Terms of use

I.

Basic provision

1. 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")

2. 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").
3. 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.
4. 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

1. 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.
2. 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.
3. 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

1. The buyer orders the service in the following ways:

• through his customer account, if he has previously registered in the online store.

3. 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.

3. 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.
4. 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.
5. 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.
6. 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.
7. 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

1. 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.
2. 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.
3. 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.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. 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.
6. 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

1. 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

2. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
3. 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.
4. 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.
5. The service is delivered to the buyer:

• electronically to e-mail with a download link

6. 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.
7. 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

1. 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

1. 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.

2. 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.
3. 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.
4. 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.
5. The buyer has the choice of the method of complaint.
6. 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

1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.
2. 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

1. 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.
2. 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).
3. 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

1. 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.
2. 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.
3. 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.
4. The purchase contract, including business conditions, is archived by the seller in electronic form and is accessible.
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.