Terms and Conditions

PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.

If the company you represent or you (collectively “you”) do not agree to the terms and conditions of this agreement, do not download or install the software.

1. Validity of conditions of sale
  • The conditions of sale are valid between the buyer at the HQSCUSTOM.COM web store (hereafter referred to as the ‘consumer’) and the trader HQS DEVELOPMENT OÜ (the ‘web store’) for the purchase of goods and services.
  • In addition to these terms and conditions, legal relationships arising from the purchase of products from the HQSCUSTOM.COM web store are regulated by the Law of Obligations Act (LOA), the Consumer Protection Act (CPA) and other legislation applicable in the Republic of Estonia.
  • The HQSCUSTOM.COM web store reserves the right to change the conditions of sale. These changes will be made available on the web page.
 
2. Price information
  • Prices are valid from the date of placing an order until the expiry of the payment date of the order ( 7 days after placing the order).
  • If the order was placed prior to a change in the conditions of sale or in prices, the legal relationship between the consumer and HQSCUSTOM.COM will be governed by the terms and conditions that are applied during the time of placing the order.
  • The HQSCUSTOM.COM web store reserves the right to make changes in sales prices. These changes will be made available on the web page HQSCUSTOM.COM
 
3. Placing an order
  • Add the desired products to your shopping cart.
  • To place an order, first click on the ‘Place an order’ link on the shopping cart page.
  • Then choose whether you wish to place a single order or order as a regular customer.
  • Fill in the required information fields on the checkout page, select a suitable delivery method and click on the ‘Order with payment obligation’ link. You will then see an invoice, which you can conveniently pay via a bank link (Swedbank, SEB, Sampo, Nordea, etc.) or through other bank payment methods such as a euro payment. The details for making a euro payment inclusive of all effective national taxes and additional fees can be found on the invoice displayed after you have confirmed your order.
  • Fill in the fields on the information and order confirmation pages carefully, as the accuracy and correctness of the data submitted affects the fast and smooth delivery of your purchases and the subsequent settlement of potential disputes and complaints.
 
4. Return Policy

Software (including but not limited to all html, php, tpl, js, graphic/image, and text files) cannot be returned for a refund. Should you experience a problem with any purchased software, HQSCUSTOM.COM offers support services to assist with the first installation / configuration of the default software on the customer’s website (excluding any custom work or modifications or any alterations whatsoever to the default software).

If the support service cannot get the software to work as described in it’s description, and all the requirements for the modules are met, a refund for the original amount will be issued.

Please note that support cannot be provided once a dispute or chargeback is initiated through your bank or through Paypal relating to your HQSCUSTOM.COM purchase; for this reason you are encouraged to contact Customer Service for support prior to opening a dispute.

 
5. Support services

Software purchased from HQSCUSTOM.COM includes limited free support including support for one-time installation / configuration on the client’s site, access to re-download module files after initial purchase and limited technical support. Any installation / configuration support required beyond the free one-time installation / configuration support, including but not limited to support that is requested after a software upgrade, website move or accidental file deletion, will require paid support, billed per hour or as otherwise arranged prior to comencement.

Unless stated otherwise, the free support is only available through our website/email. If you require more advanced technical support or require telephone assistance, additional fees will be added. If interested, you are welcome to inquire about a support plan (‘retainer plan’).

 
6. Software updates

Software purchased from HQSCUSTOM.COM includes free upgrades for as long as the price remains the same (* Certain exceptions apply). If the price of the software increases, we require that you pay the difference in price in order to upgrade.

To request a module update, please use our Contact Us page.

* Certain upgrades, including some which make a module compatible with a major update to Prestashop (such as 1.5), may require an additional upgade fee due to the time and resources required to perform the work, even if the price of the software remains the same. We make every attempt to keep these cases to a minimum but sometimes they are necessary. If you have any questions about a price increase or upgrade free please don’t hesitate to contact us.

 
7. Software update information and Your privacy

Updates related to security and/or bug fixes and feature additions are sometimes released and it is important to keep the software on your system up to date to avoid security or compatibility issues. For this reason, by downloading software from our website, you agree to receive periodic messages from HQSCUSTOM.COM informing you of important updates.

 
8. Proprietary rights and conditions

All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, php, tpl, js, graphic/image, and text files) are owned by HQSCUSTOM.COM. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. HQSCUSTOM.COM retains all rights not expressly granted herein.

You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the “html”, “php”, and “tpl” files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from HQSCUSTOM.COM. HQSCUSTOM.COM reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in asp/asp.net scripts, this includes any references to HQSCUSTOM.COM

 
9. Licenses

Each copy of the software must be used for only one production website / domain. Each copy may be used on additional test servers related to the production domain as well. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. This license does not grant any reseller privileges.

 
10. Disclaimer of warranties

To the extent allowed by local law, this software is provided to you “as is” without warranties or conditions of any kind, whether oral or written, express or implied. HQSCUSTOM.COM specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.

 
11. Limitation of Liability

Except to the extent prohibited by local law, in no event will HQSCUSTOM.COM or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.

 
12. Installation

You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. HQSCUSTOM.COM does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to Prestashop) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.

 
13. General disclaimer

HQSCUSTOM.COM neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. HQSCUSTOM.COM, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.

 
14. Processing of personal data
  • By entering their data at the web store and with a corresponding consent, the consumer agrees with the collection and processing of their personal data (name, phone number, delivery and/or home address, e-mail address) and the transfer of their personal data to the logistics partners for the delivery of goods.
  • The HQSCUSTOM.COM web store has the right to use the consumer’s residence or other address for advertisements and other information to the consumer.
  • The consumer has the right to forbid the collection and use of their personal data at any time, except where this is necessary for the collection of a contractual claim or for the delivery of goods.
  • Electronic personal data are used for direct mail only if the consumer has given a separate consent for this on the HQSCUSTOM.COM website (link to the direct mail module)
  • Encrypted communication with banks during the payment of goods ensures the security of the consumer’s personal bank details and makes them inaccessible for the web store itself.

Consumers have the right to appeal to the Consumer Complaints Commission.
If the web store has refused to settle a complaint from the consumer or the consumer does not agree with the solution proposed by the web store and finds that their rights have been violated or interests damaged, the consumer may file a complaint with the Consumer Complaints Commission through the Consumer Protection Board or turn to the court. Consumers can file complaints themselves or through a representative. Information about the Consumer Protection Commission can be found on the website of the Consumer Protection Board. For the settlement of problems arising in the Member States of the European Union, contact the European Consumer Centre.

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