Terms and Conditions

These Terms and Conditions apply to shopping via the www.aponia.com e-shop that is operated by Aponia Software Ltd.

These Terms and Conditions define and specify rights and responsibilities of the seller, i.e. Aponia Software Ltd., with headquarters at Hnevkovskeho 30/65, Czech Republic, Company registration number: 606 98 802, and the buyer (customer, consumer, end user).

All the contractual relationships are concluded in compliance with the law of the Czech Republic.

In case that the buying contract party is the end user/consumer, all relationships not mentioned in these Terms and Conditions are conducted in compliance with the Civil Code of the Czech Republic (40/1964 Sb.) and the Consumer Protection Act of the Czech Republic (634/1992 Sb.).

In case that the buying contract party is not the end user/consumer, all relationships not mentioned in these Terms and Conditions are conducted in compliance with the Commercial Code of the Czech Republic (513/1991 Sb., all as amended).

Terms specification

The consumer contract is a purchase agreement, works contract, alternatively other type of contract, provided that the contract parties are the end user/consumer (buyer) and the supplier (seller).

The seller is Aponia Software Ltd.

Aponia Software Ltd. concludes and performs contracts under the terms of its trade or other business activity.

Aponia Software Ltd. is a business subject that directly, or via other business subjects, provides products and/or services to the buyer.

The customer of our e-shop is the buyer.

In compliance with the currently effective legislation, the buyer that is the end user/consumer is distinguished from the buyer that is not the end user/consumer.

Buyer that is the end user/consumer is a person that concludes the contract without acting under the terms of their trade or other business activity.

Buyer that is not the end user/consumer is a business subject that concludes the contract in relation to its business activities. In this case, the buyer follows Terms and Conditions to the extent of the buyer's involvement and the Commercial Code of the Czech Republic.

Purchase agreement

In case that the buyer is the end user/consumer, the purchase agreement proposal is made by placing the seller's product(s) on the seller's website. The purchase agreement comes into existence the moment the order that has been sent by the buyer is accepted by the seller.

This acceptance is immediately confirmed by the seller via email that is sent to the buyer's email address specified in the buyer's account on the seller's e-shop. However, this confirmation has no effect on the purchase agreement formation.

Concluded contract, including the agreed price, can be altered or cancelled only by consensus of both parties or based on legal reasons.

In case that the buyer is not the end user/consumer, the purchase agreement proposal is made by sending the order to the seller and the purchase agreement is concluded the moment the buyer receives a legally binding agreement with the proposal from the seller.

The buyer is obligated to cover all expenses related to collection of any amount owed by the buyer to the seller after the due period.

By concluding the purchase agreement, the buyer confirms having read, understood and agreed to these Terms and Conditions including the Return Policy.

The buyer is adequately notified about and has the opportunity to read these Terms and Conditions and the Return Policy before realizing any order.

The seller reserves the right to cancel any order or its part before concluding the purchase agreement, having agreed with the buyer, in the following cases: the product is no longer being produced and/or supplied; the supplier's costs have changed significantly.

The buyer, having already made the payment for the product, will be refunded by transferring money back to their bank account or address and the purchase agreement will not be concluded.

No end user/consumer rights can be applied to any gifts that are provided free of charge. Such articles meet the terms of the Deed of Gift and all regulations in compliance with the effective legislation of the Czech Republic.

Conflict with the purchase agreement

In case that the product received by the buyer is not in compliance with the purchase agreement (hereinafter "conflict with the purchase agreement"), the buyer is entitled to request that the seller sets the product into the state agreed upon in the purchase agreement and that the seller does so without unnecessary delays and free of charge, by means of replacement. If such process is not possible, the buyer can request a reasonable discount on the price of the product or back out of the agreement. This cannot be applied if the buyer caused or was aware of the conflict with the purchase agreement beforehand.

If the conflict with the purchase agreement becomes evident during the first six months after the buyer receives the product, the conflict with the purchase agreement is considered to have existed during the initial transaction between the seller and the buyer, unless it contradicts the character of the matter or unless proven otherwise.

In relation to products that require any means of active approach from the user, e.g. product activation, changing settings etc., Aponia Software Ltd. does not hold any responsibility for any changes made. The potential customer is encouraged to purchase the product only as long as they understand everything mentioned in these Terms and Conditions and are aware of the potential risk.

Payment Terms and Conditions

Any possible fees related to payment processing are covered by the seller. These fees are not included in the price of the purchased product(s) or service(s) in any way. Any products or services remain a property of the seller until the payment of the total price is executed by the buyer. All available payment methods are transparently listed on the seller's website.

Delivery Terms and Conditions

Products that are distributed digitally: the buyer receives their license key via the e-shop user interface, in the user profile within the time period specified in the product description at the time of making the purchase.

In case that the buyer does not receive their license key, the seller is obligated to refund the buyer an amount equal to the price of the product at the time of making the purchase and to do so via bank transfer or money order sent to the address specified in the buyer’s user profile on the seller’s e-shop. The refund must be executed within one week (7 days) after the payment is credited to the seller’s bank account (the payment is considered to have been refunded the day the seller initiates the money transfer to the buyer).

Consumer’s right to back out of the contract

In case that the purchase agreement is concluded via means of remote communication (e-shop), the end user/consumer, according to the Civil Code of the Czech Republic (§ 53, odst. 7), has the right to back out of the contract within 14 days from receiving the product.

If this is the case, the end user/consumer contacts the seller and states that they hereby back out of the contract, including specification of the number of the order, date of the purchase and bank account number or the address the refund is destined to be sent to.

The contract withdrawal statement must be delivered no later than the last day of the 14-day period. This law provision is not to be taken as a free opportunity to borrow the product from the seller.

By applying the right to back out of the contract within 14 days from receiving the product, the end user/consumer is obliged to return everything that was obtained through the purchase agreement back to the seller.

The buyer has the right to include any expenses related to realizing the return of the product to the seller (e.g. transport expenses) in the total amount that is to be refunded.

The end user/consumer does not have the right to back out of the contract in case of the following contracts:

  • services provided to the buyer in case that the fulfillment of the contract had been initiated, with the agreement of the buyer, within the first 14 days from receiving the contract performance
  • supply of service(s) or product(s) the price of which is affected by divergences of the financial market not influenced by the seller
  • supply of product(s) customized according to the buyer’s request or for their personal use
  • supply of product(s) that are liable to rapid decline in quality
  • supply of audio/video recordings and computer programs in case that the buyer has removed or broken the original cover of the product
  • supply of press, periodicals and magazines based on gaming and/or lottery

Privacy Policy

Customer data is gathered and processed in compliance with the effective laws of the Czech Republic, particularly the Czech Personal Data Protection Act (101/2000 Sb.), as subsequently amended.

By concluding the contract, the buyer agrees to processing and gathering of their personal data in the seller’s database after successful performance of the contract by the seller. This agreement can be invalidated by the buyer by expressing disagreement with processing and gathering the buyer’s personal data. The disagreement must be expressed in written form. The buyer has the right to access and/or correct their personal data, including other lawful rights related to personal data. The buyer’s personal data can be removed from the seller’s database, based on the buyer’s written request.

Safety of all the customers’ personal data is fully guaranteed.

The seller does not present the personal data of the customers to any other person or business subject, with the exception of external delivery service providers, who are presented with the personal data of the customer only to the extent necessary for successfully delivering the product to the buyer. Individual concluded contracts are archived by the seller only in the electronic form and are accessible only by the seller.

Final Statement

These Terms and Conditions are valid to the full extent quoted on the seller’s website by the day of concluding the purchase agreement.

The buyer’s order, after being confirmed as a concluded contract between the buyer and the seller, is archived for the purpose of the contract performance and further record keeping and its status is freely accessible by the buyer.

These Terms and Conditions can be archived and/or reproduced by the buyer.

At the moment of concluding the purchase agreement, the buyer agrees to all the Terms and Conditions valid by the date of sending their order, including the price of the ordered product(s) and/or service(s) stated as a part of the confirmed order, unless it can be proven that both parties agreed otherwise.

These Terms and Conditions come into effect by January 1, 2014. Aponia Software Ltd. reserves the right to alter any part(s) of these Terms and Conditions.