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- The rights and obligations arising from these conditions concern natural and legal persons who concluded a contract for services with 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.
- Key concepts:
- Marketplace conditions - more information can be found here.
- Authorized person - natural or legal person who concluded a contract for services with the provider (user account - Supplier) under the arrangements laid down in the General Terms and Conditions - virtual marketplace services
- Safekeeping conditions - the rules contained in this document. If the document does not contain the rules which are necessary to make a payment, it is possible to apply the conditions negotiated between the authorized person and the depositor.
- Nominee account - an account designated by the depositary to make a payment.
- Depositary - 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.
- Depositor - natural or legal person who concluded a contract for services with the provider (user account - Buyer ) under the arrangements laid down in the General Terms and Conditions - virtual marketplace services
- Contract for deposit - a contract concluded between a depositor, depositary and provider. It is concluded on the basis of these conditions.
- 1.1 If an authorized person concludes a sale contract, the object of which is a product oferred in the PoštovnéZDARMA.cz virtual marketplace, with a depositor, both parties consent to conclude with the depositary a contract for deposit.
- 1.2 A depositor undertakes to place the funds on the depositary´s account. The depositor is allowed to choose a payment method.
- 1.3 An authorized person undertakes to respect this method of performance.
- 1.4 The depositary undertakes to handle the funds in accordance with these conditions.
- 1.5 An authorized person undertakes to cover the costs relating to the safekeeping.
2. Process of safekeeping
- 2.1 A depositor places the funds on the nominee account of the depositary within the agreed period and in an agreed way.
- 2.2 The depositary then informs an authorized person of the placing of the funds.
- 2.3 An authorized person meets the commitment arising from the sale contract concluded between the authorized person and a depositor.
- 2.4 Afterwards, the depositary places the funds on the authorized person´s account.
3. Retention of funds
- 3.1 The depositary is allowed to retain the funds only provided that the authorized person did not comply with the obligations arising from the marketplace conditions.
- 3.2 The depositary informs the authorized person of the retention of funds without undue delay and they start negotiations in order to resolve the reason of retention.
- 3.3 If an authorized person avoids the negotiations, the depositary is allowed to inform a depositor of this fact.
- 4.1 If the depositary and an authorized person do not resolve the reason of retention within the period of 90 days, the depositary is allowed to refund the money on the depositor's account.
- 4.2 However, it is possible to prolong this period if the resolution requires a longer time.
- 4.3 The depositary is not allowed to determine disputes arising from the sale contract concluded between a depositor and an authorized person. However, they are allowed to issue recommendations and to impose sanctions for failure to comply with the marketplace conditions.
- 4.4 The depositary is not allowed to release the money except in the cases defined in these conditions.
5. Instruction of the Contracting parties
- 5.1 With reference to the provision § 9 of the Act no 253/2008 Coll., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism, the depositary declares that they are the real owner of the funds and that the funds are not derived from criminal activity and do not serve to legalise proceeds of crime and to finance terrorism.
- 5.2 A depositor and an authorized person consent to the fact that the funds will be placed on the nominee account throughout the period of safekeeping and they take into consideration that the depositary is not responsible for any loss of funds sustained as a consequence of a potential weak economic situation of the bank which keeps the account.
- 5.3 Interest on the amount placed on the nominee account shall belong to the depositary as a reward for the safekeeping. The depositary is not entitled to reimbursement of the costs related to the maintenance of the nominee account.