General terms and conditions for the application CarbonFix.cz
These general terms and conditions ("Terms") of the company CI3, s.r.o., with registered office at Jeronýmova 337/6, 252 19 Rudná, ID NO. 11667770, registered in the Commercial Register under No. C 352575, registered at the Municipal Court in Prague, e-mail firstname.lastname@example.org, phone number 736 162 066, Oldřichova 517/33, 128 00 Prague 2 ("We" or "Seller") in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code") mutual rights and obligations You, as buyers, and Us, as sellers, arising in connection with or pursuant to a purchase agreement (the "Agreement") entered into through the E-Shop on the www.carbonfix.cz website.
All information about the processing of your personal data is contained in Personal Data Processing Policy.
The provisions of these Terms and Conditions form an integral part of the Contract. The Agreement and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Conditions.
As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website (www.carbonfix.cz).
If any part of the Terms contradicts what we have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will take precedence over the Terms.
- The Price is the amount of money you will pay for the Services;
- VAT is a value added tax according to current legislation;
- The invoice is a tax document issued in accordance with the Value Added Tax Act for the Price;
- An Order is Your binding proposal to enter into a Service Purchase Agreement with Us;
- A User Account is an account established on the basis of the data provided by you, which enables the storage of the data entered and the storage of the history of ordered Services and concluded Contracts;
- You are the person shopping on Our E-shop, legally referred to as the buyer;
- Service is everything you can buy on the E-shop.
General provisions and instructions
- Purchase of the Service is only possible through the web interface of the E-shop.
- When purchasing the Service, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and truthful.
Conclusion of the contract
- The contract with Us can only be concluded in the Czech language.
- The contract is concluded remotely via the E-shop, with the cost of using remote means of communication being paid by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
- In order for us to conclude the Contract, you must create an Order on the E-shop. This proposal must contain the following information:
- Information about the Service you are purchasing (on the E-shop you mark the Service you are interested in purchasing with the "Order" button);
- Price information; this information will be entering as part of the creation of the Order within the E-shop user interface, and the Price information will be provided automatically based on the Service and payment selected by you;
- Your identification and contact information used enable us to deliver the Service, including but not limited to your first name, last name, delivery address, telephone number and email address.
- During the creation of the Order you can change and check the data until its completion. After checking, pressing the "Pay" button will complete the Order. Before pressing the button, however, you must confirm that you have read and agreed to these Terms, otherwise you will not be able to complete the Order. The check box is used to confirm and agree. After pressing the "Pay" button, all completed information will be sent directly to us.
- We will confirm your Order as soon as possible after it is delivered to Us. Confirmation will by provided by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.
- There may be cases where we are unable to confirm your Order. These are mainly situations where the Service is not available. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in an amended form compared to the Order. In such case, the Contract is concluded at the time You confirm Our offer.
- In the event that the Contract is concluded, you are obliged to pay the Total Price.
- If you have a User Account, you can place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
- In some cases, we allow a discount on the purchase of the Service. In order for the discount to be granted, you must fill in the details of the discount in the predefined field within the Order proposal. If you do so, the Service will be provided to you at a discount.
- Based on your registration within the E-shop, you can access your User Account.
- When registering for a User Account, it is your responsibility to provide correct and truthful information and to update it if it changes.
- Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we will not be liable for this.
- The user account is personal and you are not entitled to allow third parties to use it.
- We may cancel your User Account, in particular if you have not used it for more than 24 months or if you breach your obligations under the Agreement.
- The user account may not be available around the clock, especially with regard to necessary hardware and software maintenance.
Price and payment terms, retention of title
- The price is always indicated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Service within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply, which shall always be the same as the price in the Contract.
- The price is inclusive of VAT including all statutory charges.
- Payment of the Price will be required from You after the conclusion of the Contract and prior to delivery of the Service. You may pay the Price in the following ways:
- By bank transfer. We will send you the information for making the payment as part of the Order confirmation. In case of payment by bank transfer, the Price is payable within 7 days.
- By card online. In this case, payment is made through the payment gateway [TO BE ADDED], and payment is subject to the terms and conditions of this payment gateway, which are available at [TO BE ADDED]. In the case of online card payment, the Total Price is payable within 7 days.
- The invoice will be issued in electronic form after payment of the Price and will be sent to your e-mail address. The invoice will also be available in your User Account.
Accessing the service
- The service will be made available to you no later than 5 days after the payment is credited to the specified account.
Rights from defective fulfilment
- We warrant that the Service is free from defects at the time the risk of damage to the Service passes, in particular that the Service:
- corresponds to the agreed description, type and quantity and other agreed characteristics;
- is suitable for the purpose for which a Service of this kind is normally used;
- corresponds in quality or workmanship to the sample or sample provided to you before the conclusion of the contract.
- The rights and obligations with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- In the event that the Service is defective, i.e. in particular if any of the conditions under Article 7.1 are not fulfilled, You may notify Us of such defect and exercise Your rights under the defective performance (i.e. claim the Service) by sending an email or letter to Our addresses listed in Our identification data. In exercising the right of defective performance you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will process the claim in accordance with the defective performance right You have exercised.
- If the Service is defective, you have the following rights to have the defect remedied by delivery of a new Service without the defect,
- You also have the right to:
- a reasonable discount from the Price; or
- withdrawal from the Contract,
- we refuse to remedy the defect or fail to remedy it in accordance with the law;
- the defect manifests itself repeatedly,
- the defect is a fundamental breach of the Contract; or
- it is apparent from our statement or the circumstances that the defect will not be corrected within a reasonable time or without significant inconvenience to you.
- The right to withdraw from the Contract does not apply if the defect in the Service is insignificant.
- In the event that you have caused the defect in the Services yourself, you shall not be entitled to any rights under the defective performance.
- When you make a claim, we will issue a written confirmation stating:
- the date on which you made the claim;
- what is the content of the complaint;
- what method of complaint handling you require;
- Your contact details for the purpose of providing information about the handling of your complaint.
- If we do not agree on a longer period of time, we will remove the defects within 30 days of receipt of the complaint and provide you with information on the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
- We will inform you by e-mail and issue you a confirmation of the date and method of the complaint. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. by receipts or shipping receipts.
- We warrant that the Service is free from defects at the time the risk of damage to the Service passes, in particular that the Service:
Withdrawal from the contract
- Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
- If you are a consumer, i.e. a person purchasing the Service outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of a service, then within 14 days from its receipt. In the event that we have concluded a Contract which involves several pieces of the Service or the delivery of several parts of the Service, this period shall not begin until the date of delivery of the last piece or part of the Service, and in the event that we have concluded a Contract under which we will deliver the Service to you regularly and repeatedly, it shall begin on the date of delivery of the first delivery.
- You may withdraw from the Contract in any demonstrable way (in particular by sending an email or letter to Our addresses listed in Our identification data). You may also use the sample form provided by Us for withdrawal, which is attached as Annex 2 to the Terms and Conditions.
- However, even as a consumer, you cannot withdraw from the Contract in cases where the subject matter of the Contract is the performance referred to in Section 1837 of the Civil Code.
- The withdrawal period pursuant to Article 8.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period.
- In the event of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen by the withdrawal.
- We are entitled to withdraw from the Contract at any time before we deliver the Service to you if there are objective reasons why the Service cannot be delivered (in particular, reasons on the part of third parties or reasons inherent in the nature of the Service), even before the expiry of the period specified in Article 6.1 of the Terms. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. If you are purchasing the Service in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
Resolving disputes with consumers
- We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
- We handle consumer complaints via an electronic address email@example.com. We will send information about the handling of the complaint to the buyer's e-mail address.
- For out-of-court settlement of consumer disputes arising from the Contract is competent The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: www.coi.cz. The online dispute resolution platform located at ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
- European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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).
- If our legal relationship with you contains an international element, the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
- All written correspondence with you will be delivered by email. Our email address is listed next to Our identifying information. We will deliver correspondence to Your email address provided in the Agreement, in Your User Account or through which You have contacted Us.
- The Contract may only be amended by written agreement between us. We may, however, amend these Terms and Conditions, but such amendment will not affect any Contract already entered into, but only those entered into after the amendment becomes effective. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order a new Service, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with the Service on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change of your existing Contract for the regular and recurring supply of the Service, the new terms will become part of our Contract and will apply to the next supply of the Service following the effective date of the change. The notice period in the event that you give notice is 2 months.
- In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failures of subcontractors, etc.), we shall not be liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we and you have the right to withdraw from the Contract.
- A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.
- The Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and Conditions and the Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.
- These Terms and Conditions shall take effect 18. 5. 2023
Attachment n. 2 - WITHDRAWAL FROM THE CONTRACT form