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Store terms and conditions

WUBE SOFTWARE Ltd. odstepny zavod

These terms and conditions are applicable to all purchases in the online merchandise store operated at the website https://factorio.com/store run by WUBE SOFTWARE Ltd. odstepny zavod.

These terms and conditions specify and regulate the rights and obligations of a seller, who is WUBE SOFTWARE Ltd., Company No.: 9201188, Registered seat: 3 Gower Street, London, United Kingdom, WC1E 6HA and who conducts the sale of goods via WUBE SOFTWARE Ltd. odstepny zavod, with its registered seat at Belgicka street 196/38, 120 00 Prague 2, Czech Republic, identification number: 03594009, incorporated in the commercial register, section C, entry 76902, maintained by the Municipal Court in Prague (hereinafter referred to as a „Seller“) and a buyer (hereinafter referred to as a „Customer“ or, where applicable, a „Consumer“) in relation to the contract concluded by the parties.

All the legal relations between the Seller and the Customer are governed by the law of the Czech Republic. If a particular contractor is a Consumer, the Civil Code conditions (Act no. 89/2012 Coll) and the Consumer Protection Act conditions (Act no. 634/1992 Coll.) apply to relations not defined by these terms and conditions. If the contractor is not a Consumer, the Civil Code (No. 89/2012 Coll) applies to relations not defined by these terms and conditions. In the event of any disputes between the Seller and the Customer arising out of a purchase contract and in connection to it, the general courts of the Czech Republic are competent.

DEFINITION OF TERMS

The Seller is a person who acts within the scope of his business or other business activity when concluding and performing a contract.

The Customer - Consumer, is any natural person who at the moment of the conclusion of the contract is not acting within the scope of his business or other commercial activity.

The Customer who is not a Consumer is considered an entrepreneur. An entrepreneur is also considered to be any person who enters into contracts related to his own business, industrial or similar activity, or in the exercise of his own profession, or a person acting for or on behalf of the entrepreneur.

PURCHASE CONTRACT

The purchase contract concluded in accordance with these terms and conditions binds the Seller to deliver the ordered goods to the Customer and also binds the Customer to accept such goods and pay the agreed price to the Seller.

The proposal to conclude a purchase contract (the offer) is formed by displaying the goods offered on the website by a Seller. All the characteristics of the goods listed on the website including its descriptions, sizes, materials or other technical data are regularly checked and updated but it is not possible to entirely exclude potential inaccuracies. The Seller reserves the right to update such characteristics at any time and is obliged to correct any potential inaccuracies.

The Customer sends an order to the Seller by means of the ordering system of the online store. In his order, the Customer specifies the desired quantity and quality of the goods he aims to purchase. The Customer is obliged to use correct and up-to-date information when ordering the goods – data entered by the Customer to the ordering form are considered by the Seller to be correct. Such data may be checked and modified by the Customer before sending the order. The order is sent by the Buyer to the Seller by pressing the button for confirmation of the order. If the Customer needs to make any changes to the data he entered into the ordering form, he is advised to immediately contact the Seller via email to eshop@factorio.com and provide him with necessary information so the data may be modified according to the Customer’s needs before the goods are shipped off.

The Seller shall accept the order made by the Customer if all necessary information is provided in the order and the order is compliant with these terms and conditions. The Seller, without any undue delay, confirms the acceptance of the offer by an informative e-mail sent to the e-mail address provided by the Customer

The purchase contract is concluded at the moment of delivery of the order acceptance by the Seller to the e-mail address provided by the Customer. The newly formed contract (including the agreed price) can be changed or cancelled only by an agreement of the contractors or based on legal grounds.

The Seller reserves the right to cancel the order or its part before concluding a purchase contract if the goods is not produced or shipped anymore, if the supplier changed significantly the price of the goods or in other legitimate cases.

By concluding the purchase contract the Customer hereby confirms that he is familiar with these terms and conditions, including the claims procedure, and agrees with them. The Customer is given sufficient notice about these terms and conditions and the claims procedure prior to placing the order and has the opportunity to become acquainted with them.

The Customer agrees with the use of remote communication means in the process of concluding the purchase contract. Cost incurred to the Customer arising from using the remote communication means in connection with concluding the purchase contract (for example cost of internet access) are borne by the Customer, and these costs do not differ from the standard rate.

ORDER LIMITATIONS

The goods offered in the Seller’s online store are intended for personal use only and therefore the maximum amount of T-shirts you may order is limited to 3 per a single order.

PRICE AND PAYMENT

Prices of goods displayed in the Seller’s online merchandise store are final and valid for a period for which they are displayed in the online store. Displayed prices include VAT at the statutory rate unless expressly stated otherwise.

Displayed prices exclude the costs of shipping – costs of shipping vary depending on the destination where the goods are shipped to and the final weight of the parcel. The costs of shipping are calculated automatically and displayed to the Customer during checkout.

The Seller reserves the right to make a correction of the displayed price if he discovers that such price is apparently erroneous. In such event the Seller must inform the Customer about the correct price and the Customer must agree to such correction. If the Customer does not agree to such correction, the Seller has a right to cancel the order. Where the contract between the parties was concluded and the Customer does not agree to the price correction, the Seller has a right to withdraw from the contract within 5 days from the receipt of information that the Customer does not agree to the price correction.

The Customer may accept the goods only after the full price stated at the checkout stage is paid and the payment is received by the Seller.

Payments may be made via PayPal.

Upon sending the order to the Seller, the Customer will receive an electronic invoice to the provided e-mail address. This invoice also serves as a delivery note and warranty. Discounts, promotions and other reductions of prices remain valid until stocks last or until the Seller restores the standard prices and displays those in his online store.

DELIVERY

Delivery time is dependent on various factors such as availability of goods, payment terms or country of delivery.

If the goods are available, the Seller shall dispatch the goods without undue delay after he receives full payment from the Customer.

If the goods are currently unavailable, the Seller shall inform the Customer about the planned stock. This information is not binding and the Seller reserves the right to change it.

The shipping is done from the Czech Republic. The Seller uses the services of the Czech Post – well established domestic and international registered postal service.

The customer may contact the Seller via email to eshop@factorio.com and request priority shipping. In such case, the Seller will make efforts to ship off the goods in shortest possible time.

If the Customer does not receive the parcel within 30 days from the day it was shipped, he becomes eligible for a refund.

If the Customer has any requests or questions regarding shipping and delivery, he is advised to contact the Seller via email to eshop@factorio.com – the Seller will make the best efforts to effectively resolve the Customer’s requests or questions.

OWNERSHIP OF GOODS, RISK OF DAMAGE

The Customer acquires ownership of the goods by paying the full purchase price.

Risk of damage on goods passes to the Customer at the moment of its handover to the first carrier by the Seller.

At the moment when the Customer takes the goods from the carrier, he is obliged to check the integrity of the packaging and in the event of any defects immediately notify the carrier.

If the Customer discovers damage on the package which indicates an unauthorised interference with the parcel, the customer is advised not to accept the shipment from the carrier and fill in an appropriate record of the shipment damage.

By signing the delivery note the Customer confirms that the parcel was untouched and received in a good state.

If the Customer discovers any mechanical damage to the goods, unmatched goods or other defect which was not apparent when accepting the shipment from the carrier, he shall make a complaint to the Seller immediately after he discovers it. The Seller is not liable for damage to the goods which occurred during transport if the Customer does not immediately notify him about the damage in accordance with these terms and conditions.

Most of the Seller’s merchandise is handmade, therefore minor variations in the appearance of delivered goods may occur. Such variations, if minor, do not represent a fault in the goods and generally may include:

RIGHTS FROM FAULTY PERFORMANCE, REFUND POLICY

Rights and obligations of the contracting parties regarding the rights of faulty performance shall be governed by the relevant legislation of the Czech Republic (including the provisions of Sections 1914-1925, Sections 2099-2117 and Sections 2161-2174 of the Act no. 89/2012 Coll., The Civil Code).

The Seller is liable to the Customer that the product has no defects when delivered. The Seller is particularly responsible to the Customer that in the time the Customer took the product:

the product has qualities that have been agreed by both contracting parties; and, if there is no such agreement, it has qualities that the Seller or producer described or that were expected by the Buyer based on advertisement made by Seller or manufacturer,

the product fits a purpose given to it by the Seller or a purpose for which this kind of product is usually used, the product corresponds with the quality or construction of the agreed sample or model, if the quality or construction were specified based on sample or model, the product is in corresponding quantity, measure or weight and

the product complies with the legal requirements.

If the product does not have the above mentioned qualities (i.e. is defective or damaged – without prejudice to the terms set out in the “OWNERSHIP OF GOODS, RISK OF DAMAGE”), the Customer may require the supply of a new product without defects, unless it is disproportionate to the character of the defect. The Customer shall in this case inform the Seller via email and send the product back to the Seller’s location (Belgická 196/38, Vinohrady, 120 00 Praha 2, Czech Republic) within 30 days from the receipt of the product.

If the Customer makes a mistake when ordering (wrong size, change of mind, wrong address etc.), he may request an exchange, refund or reship. In such case the Customer is obliged to inform the Seller about his intention via email and subsequently return the purchased product to: Belgická 196/38, Vinohrady, 120 00 Praha 2, Czech Republic. If the product is returned in good condition, the Customer may, upon the discretion of the Seller, receive a refund, but in any case the Customer must cover the cost of shipping.

Rights from faulty performance and any relevant claims shall be exercised by Customer (in order to ensure the most efficient and swift claims procedure) via email to: eshop@factorio.com.

When exercising the right from faulty performance, the Customer shall provide the Seller with the order number and the reasons why he is making the claim (especially describe defects of the goods which give rise to the claim). In case of return of the product, the product must be in the same condition in which it was received by the Customer.

Claims will be inspected and resolved by the Seller without undue delay, within 30 days of the receipt of the claim, unless the Seller and the Customer agree on a longer period.

Time period for settlement of claims is suspended in case the Seller did not receive all the information or materials necessary for settlement of the claim (parts of goods, order number etc.). The Seller is obliged to request additional information or materials from the Buyer without undue delay. The time period is suspended until the Buyer delivers the requested information or materials.

The right from faulty performance is not applicable if the defect was caused by the Customer himself or if the Customer knew that the product had a defect before he received it.

The Consumer is entitled to exercise the right from defect which occurs in consumer goods within 24 months from the delivery. If some defect occurs within 6 months from the delivery, it is assumed that the goods were defective at the time of the delivery.

Where the Customer is entitled to a refund, such refund will be completed within 30 days from the date the Seller receives the product. In case of repeated refunds or refunds in the event that the Seller in his sole discretion deems that the Customer is abusing the right of return or acts in bad faith, the Seller is entitled to refuse to return the product, even if these terms and conditions are met and fulfilled. This is without prejudice to any consumer rights provided by law.

Refunds will be provided to the Customer by the same means by which the original payment was made by the Customer.

Other rights and obligations of contracting parties related to the Seller’s liability for defects may be modified by claims procedure of the Seller.

RIGHT OF THE CONSUMER TO WITHDRAW FROM THE CONTRACT

If the purchase contract is concluded by means of long-distance communication systems (e-shop), the Consumer has the right, in accordance with the Section 1829 (1) of the Civil Code, to withdraw from the contract within 14 days after the delivery of the goods without the need to state a reason (if various kinds of goods or delivery of few parts is subject of the contract, the time period runs from the date of the delivery of the last package of goods). Withdrawal from the contract must be sent to the Seller within the time period specified in previous sentence. In case of withdrawal from the purchase contract no penalty is applied by the Seller.

In case the Consumer wants to withdraw from the contract in the 14-day period as stated in the previous paragraph, he contacts the Seller and, preferably in writing, states that he withdraws from the contract and communicates the order number and date of purchase to the Seller. For this, the buyer can use the Form for Withdrawal from the Purchase Agreement available here.

Withdrawal from the purchase contract shall be sent to the address of the Seller’s registered seat or Seller’s e-mail address: eshop@factorio.com.

In case the Consumer withdraws from contract in accordance with these terms and conditions, the Seller will return the funds received from the Consumer within 14 days from the Consumer’s withdrawal (with the exception of any additional amounts associated with the delivery of the goods resulting from the fact that the Consumer selected a delivery option for the goods that is different from the cheapest standard delivery method offered by the Seller in accordance with the Section 1832 (2) of the Civil Code). The refund will be provided to the Consumer by the same method the original payment was made by the Consumer.

Upon withdrawal, the Consumer shall send or forward the goods received by him to the Seller without undue delay, no later than 14 days after the withdrawal. The goods must be returned to the Seller in undamaged state and in the original packaging, if possible. Cost of returning the goods shall be borne by the Consumer.

If the Consumer withdraws from the contract, the Seller is not obliged to provide a refund to the Consumer before the Consumer returns the goods or otherwise proves that he sent the goods back to the Seller.

In case that the Consumer withdraws from the contract within the statutory period and the returned goods is incomplete or is apparently used or damaged, the Consumer must provide monetary compensation to the Seller in return. If the returned goods are only partially damaged, the Seller may apply the right to compensation to the Consumer and add a right for refund of the purchase price. In such case the Seller is obliged to prove the damage done on goods. In such case only reduced purchase price is refunded by the Seller to the Consumer.

The Seller is entitled to add his own real expenses incurred in connection with the return of the goods to the purchase price which is supposed to be refunded to the Consumer.

The Consumer acknowledges that he has no right of withdrawal from the contract in accordance with Section 1837 of the Civil Code particularly in case of following contracts:

Contract for the provision of services, if the services were provided to the Consumer, with his prior explicit consent, before the deadline for withdrawal from the contract and the entrepreneur told the Consumer before entering into the contract, that in such case the Consumer has no right for withdrawal;

contract on delivery of the goods that were adjusted according to Consumer’s request of for Consumer himself;

contract on delivery of the goods in closed packaging, that were taken out from the packaging by the Consumer and thus cannot be returned due to hygienic reasons;

contract on delivery of audio or video recording or computer program, if the Consumer broke its original packaging.

PRIVACY POLICY

The Seller adopted a complex Privacy Policy which can be found here: www.factorio.com/privacy-policy.

FINAL PROVISIONS

Settling of Consumer‘s complaints is carried out by the Seller via e-mail communication addressed to eshop@factorio.com. Information about settling of the complaint is sent by the Seller to Consumer’s e-mail address which was provided by him.

The out-of-court settlement of consumer disputes arising from the purchase agreement can be managed by the Czech Trade Inspection, with its headquarters at Štěpánská 567/15, 120 00 Prague 2, ID 000 20 869, Internet address: https://www.coi.cz. The platform for on-line dispute resolution available on the Internet at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Supplier and the Customer, which have arisen from the purchase contract. These terms and conditions apply as stated on a website of the Seller as of the date of conclusion of a contract.

According to the Law on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register revenue received from the tax online; in case of technical failure, then within 48 hours.

At the moment of concluding a purchase contract the Buyer accepts all the provisions of the terms and conditions which are in force as of the date of dispatching the order, including the price of the ordered goods specified in the confirmed order, unless in a particular case it was agreed otherwise.

Relations and any disputes arising under a contract shall be resolved in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic.

The Customer assumes the risk of changes in circumstances within the meaning of Section 1765 (2) of the Civil Code.

Purchase contracts are archived by the Seller in the electronic form and they are not accessible. The language of communication between the Seller and the Customer and purchase contract language is English.

In the case that any provision of these terms and conditions has been invalid or unenforceable for any reason, this fact does not cause invalidity or ineffectiveness of other parts of the terms and conditions or of the purchase contract.

The Seller is not responsible for any loss, injury or property damage, whether direct or indirect, caused by a defect of the delivered goods, if such loss, injury or property damage was not incurred by the negligence, by the omission or the intent on the side of the Seller.

All trademarks, names or logos with which the goods sold in online store is marked or which are used in computer games are the sole property of their respective owners. The use is possible only with the consent of the owners.

EFFECT

These terms and conditions become effective on August 28th 2018.