General Terms and Conditions
of Richard Lapiš
based at Boční 1160, Rychvald, 73532
identification number: 02983656
for sales of services via online application located at website https://dogres.net
1. GENERAL ASSIGNMENT
1. These General Terms and Conditions (hereinafter „general terms“) of subject Richard Lapiš, based at Boční 1160, Rychvald, 73532, identification number: 02983656 (hereinafter „seller“) regulate in accordance with provision § 1751 par. 1 act no. 89/2012 Sb., Civil Code, as amended (hereinafter „civil code“) mutual rights and duties of Contracting Parties resulting based on purchase contract (hereinafter “purchase contract”) closed between seller and another individual (hereinafter “buyer”) via internet application of seller. Internet application is operated by seller on website https://dogres.net (hereinafter „website“), via interface of website (hereinafter „website interface“).
2. General terms are not applicable in the case when person who intends to buy services from seller is legal entity or person who operates in range of its business activity or in range of its individual performance of the profession.
3. Provisions different from General Terms are possible to settle in purchase contract. Different provisions in purchase contract take precedents over provisions of General Terms.
4. Provisions of General Terms are integral part of purchase contract. Purchase contract and General Terms are made in Czech and English language.
5. General Terms can be modified of completed by seller. This provision is does not change rights and duties arose during efficiency of previous version of General Terms.
2. USER ACCOUNT
1. Buyer can enter his user interface based on registration of buyer made on website. Buyer can order service (hereinafter “user account”). In the case that website interface allows it, buyer can order services without registration as well directly from website interface of application.
2. Buyer is obliged to provide correct and true information during registration at website and during ordering services. Buyer is obliged to update information mentioned in user account if this information changed. Information in user account and during ordering services is considered as true by seller.
3. Access to user account is protected by user name and password or user code. Buyer is obliged to maintain confidentiality about information needed to access his user account.
4. Buyer is not authorized to provide using of user account to the third party.
5. Seller is authorized to delete user account notably in the case that buyer is not using the user account for more than 1 year or in the case that buyer violates his obligations from purchase contract (including General Terms).
6. 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 necessary maintenance of hardware and software of third parties.
3. DISCLOSURE OF PURCHASE CONTRACT
1. All presentation of services located in website interface of application is informative and seller is not obliged to disclose purchase contract regarding these services. Provision § 1732 par. 2 Civil Code is not applicable.
2. Website interface of application contains information about services including price list of individual services. Listed prices are without VAT and include all related charges. Prices of services are valid as long as they are published at website interface of application. This provision does not limit the possibility of seller to disclose purchase contract in individually settled conditions.
3. Buyer will fill order form at website interface in order to order the service. Order form includes notably information about:
1. Ordered service
2. Payment method of the purchase price of the service (hereinafter „order“).
4. Buyer is enabled to check and modify information put in order especially to find and correct mistakes made during entering data before sending the order to seller. Order is sent by pushing the button “Order” or “Log in”. Information in order is considered by seller as true. Seller immediately after receiving order confirm this to buyer via electronic mail on address in user account or in order (hereinafter “buyer’s electronic address”). Seller is always authorized based on character of order (type or service, purchase price) ask buyer to additional confirm of order (for example in writing or by phone).
5. Contractual relationship between buyer and seller rises by delivery of confirmation of order (acceptation) which is sent by seller to buyer via electronic mail to buyer’s electronic address.
6. Buyer agrees with using of distance means of communication for disclosing purchase contract. Costs created to buyer by using distance means of communication in order to disclose purchase contract (costs of internet connection, costs of phone calls) are paid by buyer himself. These costs do not differ from basic tariff.
4. SERVICE PRICE AND PAYMENT CONDITIONS
1. Price for service and prospective costs connected with delivery of service according to purchase contract can be paid by buyer by following methods:
§ cashless transfer to account of seller no. 2700580527/2010, held by Fio Banka a.s. (hereinafter „seller’s account“);
§ cashless via payment system GoPay;
2. According to Sales Record Act seller is obliged to issue a receipt to buyer. At the same time he is obliged to register accepted payment at tax administrator online; in the case of technical issues the latest in 48 hours.
3. If it is usual in business relation or if it is determined by binding legislation, seller will issue invoice for executed payments based on purchase contract to buyer. Seller is not VAT payer. Invoice will be issued by seller to buyer after payment and send it in electronic way to buyer’s electronic address.
4. Prospective discounts from price for service provided by seller to buyer cannot be combined together.
5. In the case of cashless payment buyer is obliged to pay price for service with variable symbol of payment. In the case of cashless payment it is commitment of buyer to buy price for service fulfilled in the moment of crediting of televant amount at seller’s account.
6. Seller does not require from buyer the deposit or similar payment.
5. WITHDRAWAL FROM PURCHASE CONTRACT
1. In the case of withdrawal from purchase contract according to General Terms the purchase contract is cancelled from the beginning.
2. In the case of withdrawal from purchase contract seller return finances accepted from buyer in fourteen (14) days from withdrawal from purchase contract by buyer and he will do it in a same way as seller accepted them from buyer.
3. In the case when buyeris authorized to withdraw purchase contract in accordance with prospective § 1829 par. 1 Civil Code, seller is also authorized to withdraw purchase contract anytime.
4. If buyer obtains a gift with service, gift contract is disclosed between seller and buyer with condition of termination that if buyer withdraw the purchase contract, gift contract loses efficiency regarding this gift and buyer is obliged to return to seller also this gift.
6. ANOTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
1. Buyer acquires the service in a moment of paying whole purchase price of service.
2. Seller in relationship with buyer is not bounded by any codes of conduct within the provision § 1826 par. 1 let. e) Civil Code.
3. Handling of consumers’ complaitns is ensured by seller via electronic address email@example.com. Information about handling the complaint of buyer will be sent by seller to buyer’s electronic address.
4. For out-of-court dispute resolution from purchase contract is responsible relevant Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Praha 2, IN: 000 20 869, website: https://adr.coi.cz/cs. Platform for dispute solution which is available online on website http://ec.europa.eu/consumers/odr can be used for solving disputes between seller and buyer from purchase contract.
5. European consumers center Czech Republic, based at Štěpánská 567/15, 120 00 Praha 2, website:http://www.evropskyspotrebitel.cz is contact point according to European Parliament regulation and The Council (of EU) n. 524/2013 from 21st May 2013 about solving of consumers’ disputes online and about change of regulation (ES) n. 2006/2004 and directive 2009/22/ES (regulation about solving of consumers’ disputes online).
6. Seller is authorized to sell services based on trade license. Trade control is carried out in range of its scope relevant Trade office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries on, in a limited extent, supervision over compliance with Act No. 634/1992 Sb., of Consumer Protection, as amended. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 par. 2 Civil Code.
7. PERSONAL DATA PROTECTION
1. Seller is fulfilling his obligation to inform the buyer within the meaning of Article 13 of European Parliament and Council Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / ES (General Data Protection Regulation), (hereinafter the “GDPR Regulation”) (relating to the processing of the Buyer's personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the purchase contract and for the purposes of fulfilling the Seller's public service obligations through a separate document.
8. SENDING OF COMMERCIAL INFORMATION AND SAVING OF COOKIES
1. Buyer agrees within the meaning or provision § 7 par. 2 Act no. 480/2004 Sb., on certain services of information company and on amendments of certain Acts (Act on certain services of information company), as amended, with the sending of commercial communications by the seller to the buyer's electronic address or to his telephone number. Seller fulfills his information obligation to buyer within the meaning of Article 13 of regulation GDPR relating buyer’s personal data processing for purposes of sending commercial information through a separate document.
2. Buyer agrees with saving so called cookies in his computer. In the case that purchase on website is possible to perform and seller’s obligations from purchase contract are possible to be fulfilled without saving cookies, buyer is authorized to withdraw this approval any time in accordance with previous sentence.
1. Delivery can be on the buyer’s electronic address.
10. FINAL DISCLOSURE
1. If the relationship based on purchase contract contains international (foreign) element, both parties agree that this relationship is ruled by Czech law. By the choice of law according to previous sentence buyer is not deprived of protection which is provided by provision of law code which cannot be contractually deviated and which, in the absence of a choice of law, would otherwise apply under the provision Article 6 par. 1 Regulation (ES) No. 593/2008 of the European Parliament and of the Council from 17 June 2008 on the law applicable to contractual obligations (Rome I).
2. If any of provision of General Terms is invalid or ineffective, or become invalid or ineffective, new provision which sense will be as close to original as possible, will take its place. Nullity or inefficiency of one provision is not touching validity of other provisions.
3. Purchase contract including General Terms is archived by seller in electronic form and is not available.
5. Contact information of seller: delivery address: Boční 1160, Rychvald, 73532. Electronic address:firstname.lastname@example.org
In Ostrava, 1.2.2018