Dreamtheme terms and conditions of use

Important Information
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

License

Our website grants you three possible types of license to use the web templates and other products (the "products") sold through our website by independent content providers in accordance with these Terms and Conditions (the "license") issued by our company, as follows:

Single Domain usage License

You may be granted a Single Domain Usage License in case of purchasing a website template at Price. It enables you to use each individual product on a single website only (one domain with one installation, does NOT include functions like "Multishop" and other similar), belonging to either you or your client. You have to purchase the same template again if you to use the same design in connection with another or other projects;

 

Extended License

You have all the rights as the Single domain license, with the exception that you can use the product up to five domains or five times with functions like "multishop" and other similar.


Images, Cliparts and Fonts

All imagery, clipart, fonts and video footage used in our products are royalty-free (unless stated otherwise) and are the integral part of our products. All Licenses give you the right to use images, clipart, fonts and video footage only as a part of the website you build using your template. You can use imagery, clipart, fonts and video footage to develop one project only, unless stated otherwise. Any kind of separate usage or distribution is strictly prohibited. All images and illustrations used in templates come in a single layer, as is. 
Some of the templates that are animated with the Flash technology may contain effects created with the following software packages: Adobe AfterEffects, Adobe PhotoShop, 3DMax. To clarify whether or not effects like these are present in certain template please address our Support Team for further consulting.
Please be informed that for editing these effects you will need proper software and skills. The alternate variant is to hire someone to do it for you.

Some images like slideshow template images and other similar images are only for sample, while they are generally free images, they may not be used on your website without their owner's approval.


Modifications

You are authorized to make necessary modification(s) to our products to fit your purposes in accordance with the type of license you acquire.

Unauthorized use

If you have not received the Buyout License, you shall not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from our company.

Assignability

You shall not sub-license, assign, or transfer the any mentioned above to any entity without prior written consent from our company.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

 

Preamble

These terms and conditions of use (hereafter, “TCUs”) outline all the provisions applicable to the products and services offered on the website dreamtheme.eu (hereafter, the “Website”).


The TCUs are accessible online on the Website. The customer confirms that it has read and accepted them, the purchase of products and the use of services offered by the company Alyseus LTD implying the customer’s express and unreserved acceptance of and adherence to these TCUs as well as, where appropriate, existing contractual documents supplementing or amending the said TCUs.


Definitions

Customer: natural or legal person having full legal capacity at the time of the purchase of the Product or the use of the Services offered by Alyseus LTD and/or natural person(s) using these same Products and Services under the responsibility of the customer.
Contract: these TCUs as well as all the contractual documents supplementing and/or amending them (specific terms and conditions of sale, order form, etc).
Services: refers individually or collectively to services such as in particular, but not exclusively, the installation of modules, support, product certification, audits and advice.
Physical product: any type of tangible goods which may be offered to the Customer by the Company in the framework of its activity.
Virtual product: any type of intangible goods which may be offered to the Customer by the Company or its Partners, notably but not limited to, a module, graphic theme, video, logo, document template, electronic book, etc.
Partner: natural or legal person offering Products through the Company.
Customer Services: all the services offering technical or commercial assistance or dealing with claims, provided by the Company to its Customers and which can be contacted at the following address: support@dreamtheme.eu.


Purpose

The purpose of these TCUs is to define the terms and conditions of the supply of Products and Services offered by the Company and/or its Partners’ Products to the Customer notably in order to enable it to publish, present and sell its own products on the internet and to allow payment via the internet or another payment channel. The TCUs also determine the terms and conditions of the supply of Products to the Company by its Partners.


Online sale

Dreamtheme.eu is an online store, offering Services and virtual Products developed by the Company or its Partners.


Processing of the order

The Customer declares that it has read and accepted these TCUs before placing an order. The confirmation of the order therefore implies the acceptance of these TCUs. Unless proved otherwise, the data recorded by the Company constitute proof of all the transactions made with the Customer.
The Customer must check the completeness and conformity of the information provided to the Company when placing the order, notably the invoice address. The Company shall not be held responsible for any errors and resulting consequences.


Payment

The Customer can pay for purchases by bank card, PayPal or bank transfer.
Transfers must be made to the bank account of which details are displayed when the purchase is finalised. The Company’s bank account is domiciled in Bulgaria and all costs arising from the transfer are to be paid by the Customer.
If after ten (10) working days after the order is placed a transfer of a sum equal to the total amount of the order has not been received, the Company may cancel the whole transaction.
The Company reserves the right to block a transaction for the time required to carry out anti-fraud checks.


Intellectual Property

The Company sells virtual Products on the Website.
The Partner and/or Company grants each Customer who buys a virtual Product a user license, on a non exclusive basis and for the whole world. This license is only valid once for a single e-commerce store. No assignment of right is accorded by these TCUs by the Partner to the Customer. Moreover the Customer is prohibited from reselling or using in other stores/web sites, redistribute or copy the virtual Products bought on Dreamtheme.eu. This restriction includes all the resources supplied with the virtual Product. The Company nevertheless reserves the right to buy virtual Products on behalf of its customers.


Disclaimer

Website

Notwithstanding any contrary legal provisions in force, the Website and all the functionalities it offers are supplied as is with no guarantee.
The Company assumes no responsibility in the event of the downloading of computer viruses or similar codes from the Website.
Third parties who can express themselves on the Website are not representatives of the Company and their opinions do not necessarily reflect the opinions of the Company.
The Company accepts no responsibility in the event of the loss or theft of the user’s password, username, account or information in the framework of the Website. It also accepts no responsibility in the event of the loss of content or data or damage resulting from the use of usernames by a third party.
The Company accepts no responsibility with regard to the improper use, loss, theft, modification or unavailability of any of its Partners’ content, notably, but not limited to, image banks, external resources, modules, videos, as well as to any resulting consequences.

 

Online sale

With the exception of the obligations it has resulting from its quality (warranty against hidden defects) or by virtue of any other legal provisions in force, the Company assumes no responsibility for the virtual Products and their use.
Unless stated otherwise, installation, support and updates are not included with the purchase of virtual Products. Compatibility with future versions of PrestaShop is not guaranteed.
The Website can be consulted from any country without the content being available for the countries in question. The Company has no obligation to feature this information and does not guarantee that the virtual Products are adapted to any countries other than those for which they have been designed.


Delivery date

Any order paid by bank transfer will only be processed when the said transfer has been received. The shipping dates must be recalculated from the date this mode of payment is recorded.
Virtual Products can be downloaded on the Website as soon as the payment has been received and validated. The Customer is aware that the downloading of its purchases is dependent on the constraints of using the internet and the Company is not responsible for any difficulties in accessing the data which it makes available to the Customer.
Unless stated otherwise by the Company, the fulfilment of Services is subject to a delay of five (5) working days after reception of all the necessary elements. This period may be extended if the involvement of an external party is required, notably but not exclusively the web host, the bank or any other provider of the Customer’s service.


Cancellation

Physical or virtual Products, and/or Services may be offered in the framework of these TCUs to consumers and the Customer is informed, where appropriate, and in accordance with the applicable provisions of consumer protection law, that it has a right of cancellation which it can exercise within seven (7) days of the acceptance of the Contract. In this case, the Customer does not need to justify its reasons or pay any penalties, except for any cost of returning goods in the case of the sale of physical Products.
However, the Customer will not benefit from this cancellation right if the fulfilment of the supply of products or services has started before the end of the seven (7) day cancellation period cited above. In particular, as purchases of virtual Products are by nature firm and definitive, they cannot result in an exchange, refund or exercising of a cancellation right. However, the Company undertakes to reimburse or exchange damaged virtual Products, including hidden defects or Products which do not correspond to the description given on the Website.
Also excluded from the cancellation right are audio or video recordings as well as computer software when they have been unsealed by the Customer, as well as physical Products created according to the Customer’s specifications or significantly personalised.
A Customer who has exercised its cancellation right for a physical Product must return it, in its original packaging and in good condition, to the address given by the Company.

 

Refund

Dreamtheme.eu is selling non-tangible, digital goods. We do not issue refunds once the order is completed or the product is downloaded. As a customer you are responsible for understanding this upon purchasing any item at our site. 


Duty to advise

The purchase of virtual and physical Products can be completely automated without any action on the part of the Company. The company thereby fulfils its duty to advise:
- through sales support provided by email at the address indicated on the Website.
- by the presence on the Website of a detailed description of the virtual or physical Product and, where appropriate, the configuration required for its use.


Piracy

All users of the Website must report any breach of license or inappropriate use of the virtual Products offered by the Company.
In the event of a breach of intellectual property by a product offered for sale on the Website by the Company, notification must be made to this effect by an email sent to the Company at the contact form via the web page. In the event of abuse, the user will be liable for the costs of the counter notification.


Personal information

Information and data relating to the Customer are required by the Company for the management of orders and the business relationship. They may be passed on to companies which are involved in processing the order, notably with regard to online payment. This information is also kept for security reasons and in order to be able to personalise the offers made to the Customer. By virtue of the modified data protection and civil liberties law of 6th January 1978, the Customer has a right to access, rectify and delete information relating to it gathered by the Company as part of its activity. This right can be exercised directly on the Website or by writing to the Company.


The Customer can choose when creating or consulting an account whether to receive offers from the Company or partner companies. The Customer can at any time change its preferences on the “personal information” page of its customer account.
The Website uses an automatic process to install a cookie in the Customer’s computer in order to be able to record information relating to the navigation of its computer on the Website. The Customer can however block the recording of “cookies” by configuring its internet navigator accordingly.
Finally, the Customer acknowledges that the Company may be required, in accordance with its legal obligations, to reveal personal data relating to the Customer in the framework of legal procedures (court orders, etc.).


Cases of force majeure

The Company undertakes in view of current technology to maintain in the best possible conditions the services offered on the Website. However, it will not be held responsible in the event of disruption to the Website attributable to a case of force majeure or which is caused by a third party or a Customer, as well as technical incidents.
The Company therefore cannot be held liable in the event of failure in its contractual obligations due to circumstances which are unforeseeable, irresistible, and outside the parties’ control.
The Parties acknowledge and agree between them, without this list being exhaustive, that notably force majeure, or exceptional circumstances or the fault of a third party refer to damages originating in or caused by: natural catastrophes, fires, floods, lightning, electrical surcharges, strikes, electricity power cuts, failure of the telecommunications network, civil or foreign wars, riots or civil unrest, terrorist attacks, regulatory restrictions relating to the supply of telecommunications services, loss of connectivity and connection due to public and private operators on whom the Company depends.
These cases of force majeure suspend the obligations of the Company cited in the TCUs, for their whole duration. However, if a case of force majeure lasts for more than three (3) months, one or other of the Parties would be entitled to terminate their relationship, after sending a letter by registered mail with acknowledgement of receipt, informing the other Party of this decision.

 

Support coverage

Our support cover themes on a "as is" bases. We assume that you have basic website and programming skills, you know how to work with CMS, FTP software and such. The free support that comes with our themes, covers theme installation, bugs and similar problems. Also included is support for our custom modules. The support does not include theme or CMS modifications or customizations made by customers.

 

Product Updates and support period

We offer free of charge updates and support for all our products including major updates for period of 90 days after the purchase date. You can extend that period to 365 days from the purchase date with additional "extended support and updates" program that we offer with additional payment for the program. We reserve the right to change the layout design, features and functions, modules or any part of our products with updates.

Last update: 22.11.2017