EUwide delivery just €99, products are dispatched from EU warehouses
Home / Terms and Conditions

Terms and Conditions

Business terms and conditions for the online store EMSzero.eu

(Run by the RationalFans s.r.o. company)

 

  0. SUMMARY OF BUSINESS TERMS

0.1. The online store at the address http://www.emszero.eu is operated by the business company RationalFans s.r.o., with its registered office at Za farou 43a, 664 41 Troubsko, IČO 07353171, registered in the commercial register maintained by the Regional court in Brno, in section C, file number 107725, VAT number CZ07353171. You can contact us at the address of our headquarters, on our email: emszero.eu@gmail.com

0.2. As soon as you send your order through the online store, the purchase and contract are concluded. We will confirm the acceptance of the order and the conclusion of the contract by email.

0.3. Make the payment within 7 days of concluding the contract or later depending on the selected payment method.

0.4. As a consumer (see definition in Article 1.2.2.1 of the terms and conditions) you can withdraw from the concluded contract, until the expiry of 14 days from the day of receipt of the goods. In which cases it is not possible to withdraw from the contract, can be found in the full text of the terms and conditions. We can withdraw from the concluded contract until the moment when you take over the goods from us, for the reasons stated in the full text of the terms and conditions. After resignation from the contract, you will return the goods to us, including any gifts and bonuses, if we have given you any, to your own costs, within 14 days of withdrawal from the contract. We will refund your money within 14 days of delivery withdrawal, but not before you return the goods to us or prove that the goods have been sent to us.

0.5. We process your personal data in accordance with the relevant legal regulations. You can find more information in our Privacy Policy.

0.6. Available delivery and payment methods, as well as any restrictions related to this, can be found on our website online store on the How to shop page. You become the owner by taking over the goods; if you are an entrepreneur (see definition in Art. 1.2.2.3. terms and conditions) or a non-entrepreneur (see definition in Article 1.2.2.2 of the terms and conditions), then note however, before you fully pay the total price. If damaged goods are delivered to you as a consumer, notify us immediately (48 hours at the latest). In the event that you discover damage when taking over the goods, inform us about the damage in carriage and document everything properly. If you, as an entrepreneur or non-entrepreneur, are delivered damaged goods, resolve the damage with the carrier.

0.7. If you are a consumer, you have the right to claim defects that the goods had when you received them and that the goods have manifested within 2 years of receiving the goods. How exactly to complain about the goods and what you can do in the event of a complaint to apply, you can find in the Complaints Regulations.

0.8. If you are not a consumer (i.e. entrepreneur and non-entrepreneur), you can claim defects that were on the goods at the moment when the risk of damage has passed to you, by making a claim without undue delay after you could inspect the goods and identify the defect, but within 6 months at the latest, or within 2 years in the case of a hidden defect, from delivery of the goods. You are obliged to complain about the defect without undue delay after you have discovered it (i.e. within 48 hours). How exactly to complain and what you can ask for in the event of a complaint can be found in the Complaints ToS & Warranty page.

 

  1. GENERAL PROVISIONS

1.1. Scope of business conditions. These terms and conditions govern the conclusion of contracts between us as by the merchant and you as a customer through the online store and our and your rights and contractual obligations. The Terms of Protection are also part of these terms and conditions personal data and complaints procedure. The terms and conditions take effect on 1 January 2024.

1.2. Terms used. We use the following abbreviations in our terms and conditions:

1.2.1. We, which means the merchant, i.e. the business company RationalFans s.r.o. , with registered office at Za farou 43a, 664 41 Troubsko, IČO 07353171, registered in the commercial register maintained by the Regional Court in Brno, in section C, insert 107725, VAT number CZ07353171.1.2.2. You, which means the customer, i.e. the other contracting party different from us, which can be one from the following subjects:

1.2.2.1. A consumer, who is a person (natural person) not acting within the scope of his or her business activity independent performance of one's profession,

1.2.2.2. Non-entrepreneur, which is a legal entity not acting within the scope of its business activity or within independent performance of one's profession,

1.2.2.3. Entrepreneur, who is a person (natural person) or a legal entity acting in the scope of his business activities or in the independent exercise of their profession.

1.2.3. Online store, i.e. our web interface located at the web address http://www.emszero.eu, in which you can view our offer and order goods from our assortment.

1.2.4. email, i.e. electronic mail, by which we can be contacted at the email address available on the web address of our online store.

1.2.5. A telephone number that can be used to contact us at the telephone number available on our web address online store.

1.2.6. Contracts, which means purchase contracts entered into between us as a merchant and you as by the customer through the online store.

1.2.7. Civil Code, which means Act No. 89/2012 Coll., Civil Code, as amended.

1.2.8. Privacy Policy, for processing information personal data and related rights and obligations arising from the relevant legal regulations.

1.2.9. Complaints procedure, where you can find information about rights from defective performance and the method of their application (complaint).

1.3. Relationship of business terms to the contract. Terms and conditions are an integral part of contracts. Deviant stipulations in the contract take precedence over the wording of the terms and conditions.

1.4. The relationship of the contract and terms of business to legal regulations. Rights and obligations not modified by the terms and conditions or the contract are governed by the legal regulations of the Czech Republic, especially the ones of the Civil Code and, in the case of consumers, Act No. 634/1992 Coll., on consumer protection, as amended by regulations. In the event of a conflict between the terms of business or the contract with a legal regulation, if not on a matter that can be modified differently by agreement, the legal regulation takes precedence.

1.5. Separability of terms and conditions and contractual provisions. If any of the provisions, terms and conditions and/or contractual arrangements become invalid, ineffective or will not be taken into account, the validity and effectiveness of other provisions of the terms and conditions of business and / or contract are not affected by the arrangement.

1.6. Relations with an international element. The legal relationship between us and you in the case in the presence of an international element is governed by Czech law, and Czech courts are competent to resolve any disputes. United Nations Convention on Treaties on the international purchase of goods (Vienna Convention) does not apply.

1.7. Ways to resolve complaints. Any complaints and disputes between you and us can be resolved

1.7.1. by email at the email address emszero.eu@gmail.com,

1.7.2. If you are a consumer, you can resolve consumer disputes arising from the contract through a proposal to seek an out-of-court resolution of such a dispute to a designated entity for out-of-court resolution of consumer disputes, which is: Czech Trade Inspection, Central Inspectorate - ADR Department, Gorazdova 1969/24, 120 00 Prague, email: adr@coi.cz, website: adr.coi.cz. The consumer can for an out-of-court settlement of a consumer dispute from the contract concluded online, also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.

1.8. Supervisory authorities. Our activities are controlled and supervised by the state authorities of the Czech Republic if possible, in accordance with the legal regulations that regulate their scope and powers, to turn to their own stimuli. The bodies of state supervision are, in particular:

1.8.1. Czech Trade Inspection,

1.8.2. trade authorities,

1.8.3. Office for Personal Data Protection,

1.8.4. regional hygiene stations.

1.9. Exclusion of customer terms and conditions. These terms and conditions apply exclusively; any use of your terms of business for the relationship governed by these terms of business and the contract is excluded, even if we deliver the ordered goods without any reservations. The provisions of § 1751 par. 2 of the Civil Code shall not be used in contracts and other legal negotiations according to these terms and conditions.

 

  2. ORDERING GOODS AND CONCLUSION OF CONTRACTS

2.1. Ordering goods through the online store. Ordering goods through the online store by selecting the offered goods in the required quantity, quality and design by placing the goods in the virtual basket. If after adding the selected item to the shopping cart you intend to complete your order and then send it to us, you can click on the cart icon or the button "Continue to cart" which will redirect you to the virtual cart overview. Subsequently you can click the "Continue" button to go to the page for choosing the method of delivery of the goods and payment. By clicking on the "Continue" button, you will be redirected to the page for filling in the required data (especially invoicing and delivery), or to log into your customer account, if you haven't done yet. Your order will be sent using the "Order with payment obligation" button, whereby a contract will be concluded. Before sending the order, you will be allowed to check and possibly change the entered data. Acceptance of our offer with an amendment or deviation is not possible and in such case it will not happen by sending the order to conclude the contract.

2.2. Error detection and correction. In the event that, as part of the process of ordering goods according to Art. 2.1. you enter the data which the online store evaluates as incorrect or any of the mandatory data is missing, the system will highlight the relevant field with incorrect or missing data in red to alert you to this fact pointed out. Possible errors arising during the entry of data within the process of ordering goods according to Art. 2.1. you can fix it up until the moment the order is shipped. For the correctness of the filled-in data in any case you answer when the online store evaluates only the formal correctness of the given data (i.e. whether it corresponds to the required form), not their substantive correctness.

2.3. Confirmation of receipt of order. We will confirm the successful acceptance of your order and the conclusion of the contract on your email address by sending an email message, which will include:

2.3.1. confirmation of the conclusion of the contract and its content;

2.3.2. wording of these terms and conditions;

2.3.3. Complaints Procedure;

2.3.4. Terms of personal data protection.

If the order is incomplete or incorrect, we will invite you to complete it or notify you of the impossibility of concluding a contract.

2.4. Minor differences in goods. We would like to inform you that the delivered goods may be small (in an insignificant way) differ from the product photo of the goods listed in the online store, while there are no such minor deviations or differences that have no effect on your ability to use the goods as grounds for withdrawal from the contract and/or for exercising rights from liability for defects.

2.5. Contract language and retention. Contracts are concluded in the Czech language. We store concluded contracts for our own need, access to them is not possible without requesting such access from us. You can find the confirmation of the contract in the receipt of the order.

 

  3. CONTRACTS CONCLUDED AND THEIR CONTENT

3.1. Change and cancellation of the contract. It is not possible to change or cancel concluded contracts unilaterally; can only do so on the basis of a mutual agreement, or if the legal regulation or terms and conditions so stipulate.

3.2. Content of the purchase contract. On the basis of the concluded purchase contract, we are obliged to deliver to you in the agreed manner of ordered goods and you are obliged to take over the goods and pay us the total price, which is made up of the price of the ordered goods, the fee for the selected payment method, the cost of delivering the goods and the price of any other ordered services.

3.3. Protection of intellectual property. If we supply you with goods that are protected by rights under a contract like intellectual property (especially copyrighted works, trademarks, industrial designs, patents and utility models), a license authorizing the exercise of intellectual property rights is not part of the contract. Goods protected by copyright may not be used other than for personal use and not as a legal entity other than for your own internal needs, in particular you are not authorized to reproduce, resell, rent or otherwise sell the goods to third parties.

3.4. Discounts and promotions. For discounts or other marketing actions, unless otherwise specified, it is not possible to combine the individual discounts and other benefits provided.

3.5. Gifts and bonuses. If you were given gifts or other bonuses as part of the contract, its existence is a gift contract dependent on the existence of the main contract, and the gift contract is concluded with a release clause cancellation of the gift contract in the event of termination of the main contract.

3.6. Discount coupons and gift vouchers. Discount coupons and gift vouchers can be redeemed as agreed in the conditions or under the conditions stated on the coupon or voucher.

 

  4. PAYMENT TERMS

4.1. Payment methods. You can find the payment methods you can use on the corresponding page in our online store How to shop. You will be able to choose a specific payment method during the order process.

4.2. Time to pay. You are obliged to pay the total price before the delivery of the goods, according to the agreed method of payments. If the total price is to be paid before the goods are delivered, you are obliged to pay it within 7 days of closing contracts. If the total price is paid through a payment service provider, the total price is paid by crediting a monetary amount to our account with the payment service provider.

 

 5. DELIVERY TERMS

5.1. Methods of delivery. You can find the delivery methods you can use on the corresponding page in our online store “Purchasing, Delivery & Payment”. You will be able to choose a specific delivery method during the order process.

5.2. Restrictions on delivery of goods. We deliver goods only within the Czech Republic. For orders in the territory of the Slovak Republic, please use our online store at the web address: https://www.emszero.eu/.

5.3. Acquisition of ownership. You become the owner of the goods that we deliver to you upon acceptance of the goods. If you become an entrepreneur, the owner of the goods we deliver to you, upon handing over the goods, but not before completely closing the contract, you pay the total price.

5.4. Delivery time. The time for delivery of the goods varies according to the current availability of the goods, while the current delivery time can always be found directly in the environment of our online store for individual products, if possible. You can contact us at any time regarding the availability and delivery date of the goods via email or phone. The agreed time for the delivery of the goods starts from the conclusion of the contract. If the total price is to be paid before the delivery of the goods, the time for the delivery of the goods runs from the payment of the total price. The goods will be delivered at this time to the destination. If you are not a consumer, i.e. you are an entrepreneur or a non-entrepreneur, and the goods must be delivered by carrier, the goods will be handed over to the carrier at this time.

5.5. Acceptance of goods. You are obliged to take over the goods at the agreed time and place, depending on the method of delivery. If the goods are to be delivered by carrier, you are obliged to collect them upon delivery to the destination. The chosen carrier will inform you in advance about the delivery date. If you do not take delivery of the goods, we will be liable for the right to withdraw from the contract, the right to pay the costs associated with the delivery of the goods, if they have not been paid before delivery of the goods, and the right to payment of the storage fee for the period of storage of the goods, which ends at the moment when you take over the goods, withdraw from the contract or we withdraw from the contract. The storage fee is CZK 10 for each day. If we deliver the goods to you repeatedly after you have not taken them over, we have the right to charge you payment of costs associated with repeated delivery.

5.6. Damage to the goods during transport by the consumer. If you are a consumer, the risk of damage passes to you by receiving the goods. In the event that the goods are delivered to you damaged, you are obliged to notify us of the damage immediately, preferably:

5.6.1. by email at the email address emszero.eu@gmail.com,

In the event that you discover damage to the shipment when you receive the goods, you are obliged to inform not only us about the damage, but also inform the carrier when taking over the goods. You can ask for the damaged package to be unpacked before taking it over from the carrier and in the event that you discover that the goods have been damaged, you are not obliged to take them over from the carrier. We recommend properly documenting damaged outer packaging or other damage to the goods upon receipt or immediately afterwards so that the damage can be claimed from the carrier.

5.7. Damage to goods during transport by entrepreneurs and non-entrepreneurs. If you are an entrepreneur or non-entrepreneur and the goods are to be delivered by a carrier, the risk of damage to the goods passes to you by handing over the goods to the former carriers. If there is damage to the goods after the risk of damage has passed, we are not responsible for it and the damage to the goods does not affect your obligation to pay the total price and the obligation to accept the goods. If the goods are delivered damaged, you are obliged to immediately claim damage to the goods with the carrier.

5.8. Packaging of goods. Unless otherwise agreed, the goods will be packed in a way suitable for their preservation and protection.

 

 6. RIGHT OF WITHDRAWAL FROM CONTRACT

6.1. Generally about withdrawal from the contract. By withdrawing from the concluded contract, the contract is canceled from the beginning and the parties are obliged to return everything they provided under the canceled contract. By withdrawing from the contract, any gifts and/or bonuses are cancelled as well. The right to withdraw from the contract can be exercised under conditions which are set out in the terms and conditions, or if so provided by law.

6.2. Our right to withdraw from the contract. We have the right to withdraw from the concluded contract at any time from the date of conclusion of the contract until the moment you take over the goods from us, for the following reasons:

6.2.1. depletion of stocks of ordered goods,

6.2.2. non-acceptance of the goods upon delivery,

6.2.3. abuse of the order system of our online store,

6.2.4. entering incorrect data when ordering goods,

6.2.5. ordering goods at a price significantly lower than the usual price (excluding discount events), if the goods were for this price offered as a result of a mistake or error of our online store,

6.2.6. others worthy of special attention if you are an entrepreneur or a non-entrepreneur.

We will send you a notice of our withdrawal from the contract, including the reason, by email or by letter to the address specified in the order process. If the purchase price has already been paid by you in part, we will return the paid funds to you within 14 days of delivery of the withdrawal from the contract.

6.3. The consumer's legal right to withdraw from the contract. If you are a consumer, you have the right to withdraw from concluded contracts without giving a reason within a period that ends after the expiration of 14 days from the day following the day:

6.3.1. acceptance of the goods in relation to the purchase contract,

6.3.2. taking over the last piece of goods in respect of a contract the subject of which is the supply of several pieces of goods which are supplied separately;

6.3.3. taking over the last item or part of the delivery of goods in respect of a contract subject to delivery of goods consisting of several items or parts,

6.3.4. acceptance of the first delivery of goods in the case of a contract subject to regular delivery of goods after the agreed time,

6.3.5. the conclusion of a contract in relation to another contract.

6.4. Impossibility of withdrawal from the contract. As a consumer, you do not have the right to withdraw from the contract in particular for contracts:

6.4.1. about the delivery of goods that have been modified according to your wishes or adapted to your personal needs,

6.4.2. on the delivery of goods in sealed packaging, which is for health protection or hygiene reasons not appropriate to return after you have breached it,

6.4.3. on the delivery of perishable goods or goods with a short shelf life, as well as goods that have been irretrievably mixed with other goods after delivery,

6.4.4. about the provision of services, if they were provided in full; in the case of performance for consideration, only if started with your prior express consent before the expiry of the withdrawal period,

6.4.5. on the supply of goods or services, the price of which depends on fluctuations in the financial market, independently of our will and which may occur during the withdrawal period,

6.4.6. on the delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, with the fact that the delivery can only be made after thirty days and whose actual value depends on market fluctuations independent of our will,

6.4.7. on urgent repair or maintenance to be carried out at a place designated by you at your express request; however, this does not apply to the performance of other than requested repairs or the delivery of goods other than spare parts necessary to carry out repairs or maintenance,

6.4.8. on the delivery of an audio or video recording or computer program in a sealed package, if you violated it,

6.4.9. on the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply,

6.4.10. about accommodation, transport of goods, rental of means of transport, catering or use of free time, if it is to be fulfilled according to the contract on a certain date or in a certain period,

6.4.11. concluded on the basis of a public auction according to another law, which you can be physically present,

6.4.12. about the delivery of digital content that is not delivered on a tangible medium, after fulfillment has begun; in the case of performance for payment, if it began with your prior express consent before the expiry of the period for withdrawal, you have been advised that this terminates the right to withdraw, and we have provided confirmation of the concluded contract in text form (e.g. by email).

6.5. Withdrawal of the consumer due to unfair business practices. As a consumer, you also have the right to withdraw from the contract within 90 days from the date of conclusion of the contract or demand a reasonable price reduction of the goods, in the event that your right has been affected by unfair business practices in the sense of Act no. 634/1992 Coll., on consumer protection, as amended. You do not have this right if we prove that it is disproportionate in view of the nature and gravity of the unfair business practice.

6.6. Method of withdrawal from the contract. If you, as a consumer, have the right to withdraw from the contract and you want to withdraw from the contract, you can do so by any unequivocal statement addressed to us - of RationalFans s.r.o. , ID: 073 53 171, with registered office at Za Farou 814/43a, 664 41 Troubsko, for example:

6.6.1. by letter sent through the postal service operator to the above address, or

6.6.2. via email to the email address emszero.eu@gmail.com

You can use the attached model withdrawal form to do this, but it is not your duty.

6.7. Keeping the deadline. If you are a consumer, it is sufficient to comply with the withdrawal period if you send us the withdrawal on the last day of the period specified for withdrawal from the contract.

6.8. Return of goods after withdrawal from the contract. If you withdraw from the contract as a consumer, you owe us the goods to return, preferably within 14 days from the date of withdrawal from the contract at the latest

6.8.1. by sending the goods to the address of our headquarters, or

6.8.2. in person at our headquarters.

The deadline is considered to have been met if you send the goods back to us before the expiry of 14 days. You must return the goods to us undamaged, unsoiled, unworn and showing no signs of use, including all accessories and documentation, if possible in the original packaging. You are only responsible for reduction in the value of the goods that occurred as a result of handling these goods differently than is necessary to those familiarized with the nature, properties and functionality of the goods. At the same time, you are obliged to return all gifts and bonuses to us, received by you under or in connection with the canceled contract.

6.9. Costs associated with returning goods upon withdrawal. If you withdraw from the contract as a consumer, you will be liable for direct costs associated with returning goods. If the goods, due to their nature, cannot be returned normally by post, then you will bear the direct costs associated with returning the goods, which are estimated at the maximum the amount of CZK 999.

6.10. Refunds after withdrawal from the contract. If you withdraw from the contract as a consumer after paying, we will return the funds to you within 14 days of delivery of the withdrawal from the contract, but not before we receive the goods you return or prove that the goods have been sent to us. We will only refund the costs paid for the delivery of the goods in the amount corresponding to the cheapest delivery method we offer, if you as a consumer have chosen another than the cheapest method of delivery. If you withdraw from the contract only partially, i.e. withdrawal applies only to one of the ordered goods, you will be entitled to a refund of part of the originally paid delivery costs only if the costs of delivery of the goods to which the contract is withdrawn does not apply, or if it was less than the delivery costs you paid, in which case we will refund you corresponding to the difference between the total cost of delivery of the given order and the lower amount representing the lowering of the cost of delivery of goods to which withdrawal from the contract does not apply. If there is a decrease in value of returned goods as a result of handling them differently than is necessary to familiarize yourself with their nature, features and functionality, the returned amount will be reduced by the amount by which the value of the goods has decreased. Monetarily we will return the funds to you in the same way as we received them from you, or in a different way, which we will agree on, as long as this does not incur additional costs to you.

 

 7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. Complaints procedure. Your rights related to defective performance are governed by our Complaints Policy, which constitutes an integral part of these terms and conditions and is available in the footer of our online store, and further relevant provisions of the Civil Code.

 

 8. RECALL OF ELECTRICAL EQUIPMENT

8.1. Return withdrawal electrical equipment. In accordance with Act no. 542/2020 Coll., on end-of-life products, as amended, with us you have the option when purchasing certain types of goods (electrical equipment in within the meaning of this Act) hand over the same quantity (pieces) free of charge at the point of sale or delivery sold electrical equipment of a similar type and use for take-back.

8.2. Returning electrical equipment at other designated locations. You also have waste electrical equipment the possibility to return at other places designated for this purpose in the relevant municipality or at other persons with a return permit for collection of electrical equipment. Electrical equipment must not be disposed of together with mixed municipal waste, but it must be deposited in the places designated for it. Data on waste electrical equipment take-back locations can be found in the Register of electrical equipment take-back points maintained by the Ministry of the Environment, which is available at the following web address: https://visoh2.mzp.cz/RegistrMistZO/RegistrMistZOPublic.

 

 9. USER ACCOUNT

9.1. Definition. User account means a record in our database and the data assigned to it; is determined by a login name and password used for authentication. They can be assigned to a user account personal data, and if the user account represents a legal entity, this personal data identifies the natural person acting on their behalf.

9.2. Use of a user account. Some parts of the service may be tied to access to a user account. In this case, it is necessary to register a user account, which is bound by the terms of registration listed below.

9.3. User account registration conditions. By registering, you agree to the following terms and conditions:

9.3.1. We will perform the registration based on your request sent through the web form located within the online store, if all the required data is provided and you will agree to these terms of registration.

9.3.2. One email address can only be used for one user account.

9.3.3. You are obliged to provide correct and true data during registration and this data after establishing a user account to update them without undue delay if they change.

9.3.4. We reserve the right to refuse registration.

9.3.5. After setting up a user account, an activation email will be sent to the email address specified when setting up the user account, through which you will be able to activate your user account.

9.4. Password loss and recovery. If you lose your user account password, you can use the password recovery function. A link to reset your password will be sent to the email address provided when you created your user account. You will then be able to choose a new password for your user account.

9.5. Obligation to secure access data. The user account is used, among other things, for communication and negotiations with us. It is your responsibility to ensure that only you have access to your user account, if applicable a person authorized by you. The actions of such a person within the user account are considered to be actions on behalf.

9.6. User Account Availability. We do not guarantee the continuous availability of your user account; access to the user account may be temporarily disabled, especially as a result of maintenance for the online store, etc.

9.7. Restriction and cancellation of a user account. In the event of a breach of your obligations under these terms and conditions, we have the right to terminate or limit the provision of the service to you, for example by blocking your user account, by deleting it, or blocking access to the website. Your user account will also be cancelled in the following cases:

9.7.1. the information provided by you in the user account is clearly incorrect or false or contrary to the law or regulations, or

9.7.2. you have not used your user account for more than 2 years; 

About the possible cancellation of the user account due to Art. 9.7.2. You will be informed of these terms and conditions by an email message sent to the email address specified in the user account one (1) month in advance. You can prevent the cancellation of your user account by logging into your user account within the period according to the previous sentence.

9.8. User account cancellation request. You are entitled to cancel your user account at any time, based on your request sent to us via our email address.

9.9. Notification of user account cancellation. We will inform you about the cancellation of the user account by email to the address specified in the user account. In the event of cancellation of your user account, it will not be possible to further use that user account and its functions. This fact does not prevent you from setting up a new user account, except where your user account has been terminated for violation of legal regulations or these terms and conditions.

 

 10. POSTING OF USER CONTENT TO OUR WEBSITE

10.1. Checking your content. Your activities within this service are fundamentally not subject to research, approval or moderation on our part and we do not check their compliance with the law. We would like to inform you that we do not verify customer ratings and reviews on our online store. However, we reserve the right to perform various types of content checks, either before or after publication, and filter content accordingly, or make it completely unavailable (for example, in the form of suspending or disabling spam or defamatory comments or recognized illegal content).

10.2. Saving files. As part of this service, we allow you to upload and store files on our website storage (hereinafter referred to as "uploaded content"). You acknowledge that we do not provide you with this part of this service to guarantee that the uploaded content will remain unchanged or available. In particular, you note that we are not responsible for any damage that you may incur in connection with the loss or damage of the recorded content.

10.3. Third Party Rights and Legal Obligations Regarding File Storage. By uploading content through this service of ours, you confirm that you have sufficient authority to do so, in particular, that the uploaded content is not subject to legal protection, or you are the author or performer or have property rights to the uploaded content to an appropriate extent. At the same time, you note that in the event that we learn that certain content has been illegally transmitted or uploaded through this service of ours, we have the right to delete or disable it without notice and the obligation to cooperate with regard to this content with authorities investigating potential illegal activity, which may include reporting stored traffic and location data about you.

10.4. Features associated with entering user data on the website. As part of this service, we also provide:

10.4.1. the ability to add public comments,

10.4.2. opportunity to discuss in the forum.

Subject to the foregoing, the “control of your content”, “file storage” and “rights of third parties and legal obligations in connection with the storage of files" similarly, while "recorded content" is considered the corresponding option from the previous list. Illegal content in this may occur, for example, in the case of sharing copyrighted texts, defamatory statements against other persons or unauthorized offering of goods or services protected by trademark law.

10.5. Prohibited actions. In connection with the use of the website of our online store, you are not authorized to use software, scripts or similar mechanisms and measures that could disrupt functions of our online store or could unduly burden our servers and infrastructure. Further, you are not authorized to interfere with the online store in any way, change or block its content or disrupt the functioning of our online store in any way. You may not have a user account and use the possibilities of inserting user content in a way that would unreasonably restrict use of the services of other users or otherwise unreasonably restrict us or the operation of our online store. You may not burden the online store with automated requests or use automated software or other software that is not supported by us.

10.6. Limitation of Liability for Information Content. Since our online store allows storage or publication of information by the user, please note that we do not comply with the provisions of § 5 of Act no. 480/2004 Coll., on some services of the information society and on the change of some laws, as amended, responsibility for the content of such information. For information content stored at the request of users, we only respond to:

10.6.1. if we could, given the object of our business and the circumstances and nature of the case, know that the contents stored information or user actions are illegal, or

10.6.2. if we have demonstrably become aware of the illegal nature of the content of the stored information or about the illegal conduct of the user and we have not promptly taken all the steps that can be required of us, to remove or disable such information.

10.7. The right to file a complaint. You have the right to send us a request regarding the operation of our Internet at any time store and the information and content published on it, to our email address or to the address of our headquarters. We will deal with such a request within a reasonable period of time.

These terms and conditions take effect on 1 January 2024.