Terms and Conditions

(the “Terms and Conditions”)

1 Introduction

1.1 These Terms and Conditions govern the mutual rights and obligations of the buyer and the seller arising out of or in connection with the contract of purchase and sale of any and all products available from the Goodcam Online Store (the “Products”).

1.2 These Terms and Conditions do not govern the mutual rights and obligations in contracts for the purchase and sale of Products, if you, as the buyer, intend to resell or distribute the Products to any third parties. If you intend to resell or distribute the Products, please contact us for more information on the terms and conditions of B2B supply of Products.

1.3 We reserve the right to change or amend these Terms and Conditions from time to time as we see fit. Given this fact, you should check these Terms and Conditions periodically and always before placing any order on Goodcam Online Store. Changes will not apply to any already existing contract unless required by applicable law.

1.4 If you do not agree to abide by these Terms and Conditions, you may not conclude the contract of purchase and sale.

2 Definitions

“buyer” or "you": anyone purchasing the Products via the Goodcam Online Store;

“Civil Code”: Act of the Czech Republic No. 89/2012 Sb., Civil Code, as amended.

“Contract”: any contract of purchase and sale of the Products concluded between the seller and the buyer via the Goodcam Online Store;

"Goodcam", “seller” or "we": the company streamhosting.cz, s.r.o., with the registered office at Kališnická 379/10, Žižkov, 130 00 Praha 3, Czech Republic, ID No.: 28535367, VAT ID No.: CZ28535367, registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 148634;

“Goodcam Online Store”: online store located on the Goodcame Website;

“Goodcam Website”: the official Goodcam website https://www.goodcam.io/ and any subdomains thereof;

3 Conclusion of Contract

3.1 The Contract is concluded online. You agree to use remote means of communication when concluding the Contract and bear all the costs incurred when using remote means of communication in connection with the formation of the Contract.

3.2 To order the Products, you are required to provide at least the following information:

  1. Product specification (by selecting the product and adding it to your shopping cart);
  2. shipping method (by selecting from the available choices);
  3. your email address;
  4. your billing and shipping addresses;
  5. payment method (by selecting from the available choices).

3.3 Before placing your order, you can view, modify, or cancel the order anytime in the “Cart” section of the Goodcam Online Store.

3.4 You are solely responsible for any information listed during the order placement procedure, including, but not limited to, the email address, shipping address, and the amount and specification of the ordered Products.

3.5 After placing your order, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). We will use the email address listed by you when placing the order.

3.6 Please note that your order constitutes a binding offer to us to purchase the Products. All orders are subject to subsequent acceptance by us. The Order Confirmation only confirms that your order has been placed. It does not confirm that your order has been accepted by us and does not confirm that we have received your payment.

3.7 Before we accept any order placed by you, you will always be required to pay the sum of the purchase price, delivery charges and any other applicable costs and expenses in accordance with the selected payment and delivery method. See the "Payment Method" section of these Terms and Conditions for further information.

3.8 We will confirm our acceptance of your order by sending you an email confirming receipt of your payment and the estimated date of delivery (the "Confirmation of Acceptance"). The contract is concluded once we confirm acceptance of your order. The purchase price is due at the time the contract is concluded.

3.9 The Contract will only apply to the Products confirmed in the Confirmation of Acceptance. We are under no obligation to supply any Products which may have formed part of your order other than those Products listed in the Confirmation of Acceptance.

3.10 Before the Contract is concluded, we may ask you to verify and confirm your order without undue delay after you have placed it. We will always ask you to review and confirm your Order if we are unable (for any reason or no reason) to accept the Order in its entirety.

3.11 We reserve the right to cancel (refuse) your order at any time prior to acceptance including, but not limited to, where there is an obvious pricing error or where the Product is no longer in stock at us or our third-party supplier.

3.12 If we do not accept your order within ninety (90) days of the date of the Order Confirmation (for any reason or no reason), the order will be deemed to have been declined.

3.13 If we decide not to accept your order (or if we reject your order) for any reason or no reason, you will be entitled to a refund of any payments accepted by us in accordance with Section 2.7 hereof. Any bank charges, fees or taxes associated with the refund will be deducted from the refunded amount. If we accept only part of your order, we will retain the funds equal to the purchase price, the shipping costs and any other applicable costs and expenses related to the Products shipped.

4 Product prices and availability

4.1 All prices of the Products in the Goodcam Online Store are exclusive of delivery charges and any other applicable costs and expenses.

4.2 Any information about the Products, including Product prices and availability, published on the Goodcam Website shall not be deemed to be a binding offer to enter into the Contract. Any such information is for information purposes only and we are therefore under no obligation to accept your orders. The provision of Section 1732 (2) of the Civil Code shall not apply.

4.3 All Product information, including Product prices and Product availability information, displayed on the Goodcam Website is subject to change without notice. The changes are effective from the moment they are published on the Goodcam Website.

4.4 As soon as we discover any errors on the Goodcam Website, we will correct it. Despite our best efforts, the Products listed on the Goodcam Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that if the correct price of a Product is lower than our stated price, we will refund the excess payment. If the correct price of a Product is higher than the price displayed on the Goodcam Website, we will normally, at our sole discretion, either contact you for instructions before dispatching the Product or refuse your order.

4.5 We are subject to Value Added Tax (VAT). The prices of the products on the Goodcam Website are displayed including applicable VAT.

4.6 All additional freight, delivery or postal charges and any other additional costs and the method of their calculation may vary with reference to the selected shipping, carrier or payment method and are displayed on the Goodcam Website.

4.7 Unless otherwise stated, you may only use one discount code or discount voucher per order.

5 Payment method

5.1 You can make your payment in any currency shown in the Goodcam Online Store using your credit or debit card, or by bank transfer to our account. Card payments are processed by a third‑party payment gateway provider. Please note that some credit or debit cards may not be supported by the gateway provider.

5.2 You hereby acknowledge that the credit (debit) card payment gateway provider is solely responsible for the processing of your payment and for any credit (debit) card information you provide during the payment process.

5.3 Unless otherwise stated herein, your payment shall include the price of the Products, delivery charges and other applicable costs and expenses as set out herein.

5.4 You agree to receive sales invoices electronically.

5.5 You acknowledge that we will charge VAT on the Products at the rate applicable in the Czech Republic at the time the order is placed.

5.6 You are solely responsible for consulting your state and local tax and customs laws to determine compliance with the tax and customs laws and regulations in your area and for paying any outstanding taxes and duties, if any, in accordance with your tax and customs residence laws.

5.7 You hereby waive your right to claim that the taxes and/or duties levied on any purchase are incorrect in any respect and agree to indemnify and hold Goodcam, its officers, directors, employees, agents and representatives harmless from any loss or damage you may suffer as a result of our error in calculating the taxes or duties you owe on your purchases.

5.8 In the event that you are entitled to a refund (in whole or in part) of your payments hereunder, the payments (after deduction of any fees and costs payable by you hereunder) will be refunded (in the currency in which the payment was originally made) to the bank account from which the payment was made or which is associated with the credit (debit) card used to make the payment.

6 Delivery

6.1 The delivery service is provided by third-party carriers. Please note that, unless otherwise stated on the Goodcam Online Store, delivery estimates displayed on the Goodcam Online Store or in the Order Confirmation and Confirmation of Acceptance are just that. They are not guaranteed delivery times and should not be relied upon as such. Tracking of packages may be limited in some countries.

6.2 You are obliged to accept the Products ordered. Occasionally, however, packages are returned to us as undeliverable. It is possible to resend your order, but additional charges may apply. We will not resend the order until the additional charges have been paid. If you no longer wish to have your package resent, you may request a partial refund. However, you acknowledge that some charges and fees, in particular shipping charges, may not be refundable in such a case.

6.3 On delivery, you must check that the package has not been tampered with and that the packaging of the package and the Products are intact. In the event of any damage to the package, the Products or their packaging, you are obliged to inform us immediately.

7 Withdrawal from Contract

7.1 This section of these Terms and Conditions applies only to the buyer who is a consumer within the meaning of Section 419 of the Civil Code.

7.2 Unless stated otherwise by the law or by these Terms and Conditions (e.g. in instances where the product has been personalized for you), you are entitled to withdraw from the Contract within fourteen (14) days from the date on which you have taken the possession of the Products.

7.3  In order to obtain a full refund, you must initiate a product return request within fourteen (14) days upon the delivery of the Product to you.

7.4 In order to qualify for a full refund, the Products must be returned unused and sealed in their original packaging with all original materials provided in their complete condition.

7.5 You will be liable for any diminution in the value of the Products resulting from any handling of the Products other than that necessary to inspect the Products as you would in a shop.

7.6 If you are entitled to a refund, we will refund to you the purchase price paid by you, including delivery charges, using the cheapest method of delivery available to you at the time of your order (without regard to your choice of delivery method). However, we will not refund the cost of shipping the Products to us.

7.7 If for any reason you do not qualify for a full refund, we may, at our discretion, issue you with a partial refund.

7.8 Refunds will normally be processed within two (2) weeks from the date we receive the returned Products. Once your return has been processed, we will send you a confirmation email.

7.9 Refunds will be processed in accordance with the rules set out in Section 5.8 of these Terms and Conditions.

8 Defects and Warranty

8.1 We warrant that the Products, at the time their of delivery to you, are free from defects in material and workmanship and that their quality conforms to their specification as set out on the Goodcam Online Store (the "Warranty") and will remain so for two (2) years from the date of delivery (the "Warranty Period").

8.2 We may offer an extended warranty period for some of our Products. In such a case, the information about the extended warranty period will always be displayed in the Goodcam Online Store.

8.3 The Warranty hereunder only covers failures or malfunctions that occur during the Warranty Period and under normal conditions of use. The Warranty hereunder does not cover:

  1. normal wear and tear;
  2. damage caused by accident, abuse, misuse, neglect, improper handling or installation;
  3. damage to or loss of the Product caused by excessive physical or electrical stress outside the operating conditions described in the Product manual, including but not limited to moisture, corrosive environments, high voltage surges, extreme temperatures or abnormal working conditions;
  4. damage to or loss of the Product caused by natural disasters, including but not limited to floods, storms, fires and earthquakes;
  5. damage caused by your error or failure to follow the instructions in the accompanying documentation (user manual and Product terms of use);
  6. damages to the Products modified by anyone other than us, our associated partners or authorised service facilities;
  7. damage to the Products where the original firmware has been replaced or modified by anyone other than us, our associated partners or authorised service facilities; or
  8. damage or loss of data due to interoperability with current and/or future versions of operating systems, software and/or hardware;
  9. damage or loss of data caused by improper use and behaviour not recommended and/or permitted in the Product documentation;
  10. failure of the Product caused by the use of products not supplied by us.

8.4 If the Product you ordered was damaged or defective at the time of delivery, or if the Product is not free from defects in material and workmanship under normal use during the Warranty Period, you may return it for replacement or repair. Any such return must be initiated immediately upon discovery of the defect. You may not initiate the return later than two (2) years after the original date of delivery.

8.5 A replacement or repaired Product will be dispatched when the original damaged or defective Product is received and processed by us.

8.6 We further warrant that the replacement Product and/or its parts or components will be free from defects in material and workmanship at the time the replacement Product is delivered to you and will remain so under normal use for the remainder of the original Warranty Period. If the replacement Product and/or replacement components were damaged or defective at the time of delivery, you may initiate the return process again. However, you may not initiate the return process more than two (2) years after the date the (replaced) Product was first delivered to you.

8.7 Your rights under the Warranty are not transferable and may only be enforced by you as the original purchaser. Any Product that has not been purchased as new from us is expressly excluded from the scope of the Warranty.

8.8 We shall not be liable for any incidental or consequential damages arising out of and/or in connection with the Product or its purchase. Our responsibility is limited to the Product itself. We do not accept responsibility for any loss or cost due to loss of profit by a third party or the customer or any other indirect costs or losses howsoever caused. We reserve the right to make changes or improvements in design, firmware or manufacture without incurring any obligation to change or improve Products previously manufactured and/or sold.

8.9 Except as expressly provided herein, we do not provide any other warranty under these Terms and Conditions and we do not warrant the quality, performance, functionality or fitness for a particular purpose of any software or firmware developed for use with our Products. For further information about our software and firmware, please refer to the Product terms of use or user manual.

8.10 If the Product is damaged or faulty, please contact us immediately via our support at support@goodcam.io. Our support team will provide you with a postal address to return the Product for inspection and further instructions.

8.11 Please note that in order to obtain any remedy under the Warranty, you must provide our support with (i) the credit/debit card or bank account number from which payment was made, the order number and the electronic receipt (invoice).

8.12  If we determine that the Product is damaged or defective and the damage or defect is covered by the Warranty (and is not subject to any limitations hereunder), we will repair or replace the Product with an identical or similar (e.g. newer) version of the Product.

8.13 The cost of returning the Product to us and back to you shall always be borne by you. If we find that the Product was defective or damaged and the damage or defect is covered by the Warranty, you will be entitled to a refund of the necessary shipping costs.

8.14 If, upon inspection of the Product, we determine that the returned Product is not damaged or defective, or that the damage or defect is not covered by the Warranty, the cost of returning the Product to you will be payable in advance before we return the Product to you.

9 Consumer dispute resolution

9.1 In case of any disputes arising in connection with these Terms and Conditions and/or the Contract, you have the right to seek out-of-court settlement through the Czech Trade Inspection with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, URL: https://adr.coi.cz/cs. You can also use the EU platform for out-of-court settlement of disputes at https://ec.europa.eu/consumers/odr/main/.

10 Applicable law and jurisdiction

10.1 You agree that the laws of the Czech Republic, without regard to conflicts of laws principles, will govern the Contract and these Terms and Conditions and any dispute of any nature whatsoever that may arise between you and us. This choice of law clause does not deprive the consumer entering into the Contract of his rights under the mandatory provisions of the law of his country of habitual residence, if that law would otherwise be applicable pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

10.2 Any disputes arising in any way out of these Terms and Conditions and/or the Contract or the Products you purchase through the Goodcam Online Store shall be finally settled by the courts of the Czech Republic, in particular by the District Court for Prague 3 or by the Municipal Court in Prague (in the event that a regional-level Court decides as a court of first instance pursuant to relevant procedural laws). If you have violated or threatened to violate our intellectual property rights in any way, we may seek injunctive or other appropriate relief in any court of our choice. You agree to submit to the exclusive jurisdiction and venue of such courts.

11 Personal data

11.1     Any collection, storage, and handling of your personal data collected by us in connection with the purchase and sale of the Products, in particular personal data specified when placing your order in Goodcam Online Store, shall be governed by a separate set of terms on handling the personal data of buyers and other Website users (Privacy Policy), which shall be published on the Goodcam Website.

12 Final provisions

12.1 The provisions of these Terms and Conditions, together with the Product terms of use available on the Goodcam Website, form an integral part of the Contract concluded between you and Goodcam. In the event any conflict of between the provisions of these Terms and Conditions and provisions of the Contract, the provisions of the Contract shall prevail.

12.2 In the case of any notice given hereunder, you shall contact us via the following email address: support@goodcam.io. Any email notices given hereunder shall be deemed to have been delivered to us at the time we confirm their delivery.

12.3 If any provision of the Contract or these Terms and Conditions is or becomes invalid or unenforceable, the validity or enforceability of the other provisions shall not be affected, unless it is implied that the invalid or unenforceable provision is inseparable from the other provisions.

12.4 We shall not be obliged to perform our obligations under these Terms and Conditions if we are temporarily or permanently prevented from doing so by force majeure, i.e. an event or circumstance that is extraordinary, unforeseeable and unpreventable by ordinary means and reasonable care, and that has occurred independently of our will; such event includes, but is not limited to, a serious hacker attack or power failure.

Last updated: 3.6.2024