Terms and conditions

Who we are and when these terms apply

These terms are issued by OCS International, the business behind OpenCart Specialist.

info@opencartspecialist.com
+48 510 462 044

They apply to our quotes and contracts for OpenCart services, development, design, integrations, support, hosting and digital products, insofar as we have made these terms available before or when the contract is concluded.

A specific written provision in a quote or contract takes precedence over this general text. Mandatory legal rights always continue to apply. If you buy as a consumer, outside your business or profession, these terms do not restrict your statutory consumer rights.

Quotes, prices and your project

A quote describes the work, price and any proposed schedule. Unless the quote states otherwise, it is valid for one month. We confirm agreements in writing, for example by email. Keep the quote, project confirmation and accompanying terms.

For an online order, you see the products, payment currency and total price before completing your purchase. Payment status is one factor in determining when an order can be released. Requesting a quote does not oblige you to buy.

We state whether prices include or exclude VAT. Any mandatory taxes and charges must be clear before your purchase. Consumer sales use a total price including applicable taxes and mandatory charges. Tax treatment may depend on your country of establishment and business status.

A rate or offer for one project does not automatically apply to the next.

What your project includes

The product description, quote and written project confirmation determine what we deliver. This may include agreed functionality, pages, integrations, required licences, testing, delivery and any maintenance or support.

• Additional work: we discuss additions or changes outside the agreed scope in advance, including the effect on price and timing. We carry out chargeable additional work after you agree to it.
• Information and access: you provide the necessary content, accurate information and authorised access on time. You ensure you have the right to use the materials you supply.
• Backups and launch: we agree who makes backups, what is tested and who approves a launch. Do not assume that a backup or restoration is included in every project without an agreement.
• Dependencies: tell us promptly about changes to your store, extensions, hosting or external systems if they could affect our work.

Work, timing and delivery

We carry out the agreed work with due care. An indicative schedule may change because of missing access, additional requirements or dependencies on third parties. We discuss a material change and its consequences with you. An expressly agreed fixed deadline remains a separate commitment.

At delivery, you have the opportunity to check the work against the agreed requirements. Describe any problem as clearly as possible, including the steps needed to reproduce it. Whether and how a shortcoming is remedied is assessed under the contract and applicable law.

We do not give a general guarantee of revenue, conversion rates, search rankings, faultless operation of all third-party software or permanent availability of external services. This does not remove our responsibility for our own agreed work.

Digital products and compatibility

For a downloadable product, available files appear in your account once the order has been released for that purpose. A service, audit, upgrade or installation is delivered under the relevant agreement and is not automatically an immediately downloadable product.

Before buying, check the specific product's compatibility information, including OpenCart and PHP versions and any requirements for Journal, other extensions or external services. A general statement on the website does not confirm that every combination of versions and customisations will work. If you are unsure, send us your versions and relevant extensions first.

Installation, migration, adjustments for custom code and guidance are only included if stated for the product or agreed in the project. Report incorrect or missing files so we can investigate.

Licences, design and source code

Software, designs, text and other materials may be protected by intellectual property rights. Your rights of use follow from the product licence and our written agreements. These may specify the permitted number of installations or domains and the conditions for updates.

Rights to custom code or a design are only transferred if we expressly agree this in writing. Open-source software and third-party components remain subject to their own licences. These terms do not restrict rights you hold under such a licence.

Do not sell, distribute or reuse protected materials beyond your permitted rights. Ask before buying or commissioning work if you need to use it on several stores or in a multistore setup.

Payments and invoices

For online orders, choose from the payment methods available at checkout. Payments are processed through the payment provider offered. Follow the payment instructions. If a payment fails or is interrupted, you can return to checkout.

Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. A deposit, advance payment or payment by project phase only applies if stated or agreed for your order or project.

Late payment is subject to the applicable rules on reminders, default, interest and any collection costs. For consumers, collection costs are only charged once the statutory requirements have been met, including a free payment demand where required.

If you believe an invoice is incorrect, contact us promptly with the invoice number and an explanation so we can assess the disputed item.

Support, updates and hosting

The product information or contract determines which support, updates, installation assistance or maintenance are included and for how long. A purchase does not automatically include unlimited support, future upgrades or free custom work.

For hosting or ongoing services, we separately agree the package, duration, charges, any renewal and cancellation arrangements. The same applies to availability commitments, monitoring, backups, restoration and response times. A specific service guarantee only exists if expressly agreed.

A request outside the agreed package may be a new project or additional work. Statutory rights concerning a defective product or improperly performed contract remain in place.

Changing or stopping a project

If you want to change or stop a project, email us as soon as possible. We discuss the work completed, what can still be stopped and the effect on timing and costs.

For business projects, the contract and applicable law determine the outcome. Work already performed and demonstrable, reasonably incurred commitments may qualify for compensation. This depends on the project and when it is ended.

Consumers also have the statutory withdrawal period where it applies. A defect or other failure to perform can give rise to separate legal rights, independently of an ordinary cancellation.

Withdrawal rights for consumers

If you enter into an online contract as a consumer for a service or digital content, you normally have a 14-day withdrawal period from the conclusion of the contract. Business purchases do not automatically have this statutory withdrawal period.

A download is not automatically excluded

For digital content not supplied on a physical medium, the withdrawal right can only be lost if you expressly consent in advance to delivery during the withdrawal period, acknowledge that this means losing your withdrawal right, and receive the legally required confirmation. If any of these requirements is missing, downloading the content or accepting general terms alone does not remove your withdrawal right.

Starting a service during the withdrawal period

If we start during the withdrawal period at your express request, a proportionate amount for work already performed may only be payable upon withdrawal if the legal information and consent requirements have been met. The withdrawal right is only lost for a fully performed service if all applicable statutory conditions have been satisfied.

How to tell us you wish to withdraw

Before the withdrawal period ends, send an unambiguous statement to info@opencartspecialist.com or to our address above. Include your name, the order or project and its date. You can use the model form below, but it is not compulsory. Following a valid withdrawal, we refund you under the applicable statutory rules, normally within 14 days of your notice.

Confidentiality and personal data

We handle confidential information shared for a project with care. Only share access credentials through an agreed channel and limit access to what is necessary. Make separate arrangements if a project needs particular confidentiality protections.

Our privacy notice explains how we process information for our own website and customer relationships. If we process personal data on your behalf for a project, we document the required arrangements in a data processing agreement.

We agree with you before featuring your name, logo or project in our portfolio. These terms do not give unrestricted permission to publish confidential project information.

Problems, loss and force majeure

If something goes wrong, we first discuss what happened and what solution is appropriate. Liability, remedies, compensation and any termination are assessed under the contract and applicable law.

Errors in supplied materials, changes by others, missing access or an external service outage may be relevant to the cause and attribution of a problem. They do not automatically provide a general exemption from all responsibility.

A separately agreed limitation of liability only applies insofar as permitted by law. These terms do not exclude mandatory rights, liability that cannot lawfully be excluded or protection against unfair terms.

If force majeure prevents a party from performing, the applicable statutory rules apply. We inform you about a relevant impediment and discuss its consequences for the project. Your rights concerning delay are not subject to an unrestricted exclusion.

Questions, complaints and disputes

If you are unhappy, email info@opencartspecialist.com with your order or project number, a clear explanation and your preferred solution. We review your message and discuss the next steps.

A contract is governed by the applicable legal rules and any valid choice of law. A choice of law must not deprive consumers of mandatory protection provided by law. The competent court is also determined by the applicable rules. These terms do not impose an exclusive foreign court on consumers.

A new version of these terms applies to new contracts after it has been made available appropriately. An existing contract does not change merely because we update this page.