Terms and Conditions
1. Preliminary Provisions
- The Devikit.co.uk online store, available at devikit.co.uk, is operated by Devikit LLC with its registered office in Sheridan, USA (30 N Gould St, STE R, Sheridan, WY 82801, USA), EIN: 30-1484571.
2. Definitions
- Consumer – an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft, or profession.
- Seller – Devikit LLC.
- Customer – any entity making purchases through the Store.
- Entrepreneur (hereinafter: "Business Customer") – a natural person, legal entity, or an organizational unit conducting business or professional activity in their own name.
- Store – the online store operated by the Seller at https://devikit.co.uk/
- Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract, e.g., a contract for the sale of Goods, a contract for the provision of digital services (if applicable), a contract for the supply of digital content (if applicable).
- Goods – movable property/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Digital content – data produced and supplied in digital form not supplied on a tangible medium.
- Digital service – a service allowing the consumer to:
1) produce, process, store, or access data in digital form,
2) share data in digital form that has been uploaded or produced by the consumer or other users of that service,
3) other forms of interaction using data in digital form. - Terms and Conditions – these Terms and Conditions of the Store.
- Order – a declaration of intent by the Customer made using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account – a customer account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
- Registration form – a form available in the Store, enabling the creation of an Account.
- Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – a software element of the Store in which the Products selected by the Customer for purchase are visible, and where it is possible to establish and modify Order data, in particular the quantity of products.
- Sales Agreement – a contract for the sale of a Product concluded or being concluded between the Customer and the Seller through the online Store. The Sales Agreement also means – depending on the characteristics of the Product – a service contract and a contract for work.
3. Contact with the Store
- Seller's address: 30 N Gould St, STE R, Sheridan, WY 82801, USA.
- Seller's email address: hi@devikit.co.uk
- The Customer may communicate with the Seller using the addresses provided in this section.
4. Technical Requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
- an end device with Internet access and a web browser such as:
Chrome
Firefox
Microsoft Edge
Safari
Opera - an active email account,
- cookies enabled.
5. General Information
- The Seller, to the fullest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions.
- Prices in the Store are stated in British Pounds (GBP). For Business Customers (B2B), these are net prices (exclusive of VAT, which must be self-accounted for by the buyer under the Reverse Charge mechanism).
- The Store sells digital products, including software, extensions (e.g., plugins), online services, and subscription access (hereinafter: "Products").
- Products may be subject to an open-source license (e.g., GNU GPL v3) or another appropriate license indicated in the Product description. The Customer gains access to the Product after paying for the order and – depending on the nature of the Product – receives it in the form of a downloadable file, API key, activation code, or by being granted access to an online service.
- Selected Products are available on a subscription basis – for one project/instance or multiples thereof – and are subject to automatic renewals in annual cycles (or another period specified in the offer). The subscription includes updates and technical support for the entire duration of its validity.
- The subscription is valid for the period selected during purchase, counted from the date of purchase, and may be extended for another billing period. The Customer may extend an active subscription at any time before it expires – while retaining the purchase price. If the subscription expires, it cannot be reactivated – a new license/subscription must be purchased.
- In the case of automatic subscription via Stripe recurring payment, fees will be charged automatically at each subscription renewal. The Customer may cancel automatic payments at any time through the user panel ("Subscriptions" tab).
- Access to the Product (e.g., software, service, or integration) may involve receiving an API key, activation code, or another method of authorization. Details regarding activation and license terms are provided in the description of the given Product.
- An active subscription entitles the Customer to receive Product updates and use technical support during its validity period. After it expires, the Customer retains the right to use previously downloaded versions of the Product covered by an open-source license (e.g., GNU General Public License v3), in accordance with its terms.
- Certain Product functionalities, access to updates, and technical support require an active license key (subscription). In the event of subscription expiration or non-payment, the Seller reserves the right to block access to these functionalities, to which the Client agrees. This restriction does not affect the Client's rights under the GNU GPL license regarding the source code itself.
6. Creating an Account in the Store
- To create an Account in the Store, you must complete the Registration form. It is necessary to provide the following data: email, password.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by entering the login and password established in the registration form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
7. Rules for Placing an Order
To place an Order, you must:
- Enter the Store;
- Select the Product that is the subject of the Order, then click the "Add to cart" button;
- Log in;
- Complete the order form by entering the Order recipient's details,
- Click the "Order and pay" button,
- Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 9 point 3,
8. Offered payment methods
- The Customer may use the following payment methods:
1) Payment by payment card. The payment card operator is Stripe.
9. Performance of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order using the order form in the online Store in accordance with § 7 of the Terms and Conditions.
- After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is done by the Seller sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller's declarations of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, the Sales Agreement is concluded between the Customer and the Seller.
- If the Customer selects:
1) payment by payment card, the Customer is obliged to make payment immediately upon placing the order – otherwise the order will be canceled. - The Store reserves the right to withdraw from the transaction for reasons beyond its control.
- Confirmation of the transaction is a confirmation email.
10. Right of Withdrawal from the Agreement
- The Customer may withdraw from the Sales Agreement within 30 days without giving any reason.
- The Customer have the right to cancel a renewed subscription and receive a full refund if you notify us within 14 days of the renewal date.
- The period specified in paragraph 1 begins from the delivery of the Product to the Consumer.
- The declaration of withdrawal may be sent to the Seller's email address or submitted via the contact form on the Store's website. The Customer may use a standard withdrawal form, but it is not mandatory.
11. Complaints and Warranty
- 1. A complaint regarding a defect in the Goods or non-compliance of the Goods with the concluded distance sales agreement may be submitted:
1) via the Electronic complaint form
2) By email to hi@devikit.co.uk. - The complaint should specify the defect that the Consumer believes the Goods have, the demands toward the Seller, and if possible – document the said defect. The Seller is obliged to respond to the complaint within 14 days of receiving it. If the Seller does not respond within the above period, the complaint is considered accepted. The Seller sends the response to the complaint to the Consumer via email.
- Detailed provisions regarding complaints for digital content or services are governed by the applicable consumer protection laws of the jurisdiction where the Consumer has their habitual residence, subject to the choice of law in Section 15.
12. Dispute Resolution
- In the event of a dispute, the Parties shall first attempt to reach an amicable settlement. Consumers in the EU may also use the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/
13. Personal Data in the Online Store
- The administrator of Customers' personal data collected through the online Store is the Seller.
- Customers' personal data collected by the administrator through the online Store are collected for the purpose of performing the Sales Agreement, and if the Customer consents – also for marketing purposes.
- Recipients of personal data of Customers of the online Store may be:
1) In the case of a Customer who uses electronic payment or payment card methods in the online Store, the Administrator shares the collected personal data of the Customer with the selected entity handling the above payments in the online Store. - The Customer has the right to access the content of their data and to correct it.
- Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude that agreement.
14. Liability
- The Seller provides the Product on an "as is" basis. The Seller makes no warranties, whether express or implied, regarding the Product's fitness for a particular purpose or its error-free operation.
- The Seller shall not be held liable for any damages (whether direct or indirect), including but not limited to loss of data, website infection (malware), service downtime, or loss of profits or savings, arising from the use or the inability to use the Product.
- To the maximum extent permitted by applicable law, the Seller's statutory liability for defects (implied warranties) is entirely excluded for Business Customers.
- The Seller's total liability to the Client for any reason whatsoever is limited to the amount actually paid by the Client for the given Product during the last billing period.
15. Final Provisions
- Agreements concluded through the online Store are concluded in English.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.
- In matters not regulated in these Terms and Conditions, the laws of the State of Wyoming, USA, shall apply. However, for Consumers, this choice of law does not deprive them of the protection afforded by provisions that cannot be derogated from by agreement under the law of their country of residence.
- The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.