General Terms and Conditions

Last modified: February 05, 2025

1. Applicability of these General Terms and Conditions

1. The following General Terms and Conditions shall apply exclusively to all present and future deliveries and other services that Thinstuff s.r.o., Bajkalská 5/C, 831 04 Bratislava, Slovakia ("Thinstuff") provides to its customers in connection with its online shop on the thinstuff.com domain (together, the "Service"). These General Terms and Conditions shall apply to all of Thinstuff’s customers (each, the "Counterparty").

2. The Counterparty’s general terms and conditions, if any, shall not apply. Contracts with Thinstuff may be concluded in German and English.

3. For the purposes of these General Terms and Conditions, the term "Consumer" shall have the meaning set forth in Article 2 lit. a) of the Slovak Act No. 250/2007 Coll. on Consumer Protection and amending the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended.

2. Conclusion of contracts

1. Thinstuff’s offer of goods and services in its online shop at thinstuff.com constitutes a non-binding invitation by Thinstuff to the Counterparty to make binding offers to purchase such goods and services. The Counterparty may make such binding offers by placing orders in the online shop. A contract between the Counterparty and Thinstuff is only concluded when Thinstuff accepts such an offer with a separate confirmation, by granting access rights or by providing a download.

2. Invoices are payable without deduction within the periods noted on the invoices. In the event of culpable delay in payment, default interest is due at 12% per year. Thinstuff shall be entitled to assert claims for any necessary costs of out-of-court debt collection or enforcement measures (provided they are reasonable when compared with the claim being pursued) and any other damages which it incurs and that have been caused by the Counterparty. The Counterparty agrees to receive invoices in electronic form.

3. Prices stated on the website do not include statutory tax. The total costs of a contract, including statutory tax, will be shown in the online shop before the contract declaration is submitted.

4. The Counterparty is not entitled to set off any claims that it may have against Thinstuff, unless such claims have been legally established by a court.

3. Rights of use

1. Thinstuff grants the Counterparty a non-exclusive right to use the software for the purposes described in the relevant licence agreement. The licence agreement will be presented again before the purchase process concludes. Thinstuff also reserves all exploitation rights to the software which it has provided.

4. Warranty and liability

1. If the device on which the Counterparty uses the software suffers impairment or harm to its hardware or software, or the data stored on such device is impaired, damaged or totally or partially deleted, due to or in connection with the Counterparty downloading the software or using it, Thinstuff shall only be liable for such damage if it was guilty of wilful default or gross negligence and if the damage was directly or indirectly caused by the software and its permissible use by the Counterparty. This disclaimer of liability shall not apply to any personal injury.

2. Thinstuff disclaims liability for any loss of profit and consequential damages resulting from the events listed in the previous sub-clause, to the extent permitted by law.

3. The warranty period is six months and begins with the conclusion of the contract.

4. If Thinstuff offers demo software or beta software, these are for preview and evaluation purposes only. Demo software is for testing purposes only. Beta software is in a testing state and may contain significant defects. Thinstuff disclaims liability for damage (other than personal injury) caused by software marked as demo software or beta software. This disclaimer of liability also applies to any loss of data. Thinstuff disclaims any warranty for demo software or beta software.

5. Right of cancellation

1. If you are a Consumer, you are entitled to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the contract was concluded. If you wish to exercise your right of cancellation, you must inform Thinstuff of your decision to cancel the contract by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail). In order to comply with the cancellation period, you need only send a notice exercising your right of cancellation before expiry of the cancellation period. You can use the template set out below for your cancellation, but it is not mandatory.

2. Consequences of cancellation

   1. If you cancel a contract, we shall repay to you all payments which we have received from you in connection with the contract without delay and no later than fourteen days from the date on which we received notice of your cancellation of the contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for this refund.

   2. If you have asked us to commence the services during the cancellation period, you shall pay us a reasonable amount reflecting the proportion of the services we have already provided up to the time you notify us of your cancellation of the contract compared with all of the services due under the contract.

3. Exclusion of the right of cancellation

   1. You shall have no right of cancellation if we perform the services in full after you have expressly asked us to commence performing the services before the cancellation period has expired and have confirmed that you know that you will lose your right of cancellation if we perform the services in full.

6. Sample cancellation form

If you would like to cancel a contract, please fill out this form and return it to us.

Thinstuff s.r.o.
Bajkalská 5/C
831 04 Bratislava
Slovakia

Email: office@thinstuff.com

I/We (*) hereby give notice of cancellation of my/our (*) contract to buy the
following goods (*)/ service (*):

_______________________________________________________________________________

_______________________________________________________________________________

Ordered on (*)  ______________________ Received on (*) ________________________

Name of consumer(s): __________________________________________________________

Address of consumer(s):________________________________________________________

_________   ___________________________________________________________________
Date        Signature of consumer(s) (only if notifying on paper)

(*) Delete inapplicable text

7. Confidentiality and data protection

1. The Counterparty may access full information on data protection at thinstuff.com/en/privacy

8. Final clauses

1. Slovak law shall exclusively apply to all legal disputes arising from these General Terms and Conditions. Application of the UN Convention on Contracts for the International Sale of Goods and Regulation (EC) No. 593/2008 of the European Parliament and the Council of 17 June 2008 regarding the law applicable to contractual obligations (Rome I) is excluded.

2. The agreed place of performance is Thinstuff’s registered office.

3. The exclusive place of jurisdiction for legal disputes arising from or in connection with these General Terms and Conditions shall be the competent court in Slovakia.

4. If the Counterparty is a Consumer, the place of jurisdiction in the case of an action against him or her may only be their domicile, place of residence, or place of employment.

5. Amendments and/or supplements to these General Terms and Conditions or any contract under them must be made in writing in order to be effective; and written form is also necessary for any waiver of this formal requirement.

6. If any provisions of these General Terms and Conditions or any contract under them are or become null and void, unenforceable and/or invalid, this shall not result in the nullity, unenforceability and/or invalidity of the entire General Terms and Conditions or the entire contract. The parties undertake in such a case to replace the null and void, unenforceable and/or invalid provisions with provisions that come as close as possible to the economic purpose of the null and void, unenforceable and/or invalid provisions.