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Terms and Conditions - virtual marketplace services
- Key concepts:
- Terms and Conditions - these general terms and conditions.
- Provider - Ateli, s.r.o., IČ 29157013, with its registered office at Moravská 854/2, Doubravka, 312 00 Pilsen, Czech Republic, entered in the Commercial Register of the Regional court of West Bohemia Plzen, Section C, number 27472.
- User - natural person who concludes a contract for services with the provider
- Contract for services - a contract concluded between the provider and a user for the provision of services.
- Civil code - Law no. 89/2012 Coll., civil code, and its subsequent amendments
- Services - arising from the contract for services, specified in the part 2 of the terms and conditions
- User account - virtual environment which is provided by the provider on the basis of a contract for services
- User´s electronic address - an email address given by a user and written in the registration form
- Helpdesk - a point of contact for users, firstname.lastname@example.org
1. INTRODUCTORY PROVISIONS
- 1.1 In accordance with the provision § 1751, paragraph 1 of the Civil Code, the provider's general terms and conditions provide for reciprocal rights and obligations of contracting parties arising from a contract for services concluded between the provider and a user.
- 1.2 The provider provides services via virtual environment which is available at www.postovne zdarma.cz.
- 1.3 The general terms and conditions apply to users who may be: a natural person (who does not pursue any commercial activities) or a legal person, or a person who pursues their commercial activities
- 1.4 It is possible to negotiate different provisions from those stated in the general terms and conditions. Any divergent provisions stated in a contract for services shall take precedence over the provisions stated in the general terms and conditions.
- 1.5 The provisions of the general terms and conditions are integral parts of a contract for services. The general terms and conditions are drawn up in the Czech language. A contract for services is concluded in the Czech language.
- 1.6 The provider reserves the right to change or modify the general terms and conditions. The rights and obligations arising from the precedent general terms and conditions shall not be influenced by that modification.
- 2.1 On the basis of a contract for services, the provider provides a user with following services:
- a) opening of a user account
- b) user account management
- c) user account services
- d) information related to the www.postovnezdarma.cz virtual marketplace services
- 2.2 All information concerning particular services is referred to in these general terms and conditions or in a user account. A range of services may differ.
- 2.3 On the basis of a contract for services, the provider reserves the right to provide only some of the services stated in part 2.1 of the general terms and conditions.
3. USER ACCOUNT
- 3.1 On the basis of a proper registration, the provider provides a user with a part of the virtual environment - user account. The user is then obliged to respect the general terms and conditions and other internal rules.
- 3.2 A user is obliged to provide real and truthful information when registering. All information must be updated when a change occurs. The provider considers the information proper. The provider is not responsible for any damage which arises from incorrect information provided by a user.
- 3.3 A user completes an order form or a registration form when registering. The provider reserves the right to open a limited version of the user account, which does not contain the complete range of services, when registering via an order form. The provider reserves the right to demand and provide a user with further information which is necessary for the fulfillment of obligations arising from the applicable law and from the concluded contractual relationship.
- 3.4 There are several types of a user account:
- a) shopping
- b) selling
- c) logistic
- d) affiliate
- e) individual (specific activities)
- 3.5 It is possible for a user to check and change information prior to sending a form. The form is sent by clicking the “Continue” button. All information provided by a user is then considered correct.
- 3.6 The provider then confirms opening of a user account.The registration is considered proper under the arrangements laid down in part 3.1.
- 3.7 The access to a user account is protected by a username and a password. A user is obliged to keep the information related to their username and password confidential.
- 3.8 A user is not allowed to provide third persons with their user account.
- 3.9 If a user infringes their obligations arising from a contract for services, the provider is allowed to delete their user account.
- 3.10 A user acknowledges that their user account does not have to be accessible continuously (for example due to maintenance of software and hardware system)
4. CONCLUSION OF A CONTRACT FOR SERVICES
- 4.1 The presentation of services which can be found in the virtual environment (including a user account) is for information purposes only. The provider is not obliged to conclude a contract for services as regards those services. The provision § 1732 paragraph 2 of the Civil Code shall not be applied.
- 4.2 The services provided by the provider on the basis of a contract for services are free of charge. However, it is possible to conclude a contract for pecuniary interest between the provider and a user on individually negotiated terms.
- 4.3 A contractual relationship between the provider and a user is a result of a proper registration in accordance with part 3.6 of these general terms and services.
- 4.4 A user consents to the money safekeeping by concluding the contract for services.
- 4.5 A user consents to the use of means of communication when concluding a contract for services. The user is obliged to bear any costs incurred when using means of communication in connection with a conclusion of a contract for services.
- 5.1 A user has the right of withdrawal at any time.The provider reserves the right to handle the withdrawal within a reasonable period which is adequate in consideration of the type of the user account. The period may prolong if there are some commitments between the provider and a user.
- 5.2 A user is allowed to use a model withdrawal form provided by the provider. The form is annexed to the general terms and conditions. The withdrawal can be submitted via helpdesk.
- 5.3 In case of withdrawal, the contract for services is eliminated. If it is possible, the contractual parties return a tendered performance within a period of 14 days of the withdrawal. If a user submits the withdrawal, they bear costs associated with the return of tendered performance. The place for the return of tendered performance is the provider's main office.
6. DEFECTIVE PERFORMANCE
- 6.1 The provider respects the rules associated with the rights and obligations arising from a defective performance in accordance with the provisions: § 1914 - 1925, § 2099 - 2117 and § 2161 - 2174 of the Civil Code and with the Law no. 634/1992 Coll., on Consumer protection, and its subsequent amendments. The provider considers adequacy of the rights and obligations arising from the defective performance.
- 6.2 The rights concerning the liability for defects are exercised via helpdesk or in the provider´s main office.
- 6.3 The provider is obliged to issue a confirmation which contains - the date of complaint, the reason of complaint, how the user wants the complaint to be handled, how the complaint was handled or as the case may be the reason to reject the complaint. The confirmation is sent via helpdesk.
- 6.4 A user informs the provider of the right they chose when notifying a defect. It is not possible to change the choice without the consent of the provider.
7. OTHER RIGHTS AND OBLIGATIONS
- 7.1 The provider is not bound by any code of conduct for the purposes of the provision § 1826 paragraph 1 e) of the Civil Code.
- 7.2 The complaint handling is ensured via helpdesk. A user is informed via email.
- 7.3 The Czech Trade Inspection Authority, with its registered office at 567/15 Štěpánská, 120 00 Praha 2, IČ: 000 20 869, the website address: https://adr.coi.cz/cs plays a role of the competent authority in the case of extrajudicial dispute resolution ( if it is possible and adequate). It is also possible to use the http://ec.europa.eu/consumers/odr platform which may provide support to the resolution of disputes arising from a contract for services concluded between the provider and a user.
- 7.4 The European Consumer Centre Czech Republic, with its registered office at 567/15 Štěpánská, 120 00 Praha 2, website address : https://evropskyspotrebitel.cz/en/ shall function as a point of contact ( if it is possible and adequate) pursuant to the Regulation of the European Parliament and of the Council 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 consumer ODR).
- 7.5 A user consents to the processing of personal data conditions by concluding a contract for services.
- 7.6 If neccessary that a customs procedure takes place in the process of delivery of the consignment between users by concluding a contract for services the user also authorizes the provider to represent him in customs proceedings to the extent, of all necessary acts for the release of goods for free circulation respectively, authorized third parties in particular postal service operators to perform these acts on behalf of the user. These include in particular representation in customs proceedings payment of the customs debt and possibly other fees related to the customs procedure.
8. REFUND BONUS PROGRAM
- 8.1 A user-buyer takes into consideration that they have the possibility to accept a refund by way of a voucher for the next purchase in the case of withdrawal ( pursuant to the arrangements laid down in the provision § 1832 paragraph 1, the Law no. 89/2012 Coll). The user-buyer consents to the fact that the voucher value shall be higher than original performance.
- 8.2 A user shall be sent the conditions of use of vouchers.
- 8.3 The refund adding value is determined individually.
- 9.1 It can take place via email.
10. FINAL PROVISIONS
- 10.1 If a contractual relationship based on a contract for services contains an international element, the parties consent to the fact that the relationship is governed by the Czech law. However, a user shall not be deprived from the protection granted by the legal provisions which cannot be derogated from by agreement and which would be applied ( in the case of the absence of choice) in accordance with the Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC) no 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- 10.2 If a provision of the general terms and conditions becomes invalid or ineffective, a provision whose meaning can be considered the most similar enters into force. Validity of other provisions is not influenced by invalidity or by ineffectiveness of a provision.
- 10.3 A contract for services is archived by the provider in electronic form. The archives are not accessible.
- 10.4 A model withdrawal form can be found as an annex of the general terms and conditions.The form was created based on the model published by the Czech Trade Inspection Authority. A user is allowed to use another way of notification provided that the notification contains the information which is necessary to handle it.The notification is supposed to be sent via helpdesk.
- 10.5 The provider´s contact details can be found in the “Key concepts” part.