Terms of Service
Effective from January 1, 2025
1. General Provisions
1.1. These Terms of Service (hereinafter referred to as "Terms") govern the mutual rights and obligations between the Seller and the Buyer in connection with the sale of a digital product — an e-shop template (hereinafter referred to as the "Product") through the website StartEshop.cz.
1.2. Seller:
David Vávra
Business ID (IČO): 04688465
Registered office: Holubova 593/4, Liberec XXV-Vesec, 463 12 Liberec, Czech Republic
Email: Vavra.88@email.cz
1.3. Buyer is a natural or legal person who orders the Product through the order form on the website.
1.4. By submitting an order, the Buyer confirms that they have read and agree to these Terms of Service.
2. Subject of the Agreement
2.1. The subject of the agreement is the provision of a digital product — the source code of an e-shop template built on Next.js, React, TypeScript, and Tailwind CSS technologies.
2.2. The Product is delivered in the form of complete source code available for download. It is not a SaaS service or hosted solution.
2.3. The Product includes deployment documentation and basic email support.
3. Ordering and Contract Formation
3.1. The Buyer places an order by completing the order form on the website.
3.2. By submitting the order, the Buyer makes a binding offer to enter into a purchase agreement.
3.3. The agreement is concluded at the moment the Seller confirms receipt of the order by sending an email with payment details.
3.4. The Seller reserves the right to reject any order without stating a reason.
4. Price and Payment Terms
4.1. The price of the Product is stated on the website and in the order form. All prices are final.
4.2. Payment is made by bank transfer to the Seller's account. Payment details are sent to the Buyer by email after the order is submitted.
4.3. The invoice is due within 14 days of issuance, unless otherwise agreed.
4.4. The Product is delivered only after the full purchase price has been credited to the Seller's account.
5. Product Delivery
5.1. The Product is delivered electronically via a download link for the source code.
5.2. The download link is sent to the Buyer's email address within 48 hours of receiving payment, typically within 24 hours.
5.3. The download link is valid for 30 days. The Buyer may request a new download link if needed.
6. License Terms
6.1. By purchasing the Product, the Buyer obtains a non-exclusive license to use the source code for their own purposes or for the purposes of their clients.
6.2. The Buyer MAY:
- Modify the source code to suit their own needs
- Use the Product for an unlimited number of their own e-shops
- Host the Product on any server
6.3. The Buyer MAY NOT:
- Sell, rent, or otherwise distribute the source code as a template or product
- Provide the source code to third parties for resale
- Remove copyright notices from the source code (if present)
- Represent the Product as their own work in the context of template sales
6.4. Violation of the license terms entitles the Seller to immediately revoke the license and seek damages.
7. Withdrawal from the Agreement and Complaints
7.1. Given the nature of the digital product (digital content not supplied on a tangible medium), the Buyer expressly consents to the Seller commencing performance of the agreement before the expiration of the withdrawal period.
7.2. The Buyer acknowledges that, in accordance with applicable consumer protection laws regarding the supply of digital content, the Buyer has no right to withdraw from the agreement for the delivery of digital content that was delivered with the Buyer's prior express consent before the expiration of the withdrawal period.
7.3. Before purchasing, the Buyer has the opportunity to review the demo version of the Product and familiarize themselves with its features.
7.4. Claims for technical defects in the Product (non-functional code, missing files) may be submitted within 14 days of delivery. The Seller undertakes to remedy such defects without undue delay.
8. Warranty and Limitation of Liability
8.1. The Product is provided "as is" without any warranty of fitness for a particular purpose of the Buyer.
8.2. The Seller shall not be liable for:
- Lost profits or indirect damages arising from the use of the Product
- Damages caused by improper deployment or modifications by the Buyer
- Compatibility with future versions of the technologies used
- Outages of third-party services (Vercel, Neon, Stripe, etc.)
- Security incidents caused by modifications made by the Buyer
- Legal compliance of the Buyer's e-shop with applicable regulations
8.3. The Seller's total liability is limited to the amount of the purchase price paid for the Product.
8.4. The Buyer is fully responsible for any modifications made to the Product and for ensuring their e-shop's compliance with applicable laws and regulations (GDPR, consumer protection law, etc.).
9. Support
9.1. The Product includes basic email support for questions related to deployment and configuration of the Product.
9.2. Support is provided on business days, with a typical response time of up to 48 hours.
9.3. Support does not include:
- Custom source code modifications
- Resolving issues caused by the Buyer's modifications
- Programming training or training on the technologies used
- Assistance with e-shop content (products, texts, images)
9.4. Extended support or custom modifications may be ordered separately at an agreed price.
10. Personal Data Protection
10.1. The Seller processes the Buyer's personal data in accordance with the GDPR and applicable data protection laws.
10.2. Personal data is processed for the purpose of fulfilling the agreement and sending important information about the Product.
10.3. Personal data is not shared with third parties except where required by law.
10.4. The Buyer has the right to access, correct, or delete their personal data.
11. Final Provisions
11.1. These Terms of Service are governed by the laws of the Czech Republic.
11.2. Any disputes shall be resolved by the competent courts of the Czech Republic.
11.3. The Seller reserves the right to amend these Terms of Service. Amendments shall not affect agreements already concluded.
11.4. If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
11.5. For questions regarding these Terms of Service, contact: Vavra.88@email.cz
These Terms of Service become effective on January 1, 2025.
