Terms and Conditions

  

of a business company ECOGLASS, a.s. with its registered office at Arbesova 66a, 466 04 Jablonec nad Nisou, Czech Republic, identification number: 43223265, registered in the Commercial Registry at the Regional Court in Ústí nad Labem, Section B, File 2059

 

for the sale of goods through the online shop located at the Internet address

www.lustroveovesy.cz,

www.sklenenatezitka.cz,

www.ledoptika.cz and

www.sklenenecocky.cz.

1.     INTRODUCTORY PROVISIONS

1.1.    These Business Terms and Conditions (hereinafter the “Terms and Conditions”) of a business company ECOGLASS, a.s. with its registered office at Arbesova 66a, 466 04 Jablonec nad Nisou, Czech Republic, identification number: 43223265, registered in the Commercial Registry at the Regional Court in Ústí nad Labem, Section B, File 2059 (hereinafter the “Seller”) govern in accordance with the provisions of Section 1751(1) of the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online shop. The Seller’s online shop is operated by the Seller at the Internet address

www.lustroveovesy.cz,

www.sklenenatezitka.cz,

www.ledoptika.cz and

www.sklenenecocky.cz 

(hereinafter the “Website”), through the Website interface (hereinafter the “Shop Web Interface”).

1.2.    The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of ordering goods in the course of their business or in the course of their independent exercise of their profession.

1.3.    Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.4.    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. The Purchase Agreement can be concluded in the Czech language.

1.5.    The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2.     USER ACCOUNT

2.1.    Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer may order goods (hereinafter the “User Account”). If the Shop Web Interface allows it, the Buyer may also order goods without registration directly from the Shop Web Interface.

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 shall be deemed correct by the Seller.

2.3.    Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their User Account.

2.4.    The Buyer is not entitled to allow third parties to use the User Account.

2.5.    The Seller may cancel the User Account, in particular if the Buyer has not used the User Account for longer than 365 days or if the Buyer breaches 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 equipment, or the necessary maintenance of hardware and software equipment of third parties.

3.     ENTERING INTO THE PURCHASE AGREEMENT

3.1.    All presentation of goods placed in the Shop Web Interface is informative and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2.    The Shop Web Interface contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the Shop Web Interface. Prices of goods are not adjusted to the Buyer’s personality based on automated decision making. This provision does not limit the Seller’s ability to conclude a Purchase Agreement on individually agreed terms.

3.3.    The Shop Web Interface also contains information about the costs associated with packaging and delivery of the goods, and the method and time of delivery of the goods. The information on the costs associated with packaging and delivery of the goods listed in the Shop Web Interface is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the case where the Seller offers free delivery of the goods, the right to free delivery of the goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be delivered in the amount specified in the Shop Web Interface. In the event that the Buyer partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Buyer has not withdrawn from the Purchase Agreement does not reach the minimum amount required for the right to free transport of the goods under the preceding sentence, the Buyer’s right to free transport of the goods shall cease and the Buyer shall be obliged to pay the Seller for the transport of the goods.

3.4.    To order goods, the Buyer fills in the order form in the Shop Web Interface. The order form contains in particular information about:

3.4.1.  ordered goods (ordered goods are “inserted” by the Buyer into the electronic shopping cart of the web Shop Web Interface),

3.4.2.  the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3.4.3.  information on the costs associated with the delivery of the goods (hereinafter collectively as the “Order”).

3.5.    Prior to sending the Order to the Seller, the Buyer is allowed to check and change the input data entered by the Buyer, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “Order with obligation to pay” button. The data provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter the “Buyer’s Electronic Address”).

3.6.    The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).

3.7.    The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s Electronic Address.

3.8.    The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer themselves, and these costs shall not differ from the basic rate.

4.     PRICE OF GOODS AND PAYMENT TERMS

4.1.    The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

 - in cash at the Seller’s premises at Arbesova 66a, 466 04 Jablonec nad Nisou, Czech Republic;

 - cash on delivery at the place specified by the Buyer in the Order;

 - by wire transfer to the Seller’s account no. 206089653/0300 at the company ČSOB (hereinafter the “Seller’s Account”);

4.2.    Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3.    The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4.    In the case of payment in cash, cash on delivery or in a collection point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable at the conclusion of the Purchase Agreement before the goods are collected.

4.5.    In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6.    The Seller is entitled, especially in the event that the Buyer fails to additionally confirm the Order (Article 3.6), to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7.    Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8.    If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s Electronic Address.

5.     WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1.    The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the agreement for the supply of:

5.1.1.  goods made to the Buyer’s requirements or adapted to the Buyer’s personal needs,

5.1.2.  perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery,

5.1.3.  goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been broken by the Buyer; and

5.1.4.  an audio or video recording or computer program in sealed packaging, if the Buyer has broken it.

5.2.    Unless it is the case referred to in Article 5.1 of the Terms and Conditions or any other case in which the Purchase Agreement cannot be withdrawn from, the Buyer shall have the right to withdraw from the Purchase Agreement within fourteen (14) days from the date on which the Buyer or a third party designated by the Buyer other than the carrier takes delivery of the goods, or:

5.2.1.  the last piece of goods, if the Buyer orders several pieces of goods within one Order, which are delivered separately,

5.2.2.  the last item or part of a delivery of goods consisting of several items or parts, or

5.2.3.  the first delivery of the goods, if the contract provides for regular delivery of the goods for an agreed period of time.

5.3.    The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Article 5.2 of the Terms and Conditions to the e-mail address e-shop@ecoglass.cz. The Buyer may send the withdrawal from the Purchase Agreement, inter alia, to the Seller’s business address.

5.4.    In the event of withdrawal from the Purchase Agreement, the Purchase Agreement shall be cancelled from the outset. The Buyer shall send or hand back the goods to the Seller without undue delay, at the latest within fourteen (14) days of withdrawal, unless the Seller has offered to collect the goods themselves. The time limit under the previous sentence is maintained if the Buyer sends the goods before the expiry of the time limit. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.5.    In the event of withdrawal from the Purchase Agreement 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 Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the Seller receives the goods or the Buyer proves that they have sent the goods back, whichever is earlier.

5.6.    The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

5.7.    In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time up to the time of acceptance of the goods by the Buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cashless to the account designated by the Buyer.

5.8.    If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the donation agreement with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6.     TRANSPORT AND DELIVERY OF GOODS

6.1.    In the event that the method of transport is agreed upon at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2.    If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3.    If for reasons on the Buyer’s side it is necessary to deliver the goods 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.

6.4.    Upon receipt of 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. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the Buyer’s rights under liability for defects in the goods and other rights of the Buyer under generally binding legal regulations.

6.5.    Other rights and obligations of the Parties in the transport of goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.

7.     Rights arising from defective performance

7.1.    The rights and obligations of the Contracting Parties with regard to rights arising from defective performance shall be governed by the applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2.    If the subject of the purchase is a tangible movable thing that is connected to the digital content or digital content service in such a way that it could not perform its functions without them (hereinafter the “Item with Digital Characteristics”), the provisions regarding the Seller’s liability for defects also apply to the provision of the digital content or digital content service, even if it is provided by a third party. This does not apply if it is clear from the content of the Purchase Agreement and the nature of the item that they are provided separately.

7.3.    The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller is liable to the Buyer that the item:

7.3.1.  conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

7.3.2.  is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed; and

7.3.3.  is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

7.4.    The Seller shall be liable to the Buyer that, in addition to the agreed characteristics:

7.4.1.  the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or industry codes of practice, if there are no technical standards,

7.4.2.  the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the Buyer can reasonably expect, even taking into account public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling, unless the Seller proves that they were not aware of it or that it was modified at the time of the conclusion of the Purchase Agreement in a manner at least comparable to that in which it was made or that it could not have influenced the decision to buy,

7.4.3.  the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the Buyer can reasonably expect; and

7.4.4.  the item corresponds in quality or workmanship to the sample or sample provided by the Seller to the Buyer before the conclusion of the Purchase Agreement.

7.5.    The provisions of Article 7.4 of the Terms and Conditions shall not apply if the Seller has specifically notified the Buyer prior to the conclusion of the Purchase Agreement that a certain property of the item differs and the Buyer has expressly agreed to this when concluding the Purchase Agreement.

7.6.    The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation, which has been carried out by the Seller or under the Seller’s responsibility according to the Purchase Agreement. This shall also apply if the assembly or installation was carried out by the Buyer and the defect is due to a deficiency in the instructions provided by the Seller or the provider of the digital content or digital content service, if it is an Item with Digital Characteristics.

7.7.    If a defect becomes apparent within one year of acceptance, the item shall be deemed to have been defective upon acceptance, unless the nature of the item or the defect precludes this. This period does not run for the time during which the Buyer cannot use the item, if they have rightly pointed out the defect.

7.8.    If the subject of purchase is an Item with Digital Characteristics, the Seller shall ensure that the agreed updates of digital content or digital content services are provided to the Buyer. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with the updates that are necessary for the item to retain the features referred to in Articles 7.3 and 7.4 of the Terms and Conditions after receipt and that the Buyer is notified of their availability

7.8.1.  for a period of two years if the digital content or digital content service is to be provided continuously for a certain period of time according to the Purchase Agreement, and if it is agreed to provide it for a period longer than two years, for the entire period of time,

7.8.2.  for as long as the Buyer can reasonably expect, if the digital content or digital content service is to be provided on a one-off basis under the Purchase Agreement; this shall be assessed according to the type and purpose of the item, the nature of the digital content or digital content service and taking into account the circumstances at the conclusion of the Purchase Agreement and the nature of the obligation.

7.9.    The provisions of Article 7.8 of the Terms and Conditions do not apply if the Seller has specifically notified the Buyer prior to the conclusion of the Purchase Agreement that updates will not be provided and the Buyer has expressly agreed to this when concluding the Purchase Agreement.

7.10. If the Buyer fails to update within a reasonable time, they shall have no rights from a defect that has arisen only as a result of the failure to update. This does not apply if the Buyer was not warned about the update or the consequences of not updating or did not update or did not update correctly due to a defect in the instructions. If the digital content or the digital content service is to be provided continuously for a certain period of time under the Purchase Agreement and if a defect manifests itself or occurs within the time period referred to in Articles 7.8.1 and 7.8.2 of the Terms and Conditions, the digital content or the digital content service shall be deemed to be defectively provided.

7.11. The Buyer may complain about a defect that becomes apparent within two years of acceptance. If the subject of the purchase is an Item with Digital Characteristics and if, according to the Purchase Agreement, the digital content or digital content service is to be provided continuously for a certain period of time, the Buyer may complain of a defect that appears or manifests itself in the digital content within two years of receipt. If the performance is to be carried out for a period longer than two years, the Buyer shall have the right to claim a defect which appears or manifests itself within that period. If the Buyer has rightly pointed out the defect to the Seller, the period for pointing out the defect shall not run for the period during which the Buyer cannot use the goods.

7.12. If the item has a defect, the Buyer may demand its removal. They may, at their option, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without considerable difficulty for the Buyer. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.

7.13. The Seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item. The Seller shall take over the item at their own expense to remove the defect. If this requires the dismantling of the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof.

7.14. The Buyer may demand a reasonable discount or withdraw from the Purchase Agreement if:

7.14.1.              the Seller refused to remedy the defect or failed to remedy it in accordance with Article 7.13 of the Terms and Conditions,

7.14.2.              the defect manifests itself repeatedly,

7.14.3.              the defect is a material breach of the Purchase Agreement, or

7.14.4.              it is apparent from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

7.15. If the defect is insignificant, the Buyer cannot withdraw from the Purchase Agreement (within the meaning of Article 7.14 of the Terms and Conditions); it is deemed that the defect of an item is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller shall refund the purchase price to the Buyer without undue delay after the Seller has received the item or the Buyer proves to the Seller that they have shipped the item.

7.16. The defect can be complained about to the Seller from whom the item was purchased. If, however, another person who is in the place of the Seller or in a place closer to the Buyer is designated to carry out the repair, the Buyer shall complain about the defect to the person who is designated to carry out the repair.

7.17. Except in cases where another person is designated to carry out the repair, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even in its registered office. The Seller is obliged to issue a written confirmation to the Buyer when the Buyer submits the complaint, stating the date on which the Buyer submitted the complaint, what is its content, what method of complaint settlement the Buyer requires and the Buyer’s contact details for the purpose of providing information on complaint settlement. This obligation also applies to other persons designated to carry out the repair.

7.18. Complaints, including the remedy of defects, must be settled and the Buyer must be informed of this within thirty (30) days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. If the subject of the commitment is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the Buyer requested it.

7.19. After the expiry of the time limit according to Article 7.18 of the Terms and Conditions, the Buyer may withdraw from the Purchase Agreement or demand a reasonable discount.

7.20. The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the complaint, including confirmation of the repair, and its duration, or written justification of the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

7.21. The Buyer may exercise their rights under the liability for defects of goods in particular in person at Arbesova 66a, 466 04 Jablonec nad Nisou, Czech Republic, by phone at +420 483 316 820 or by e-mail at e-shop@ecoglass.cz

7.22. Whoever is entitled to a right arising from defective performance is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the Buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.

7.23. Other rights and obligations of the Parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Procedure.

7.24. The Seller or another person may also provide the Buyer with a guarantee for quality in addition to their statutory rights from defective performance.

8.     OTHER RIGHTS AND OBLIGATIONS OF THE contracting PARTIES

8.1.    The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2.    The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

8.3.    Consumer complaints are handled by the Seller via e-mail. Complaints can be sent to the Seller’s electronic address. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s Electronic Address. No other rules for handling complaints are set by the Seller.

8.4.    The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Agreement.

8.5.    The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council 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 online dispute resolution for consumer disputes).

8.6.    The Buyer may lodge a complaint with a supervisory or state supervisory authority. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.7.    The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9.     PROTECTION OF PERSONAL DATA

9.1.    The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR”) relating to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations on the Purchase Agreement and for the purposes of the performance of the Seller’s public law obligations by means of a separate document.

10.  SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s Electronic Address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.

10.2. The Seller fulfils its legal obligations related to the possible storage of cookies on the Buyer’s device by means of a separate document.

11.  DELIVERY of documents

11.1. Documents may be delivered to the Buyer at the Buyer’s Electronic Address.

12.  Final provisions

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the Buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.

12.5. Contact details of the Seller: registered office address Arbesova 66a, 466 04 Jablonec nad Nisou, Czech Republic, e-mail address

e-shop@ecoglass.cz, telephone +420 483 316 820. The Seller does not provide any other means of online communication.

 

In Jablonec nad Nisou, Czech Republic, on 5th January 2023                                                                              

 

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