General terms and conditions for the SETCCE online store
The https://webshop.setcce.com/ website is operated by SETCCE d.o.o., of Tehnološki park 21, 1000 Ljubljana, Slovenia; registration number: 1594389000; VAT ID number: SI 39705684.
The general terms and conditions set out the functioning of SETCCE'S online store, and the rights and obligations of the customer and the vendor, and regulate the business relationship between the vendor and the customer and/or the recipient.
The customer is bound by the general terms and conditions in force at the moment of purchase (submission of the online order). Users are reminded of the general terms and conditions each time that they submit an order, and confirm their acceptance of them by submitting the order.
Who is the customer and who is the provider?
The customer (also known as the buyer or the user) is a legal entity that orders or pays for a product via SETCCE's online store.
The provider of products on the online store is SETCCE d.o.o., of Tehnološki park 21, 1000 Ljubljana, Slovenia.
By accepting the general terms and conditions, the customer declares that:
all data submitted by the customer is true and complete
should a transfer be made via PayPal, the customer is an authorised user of a PayPal account.
How are SETCCE products purchased?
The purchase process involves several steps.
The customer uses an electronic form to select the options offered by the product. After selecting all of the desired functionalities and extra options, the customer reviews the whole order including prices and tax (applies to payers in Slovenia).
This is followed by the entry of the information for submitting the order:
Customer's first name and surname
Tax number and indication of taxpayer option
Contact telephone number and email
Contact email of the person responsible for technical matters, and email for providing information about new features and upgrades in the purchased product
The final step is the submission of the order.
You can amend your order at any time before submitting it (increasing, reducing, adding any product), or withdraw from the entire order. When you submit the order, you will receive an automatic confirmation of the order in your email, with all the necessary information for your own records.
Products on SETCCE's online store are in the form of software: they are sent to the customer in the form of licensed files via the email address cited by the customer when submitting the order.
Submission of order
SETCCE products can be ordered by completing electronic forms.
The customer may pay for the order via an invoice, or by making a transfer to SETCCE's PayPal user account.
SETCCE considers an order to have been paid for when:
the amount of the payment is evident in SETCCE's bank account, or
when it receives confirmation of payment from PayPal
When SETCCE receives an order, it informs the customer via email that the order has been received. Once a product has been ordered, SETCCE promises to send the customer the user licences within five business days of successfully receiving the transfer into the bank account or PayPal account.
PAYMENT FOR PRODUCTS
The prices cited on SETCCE's online store are exclusive of VAT, unless expressly stated otherwise.
Should there be an error in the indication of the price where the price is incorrect for an unknown technical reason, SETCCE reserves the right to cancel an order.
The prices published on the online store differ from the product prices that would be paid by the customer when enquiring about an offer via a contact form or via the telephone.
SETCCE reserves the right to change prices without any prior notice.
The first annual subscription must be paid during the purchase. After the first support period (of 12 months) ends, an annual subscription must be paid each year in advance.
Money is non-refundable after being received; support services cannot be cancelled (the first payment is an exception, after which the customer has 14 days to withdraw from the order). The failure to pay for a new annual support period entails the immediate loss of support services.
Promotional codes received during promotions, via online updates or in any other manner may be used in the online store.
The conditions for using promotional codes are as follows:
promotional codes cannot be combined with other discounts
promotional codes can only be redeemed when making an online purchase in the online store
promotional codes cannot be exchanged for cash
the promotional code is entered by the customer in the relevant field in the online basket
There is no need for customers to register to submit an order in SETCCE's online store. Customers of the online store are thus unable to review their past orders.
Withdrawal from purchase
The conditions for withdrawing from a purchase are as follows:
In accordance with the Consumer Protection Act (ZVPot), customers may withdraw from a purchase in part or in full by informing us in writing by emailing email@example.com. SETCCE accepts withdrawal from an order within 14 days of the online purchase being made. When the customer decides to withdraw from the order and informs us accordingly in writing by the aforementioned deadline, SETCCE will refund the purchase within 14 days. When the customer has purchased a physical product, delivery costs are not refunded.
The customer does not have free use of the products before the withdrawal from the contract. The warranty period for certain software products begins with first activation. If the product has been activated, we reserve the right on the basis of Article 43b of the ZVPot to claim a reduction in the refund in the amount of 15% of the proceeds in the event of the return of the product.
SETCCE refunds the money in the same way that the original payment was made, within 14 days of receiving written notice of withdrawal from the purchase.
Should the customer fail to uphold the conditions cited above, SETCCE cannot accept a unilateral withdrawal from the purchase agreement.
SETCCE's right to cancel an order
SETCCE reserves the right to cancel an order in part or in full, informing the customer in writing if: it will cease selling the ordered product
there could be significant changes in the terms and conditions of supply
In the event of the cancellation of an order in part or in full, SETCCE will work with the customer to find an optimal solution for products that it cannot supply; should it be impossible to meet the order in part or in full, it will refund any money paid for the order in accordance with the law.
Warranty for software
The exclusive recourse of the customer and the customer's sole entitlement to compensation, and the provider's exclusive liability under the warranty, at the provider's discretion, are as follows:
the provider endeavouring to rectify a deficiency, thereby ensuring compliance with the user documentation
replacing defective media or replacing software
refunding the purchase price paid to the provider by the customer for the software in question
SETCCE accepts no liability for direct or indirect damage (including business damage, loss of profit, interruption to business operations, loss of data) that arises with or from the use of the software.
SETCCE undertakes to rectify all defects at its own expense during the warranty period of one year if such defects arose despite correct installation, configuration, use and maintenance of the software. It also undertakes to rectify any established defect of this type at the earliest possible juncture, and no later than by the legally prescribed deadline.
SETCCE rectifies defects at its own location. The warranty does not cover defects that arise as a result of incorrect installation, configuration, use or maintenance by the customer.
The customer undertakes to prevent the use of software covered by this agreement outside the provisions of this agreement, and to prevent its employees, business associates and third parties from:
disassembling or in any way attempting to reconstruct the source code or the concepts on which the software is based
removing any software identification
supplying, disseminating, lending or facilitating access to the software covered by this agreement
modifying or installing the software in or with other software, or creating any derivative of the software covered by this agreement without the provider's written permission
using the software in contravention of the provisions of this agreement
Any infringement of the above provisions shall entail the immediate termination of this agreement without the refunding of any licence fees paid, and shall create liability on the part of the customer in accordance with applicable regulations, including liability for direct and indirect damage incurred by the provider.
Annual subscription fee (updates and maintenance of proXSign® software)
A customer who has settled all outstanding liabilities in connection with updates and maintenance of proXSign® software is entitled to:
free versions of the software (i.e. support for the latest operating systems and browser versions, updates of technical standards, and updates with regard to regulatory/legislative compliance)
the rectification of defects in the licensed software for current versions or versions of the licensed software supported by the provider
a guarantee of availability and service level in the rectification of defects and in extra work carried out in connection with the software
the reporting of defects, requests for the rectification of defects in licensed software and program solutions, and requests for other services, which should be made to the provider's email address (firstname.lastname@example.org)
If when reviewing a request for the rectification of a defect (or subsequently) the provider determines that the customer's report does not constitute an actual defect, but is instead an error or restriction in the system environment into which the provider's software is integrated, the provider shall inform the customer accordingly, and agree on the further handling of the request.
Customer's rights and obligations
The customer undertakes to report disruptions to the functioning of software to SETCCE at the earliest possible juncture, within five business days, thereby enabling disruptions to be rectified in timely fashion.
The customer is entitled to receive notices about new software features.
address the customer's request within one business day of receiving it
rectify defects and non-compliance as quickly as possible, and/or to rectify defects in line with the designated response time in connection with the level of the defect, unless agreed otherwise with the customer
deliver new versions of the software to the customer
carry out all work between the hours of 8 am and 4 pm CET, Monday to Friday, other than on official holidays
The response time is counted within the framework of the provider's office hours, and is the time taken from the moment that the report is made to the moment that direct contact is established with the customer. The deadline for rectification does not include the response time.
The customer must submit the following information when making a report to the provider:
the business name
the name and telephone number of the person responsible for communicating with the provider
a detailed description and specification of the report in question
Slovenian law applies to all relations between SETCCE and the customer. Disputes arising in the general terms and conditions and/or other contracts concluded with the provider shall be resolved amicably. When an amicable solution cannot be found, the competent court in Ljubljana has jurisdiction for resolving a dispute arising in relations between the provider and the customer.
SETCCE reserves the right to amend the general terms and conditions, to amend the price list, and to make other changes without the customer's prior consent. Should the customer not accept the changes, it may withdraw from the business relationship; otherwise the customer shall be deemed not to object to the changes and shall be bound by them.
In the event of a failure to observe the general terms and conditions, either of the contracting parties may withdraw from the business relationship with a notice period of 90 days. The notice period is counted from the day that written notice is given that the contracting party wishes to withdraw from the business relationship. The contracting parties may withdraw from the business relationship without notice in the event of a serious breach of the general terms and conditions.
When the general terms and conditions stipulate deadlines by which the provider is obliged to respond or to provide or begin providing a specific service, the provider reserves the right to extend the deadlines in the event of circumstances originating from outside the provider's realm, in the event of the customer failing to ensure proper conditions for the work, or in the event of the customer failing to complete its tasks as set out in the general terms and conditions.
The general terms and conditions are stated on SETCCE's online store pages, and the customer is made aware of them before submitting an order and must accept them (by clicking a confirmation box in the order submission form).
By law, a business relationship is formally entered into when the customer accepts the general terms and conditions, and the provider sends confirmation of the order after the order has been submitted.