Terms and Conditions

ms-licenses.com - Terms and conditions

Effective Date: April 1, 2024

§ 1 INTRODUCTION

The Terms and Conditions (referred to as “ToS”) outline the principles and terms governing the use of the online shop available at www.ms-licenses.com, operated by IT Partners EU OÜ. This includes placing orders, concluding sales contracts via remote communication, and utilizing all online shop services. For any sales-related inquiries, you can contact the seller by calling +372-712-0346 or emailing sales@ms-licenses.com.

§ 2 GLOSSARY

Here are the key terms used in the ToS:

Service Provider or Seller: IT Partners EU OÜ
Client: Refers to consumers or businesses placing orders or using other online shop services (also known as "Purchasers").
Business: Includes physical persons, legal entities, or organizational units conducting transactions directly related to their business or profession.
Individual Entrepreneur: An individual entering contracts related to their business activity, where the contract's content doesn't have a professional character. Consumer rights also apply to individual entrepreneurs under these ToS.
Client's Account (Account): The shop's subpage allowing clients to manage personal data, receive order status notifications, and control their placed orders.
ToS: These terms govern sales via remote communication and electronic services, as defined in Article 8 of the Act on Provision of Electronic Services.
Registration: A one-time, voluntary, and free process where clients set up their account using the administration panel provided by the service provider on the shop website.
On-Line Shop (www.ms-licenses.com): The internet platform located at https://www.ms-licenses.com, where the service provider offers services defined by the ToS, and clients can place orders.
Party: Refers to IT Partners EU OÜ or the client.
Digital Content: Data produced and supplied in digital form.
Digital Service: A service allowing consumers to create, process, store, or access digital data, or interact with data uploaded or created by themselves or other users.
Sale Agreement: An agreement where IT Partners EU OÜ transfers ownership of goods to the client, who pays the price. It also covers agreements related to transferring the right to use specific software (license sale).
Contract for Digital Content or Digital Service: A contract where the seller transfers or undertakes to transfer the right to use specific digital content or digital services, and the client pays the associated price.
Remote Agreement: An agreement concluded between the seller and the client using remote communication means, without physical presence, up to the agreement’s conclusion.
Services: Includes orders, license orders, quote requests, and other services provided within the online shop.
Order: A client’s declaration offering to conclude a sale agreement with the seller via the online shop. It specifies the type and quantity of goods, digital content, or digital services.
License Order: A client’s offer to conclude an agreement with the seller for a software license via the online shop. It defines the type and quantity of software for which the license is being sold.
Quote Request: A client’s request for a quote submitted via the shop’s form, specifying goods or software and including the client’s contact details.

§ 3 OBLIGATIONS

1. Client Responsibilities:
The client must use the services provided by the service provider in accordance with the law and the terms outlined in the ToS.
Additionally, the client should refrain from supplying content prohibited by current general regulations
2. Seller Obligations:
The seller is committed to delivering goods, digital content, and digital services in alignment with the contract.

§ 4 SHOP USE TERMS

The Service Provider offers the following services through the On-Line Shop:

Presenting the shop’s products and services.
Placing orders.
Placing license orders.
Submitting quote requests.
Setting up and managing a client’s account in the On-Line Shop.

Registration is not mandatory to access services as described in points 1-4 above.
Registration is required to access services as described in point 5 above.
To use the shop, clients need a device with internet access and a compatible browser (recommended versions include Mozilla Firefox ver. 24.0 or newer, Opera ver. 10 or newer, Google Chrome ver. 28.0 or newer, or MS Internet Explorer ver. 8.0 or newer). Other browser versions are acceptable if fully compatible with the listed versions.
For safe use of the On-Line Shop, it is recommended that the client’s device has:

An up-to-date antivirus system.An effective firewall.
An operating system and browser with all available security updates.
Enabled internet browser cookies and JavaScript options.

Software capable of reading PDF files.The Service Provider utilizes cookie files to collect information related to the client’s use of the shop. These cookies serve the following purposes:

Maintaining Client Sessions:

Adapting Shop Services:

Generating Shop Page Visit Statistics:

Remarketing:

§ 5 PLACING ORDERS AND CONCLUDING SALE AGREEMENTS

Order Placement: Clients can place orders via the On-Line Shop 24/7, regardless of whether they completed registration. Telephone orders are also accepted by calling +372-712-0346 (Monday to Friday during working hours) or emailing sales@ms-licenses.com.
Microsoft License Orders: For Microsoft licenses, use the configurator available at ms-licenses.com.
To conclude remote sales agreements for goods or digital content/services:

Visit the shop website.
Select the desired goods, digital content, or services.
Place an order based on displayed messages or information.

Order Acceptance: Clients must read and accept the Terms of Service (ToS) to place effective orders. Placing an order constitutes an offer to conclude a sale agreement with the service provider.
Confirmation and Sale Agreement: Upon order placement (including license orders or quote requests), the seller confirms receipt via email. After considering the request, the seller sends a message confirming order acceptance. Upon receiving this confirmation, a sale agreement is concluded.
Order Execution and Client Rights: If an order cannot be fully executed, the service provider informs the client promptly via email or telephone. In such cases, clients can cancel the unexecutable part or the entire order.
Order Confirmation: Upon reviewing the client’s request, the seller will promptly send a message confirming order acceptance.
Sale Agreement: Once the client receives the confirmation mentioned in paragraph 7, a sale agreement is officially concluded.
Order Execution and Client Rights: If it becomes apparent that an order cannot be fully executed, the service provider will immediately inform the client via email or telephone. In such cases, the client has the right to cancel the unexecutable portion of the order or the entire order.

§ 6 THE CONSUMER'S RIGHT TO WITHDRAW

Services

1. Withdrawal Period:
The consumer has the right to withdraw from the contract within 14 days without providing any reason.
The withdrawal period starts from the contract’s conclusion date.
To meet the deadline, the consumer can send a statement (using the model withdrawal form) to the service provider’s address before the expiry.
2. Reimbursement and Refund:
Upon withdrawal, the service provider must promptly reimburse all payments received from the consumer.
This includes service delivery costs (except additional costs due to non-standard delivery methods chosen by the consumer).
The reimbursement must occur within 14 days from the consumer’s decision to exercise the right of withdrawal.
The refund will use the same payment method as the original transaction, unless the consumer expressly agrees otherwise
3. Exclusions:
The consumer’s right of withdrawal is excluded in specific cases:
Services where the consumer must pay a price, and the service provider has performed the service with the consumer’s express consent.
Contracts where the price or remuneration depends on financial market fluctuations beyond the service provider’s control, occurring before the withdrawal period ends.

Digital content

1. Right to Withdraw:
Consumers have the right to withdraw from the contract within 14 days without providing any reason.
The withdrawal period starts from the contract’s conclusion date.
To meet the deadline, consumers can send an appropriate statement (using the model withdrawal form) to the seller’s address before the expiry.
Upon withdrawal, the contract is considered not to have been concluded, and the consumer is relieved of all obligations
Reimbursement and Refund:
If the consumer withdraws from the contract, the seller must promptly reimburse all payments received, including delivery costs (except additional costs due to non-standard delivery methods chosen by the consumer).
Reimbursement occurs within 14 days from the consumer’s decision to exercise the right of withdrawal.
The refund uses the same payment method as the original transaction, unless the consumer expressly agrees otherwise.
Usage Obligations:
Upon withdrawal from a digital content or digital service contract, the consumer must cease using that content or service and refrain from making it available to third parties.
Exclusions:
The right of withdrawal does not apply to contracts for digital content not supplied on a tangible medium if the seller has already commenced performance with the consumer’s express agreement.
Consumers are informed in advance that performance will result in the loss of their right to withdraw.

§ 7 TERMINATION OF SERVICE AGREEMENT

1. Client’s Right to Terminate:
The client has the right to terminate a service agreement without specifying reasons.
Termination can be done via email or in writing to the seller’s address.
2. Non-Consumer Termination:
For service buyers who are not consumers:
The service provider can terminate the agreement immediately and without specifying reasons by sending a declaration to the service buyer.

§ 8 RESOLUTION OF DISPUTES

1. Consumer Disputes:
Disputes between the service provider and a consumer shall be resolved by courts with jurisdiction according to relevant provisions of the Civil Procedure Code.
2. Non-Consumer Disputes:
Disputes between the service provider and a non-consumer shall be resolved by a court having jurisdiction over the service provider’s registered address.

§ 9 PERSONAL DETAILS

Clients’ personal information will be processed by the service provider in accordance with the principles outlined in the Privacy Policy.

§ 10 FINAL PROVISIONS

1. Consumer Negotiation Rights:
Consumers have the right to negotiate the provisions of these Terms of Service (ToS).
To do so, consumers can contact the service provider via conventional post, email, or telephone.
2. Applicable Regulations:
Matters not explicitly regulated in these terms are subject to existing regulations.
The applicable legal framework governs such matters.
3. Access to ToS:
Clients can access the ToS free of charge via an internet link on the shop’s homepage and make printouts if needed.
4. Exclusive Rights and Legal Protection:
Exclusive rights to content within the online shop, including copyrights to photographs, goods descriptions, categories, shop name, service provider’s trademarks, and graphical elements, are legally protected.
Copying or using any shop elements without the service provider’s consent is prohibited.
5. Effective Date:
These regulations come into force on April 1, 2024

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