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HUMUSOFT s.r.o.
Consumer Terms & Conditions
Mail Order and Online Purchases through e-shop at www.rtdaq.com
(September 2013)

 

  • 1.  SCOPE
    • All contractual agreements entered into by HUMUSOFT s.r.o., Pobřežní 20, 186 00 Praha 8, Czech Republic (hereinafter referred to as “HUMUSOFT”) and consumers are subject to the Terms & Conditions applying at the time the contract.
  • 2.  CONTRACTING PARTIES
    • All contractual agreements entered into will be between HUMUSOFT and individual customers (herein referred to as “The Consumer”) who must be 18 years of age and legally competent. If HUMUSOFT should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, HUMUSOFT reserves the right to terminate the agreement after giving the appropriate period of notice.
  • 3.  CONTRACT
    • A legally binding contract will be formed between HUMUSOFT and The Consumer at the time of either HUMUSOFT confirming the receipt of the order, The Consumer having received the ordered goods, or at the time HUMUSOFT agrees to provide the service(s) requested by The Consumer and agreed to between the both parties.
  • 4.  RIGHT TO CANCEL
    • 4.1.  Letter of Cancellation
      The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days by sending a letter of cancellation to HUMUSOFT. The notice period commences on the date the order has been delivered. If The Consumer returns an item to HUMUSOFT, The Consumer agrees to pay the cost of return delivery. Items returned incomplete, damaged or in used condition may lead to the refund revised accordingly, to compensate for the depreciated value. To return a product under this policy The Consumer should write to HUMUSOFT s.r.o., Pobřežní 20, 186 00 Praha 8, Czech Republic. Alternatively, The Consumer can send a fax to HUMUSOFT at +420 284 011 740.
    • 4.2.  Simply returning the item
      The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days by returning the item to HUMUSOFT. The notice period commences on the date the order has been delivered. The Customer must provide to HUMUSOFT proof of dispatch to HUMUSOFT. Cancelling by simply returning items is subject to the item being unused, in full working condition, as well as to the cost of return delivery paid in full by The Consumer. However, HUMUSOFT will pay the cost of return delivery if The Consumer returns an item wrongly sent to The Consumer. All items should be returned to HUMUSOFT s.r.o., Pobřežní 20, 186 00 Praha 8, Czech Republic.
    • 4.3.  Providing the items are returned complete (including all accessories, if applicable) and in mint condition, HUMUSOFT will refund the purchase price (excluding shipping costs) if the item has been fully paid for by The Consumer.
    • 4.4.  The Right to Cancel does not apply to
      • 4.4.1.  sealed items which have been unsealed, such as audio or video recordings, CDs, DVDs or PC software;
      • 4.4.2.  downloads;
      • 4.4.3.  custom-made items tailored to The Consumer’s own specifications or items personalised in any way;
      • 4.4.4.  spares and replacement parts as well as special items ordered by The Consumer, including items ordered by HUMUSOFT on behalf of The Consumer;
      • 4.4.5.  items which are not part of the HUMUSOFT product range, ordered upon request of The Consumer by HUMUSOFT on behalf of The Consumer;
    • 4.5.  The Right to Cancel does not apply to any services requested by The Consumer, provided by HUMUSOFT, and agreed to between the both parties.
  • 5.  LIMITED AVAILABILITY OF ITEMS OR SERVICES
    • In the case of items not being available at HUMUSOFT any longer at the time The Consumer’s order has been received, HUMUSOFT reserves the right to either offer The Consumer items and services matching the quality and price of the original order, or to cancel the order entirely. In the latter case, HUMUSOFT shall reimburse any payment made by The Consumer.
  • 6.  TYPOGRAPHICAL ERRORS
    • 6.1.  HUMUSOFT reserves the right to amend prices if the amount quoted in printed catalogues and on the HUMUSOFT webpage should be incorrect or incomplete. In such case The Consumer shall be entitled to explicitly re-confirm the purchase order at the new price. Otherwise, HUMUSOFT shall have the right to cancel the order.
    • 6.2.  HUMUSOFT reserves the right to cancel contracts if one or more of the goods ordered by The Consumer were described insufficiently or wrongly due to a typographical error in a printed catalogue edition/on a leaflet, or because of an error on the HUMUSOFT webpage.
  • 7.  DELIVERY
    • 7.1.  Products ordered from HUMUSOFT are delivered by FedEx, Geis Global Logistics and other contracted delivery services.
    • 7.2.  Unless contractually agreed, all quoted delivery times are estimates.
    • 7.3.  Claims related to goods damaged during the delivery process must be directed at the respective delivery service and must be made in accordance with forwarder’s Conditions of Carriage. Replacement items are subject to The Consumer providing to HUMUSOFT within 48 hours proof of the valid claim being made and all documents associated with the claim, including the delivery receipt with written notice of damage.
  • 8.  PRICING
    • 8.1.  When purchasing items online from the HUMUSOFT webpage at www.rtdaq.com, the prices displayed on the "Order Summary" page apply (which may differ from the prices stated in the HUMUSOFT Mail Order Catalogue). Prices quoted on www.rtdaq.com represent the total amount due at the time of the purchase , including VAT charge at the rate valid on the day the item is purchased.
    • 8.2.  HUMUSOFT reserves the right to individually price items offered online.
    • 8.3.  HUMUSOFT reserves the right to amend prices if the amount quoted in printed catalogues and on the HUMUSOFT webpage should be incorrect or incomplete. In these cases The Consumer shall be entitled to explicitly re-confirm the purchase order at the new price. Otherwise, HUMUSOFT shall have the right to cancel the order.
  • 9.  PAYMENT CONDITIONS
    • 9.1.  HUMUSOFT offers the following payment method: payment by credit card.
  • 10.  RETENTION OF TITLE
    • 10.1.  Title to any items or services shall remain vested in HUMUSOFT and shall not pass to The Consumer until the purchase price for these items or services has been paid in full and received by HUMUSOFT.
    • 10.2.  Any replacement items provided by HUMUSOFT shall remain vested in HUMUSOFT until the item has been received by The Consumer. Upon receipt, the item shall become the property of The Consumer.
    • 10.3.  Any items returned by The Consumer shall remain vested in The Consumer until the item has been received by HUMUSOFT. Upon receipt of the returned item, the item shall become the property of HUMUSOFT.
  • 11.  WARRANTY
    • 11.1.  HUMUSOFT shall ensure that all items are of satisfactory quality, fit for purpose and as described at the time the items are dispatched.
    • 11.2.  HUMUSOFT provides a 2-year guarantee on all new items. The guarantee period commences at the delivery date. All claims must be accompanied by the original invoice.
    • 11.3.  In the case of the delivered item being faulty or damaged, HUMUSOFT shall either repair the item or provide The Consumer with a replacement item. If HUMUSOFT is unable to repair a faulty item, or provide The Consumer with a replacement item, The Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.
    • 11.4.  Properties and specification of any delivered item shall be according to the product information provided on the HUMUSOFT webpage www.rtdaq.com.
    • 11.5.  HUMUSOFT shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the customer.
    • 11.6.  HUMUSOFT receiving a returned item in conjunction with a claim does not automatically constitute HUMUSOFT accepting the claim.
  • 12.  LIABILITIES
    • 12.1.  HUMUSOFT is not liable to The Consumer (or any other parties) for:
      • 12.1.1.  any loss or damage which was not caused by our breach of a contract or our breach of our legal duty of care;
      • 12.1.2.  any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time HUMUSOFT and you entered into the contract, either (i) such loss or damage was contemplated by HUMUSOFT and The Consumer, or (ii) The Consumer notified HUMUSOFT that the loss or damage may occur if HUMUSOFT breached the Contract or HUMUSOFT's legal duty of care;
      • 12.1.3.  any loss or damage caused by The Consumer’s use of HUMUSOFT webpage, help desks or call centres.
    • 12.2.  HUMUSOFT shall not be liable to The Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by The Consumer on items purchased from HUMUSOFT.
    • 12.3.  With respect to each contractual agreement, our entire liability to The Consumer if we are in breach of that contract or in breach of a legal duty of care in connection with that contract will be limited to the total price of the products or services ordered by you (as applicable) under that Contract;
  • 13.  PRIVACY POLICY & DATA PROTECTION
    • 13.1.  The use of any personal information will be strictly limited to ensure a timely processing of your order and the smooth delivery of the purchased items. HUMUSOFT will use any personal information you provide in full compliance with the EU Directive 2002/58 on Privacy and Electronic Communications.
    • 13.2.  Unless The Consumer objects, The Consumer’s personal information (name, address, phone and date of birth) may be used by HUMUSOFT, HUMUSOFT subsidiaries as well as businesses associated with HUMUSOFT to send The Consumer news and information about our products and services and general promotional material by mail, email, text, phone and in the form of newsletters. The Consumer can object to the above use of personal information at any time by notifying HUMUSOFT in writing.
    • 13.3.  Any questions or complaints in relation to the protection of The Consumer’s personal information at HUMUSOFT as well as any request regarding the personal data we hold about The Consumer should be directed at:
      • HUMUSOFT s.r.o., Pobřežní 20, 186 00 Praha 8, Czech Republic
      • Fax: +420 284 011 740
      • Email: eshop@humusoft.com
  • 14.  CHANGES IN CUSTOMER DETAILS
    • The Consumer shall notify HUMUSOFT immediately of any changes in the delivery address, invoice address and contact details as well as of any relevant changes in The Consumer’s personal details in relation to any orders being processed or in any other way awaiting completion. HUMUSOFT cannot be held responsible for any losses or damages incurred as a result of out of date Consumer details.
  • 15.  APPLICABLE LAW & JURISDICTION
    • All contractual agreements between HUMUSOFT and The Consumer shall be governed by and construed in accordance with the laws of the Czech Republic.
HUMUSOFT s.r.o., Pobřežní 20, 186 00 Praha 8, Czech Republic
Company Reg No: 40525872