Jan Oplt – janoplt.com with registered office: U Lávky 527, Tanvald 468 41
identification number: 02290588
Natural person registered in the Trade Register since 4. 11 2013, Evidence: Tanvald Municipal Office for the sale of goods and digital products via the online shop located at www.janoplt.com1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions“) of the seller Jan Oplt, with registered office at U Lávky 527, Tanvald 468 41, identification number: 02290588, registered in the Trade Register since 4. 11 2013, Evidence: Tanvald Municipal Office (hereinafter referred to as “Seller“) regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “Civil Code“) the mutual rights and obligations of the parties arising in connection with or under the Purchase Agreement (hereinafter referred to as “Purchase contract“) concluded between the seller and another natural person (hereinafter referred to as “buyer“) via the Seller’s online shop. The online shop is operated by the Seller on the website located at www.janoplt.com (hereinafter referred to as the “Website“), through the interface of the Website (hereinafter referred to as the “Shop Web Interface“).
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are in Czech and English.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
1.6. The term“goods” as used in these Terms and Conditions includes not only physical products but also digital products. The term“Digital Product” refers to intellectual or creative content that is distributed electronically and available for sale on electronic devices, computers or other digital platforms. This category of digital content includes, for example, software applications, e-books, music files, graphics, photographs, videos, sound recordings and other forms of digital content.
1.7. In light of these characteristics, the term “goods” has been expanded within these Terms and Conditions to include digital products. Where the digital nature of these products needs to be emphasized, they are referred to as“Digital Product.” In this way, all aspects related to digital products are fully covered and clearly separated from traditional physical goods.2. USER ACCOUNT
2.1. Based on the buyer’s registration made on the website, the buyer can access their user interface. The buyer can order goods from his/her user interface (hereinafter referred to as “user account“). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data provided in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 900 days or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or. necessary maintenance of third party hardware and software.
2.7. In the event of a serious breach of the Terms and Conditions. Your user account may be disabled or cancelled without notice. This will also make purchased digital products unavailable.3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. The prices of goods are adapted to the buyer’s personality based on automated decision-making. This provision does not restrict the seller’s ability to conclude the purchase contract on individually agreed terms.
3.3. The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods, and the method and time of delivery of the goods. The information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic. In the case where the Seller offers free shipping of goods, the right to free shipping of goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be transported in the amount specified in the web interface of the store. In the event of partial withdrawal from the purchase contract by the Buyer and the total purchase price of the goods for which there was no withdrawal by the Buyer does not reach the minimum amount required for the right to free shipping under the previous sentence, the Buyer’s right to free shipping shall cease and the Buyer shall be obliged to pay the Seller for the shipping of the goods.
3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order“).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the input data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the “buy” button. The information provided in the order is considered correct by the seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address“).
3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.
3.8. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
by wire transfer to the seller’s account no. , held with the Company (hereinafter referred to as the “Seller’s Account“);
cashless via the paypal payment system;
cashless by credit card;
in cash or by credit card upon personal collection in the parcel office;
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash, on delivery or in the dispatch office, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within days of the conclusion of the purchase contract.
4.5. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
4.6. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 para. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Contract. The seller is not a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s electronic address.
4.9. In the case of delivery to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the client. These include, for example, transfer fees charged by banking institutions (transfer fees, exchange fees) or import duties or taxes (customs duties). These money transfer costs may also be incurred if the delivery is not made in a country outside the European Union and the Client makes payment from a country outside the European Union.5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Purchaser acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract for delivery cannot be withdrawn from, among other things:
5.1.1. goods made to the buyer’s requirements or adapted to his personal needs,
5.1.2. perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery,
5.1.3. Goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the buyer has broken them; and
5.1.4. an audio or visual recording or computer program in sealed packaging if the buyer has broken it.
5.2. In the absence of a case referred to in Art. 5.1 of the Terms and Conditions or any other case where the Purchase Agreement cannot be withdrawn from, the Purchaser shall, in accordance with the provisions of § 1829 par. 1 and par. 2 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days from the date on which the buyer or a third party designated by him other than the carrier takes delivery of the goods, or:
5.2.1. the last piece of goods, if the buyer orders several pieces of goods within one order, which are delivered separately,
5.2.2. the last item or part of a delivery of goods consisting of several items or parts, or
5.2.3. the first delivery of the goods, if the contract provides for regular delivery of the goods for an agreed period of time.
5.3. Withdrawal from the purchase contract must be sent to the seller within the period specified in Art. 5.2 of the Terms and Conditions For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller’s business address or to the Seller’s electronic mail address [email protected].
5.4. In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the outset. The Buyer shall send or hand the goods back to the Seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the Seller has offered to collect the goods himself. The deadline according to the previous sentence is maintained if the buyer sends the goods before its expiry. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.5. In the event of withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the seller receives the goods or before the buyer proves that he has sent the goods back, whichever is earlier.
5.6. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
5.7. In cases where the buyer has, in accordance with § 1829 para. 1 of the Civil Code the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
5.8. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. the costs of other delivery methods.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier. This does not affect the buyer’s rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
6.5. Upon successful payment of the purchase price of the digital product, a user account will be automatically created for the buyer on the Web interface. The purchased digital product will then be made available for download in the “My Account” section of this interface. Access data for the user account will be generated automatically and sent to the e-mail address specified in the order. The terms and conditions of use of the user account are detailed in our terms and conditions.
6.6. If the buyer has an existing user account, the newly purchased digital products will be added to the “My Account” section of that existing account.
6.7. In the case of digital products, delivery means the sending of access data by the seller to the customer’s email address indicated in the sales form or by sending a URL link.
6.8. There are no shipping costs (freight) for digital products.
6.9. Digital products will be made available no later than 48 hours after payment is made. Usually, however, access is granted within a few minutes.
6.10. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.7. COPYRIGHT AND USE OF DIGITAL CONTENT
7.1. Unless otherwise stated in the description of the content displayed in the Seller’s online shop, the Seller grants the Client a non-exclusive right, unlimited in time, to use the supplied content for private and commercial purposes.
7.2. The copyright in the digital products is reserved and no activities, including selling, copying or allowing third parties to use the products, are permitted without the prior express written consent of the seller.
7.3. Some of our digital products may require specific software to use them to their full potential. For example, software such as WinZip may be needed to open compressed files. Graphic products may require applications such as Adobe Photoshop or Affinity for editing. The customer is fully responsible for obtaining and properly installing such required software. The Seller assumes no responsibility for any deficiencies in the Buyer’s user environment.8. RIGHTS FROM DEFECTIVE PERFORMANCE
8.1. The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
8.2. If the subject of the purchase is a tangible movable object that is connected to digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as “a thing with digital properties“), the provisions regarding the seller’s liability for defects also apply to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is clear from the content of the contract of sale and from the nature of the matter that they are provided separately.
8.3. The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that the item:
8.3.1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
8.3.2. it is fit for the purpose for which the buyer requires it and to which the seller has agreed; and
8.3.3. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
8.4. The Seller is liable to the Buyer that in addition to the agreed features:
8.4.1. the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards,
8.4.2. the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the buyer can reasonably expect, even taking into account public statements made by the seller or another person in the same contractual chain, in particular by advertising or labelling, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the contract of sale in a manner at least comparable to that in which it was made or that it could not have influenced the decision to purchase,
8.4.3. the item is supplied with accessories, including packaging, assembly instructions and other instructions for use which the buyer can reasonably expect; and
8.4.4. the item corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the purchase contract.
8.5. The provisions of Art. 8.4 of the Terms and Conditions shall not apply if the Seller has specifically notified the Buyer prior to the conclusion of the Purchase Contract that a property of the item differs and the Buyer has expressly agreed to this when concluding the Purchase Contract.
8.6. The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation that was performed by or under the responsibility of the Seller pursuant to the Purchase Agreement. This also applies if the assembly or installation was carried out by the buyer and the defect is due to a deficiency in the instructions provided by the seller or the provider of the digital content or digital content service, if the item has digital characteristics.
8.7. If the defect manifests itself within one year from the date of acceptance, the item shall be deemed to have been defective upon acceptance, unless the nature of the item or the defect precludes this. This period does not run for the time during which the buyer cannot use the item, if the defect has been rightfully pointed out.
8.8. If the object of the purchase is an item with digital characteristics, the seller shall ensure that the agreed digital content updates or digital content services are provided to the buyer. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with the updates that are necessary for the item to retain the characteristics pursuant to Art. 8.3 and Art. 8.4 of the Terms and Conditions, and that he will be notified of their availability
8.8.1. for a period of two years if the digital content or digital content service is to be provided continuously for a certain period of time under the purchase agreement, and for the entire period of time if the provision is agreed for a period longer than two years,
8.8.2. for as long as the buyer can reasonably expect, if the digital content or digital content service is to be provided on a one-off basis under the contract of sale; this shall be assessed according to the type and purpose of the item, the nature of the digital content or digital content service and taking into account the circumstances at the time of the conclusion of the contract of sale and the nature of the obligation.
8.9. The provisions of Art. 8.8 of the Terms and Conditions does not apply if the Seller has specifically notified the Buyer prior to the conclusion of the Purchase Agreement that updates will not be provided and the Buyer has expressly agreed to this when concluding the Purchase Agreement.
8.10. If the buyer fails to update within a reasonable time, he has no rights from the defect that arose only as a result of the failure to update. This does not apply if the buyer was not warned about the update or the consequences of not updating or did not update or did not update correctly due to a deficiency in the instructions. If the digital product or digital content service is to be provided continuously for a certain period of time under the contract of sale and if a defect manifests itself or occurs within the period referred to in Art. 8.8.1 and Art. 8.8.2 of the Terms and Conditions, the Digital Product or Digital Content Service shall be deemed to be defectively provided.
8.11. The buyer may complain about a defect that becomes apparent within two years of receipt. If the object of the purchase is an item with digital characteristics and if, according to the purchase contract, the digital product or digital content service is to be provided continuously for a certain period of time, the buyer may complain about a defect that appears or manifests itself in the digital product or digital content service within two years of receipt. If the performance is to be carried out for a period of more than two years, the purchaser shall have the right from the defect that occurs or manifests itself during this period. If the buyer has rightfully pointed out the defect to the seller, the period for pointing out the defect does not run for the period during which the buyer cannot use the item.
8.12. If the item has a defect, the buyer may demand its removal. He may, at his option, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without significant difficulty for the buyer. The seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value the item would have without the defect.
8.13. The Seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item. The seller shall take over the item at his own expense to remove the defect. If the dismantling of the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, requires it, the seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof.
8.14. The buyer may demand a reasonable discount or withdraw from the purchase contract if:
8.14.1. the seller refused to remove the defect or failed to remove it in accordance with Art. 8.13 of the Terms and Conditions,
8.14.2. the defect manifests itself repeatedly,
8.14.3. the defect is a material breach of the purchase contract, or
8.14.4. it is evident from the seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
8.15. If the defect of the item is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of Article 8.14 of the Terms and Conditions); it is deemed that the defect of the item is not insignificant. If the buyer withdraws from the purchase contract, the seller shall refund the purchase price to the buyer without undue delay after he receives the item or after the buyer proves that he has sent the item.
8.16. The defect can be blamed on the seller from whom the item was purchased. However, if another person is designated to carry out the repair, who is in the place of the seller or in a place closer to the buyer, the buyer shall reproach the defect to the person who is designated to carry out the repair.
8.17. Except in cases where another person is designated to carry out the repair, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its registered office. The Seller is obliged to issue a written confirmation to the Buyer when the claim is made, in which it indicates the date when the Buyer made the claim, what is its content, what method of handling the claim the Buyer requires and the Buyer’s contact details for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair.
8.18. The complaint, including the removal of the defect, must be settled and the buyer must be informed of this within thirty (30) days of the date of the complaint, unless the seller and the buyer agree on a longer period. If the subject of the obligation is the provision of a digital product, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital product or digital content service and the purpose for which the buyer requested it.
8.19. After the expiry of the time limit referred to in Art. 8.18 of the Terms and Conditions, the Buyer may withdraw from the Purchase Contract or demand a reasonable discount.
8.20. The Seller is obliged to issue the Buyer with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
8.21. The buyer can specifically exercise the rights of liability for defects in goods by e-mail at [email protected].
8.22. Whoever has a right from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
8.23. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint rules.
8.24. The seller or another person may also provide the buyer with a guarantee for quality in addition to his legal rights from defective performance.9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1820 para. 1 lit. n) of the Civil Code.
9.3. Consumer complaints are handled by the seller via e-mail. Complaints can be sent to the Seller’s electronic address. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address. No other rules for handling complaints are set by the Seller.
9.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
9.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of 21. May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
9.6 The Buyer may lodge a complaint with a supervisory or state supervisory authority. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
9.7. The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.10. DATA PROTECTION
10.1. The information obligation towards the buyer within the meaning of Art. 13 Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR“) related to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller’s public law obligations shall be performed by the Seller through a separate document.11. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
11.1 The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
11.2. The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer’s device by means of a separate document.12. DELIVERY
12.1. The Buyer may be served at the Buyer’s electronic address.13. FINAL PROVISIONS
13.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive the buyer, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from by contract and which, in the absence of a choice of law, would otherwise apply pursuant to Art. 6 para. 1 Regulation (EC) No. 593/2008 of 17. June 2008 on the law applicable to contractual obligations (Rome I).
13.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
13.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
13.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
13.5. Seller’s contact details: registered office address U Lávky 527, Tanvald 468 41, e-mail address [email protected], telephone +420735022050. The Seller does not provide any other means of online communication.
In Tanvald on 31.8.2023