Terms of personal data protection
I. Basic provisions
1. The controller of personal data pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR") shall be ……. IČ …… with registered office… .. (hereinafter referred to as: "administrator").
2. The contact details of the administrator are
Address:
E-mail:
Phone:
3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The controller has not appointed a data protection officer. The contact details of the commissioner are:
II. Sources and categories of personal data processed
1. The administrator processes the personal data that you have provided to him or the personal data that the administrator has obtained on the basis of the fulfillment of your order.
2. The administrator processes your identification and contact data and the data necessary for the performance of the contract.
III. Legal reason and purpose of personal data processing
1. The legal reason for processing personal data is
performance of the contract between you and the administrator pursuant to Article 6, paragraph 1, letter b) GDPR,
the legitimate interest of the administrator in the provision of direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1) (a) f) GDPR,
Your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1) (a) a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered.
2. The purpose of processing personal data is
settlement of your order and exercise of rights and obligations arising from the contractual relationship between you and the administrator; when ordering, personal data are required, which are necessary for successful processing of the order (name and address, contact), provision of personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data it is not possible to conclude the contract or perform it by the administrator,
sending business messages and doing other marketing activities.
3. There is no / individual automatic decision-making by the administrator within the meaning of Article 22 of the GDPR. You have given your express consent to such processing.
IV. Data retention period
1. The controller shall store personal data
for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims under these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
until the consent to the processing of personal data for marketing purposes is revoked, no longer than…. years if personal data are processed on the basis of consent.
2. After the expiry of the retention period of personal data, the controller shall delete the personal data.
V. Recipients of personal data (subcontractors of the controller)
1. The recipients of personal data are persons
involved in the supply of goods / services / execution of payments on the basis of a contract,
providing e-shop operation services (Shoptet) and other services in connection with e-shop operation,
providing marketing services.
2. The controller does not intend to transfer personal data to a third country (a non-EU country) or to an international organization. Recipients of personal data in third countries are mailing / cloud service providers.
VI. Your rights
1. Under the conditions set out in the GDPR you have
the right of access to their personal data pursuant to Article 15 of the GDPR,
the right to correct personal data pursuant to Article 16 of the GDPR, or restrictions on processing pursuant to Article 18 of the GDPR.
the right to delete personal data pursuant to Article 17 of the GDPR.
the right to object to the processing pursuant to Article 21 of the GDPR a
the right to data portability according to Article 20 of the GDPR.
the right to withdraw the consent to processing in writing or electronically to the address or email of the administrator specified in Article III of these conditions.
2. You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
VII. Terms of personal data security
1. The controller declares that he has taken all appropriate technical and organizational measures to secure personal data.
2. The controller has taken technical measures to secure data repositories and personal data repositories in paper form, in particular…
3. The controller declares that only persons authorized by him have access to personal data.
VIII. Final Provisions
1. By sending the order from the online order form, you confirm that you are familiar
to confirm the order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm our offer.
In the event that a manifestly incorrect Price is stated within the E-shop or in the draft Order, we are not obliged to deliver the Goods to you for this Price even if you have received an order confirmation and the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the New Agreement is concluded when you confirm our offer. In the event that you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or remaining.
In the event that the Contract is concluded, you are obliged to pay the Total Price.
If you have set up a User Account, you can place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
In some cases, we allow you to take advantage of a discount on the purchase of the Goods. To provide a discount, you must fill in the details of this discount in a predetermined field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.
User account
collection We will inform the goods via e-mail.
After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and in case of any defects to immediately notify the carrier and Us. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier.
In the event that you breach your obligation to take over the Goods, except in cases pursuant to Art. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier. Conditions, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Agreement between Us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Price for transport, or the right to compensation for damage, if any.
If, for reasons arising on your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. Payment details for the payment of these costs will be sent to your e-mail address specified in the Agreement and are due 14 days after delivery of the e-mail.
Dangerous damage to the Goods passes to you the moment you take it over. In the event that you do not take over the Goods, except in cases pursuant to Art. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier. Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the Goods.
In the event that the Goods were not listed in the E-shop as in stock and the approximate availability time was stated, we will always inform you in the case of:
extraordinary outage of production of the Goods, while we will always inform you of the new expected time of availability or information that it will not be possible to deliver the Goods;
delay in delivery of Goods from our supplier, while we will always inform you of the new expected delivery time.
In the event that we are unable to deliver the Goods to you within 30 days of the expiry of the delivery time of the Goods specified in the Order confirmation, for any reason, We and you are entitled to withdraw from the Contract.
RIGHTS FROM DEFECTIVE PERFORMANCE
We guarantee that at the time of the transfer of the risk of damage to the Goods pursuant to Article. The dangerous damage to the Goods passes to you at the moment you take it over. In the event that you do not take over the Goods, except in cases pursuant to Art. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier. Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the Goods. Conditions, the Goods are free of defects, in particular that:
has the features that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
is suitable for the purposes we have stated or for the purposes which are usual for Goods of this type;
corresponds to the quality or design of the agreed sample, provided that the quality or design has been determined on the basis of the sample;
is in the appropriate quantity and weight;
meets the legal requirements;
is not encumbered by the rights of third parties.
In the event that the Goods are defective, especially if any of the conditions under Article 1 are not met, we guarantee that at the time of the transfer of the risk of damage to the Goods according to Article. In the event that you do not take over the Goods, except in cases pursuant to Art. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier. Conditions
nek, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the Goods. The Conditions are Goods without defects, especially that :, you can notify us of such a defect and exercise the rights arising from defective performance (ie claim the Goods) by sending an e-mail or letter to Our addresses listed in our identification data. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you can not subsequently, except in cases under Article. If the defective performance is a material breach of the Agreement, you have the following rights: without our consent. We will handle complaints in accordance with the right you have exercised from defective performance. In the event that you do not choose the solution of the defect, you have the rights specified in Article. If the defective performance is an insignificant breach of the Contract, you have the following rights:
If the defective performance is a material breach of the Agreement, you have the following rights:
to eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods;
to eliminate the defect by repairing the Goods;
for a reasonable discount from the Price;
to withdraw from the Agreement.
If you choose the solution according to points a) or b) and We do not remove the defect in this way within a reasonable period of time, which we have stated, or we inform you that we will not eliminate the defect at all in this way, you have the rights under points c) and d), even if you originally not requested in the complaint. At the same time, if you choose to eliminate the defect by repairing the Goods and we find that the defect is irreparable, we will notify you and you can choose another way to eliminate the defect.
If the defective performance is a minor breach of contract, you have the following rights:
to eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods;
to eliminate the defect by repairing the Goods;
for a reasonable discount from the Price.
However, if we do not eliminate the defect in time or refuse to eliminate the defect, you have the right to withdraw from the Contract. You may also withdraw if you are unable to use the Goods properly due to the recurrence of defects after repair of the Goods or in the event of a large number of defects in the Goods.
In the event of a material or insignificant breach, you may not withdraw from the Contract or request the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
if the condition of the Goods has changed as a result of an inspection in order to detect a defect;
if the Goods have been used before the defect is discovered;
if the impossibility of returning the Goods in the unaltered state was not caused by your actions or your omissions,
if, prior to the discovery of the defect, the Goods are sold, consumed or altered in normal use; however, if this has occurred only in part, it is your duty to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of part of the Goods.
Within three days of receiving the complaint, we will confirm to your e-mail address that we received the complaint, when we received it and the expected duration of the complaint. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by mutual agreement. If the period expires in vain, you can withdraw from the Agreement.
We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of expediently incurred costs. You are obliged to prove these costs, eg by receipts or receipts for the price of transport. In the event that the defect has been eliminated by delivery of new Goods, it is your duty to return the original Goods to Us, but the costs of such return shall be borne by We.
The exercise of rights arising from defective performance and claims for action is governed by the provisions of §1810 et seq., §1820 et seq. and §2099 et seq. Civil Code and the Consumer Protection Act.
If you are an entrepreneur, it is your duty to report and criticize the defect without undue delay after you have been able to find it, but no later than within three days of receipt of the Goods.
If you are a consumer, you have the right to exercise the rights arising from defective performance in the event of a defect that occurs in the consumer Goods within 24 months of receipt of the Goods.
The provisions on the right of defect do not apply in the case of:
Goods that are sold at a lower Price, for a defect for which a lower Price has been agreed;
wear and tear of the Goods caused by their normal use;
the Goods used for a defect corresponding to the degree of use or wear and tear that the Goods had when you took them over;
when it follows from the nature of the Goods.
withdrawal from the contract
Withdrawal from the Contract, ie the termination of the contractual relationship between Us and you from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.
In the event that you are a consumer, ie a person purchasing the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days in accordance with the provisions of §1829 of the Civil Code.
from the date of delivery of the Goods. In the event that we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period begins to run on the day of delivery of the last part of the Goods, and if we have entered into a Contract under which we will deliver the Goods to you regularly and repeatedly. , begins on the day of delivery of the first delivery. You may withdraw from the Agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed under Our identification data). To withdraw, you can also use the sample form provided by Our side, which forms.
However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:
Goods, the Price of which depends on fluctuations in the financial market independently of Our will and may occur during the period for withdrawal from the Contract;
delivery of alcoholic beverages, which can be delivered only after thirty days and their price depends on fluctuations in the financial market independent of Our will;
Goods that have been modified according to your wishes or for your person;
Perishable goods and Goods that have been irretrievably mixed with another after delivery;
Goods in a closed package which have been removed from the package and cannot be returned for hygienic reasons;
delivery of an audio or video recording or computer program if the original packaging has been broken;
delivery of newspapers, periodicals or magazines;
delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the period for withdrawal from the Contract and We have informed you that you do not have the right to withdraw from the Contract.
Withdrawal period according to Art. If you are a consumer, ie a person buying the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with § 1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period begins to run on the day of delivery of the last part of the Goods, and if we have entered into a Contract under which we will deliver the Goods to you regularly and repeatedly. , begins on the day of delivery of the first delivery. You may withdraw from the Agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed under Our identification data). To withdraw, you can also use the sample form provided by Our side, which forms Annex No. 2 to the Conditions. The Terms and Conditions shall be deemed to have been complied with if you send us a notice during the Termination that you are withdrawing from the Agreement.
In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected withdrawal from the Contract. However, the amount will not be refunded until you return the Goods to Us or prove that it has been sent back to Us. Please return the goods to us clean, if possible including the original packaging.
In case of withdrawal from the Contract according to Art. In case you are a consumer, ie a person buying the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery. In the event that we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period begins to run on the day of delivery of the last part of the Goods, and if we have entered into a Contract under which we will deliver the Goods to you regularly and repeatedly. , begins on the day of delivery of the first delivery. You may withdraw from the Agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed under Our identification data). To withdraw, you can also use the sample form provided by Our side, which forms Annex No. 2 to the Conditions. Under the conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. On the other hand, you are entitled to a refund of the Price for transport, but only in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered for the delivery of the Goods. In the event of withdrawal due to the fact that We violate the concluded Contract, we also pay the costs associated with returning the goods to Us, but again only up to the price of transport in the amount corresponding to the cheapest offered method of delivery of Goods, which we offered when delivering Goods.
You are liable to us for damage in cases where the Goods will be damaged as a result of your handling of them differently than it is necessary to handle them with regard to its nature and properties. In such a case, we will bill you for the damage caused after the Goods are returned to Us and the due amount of the invoiced amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons based on the nature of the Goods)
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