1 Terms and conditions
These terms and conditions apply between FASTMAKE d.o.o., all users and businesses for using this website and purchasing digital products only for private use. Please note that the terms and conditions are written in simple English language and if you have any questions, comments or are unsure about any aspect of the conditions, then please contact us.
Our terms and condition can also change sometimes and they become valid on the date of publication on this site.
2 Company identity
The company is registered in Slovenia as a private entrepreneur that operates an online shop currently specialized in railway simulation add-ons. The company is registered with the following details:
FASTMAKE, spletna prodaja dodatkov za računalniške igre, d.o.o.
Mestni Vrh 55a
3 Website use and registration
By agreeing to this terms and conditions the user can begin purchasing digital products on this website only as register and verify his account.
Users may terminate their user account at any time. For this purpose the user can send us an email with a termination request through our contact us form.
4 Data privacy and protection
Users should not publish or share their username and password; also they are responsible for the loss of this data at any time. If any user data is known by third parties, then the user must contact us immediately.
We respect the personal data of our users and we will also ensure that this data will be processed as determined in the Slovenian personal data protection act.
5 Products and purchasing
The website is offering digital products as downloads for payment. Our product will provide users with clear information’s (pricing, release dates, specifications required, manuals) with the pre-purchase option.
As soon as the user makes a purchase he is bounded with a contract of sale. The current purchasing options are PayPal, Credit card, Paysafecard and bank transfer. Note that the confirmation for the bank transfer can take up to five working days or sometimes eaven longer. If the bank transfer isn’t finished within 14 days then the purchasing process is automatically terminated.
Digital products with the pre-purchase option will be available for purchase before the actual release date and they will be unlocked for downloading on the actual release date if the user did pre-purchase the product with the PayPal option.
If the product was pre-purchased with a bank transfer note that it takes up to five working days to confirm the purchase and the product will become available for download after the confirmation was done but not before the actual release date.
Each purchased product that is using our installation software has his own serial number which also has download limits.
The first limit is that the purchased product can be downloaded up to 20 times and if the limit is exceeded then the serial number will be permanently blocked. When the serial number is permanently blocked, the user has to buy the product again, if the user wants to install it again.
The second limit is that the purchased product serial number can only be used 2 times in a week and if the limit is exceeded, then the serial number will be blocked for one week from the exceeded use, which means that the product can only be installed two times per week.
The products that are using our installation software also require an internet connection for limitation purposes and administration access.
We will also correct any mistakes in payments witch users must tell us within 30 days from the date of purchase. In some exceptional circumstances we reserve the right to refuse the users order, in such rare cases we will contact users as quick as we can and explain why this is the case.
For purchasing we are using the international security standard to protect your data during the purchasing process and all communications from this moment on are encrypted using protocols which are validated.
6 Pricing and discounts
The prices of all digital products on this website are in € inclusive statutory value-added taxes. Our prices shall be the prices listed on our website or prices listed in the shopping cart at the time of purchasing. We also reserve the right to change the products prices at any time and when we make any discounts and special offers available for users we will clearly describe any restriction on the product site. Net prices may vary depending on the country of purchase.
7 Legal agreement, copyright and license
This end user license agreement (EULA) is a legal contract between the user and FASTMAKE d.o.o. for a digital product title that can include electronic documentation, manuals, online updates which can be downloaded on the website and also include additional content.
This EULA is the sole agreement between the parties for the use of digital products and replaces all prior agreements and understandings and it is the only document upon which the parties may rely to enforce their rights pursuant to the granting of the rights described herein.
By installing and using the digital product, the user agrees to be bound by the terms of this EULA. If the user doesn’t agree to the terms and conditions then the user is prohibited to install and use the product.
This product is protected by copyright laws and international copyright treaties and can only be used as permitted in this EULA. The product is licensed, not sold. The license is personal to you the purchaser and you are the only permitted user of this product. Only one license per authorized copy of this product is allowed at any time.
8 Ownership and permitted or prohibited use
Digital products purchased from this website are permitted to be installed and used on a single computer that is under the user’s control for private use only, any further distribution is prohibited. Users are also not allowed to:
• Use their product on more than one or any other computer.
• Assigning, renting, leasing and sub-licensing the product.
• Make or distribute copies for any included part of the product data.
• Change, modify, disassemble, decompile, translate or use any included part of the product data for their own product or work, except as permitted by the law.
In any case the user only has a license to use the product as permitted in this EULA. The owner of the product shall at all times retain ownership of the software and included data.
9 Warranty and refunds
The digital product with the included data and documentation is provided without any warranty as permitted under the applicable law. Also there are no refunds for purchased digital product (downloadable content) once the purchase has been made. It’s because of the product nature where we are unable to keep track of installations and un-installations and therefore we are unable to solve refunds. The entire risk arising out of use or performance of the product or product data remains with the user.
You agree that you will use this website at your own risk and accept it as it is. You agree that you shall not hold FASTMAKE d.o.o. or any of its employees liable in no event for any damages caused (loss of profits, information or any other loss) arising out of the use of the website or any digital products, even if FASTMAKE d.o.o. has been informed of the possibility of such damages. Some countries may not allow the limitation of liability for specific types of damages arising from negligence and therefore the above limitation may not apply for all users. In such cases we have a limited liability that is not higher than the price for the purchased digital product paid from the user.
The user also acknowledges that we can’t technically guarantee one hundred percent availability of the website; however we will do our best to make the website constantly available. The unavailability of the website can be caused from maintenance, capacity or security reasons and other unpredictable events therefor users shall also be responsible for their data backup.
11 License terminations
The EULA and the license is granting the user the use of the digital product and it automatically terminates if the user doesn’t agree with the EULA and the above agreements or if the user destroys the digital product copies that are in the user possession. In this process of termination the user must delete, wipe or destroy all the existing copies of the digital product from all media storage on which the product was installed or used on.
12 Illegalities and waiver
If any part on this EULA is found to be illegal or unenforceable, then such findings won’t affect the rest of the enforceability or validity of this EULA and we will do our best to change this provision in a reasonable manner so that it achieves the intention of the parties without illegality.
Any delay or failure made by FASTMAKE d.o.o. or any of its employees, authorized agents or assigns in exercising its rights under this EULA shall not be construed as a waiver of those rights at any time.
13 Law and jurisdiction
FASTMAKE d.o.o. is a Slovenian company and all matters arising from it are governed and construed in accordance by the laws of the republic of Slovenia. The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at FASTMAKE d.o.o. registered business seat.