Terms and Conditions
Companies
mopadzi s.r.o.
Sokolská 226, Kerhartice
562 04 Ústí nad Orlicí
Pardubice region, Czech Republic
Identification number: 14384230; Tax identification number: CZ14384230
Which is also the operator of the mopadzi.eu website and the new-defender.eu and camping-wild.eu e-shops
Registered by the Municipal Court in Hradec Králové, section C, file number 49310
Legal form: Limited liability company
Scope of business:
Production of plastic and rubber products - Production of metal constructions and metal products - Art and craft processing of metals - Surface treatment and welding of metals and other materials - Production of machines and equipment - Production of motor vehicles and trailers and bodies - Preparatory and finishing construction work, specialized construction activities -Glass work, framing and fitting -Mediation of business and services -Wholesale and retail -Maintenance of motor vehicles and their accessories -Storage, packaging of goods, cargo handling and technical activities in transport -Accommodation services -Purchase, sale, management and maintenance of real estate - Rental and lending of movable property -Preparation and development of technical proposals, graphic and drawing work -Operation of cultural, cultural-educational and entertainment facilities, organization of cultural productions, entertainment, exhibitions, fairs, shows, sales and similar events -Manufacturing, trade and services elsewhere not classified
Email: info@mopadzi.eu
In Hradec Králové 28.3. 2022.
mopadzi sro engineer Jaroslav Votoček, managing director
Notice of withdrawal from the contract
Addressee: mopadzi sro, Sokolská 226, zip code: 562 04 Ústí nad Orlicí, Pardubický region, Czech Republic
-Name and surname of the buyer:
-Mailing address:
-Telephone number:
-e-mail:
-Product identification (product number, type or product name):
-Quantity:
-Date of receipt of goods:
-Purchase price:
- Return the purchase price by postal order / to account no.:
Lesson learned:
This withdrawal can also be sent to the seller by email. It is delivered at the moment of confirmation of receipt of the e-mail by the seller to the buyer, without such confirmation such withdrawal by the buyer cannot be considered as properly delivered to the seller.
If the consumer withdraws from the contract, he will send or hand over to the seller without undue delay, no later than fourteen days from the withdrawal from the contract, the goods he received from him.
If the consumer withdraws from the contract, the seller will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, which he received from him on the basis of the contract (i.e. not the costs incurred by the consumer when returning the goods). the same way. If the consumer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of the delivery of the goods to the consumer in the amount corresponding to the cheapest method of delivery of the goods offered.
If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the seller.
Withdrawal date:
Signature:
1. INTRODUCTORY PROVISIONS
- These terms and conditions (hereinafter referred to as the "terms and conditions") of the above-named seller (hereinafter referred to as the "seller") are regulated 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 the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer"), including the seller's online store. The online store is operated by the seller on the website, new-defender.eu/camping-wild.eu (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
- 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.
- 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.
- 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. USER ACCOUNT
- Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.
- When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
- 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.
- The buyer is not authorized to allow the use of the user account by third parties.
- The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract.
- 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 necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
- 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.
- The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time 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.
- The photo of the product is only illustrative.
- The store's web interface also contains information about the costs associated with payment, packaging and delivery of goods.
- To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
- ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping basket of the store's web interface),
- the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
- Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account 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 the "Send 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 interface or in the order (hereinafter referred to as "the buyer's e-mail address").
- 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 telephone).
- 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.
- 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 paid by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
- The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
Account number: 1387980027/2700
IBAN: CZ9427000000001387980027
BIC: BACXCZPP
when paying in this way, the buyer is charged costs commensurate with the seller's costs associated with the delivery of the goods according to the choice of transport method and payment method in the order.
- in cash at all the seller's establishments
- in cash on delivery at the place specified by the buyer in the order, when paying in this way, the buyer is charged costs commensurate with the seller's costs associated with cash on delivery according to the choice of transport method and payment method in the order
- by cashless transfer to any of the seller's accounts listed below (hereinafter referred to as "seller's account"):
- through discount coupons that the customer obtained during the previous order, when paying in this way, the buyer is charged costs commensurate with the seller's costs associated with the delivery of the goods according to the selected mode of transport
- The shipping price and delivery method are detailed on the website www.mopadzi.eu
- Along 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 also includes the costs associated with the delivery of the goods.
- As a rule, the seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance. However, the seller reserves the right in exceptional cases to require the buyer to pay an advance based on the advance invoice before sending the goods. In such a case, the buyer will be notified in a suitable way of the need to pay a deposit and a deposit invoice will be sent to him.
- In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment (advance payment-proforma invoice), the purchase price is payable within 7 days from the conclusion of the purchase contract.
- 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.
- The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before the goods are sent to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
- If it is customary in business relations 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 the payer of value added tax. 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.
- If the buyer is in arrears with taking over the goods, the seller is entitled to sell the goods in a suitable way after the expiry of the deadline, after notifying the buyer demonstrably by e-mail and providing him with a new reasonable deadline for taking over.
The costs of storage and the costs of useless delivery of goods due to the lack of cooperation on the part of the buyer in the absolutely necessary amount, the seller is entitled to set off against the buyer the proceeds of the sale.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.
- If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of the goods. 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. The buyer can send a withdrawal from the purchase contract to, among other things, the address of the seller's place of business or the seller's e-mail address reklamace@mopadzi.com.
- In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller.
- In the case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by 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 the buyer does not incur additional costs. 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.
- Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. 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.
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
- According to § 1820 par. 1 letter g) the right to demand the costs of repackaging and restoration if the seller returns the goods without the packaging in which the goods were delivered (packaged by the manufacturer).
6. CARRIAGE AND DELIVERY OF GOODS
- 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.
- 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.
- When taking over the goods, the buyer is always obliged to check
- integrity of product packaging
- the condition of the goods (especially its glass and other fragile elements)
and in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, or a finding of the condition of the goods that contradicts the above, the buyer undertakes not to accept the shipment from the carrier and to inform the seller immediately after such non-acceptance and the reasons for it.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
- the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- the goods are in the appropriate quantity, measure or weight,
- the goods comply with the requirements of legal regulations.
- The provisions mentioned in this article do not apply to goods in particular when:
- the item was defective at the time of acceptance and a discount from the purchase price is agreed for such a defect,
- the defect is obvious and it therefore applies that the customer has approved such goods even with the defect,
- the defect is caused by the buyer and was caused by improper use, storage, improper maintenance, intervention by the buyer or mechanical damage,
- the defect arose as a result of an external event beyond the influence of the seller,
- the buyer violates the protective seals or stickers on the claimed goods,
- the goods were mechanically damaged and are therefore not a defect of the goods,
- this is normal wear and tear of the goods caused by their use, not a defect,
- the useful and aesthetic values of the goods were prematurely exhausted due to careless use of the goods,
- the defect was caused by the buyer and arose from improper use, storage, improper maintenance or intervention by the buyer,
- the defect arose as a result of an external event beyond the influence of the seller,
- the buyer complained about the goods after the expiry of the statutory period for claiming defects (i.e. after two years from receipt)
- The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
- In the event that the goods upon acceptance by the buyer do not meet the above requirements, the buyer has the right to delivery of new goods without defects, if this is not unreasonable due to the nature of the item. If the defect concerns only a part of the thing, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
- If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair it, he can demand a reasonable discount from the purchase price. The buyer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
- If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
- The buyer can exercise his rights from defective performance within 24 months of taking over the goods. For used goods, the period for exercising rights from defective performance can be shortened to 12 months, such shortening of the period will be indicated by the seller in the confirmation of obligations from defective performance or on the sales document. After the expiration of the period, the right from defects cannot be exercised with the seller, unless the contractual parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond the scope of his legal obligations.
- The buyer is obliged to exercise his rights from defective performance without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. If the buyer legitimately claims a defect against the seller, the period for exercising rights from defective performance does not run for the period during which the goods are being repaired and the buyer cannot use them.
- If the buyer discovers mechanical damage to the purchased goods upon receipt of the shipment, he is obliged to keep the packaging material in which the goods were transported for the purpose of making a claim.
- The buyer acknowledges that in case of exchange of goods as part of handling a complaint, there is no new deadline for exercising rights from defective performance. The period ends 24 months after the receipt of the claimed goods.
- The deadline for exercising rights from defects cannot be considered as determining the lifespan of the goods, it varies with respect to the characteristics of the product, its maintenance and correctness and the intensity of use or the agreement between the buyer and the seller.
8. APPLICATION OF CLAIMS
- The buyer has the right to file a complaint with the seller, in any of his establishments, in which acceptance of the complaint is possible with regard to the range of goods sold, or even at his headquarters or place of business.
- The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
- The seller ensures the presence of a worker authorized to receive complaints during the entire operating time. The complaint can also be made to the person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is at the seller's location or at a location closer to the buyer.
- The buyer is obliged to prove that he has the right to make a claim, in particular to document the date of purchase, either by presenting a sales document, a confirmation of the seller's obligations from defective performance of the warranty card, or in another plausible way.
- The buyer is not entitled to make a claim for a defect that has already been pointed out in the past, if a reasonable discount from the purchase price has been provided for it.
- If the exercise of the right due to defects should cause significant difficulties for the consumer, especially because it is not possible to transport the item to the place of application of the claim in the usual way or if it is a product that is assembled or part of the property, the seller will assess the defect in agreement with the buyer either on the spot, or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.
- The seller recommends sending the goods in the original packaging (packaging from the manufacturer) in which it was delivered to the buyer.
9. SETTLEMENT OF CLAIMS
- The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The seller is obliged to issue a written confirmation to the buyer stating the date and place of the complaint, the characteristics of the alleged defect, the buyer's requested method of settlement of the claim and the manner in which the buyer will be informed about its settlement. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Missing this deadline is considered a material breach of contract.
- The seller is obliged to confirm in writing to the buyer the method of settlement of the complaint and its duration.
- The buyer is not entitled to change the once-selected method of settlement of the complaint without the consent of the seller, except for the situation when the method chosen by him cannot be implemented.
- The buyer is obliged to take over the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which time the seller is entitled to charge a reasonable storage fee or to sell the goods himself at the buyer's expense. The seller must inform the buyer about this procedure in advance and give him a reasonable additional period to take over the goods.
- If the buyer, when concluding the purchase contract, acts as part of his business activity in connection with the subject of his business or as part of his independent profession, then the provisions of Articles 7, 8 and 9 of the terms and conditions do not apply. In such a case, the contractual guarantee for the goods is not negotiated with the buyer.
10. CONTRACTUAL QUALITY WARRANTY
- If the seller has provided a quality guarantee beyond the scope of his legal obligations, its application is governed by these complaints regulations, unless the confirmation of the seller's obligations from defective performance (warranty certificate) or the contract stipulates otherwise.
11. CLAIMS AND DISPUTE RESOLUTION COSTS
- If the complaint is recognized as justified, the buyer, who is a consumer, has the right to reimbursement of the costs incurred in connection with the exercise of his right.
- In the event that the seller rejects the claim as unjustified, the buyer, or by agreement with the seller, both parties, can turn to a forensic expert in the field and request the processing of an independent expert assessment of the defect.
- If no agreement is reached between the buyer and the seller, the buyer can turn to the existing systems of out-of-court settlement of consumer disputes, or to the relevant court.
12. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- 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.
- Out-of-court handling of consumer complaints is ensured by the seller via the electronic address obchod@kamody.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.
- 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.
- The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
- The buyer acknowledges that the software and other components forming the web interface of the store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the store's web interface.
- When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not affect the rights of other customers of the seller and that is in accordance with its purpose.
- The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.
13. CONTRACTUAL LIMITATION OF DAMAGES
- If, when concluding a purchase contract, the buyer acts as part of his business activity in connection with the subject of his business, then the right to compensation for damages that could possibly arise from this contract for the buyer is limited by the seller in the sense of Section 386 of the Commercial Code as amended on amount of the purchase price of the purchased goods.
14. CONTRACTUAL PENALTIES
- The provisions of this article apply only to cases where the buyer acts when concluding a purchase contract as part of his business activity in connection with the subject of his business or as part of his independent performance of a profession.
- In case of delay by the buyer in payment of the purchase price, a contractual penalty of 1% of the purchase price of the goods for each day of delay is agreed. The contractual penalty in this amount is considered by both contractual parties to be reasonable under the circumstances.
- In case of delay by the buyer in taking over the goods, a contractual penalty of 1% of the purchase price of the goods for each day of delay is agreed. The contractual penalty in this amount is considered by both contractual parties to be reasonable under the circumstances.
- For the contractual fines mentioned above, payment of the contractual fine does not extinguish the infringer's obligation to compensate the damage, which the infringer is obliged to pay in addition to the contractual fine, in full.
- The application of a contractual penalty for breach of contractual obligation also does not exclude the right to withdraw from the contract.
- Any payment received by one of the contracting parties shall first be used to pay all penalty payments, in particular the contractual penalty, whereby the order of penalty payments thus paid is governed by the date of their occurrence (a penalty payment with an earlier date of occurrence takes precedence).
- The contractual penalty is payable within seven days from the delivery of its invoice to the buyer.
15. PROTECTION OF PERSONAL DATA
- 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.
- The buyer agrees to the processing of his personal data: title, first and last name, residential address, identification number, tax identification number, e-mail address, telephone number and bank account number (hereafter referred to as "personal data").
- The buyer agrees to the processing of personal data by the seller, for the purposes of realizing the 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.
- The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (when registering, in his user account, when ordering from the store's web interface) and that he is obliged to inform the seller of any change in his personal data without undue delay.
- 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.
- 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.
- 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.
- In the event that the buyer believes that the seller or the processor 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 are inaccurate with regard to the purpose of their processing, may ask the seller or the processor for an explanation, demand that the seller or the processor remove the state thus created. In particular, this may involve the blocking, correction, addition or disposal of personal data. If the buyer's request according to the previous sentence is found to be justified, the seller or processor will remove the defective condition immediately. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the buyer's right to contact the Office for Personal Data Protection directly.
- 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.
- 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.
16. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
- The buyer agrees to send information related to the seller's goods, services or company to the buyer's e-mail address, SMS messages to the buyer's phone number, and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
- 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 withdraw the consent according to the previous sentence at any time.
17. TERMINATION OF AGREEMENT
- The purchase contract can only be terminated by fulfillment, agreement of the parties or withdrawal from the contract.
- In particular, the contracting parties consider the following breaches of the buyer's obligations to be a material breach of this contract, which is a reason to withdraw from the contract, in the event that the buyer acts as part of his business activity in connection with the subject of his business or as part of his independent performance when concluding the purchase contract profession:
- any delay by the buyer in taking over the goods
- any delay by the buyer in paying the purchase price
18. DELIVERY
- Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing; by e-mail, in person or by registered mail through a postal service provider (at the sender's choice). The buyer is delivered to the e-mail address specified in his user account.
- The message is delivered:
- in the case of delivery by electronic mail at the moment of its receipt, if this receipt is confirmed electronically to the sender by the addressee
- in the case of delivery in person or through a postal service operator, the message is delivered no later than the third working day after sending, including refusal to accept the shipment, if the addressee (or the person authorized to accept the shipment on his behalf) refuses to accept the shipment.
- via sms, at the moment of delivery of the confirmation of receipt of the addressee's phone to the sender's phone
- Furthermore, beyond the scope of the above, the seller is expressly authorized to perform actions related to the rights and obligations from the purchase contract through a voice telephone call with the buyer, if the buyer expressly agrees to this in the case of each of them.
19. FINAL PROVISIONS
- 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 consumer rights arising from generally binding legal regulations.
- 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. Changes and additions to the purchase contract or terms and conditions require written form.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is accessible through the user account.
- Annex No. 1 of the terms and conditions consists of a sample form for withdrawing from the purchase contract.
- The contact details of the seller are the details listed in the header of these terms and conditions.
20. OUT OF COURT RESOLUTION OF A CONSUMER DISPUTE
- Dear consumer, if you believe that we have harmed you or failed to live up to our obligations, write to our email address: info@mopadzi.com
- If we fail to resolve the dispute directly, based on Act No. 378/2015 amending Act No. 634/1992 Coll., on consumer protection, you also have the right to an out-of-court settlement of a consumer dispute.
- The subject (ADR) of out-of-court resolution of consumer disputes between a trader and a consumer is the Czech Trade Inspection or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html .
- With the Czech Trade Inspection, the consumer has the option to submit a proposal via an online form, available on the website of the Czech Trade Inspection: https://adr.coi.cz/cs .
- The consumer can submit a proposal to the Czech Trade Inspection or an authorized entity no later than 1 year from the day on which he exercised his right, which is the subject of the dispute, with the seller for the first time.
- The consumer can also submit a proposal through the EU Consumer Out-of-court Dispute Resolution Platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS . Only a consumer living in the EU can submit a proposal here to a trader based in the EU.
- If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for out-of-court settlement of consumer disputes were violated during the proceedings, they can file a complaint at the address of the Ministry of Industry and Trade or at the email address adr@mpo.cz.
- In the case of cross-border disputes, the European Consumer Center of the Czech Republic helps consumers to access the relevant entity for the out-of-court resolution of consumer disputes.
- The costs associated with the out-of-court settlement of consumer disputes are borne by the parties themselves.