TERMS AND CONDITIONS
CALL, spol. s r. o.
with registered office at Lucemburská 2434/17, 130 00, Praha 3
company ID: 411 95 795
company entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 4691, for the sale of goods via the on-line shop located at the internet address nfcmix.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the "terms and conditions") of the trading company CALL, spol. s r. o., with registered office at Lucemburská 2434/17, company ID: 411 95 795, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 4691 (hereinafter the "seller") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "purchase contract") concluded between the seller and another natural or legal person (hereinafter the "buyer") via the seller's online shop. The online shop is operated by the seller at the internet address nfcmix.cz, via a web interface (hereinafter the "shop web interface").
1.2. The terms and conditions further govern the rights and obligations of the contracting parties when using the seller's website located at the address nfcmix.cz (hereinafter the "website") and other related legal relationships. The terms and conditions do not apply to cases where a person intending to purchase goods from the seller acts, when ordering the goods, within the scope of their business activity.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
2. USER ACCOUNT
2.1. On the basis of the buyer's registration carried out on the website, the buyer can access their user interface. From their user interface the buyer can place orders for goods (hereinafter the "user account"). Where the shop web interface allows it, the buyer can also order goods without registration, directly from the shop web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data given in the user account whenever it changes. The data given by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.
2.4. The buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, in particular where the buyer has not used their user account for more than 2 years, or where the buyer breaches their obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, particularly with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The shop web interface contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are stated including value added tax and all related charges. The offer to sell goods and the prices of these goods remain valid for the period during which they are displayed in the shop web interface. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All offers to sell goods placed in the shop web interface are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods.
3.2. The shop web interface also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the shop web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the buyer fills in the order form in the shop web interface. The order form contains in particular information about:
- the goods being ordered (the buyer "places" the ordered goods into the electronic shopping basket of the shop web interface),
- the method of paying the purchase price of the goods, details of the requested method of delivery of the ordered goods, and
- information about the costs associated with the delivery of the goods (hereinafter jointly the "order").
3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered into the order, also 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 the "Send order" button. The data given in the order is considered correct by the seller. The seller, immediately after receiving the order, confirms this receipt to the buyer by electronic mail, to the buyer's electronic mail address given in the user interface or in the order (hereinafter the "buyer's electronic address").
3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, anticipated transport costs), to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
3.6. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by electronic mail, to the buyer's electronic mail address.
3.7. The buyer acknowledges that the seller is not obliged to conclude a purchase contract, in particular with persons who have previously materially breached a purchase contract (including the terms and conditions).
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of the internet connection, costs of telephone calls) are borne by the buyer themselves.
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:
in cash at the seller's premises at Lucemburská 2434/17, 130 00, Praha 3;
in cash, cash on delivery, at the place specified by the buyer in the order;
by cashless transfer to the seller's account no. 2000325154/2010, held at Fio banka, a. s. (hereinafter the "seller's account");
4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price is hereinafter understood to include also the costs associated with the delivery of the goods.
4.3. In the case of payment in cash or payment cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of conclusion of the purchase contract.
4.4. In the case of cashless 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 cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.5. The seller is entitled, in particular where the buyer fails to provide additional confirmation of the order (Art. 3.5), to require payment of the entire purchase price before the goods are dispatched to the buyer.
4.6. Any discounts on the price of goods granted by the seller to the buyer cannot be combined with one another.
4.7. If it is customary in commercial dealings or if so stipulated by generally binding legal regulations, the seller will issue a tax document – invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is a value added tax payer. The seller will issue the tax document – invoice – to the buyer after payment of the price of the goods and will send it in electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that, pursuant to the provision of Section 53(8) of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), it is not possible, among other things, to withdraw from a purchase contract for the supply of goods adjusted according to the buyer's wishes, as well as goods subject to rapid deterioration, wear or obsolescence, from a purchase contract for the supply of audio and video recordings and computer programs if the consumer has broken their original packaging, and from a purchase contract for the supply of newspapers, periodicals and magazines.
5.2. If it is not a case referred to in Art. 5.1 or another case where withdrawal from the purchase contract is not possible, the buyer has, in accordance with the provision of Section 53(7) of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. The withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller's premises or to the seller's electronic mail address obchod@nfcmix.cz.
5.3. In the case of withdrawal from the contract pursuant to Art. 5.2 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within 10 working days of sending the withdrawal from the contract to the seller. If the buyer breaches the obligation under the previous sentence, the seller is entitled to a contractual penalty of CZK 100 (in words: one hundred Czech crowns) for each day of delay, but at most up to the amount of the purchase price of these goods. This provision is without prejudice to the right to compensation for any damage arising from the breach of the obligation covered by the contractual penalty, even where the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.
5.4. Within ten (10) days of the return of the goods by the buyer pursuant to Art. 5.3 of the terms and conditions, the seller is entitled to examine the returned goods, in particular to determine whether the returned goods are not damaged, worn or partly consumed.
5.5. In the case of withdrawal from the contract pursuant to Art. 5.2 of the terms and conditions, the seller will return the purchase price (excluding the costs incurred for the delivery of the goods) to the buyer no later than ten (10) days after the end of the period for examining the goods pursuant to Art. 5.4 of the terms and conditions, by cashless transfer to the account specified by the buyer. The seller is also entitled to return the purchase price in cash already upon the return of the goods by the buyer.
5.6. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partly consumed, the seller has a claim against the buyer for compensation for the damage thereby incurred. The seller is entitled to set off the claim for compensation for the damage incurred unilaterally against the buyer's claim for the return of the purchase price. Likewise, the seller is entitled to set off the claim for the contractual penalty pursuant to Art. 5.3 of the terms and conditions unilaterally against the buyer's claim for the return of the purchase price.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the purchase contract. Where the method of transport is agreed on the basis of the buyer's request, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. Where the seller is, under the purchase contract, obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the buyer fails to take delivery of the goods upon delivery, the seller is entitled to require a storage fee of CZK 100 (in words: one hundred Czech crowns) and is further entitled to withdraw from the purchase contract.
6.3. Where, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
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, to report this immediately to the carrier. In the event of detection of a breach of the packaging indicating unauthorised intrusion into the consignment, the buyer need not take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all conditions and requirements, and no account can be taken of any later complaint regarding a breach of the consignment packaging.
6.5. Further rights and obligations of the parties in the transport of goods may be governed by the seller's delivery terms.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provision of Section 612 et seq. of the Civil Code).
7.2. The seller is liable to the buyer that the item sold is in conformity with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the item sold has the quality and usable characteristics required by the contract, described by the seller, manufacturer or their representative, or expected on the basis of the advertising carried out by them, or the quality and usable characteristics usual for an item of such a kind; that it complies with the requirements of legal regulations, is in the corresponding quantity, measure or weight, and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.
7.3. Where the item, upon receipt by the buyer, is not in conformity with the purchase contract (hereinafter "conflict with the purchase contract"), the buyer has the right to have the seller bring the item, free of charge and without undue delay, into the state corresponding to the purchase contract, according to the buyer's request either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before receiving the item or caused the conflict with the purchase contract themselves. A conflict with the purchase contract that manifests itself within six (6) months of the day of receipt of the item is deemed to be a conflict existing already at the time of its receipt, unless this is contrary to the nature of the item or unless the contrary is proven.
7.4. Unless these are items that deteriorate quickly or used items, the seller is liable for defects that manifest themselves as a conflict with the purchase contract after receipt of the item within the warranty period (warranty).
7.5. The buyer exercises the rights arising from the seller's liability for defects, including the seller's warranty liability, with the seller at the address of its premises Lucemburská 2434/17, 130 00, Praha 3.
8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The buyer acknowledges that the software and other components forming the shop web interface (including the photographs of the goods offered) are protected by copyright. The buyer undertakes not to carry out any activity that could enable them or third parties to interfere with or use, without authorisation, the software or other components forming the shop web interface.
8.3. The buyer is not entitled, when using the shop web interface, to use mechanisms, software or other procedures that could have a negative effect on the operation of the shop web interface. The shop web interface may be used only to an extent that is not detrimental to the rights of the seller's other customers and that is in accordance with its purpose.
8.4. The seller is not bound, in relation to the buyer, by any codes of conduct within the meaning of the provision of Section 53a(1) of the Civil Code.
8.5. The buyer acknowledges that the seller is not liable for errors arising as a result of interventions by third parties in the website or as a result of the use of the website contrary to its purpose.
9. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL COMMUNICATIONS
9.1. The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, electronic mail address, and telephone number (hereinafter jointly all of it as "personal data").
9.3. The buyer agrees to the processing of the personal data by the seller, for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of sending information and commercial communications to the buyer.
9.4. The buyer acknowledges that they are obliged to state their personal data (during registration, in their user account, when placing an order from the shop web interface) correctly and truthfully, and that they are obliged to inform the seller, without undue delay, of any change in their personal data.
9.5. The seller may entrust the processing of the buyer's personal data to a third party, as a processor. Apart from persons transporting the goods, the personal data will not be passed on by the seller to third parties without the buyer's prior consent.
9.6. The personal data will be processed for an indefinite period. The personal data will be processed in electronic form by automated means or in printed form by non-automated means.
9.7. The buyer confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is voluntary. The buyer declares that they have been informed that they can revoke their consent to the processing of personal data in relation to the seller by means of a written notice delivered to the seller's address.
9.8. Should the buyer believe that the seller or the processor (Art. 9.5) is carrying out the processing of their personal data in a manner contrary to the protection of the buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, they may:
- ask the seller or the processor for an explanation,
- require that the seller or the processor remedy the situation thus arising. In particular, this may concern blocking, correction, supplementation or destruction of the personal data. If the buyer's request under the previous sentence is found to be justified, the seller or the processor will remedy the defective situation without delay. If the seller or the processor does not comply with the request, the buyer has the right to turn directly to the Office for Personal Data Protection. This provision is without prejudice to the buyer's right to turn with their initiative to the Office for Personal Data Protection directly.
9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide them with this information. The seller has the right, for the provision of the information under the previous sentence, to require a reasonable payment not exceeding the costs necessary to provide the information.
9.10. The buyer agrees to the sending of information related to the goods, services or business of the seller to the buyer's electronic address, and further agrees to the sending of commercial communications by the seller to the buyer's electronic address.
9.11. This site uses remarketing in the Google Analytics service. Third-party providers, including Google, display advertisements on the internet on various sites. NFCmix.com and third-party providers, including Google, jointly use first-party cookies (the Google Analytics cookie) and third-party cookies (the DoubleClick cookie) to disseminate information, optimise and display advertisements based on previous visits to the site. Visitors can opt out of Google Analytics for advertising in the display network and can personalise advertisements in the Google display network using the Ads Settings Manager.
10. DELIVERY OF CORRESPONDENCE
10.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered post via a provider of postal services (at the sender's choice). The buyer is delivered to at the electronic mail address given in their user account.
10.2. A message is delivered:
- in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be secured by a certificate,
- in the case of delivery in person or via a provider of postal services, by the addressee taking receipt of the consignment,
- in the case of delivery in person or via a provider of postal services, also by refusal to take receipt of the consignment, if the addressee (or the person authorised to take receipt of the consignment on their behalf) refuses to take receipt of the consignment,
- in the case of delivery via a provider of postal services, upon the expiry of a period of ten (10) days from the storage of the consignment and the issuing of the relevant notice to the addressee to take receipt of the stored consignment, if the consignment is stored with the provider of postal services, even where the addressee did not learn of the storage.
11. FINAL PROVISIONS
11.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights arising from generally binding legal regulations.
11.2. The seller is entitled to sell goods on the basis of a trade licence, and the seller's activity is not subject to other authorisation. Trade supervision is carried out, within the scope of its competence, by the relevant trade licensing office.
11.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provisions shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and amendments to the purchase contract or terms and conditions require written form.
11.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.5. The seller's contact details: address for delivery Lucemburská 2434/17, 130 00, Praha 3, electronic mail address obchod@nfcmix.cz, telephone 242 449 812.
In Prague, on 1 November 2012