RECLAR SE se sídlem Politických vězňů 912/10, Praha 1 - Nové Město, 110 00, Czechia, ID number 108 640 16, zapsané v obchodním rejstříku vedeném u Městského soudu v Praze, oddíl H, vložka 2426 pro prodej zboží prostřednictvím on-line obchodu umístěného na internetové adrese www.reclar.com .
- INTRODUCTORY PROVISIONS
- These business terms and conditions (hereinafter referred to as the “Business Terms and Conditions”) of
Regulations on General Data Protection
I. General Provisions
- The Controller of personal data pursuant to Article 4, Paragraph 7 from Regulations (EU) 2016/679 of the European Parliament and from the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”) is RECLAR SE IČ 108 640 16 with its registered office at Politických vězňů 912/10, Praha 1 - Nové Město, 110 00, Czechia. (hereinafter “the Controller”).
- The contact details of the Controller are
Address: Politických vězňů 912/10, Praha 1 - Nové Město, 110 00, Czechia, Email: firstname.lastname@example.org
Personal data means all information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, network identifier or one or more specific elements of a physical, physiological, genetic, psychological, economic, cultural or social nature to prove identity of that natural person.
II. Sources and Categories of Personal Data Processed
- The Controller processes personal data that you have provided to them or personal data that the Controller has obtained by completing your order.
- The Controller shall process your identification and contact details and necessary data for fulfilment of the contract.
III. Lawfulness and Purpose of the Processing of Personal Data
- The lawful reason for processing personal data is:
- for fulfilment of the contract between you and the Controller pursuant to Article 6 (1b) GDPR,
- a legitimate interest of the Controller in the provision of direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1f) GDPR,
- your consent has been provided to processing data for the purpose of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1a) GDPR in conjunction with § 7 paragraph 2 of Act No. 480/2004 Coll., on company information services in cases of the absence of ordering goods or services.
- The purpose of processing personal data is:
- to complete the processing of your order and to exercise the rights and obligations arising from the contractual relationship between you and the Controller; when ordering, personal data are required for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the closure and fulfilment of the contract, without the provision of personal data, it is not possible to close the contract or be fulfilled by the Controller,
- for sending commercial communications and other marketing activities.
- No individual decision can be made automatically by the Controller within the meaning of Article 22 GDPR. You must provide your explicit consent for such processing.
IV. Data Storage Period
- The Controller shall keep personal data:
- for a period of time necessary to exercise the rights and obligations arising from the contractual relationship between you and the Controller and to enforce any claims made during these contractual relationships (for 15 years post termination of the contractual relationship).
- for as long as the consent to the processing of personal data for marketing purposes is still valid, or until it is revoked, or for a maximum of 15 years, if personal data are processed on the grounds of consent.
- Upon expiry of the personal data storage period, the Controller shall erase all personal data.
V. Personal Data Recipients (sub-contractors of the administrator)
- Recipients of personal data are persons:
- involved in the delivery of goods/services/implementation of payments under contract,
- provision of the operation and other services in connection with the operation of the e-shop,
- providing marketing services.
- The Controller intends to transfer personal data to a third country (non-EU country) or an international organisation. Recipients of personal data in third countries are providers of mailing services/cloud services.
VI. Your Rights
- Under the conditions set out in the GDPR, you:
- have the right to access your personal data pursuant to Article 15 GDPR,
- the right to rectification of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR.
- the right to erasure of personal data pursuant to Article 17 GDPR.
- the right to object to data processing pursuant to Article 21 GDPR and
- the right to data portability pursuant to Article 20 GDPR.
- the right to revoke consent to data processing in writing or electronically to the address or email of the Controller referred to in Article III of these regulations.
- You also have the right to lodge a complaint with the Office for Personal Data Protection if you believe that your right to the protection of personal data has been infringed.
VII. Data Protection Security Terms
- The Controller declares that they have taken all appropriate technical and organisational measures to secure personal data.
- The Controller has taken technical measures to secure the data and storage of personal data documentation, in particular via the use of strong passwords with the use of anti-virus programs.
- The Controller declares that all personal data shall only be accessible by the persons authorised by them.
VIII. Final Provisions
These terms shall become effective as of the 1.7.2021., registered office at Smrčinská 3270/14, Prague 5 Smíchov, 150 00, Czech Republic, Identification number: 282 45091, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 134990 (hereinafter referred to as the “Seller”)shall be regulated in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the 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 “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.reclar.eu (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Store Interface”).
- The business terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person who acts in ordering goods in the course of his business activity or in the course of his/her independent profession.
- Provisions differing from the terms and conditions can be agreed upon in the purchase contract. Provisions differing in the purchase contract shall take precedence over the provisions of the terms and conditions.
- The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in English. The purchase contract can be closed in English.
- The Seller may change or supplement the wording of the terms and conditions. This provision shall be without prejudice to rights and obligations arising during the period of the previous version of the terms and conditions.
- USER ACCOUNT
- Based on the Buyer’s registration via the website, the buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface allows it, the Buyer can also order goods without having to register directly from the web interface.
- When registering via the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update data entered in the user account upon any change. 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 their user account.
- The Buyer is not entitled to allow the use of the user account by third parties.
- The Seller may cancel the user account, especially if the Buyer has not used their user account for more than one year or if the Buyer breaches their obligations under the purchase contract (including terms and conditions).
- The Buyer acknowledges that the user account may always not be available, especially regarding the necessary maintenance of the hardware and software equipment of the Seller, which respectively may be undertaken by a third party.
- ENTERING INTO THE PURCHASE CONTRACT
- All presentation of goods placed on the web interface of the shop are of an informative nature and the Seller is not obliged to enter into a purchase contract concerning these goods. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
- The web interface of the store contains information about the goods, including the price of individual goods and the cost of returning the goods, if such goods cannot be returned by the normal postal route. Prices of goods are inclusive of VAT and all related fees. The prices of the goods remain valid if they are displayed on the shop’s web interface. This provision does not limit the Seller’s ability to enter into a purchase contract under individually negotiated conditions.
- The web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed on the store web interface is valid only in cases where the goods are delivered within the territory of the Czech Republic, unless stated otherwise.
- To order goods, the Buyer completes the order form on the web interface of the shop. The order form contains information about:
- ordered goods (the ordered goods are “placed” by the Buyer into the electronic shopping cart of the shop web interface),
- the method of payment for the purchase price of the goods, information on the required method of delivery of the ordered goods and
- information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
- Prior to sending the order to the Seller, the Buyer can check and change the data they have entered and allows the possibility for the Buyer to detect and correct errors arising when entering order data. The Buyer sends the order to the Seller by clicking on the “order” button. The data stated in the order will be deemed correct by the Seller. The Seller shall confirm order receipt to the Buyer by e-mail immediately upon receipt of the order to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
- Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation when processing the order (e.g. in writing or by telephone).
- The contractual relationship between the Seller and the Buyer comes into effect upon acceptance of the delivery of the order (acceptance), which is sent by the Seller to the Buyer via e-mail to the Buyer’s e-mail address.
- The Buyer agrees to the use of distance communication means when entering into the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with the closing of the purchase contract (internet connection and telephone costs) shall be borne by the Buyer, and these costs do not differ from standard rates.
- PRICE OF GOODS AND PAYMENT CONDITIONS
- The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the Buyer to the Seller in the following ways:
- cash on delivery at premises specified by the Buyer in their order;
- by bank transfer to the Seller’s account No. 1120267011/2700 IBAN CZ9427000000001120267011, kept at UniCredit Bank (hereinafter referred to as the “Seller’s Account”);
- cashless payments through the Global Payments Europe system;
- cashless payment card;
- Together with the purchase price, the Buyer is also obliged to pay to the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
- The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the business terms and conditions regarding obligation to pay the purchase price in advance.
- In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 7 days from the closing of the purchase contract.
- In the case of a cashless payment, the Buyer is obliged to pay the purchase price of the goods together under the payment variable symbol stated. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled the moment the relevant amount is credited to the Seller’s account.
- The Seller is entitled, especially if the Buyer does not confirm the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code does not apply.
- Any discounts on the price of goods provided by the Seller to the Buyer cannot be mutually combined.
- If customary in business relations or if so, stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the purchase contract. The Seller is a payer of value added tax (VAT). The tax document – invoice is issued by the Seller to the Buyer after payment of the price of goods and sent in electronic format to the Buyer’s email address.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
- The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer’s wish or for them self, which have been irretrievably mixed with other goods post delivery, are from a sealed package of which the consumer has removed the goods from the package and cannot be returned for hygiene reasons, and from a sound or video recording or computer program delivery contract if it has violated their original packaging.
- If this is not the case referred to in Article 5.1 of the business terms and conditions or any other case in which it is not possible to withdraw from the purchase contract, the Buyer has in accordance with the provisions of § 1829 paragraph 1 of the Civil Code the right to withdraw from the purchase contract within fourteen (14) days from the receipt of goods, where the subject of the purchase contract is several types of goods or a supply of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. Withdrawal from the contract can be sent to the following address: Mail Step as – RECLAR, Do Certous 2760/10, 193 00 Prague 9 – Horni Pocernice.
- In the case of withdrawal from the purchase contract according to Article 5.2 of the business terms and conditions, the purchase contract is cancelled immediately from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery receipt of the withdrawal from the purchase contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the cost of the return of goods to the Seller, even if the goods cannot be returned by normal mail.
- In the case of withdrawal from the purchase contract according to Article 5.2 of the business terms and conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the purchase contract by the Buyer in the same manner as the Seller accepted from the Buyer. The Seller is entitled to return the transaction provided by the Buyer upon returning the goods to the Buyer or otherwise, if the Buyer agrees and it does not incur additional costs to the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received from the Buyer before the Buyer returns the goods.
- The Seller is entitled to unilaterally set a claim for compensation of damage incurred to the goods against the Buyer’s claim for refund of the purchase price.
- In cases where the Buyer in accordance with the provisions of § 1829 paragraph 1 of the Civil Code has the right to withdraw from the purchase contract, the Seller is also entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer.
- In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
- If a gift is provided together with the goods to the Buyer, the gift contract between the Seller and the Buyer is closed on the proviso that if the Buyer withdraws from the purchase contract, the gift contract for such a gift expires and the Buyer is obliged to return the provided gift.
- TRANSPORT AND DELIVERY OF GOODS
- If the mode of transport is negotiated based on a special request from the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
- If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the purchase contract, the Buyer is obliged to take over the goods upon delivery.
- In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by another means than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods and costs associated with other delivery methods respectively.
- When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the case of any defects notify the carrier immediately. In the case of identifying a packaging breach, which indicates unauthorised entry into the shipment, the Buyer need not take the shipment from the carrier.
- Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the Seller, if issued by the Seller.
- RIGHTS REGARDING DEFECTIVE GOODS
- The rights and obligations of the contracting parties in respect of rights from defective goods are governed by the relevant generally binding legal regulations (the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
- The Seller is responsible to the Buyer that the goods will be free from defects upon receipt. In particular, the Seller is liable to the Buyer, at the time, when the Buyer has received the goods:
- the goods have characteristics which the parties have agreed to and, in the absence of an arrangement, have characteristics which the Seller or manufacturer has described or expected to have as a result of the nature of the goods and advertising carried out by them,
- the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
- the goods correspond to the quality or design agreed upon in the sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are of an appropriate quantity, measure or weight, and
- the goods comply with legal requirements.
- Provisions referred to in Article 7.2 of the business terms and conditions shall not apply to goods sold at a lower price due to defect for which the lower price was agreed, to wear of the goods caused by its normal use, if it is due to the nature of the goods.
- If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise their right if a defect that occurs in the consumer goods is within twenty-four months of receipt.
5.Rights regarding defective performance are exercised by the Buyer at the Seller’s address, where acceptance of the claim is possible with respect to the assortment of goods sold.
6.Other rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Buyer acquires ownership of the goods by paying the full purchase price for the goods.
- In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1e) of the Civil Code.
- Consumer complaints are handled by the Seller via the e-mail address email@example.com. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s email address.
- The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID No: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for out-of-court settlements of consumer disputes arising from purchase contracts. 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 the purchase contract.
- The European Consumer Centre Czech Republic, registered office Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) of the European Parliament and of the Council No. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending regulation (EC) No 524/2013 on the resolution of consumer disputes 2006/2004 Directive 2009/22/EC (on-line consumer dispute resolution regulation).
- The Seller is entitled to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., Consumer Protection, as amended.
- The Buyer hereby assumes the risk of any change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
- PERSONAL DATA PROTECTION
- It is obligatory to inform the buyer within the meaning of Article 13 Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (‘the GDPR Regulations’) for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the obligations under public law the seller performs can be found in a separate document.
- SENDING COMMERCIAL COMMUNICATION AND STORING COOKIES
- The Buyer agrees within the meaning of § 7 paragraph 2 of Act No. 480/2004 Coll., Company Information Services and on amendments to certain Acts (Act on Company Information Services), as amended, by sending commercial communications to the Seller’s email address or to the Buyer’s telephone number. Its obligatory to inform the Buyer within the meaning of Article 13 of the GDPR Regulations related to the processing of the Buyer’s personal data for the purpose of sending commercial communications is carried out by the Seller through a separate document.
- The Buyer agrees to the storage of cookies in their computer. If it is possible to make a purchase on the website and fulfil the Seller’s obligations under the purchase agreement without depositing so-called cookies on the Buyer’s computer, the Buyer may at any time withdraw consent under the previous sentence.
- May be delivered to the Buyer via the Buyer’s email address.
- FINAL PROVISIONS
- If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choice of law under the preceding sentence, a Buyer who is a consumer shall be deprived of the protection afforded to him by the provisions of the legal system which cannot be deviated from contractually and which, in the absence of a choice of law, would otherwise apply the provisions of Article 6 paragraph 1 Regulation (EC) No 593/2008 of the European Parliament and of the Council dated 17 June 2008 on the law applicable to contractual obligations (Rome I).
- If any provision of the commercial conditions is invalid or ineffective, or becomes so, a provision enters into force in place of the invalid provision/s, which are as close in meaning as possible to the invalid provision/s. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The purchase contract, including the terms and conditions, is archived by the Seller in electronic format and is not accessible.
- Seller’s contact details: Delivery address: Politických vězňů 912/10, Praha 1 - Nové Město, 110 00, Czechia, E-mail address: firstname.lastname@example.org.
In Prague on July 1, 2021