Terms and Conditions of Purchase for WKL Software

Version: 1.0 — draft for legal review
Effective date: upon publication on wvds.it

The sole seller of all products purchased through the wvds.it online store is:

EMSR DATA, razvoj programskih rešitev za proizvodnjo, d.o.o.
Trg komandanta Staneta 8, 1000 Ljubljana, Slovenia
Company registration number: 8424403000
VAT identification number: SI22714090
Contact for orders, purchase support, complaints and withdrawals: shop@wvds.it

These Terms and Conditions of Purchase (“Purchase Terms”) apply to present and future paid WKL software products sold by EMSR DATA through wvds.it, including related licenses and optional software maintenance. They do not cover consulting, bespoke software development, individual integrations, on-site installation, managed services or services supplied by other companies. Free and open-source products are governed by their respective licenses and do not become paid products under these Purchase Terms.

“Customer” means an individual or entity placing an order. “Consumer” means a natural person purchasing outside their trade, business, craft or profession. Consumers are also covered by our Commitment to Consumers in the EU. Where this Commitment or mandatory consumer law provides stronger protection, it prevails over these Purchase Terms and the relevant product license.

Before ordering, Customers are informed of each product's main functionality, system requirements, compatibility and interoperability, applicable technical protection measures, license scope, price, included maintenance and material limitations. Further details may appear in the product documentation and the relevant end-user license agreement (“EULA”).

These Purchase Terms govern the purchase and delivery of software. Product-specific rights — such as the permitted number of users, devices, installations or servers, redistribution of components and transfer of licenses — are governed by the applicable product license made available before the order is placed. The license must not override mandatory consumer rights.

Customers may order through the online checkout where available. Business Customers may also request a written quotation or pro forma invoice and, by agreement, pay by bank transfer. Before submitting an order, Customers can review and correct product selection, quantities or license scope, billing information and payment details.

The final checkout action clearly indicates that placing the order entails an obligation to pay. By submitting an order, the Customer makes an offer to buy. The contract is formed when EMSR DATA accepts that order and sends acceptance on a durable medium, usually by email. A purely technical acknowledgement of receipt does not itself constitute acceptance where it is clearly identified as such. If EMSR DATA cannot accept an order, the Customer will be informed and any payment already received will be refunded.

Where purchase is based on a quotation or pro forma invoice, the expressly agreed product scope, price and payment deadline also apply. Departures from these Purchase Terms require EMSR DATA's express written agreement, without prejudice to mandatory consumer rights.

Price, currency, tax treatment and any mandatory additional charges are disclosed before a binding order is placed. Consumers see the total price including all applicable taxes before payment. Business prices may be displayed excluding VAT if clearly labeled, with tax applied according to applicable rules.

Payment by credit or debit card through the payment provider identified at checkout is preferred. Business Customers may, by agreement, pay by bank transfer against a quotation or pro forma invoice. Payment is considered confirmed once confirmed by the payment provider or once the bank transfer has been received. A suitable receipt or invoice is provided for a paid order.

No recurring charges are applied without the Customer's express selection. Payment data is processed in accordance with the information supplied by the relevant payment service provider and the current privacy notice.

Products are delivered electronically only, without a physical medium. Access to download the purchased software and the information needed for use is provided immediately following confirmation of successful payment; for bank transfers, following confirmation that the funds have been received. Contract confirmation and delivery details are also sent to the Customer's email address or made available through the designated customer facility, where applicable.

Customers must provide a valid email address and check the published system requirements. If delivery or provision of the license fails, please contact shop@wvds.it. Statutory rights relating to failure to supply or lack of conformity remain unaffected.

A purchase grants the Customer a perpetual right to use the licensed product version, within the scope of the applicable product license. A perpetual license does not transfer intellectual property rights or include an entitlement to every future major version or unlimited support.

The initial purchase includes 12 months of updates and ordinary product support, measured from electronic delivery, unless a more favorable period is expressly agreed. During that period, the Customer receives updates released for the purchased product and covered by the license. No particular frequency of releases or number of new features is promised.

After the initial 12 months, the perpetual license remains valid, including the updates the Customer became entitled to during that period. Further contractual updates and support may be purchased through optional annual maintenance, if offered for the product. Maintenance does not renew automatically unless the Customer expressly selects that option. Where automatic renewal is expressly selected, its price, period, charge mechanism and cancellation process are disclosed before purchase. Renewal can be canceled before the next period in accordance with those disclosed terms.

Expiry of contractual maintenance or support does not affect mandatory statutory conformity rights or the duty to provide updates, including security updates, required by applicable law.

Ordinary product support is provided by email at shop@wvds.it. It covers questions about installation, activation and documented use, and reporting product defects. It does not include custom development, tailored modifications, integration into the Customer's specific systems, infrastructure management, site visits or project services. Such services are outside the scope of this online store.

No guaranteed response time or service level agreement (SLA) is included unless expressly agreed otherwise. This does not restrict statutory deadlines or remedies available to Consumers in the case of non-conformity.

Consumers entering into a distance contract generally have 14 days from conclusion of the contract to withdraw without giving a reason. For digital content supplied without a tangible medium, that right is lost only when all statutory conditions are satisfied: before supply starts, the Consumer expressly consents to supply beginning during the withdrawal period, acknowledges that doing so will result in loss of the withdrawal right, receives the required confirmation on a durable medium, and supply actually begins.

An immediate download, general acceptance of terms or a pre-ticked box does not replace the required consent and acknowledgement. Where the conditions for the exception are not met, the statutory withdrawal right remains. Consumers may withdraw by an unambiguous statement to shop@wvds.it, using the model form below, or using the online withdrawal function where the right is available and the function is provided. We acknowledge online withdrawal on a durable medium as required by law.

Where withdrawal is valid, payments received will be refunded without undue delay and no later than 14 days after receipt of the withdrawal notice, generally via the original payment method and without charges to the Consumer, except as permitted by law. After valid withdrawal, the Customer must cease use of the software to the extent required by law.

EMSR DATA offers no additional voluntary refund scheme or satisfaction guarantee. Statutory refunds and other remedies, including those relating to failure to supply or lack of conformity, remain fully available.

Mandatory requirements governing the conformity of digital content apply to Consumers. For digital content supplied once, EMSR DATA is responsible under applicable Slovenian law for lack of conformity existing at delivery that becomes apparent within two years of delivery. Other statutory rules apply where digital content is supplied continuously or under a different delivery model. Consumers are entitled to the statutory remedies of bringing the content into conformity free of charge and, where the legal requirements are met, a proportionate price reduction or termination of the contract.

Updates necessary to maintain conformity, including security updates, will be supplied for as long as required by applicable law. We will inform Consumers of their availability and relevant consequences of failing to install them, as required by law. The contractual 12-month support period does not shorten those statutory obligations.

Business Customers have the rights set out in the contract and mandatory applicable law. Liability or remedies that cannot legally be excluded remain unaffected.

The software, documentation and associated intellectual property rights remain with their respective lawful owners. The Customer acquires a contractual right to use the software, not ownership of the source code or intellectual property. Permitted installations, use on devices or servers, license transfers and possible redistribution of components are governed by the product-specific license made available before the order.

Nothing in these Purchase Terms restricts rights that mandatory law protects, including rights concerning interoperability, necessary backup copies or other legally permitted acts.

EMSR DATA is liable for breach of its obligations in accordance with the contract and applicable law. To the extent legally permitted, EMSR DATA is not responsible for problems caused by unsupported environments, unauthorized modifications or use contrary to documented requirements and instructions.

Nothing here excludes or limits liability for intentional misconduct, gross negligence, harm for which liability cannot legally be excluded, or mandatory Consumer rights.

Order, Customer, billing, payment, license delivery and support information is processed to perform the contract, meet legal duties and for other lawful purposes described in the current privacy notice. Before sales go live, that notice must be updated to describe relevant payment, invoicing and license-fulfilment recipients and processing. Consent to marketing is not a condition of purchase.

Complaints, conformity claims and purchase queries can be sent to shop@wvds.it and will be handled in accordance with applicable law.

EMSR DATA does not voluntarily recognize any alternative consumer dispute resolution (ADR) body as competent, except where participation in a specific procedure is legally mandatory. This does not limit the Consumer's right to go to court or pursue other legally available remedies. Where a Consumer complaint is rejected, we provide any additional information required by applicable law.

The former EU Online Dispute Resolution (ODR) platform closed on 20 July 2025 and is not presented as an available complaint channel.

These Purchase Terms are governed by Slovenian law. Consumers habitually resident in another country do not lose the protection of mandatory laws applicable to them under relevant private international law. Court jurisdiction is determined by applicable rules, including consumer jurisdiction rules.

Changes to these Purchase Terms apply to future orders from their publication. They do not alter already concluded contracts without a valid legal basis or agreement. If a provision is invalid, the remaining provisions continue to apply to the extent legally possible.

Complete and send this form only if you wish to withdraw from the contract and a withdrawal right applies.

To: EMSR DATA d.o.o., Trg komandanta Staneta 8, 1000 Ljubljana, Slovenia; shop@wvds.it

I hereby give notice that I withdraw from my contract for the following digital software: __________

Order / contract date: __________

Order number, if known: __________

Consumer's name: __________

Consumer's address: __________

Email address for confirmation: __________

Date: __________

Signature (only if submitted on paper): __________