Dear Madam / Sir,
This document aims to provide you, a client of ARTHOUSE HEJTMÁNEK galerie a aukční dům s.r.o., with information about the processing of your personal data and about your rights associated with this data. We place much importance on protecting your personal data, and we want you to know which personal data we collect, how the data are handled, and the purposes for which we use the data.
We process your personal data transparently, fairly, and in accordance with the law, always only to the extent necessary for that particular purpose. We store your personal data securely for the period absolutely necessary, for periods we are required to under the law.
This Information About Personal Data Processing is effective from 25 May 2018, and has been issued in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Regulation), repealing Directive 95/46/EC (General Data Protection Regulation/GDPR).
We ask that you carefully read this information. If anything is unclear, we would be happy to explain any term or section to you. Please communicate your questions by calling (+420) 737 815 758 or emailing us at email@example.com.
The authority that oversees the protection of personal data in the Czech Republic is the Office for the Protection of Personal Data, registered address at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic, website: www.uoou.cz, tel: (+420) 234 665 111.
Please note that this information about processing your personal data may be amended and updated.
Prague, 25 May 2018
1. Personal data controller
1.1 The controller of your personal data is ARTHOUSE HEJTMÁNEK galerie a aukční dům s.r.o. (the “Controller” or also “we”).
Controller’s contact information:
ARTHOUSE HEJTMÁNEK galerie a aukční dům s.r.o., ID: 29149932
Registered office in Prague 6–Bubeneč, Goetheho 17/2, postal code: 16000
registered in the Commercial Register maintained by the Municipal Court in Prague, record no. C 203984
http://www.arthousehejtmanek.cz/, email: firstname.lastname@example.org
1.2 As the Controller, we collect, handle, and bear responsibility for the due and legal processing of your personal data. We use the personal data you have provided to us or which we obtained to fulfill one or more purposes for processing the data. You may exercise your rights in respect of and against the Controller in the manner hereinunder.
2. PROCESSING AND PROTECTION OF PERSONAL DATA
2.1 As the protection of your personal data is very important for us, we always proceed in accordance with the applicable laws and international standards in the context of the adoption of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Regulation), repealing Directive 95/46/EC (“GDPR”), which applies to the processing of your personal data effective 25 May 2018.
2.2 The processing and protection of personal data encompasses your use of the website http://www.arthousehejtmanek.cz/ as well as your interaction with us when you purchase goods and services via personal consultations with persons representing the Controller (on or off the website), when you attend auction events, or when you register with the Controller.
3. HOW WE PROCESS AND OBTAIN YOUR PERSONAL DATA
3.1 Personal data is any information relating to a natural person that makes it possible to identify the natural person. In this document we will inform you which personal data we process and the purposes for which we use the data.
3.2 Controller may gather and process the following personal data:
(a) Identification data, including but not limited to: academic degree, first name(s), surname, national ID number and date and place of birth (if you have your own business, this may include your business ID number and place of business), numbers on passport and IDs that you present and copies thereof, your designated representative’s or contact person’s identification data, identification data of the payer of the invoice, bank details and signature;
(b) Address and contact details, including but not limited to: mailing address, telephone number or email address;
(c) Payment and transaction details, including but not limited to: banking and payment data, history of orders, payments and debts;
(d) Profile and descriptive details, including but not limited to: your order history, your preferences regarding our services and products you request from us, feedback, attendance and participation at auctions;
(e) Data from mutual communication and interactions, including but not limited to: provided consent(s), communication upon establishing contracts, returns and complaints, means to authenticate and authorize electronic communication;
(f) Technical data, including but not limited to: information about your visits to the website and sources that led you to the website, information stored in cookies and online identifiers;
(g) Marketing data, including but not limited to: your preferences in relation to the Controller’s marketing materials and your preferred method of communication;
(h) Audiovisual recordings, including but not limited to: camera system recordings made at the Controller’s establishment at Goetheho 2, 160 00 Prague 6–Bubeneč, and photographs taken at social events organized by the Controller.
3.3 We obtain your personal data primarily directly from you when you register or otherwise interact with us, or from public resources (including information online that you publish about yourself), from surveys, user tests, or cooperating third parties. Technical data can also be obtained from your visit to our website.
3.4 If you do not consent with providing your personal data in cases where the provision of the data is essential to enter into and execute a contractual relationship, or in cases where we are obligated to process your personal data to fulfill our legal obligations, this may result in a failure to enter into a contractual relationship or a restriction in services provided to you.
3.5 Controller hereby states that it does not process “sensitive data”. Sensitive data are a special category encompassing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health, sexual orientation, criminal infractions or convictions. We may include genetic and biometric data.
4. HOW WE USE YOUR PERSONAL DATA
4.1 We process your personal data to the extent necessary for a particular purpose, e.g., to provide an agreed upon service. This also includes cases where we enter into a new agreement or a signed agreement is being performed. Typically, this data is your personal identification information. A number of laws also require us to process data. We process some of your personal data because it is essential to protect the rights and legally protected interests of the Controller and of third parties. For this reason, processing is limited to cases in which our careful assessment establishes that the Controller has a legitimate interest in processing such personal data. In other cases, we process your personal data also on the basis of your consent.
4.2 We use your personal data primarily for the following purposes:
(a) To enter into and execute a contractual relationship (including but not limited to executing your order or services you have ordered);
(b) To communicate with you and manage our contractual relationship;
(c) To fulfill our legal obligations;
(d) To keep commercial and statistical records so we may evaluate our services and products and improve our products and customer service;
(e) To ensure that our website content is presented as efficiently as possible;
(f) To protect our legitimate interests (particularly to limit fraud, to avoid and prevent breaches of our terms and conditions, to recover and collect debts, and to ensure that our legal rights are protected);
(g) To protect the property and health of persons at the Controller’s address at Goetheho 2, 160 00 Prague 6–Bubeneč, we may operate a camera system with a recording device;
(h) To secure our mutual communication and to ensure the exercise of your rights associated with personal data protection;
(i) With your consent, to inform about exhibitions, auctions, and our other commercial activities; and
(j) For other specified purposes for which we have obtained your consent.
4.3 If essential in order to enter into and execute the contractual relationship or to protect our legitimate interests associated with entering into and executing the contractual relationship, we use technology that primarily creates your customer profiles for the purposes hereinabove, based on your consent or if laws also stipulating the protection of your rights so allow.
4.4 We maintain your personal data only for as long as one of the purposes of the processing hereinabove exists, and subsequently only for a period and under conditions that comply with applicable laws. If you provide your consent with the use of your personal data for marketing purposes, this period lasts 5 years from the date such consent is provided or renewed. In other cases, the duration of processing follows from the purpose of processing or is defined by law. When handling your data, we follow the principle of Data Minimization. This means that we have strict internal archiving guidelines in place that ensure we do not hold data for longer than we are authorized or required. Usually only for the period necessary to perform the purposes hereinabove. If a contractual agreement is in place, the processing period is limited to the duration of the specific contractual relationship and subsequently for the duration of the statute of limitations (no more than 10 years from the date of execution of the contractual relationship).
5. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
5.1 The legal basis that enables us to process your personal data depends on the purpose for which we are processing the personal data. In specific cases we may process your personal data even without your consent because:
(a) It is essential in order to enter into and execute the contractual relationship with you;
(b) It is essential so we may fulfill our legal obligations (e.g., accounting and tax obligations, relating to the Act on Public Auctions, etc.);
(c) It is essential so we may protect our legitimate interests (e.g., associated with exercising our legitimate claims arising from contractual relationships or associated with analyzing and improving our services or for direct marketing).
5.2 In the event of data processing that cannot be categorized under a purpose hereinabove, we may process data based on our requesting and you providing valid consent with processing your personal data. You will always be notified of this type of processing of your personal data, and you will be able to express your consent or non-consent with such processing. The provision of consent is always freely given and voluntary indication of will, and you have the right to revoke this consent in whole or part at any time with future effect. Without the corresponding consent, we will not perform the such processing.
5.3 With your consent we may further process your personal data for marketing purposes, i.e., to offer our products or inform you about news or other commercial messages by sending you emails or via other means of telecommunication and sending catalogues to your address or to contacts you shared with us. You make revoke your consent with this use of your personal data by sending us an email informing us of revocation of consent to email@example.com or writing us at the Controller’s address hereinabove.
6. TO WHOM WE PROVIDE YOUR PERSONAL DATA
6.1 Regulations on personal data protection allow the Controller to entrust the processing of personal data to a Processor. A personal data processor is any subject that processes personal data based on a special law, authorization, or mandate received from the Controller. In such cases, contractual and regulatory arrangements guarantee your data enjoys the same level of protection as provided by the Controller.
6.2 In our activities and business, we may further provide your personal data to:
(a) Service providers that provide services associated with our activities, including but not limited to transportation companies, marketing service providers, payment intermediaries, persons assisting us with managing contractual relationships and claims made by you, or suppliers of other administrative services associated with our operations;
(b) Other persons in accordance with relevant laws (e.g., reports to tax authorities in cases set out by law, police authorities to investigate crimes, etc.).
6.3 Your personal data are not transferred to countries outside of the European Union, unless explicitly stated otherwise. If your personal data are transferred to (third) countries outside of the European Union, Controller shall oversee that your personal data are transferred in compliance with legislative requirements for securing the protection of your personal data and your rights associated with this personal data (specifically but not limited to the cloud data storage services that we use).
In connection with the operation of our information systems, we use the following IT solution providers that may process electronic data (including personal data) outside of the European Union, but while respecting all legislative requirements for securing the protection of your personal data and your rights associated with this personal data:
• Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America (details on how the provider processes data are available at https://www.google.com/intl/ru_ALL/cloud/security/gdpr/ );
• Apple Inc., One Apple Park Way, Cupertino, CA 95014, United States of America (details on how the provider processes data are available at https://www.apple.com/legal/privacy/en-ww/governance/); a
• Nextcloud GmbH, Hirschstrasse 26, 70173 Stuttgart, Federal Republic of Germany (details on how the provider processes data are available at https://nextcloud.com/privacy/).
6.4 Your personal data will also be available to individual employees of the Controller who are responsible for implementing our contractual obligations or managing your client portfolio with us.
7. WHAT COOKIES ARE AND HOW WE USE THEM (WEBSITE TECHNICAL DATA)
(a) our website function properly, so that your request can be completed as seamlessly as possible;
(b) in remembering our customers’ login information, so that they do not have to enter it every time;
(c) find out which pages and functions visitors use most frequently, based on which we can best tailor our presentation to your needs;
(d) find out which advertisements visitors view most often, so that they do not keep repeatedly seeing the same advertisement as they browse the site, or so that they do not see advertisements in which they are not interested.
7.2 The cookies used on our website can be divided into two basic types according to lifespan: short-term “session cookies”, which are only temporary and remain stored in your browser until you close your browser; and long-term “persistent cookies”, which remain stored on your devise much longer or until you delete them manually (how long the cookie remains on your device depends on the actual cookie settings and the settings on your browser).
7.3 Based on functionality, individual cookies can be divided into:
(a) conversion cookies, which allow us to analyze the performance of various sales channels;
(b) tracking (monitoring) cookies, which, combined with conversion cookies, help us analyze the performance of various sales channels;
(c) remarketing cookies, which we use to personalize advertisement content and for correct targeting;
(d) analytical cookies, which help us improve the user’s experience and comfort while they visit our website by offering insight into how users use the site; and
(e) essential cookies, which are important for the basic functionality of the website.
Some cookies may collect information that is subsequently used by third parties and which, for example, directly support our advertising activities (“third party cookies”). For example, information about requests made by website visitors may be displayed by an advertising agency, allowing us to better customize the display of on-line advertising banners on websites. However, this information cannot be used to identify the user.
We use the following cookies on our websites:
Name of cookie
stores information about consent with cookie use
identifies your current session on the server
until the end of the session
identifies your current session on the server
until the end of the session
user recognition for Google Analytics
user recognition for Google Analytics
restricting the number of queries to Google Analytics
7.5 The use and rejection of cookies can be configured in your web browser. Most browsers automatically accept cookies in the default setting. You can reject cookies in your web browser, or you may accept only certain types of cookies.
8. WHAT YOUR RIGHTS ARE
We process your personal data transparently, fairly, and in accordance with applicable law. You have the right to ask us to provide you with information about your personal data that we process, the purpose and nature of the processing of personal data, and the recipients of personal data. If you find or believe that we process your personal data in violation of the protection of your private and personal life or in violation of the law, you are entitled to demand an explanation from us or demand that Controller eliminate such defect. You also have the right to contact the Office for Personal Data Protection in the event of a breach of our obligations and to request corrective measures.
8.2 Your rights with regard to the processing of personal data by Controller:
(a) Right to access personal data
Under GDPR Article 15, you as the data subject have the right to access your personal data, which encompasses the right to obtain the following from Controller: (i) confirmation whether it processes your personal data; (ii) information regarding the purposes of processing, categories of personal data affected, recipients to whom the personal data have been or will be disclosed, planned processing period, the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the source of the personal data if the data are not collected from the data subject, the existence of automated decision-making, including profiling, appropriate safeguards in transferring data to countries outside the European Union; and (iii) a copy of the personal data undergoing processing, unless this would adversely affect the rights and freedoms of others.
(b) Right to rectification of inaccurate data
Under GDPR Article 16, you as the data subject have the right to rectification of inaccurate personal data that Controller is processing about you. You also must report changes to your personal data, provide proof that such changes occurred, and provide assistance if it is found that the personal data we process about you are not exactly correct. Controller makes the correction without undue delay and as technically feasible.
(c) Right to erasure
Under GDPR Article 17, you as the data subject have the right to erasure of personal data relating to you, unless Controller provides legitimate reasons for processing the personal data. Controller has mechanisms in place for securing automatic anonymization or erasure of personal data if they are no longer needed for the purpose for which the data were processed. If you believe that your personal data have not been erased, you may contact us.
(d) Right to restriction of processing
Under GDPR Article 18, you as the data subject have the right to restrict processing of your personal data until the matter is resolved if you contest the accuracy of or reasons for processing personal data or if you object to such processing.
(e) Right to reports of rectification, erasure, or restriction of processing
Under GDPR Article 19, you as the data subject have the right to have Controller report any rectification, erasure, or restriction of processing of your personal data. If your personal data is rectified or erased, we will inform individual recipients, unless this proves impossible or involves disproportionate effort. Based on your request, we can provide information about these recipients of notifications.
(f) Right to personal data portability
Under GDPR Article 20, you as the data subject have the right to portability of data concerning you that were provided to Controller in a structured, commonly used and machine-readable format, and the right to ask Controller to transfer such data to another controller.
(g) Right to object to the processing of personal data
Under GDPR Article 21, you as the data subject have the right to object to the processing of your personal data on the grounds of the legitimate interests of Controller, by sending your objection to Controller’s contact details. After the objection is submitted, we will immediately stop processing your personal data for this purpose.
(h) Right to withdraw consent to process personal data
You may withdraw your consent to process personal data at any time. You must express your request for withdrawal in an explicit, understandable, and definite statement sent to the Controller’s contacts herein. You can limit the processing of data from cookies through your browser settings. As part of the provision of consent with processing, however, you may also entirely refuse to communicate your personal data to us.
(i) Automated individual decision-making, including profiling
As the data subject, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Controller hereby represents that it does not have automated decision-making intended to produce legal effects for the data subject without the influence of human assessment.
(j) Right to contact the Office for Personal Data Protection
If you are not satisfied with the processing of your Personal Data, you have the right to lodge a complaint with a supervisory authority; in the Czech Republic this authority is the Office for the Protection of Personal Data, Pplk. Sochora 27, 170 00 Prague 7, Czech Republic www.uoou.cz;
8.3 Controller approaches all rights hereinabove equally and always attempts to comply with your requests. All rights may be exercised free of charge. Controller has an adequate period to process requests for the exercise of rights, usually 30 days. The sent request must contain basic identification data so we would be able to find all of your processed data. If Controller does not receive a full summary of identification data, it cannot guarantee it will find the final summary of all processed data in all of the information systems administrated by Controller. If we cannot find your personal data in Controller’s system based on the identification data provided, you will receive this information also in writing.
8.4 If you would like to exercise any right hereinabove, please contact us using the Controller’s contact information hereinabove.
9. HOW WE PROTECT YOUR PERSONAL DATA
9.1 To secure the safety and confidentiality of your personal data, which are extremely important to us, we use technical and organizational measures, including but not limited to protection against unauthorized access to and abuse of the data, IT system security, and data recovery in the event of an incident. Where suitable, we use encryption to protect your data. We regularly assess all measures and update them to ensure that your personal data is processed properly and responsibly.
9.2 Personal data is processed manually and in digital information systems that are subject to physical, technical, and procedural safeguards. We have a security mechanism in place to protect data, including technical, organizational, and personal measures; we demand the same level of protection from our processors.
9.3 The data storage center for your personal data used by Controller is located in Controller’s secured servers and IT systems primarily located in the Czech Republic.
10. IF YOU NEED ADDITIONAL INFORMATION OR WANT TO EXERCISE YOR RIGHTS
10.1 If you have any questions regarding the processing of your personal data or exercise of your rights associated with personal data, please contact us by calling (during working hours) (+420) 737 815 758 or emailing us at firstname.lastname@example.org, or write us at the Controller’s address hereinabove.
Business terms and conditions
These General Terms of Business (“Terms”) apply for purchases at the e-commerce site http://www.arthousehejtmanek.cz/cs/katalogy/, which is operated by Arthouse Hejtmánek galerie a aukční dům s.r.o., ID: 29149932, registered office at Goetheho 17/2, Prague 6, 160 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 203984.
These Terms govern the relationship between Purchaser and Seller with respect to sales of goods between Arthouse Hejtmánek, ID: 29149932, registered office at Goetheho 17/2, Prague 6, 160 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 203984 (“Seller”) and its commercial partners (“Purchaser”).
All contractual relationships are entered into in accordance with the Czech legal code. Upon submitting an order Purchaser confirms that they have become familiarized with these terms and conditions, of which the return policy is an integral part, and they consent with these terms. Purchaser has been notified of these terms and conditions sufficiently before making the order and has had opportunity to become familiarized with them.
Seller is (company) Arthouse Hejtmánek, ID: 29149932, registered office at Goetheho 17/2, Prague 6, 160 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 203984.
Purchaser is a consumer or businessperson.
A consumer is a natural person who, upon entering into and performing the Purchase Agreement with Seller, is not acting as part of their commercial or other business activities or as part of the independent performance of their profession. At the start of the commercial relationship, the consumer submits to Seller only their contact data necessary to seamlessly fulfill the order, if necessary including data that they want to have stated on the records of purchase.
The legal relations between Seller and the consumer not explicitly governed by these Terms are governed by the relevant provisions of Act 40/1964, Civil Code, and Act 634/1992, Consumer Protection Act, both as amended, and by associated regulations.
A businessperson is understood as:
- A person registered in the Commercial Register (an incorporated company);
- A person doing business on the basis of a license other than a trade license, in accordance with special regulations; and
- A person who is engaged in agricultural production and is registered in accordance with special regulations.
If Purchaser is a businessperson, legal relations between Seller and Purchaser not explicitly governed by these Terms or an Agreement between Seller and Purchaser, are governed by the relevant provisions of Act 513/1991, Commercial Code, as amended, and by associated regulations.
A separate agreement between Seller and Purchaser takes precedence over the terms and conditions.
3. Consumer Agreement
A Purchase Agreement, Contract for Work and Materials, or other agreement pursuant to the Civil Code, if the parties to the agreement are the consumer on one side and the supplier or Seller on the other side.
3. Processing personal data
All handling of Purchaser’s personal data is governed by Act 101/2000, on Personal Data Protection, as later amended, and other laws applicable in the Czech Republic. Upon their freely made decision (clicking a button), Purchaser demonstrates that they are aware of all the facts hereinabove and consents with the further processing of their personal data for the purposes of the e-commerce site operator’s commercial activities. The provision of personal data is voluntary. You have the right to access the data and your rights are protected in the scope stipulated by law. You may withdraw this consent at any time. Personal data will be fully secured against abuse. The data will be stored and will not be shared with third party applications.
By providing such personal data and by clicking on the confirmation icon, Purchaser voluntarily agrees that the data provided to the extent as filled in by them in the particular case or obtained about them based on the concluded Purchase Agreement or when browsing the operator’s website, be processed by Operator, whose data are stated in the Preamble of these conditions, as the controller for the purpose of offering services and products of the controller, sending information about the controller’s activities, including by electronic means (including but not limited to email, text messages, telemarketing) pursuant to Act 480/2004, until such consent is withdrawn (e.g., by sending a message to the email address: email@example.com). The controller may authorize a third party to process the personal data hereinabove as a processor. The controller hereby informs the data subject and provides them with explicit instructions on their rights arising from Act 101/2000, on the Protection of Personal Data.
If Purchaser wishes to correct the personal data that Operator or Seller processes about them, they may request this by emailing firstname.lastname@example.org or writing to the mailing address of Operator or Seller hereinabove.
4. Order and entrance into an agreement
Purchaser is entitled send an order to Seller only through the ordering system of the e-commerce site.
The placement of goods offered by Seller on the website represents a proposal to enter into a Purchase Agreement, but the Purchase Agreement is established upon the Purchaser–consumer sending the order and the Seller receiving the order. Seller promptly confirms this receipt to the Purchaser by informative email to the specified email address; however, such confirmation has no influence on the establishment of the Agreement. The resulting Agreement (including the agreed price) may be changed or annulled by agreement between the parties or on legal grounds.
These Terms have been prepared in the Czech language, and the Purchase Agreement may be concluded only in the Czech language. By confirming the order, a consumer who is domiciled in a European Union member state outside of the Czech Republic or who is a citizen of a European Union member state outside the Czech Republic, agrees to enter into the Purchase Agreement in the Czech language. After entering into the Purchase Agreement, it is not possible to ascertain whether errors arose during data processing before the order was placed, or to correct such errors.
5. Price and payment
The prices listed on Seller’s e-commerce site are contractual, final, always current and valid, for the period offered by Seller on the online site. Transport costs are listed in the “Delivery Time and Terms of Delivery” section. Purchaser bears the costs of using remote communications media. After the order form if completed, the final calculated price is shown including the carriage charges. The price listed for the goods at the time the goods are ordered by Purchaser applies as the price upon conclusion of the Agreement between Seller and Purchaser. The receipt based on the Purchase Agreement between Seller and the Purchaser also serves as the delivery note. In principle, Purchaser may take receipt of the goods only after they have been paid in full, unless otherwise agreed.
If Purchaser makes payment and Seller is subsequently unable to deliver the goods, Seller shall promptly return payment to Purchaser in an agreed manner. The deadline for reimbursement of the amount paid depends on the selected method of reimbursement; however, this must not exceed 30 days from the time this impossibility arose.
The goods remain the property of Seller until full payment has been made. Seller accepts the following payment conditions:
- Payment in cash upon collection in person
- Payment by card upon collection in person
- Payment via bank transfer
- Cash on delivery
6. Delivery time and terms of delivery
Seller delivers the goods by handing the goods over to Purchaser or by handing the goods over to the first carrier, thereby also transferring risk of damage to the item to Purchaser. Product availability is always given in the detail of the product. The delivery time is subject to product availability, terms of payment, and terms of delivery, and is no more than 14 days. In normal cases, we dispatch goods within 14 working days from payment of the full purchase price. The final delivery date is always stated in the email confirming the order. Installation of the purchased goods is not included in the delivery. Purchaser will receive a receipt/invoice together with the consignment.
The delivery time for goods to be paid by Purchaser upon receipt, i.e., cash on delivery, starts on the date on which the Purchase Agreement under Article IV of these Terms was entered into with full effect. If Purchaser has chosen a different payment method than payment on delivery, the delivery time will start to elapse upon full payment of the purchase price, i.e., when the respective sum is credited to Seller’s account.
Seller accepts the following delivery conditions:
- Collection in person
- Czech Post parcel
If goods are exchange within 14 days of purchase of the goods, Purchaser is charged the cost of postage for each individual dispatch of goods to Purchaser.
If the Purchaser returns the goods to Seller within 14 days, Purchaser shall bear the cost of postage.
7. Warranty and servicing
The warranty period for the sale of consumer goods is 24 months.
The warranty does not cover wear and tear caused by normal use.
For items sold at a lower price, the warranty does not cover defects due to which the lower price was agreed.
To claim a warranty repair, it is necessary to present the purchase document (receipt, invoice). If the goods are sent to Seller, the goods must be packed for transport in a manner that prevents damage from occurring during transport.
Seller does not provide after-warranty service to Purchasers.
8. Return policy
If a defect occurs during the warranty period, Purchaser has the following rights when submitting the warranty claim, depending on the nature of the defect:
For removable defects:
a) Right to free, proper and timely removal of the defect;
b) Right to exchange the defective goods or defective parts, unless disproportionate given the nature of the defect;
c) If the procedures in (a) and (b) are impossible, Purchaser has the right to a commensurate discount from the purchase price or to withdraw from the Purchase Agreement.
For irremovable defects:
a) Right to exchange the defective goods or to withdraw from the Purchase Agreement.
For removable defects, if Purchaser cannot duly enjoy the item due to repeated post-repair defects (i.e., the goods were submitted for a warranty claim three times due to the same defect) or a larger number of defects: a) Right to exchange the defective goods or to withdraw from the Purchase Agreement.
If it concerns another irremovable defect and the consumer does not demand the item be exchanged:
a) Right to a commensurate discount from the purchase price or to withdraw from the Purchase Agreement.
Warranty claims may be made at the Seller’s registered office.
Complaints do not apply in cases where:
- the defect or damage arose demonstrably from misuse, in violation of the instructions for use, or from other misconduct by the Purchaser;
- demonstrable tampering with the goods;
- defects caused by normal wear and tear of consumer goods with a specified period of use under special legal regulations, if such a complaint is made after this period;
- defects caused by natural disasters.
9. Termination of the Agreement
Due to the nature of the conclusion of the Purchase Agreement by means of remote communication, the Purchaser has the right to withdraw from this Agreement without any penalty within 14 days of receipt of the goods. Withdrawal from the Purchase Agreement must be demonstrably delivered within 14 days of receipt of the goods to the address of business. Before sending the goods, Purchaser must inform Seller by phone or email of their withdrawal from the purchase agreement. The goods must be returned to Seller within 30 days of sending the withdrawal from the agreement to Seller.
If Seller cancels the order, they usually state the reason why the order cannot be confirmed.
Furthermore, Purchaser who is a consumer has the right to withdraw from the Agreement in accordance with the provisions of Section 53(7) and (8) of Act 40/1964, Civil Code, as amended.
In the event of withdrawal from the Agreement hereinabove, Seller will send the purchase price to Purchaser’s bank account, which Purchaser shall communicate to Seller for this purpose.
Seller has the right to withdraw from the Agreement if Purchaser fails to pay the full purchase price within 30 days of the date on which the Purchase Agreement was concluded.
10. Final Provisions
Purchaser enables Seller to fulfil their obligations in accordance with the Offer/Agreement and provide all necessary cooperation for this.
Purchaser undertakes to cover all costs incurred by Seller to send dunning letters and costs related to the recovery of any debts.
Purchaser acknowledges that Seller is entitled to assign its claim under the Agreement to a third party.
Purchaser will promptly inform Seller of changes to their identification data within 5 working days of the date such a change occurs.
Parties undertake to devote their best efforts to settle all disputes arising from or in connection with the Agreement and/or Terms.
The contracting parties’ mutual contractual obligations are governed by the legal code of the Czech Republic, especially Act 40/1964, Civil Code, as amended. For the purpose of contracts with an international element, in accordance with Article III of Regulation No. 593/2008, on the law applicable to contractual obligations adopted by the European Parliament and the Council of the European Union on 17 June 2008 (“Rome I”), the parties have chosen Czech law as the law applicable to the Purchase Agreement and these Terms, excluding the application of the “United Nations Convention on Contracts for the International Sale of Goods”. This choice is without prejudice to Article VI of Rome I, concerning consumer contracts.
If any provision of the Agreement and/or Terms is, becomes or is found to be invalid or unenforceable, this shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or Terms. In such cases, the contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which will, to the maximum extent, have the same meaning and effect as permitted by legal regulations as the intention of the provision to be replaced. The contracting parties hereby declare out of legal caution that in cases of contracts with an international element, any disputes (except for disputes in respect of which an arbitrator has exclusive jurisdiction and/or in connection with them) or cases where it has been found that there is no jurisdiction of an arbitrator under this article of the Terms, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, the exclusive jurisdiction of the Municipal Court in Prague is agreed for ruling on any future disputes arising from the Agreement and/or Terms and/or in connection with them. The contracting parties also hereby establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the Agreement and Terms (with the exception of disputes in which the arbitrator has exclusive jurisdiction and/or in connection with them).
These Terms come into force and effect on 1 January 2016 and are also available on the Seller’s website. The Seller is entitled to change these Terms at any time, in which case the Terms expire on the day the later Terms go into effect.