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1. INTRODUCTORY PROVISIONS

  • 1.1. These terms and conditions (hereinafter referred to as the “terms and conditions”) of the trading company Marian Uherka, IČO 14201313, VAT number CZ9909075000, with its registered office in Polešovice 563, 687 37, Polešovice (hereinafter referred to as the “seller”) are regulated in accordance with the provisions of § 1751 paragraph 1 of the Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another by a 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 internet address www.majooumap.cz (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “store web interface”).
  • 1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent professional performance.
  • 1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
  • 1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
  • 1.5. 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 version of the terms and conditions.

2. Conclusion of the purchase contract

  • 2.1. All the 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 shall not apply.
  • 2.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for 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 contract under individually agreed conditions.
  • 2.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
  • 2.4. To order goods, the buyer must be registered on the E-SHOP, where he fills out the registration form in the website’s web interface. After registration, the buyer can purchase a digital subscription to the product or other physical products on the store’s menu. Information about the payment, including the invoice, is automatically sent by e-mail in both payment options. The invoice contains information about:
    • 2.4.1. ordered goods
    • 2.4.2. method of payment of the purchase price of the goods
  • 2.5. Before sending the order to the seller, the buyer is allowed to check and change the data in the account profile. In the case of payment by bank transfer, the data can be changed directly in the order form that the buyer entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the “Order” button. The data listed in the order they are deemed 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”).
  • 2.6. Depending on the nature of the order (quantity of goods, purchase price), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
  • 2.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
  • 2.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

3. Price of goods and terms of payment

  • 3.1. The buyer can pay the price of the goods to the seller in the following ways:
    • 3.1.1. by non-cash transfer to the seller’s account No. 2627603023/3030, maintained at Air bank (hereinafter referred to as the “seller’s account”);
    • 3.1.2. cashless via the PayPal payment system
    • 3.1.3. cashless (card payment), Google Pay, Apple Pay
  • 3.2. In the case of payment by card or via Paypal, the purchase price is due immediately after the order has been sent. In the case of non-cash payment, the purchase price is payable within 30 days from the conclusion of the purchase contract.
  • 3.3. 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 when the relevant amount is credited to the seller’s account.
  • 3.4. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 2.6), to demand payment of the entire purchase price before sending the digital product to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
  • 3.5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
  • 3.6. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is not a VAT payer. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s e-mail address.

4. Withdrawal from the purchase contract

  • 4.1. The buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen (14) days of receiving the product. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller’s place of business or the seller’s e-mail address Polešovice 563, 687 37, Polešovice.
  • 4.2. In the case of a digital subscription, it is not possible to withdraw from the contract, since the buyer has permanent access to the data box that contains the purchased digital product. Therefore, the buyer has no chance to prove that he no longer owns the digital product, as he can back it up, for example, on ext. medium. The seller thus has no chance to verify whether the buyer already owns the data from the digital product.
  • 4.3. In the case of withdrawal from the purchase contract according to Article 4.1 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase 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 if the goods cannot be returned by the usual postal route due to their nature.
  • 4.4. In the case of withdrawal from the purchase contract according to Article 4.1 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, 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 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 received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
  • 4.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer’s claim for a refund of the purchase price.
  • 4.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 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 acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

5. Transport and delivery of goods

  • 5.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
  • 5.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
  • 5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
  • 5.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
  • 5.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.

6. Rights from defective performance

  • 6.1. 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).
  • 6.2. The seller guarantees to the buyer that the digital product has no defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
    • 6.2.1. the digital product has the characteristics agreed upon by the parties and, in the absence of an agreement, has the characteristics described by the seller or manufacturer or expected by the buyer, having regard to the nature of the goods and on the basis of the advertising carried out by them,
    • 6.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
    • 6.2.3. is the goods in the corresponding quantity, measure or weight and
    • 6.2.4. the goods comply with the requirements of legal regulations.
  • 6.3. Rights from defective performance are exercised by the buyer at the address of the seller’s place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business.
  • 6.4. Additional rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.

7. Other rights and obligations of the contracting parties

  • 7.1. The buyer acquires ownership of the digital product by paying the membership fee and owns it for the duration of the duly paid membership
  • 7.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
  • 7.3. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. 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 from the purchase contract.
  • 7.4. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
  • 7.5. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
  • 7.6. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

8. Protection of personal data

  • 8.1. 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.
  • 8.2. The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as “personal data”).
  • 8.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
  • 8.4. The buyer acknowledges that he is obliged to enter his personal data correctly and truthfully when ordering from the web interface of the store and that he is obliged to inform the seller of any change in his personal data without undue delay.
  • 8.5. The seller can entrust the processing of the buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.
  • 8.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
  • 8.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
  • 8.8. In the event that the buyer believes that the seller or the processor (Article 8.5) is processing his personal data in violation of the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, may:
    • 8.8.1. ask the seller or processor for an explanation,
    • 8.8.2. require the seller or the processor to remove the condition thus created.
  • 8.9. 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 request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.

9. Sending commercial messages and storing cookies

  • 9.1. The buyer agrees to send information related to the seller’s goods, services or business to the buyer’s e-mail address and further agrees to the seller’s sending commercial messages to the buyer’s e-mail address. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer’s personal data for the purpose of sending business communications through a special document
  • 9.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller’s obligations from the purchase contract without so-called cookies being stored on the buyer’s computer, the buyer can revoke the consent according to the previous sentence at any time.

10. Delivery

  • 10.1. In the case of digital products, the buyer may be delivered to the buyer’s email address.
  • 10.2. In the case of physical products, the delivery will take place at the selected branch of Zásilkovna or Balíkovna, depending on the chosen method of transport.

11. Final Provisions

  • 11.1. 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.

  • 11.2. By choosing the law in accordance with Article 11.1 of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which would otherwise be applied in the absence of the choice of law according to the provisions of Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of June 17, 2008 on the law governing contractual obligations (Rome I).

  • 11.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

  • 11.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

  • 11.5. The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.

  • 11.6. Seller’s contact details: delivery address: Polešovice 563, 687 37, Polešovice e-mail address: majooumap.info@gmail.com

 

In Polešovice on July 10, 2019

Updated: 12/27/2023

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