I.
Basic provision
- These general business conditions (hereinafter referred to as
"business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012
Coll., Czech
Civil Code
(hereinafter the "Civil Code")
Radek Jančík
Company ID: 07328818
with registered office: Antala Staška 1086/1, 73601 Havířov
Email: radek.jancik@sunamo.cz
Telephone: 773 684 356
(hereinafter referred to as the "seller")
- These terms and conditions govern the mutual rights and obligations of the seller and person who
enters into a purchase agreement outside his business as a consumer or within his business (hereinafter
"buyer")
through a web interface located on the website available apps.sunamo.cz
(hereinafter referred to as "online store").
- The provisions of the business conditions are an integral part of the purchase contract.
Deviating
provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in Czech or English,
according to
the preferences of the buyer.
II.
Information on services and prices
- Information about the service, including the prices of individual services and
its
main features, are listed for individual services in the online store catalog. Prices of
services are listed
including value added tax and all related fees. The prices of the services remain valid as long
as they are
displayed in the online store. This provision does not preclude the negotiation of a purchase
contract under
individually agreed conditions.
- All presentation of the service placed in the online store catalog is of an
informative nature and the seller is not obliged to enter into a purchase agreement regarding
this service.
- Any discounts with the purchase price of the service cannot be combined with each other, unless
the
seller agrees otherwise with the buyer.
III.
Ordering and concluding a purchase contract
- The buyer orders the service in the following ways:
- through his customer account, if he has previously registered in the online
store.
- When placing an order, the buyer chooses the service and method of payment.
Delivery
is always digital and the number of pieces is limited to 1 per account.
- Before sending the order, the buyer is allowed to check and change the data he
entered in the order. The buyer sends the order to the seller by clicking on the "Buy now"
button. The data
listed
in the order they are deemed correct by the seller. The condition for the validity of the order
is the
completion of all mandatory information in the order form and confirmation from the buyer that
he has read
these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a
confirmation of receipt of the order to the email address that the buyer entered when ordering.
This
confirmation is considered to be the conclusion of the contract. Attached to the confirmation
are the
current business conditions of the seller. The purchase contract is concluded by confirming the
order by the
seller to the email address of the buyer.
- In the event that any of the requirements specified in the order cannot be met
by
the seller, he will send the amended offer to the buyer's email address. The amended offer is
considered a
new draft of the purchase contract and in such a case the purchase contract is concluded by the
buyer's
confirmation of acceptance of this offer to the seller to his email address specified in these
terms and
conditions.
- All orders accepted by the seller are binding. The buyer can cancel the order
until the buyer receives a notification of receipt of the order by the seller. The buyer can
cancel the
order to the seller's email specified in these terms and conditions.
- In the event that there is an obvious technical error on the part of the
seller
when stating the price of the service in the online store, or during ordering, the seller is not
obliged to
deliver the service to the buyer for this clearly incorrect price. The seller informs the buyer
of the error
without undue delay and sends the amended offer to the buyer to his email address. The amended
offer is
considered a new draft of the purchase contract and in such a case the purchase contract is
concluded by a
confirmation of acceptance by the buyer to the email address of the seller.
IV.
Customer's account
- Based on the buyer's registration made in the online store, the buyer can
access
his customer account. The buyer can order services from his customer account.
- When registering in the customer account and when ordering the service, the
buyer
is obliged to state all data correctly and truthfully. The buyer is obliged to update the data
specified in
the user account in the event of any change. The data provided by the buyer in the customer
account and when
ordering the service are considered correct by the seller.
- Access to the customer account is secured by a username and password. The
buyer is
obliged to maintain confidentiality regarding the information necessary to access his customer
account. The
seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third
parties.
- The seller may cancel the user account, especially if the buyer no longer uses
his
user account, or if the buyer violates its obligations under the purchase agreement and these
terms and
conditions.
- The buyer acknowledges that the user account may not be available around the
clock, especially with regard to the necessary maintenance of hardware and software equipment of
the seller,
or. necessary maintenance of third party hardware and software.
V.
Payment terms and service delivery
- The price of the service and any costs associated with the delivery of the
service
according to the purchase contract can be paid by the buyer in the following ways:
- cashless transfer to the seller's account through the payment gateway
- In the case of payment through the payment gateway, the buyer follows the
instructions of the relevant electronic payment provider.
- 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 bank account.
- The seller does not require any advance payment or other similar payment from
the
buyer. Payment of the purchase price before providing the service is not a deposit.
- The service is delivered to the buyer:
- electronically to e-mail with a download link
- The seller will issue a tax document - invoice to the buyer. The tax document
is
sent to the buyer's email address. / The tax document is attached to the delivered service.
- The buyer acquires ownership of the service by paying the full purchase price
for
the service, including delivery costs, but first by taking over the service. Responsibility for
the loss of
the service passes to the buyer at the time of taking over the service or the moment when the
buyer was
obliged to take over the service, but did not do so in violation of the purchase contract.
VI.
Withdrawal from the contract
-
It is not possible to withdraw from the contract, due to was already provided full functionality of
Service. However, is possible not to allow another prolongation. Legislation according to § 1836 and §
1837 of the Civil Code.
VII.
Defective performance rights
- The seller responds to the buyer that the service is free of
defects upon receipt. In particular, the seller is responsible to the buyer that at the time
when the buyer
took over the service for use:
- the service has the characteristics agreed upon by the parties and, in the
absence
of an agreement, it has the characteristics described by the seller or the manufacturer or
expected by the
buyer with regard to the nature of the service and on the basis of the advertising they make,
- the service is suitable for the purpose stated by the seller for its use or
for
which a service of this type is usually used,
- the service corresponds in quality or design to the contracted sample or
model, if
the quality or design was determined according to the contracted sample or model,
- the service complies with the requirements of legal regulations.
- If an error occurs that prevents use, the seller is obliged to inform the
buyer
when the error will be generally corrected and issue a new version. The buyer can propose new
functions with
the seller notifying the opinion on the implementation.
- The right of defective performance does not belong to the buyer, if the
buyer
knew before taking over the thing that the thing has a defect, or if the buyer caused the defect
himself.
- In the case of a justified complaint, the buyer has the right to reimbursement
of
purposefully incurred costs incurred in connection with the complaint. The buyer can exercise
this right
from the seller within one month after the expiration of the warranty period.
- The buyer has the choice of the method of complaint.
- The rights and obligations of the contracting parties regarding the rights
arising
from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and
Sections 2161 to
2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
VIII.
Delivery
- The Contracting Parties may deliver all written correspondence to each other
by
electronic mail.
- The buyer delivers correspondence to the seller to the email address specified
in
these terms and conditions. The seller delivers correspondence to the buyer to the email address
specified
in his customer account or in the order.
IX.
Out-of-court dispute resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská
567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible
for the
out-of-court settlement of consumer disputes arising from the purchase contract. The online
dispute
resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between
the seller
and the buyer under a purchase agreement.
- European Consumer Center Czech Republic, with its registered office at
Štěpánská
567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point
pursuant to
Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online
dispute
resolution and amending Regulation (ES) No 2006/2004 and Directive 2009/22/EC (the Online
Consumer Dispute
Resolution Regulation).
- The seller is entitled to sell the service on the basis of a trade license.
Trade
licensing is carried out within the scope of its competence by the relevant trade licensing
office. The
Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No.
634/1992 Coll., On
Consumer Protection.
X.
Final Provisions
- All agreements between the seller and the buyer with the laws of the Czech
Republic. If the relationship established by the purchase contract contains an international
element, then
the parties agree that the relationship is governed by the law of the Czech Republic. This does
not affect
the consumer's rights arising from generally binding legal regulations.
- In relation to the buyer, the seller is not bound by any codes of conduct in
the
sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
- All rights to the seller's website, in particular the copyright to the
content,
including page layout, photos, films, graphics, trademarks, logos and other content and
elements, belong to
the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof
without the
consent of the seller.
- The purchase contract, including business conditions, is archived by the
seller in
electronic form and is accessible.
- 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.