General Terms and Conditions of the Cryptix DORA Shop Online Store
1. General Provisions
1.1 Operator
These General Terms and Conditions (hereinafter: "GTC") govern the use of the online store operated at dora.cryptix.ag, operated by the company Cryptix AG, a company incorporated under the laws of Switzerland with its registered office at Bundesstrasse 5, 6300 Zug, registration number: CHE-361.505.762, VAT identification number: CHE-361.505.762 MWST (hereinafter: "Provider").
1.2 Definitions
- Buyer: A business entity or sole proprietor purchasing Products through the Online Store for the purposes of their commercial activity.
- Consumer: A natural person acquiring Products outside the scope of their professional or commercial activity.
- Product: Digital content including sample documentation for establishing compliance with Regulation (EU) 2022/2554 (DORA), which includes internal policy templates, review report templates, and register templates.
- Contract: A purchase agreement concluded at a distance via the Online Store between the Provider and the Buyer.
1.3 Binding Nature and Application
By placing an order in the Online Store, the Buyer explicitly confirms that they are fully acquainted with these GTC, understand them, and agree to them in their entirety. Consumer protections apply separately under Section 11.
2. Buyer Status Definition
2.1 Primary Focus
The Online Store is primarily intended for sales to business entities.
2.2 Buyer Declaration
By placing an order, purchasers declare that they are:
- (a) Validly established legal entities or sole proprietors,
- (b) Purchasing exclusively for professional or commercial purposes, and
- (c) Not acting as consumers.
2.3 Consequences
Based on the Buyer's declaration, the provisions of consumer protection legislation do not apply to the relationship between the Provider and a Buyer who is a business entity. Consumer rules apply if Buyer status is misrepresented.
3. Contract Conclusion
3.1 Order Process
The Buyer selects a Product and clicks "Complete Purchase." The order constitutes an irrevocable offer by the Buyer to conclude the Contract.
3.2 Order Receipt
After placing the order, the Buyer receives an automatically generated message to their email address confirming receipt of the order. This confirmation does not constitute acceptance of the Contract.
3.3 Acceptance
The Contract is validly concluded when the Provider sends the Buyer a separate email confirming the order and access to the Products, or when the Provider actually grants the Buyer access to the purchased Products after successful payment.
4. Prices and Payment
4.1 Prices
Prices are published at the time of order placement in Euros and do not include Value Added Tax (VAT), unless explicitly stated otherwise. The Provider reserves the right to change prices for future orders.
4.2 Payment Methods
- Credit or debit cards via payment providers (Stripe, Adyen)
- PayPal
- Pro forma invoice (access to Products is granted upon receipt of bank payment)
4.3 Invoicing
After payment is completed, the Provider issues an invoice in electronic form and sends it to the Buyer's email address.
5. Product Delivery
5.1 Digital Nature
All Products are in digital form. Physical delivery is not possible.
5.2 Method and Time
Delivery is performed by the Provider granting the Buyer access to the Products after successful receipt of payment. Access is generally granted immediately after payment via:
- (a) A download link sent to the Buyer's email address, and/or
- (b) A download link within the Buyer's user account.
5.3 Buyer Responsibility
The Buyer is responsible for providing a correct and functional email address and for saving the downloaded Products to their own device.
6. Right of Withdrawal
6.1 Business Entities
6.2 Consumers
Consumer withdrawal rights are governed separately and exclusively under Section 11 of these GTC.
7. Intellectual Property Rights
7.1 Ownership
All Products and all content in the Online Store are the copyrighted work and exclusive intellectual property of the Provider or its licensors.
7.2 License Grant
By purchasing a Product, the Provider grants the Buyer a limited, non-exclusive, non-transferable, and revocable license to use the purchased Product.
7.3 License Scope
The license is granted exclusively for the Buyer's internal business purposes, namely for the preparation of their own internal documentation to achieve compliance with the DORA Regulation.
7.4 Prohibitions
Buyers are prohibited from:
- (a) Selling, sublicensing, distributing, lending, leasing, or otherwise transferring the Products to any third party;
- (b) Publicly publishing, displaying, or performing the Products;
- (c) Modifying the Products beyond the completion of designated template fields; and
- (d) Removing or altering any copyright notices or proprietary markings.
7.5 Breach
Any use of the Products contrary to this section is considered a material breach of the Contract and a gross infringement of the Provider's intellectual property rights.
8. Limitation of Liability
8.1 Informational Nature
THE PRODUCTS ARE PROVIDED AS SAMPLES AND TEMPLATES AND ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE PRODUCTS DO NOT CONSTITUTE LEGAL, BUSINESS, OR FINANCIAL ADVICE.
8.2 No Warranty
The Provider does not warrant or guarantee that the use of the Products will, in itself, be sufficient to achieve full compliance with the DORA Regulation or any other legislation.
8.3 Buyer Responsibility
The Buyer is fully responsible for reviewing, adapting, and implementing the Products in accordance with their specific business needs and legal environment.
8.4 Exclusion of Damages
The Provider excludes all liability for any direct, indirect, consequential, or other damages that may arise for the Buyer from the use or inability to use the Products.
8.5 Liability Limitation
For business entities, the Provider's aggregate liability under or in connection with any Contract shall, in any case, be limited to the amount paid by the Buyer for the Product under that Contract.
9. Personal Data Protection
9.1 Data Processing
The Provider processes personal data in accordance with applicable data protection legislation (GDPR). Complete details are available in the separate Privacy Policy.
10. Final Provisions
10.1 Dispute Resolution
The court with subject-matter jurisdiction at the Provider's registered office shall have exclusive jurisdiction to resolve any disputes arising from or in connection with these GTC or any Contract.
10.2 Applicable Law
The laws of the Republic of Slovenia shall exclusively apply to the assessment of all relationships, rights, and obligations arising from or in connection with these GTC or any Contract.
10.3 Amendments
The Provider reserves the right to amend these GTC. Any amendment will be published on the Online Store's website. The version of the GTC in force at the time of order placement governs that Contract.
10.4 Severability
If any provision of these GTC is found to be invalid or unenforceable, it shall be replaced with a valid provision that most closely reflects the original intent. The remaining provisions shall remain in full force and effect.
11. Consumer Protections
11.1 Application
The provisions of this Section 11 apply exclusively and only if the Buyer is a Consumer. Where the provisions of this Section 11 conflict with other provisions of these GTC, the provisions of this Section 11 shall prevail.
11.2 Withdrawal Right
A Consumer has the right to withdraw from the Contract within 14 days of its conclusion, without needing to provide a reason for their decision.
11.3 Loss of Withdrawal Right
- (a) Expressly agrees to the supply of the digital content commencing immediately after successful payment; and
- (b) Is aware of and agrees that, upon the commencement of supply, they completely lose their right of withdrawal.
11.4 Non-conformity
Consumers retain their statutory rights regarding non-conformity of digital content in accordance with the applicable Consumer Protection Act.
11.5 Dispute Resolution for Consumers
The Provider does not recognize any out-of-court dispute resolution providers as competent to resolve consumer disputes. Consumers have the option of using the European Online Dispute Resolution platform (ODR platform) at ec.europa.eu/consumers/odr.
Contact
For any questions regarding these Terms and Conditions, please contact:
- Email: hello@cryptix.ag
- Mailing Address: Cryptix AG, Bundesstrasse 5, 6300 Zug, Switzerland
These General Terms and Conditions are provided in English. If there are translations in other languages, in the event of any conflict or inconsistency, the English version shall prevail.