsubscribe option in the footer of newsletter.
2.3. The Service User is required to use the Online Service in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which reflects the factual state. The Service User is also prohibited from entering content which is illegal in nature.
2.4. Complaint procedure:
2.4.2. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.3. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.
3. Terms of concluding sales agreements
3.1. The Product price visible on the Online Service’s website is given in US Dollars (USD) and includes taxes. The Client is informed of the total Order value on the Online Service’s website during placement of an Order, as well as at the moment of the Client’s expression of will to enter into the Sales Agreement.
3.2. Procedure of Sales Agreement Conclusion within the Online Service using the Order Form
3.3 After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Client a corresponding message containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion (upon the Client’s receipt of such message, the Sales Agreement between the Client and Seller is concluded).
3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Client takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Client the message mentioned in pt. 3.3.2 of the Terms and Conditions, and (3) sending the Client these Terms and Conditions to the e-mail address provided. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Service ICT system.
4. Methods and terms of product payment
4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Client:
4.1.1. Payment via bank transfer to the Seller’s bank account.
4.1.2. Electronic and pay-card payments via the PayPal.com service (the service is owned by: PayPal.com –PayPal Company (Europe) S.à r.l. & Cie, S.C.A., 5. floors 22–24 Boulevard Royal, L-2449, Luxembourg).
4.2. Payment term: The Client is obliged to issue the payment within 5 calendar days from the Sales Agreement conclusion date.
5. Costs, methods and terms of product deliveries
5.1. The Seller provides the Client with the following methods of Product delivery: Electronic Delivery.
5.2. The Electronic delivery is free of charge.
5.3. The term od delivery of the Product to the Client via electronic means is up to 1 Working Day from the date on which the corresponding payment is credited on the Sellers settlement account or bank account.
6. Product complaints (applies to sales agreements concluded from the 25th of december 2014)
6.1. The basis and scope of the Seller’s liability towards the Client, if the sold Product has a physical or legal fault (warranty) are specified by the generally applicable laws, especially the Civil Code.
6.2. The Seller is obliged to provide the Client with a Product without faults.
6.4. In the complaint description it is recommended for the Client to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the fault; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
6.5. The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
9. Right to use the seller’s works (license)
7.1. The Client has the right to use the purchased Product according to terms specified in that Product’s description and its Documentation. The Client is not entitled to use the Product outside of that scope. Unless the Product’s description and Documentation states otherwise, the Client is not entitled to put the Product into circulation, its further resale or lease. The Client also is not entitled to sublicense (including the right to authorize other persons to use the Product).
11. Final provisions
8.1. Agreements concluded through the Online are drawn up in English.
8.2. Amendment of Terms and Conditions:
8.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
8.2.2. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Clients before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.