GENERAL TERMS AND CONDITIONS
applicable from 9.6.2020
In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Czech Civil Code, as amended (hereinafter referred to as the "Civil Code"), these Terms and Conditions (hereinafter referred to as the "Terms and Conditions") regulate mutual rights and obligations between:
INX Digital Czech, a.s., Id. No.: 27592928, with registered office at Do Certous 2621/13, Horni Pocernice, 193 00 Prague 9, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 11061 (hereinafter referred to as the "Seller")
as the owner and operator of the on-line shop Megaink being operated on website: www.megaink.biz (hereinafter referred to as the "Website")
and the Customer (hereinafter referred to as the "Buyer")
incurred in connection with or on the basis of a purchase contract (hereinafter referred to as the "Contract") concluded between the Seller and the Buyer, whose subject matter is sale of Seller's goods (hereinafter referred to as "the Goods") through its on-line shop located on website www.megaink.biz.
- These Business Terms and Conditions form an integral part of the Contract. Wherever the rights and obligations arising from the Contract are referred to, they shall mean the rights and obligations arising from the Contract, including these Terms and Conditions.
- By concluding the Contract, the Buyer declares that it has read, understood and agrees with the current wording of these Terms and Conditions at each individual conclusion of the Contract.
- These Terms and Conditions supersede all other oral and written representations and agreements between the Seller and the Buyer regarding the Contract, except for the Contract itself, whose arrangements take precedence over these Terms and Conditions.
- The Seller may unilaterally change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- The current wording of these Terms and Conditions is freely accessible on the Seller's Website and thus everyone can display and archive them.
- The Buyer may only be an entrepreneur; Under Section 420 of the Civil Code, an entrepreneur is one who independently carries out a gainful activity in a trade or similar manner on his own account and responsibility with the intention to do so consistently for the profit oriented purpose. An entrepreneur is also considered to be any person who concludes contracts related to his/her own business, production or similar activities or in the independent exercise of his/her profession, or a person acting on behalf of or on behalf of an entrepreneur.
- CONCLUSION, PAYMENT CONDITIONS AND DELIVERY OF GOODS
- The Buyer enters into the Contract with the Seller upon completing the order on the Website.
- The offer of the Goods on the Website is an offer with the reservation of the exhaustion of stocks or the loss of the Seller's ability to perform the order.
- The Website contains information about the Goods and its specification, prices and certain further information related to Goods sale. Any prices exclude any applicable VAT and (if applicable) any other taxes or fees being payable in the Buyer’s country in connection with the sale of Goods. Prices exclude any transport or delivery costs unless explicitly stated otherwise. Prices remain in effect as long as they are displayed on the Website. This provision does not limit the Seller's ability to conclude the Contract under individually negotiated conditions. Any discounts on the price of the Goods provided by the Seller to the Buyer cannot be combined. When placing the order, a confirmation of the Buyer of its VAT registration in the respective country is required (the Buyer is required to state its VAT number).
- The Incoterms DAP rules shall apply to the delivery of the Goods unless explicitly stated otherwise. The Goods will be prepared for collection at the place of delivery. The place of delivery is Seller’s warehouse, address Do Certous 2621/13, Horni Pocernice, 193 00 Prague 20 unless explicitly stated otherwise. The Buyer bears the costs of transport of Goods and any risk related to transport, including any delivery or export procedures including customs duties.
- The Buyer agrees to use the means of distance communication when concluding the Contract. Any costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Buyer.
- The Buyer can order the Goods without the need to log in to the user account as well as after creating the account on the Website. After selecting the Goods, their quantity, the method of payment and the method of delivery (including the costs of such delivery), the Buyer has the possibility to check the data stated in the order and to change it if necessary. The Buyer sends the order to the Seller by clicking on the "ORDER" button. The Seller will confirm to the Buyer the delivery of the order by electronic mail. The Contract is concluded at the moment of delivery of the order to the Seller, the Seller’s confirmation per electronic mail is for information purposes only.
- If the Seller subsequently finds out that there was an error or inaccuracy in price, delivery date or data on the Goods in the order or order confirmation, the Seller will immediately inform the Buyer with a request to confirm the amended order. If the Buyer does not confirm the amended order within the period specified by the Seller, otherwise without undue delay after the delivery of the notice, the original order will be considered cancelled on the date of expiry of the period for confirmation of the amended order. The Seller will return the already paid payments to the Buyer within 14 days after the expiration of the period for amended order confirmation to the Buyer's bank account communicated to the Seller at least 5 working days before the due date.
- The Seller is entitled, depending on the nature of the order, to ask the Buyer for additional telephone or written confirmation of the order.
- The Seller may require the Buyer to pay deposit or similar payment. In such a case, the Buyer is notified of this fact before concluding the Contract in the description of the Goods or during the placing of the order.
- When placing an order, the Buyer may choose from the following methods of payment of the purchase price of the Goods and other costs:
- payment card via GoPay service,
- bank transfer.
Together with the payment of the purchase price, the Buyer is also obliged to pay the costs of packaging and delivery of the Goods in accordance with the Contract. In the case of delivery of Goods outside the Czech Republic, the choice of payment methods may be limited.
- In the case of payment by bank transfer, the purchase price is due within 10 days from the date of conclusion of the Contract. In other cases, the purchase price is payable when placing the order. The Buyer's obligation is fulfilled at the moment the payment of the purchase price is credited to the Seller's account.
- The Seller is entitled to demand payment of the entire purchase price and other costs before sending the Goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
- Upon payment of the purchase price and other costs, the Seller shall issue to the Buyer a tax document, which shall be sent to the Buyer by electronic mail.
- In all cases the invoiced amount for delivered Goods and transport services is set in EUR.
- If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Buyer, the place of delivery remains as stated in Art. II. 4 hereof, and the Buyer is obliged to take over the Goods upon its delivery. If, for reasons on the part of the Buyer, the Goods are delivered repeatedly or in a manner other than the contractual manner, the Buyer is obliged to pay the costs associated with such repeated or other means of delivery.
- In the event that the mode of transport is agreed upon a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
- Upon receipt of the Goods, the Buyer is obliged to check the integrity of the packaging and in case of any defects notify the carrier immediately. In the event of a violation of the packaging that indicates unauthorized intrusion into the shipment, the Buyer need not accept the shipment from the carrier.
- None of the delivery dates of the Goods agreed between the Buyer and the Seller may be taken as a fixed term within the meaning of Section 1980 of the Civil Code.
- RESERVATION OF TITLE
- The Seller reserves ownership of all Goods delivered to the Buyer until payment of the total purchase price of the delivered Goods is executed. The Buyer is entitled to use the Goods for the purpose for which it is intended after its receipt, but is not entitled to alienate the Goods or legally burden it in any way until the acquisition of ownership and is obliged to dispose of it with due diligence so as not to damage it or decrease its value.
- RIGHTS OF DEFECTIVE PERFORMANCE
- The Seller shall only be liable for damages in case the Goods are not delivered in time agreed on in the Contract or are damaged during the transport. The Buyer is obliged to notify the Seller of such event without undue delay. The Seller shall confirm to the Buyer in writing when he received such notice.
- Any other form of Seller’s liability in connection with the Goods is hereby excluded.
- If, after receiving the order, the Seller finds out that the Goods are no longer available, the Seller will immediately notify the Buyer on such fact accordingly. In such a case, the original order will be considered cancelled on the date of delivery of such notification. The Seller is also entitled to offer the Buyer comparable goods of comparable quality and price. The order of such Goods by the Buyer is governed by the provisions of these Terms and Conditions.
- PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL INFORMATION
- In case the Buyer is a natural person, the Buyer shall grant the Seller, within the meaning of Act No. 101/2000 Coll., on the Protection of Personal Data and in accordance with Regulation (EU) 2016/679 (GDPR), the Buyer expresses consent to the Seller to process the following personal data:
- first name and surname;
- date of birth;
- email address;
- telephone number;
- another data or information contained in the order or in any communication with the Seller.
- If the Buyer enters into the order not only its own personal data, but also the data of other persons, the Buyer expresses consents to the fact that these other data will be handled identically to its own data, and declares that the other persons involved consent to such handling. These data are necessary to draw up the letter of invitation (offer) and to enter into the Contract. These data will be processed by the Seller for the period during which discussions on entering into a Contract are pursued, and, should a Contract be entered into, for a period of 5 years from the conclusion of the Contract. The Buyer is entitled to withdraw its consent at any time, for example by sending a letter to the Seller’s address.
- The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing rights and obligations under the Contract and for sending information and commercial communications. The Buyer agrees to receive information related to the Seller's services to the Buyer's email address stated in the order or upon registration in the Website and further agrees to receive the Seller's commercial communications at this address. The Seller, as administrator, may entrust the processing of personal data to a third party as a processor. Except for persons transporting the Goods to the Buyer, the Buyer's personal data will not be provided to third parties without the Buyer's consent.
- The Buyer is obliged to provide its personal data correctly and truthfully and is obliged to inform the Seller of any possible change without undue delay. The Buyer confirms that the personal information provided is accurate and that it has been advised that this is a voluntary disclosure of personal information.
- Should the Buyer believe that the Seller or the processor is processing its personal data in violation of the Buyer's consent or in violation of the law, it may ask the Seller for an explanation and request that the defective condition be remedied.
- If the Buyer requests information about the processing of its personal data, the Seller is obliged to provide such information. The Seller has the right to demand reasonable compensation for the provided information pursuant to the previous sentence not exceeding the costs necessary for providing the information.
- The Buyer agrees to the storing of so-called cookies on computer generated by visiting of the Website. If it is possible to make a purchase on the Website and fulfil the Seller's obligations under the Contract without storage of cookies on the computer, the Buyer may at any time withdraw the consent under the preceding sentence.
- FINAL PROVISIONS
- The Buyer assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
- In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 para. e) of the Civil Code. The Buyer may address its complaints directly to the Seller or to the relevant supervisory or state supervisory authority.
- The Contract as well as the Terms and Conditions are governed by Czech law and Czech courts shall have the jurisdiction to hear disputes between the Buyer and the Seller.
- The Contract as well as these Terms and Conditions are entered into in the English language. If the Contract is required to be translated for the Buyer into another language, the English version prevails in case of discrepancies between the two language versions.
- If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, instead of the invalid provision, a provision whose meaning is as close as possible to the one of the invalid provisions commences. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Contract or Terms and Conditions require written form.
- Unless agreed otherwise, all correspondence relating to the Contract shall be delivered to the other contracting party in writing, by electronic mail, or in person or by registered mail, by postal service provider. It is delivered to the Buyer at the e-mail address stated in the order or at registration.
- These Terms and Conditions come into effect on 9.6.2020
INX Digital Czech, a.s.
Prague, on 9.6.2020