Terms of Service

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:
QuantumTrail s.r.o.
Business ID (IČO): 22194509, VAT ID (DIČ): CZ22194509
Registered office: Korunní 2569/108, Vinohrady, 101 00 Prague 10, Czech Republic. Registered in the Commercial Register kept by the Municipal Court in Prague, section C, file 411510.
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.

2.1. 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.

3.1. 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.

4.1. The price of the Product is stated on the website and in the order form. On the English version of the website the price is stated and charged in euros (EUR). A business with a VAT number from another EU member state that is valid in the VIES register is invoiced without VAT under the reverse-charge mechanism and pays €288. The stated price is final and includes VAT; the Buyer pays no further fees on top of it. The Seller is a VAT payer and issues a tax invoice.

4.2. Payment is made by bank transfer in euros to the Seller's EUR account; the Buyer bears the fees of their own bank. 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.

5.1. The Product is delivered electronically via a download link for the source code and an install command.

5.2. The download link and the install command are sent to the Buyer's email address within 48 hours of receiving payment, typically within 24 hours.

5.3. The download link and the install command are valid for 7 days. The Buyer may request them again if needed.

6.1. By purchasing the Product, the Buyer obtains a non-exclusive, perpetual and non-transferable licence to use the source code to run one e-shop of their own. The licence is granted to one Buyer and the price is set for this one licence.

6.2. The Buyer MAY:

• Modify the source code to suit their own needs
• Use the Product for one of their own e-shops (a licence for additional e-shops is available on request)
• Host the Product on any server

6.3. The Buyer MAY NOT:

• Sell, rent, share, or otherwise distribute the source code or parts of it, whether as a template, a product, or in any other way
• Make copies of the source code for other people, or pass on the download link, the install command or access credentials
• Publish the source code or parts of it, for example in a publicly accessible repository
• Provide the source code to third parties, except for people working on the Buyer's own e-shop for the Buyer and bound by the same rules
• 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.

6.5. If the Buyer wishes to run another e-shop on the source code, or to transfer the licence to another person, prior written agreement with the Seller is required.

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. The consent under article 7.1 and the acknowledgment that the Buyer loses the right to withdraw are given by the Buyer before the order is submitted, and the Seller confirms them in the e-mail confirming the order.

7.5. The Buyer reports a defect in the Product, such as non-functional code or missing files, to the Seller's e-mail together with a description of the defect and how it manifests. The Seller assesses the defect without undue delay and, where the report is justified, remedies it, as a rule by fixing the code or supplying the missing files. The Buyer is asked to report a defect as soon as possible after discovering it.

7.6. A Buyer who is a consumer has the rights arising from defective performance of digital content to the extent set out by Czech civil law. These Terms do not curtail those rights and do not shorten the periods within which they can be exercised.

7.7. Once the Product has been delivered, there is no entitlement to a refund of the price paid on the grounds that the Buyer changed their mind or did not end up using the Product. This is without prejudice to the rights arising from defective performance under articles 7.5 and 7.6.

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.).

8.5. Articles 8.1 to 8.4 apply to a Buyer who is a consumer only to the extent permitted by law. The consumer's statutory rights arising from defective performance, and any claim for damage caused intentionally or by gross negligence, remain unaffected.

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; the Seller aims to respond as soon as possible.

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.

10.1. As a separate service, the Seller offers to transfer (migrate) the Buyer's existing e-shop into the Product. The Buyer orders the migration by e-mail. The Seller confirms the scope and price of the migration to the Buyer in writing in advance, based on a link to the Buyer's e-shop or a data export provided by the Buyer. The price is final and includes VAT.

10.2. Unless agreed otherwise in writing, the migration covers products, categories, images, variants, prices, stock, customers and orders, redirects of the original addresses for search engines, and adapting the customer-facing part of the shop to the Buyer's current website.

10.3. The migration is paid in advance against an invoice. The Seller starts work once the payment is received and usually completes it within one week of receiving the data export. For large shops the Seller states the timeline in advance.

10.4. Until the Buyer approves it, the new e-shop runs on a separate address. The Seller switches the domain only on the Buyer's instruction. Until then the Buyer runs their existing e-shop unchanged.

10.5. A Buyer who is a consumer may withdraw from the migration contract within 14 days of its conclusion. If the Buyer expressly requests that the Seller start the migration before this period ends and then withdraws, the Buyer pays a proportionate part of the price for the work already done. Once the migration has been fully performed with the Buyer's prior express consent, the right to withdraw lapses.

11.1. The Seller processes the Buyer's personal data in accordance with the GDPR and applicable data protection laws.

11.2. Personal data is processed for the purpose of fulfilling the agreement and sending important information about the Product.

11.3. The Seller does not sell personal data. It is shared only with the processors and other recipients listed in the Privacy Policy, to the extent needed to run the website and fulfil the order, and further where the law requires it.

11.4. The Buyer has the right to access, correct, or delete their personal data.

10.5. Detailed information about the processing of personal data, the recipients of the data and the Buyer's rights can be found in the Privacy Policy.

12.1. These Terms of Service are governed by the laws of the Czech Republic.

12.2. Any disputes shall be resolved by the competent courts of the Czech Republic.

12.3. A Buyer who is a consumer has the right to out-of-court resolution of a consumer dispute arising from the purchase agreement. The competent body is the Czech Trade Inspection Authority, Štěpánská 796/44, 110 00 Prague 1, Czech Republic, www.coi.cz.

12.4. The Seller reserves the right to amend these Terms of Service. Amendments shall not affect agreements already concluded.

12.5. If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

12.6. For questions regarding these Terms of Service, contact: Vavra.88@email.cz