Terms and condition
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company Brdy Ventures s.r.o., with its registered office at Na Míčánce 36, 160 00 Prague 6, identification number: 05481601, registered in the Commercial Register kept by the Municipal Court in Prague (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the seller on a website located at the following internet address: eshop.integrity.dev (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “web interface of the store”).
1.2. The buyer is a consumer or an entrepreneur. A consumer is any person who, outside the scope of his/her business activity or outside the scope of the independent performance of his/her profession, concludes a contract with an entrepreneur or otherwise deals with him/her. When initiating business relations, the consumer provides the Seller only with his/her contact details necessary for the smooth processing of the order, or with the details he/she wishes to have included on the purchase documents.
2. The legal relations of the Seller with the consumer that are not expressly regulated by these terms and conditions or by the contract concluded between the Seller and the consumer are governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, as well as other related regulations.
3. In accordance with Sections 420 – 422 of the Civil Code, an entrepreneur is understood to mean: a person registered in the Commercial Register (primarily a commercial company), a person who conducts business on the basis of a trade license (a trader registered in the Trade Register), a person who conducts business on the basis of a trade license other than a trade license under special regulations (this includes, for example, liberal professions such as law firms, etc.), and a person who operates agricultural production and is registered in the register under a special regulation.
4. The legal relations of the Seller with the Buyer, who is a businessman, not expressly regulated by these GTC or the contract concluded between the Seller and the Buyer are governed by the relevant provisions of the Civil Code, as well as other related regulations.
5. The individual contract between the Seller and the Buyer is superior to these GTC.
6. The Seller and the Buyer are also jointly referred to as the “Contracting Parties”
6.1. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
6.2. The provisions of the terms and conditions are 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 can be concluded in the Czech language.
6.3. The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
7. USER ACCOUNT
7.1. Based on the buyer's registration on the website, the buyer can access his user interface. From his user interface, the buyer can order goods (hereinafter referred to as the "user account"). The buyer can order goods and services without prior registration directly from the store's web interface.
7.2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
7.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
7.4. The Buyer is not entitled to allow the use of the user account by third parties.
7.5. The Seller may cancel the user account, in particular if the Buyer does not use his user account for more than 12 months, or if the Buyer breaches his obligations under the purchase contract (including the terms and conditions).
7.6. The Buyer acknowledges that the user account may not be available continuously, in particular 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.
8. CONCLUSION OF THE PURCHASE CONTRACT
8.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
8.2. The web interface of the store contains information about the goods, including the prices of individual goods, including packaging and shipping costs. All prices on the web interface include value added tax. The prices of the goods remain valid for the period when they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
8.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
8.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form contains in particular information about:
8.4.1. the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart in the web interface of the store, or uploads photos or other image files from their computer storage. After uploading the files to the web interface, the buyer adjusts the dimensions according to their previous choice. Before ordering, the buyer checks the visual appearance of the uploaded files and then creates an order),
8.4.2. information about the desired method of delivery of the ordered goods,
8.4.3. information about the method of payment for the purchase price of the goods or services (hereinafter collectively referred to as the "order").
8.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "SEND ORDER" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
8.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
8.7. The contractual relationship between the seller and the buyer is established upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
8.8. The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
8.9. If circumstances of a force majeure nature arise that prevent the seller from fulfilling its contractual obligations, the seller has the right to reasonably extend the delivery date or withdraw from the contract. In no case shall the contractor be liable for any damage incurred. In the event of withdrawal from the contract, the seller will notify the buyer of this fact and will immediately refund the price paid for the ordered goods or service using the same payment method used by the buyer, or to a bank account that the buyer informs him of.
8.10. The seller reserves the right to visually inspect the content of images or photographs uploaded by the buyer or another person to a storage location accessible to the seller. The Buyer undertakes not to order the production of photographs with objectionable content (i.e., photographs that would depict child pornography, cruel or inhumane behavior, or content of an erotic nature. The Seller declares that the process of producing photographs with objectionable content (e.g., nudity) will be suspended.
9. PRICE OF GOODS AND PAYMENT TERMS
9.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the Seller in the following ways:
• By bank transfer to the Seller's account No. 2801084020/0800, maintained at Fio banka, a.s. (hereinafter referred to as the "Seller's account");
• By rapid bank transfer to the Seller's account No. 2801084020/0800, held at Fio banka, a.s. (hereinafter referred to as the “Seller’s account”);
• By card via the GoPay payment gateway
9.2. Together with the purchase price, the Buyer is obliged to pay the Seller tany costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
9.3. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash 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.
9.4. The seller is entitled, in particular in the event that the buyer does not provide additional confirmation of the order (Article 3.6.), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code do not apply.
9.5. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.
9.6. If it is customary in business or if it is 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 not a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
10. WITHDRAWAL FROM THE PURCHASE CONTRACT
10.1. The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the buyer's wishes or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of a sound or video recording or a computer program if their original packaging has been broken.
10.2. Unless this is the case specified in Article 5.1. of the terms and conditions or another case where withdrawal from the purchase contract is not possible, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of §1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to the address of the establishment or to the seller's e-mail address: info@Noviq.cz
10.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.
10.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
10.5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
10.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of §1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
10.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
11. TRANSPORT AND DELIVERY OF GOODS
11.1. In the event that the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
11.2. If the seller is obliged to deliver the goods to the place specified by the buyer under the purchase agreement in the order, the buyer is obliged to take over the goods upon delivery.
11.3. In the event that, for reasons on the buyer's side, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
11.4. When taking over 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, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
11.5. Other rights and obligations of the parties during the transport of the goods may be regulated by the seller's special delivery conditions, if issued by the seller.
11.6. The seller provides the following methods of transport and delivery:
• sending the goods via a carrier chosen by the buyer on the website.
12. RIGHTS FROM DEFECTIVE PERFORMANCE
12.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of §1914 to 1925, §2099 to 2117 and §2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
12.2. The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
12.2.1. the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
12.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
12.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
12.2.4. the goods are in the appropriate quantity, measure or weight, and
12.2.5. the goods comply with the requirements of legal regulations.
12.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
12.4. If the defect becomes apparent within six months of taking over, it is considered that the goods were defective already upon taking over. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of taking over.
12.5. The buyer shall exercise the rights arising from defective performance at the seller's premises, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.
12.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
12.7. The seller points out that ink and chemically developed photographs are sensitive to light, which causes fading of colors.
13. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
13.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
13.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter a. e) of the Civil Code.
13.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
13.4. The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within the scope of its competence by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
13.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
14. PROTECTION OF PERSONAL DATA
14.1. 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.
14.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, photographs and other image material (hereinafter collectively referred to as "personal data").
14.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
14.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
14.5. The Seller may authorize a third party, as a processor, to process the Buyer's personal data. Apart from persons transporting the goods, personal data will not be transferred to third parties by the Seller without the Buyer's prior consent.
14.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
14.7. The Buyer confirms that the personal data provided are accurate and that he has been informed that the provision of personal data is voluntary.
14.8. If the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in a way that is contrary to the protection of the buyer's private and personal life or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:
14.8.1. ask the seller or the processor for an explanation,
14.8.2. demand that the seller or the processor eliminate the situation that has arisen in this way.
14.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.
15. SENDING COMMERCIAL MESSAGES AND SAVING COOKIES
15.1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the Seller sending commercial messages to the Buyer's electronic address.
15.2. The Buyer agrees to the storage of so-called cookies on his computer. In the event that the purchase on the website can be made and the Seller's obligations under the purchase contract can be fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.
16. DELIVERY
16.1. The Buyer may be delivered to the Buyer's electronic address.
17. SATISFACTION SURVEY
17.1. Customer satisfaction with purchases is surveyed via e-mail questionnaires as part of the Verified by Customers program, in which the Laab e-shop is involved. These are sent every time the customer makes a purchase, unless the customer refuses to send them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purposes of sending questionnaires as part of the Verified by Customers program is carried out on the basis of a legitimate interest, which consists in determining customer satisfaction with purchases and product quality. A processor, which is the operator of the Heureka.cz portal, is used to send questionnaires, evaluate feedback and analyze market position; for these purposes, we may provide information about purchased goods and customers' e-mail addresses to them.
17.2. Personal data is not transferred to any third party for their own purposes when sending e-mail questionnaires.
17.3. The customer may object to the sending of e-mail questionnaires within the Verified by Customers program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In the event of his objection, we will not send him the questionnaire any more.
18. FINAL PROVISIONS
18.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
18.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. Invalid The validity or ineffectiveness of one provision shall not affect the validity of the other provisions.
18.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
18.4. The seller's contact details: delivery address Noviq s.r.o., Na Míčánce 36, 160 00 Prague 6, e-mail address info@Noviq.cz, telephone +420 605 507 881.
In Prague on 1. 1. 2023