USE AND SALES RULES

Last update: 8 January 2016

 

These Rules provide for principles for the use of the online store Datacomp available at https://store-datacomp.eu (“Datacomp Store” or “Subscription Platform”).

The Datacomp Store is a subscription sales platform owned and operated by:

Datacomp Sp. z o.o.

Registration No. (KRS): 0000193067

NIP (VAT No.): PL6760077945
Contact:

Datacomp Sp. z o.o.
Dąbrowskiego 24 St.
30-532 Cracow, Poland

+48 12 412-99-77
www.datacomp.com.pl
e-mail: contact@bimvision.eu

 

Via the Datacomp Store, Datacomp provides the User with an access to its resources, including the Website, information about software, services that may (but do not need) be offered for sale, software and tool download zones (“Services”). The Services, including all updates, extensions, new functions and new network properties, are subject to these Use and Sales Rules (“Use and Sales Rules”). If the User uses the Website, buys products at the Datacomp Store or uses any of the Services, the User acknowledges and accepts these Use and Sales Rules, Datacomp’s privacy protection statement (see: PROTECTION OF PRIVACY AND PERSONAL DATA below), as well as relevant regulations, rules and exclusions referred to herein which may be accessed via a relevant link (“Datacomp Store Rules”). The Datacomp Store Rules may be also found in the Datacomp Store. The User should carefully familiarise himself/herself with the Datacomp Store Rules. The Use and Sales Rules, Datacomp’s privacy protection statement and the Datacomp Store Rules (“Agreement”) constitute an entire agreement between the User and Datacomp.

These Rules were issued on the basis of Polish legal regulations stipulated in Art. 8.1 of the Electronic Service Provision Act of 18 July 2002 (Journal of Laws No. 2002.144.1204, as amended).

To use the Datacomp Store, the User must accept and follow the Rules, including, without limitation, terms and conditions for the use of Content and Software made available by the Store.

Terms and Conditions for the Use of the Datacomp Store by the User

  1. INFORMATION ABOUT DOCUMENTS MADE AVAILABLE BY THE DATACOMP STORE WEBSITE

The User may use Documents (e.g. official documents, press information, data sheets and frequent questions) provided via the Datacomp Store and the Services provided that all copies of Documents include an annotation “© 2016 Datacomp Sp. z o.o. All rights reserved.” Documents made available via the Datacomp Store or under the Services will be used only for information purposes. Educational institutions, like primary and secondary schools, universities, may download and reproduce Documents for further distribution for the purpose of classes they held. Any distribution of Documents outside classrooms is subject to a prior written consent of Datacomp. Any use of Documents for other purposes is explicitly forbidden and may be subject to civil and penal sanctions. Persons that will violate the above rule will be subject to penal sanctions.

The above Documents do not include a design or layout of the Datacomp Website, the Website or other websites owned, operated, licensed or controlled by Datacomp. Elements of the Datacomp websites, including the Website, are protected on the basis of regulations on the protection of a visual form of products, trademarks and elimination of unfair competition. Neither part of the above elements may be copied or imitated. Logos, graphical elements, sounds and illustrations presented in the Datacomp websites, including the Website, may not be copied, sent or made available without a prior consent of Datacomp or otherwise than on the basis of the governing law.

  1. ACCOUNT AND PASSWORD PROTECTION

If to access the Datacomp Store or any Service, an account must be opened, then the User must register and give valid full and exact information required in the registration form (Data). The User selects a password. The User must keep confidential all information concerning the User’s account and password, as well as all operations made in the User’s account. If the User becomes aware of any unauthorised use of the account or any other violation of the User’s security measures, the User agrees to immediately notify Datacomp.

  1. BAN ON USING THE SERVICES IN AN ILLEGAL OR PROHIBITED MANNER

The User is allowed to use the Services provided that the User guarantees that the Services will not be used for any purposes that are illegal or prohibited under these rules, regulations and comments. The Services must not be used in a manner which could damage, disable or overload any server of Datacomp or any network connected to the server (or disrupt the operation of the server or the network) or which could disturb the use of the Services by any other users. Hacking, password mining and other actions aimed at gaining an unauthorised access to the Services, other accounts, computer systems or networks (connected to the servers of Datacomp or the Services) are forbidden. No access to materials or information must be gained or attempted otherwise than set out for the Services. The User must not use the Services with prejudice to third parties rights and, in particular, act intentionally to the detriment of other natural or legal persons, including Datacomp.

  1. LINKS TO THIRD PARTY WEBSITES

The Datacomp Store may offer links to third party websites which may be used to leave the Website. Websites under the links are not controlled by Datacomp and Datacomp is liable neither for contents or links made available nor for changes or updates made in those websites. The links are made available by Datacomp only for the User’s convenience. The fact that the links are made available is not equivalent to Datacomp’s approval of the content of a website under a given link. The use of third party websites may be subject to regulations set out by the third parties.

Terms and conditions for the sale of products to the User

  1. GEOGRAPHICAL ACCESSIBILITY

The Datacomp Store is available to customers residing in the region served by the Website and destinations where Datacomp may send its products may be subject to limitations in accordance with Datacomp’s delivery rules. To do shopping, the User must have a valid address for invoicing purposes and a delivery address in a given region. More information is available under “Orders”.

  1. ONLY FOR END USERS

Only end users may buy products in the Datacomp Store. Sellers are not authorised to buy products in the Website.

  1. EXPORT RESTRICTIONS

Products bought from the Datacomp store (including software and downloaded software) may be subject to customs and export regulations. The User must comply with all international and national legal regulations applicable to the products.

  1. ACCURACY OF SETTLEMENT AND ACCOUNT INFORMATION

The User agrees to give valid full and precise settlement information and information connected with the User’s account for the purpose of all purchases in the Datacomp Store. The User must update the account information and other information, including e-mail, on an ongoing basis in order to enable Datacomp to make transactions and contact the User in connection with transactions, if necessary.

In accordance with settlement information given by the user, Datacomp will generate a purchase document (an invoice), which will be sent in an electronic version to e-mail given by the User in the account information.

  1. LIMITATIONS TO PRODUCT AVAILABILITY, QUANTITY AND ORDERS

Product prices and availability may change any time without notice, but a price displayed when the order is confirmed by the User will be always binding. Datacomp may apply a quantity limitation to the first order, account or person. The User will be informed about the limitation via the Website or before the order is accepted by Datacomp.

Datacomp may refuse to fulfil or reject an order any time on reasonable grounds, including, without limitation: the User’s failure to meet conditions set out when the order is placed, an inability to process the User’s payment, non-availability of products or services ordered, or obvious errors in the Website or connected with the order. In such circumstances, Datacomp will return or funds paid under the order to the User. Discounts and returns will be made by the use of a payment method and an account used to place the order, unless the User explicitly accepted another solution. In the case of obvious errors in the Website or connected with the order, Datacomp reserves the right to correct the error and give a correct price. Then, Datacomp will contact the User to offer the product at a correct price or cancel the order.

  1. PURCHASE OF SOFTWARE AND LICENCE REGULATIONS

Software offered for download at the Datacomp Store (“Software”) and other goods (including services) offered at the Datacomp Store or under the Services are protected with Datacomp’s copyrights. The purchase of Software means the purchase of a licence for the use of Software and not the purchase of the very Software. Software licences bought at the Datacomp Store are subject to a licence agreement attached to Software (“Licence Agreement”). Read it! The User will have to accept the Licence Agreement during the installation of Software.

  1. ELECTRONIC SOFTWARE DOWNLOADS

As part of electronic Software download, products are delivered to the User by the way of making a download path available in the Datacomp account connected with the purchase of the product. Products bought under subscribed electronic Software downloads may be subject to other terms and conditions concerning storage. The User must read and accept those regulations while subscribing.

  1. SUBSCRIPTIONS SUBJECT TO AUTOMATED RENEWAL

On the assumption that automated renewal of a service period is permitted in the User’s country, region, province or state, the User may buy subscriptions that will be automatically renewed from Datacomp. If the User buys such subscriptions and informs Datacomp about a payment method, the User: represents that he/she is authorised to use a given payment method and all information given in relation to payment is true and precise, authorises Datacomp to charge him/her for a service fee by the use of the payment method, and authorises Datacomp to charge him/her for a fee for all paid service functions that the User subscribes or uses during the term of this agreement. Datacom will notify the User by e-mail before automated subscription renewal. The moment the User is notified of automated subscription renewal, Datacomp may renew the service period and charge service fees applicable in the term of renewal on the User. Datacomp will also remind the User of fees Datacomp will charge for renewed services by the use of the selected payment method, whether the method is registered on the renewal date or later. Datacomp will also provide the User with instructions for service cancellation. To avoid an invoice to be issued for the term of renewal, the user must cancel services before the renewal date.

  1. PRICE AND PAYMENT

The Datacomp Store uses prices given in the Website. If there is a point of sale offering Datacomp’s products in the User’s country or region, prices, products and promotions offered there may differ from those offered in the Website. Datacom does not guarantee that prices, products or promotions offered online will be also available or recognised at the points of sale. Datacom does not guarantee that prices, products or promotions offered by the point of sale will be also available or recognised online.

The Datacomp Store’s prices are determined on the basis of the sale of Software to individual end customers. To buy on behalf of an educational organisation, contact Datacomp to obtain information about programmes licensed for education purposes by Datacomp.

The Datacomp Store does not guarantee price compliance. Prices of the same products offered by other sellers may be different.

The User should always keep the User’s contact and settlement information up to date.

Prices displayed in the Website include all taxes and charges (“Taxes”) which may apply to a given purchase transaction. Prices displayed in the Website do not include delivery costs. All additional costs or charges must be explicitly accepted by the User. Delivery costs (or other charges, if any) will be added to the buying price and will be displayed on the transaction site. Before purchase confirmation, the User will be able to get familiar with all delivery costs and other charges applicable to the purchase transaction. The price of each element in the Basket is up-to-date.

Products offered by the Datacomp Store are not Datacomp’s binding offers. If the User clicks “Buy now” or a similar button to send an order to Datacomp, the User places a binding offer for all products in the basket. If the order is accepted by Datacomp, the User will receive an automated confirmation by e-mail. A purchase agreement is entered into on the basis of the above e-mail.

The Datacomp Store offers various payment options, as specified in the Website. At the Datacomp Store, the User may pay for products via PayPal. The Datacomp Store does not accept any other payment forms. Datacomp reserves the right to change the payment options anytime and for any reason. If offers are placed in the User’s local currency and the User pays in another currency, the final price translated into the User’s currency will depend on a foreign exchange rate, taxes and charges imposed by the User’s bank. Such transactions may be subject to taxes or charges imposed on international transactions, which are not charged by the Datacomp Store.

  1. RETURN RULES

The return rules supplement all warranties or other rights the User is entitled to under the statutory act (more information is available under “Statutory product warranties”). Subject to criteria for return to be defined by Datacomp within 14 days of the Agreement date, the User being a consumer within the meaning of Polish regulations set out in Art. 22 (1) of the Civil Code of 23 April 1964 (consolidated text in the Journal of Laws No. 2014.121, as amended) may withdraw from the Agreement without reason. The withdrawal period expires fourteen (14) days of:

    • Products being electronically sent to and made available in the User’s account for download (in the case of downloadable products);
    • the User clicking a Buy button during the transaction. Datacomp may commence the subscription period or service provision directly after the purchase.
    • Products being electronically sent to and made available in the User’s account for download (in the case of subscription and downloadable products offered under presale). Physical/non-downloadable products offered under presale are subject to a delivery date.

If in accordance with the law of the User’s country, the User is entitled to a longer grace period, such a longer period will be applied. Datacomp may extend the grace period by non-business days or other periods. If the Website advertises a longer period, such a longer period will be applied.

To exercise the withdrawal right, the User must inform Datacomp about his/her decision before the expiry of the grace period. Withdrawal from the Agreement is subject to a relevant notice. To notify Datacomp of the decision and initiate the return procedure, the User must contact Datacomp via the Sales site and use withdrawal forms that are available there, however this is not obligatory. To meet the withdrawal deadline, it is enough that the User sends a statement on exercising the withdrawal right before the end of the above period.

 

Consequences of withdrawal

If the User exercises the right of withdrawal, he/she will lose an access to the Platform and Datacomp will return the User all prior payments without undue delay at the latest within thirty (30) calendar days of Datacomp being notified of withdrawal by the User. Money will be returned by the use of a payment method used by the User to make the original transaction. The User will not be charged for any fees in connection with money return.

The User is liable for the decreased value of goods arising from actions other than necessary to define the character, properties and operation of the goods.

Criteria for return

Datacomp accepts product returns meeting criteria defined by Datacomp. As a condition for withdrawal and to the extent permitted by law, the following requirements will apply.

In the case of subscription and downloadable products, as a condition for withdrawal, Datacomp may request the User to sign an electronic statement on product destruction. In the case of services, a service may not be delivered, performed or used by the User.

Additional terms and conditions:

Updating and returns. If the User has bought a returnable product with an update option, the return of the product will be accepted during the return period under the following terms and conditions:

    • if the User returns the product before an update is issued, no update will be delivered;
    • if the User returns the product after an update is issued, both the product and the update must be returned.

Promotions and package sale. Products sold in a package or under promotion must be returned altogether.

  1. CUSTOMER SERVICE

To obtain information about Datacomp’s products and services or about the User’s transactions, as well as answers from the technical support section and to report all problems or complaints, the User may contact Datacomp via any communication channel specified on the Datacomp Store’s site.

  1. AMENDMENTS TO REGULATIONS

The Use and Sale Rules applicable as at their acceptance by the User will apply to the User’s purchase transaction and constitute a purchase agreement between the User and Datacomp. Before another purchase by the User, Datacomp may update the Use and Sale Rules without notice. The User should check the valid Use and Sales Rules every time he/she visits the Datacomp Store. Datacom recommends that the Use and Sales Rules should be recorded or printed for future reference in connection with the purchase transaction.

  1. LIMITATIONS CONCERNING USE BY MINORS

At the Datacomp Store, products may be bought only by persons of full legal age in accordance with regulations applicable at their place of residence.

  1. PROTECTION OF PRIVACY AND PERSONAL DATA

Information concerning the User and the history of the User’s purchase transactions are handled in accordance with Datacomp’s Privacy Protection Statement.

The User’s personal data are controlled by Datacomp.

The data controller processes personal data of Users in accordance with Polish legal regulations set out in the Personal Data Protection law (Journal of Laws No. 2002.101.926, as amended) for purposes connected with the use of the Platform of the Datacomp Store, service provision, including marking a given copy of products with unique symbols (watermark or otherwise) by inputting identification data in the file in a visible or secret way, as well as to promote Datacomp’s products and services.

Each person has the right to access and correct his data.

The data controller warrants that relevant technical and organisational measures will be used to provide for safe Data processing and, in particular, prevent an unauthorised access or data processing in breach of legal regulations, as well as prevent Data loss, damage or destruction.

The data controller must disclose information about the User (and additional data, e.g. IP address) to third persons if such disclosure is required by law. The information may be also made available to other entities if the data controller claims its rights or needs to take up actions against potentially illegal activity.

After the User stops using the Datacomp Store’s services, including the termination of the Agreement or refusal to accept amendments to the Rules, the User’s personal data may be processed only to the extent set out by applicable Polish legal regulations.

 

  1. PRODUCT DISPLAY AND COLOURS

Datacomp tries to display product colours and photos in the most faithful way possible. However, different computer monitors display colours in various ways and Datacom may not guarantee that colours displayed in the User’s monitor correspond exactly to product colours.

  1. ERRORS ON THE DATACOMP STORE’S SITE

Datacomp uses all efforts to publish correct information, the Website is regularly updated and all errors discovered are corrected. Despite of that, any content published in the Website may be incorrect or out of date from time to time. Datacomp reserves the right to make changes in the Website of the Datacomp Store any time, including changes in prices, specifications, offers and accessibility.

  1. TERMINATION OF WEBSITE USE

Datacomp may close the User’s account or terminate the User’s right to use the Website of the Datacomp Store on reasonable grounds, including, without limitation, the violation of these Use and Sales Rules by the User or the discontinuance of Website operation by the Datacomp. By using the Datacomp Store, the User agrees to be held responsible for all orders placed and all fees charged before the closure or termination. Datacom may change, stop or otherwise suspend the operation of the Datacomp Store any time for any reason without notice. If such a change, stoppage or suspension influences the use of the Services or product by the User or otherwise disturbs the fulfilment of the User’s order, the User must contact the Datacomp Store.

The Agreement between the User and Datacomp may be terminated by the User any time with immediate effect.

The User may terminate the Agreement by communicating a relevant notice by e-mail to: contact@bimvision.eu, by phone to (+48) 12 412 99 77 or in writing to Datacomp’s address.

  1. EXCLUSION AND LIMITATION OF LIABILITY

THE PROVISIONS OF THIS ARTICLE OF THE AGREEMENT APPLY TO THE WIDEST EXTENT PERMITTED BY THE APPLICABLE GOVERNING LAW. THE PURPOSE OF THIS ARTICLE IS NOT TO LIMIT DATACOMP’S LIABILITY TO THE EXTENT TO WHICH DATACOMP MAY BE HELD LIABLE TOWARDS THE USER BY LAW OR IN ACCORDANCE WITH STATUTORY REGULATIONS APPLICABLE TO THE USER.

PRODUCTS SOLD BY THE DATACOMP STORE ARE SUBJECT TO ALL ABSOLUTELY APPLICABLE STATUTORY WARRANTIES AND IN RELEVANT CASES ARE SUBJECT TO STATUTORY WARRANTY ONLY TO THE EXTENT SET OUT IN THE LICENCE AGREEMENT OR PRODUCER’S GUARANTEE, WHICH MAY BE ATTACHED TO THE PRODUCTS.

UNLESS THE LICENCE AGREEMENT OR ANY PRODUCER’S GUARANTEE, WHICH MAY BE ATTACHED TO THE PRODUCT, EXPLICITLY PROVIDES OTHERWISE, NO STATUTORY WARRANTY IS GRANTED.

DATACOMP DOES NOT GRANT ANY STATUTORY WARRANTIES AND DOES NOT MAKE ANY EXPLICIT REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS, INCLUDING THEIR COMMERCIAL VALUE OR SUITABILITY FOR THE PURPOSE. DATACOMP WILL PROVIDE THE USER WITH PROTECTION IN ACCORDANCE WITH ABSOLUTELY APPLICABLE REGULATIONS OF THE GOVERNING LAW OR STATUTORY WARRANTIES APPLICABLE TO DEFECTIVE PRODUCTS.

THE DATACOMP STORE AND CONTENTS INCLUDED IN THE DATACOMP STORE ARE MADE AVAILABLE ON AN “AS IS” AND “DEPENDING ON AVAILABILITY” BASIS. DATACOMP AND DATACOMP’S SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPLICITLY SET OUT IN THIS AGREEMENT IN RELATION TO THE DATACOMP STORE, INCLUDING THE UNDISTURBED AND NON-DEFECTIVE USE OF THE DATACOMP STORE BY THE USER.

THE USER ACKNOWLEDGES AND AGREES THAT WHILE GAINING AN ACCESS TO THE WEBSITE OR DOING SHOPPING VIA THE WEBSITE, HE/SHE HAS NOT RELIED ON, AND WILL NOT HAVE ANY CLAIMS CONNECTED WITH, VERBAL OR WRITTEN, UNINTENTIONAL OR CARELESS STATEMENTS, REPRESENTATIONS OR WARRANTIES WHICH ARE NOT EXPLICITLY SET OUT IN THESE USE AND SALES RULES, DATACOMP’S PRIVACY PROTECTION STATEMENT, OR THE DATACOMP STORE’S RULES.

DATACOMP IS LIABLE NEITHER FOR CONSEQUENCES OF THE USER’S ACTS IN BREACH OF THESE RULES, UNLESS SPECIAL REGULATIONS PROVIDE OTHERWISE, NOR FOR THE ACCURACY OF DATA GIVEN BY THE USER DURING ACCOUNT REGISTRATION.

DATACOMP DOES NOT WARRANT THAT SOFTWARE AND CONTENTS MEET THE USER’S EXPECTATIONS AND REQUIREMENTS.

  1. GENERAL REGULATIONS

23.1  Interpretation

If any of the regulations hereof or the application of any of the regulations hereof to any party or in any circumstances is limited, forbidden or unenforceable in any jurisdiction, it will become ineffective in that jurisdiction without prejudice to other regulations of this Agreement or the validity of such a regulation in any other jurisdiction and without impact on the application of such a regulation to other parties or in other circumstances. In the circumstances where it is possible, such a regulation will be applied to the widest possible extent permitted by law and will be interpreted and applied to the smaller extent if this is necessary to keep it valid. If the User buys products or services in other websites of Datacomp, other terms and conditions may be in force.

23.2 Transfer of rights

Datacomp may transfer or otherwise dispose of its rights hereunder, fully or partially, any time and without notice. The User may not transfer any rights hereunder.

23.3  Third party rights

This Agreement was entered into only in favour of the User and Datacomp. The Agreement was not entered into for third parties (except for permitted legal successors and assignees.

23.4 Claims

Claims may be placed within a period set out by the governing law. After the end of that period, all claims fall under the statute of limitation.

23.5 Notices and correspondence

If you have any questions concerning customer service, move to the Datacomp Store’s site. All disputes must be reported to Datacomp by the use of an address given at the top of these Use and Sales Rules.

23.6 Governing law

THIS AGREEMENT AND ALL CLAIMS, DISPUTES AND NON-CONTRACTUAL LIABILITIES HEREUNDER, INCLUDING CLAIMS CONNECTED WITH THE VIOLATION FO THE AGREEMENT, THE VIOLATION OF STATUTORY WARRANTY AND REGULATIONS ON CONSUMER PROTECTION RIGHTS, COMPETITION LAW AND TORT LAW, ARE GOVERNED BY THE LAW OF THE REPUBLIC OF POLAND. THE PARTIES TO THE AGREEMENT (USER AND DATACOMP) HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF COURTS IN POLAND IN THE RELATION TO ALL DISPUTES AND NON-CONTRACTUAL LIABILITIES DIRECTLY OR INDIRECTLY CONNECTED WITH THIS AGREEMENT.

NOTWITHSTANDING THESE RULES, THE USER MAY INVOKE TO ABSOLUTELY APPLICABLE LEGAL REGULATIONS OF THE REPUBLIC OF POLAND.

24.   NOTES

Copyright and trademark notice

All contents of the Website and Services are protected by copyrights of Datacomp Sp. z o.o. or its suppliers. Copyright © 2016 Datacomp Sp. z o.o., ul. Gen. Henryka Dąbrowskiego 24, 30-532 Kraków, Poland. All rights reserved. A legal title, copyrights and other intellectual property rights to the Website, Services and contents are owned by Datacomp or Datacomp’s suppliers. Datacomp and names, logos and icons of all products and services of Datacomp may be trademarks or registered trademarks of Datacomp in Poland or other countries.

The list of Datacomp’s trademarks is available at: https://www.Datacomp.com/en-us/legal/ intellectualproperty/trademarks/en-us.aspx. Names of particular companies and products may be trademarks of relevant owners. Datacomp reserves all the rights that are not explicitly granted in this Agreement.

25.   MISCELLANEOUS REGULATIONS

These Rules may be amended and the Users will be informed by Datacomp about all amendments in the form of a notice on amendments to the Rules and the publication of new Rules in the Website and by the way of sending a communication about amendments to the Rules by e-mail to the User’s e-mail address given during the account registration or newsletter subscription. A new version of the Rules is applicable to the User if the User does not submit any notice on non-approval of the new Rules within 14 days of their receipt. The submission of the above notice is equivalent to the termination of the Agreement.

The notice on non-approval of the new Rules may be submitted by e-mail to: contact@bimvision.eu, by phone to (+48) 12 412 99 77 or in writing to Datacomp’s address.

No amendment to the Rules has any impact on terms and conditions for subscription subject to automated renewal or a subscription service for the User who has bought the defined subscription option before amendments to the Rules being enforced. In that case, the service is provided under the existing terms and conditions till the subscription end.