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Terms and Conditions

Terms of Agreement 
FORSAGE BEE KIT

  1. General terms and conditions
    1. These general terms and conditions govern the legal relations between Forsage.net s.r.o., Company Registered Number: 090 64 982, with its registered office at Křenová 89/19, Trnitá, 602 00 Brno, Czech Republic and the User arising from the provision of Services and Hardware to the User.
    2. These general terms and conditions are an integral part of the Agreement on the provision of Services and other agreements concluded between the Provider and the User.
  2. Terms Definition
    1. By Application we mean a web application available after registration of the User on the website https://forsage.net, or mobile applications that are or will be operated by the Provider and serve the User to use the Services.
    2. Copyright Act means Act No. 121/2000 Coll., The Copyright Act, as amended.
    3. Another user means in particular the User’s employees, its statutory representatives or any other persons cooperating with the User, to whom the User requests the Provider to create a User Account, enables them to create it and thus use the Services.
    4. Hardware means all tools, sensors, scales, transmitters or any other equipment provided by the Provider to the User on the basis of these T&C in connection with the provision of Services.
    5. License means the provision of use rights to use the Service to the User.
    6. The Civil Code means Act No. 89/2012 Coll., The Civil Code, as amended.
    7. The Description means the description of the Hardware and functionalities of the Service available on the website https://forsage.net.
    8. The Provider means the company Forsage.net s.r.o., IČO: 090 64 982, with its registered office at Křenová 89/19, Trnitá, 602 00 Brno, registered in the Commercial Register under file no. No. C 117013 kept at the Regional Court in Brno.
    9. Service means any service provided by the Provider to the User on the basis of the Agreement. Provision of the Service means the provision of a License, access to the Service in the form of SaaS (software-as-service), and possibly the provision of other related services (maintenance, service) to the extent described in the Service Description and the Agreement, whereas the provisions in the Agreement take precedence over the Description of the Service. At present, the Provider offers the User Services consisting in the collection, processing and display of data obtained using the Hardware. The information on the existing Services shall apply mutatis mutandis to any other Services that the Provider will offer in the future.
    10. Agreement means a contract concluded between the Provider and the User. These T&C are an integral part of the Agreement.
    11. The Contracting Parties are jointly the Provider and the User.
    12. Consumer means any person who outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with the Provider or otherwise deals with it.
    13. User means any natural person (including Consumer) or legal entity that enters into an Agreement with the Provider and uses the Services or otherwise enters into legal relationships with the Provider through the Web Interface.
    14. User Account means the account created by the User when registering on the Application website, which will be available from https://forsage.net.
    15. Defect means a situation where the Service or Goods do not correspond to the agreed or usual properties and parameters, including the situation when the Service is not available at all or its availability or quality has been limited compared to the agreed properties and parameters.
    16. T&C means these general terms and conditions.
    17. The web interface is the interface located at https://forsage.net.
    18. Goods are Hardware with which the Services are automatically licensed.
  3. Order, Agreement conclusion
    1. The properties of the Goods offered by the Provider are listed in the Description on the Web Interface. The presentation of the Goods listed on the Web Interface is of an informative nature and is not a proposal of the Provider for the conclusion of an agreement in the sense of the provisions of § 1732 paragraph 2 of the Civil Code.
    2. The Agreement is concluded only at the moment of delivery of the User’s order confirmation by the Provider to the User’s e-mail address, together with the current wording of the T&C. The contract can be concluded in Czech or English. The concluded Agreement will be deposited with the Provider and the Provider will allow access to it at the request of the User.
    3. The order itself can be made via the Web interface or on the basis of e-mail or telephone communication with the Provider. An order placed on the basis of e-mail or telephone communication is valid for 30 days.
    4. The order must always contain at least the identification of the User (name and surname, contact e-mail, or business name, ID number, VAT number, telephone number), specification of the Goods, place of delivery (address).
    5. The user is allowed to check and change the input data he has entered in the order at any time before sending the order. By sending the order, the User accepts the T&C and at the same time confirms that he has read the Privacy Policy published on the Web Interface.
    6. In the event that any of the requirements specified in the order cannot be met by the Provider, it is entitled to send the User an amended offer to his e-mail address stating possible variants of the order and request the User’s opinion.
    7. The amended offer is already considered a draft agreement. In such a case, the Agreement is concluded only by confirming the draft agreement by its acceptance by the User via e-mail.
    8. The Provider reserves the right not to deliver the Goods in exceptional cases, especially in the case where the Web Interface mistakenly provided obviously incorrect or non-standard data, especially about its price or delivery date, or if it is currently sold out. In such cases, the Provider undertakes to return to the User the financial amount paid on the basis of the Agreement.
    9. The user agrees with sending proof of payment to his e-mail address.
    10. The User acknowledges that the Provider is not obliged to enter into the Agreement and reserves the right not to enter into the Agreement with Users who have previously significantly breached the Agreement or these T&C.
  4. Payment Terms
    1. The price of the Goods is valid at the moment of sending the order by the User, while the User agrees that it will be paid in the form of an advance payment (hereinafter referred to as the “Deposit”). Payments for the delivery of the Goods and any other fees such as postage are not included in the Deposit, but are charged separately and the total final price, including all taxes and fees that the User is obliged to pay in case of concluding the Agreement, is increased by their amount. User is informed about their amount before sending the order. The provider does not charge any special fees (costs) for long-distance communication, except for transport.
    2. Unless the Provider and the User agree otherwise and if the Web Interface or the Provider itself allows to choose one of the following payment methods, the User is entitled to choose the appropriate payment method and pay the Deposit in the following ways:
      1. cashless transfer to the Provider’s account No. 2601797421/2010, kept at Fio banka, a.s .;
      2. cashless payment card through a payment gateway available from the Web interface.
    3. In the case of a non-cash transfer/non-cash payment by payment card, the Deposit is paid on the day the relevant amount is credited to the Provider’s account. In the case of a non-cash transfer to the Provider’s account, the User is obliged to state the variable symbol communicated to him by the Provider when paying the Deposit.
    4. The Provider shall issue an advance tax document regarding the paid Deposit, which it shall send to the User electronically via e-mail no later than 15 calendar days from the date when the Deposit was received. The Provider will deliver the final invoice (tax document) with the deducted Deposit for the delivered Goods together with the Goods.
  5. Terms of Delivery
    1. The Provider undertakes to deliver the Goods to the User within 6 months from the date of payment of the price for the Goods, unless the parties agree otherwise. The user acknowledges that the delivery date stated in the Web interface is for guidance only.
    2. If the presentation of the Goods on the Web Interface contains the option of choosing the method of delivery of the goods, the User is entitled to choose this method. In such a case, the Provider follows the method of delivery of the Goods selected by the User.
    3. In the case of personal collection, the User is obliged to take over the Goods at the address Křenová 89/19, Trnitá, 602 00 Brno, after agreement within the period specified by the Provider in the notification of the possibility of personal collection of the Goods.
    4. If the Provider is to send the Goods, it shall hand over the item to the User (entrepreneur) by handing it over to the first carrier for transport; The Provider will hand over the Goods to the User (consumer) only as soon as the item is handed over to him by the carrier.
    5. Upon receipt of the Goods from the carrier, the User is obliged to check the integrity of the packaging of the Goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the User does not have to take over the shipment from the carrier. By signing the delivery note or other similar document, the User confirms that the consignment of the Goods met all the conditions and requirements and any subsequent claims regarding breach of the packaging of the consignment cannot be taken into account.
  6. User Registration, User Account
    1. The condition for using the Services is the registration of the User on the Web Interface. The User receives a link to this interface together with the delivery of the Goods, either electronically at the e-mail address specified by him or in the documentation supplied with the Goods.
    2. Registration is done by filling out and submitting a web form. In this form, the User is obliged to fill in the correct and complete mandatory data about himself and other data necessary to open a User Account and use the Services.
    3. The User is obliged to provide true and current data in the User Account during the use of the Service.
    4. The Provider is entitled at any time to verify with the User the data specified in the User Account (by telephone, e-mail, etc.).
    5. The Provider is entitled at any time in the future in connection with the provision of Services to change the scope of data required for registration and to request the communication of additional data about the User in the event that this is required for legal reasons. In the event that the requested data is not provided, the Provider is entitled to block the User Account and withdraw from the Agreement.
    6. After sending the registration form, the Provider will send a confirmation of the registration to the User’s e-mail address specified in the registration form. The registration is completed and the User Account is established by delivering a confirmation of registration to the User’s e-mail address.
    7. The User is entitled to request the establishment of his and up to two other (2) User Accounts for Other Users. The Provider reserves the right to enable the establishment of additional User Accounts for the Services only on the basis of the User’s request.
    8. The User is obliged to ensure compliance with all conditions arising from the Agreement and these T&C by Other Users too. If Other Users violate the conditions arising from the Agreement or from these T&C, the User is responsible for this violation.
    9. The User is not entitled to allow the use of his User Account by third parties, with the exception of Other Users.
    10. The Provider may cancel the User’s User Account in the event that the User violates his obligations arising from the Agreement or these T&C. The User acknowledges that in the event of cancellation of the User Account, all information entered by the User into the Service may be deleted.
  7. Provision of Services
    1. The Services operated by the Provider are provided in the “SaaS” mode (software as a service).
    2. The User’s access to the Service is ensured by means of an Internet browser, online access via the Internet, or via a mobile application, and is possible only through User Accounts protected by name and password.
    3. The User acknowledges that the Provider is entitled to limit or completely interrupt the provision of Services due to planned server outages due to maintenance of this server. Server downtime due to maintenance:
      1. will always last for a maximum of 12 hours;
      2. will always be published in advance in the Application or notified to the User by e-mail;
      3. will take place no more than once every 3 months, unless this is prevented by serious operational reasons on the part of the Provider.
    4. The Provider is not liable for malfunctions of the Service caused without fault of the Provider, especially due to failures of third party services that are integrated into the Provider’s Services (incl. signal and connectivity services for the Provider’s Services and Hardware), power outages, data network failures, other failures caused by third parties or force majeure. However, the Provider is obliged to make every effort to ensure the re-commissioning of the Service as soon as possible.
    5. The User agrees that the Provider may also provide the Services through third parties.
    6. The Provider is entitled to make modifications, updates or improvements to the Services without the prior consent of the User to the extent and at the time determined at the Provider’s discretion.
    7. New Services or functions, features or modules of existing Services are not automatically part of the update for Users. The updating of the Services for the User and the provision of new Services or functions, features or modules of the existing Services depends on the decision of the Provider.
    8. The User acknowledges that cooperation with other software may be necessary for the proper use of the Services. Use of this additional software is governed by special contractual arrangements with the rights holders of that software. The Provider is not responsible for the seamless connection of the Services to third party software.
  8. Rights and Obligations of the User
    1. The User undertakes to use the Services only to the agreed extent and in such a way that the use is not in conflict with generally binding legal regulations.
    2. The User is obliged to check the functionality of the Services without undue delay after they are available.
    3. The User undertakes to use the Services only through the Application or in another way recommended by the Provider.
    4. The User is fully responsible for the use of the Services and any actions performed by Other Users. The User is obliged to ensure that all other Users follow the provisions of these T&C. The User is fully responsible for maintaining the security and confidentiality of User Accounts, especially access data to them.
    5. By registering, the User declares and undertakes that:
      1. will not attempt to gain unauthorized access to the Services, to the User Accounts of other Users, to the Provider’s servers or to the Application;
      2. will not prevent access by others to the Services or allow third parties who are not authorized to do so to access the Services;
      3. will not misuse, block, modify or copy any part of the Services or attempt to disrupt the stability, operation or data of the Services;
      4. will respect the rights of the Provider and third parties when using the Services, especially when handling intellectual property objects.
    6. In the event that the User violates the obligations under this article of the T&C, he undertakes to compensate the Provider in full extent for the damage resulting therefrom.
  9. Content of the User
    1. The User is responsible for all information, materials, works (including copyrighted works) or any other data uploaded through the Application to servers operated for the purpose of providing the Services (hereinafter referred to as “Data”). The Provider is entitled to use all data obtained in this way, especially in the further development of Goods and Services, as well as in research and development related to the interest in preserving and developing the honey bee population, protecting its natural environment, and for publishing, education, promotion in the field of beekeeping and the development of beekeeping as such. In the sense of the previous sentence, the User agrees to the free use of the Data by the Provider and its partners.
    2. The User undertakes not to upload, send or otherwise store on servers operated for the purpose of providing the Services content that could contain a virus or other software that could destroy, damage or limit the functionality of the Services in relation to the Provider or other Users, as well as content that is illegal, content that is illegally infringing on the copyrights of a third party or is associated with criminal activity.
  10. Other Rights and Obligations of the Contracting Parties
    1. The Provider is entitled to use the business name, name or the name of the User for marketing purposes as a so-called reference, in all types of promotional materials.
    2. The User agrees that all correspondence may be delivered to him via the User Account or to the User’s e-mail address specified in the User Account.
  11. License Agreement
    1. The User acknowledges and agrees that the Services are operated and provided by the Provider in the form of “SaaS” (software as a service). Therefore, the User does not purchase or otherwise acquire ownership of the software itself, which is provided within the Service, but uses the Service consisting of access to software located on the Provider’s servers, for the period of providing the Services and for an agreed price (this software for the purposes of this T&C hereinafter also referred to as the “Subject of the License“).
    2. The User acknowledges that the Provider owns all proprietary copyrights and other intellectual property rights to the Subject of the License. The User is therefore obliged to use the Services and the Subject of the License only within the scope of the granted License.
    3. Under the conditions set out below, the Provider ensures, in addition to access to the Subject of License, also the operation of the Subject of License and ensuring its operation on the Provider’s servers (hosting services).
    4. The User acknowledges that the Subject of the License, including its functionality, may change during the term of the Agreement.
    5. By concluding the Agreement, the Provider provides the User with a non-exclusive right to exercise the right to use the Subject of the License (License) in the sense of § 2358 et seq. Civil Code and Copyright Act.
    6. The license is granted under the following conditions:
      1. The license is limited in time to the duration of the obligations under the Agreement.
      2. The User is allowed to use a copy of the Subject of License made on the Provider’s servers. In particular, the User is allowed to use a copy of the License Subject, which is necessary for loading and storing the License Subject in the memory of the computer – server, as well as for display, operation and transmission on the Internet. The User is entitled to exercise the authorization pursuant to this paragraph of the T&C exclusively through the Provider and on the servers specified by the Provider.
      3. The License is intended only for the purposes of proper use of the Subject of License in the sense of the Agreement and these T&C and in accordance with the determination of the Subject of License; In particular, any change, modification, publication, download or distribution of the License Subject, use of the License Subject through automatic processes or robots, reproduction of the License Subject for the purpose of its distribution, extension or communication of the License Subject to third parties, its rental or lending, unless the Provider gives the User explicit written consent.
      4. The license is provided without territorial restriction, while the location of the Provider’s server, on which the Subject of the license will be stored, is fully in the discretion of the Provider.
      5. The license is limited to the maximum number of active Users (i.e. User Accounts through which the Services may be used). The maximum number of active Users is agreed in the Agreement as the number of licenses. If not agreed, the License is limited to 3 active Users.
      6. The User is not entitled to grant a sublicense to the License to a third party or to pass on the License without the prior written consent of the Provider.
      7. The User is not obliged to use the License.
    7. The license also applies to all modifications, updates, improvements, or other modifications of the Subject of the license and the Services, which will be made by the Provider and will be made available to the User.
    8. You may not receive, view, change, modify, decompile, or otherwise interfere with the source code of the Licensed Software. The User is not entitled to create, obtain or reproduce any copies of the Subject of the License and the Services, in particular he may not obtain the source code in any way. The User is not entitled to incorporate the Subject of the License into other software equipment without the prior written consent of the Provider. The User is not entitled to circumvent, remove or limit the mechanisms used to protect the Provider’s rights and any information regarding copyright to the Subject of License.
    9. Remuneration for the provision of the License is included in the price of the Goods.
    10. Breach of any obligation of the User stated in this article of the T&C is considered a significant breach of the Agreement.
  12. Hardware Provision
    1. The Provider, together with the provision of the Services, also provides the User with Hardware intended for operation in connection with the provided Services. The conditions for providing Hardware are governed by the provisions of this article of the T&C.
    2. The User acknowledges that without the provided Hardware, the provision of the Service by the Provider is not actually possible.
    3. The user acquires ownership of the Hardware the earliest at the time of payment of the price, but not before taking over the Hardware.
    4. The User will take over the Hardware from the Provider in accordance with Article 5 of these T&C. Upon receipt of the Hardware, the risk of damage on it passes to the User. It has the same effect if the User does not take over the Hardware, even though the Provider has made it possible to handle. Damage to the Hardware, which arose after the transfer of the risk of damage to the User, does not affect his obligation to pay the Deposit, including all taxes and fees.
    5. The user is obliged to immediately acquaint himself with its status after taking over the Hardware.
    6. The User is not entitled to rent or otherwise provide the Hardware to a third party without the prior written consent of the Provider. Other users are not considered third parties for the purposes of this agreement.
    7. The User acknowledges and agrees that the Hardware service always takes place at the manufacturer or authorized hardware reseller, unless the Contracting Parties agree otherwise or the Provider informs the User of another procedure for hardware service.
    8. For the rest, the other provisions of these T&C shall apply mutatis mutandis to the provision of Hardware.
  13. Warranty and liability
    1. The Provider is responsible to the User for the fact that the Goods do not have Defects upon receipt. In particular, the Provider is responsible for the fact that at the time when the User took over the Goods:
      1. it has the properties agreed between the User and the Provider, or which the User expected with regard to the nature of the Goods or on the basis of advertising;
      2. is suitable for the purpose stated by the Provider for its use or for which Goods of this type are usually used;
      3. is in an appropriate quantity, measure or weight;
      4. complies with legal requirements.
    2. The rights and obligations regarding the rights arising from defective performance are governed by the relevant provisions of the Civil Code, in particular its § 1914 to 1925, § 2099 to 2117.
    3. If the Goods do not have the above properties, the User may also request the delivery of new Goods without Defects, unless this is disproportionate due to the nature of the defect, but if the Defect concerns only a part of the Goods, the User may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the Defect, especially if the Defect can be removed without undue delay, the User has the right to free removal of the Defect. The User has the right to deliver new Goods or replace parts even in the case of a remediable Defect, if he cannot properly use the Goods for the recurrence of the Defect after repair or for a larger number of Defects. In such a case, the User also has the right to withdraw from the contract.
    4. If the User does not withdraw from the contract or does not exercise the right to deliver new Goods without Defects, to replace parts or to repair, he may request a reasonable discount. The User has the right to a reasonable discount even if the Provider cannot deliver new Goods without Defects, replace a part of the Goods or repair the Goods, as well as if the Provider does not arrange a remedy within a reasonable time or if arranging a remedy would cause the User significant inconvenience.
    5. The Provider provides the User with a quality guarantee for a period of 24 months from the date of receipt of the Goods, which guarantees to the User that the Goods will be suitable for use for the usual or agreed purpose or that they will retain the usual or agreed properties.
    6. The User is obliged to file a complaint about the Goods in person at the Provider’s registered office or by post by sending them to the Provider’s registered office. In the event of a complaint, the User is obliged to prove the origin of the Goods by submitting an issued invoice (tax document) or by confirming the order by the Provider. If the User is not able to document the necessary documents, he is obliged to document the conclusion of the Agreement in another verifiable manner.
    7. When making a complaint about the Goods, the Provider is obliged to issue the User a confirmation of when the User has exercised the right, what is the content of the complaint and what method of handling the complaint the User requires. The Provider is also obliged to issue a written document on the settlement of the complaint, which contains the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. The Provider will handle the complaint about the Goods within 30 calendar days from the date of its application, otherwise the User has the right to withdraw from the Agreement. When eliminating a Defect in the Goods, the Provider is entitled to return the Goods to the factory settings.
    8. The quality guarantee does not cover the reduction of the service life of the Goods caused by improper use, incorrect or insufficient maintenance (especially mechanical or chemical damage, improper installation, operation, neglecting the care, third party damage, disproportionate loading, unqualified intervention) and wear and tear of the Goods caused by normal use, but also to damage to the Goods caused by natural elements or force majeure.
    9. The User is obliged to report the Defect of the Service to the Provider without undue delay after its discovery.
    10. Notification of a Service Defect is possible only via e-mail info@forsage.net, and the User should always accurately identify himself and describe the Service Defect in the sent Service Defect notification.
    11. The Provider responds to the notification of a Service Defect within 3 working days and is obliged to resolve it within 30 days at the latest. In the event that the Provider does not resolve the Service Defect within this period, the User is entitled to withdraw from the Agreement.
    12. The moment of notification of the Service Defect is decisive for the beginning of the time to complete resolution of the Service Defect.
    13. The Defect of the Service is removed by the Provider at the moment when the Provider:
      1. puts the inoperable Service in function again or restores full functionality, or
      2. locates and notifies the User of the cause of the Service Defect, if it is a Defect for which the Provider is not responsible, or
      3. proves to the User that the cause of the Defect of the Service is not on the part of the Provider and there was no failure or limitation of the functionality of the Service, or
      4. provide the User with instructions on how to use the Service until the final resolution of the Service Defect, so that the Defect does not manifest itself or its effects on the User are maximally limited.
    14. The following shall not be considered a Service Defect within the meaning of this article of the T&C:
      1. the absence of a functional feature of the Service that is not explicitly stated in the Description of the Services;
      2. a defect of the Service caused as a result of unauthorized interference with the Service or use of the Service in violation of the Description of the Services by the User, Other Users or third parties;
      3. a defect of the Service caused as a result of third party interventions in the Application or User Account or as a result of using the Application or User Account contrary to their purpose;
      4. malfunction of the User’s data network, malfunction of the public data network, malfunction of the User’s hardware (with the exception of Malfunction of the Hardware to the extent and under the conditions set out in Article 12 of the T&C), unavailability of User’s data due to failure to back up data by the User, caused by third party interventions in other User’s software;
      5. malfunction caused by failure of third party services that are integrated into the Provider’s Services (incl. signal provider and connectivity services for the Provider’s Services and Hardware).
    15. In the event that the User makes an unauthorized notification of a Defect of the Goods or Services (i.e. if it is found that the Defect did not exist or the Defect occurred due to circumstances for which the Provider is not responsible, including circumstances on the part of the User), the Provider may demand payment of costs associated with resolving the Defect from the User.
    16. At the request of the Provider or their authorized person, the User undertakes to provide the necessary cooperation in eliminating Defects or making modifications to the Services provided to the User.
    17. The User undertakes, alone or with the assistance of the Provider via e-mail or telephone provided on working days from 9:00 am to 3:00 pm (UTC +1 CET Central European Time), to remove basic Defects, or to allow the Provider remote access to resolve Defects. Defects that the Provider is not obliged to solve include in particular:
      1.  replacement of a discharged battery;
      2. Defects caused by insufficient basic care of the Goods (cleanliness, routine maintenance and use in accordance with the instructions for use).
  14. Confidentiality
    1. The Contracting Parties are obliged to maintain the confidentiality of all information concerning the trade secret of the other Contracting Party, as well as information concerning the business activities of the other Contracting Party, towards any third party. This obligation is not affected even in the event of termination of the contractual relationship established by the Contract.
    2. Information on business activities means all information of a commercial, accounting, financial, strategic, marketing and technical nature, of which the other party learns in connection with the exercise of rights and fulfillment of obligations under the Agreement or these T&C, if such information is not publicly available.
    3. The user is responsible for maintaining confidentiality to the extent provided in this article of the T&C by other users.
  15. Period of Services provision
      1. The services will be provided for an indefinite period, unless agreed otherwise.
  16. Withdrawal from the contract
    1. The Contract may be terminated based on a written agreement of the Contracting Parties.
    2. The Contract may be terminated for any reason or without giving a reason, by written notice of any of the Contracting Parties. The notice period is 1 (one) month, starts on the first day of the calendar month following the calendar month in which the notice was delivered to the other Contracting Party, and ends on the last day of this calendar month.
    3. The Consumer as a User is entitled to withdraw from the Contract without giving a reason within 14 days from the date of receipt of the Goods, on the basis of § 1829 of the Civil Code. A sample withdrawal form is available on the Web Interface.
    4. In the event of withdrawal from the Contract pursuant to the previous paragraph, the User is obliged to return the Goods to the Provider within 14 days from the date of delivery of the withdrawal. In the event of withdrawal pursuant to the previous paragraph, the costs associated with the return of the Goods shall be borne by the Provider.
    5. In the event of withdrawal from the Contract pursuant to paragraph 16.3. of T&C shall return to the User without undue delay, but no later than within 14 days of withdrawal from the Contract, all funds, including delivery costs, which he has received from the User on the basis of the Contract, in the same manner. The Provider will return the funds to the User in another way only if the User has agreed to this and if he does not incur additional costs. The Provider will not return the funds to the User before the User returns the Goods to him, ie. hand over or prove that he has sent the Goods to the Provider.
    6. The User is entitled to withdraw from the Agreement in the event of a significant breach of the Agreement or the T&C by the Provider. In particular, the following are considered to be significant breaches:
      1. the Provider’s delay in the delivery of the Goods pursuant to paragraph 5.1. longer than 60 days;
      2. breach of the duty of confidentiality pursuant to Article 14 of the T&C.
    7. The Provider is entitled to withdraw from the Agreement in the event of a material breach of the Agreement or the T&C by the User. In particular, the following are considered to be significant breaches:
      1. breach of the obligations set out in Articles 8, 9 and 11 of the T&C;
      2. breach of the duty of confidentiality pursuant to Article 14 of the T&C.
    8. The User is obliged to send the termination or withdrawal from the Agreement to the e-mail address info@forsage.net or to the address of the Provider’s registered office.
  17. Liability for Damage
    1. The User acknowledges that the Services and Hardware are not suitable for use in operations where major or more serious damages may occur, and that the Provider is not responsible for the results of the activities for which the Services are used and for any damages in these activities and in general. when using the Services or Hardware incurred by the User or third parties in connection with the operation or defects of the Services and Hardware. The User acknowledges that errors may occur during the use of the Services and that the Services and Hardware provide only information to support the User’s decision-making.
    2. The contracting parties exclude the application of the provisions of § 2952 of the Civil Code. The Provider is not liable for indirect damages incurred as a result of providing the Services, ie in particular for lost profits, loss of sales, loss of data, financial or indirect, special or consequential damages.
    3. By concluding the Agreement, the User acknowledges that even with the Provider’s maximum efforts, short-term unavailability of the Service cannot be excluded, which may be caused by circumstances outside the scope of the Provider’s influence. The User therefore agrees and undertakes that all data that will be stored within the Service will be available from another source.
  18. Changes in T&C
    1. Forsage expressly reserves the right as necessary to make additions or modifications to the present Terms and Conditions at any time User will be notified about the change on webpage www.forsage.net and by email sent to users email address the latest 30 days before the date of the proposed effectiveness of the change in T&C.
    2. If the User does not agree with the proposed change of the T&C, he is entitled to terminate the Agreement, no later than 15 days before the date of the proposed change of the T&C; in the event of termination of the Agreement by the User, the Agreement ends on the expiry of the last day preceding the effective date of the proposed change to the T&C. If the User does not terminate the Agreement within the specified period, it is considered that he agrees with the change of the T&C.
  19. Processing of Personal Data
    1. When providing Services and Hardware, the Provider may process the User’s personal data (in the case of a natural person), Other Users whom the User allows to use the Services and persons acting on behalf of the User in connection with the performance of the Agreement.
    2. The Provider will process such personal data mainly for the purposes of fulfilling the Agreement and ensuring the provision of Services.
    3. The Provider undertakes to process personal data in accordance with Regulation (EU) 2016/679 on Personal Data Protection (GDPR), Act No. 110/2019 Coll., On Personal Data Processing, as amended, or in accordance with any regulations stipulating obligations to protect personal data.
    4. The User is obliged to ensure that the personal data of Other Users, which the User allows to use the Services, and persons acting on behalf of the User in accordance with the Contract, are provided to the Provider in accordance with GDPR and Personal Data Processing Act, and that the relevant persons are informed that their personal data are passed on to the Provider and for what purpose.
  20. Final Provisions
    1. The customer may transfer his or her rights and obligations under this agreement to third parties only after written notice to the Provider.
    2. Should one or more provisions of these Terms and Conditions be found ineffective, this shall not affect the validity of the remaining provisions.
    3. All rights to Provider’s website, in particular content copyright, including page layout, photos, movies, graphics, trademarks, logos, and other content and features, belong to Provider. It is forbidden to copy, modify or otherwise use the website or any part of it without the consent of the provider.
    4.  The provider is not responsible for errors caused by third party intervention in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in a way that would be contrary to its purpose or purpose.
    5. Please note that these Terms are governed by Czech Republic law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Czech law. You and we both agree that the courts of Czech Republic will have non-exclusive jurisdiction.
    6. These T&C are available at web page https://www.forsage.net and take effect on 17 May 2020.
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