General Terms and Conditions
TERMS AND CONDITIONS
Sedlecký kaolin a. s.
Registered office: Božičany č.p. 167, Postal Code 362 25
Identification number: 635 09 911
Registered in the Commercial Register kept by the Regional Court in Plzeň, Section B, Insert 501
For the sale of goods through the online store located at the web address kittycare.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Sedlecký kaolin a. s., with registered office at Božičany č.p. 167, Postal Code 362 25, identification number: 635 09 911, registered in the Commercial Register kept by the Regional Court in Plzeň, Section B, Insert 501 (hereinafter referred to as the "seller"), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the web address cistaprace.cz (hereinafter referred to as the "website") through the web interface of the store.
1.2. Deviations from these terms and conditions can be agreed upon in an individual purchase agreement. Deviations agreed upon in such an individual purchase agreement take precedence over the provisions of these terms and conditions.
1.3. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language.
1.4. 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 effectiveness of the previous wording of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the registration of the buyer on the website, the buyer can access their user interface (hereinafter referred to as the "user account"). From their user account, the buyer can place orders for goods, as well as manage previous orders, billing and delivery addresses, and update their personal information provided to the seller. If the web interface of the store currently allows it, the buyer can also place orders without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided 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 the buyer's email address as the username and a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
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, especially if the buyer does not use their user account for more than 5 years, or if the buyer violates their obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of goods placed in the web interface of the store are informative, and the seller is not obliged to conclude a purchase agreement for these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning goods if the nature of the goods does not allow their return by regular mail. The prices of goods are stated including value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods specified in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer will fill out the order form in the web interface of the store. The order form includes, in particular, information about:
3.4.1. the ordered goods (the buyer "puts" the ordered goods into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data they entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer will send the order to the seller by clicking on the "Order" button. The data provided in the order is considered correct by the seller. The seller will confirm the receipt of the order to the buyer immediately after receiving the order by electronic mail, to the email address of the buyer specified in the user account or in the order (hereinafter referred to as the "buyer's email address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller may request the buyer to confirm the order in an additional manner, such as in writing or by phone.
3.7. The contractual relationship between the seller and the buyer arises upon the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's email address.
3.8. Buyer's Consent to Distance Communication
3.8. The buyer agrees to the use of distance communication means when concluding a purchase agreement. The costs incurred by the buyer in using distance communication means in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs do not differ from the basic rate.
4. PERSONAL DATA PROTECTION (APPLICABLE ONLY TO BUYERS - INDIVIDUALS)
4.1. The protection of 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, and with effect from May 25, 2018, by the General Data Protection Regulation (GDPR).
4.2. The buyer agrees to the processing of their personal data (to the extent that the buyer communicates to the seller through the web interface): name and surname, company, address of residence, identification number, tax identification number, email address, and telephone number (hereinafter collectively referred to as "personal data").
4.3. The buyer acknowledges that their personal data will be processed by the seller as the controller, for the purpose of fulfilling the rights and obligations arising from the purchase agreement, and also for the purpose of sending information about news or sending commercial communications offering similar products and services, including the use of the option to send commercial communications electronically under the legal exception according to § 7 para. 3 of Act No. 480/2004 Coll. (hereinafter "newsletters"). In case the user creates a user account within the web interface, the user grants consent to the use of personal data for the purposes stated in para. 2.1.
4.4. The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully.
4.5. The processing of the buyer's personal data may be entrusted to a third party by the seller, as a processor, including the administrator of the website and providers of processing computer programs, services, and applications. Personal data will not be transferred to third parties by the seller without the prior consent of the buyer, except for processors and persons delivering goods. Personal data will not be transferred outside the European Union unless permitted by relevant legal regulations.
4.6. Personal data provided by the buyer to the seller for the purpose of fulfilling the rights and obligations of the seller and the buyer arising from the purchase agreement will be processed for the time necessary to fulfill such rights and obligations. Personal data provided by the buyer to the seller for the purpose of sending newsletters will be processed for the duration of this legitimate interest of the seller, i.e., for an indefinite period, or until objections to direct marketing by the buyer are raised, based on which the processing for this purpose will be terminated. Personal data provided by the buyer to the seller in connection with the user account will be processed for this purpose only for the duration of the existence of the user account, and the buyer is at any time entitled to request the deletion of their user account.
4.7. The legal basis for the processing of the buyer's personal data is the concluded purchase agreement, and in the case of sending newsletters, the legitimate interest of the controller.
4.8. The buyer confirms that the provided personal data is accurate and has been informed that providing personal data is voluntary.
4.9. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if personal data is inaccurate with respect to the purpose of processing, the buyer may:
4.9.1. Request an explanation from the seller or processor,
4.9.2. Request that the seller or processor remedy the situation.
4.10. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to demand reasonable remuneration not exceeding the costs necessary to provide the information.
4.11. Except as stated above, the buyer acknowledges that, according to relevant legal regulations, they also have the right to rectify, erase, or liquidate data, as well as the right to restrict processing and, from the effective date of the General Data Protection Regulation (May 25, 2018), the right to data portability and the right to be forgotten. In connection with the processing of personal data specified in these terms and conditions, the buyer will not be subject to a decision based solely on automated processing that would have legal effects on them or significantly affect them.
4.12. In case of doubts about the seller's (as the controller's) compliance with obligations, the buyer may contact the following person of the seller: name: Milan Petele, email: email@example.com, tel. +420 353 366 222. The buyer may submit objections, requests, complaints, exercise their rights, or raise other questions at the specified contacts. The supervisory authority is the Office for Personal Data Protection, to which the buyer can file a complaint.
5. FINAL PROVISIONS
5.1. If the relationship established by the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
5.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning comes as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions. Changes and additions to the purchase agreement or terms and conditions require written form.
5.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
5.4. An appendix to the terms and conditions includes a sample form for withdrawing from the purchase agreement.
5.5. Contact details of the seller: delivery address: Božičany č.p. 167, ZIP code 362 25, email address: firstname.lastname@example.org, phone: +420 353 366 222. Contact details of the seller: delivery address, email address, phone. In Božičany, dated March 29, 2018.