General conditions
1.1. The scope of the Terms and Conditions. These Terms and Conditions govern concluding contracts between us as a trader and you as a customer through an online store, and our and your rights and obligations arising from those contracts. The Terms and Conditions also include compulsorily provided information and clauses concerning your personal data and their processing. The Terms and Conditions come into effect on 1. 1. 2022.
1.2. The expressions used in the Terms and Conditions. In our Terms and Conditions we use the following abbreviations:
1.2.1. We, which means the merchant, i.e. a company DC Solutions s.r.o., based in Voskovcova 1075/51, 15200 Praha, ID number 05263247, recorded in the Commercial Register at the Municipial Court in Prague, Section C, File No. 260902, Tax Identification No. CZ05263247.
1.2.2. You, which means the customer, i.e. the other contracting party, which may be one of the following persons:
1.2.2.1. Consumer, who is an individual not acting within their business or within the exercise of their profession,
1.2.2.2. Non-entrepreneur, who is a legal entity not acting within their business or within the exercise of their profession,
1.2.2.3. Entrepreneur, who is a person or a legal entity acting within their business or within the exercise of their profession.
1.2.3. Online store, i.e. our web interface located on the website http://www.membrania.eu, where you can see what we offer and you can order goods from what we offer.
1.2.4. E-mail, i.e. electronic mail through which you can contact us at the e-mail address on the website of our online store.
1.2.5. Phone through which you can contact us at the phone number available on the website of our online store.
1.2.6. Contracts, which mean Purchase contracts.
1.3. The relationship of the Terms and Conditions and the contract. The Terms and Conditions are an integral part of contracts. Different agreements in the contract have priority over the Terms and Conditions.
1.4. The contract and the Terms and Conditions and legislation. Rights and obligations not regulated by the Terms and Conditions or by the contract are governed by the laws of the Czech Republic, especially by Act No. 89/2012, The Civil Code, and Act No. 634/1992, on Consumer Protection, in accordance with the laws of the European Union, especially Directive 2011/83/EU on Consumer Rights and Directive 2000/31/EC on Electronic Commerce. In the case of a conflict between the Terms and Conditions, or the contract, and a law regulation, unless it is a matter which may be dealt with differently by an agreement, the respective law regulation has priority.
1.5. Severability of the Terms and Conditions and the contractual agreements. If any of the clauses of the Terms and Conditions or the contractual agreements becomes invalid, ineffective or not being taken into account, this shall not affect the validity and enforceability of the remaining clauses of the Terms and Conditions and the contractual agreements.
1.6. Relations with an international element. The legal relations between you and us are governed in the presence of an international element by the Czech law and Czech courts are competent for dealing with any disputes. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply. You are obliged to comply with any respective legal regulations of the EU and its bodies or the Czech law regarding the imposed sanctions or embargo towards any country, state, individual or legal entity worldwide. Should you breach abovementioned obligation, you shall be held responsible for any damage incurred to us in connection with such breach.
1.7. Complaint resolution. Your possible complaints can be dealt with
1.7.1. out of court with the assistance of the Czech Trade Inspection Authority (www.coi.cz),
1.7.2. through e-mail on the e-mail address sales@dcsolutions.cz,
1.7.3. in person at any of our premises,
1.7.4. by phone at the phone number +420739098989.
1.8. Supervisory authorities. Our activities are inspected and supervised by the state authorities of the Czech Republic which may be addressed with complaints in accordance with the laws that govern their scope and powers. The state supervisory bodies are in particular:
1.8.1. The Czech Trade Inspection Authority,
1.8.2. trade offices,
1.8.3. The Office for Personal Data Protection,
1.8.4. regional health offices.
Ordering the goods and concluding the contracts
2.1. Ordering the goods. The goods in our online store can be ordered in such a way that the offer for the contract, which means displaying the goods in our online store, can be accepted:
2.1.1. through the online store,
2.1.2. by an e-mail,
2.1.3. by a phone call.
Accepting our offer with an addition or a derogation is not possible and it will be considered a counter-offer from your part.
2.2. Ordering the goods via the Internet. You will order the goods through the online store when you select the offered goods in the required quantity, quality and design, place the goods into a virtual shopping cart, fill in the required information, select the method of delivery of the goods and the payment, and send your order by pressing the "place your order" button thereby concluding the contract. Before sending your order you will be allowed to check and possibly change the data entered.
2.3. Demanding for the goods via e-mail or website. You may request for offer of the goods via our online interface or via e-mail by sending an e-mail to the e-mail address sales@dcsolutions.cz which shall include:
2.3.1. the selected goods in the required quantity, quality and design,
2.3.2. the selected method of delivering the goods and the payment,
2.3.3. your identification details:
2.3.3.1. your name and surname, and, if applicable, the name of the legal entity,
2.3.3.2. your domicile or seat,
2.3.3.3. the address for delivering the goods,
2.3.3.4. the telephone number.
2.4. Demanding for the goods via phone. You may request for offer of the goods via phone by calling the phone number +420739098989, and telling us:
2.4.1. the selected goods in the required quantity, quality and design,
2.4.2. the selected method of delivery of the goods and payment,
2.4.3. your identification details:
2.4.3.1. your name and surname, and, if applicable, the name of the legal entity,
2.4.3.2. your domicile or the seat of the legal entity,
2.4.3.3. the address for delivering the goods,
2.4.3.4. the telephone number.
2.5. Receipt of your order. A successful receipt of your order and the conclusion of the contract will be confirmed by an e-mail from us to you which will include:
2.5.1. a confirmation of the conclusion of the contract and of its contents,
2.5.2. our Terms and Conditions which also include mandatorily provided information.
In the case of an incomplete or incorrect order you will be asked to amend it, or you will be notified of the impossibility of concluding the contract.
2.6. Product information and images. All product images diplayed in connection with goods in our online store are just illustrative and may not correspond to actual goods. Information about alternatives to our goods displayed in connection with goods in our online store are tentative therefore uniformity of their parameters is not guaranteed. We will provide you recommendation to usage of our goods in your system if you provide us specific information about intended usage of the goods.
2.7. The language of the contract and its saving. Contracts shall be concluded in the Czech, English language. We save the concluded contracts and you can access your contracts through the online store.
Concluded contracts and their contents
3.1. Changing and cancelling the contract. The concluded contracts cannot be unilaterally changed or canceled; it may only be done on the basis of a mutual agreement, or when provided for by law or the Terms and Conditions.
3.2. The contents of the purchase contract. On the basis of the concluded purchase contract we are obliged to deliver, in a stipulated manner, your ordered physical goods and provide any agreed service, and you are obliged to accept the goods and pay us the total price which includes the price of the ordered goods, the surcharge for smaller amount of goods, the price of the payment, the price of delivering the goods and the price of any other services ordered.
3.3. Protection of intellectual property. If we deliver to you, on the basis of the contract, the goods that are protected by intellectual property rights (especially copyrighted works, trademarks, industrial designs, patents and utility models), the license entitling you to exercise intellectual property rights is not part of the contract. The goods protected by copyright may only be used by you, as an individual, for personal use, and as a legal person, for internal use; in particular, you are not authorized to reproduce, sell or rent the goods or otherwise make it available to third parties.
3.4. Discounts and promotions. For discounts and other marketing events it applies that, if not stated otherwise, individual discounts and other benefits cannot be combined.
3.5. Gifts and bonuses. If you were, under the contract, provided with gifts or other bonuses, the existence of a deed of gift depends on the existence of the main contract, and the deed of gift is made with the condition of cancellation of that deed of gift in the event of termination of the main contract.
3.6. Discount coupons and gift vouchers. Discount coupons and gift vouchers can be applied under negotiated terms or conditions specified on the coupon or voucher.
Payment terms
4.1. Methods of payment. The total price may be paid in the following ways:
4.1.1. in advance by bank transfer to our account:
4.1.1.1. 100984/5500, IBAN: CZ3355000000000000100984, BIC (SWIFT): RZBCCZPP;
4.2. The period for payment and delay of payment. You are obliged to pay the total price either before delivery, when taking possession of the goods, or later according to the agreed payment method. If the total price is to be paid before delivery of the goods you are obliged to pay it within 14 days since an invoice is issued to you. If the total price is paid by a provider of payment service the total price is paid by crediting the sum of money to our account with the provider of payment service. Should you be in delay with a payment of an invoice issued after delivery of the goods, you shall be obliged to pay a contractual penalty amounting to 0.05% of the total price of the goods for each day of such delay. Should you be in delay with a payment of a proforma invoice issued prior to delivery of the goods for a period longer than 14 days, such order shall be deemed canceled and you shall be charged a restock fee amounting to 20% of the total price of the goods.
4.3. Payment through a loan. If the payment of the total price is agreed on the basis of a loan or another financial product under a contract with a financial services provider, this relationship is also governed by the contract and the terms of the financial services provider.
Delivery conditions
5.1. Methods of delivery. The methods of delivery that can be used refer to the corresponding page in our online store.
5.2. Restrictions on the delivery of goods. Delivery of goods in our country is not subject to any geographic restrictions.
5.3. The acquisition of title. You will become the owner of the goods delivered to you, if you are an entrepreneur, by concluding the contract, and as a non-entrepreneur or a consumer by taking possession of the goods, but not before you have paid the full price.
5.4. The delivery period. The agreed period for delivery of the goods runs from the conclusion of the contract. If the total price is to be paid before the delivery, the time for delivery of the goods starts to run from the moment of payment of the total price. The goods will be delivered at that time to the destination. If you are not a consumer and the goods are to be delivered to their destination by a carrier, the goods will be forwarded at that time to the carrier.
5.5. Taking possession of the goods. You are obliged to take possession of the goods at the agreed time and at the agreed place, depending on the method of delivery. If the goods are to be delivered by a carrier, you are obliged to take possession of them upon delivery to the destination. If you do not take possession of the goods we are entitled to withdraw from the contract, to have the costs associated with the delivery of the goods paid, unless they were paid before delivery of the goods, and to have the storage of the goods paid for - the period of storage ending at the moment when you take possession of the goods, withdraw from the contract, or the contract is cancelled by us. The price of the storage is 2 EUR per day but the total amount shall not exceed the cost of the stored goods. If the goods are delivered to you repeatedly after your failure to take possession of them, we are entitled to reimbursement of the costs associated with the repeated deliveries.
5.6. Damage to the goods when being transported to a consumer or a non-entrepreneur. If you are a consumer or a non-entrepreneur, the risk of damage to the goods passes to you when you take possession of them. If the goods are delivered damaged you are obliged to inform us immediately about the damage, the best methods being:
5.6.1. by e-mail to the e-mail address sales@dcsolutions.cz,
5.6.2. in person in any of our premises,
5.6.3. phoning us to the telephone number +420739098989.
If you find damage to the goods right at the time of taking possession of them, you are obliged to inform not only us but also the carrier about the damage when picking the goods. You may ask the carrier to unpack the damaged goods before taking possession of them and if you find out that the goods have been damaged you are not obliged to take them from the carrier.
5.7. Damage to the goods during transportation to the entrepreneur. If you are an entrepreneur and the goods are to be delivered via a carrier, the risk of danger of damage to the goods passes to you when the goods are transferred to the carrier. If there is damage to the goods after the risk of damage being 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 take possession of the goods. If your goods are delivered damaged, you are obliged to make a complaint about the damaged goods with the carrier immediately.
5.8. Packaging the goods. Unless agreed otherwise, the goods will be packaged in a manner suitable for their preservation and protection.
Right to withdrawal from the contract
6.1. General conditions of withdrawal from the contract. By withdrawing from the concluded contract the contract is canceled from the very beginning and the parties are obliged to return everything that they have provided to each other under the cancelled contract. By withdrawing from the contract a dependent deed of gift is cancelled, too. The right to withdrawal from the contract may be exercised under the conditions laid down in the Terms and Conditions, or if 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 since the date of conclusion of the contract until the moment when you take possession of the goods, by the reason:
6.2.1. stockout of ordered goods,
6.2.2. your failure to take possession of goods during delivery,
6.2.3. abuse of ordering systems of our online store,
6.2.4. stating incorrect details while ordering goods,
6.2.5. ordering goods for significantly lower price than usual if the goods are offered for this price due to mistake or error of our online store,
6.2.6. further reasons deserving special consideration.
6.3. The statutory right of the consumer to withdraw from the contract. If you are a consumer, you have the right to withdraw from the contract since the day
6.3.1. when you take possession of the goods, if it is a purchase contract,
6.3.2. when you receipt the last delivery of the goods, if it is a contract the subject of which is several kinds of goods or deliveries of several parts,
6.3.3. when you receipt the first delivery of the goods if it is a contract the subject of which is a regularly repeated delivery of goods,
6.3.4. when you conclude a contract if it is a different contract.
6.4. The impossibility of withdrawal from the contract. You do not have the right to withdraw from the contracts:
6.4.1. for delivery of goods that have been adjusted according to your wishes or for your personal use,
6.4.2. for delivery of goods in sealed packaging which have been taken out from the packaging and for hygienic reasons it is not possible to return them,
6.4.3. for delivery of goods subject to rapid deterioration as well as goods which were irrevocably mixed with other goods after the delivery,
6.4.4. for providing services if they were performed with your prior consent before the deadline for withdrawal from the contract,
6.4.5. other contracts, if provided by law.
6.5. The method of withdrawal from the contract. If the right to withdrawal from the contract has arisen for you and you want to withdraw from the contract, you may do so through a unilateral action the notice of which you will deliver to us, preferably
6.5.1. filling in a standard form for withdrawal from the contract that is in our online store at the website http://www.membrania.eu/termsAndConditions and sending it
6.5.1.1. by mail to the address of our seat,
6.5.1.2. by e-mail to the e-mail address sales@dcsolutions.cz;
6.6. Keeping the deadline. If you are a consumer, in order to comply with the deadline for withdrawal from the contract it is sufficient for you to send us a notice about your withdrawal on the last day of the period for withdrawal from the contract.
6.7. Returning the goods after withdrawal from the contract. If you withdraw from the contract, you are obliged to return the goods to us at your expenses, preferably simultaneously with the withdrawal from the contract, but no later than within 14 days from the delivery of the withdrawal notice, and preferably
6.7.1. by shipping the goods to the address of our seat.
You must return the goods to us intact, unpolluted, unworn and not displaying signs of use, including all accessories and documentation, preferably in the original packaging. At the same time you must return to us all the gifts and bonuses provided to you under the cancelled contract.
6.8. Refund after withdrawal from the contract. If you as a consumer withdraw from the contract, the money paid by you will be returned to you within 14 days from the receipt of the notice about your withdrawal from the contract, but not before you return the goods or prove that the goods have been shipped to us. The costs of delivering the goods to us will be refunded only in the amount corresponding to the cheapest comparable method of delivery that we offer. If there is a reduction in the value of the returned goods due to handling them in any other way than that was necessary to get acquainted with their character, features and functionality, the reimbursed amount will be decreased by the amount by which the value of goods was decreased. The money will be returned to you in the same way in which we received it from you, or in another agreed way if that does not incur your additional costs.
Complaints of defects of the purchased goods by consumers and non-entrepreneurs
7.1. The scope. This part of the Terms and Conditions applies to you only if you are a consumer or a non-entrepreneur, and governs our liability for defects of the goods.
7.2. The warranty period. The warranty period is 24 months, and for used goods 12 months, since taking possession of the goods.
7.3. Our liability for defective goods. We guarantee that the goods have no defects upon your taking possession of them and during the warranty period. We especially guarantee that the goods
7.3.1. have the properties that we have agreed on, and in the absence of such an agreement such properties that we or the manufacturer have described, or that you could have expected with respect to the nature of the goods and based on the ads,
7.3.2. fit the purpose that we state or that is usual for goods of this type,
7.3.3. correspond in quality or design to the agreed sample or model if the quality or design were determined according to the agreed sample or model,
7.3.4. are in the correct quantity, measure or weight, and
7.3.5. meet the requirements of the legislation.
7.4. Extended guarantee of quality. If there is specified, on the sold goods, on its packaging, in the instruction manual attached to the goods, in advertising or in the contract, a period during which the goods or their part can be used and which is longer than the warranty period, we guarantee, until the expiry of the specified period, that even if the warranty period has expired
7.4.1. the goods or their part will be usable for their usual purpose,
7.4.2. the goods or their part will retain their usual properties.
The period of extended guarantee of quality begins to run concurrently with the warranty period. The extended guarantee of quality is provided only with some of the goods, if it is indicated with the goods in the ways mentioned above.
7.5. Limitation of liability. We are not liable
7.5.1. in the goods sold at a lower price for a defect for which the lower price was negotiated,
7.5.2. for the wear and tear of the goods caused by common use,
7.5.3. in the used goods for defects corresponding to the degree of use or to the degree of wear that goods had when being taken possession of,
7.5.4. for defects of the goods where these arise due to the nature of the goods, particularly in consumable and quickly perishable goods,
7.5.5. for the goods if you knew, before taking possession of them, that they were defective,
7.5.6. if the defect was caused by yourself.
7.6. The period for exercising the right. You are obliged to inspect the goods as soon as possible and make sure of their properties and their amount. You are obliged to exercise your right from liability for defects without unnecessary delay as soon as you are able to detect the defect, always within the warranty period or within the extended guarantee of quality. Otherwise your right from liability for defects expires and will not be granted to you.
7.7. Your rights upon the occurrence of defective goods. If the goods have a defect, you have the right:
7.7.1. to free remedy,
7.7.2. if it is not, due to the nature of the defect, disproportionate, especially when the defect cannot be removed without unnecessary delay, to the delivery of new goods free of defects, but if the defect affects only part of the goods you may only request replacement of that part,
7.7.3. if the defect cannot be removed or the goods or their part replaced, to withdrawal from the contract,
7.7.4. to a reasonable discount on the purchase price.
7.8. Your rights upon the occurrence of defects in used goods. If the goods sold with a defect or the goods sold as the used ones have a defect, you have the right to:
7.8.1. free remedy,
7.8.2. a reasonable discount on the purchase price,
7.8.3. to withdrawal from the contract if the defect cannot be removed or the purchase price reduced.
7.9. Your rights in the event of repeated or multiple occurrences of defects in goods. If you cannot properly use the goods for a recurrence of the same defect after repair or for a greater number of defects, you have the right, according to your choice:
7.9.1. to have new goods delivered, or a component replaced, but this does not apply to goods sold with a defect or to used goods,
7.9.2. to a reasonable discount on the purchase price,
7.9.3. to withdrawal from the contract.
A recurring defect is such that occurs in the same thing after at least two previous repairs. A greater number of defects is such that at least three defects occur at the same time and each of them individually prevents the goods from being used.
7.10. The impossibility to demand withdrawal from the contract and delivery of new goods. If you cannot return the goods in the condition in which you received them, you cannot withdraw from the contract or demand delivery of new goods. This does not apply,
7.10.1. if there is a change in the goods as a result of an inspection to detect defects in the goods,
7.10.2. if you used the goods before the discovery of the defect,
7.10.3. if you did not cause impossibility of returning the goods intact by acts or omissions, or
7.10.4. if you sold the goods before discovering the defect, if you have consumed them, or if you have modified them while using them normally; if it happened only partially, you will return to us what you can and then you will give us a compensation up to the amount to which you benefited from the goods.
7.11. Methods of complaining. If you want to exercise your right from liability for defects you can do it best:
7.11.1. by shipping the goods to the address of our seat,
7.11.2. with a person who is mentioned in the warranty certificate or another document, on the packaging of the goods or in our online store as the person designated to deal with claims concerning defects.
7.12. Requirements for making a claim. The goods must be hand over to us in a state that will allow an assessment of the legitimacy of the claim; in particular, it is not possible to hand in excessively soiled goods. When making a claim it is necessary:
7.12.1. to prove that the goods have been purchased in our store,
7.12.2. to inform us about what defect is the subject of your claim and how you want the claim to be settled. Your desired way of settling the claim cannot be subsequently changed without our consent.
7.13. Dealing with a complaint. If you are a consumer, your complaint will be processed without unnecessary delay within 30 days at the latest from the date of making the claim. If you are a non-entrepreneur, your complaint will be processed without unnecessary delay. You will be notified about the processing of your complaint within this period and the goods will be returned to you in the same way as they were handed over to us. If the complaint is not processed in time, you have the right to withdraw from the contract. If your complaint is accepted as justifiable, the warranty period and the extended guarantee for quality is extended by the period in which we processed your complaint.
7.14. Reimbursement of the claim expenses. In the event that your claim is accepted as justifiable, you are entitled to reimbursement of necessary expenses that were effectively spent when exercising the right from liability for defects of goods. If the claim is rejected, we are entitled to reimbursement of necessary expenses incurred by returning your goods.
7.15. Confirmation of the claim. When exercising the right from liability for defects of the goods you will be given a written confirmation of when you have exercised the right, of the subject of the complaint and of what method of claim handling you require, then a further confirmation of the date and method of settling the claim, including a confirmation of repair and its duration, or a written justification of our rejecting your claim.
Complaints of defects of the purchased goods by entrepreneurs
8.1. The scope. This part of the Terms and Conditions applies to you only if you are an entrepreneur and regulates our liability for defective goods.
8.2. Our liability for defective goods. We will deliver to you goods at the agreed quantity, quality and design. If the quality and design are not agreed, we will deliver to you goods in quality and design suitable for the purpose evident from the contract, otherwise for the usual purpose. If the quantity is determined only approximately, we will determine the exact amount. If the goods have a defect when the risk of damage is being passed to you, we are liable for it. This is not the case if it is a defect that can already be seen when paying usual attention at the conclusion of the contract.
8.3. Special guarantee of quality for entrepreneurs. We do not provide special guarantee of quality and we are not liable for defects of goods after the risk of damage has been passed to you.
8.4. Limitation of Liability. We are not liable to you
8.4.1. for defects of goods sold at a lower price because of a defect for which the lower price was negotiated,
8.4.2. for the wear and tear caused by common use of the goods,
8.4.3. for defects in the used goods corresponding to the degree of use or wear that the goods had when being taken possession of,
8.4.4. for defects of goods where it is clear due to the nature of the goods, particularly in consumable and quickly perishable goods,
8.4.5. for defects of goods that you knew about before taking possession of the goods,
8.4.6. for defects of goods caused by yourself.
8.5. The period for exercising the right. You are obliged to inspect the goods as soon as possible to make sure of their properties and their amount. You are obliged to exercise your right from liability for defects of the goods without unnecessary delay, as soon as you are able to detect the defect. You may exercise the right within 6 months at the latest, in the case of hidden defects within 2 years from the day delivering the goods, or within the period of special guarantee of quality. Otherwise, your right from liability for defective goods expires and you will not be granted that right.
8.6. Your rights in a substantial breach of the contract. If a defect is a substantial breach of contract you have the right:
8.6.1. to have new goods or missing goods delivered,
8.6.2. to have the goods repaired,
8.6.3. to a reasonable discount on the purchase price, or
8.6.4. to withdrawal from the contract.
A substantial breach of the contract means delivery of goods with such a defect that we must have known about at the time of conclusion of the contract or with such a defect that you would not conclude the contract if you foresaw it; otherwise a breach of contract is considered non-substantial. If you do not inform us about your chosen right, you have the same rights as in a non-substantial breach of contract.
8.7. Your rights in a minor breach of contract. If the defect is a minor breach of contract, you have the right:
8.7.1. to have the defect repaired,
8.7.2. to a reasonable discount on the purchase price.
If you fail to inform us about your chosen right we will not be able to eliminate the defect by repairing the goods, delivering new goods or delivering what we have not delivered to you. You cannot later change the chosen right without our consent.
8.8. Impossibility of demanding withdrawal from the contract and of delivering new goods. If you cannot return the goods in the state in which you received it, you cannot withdraw from the contract or demand delivery of new goods. This does not apply,
8.8.1. if there was a change in the state of the goods as a result of an inspection to detect defects in the goods,
8.8.2. if you used the goods before discovering the defect,
8.8.3. if you did not cause the impossibility of returning the goods in an intact state by acts or omissions, or
8.8.4. if you sold the goods before discovering the defect, if you consumed them, or if you modified the goods when using them normally; if this happened only in part, you may return to us what can be returned, and for the rest you will give us a compensation to the amount in which you benefited from using the goods.
8.9. The methods of making a claim. If you want to exercise your right from liability for defects you can do so:
8.9.1. by shipping the goods to the address of our seat,
8.9.2. with another person stated in the warranty certificate or another document, on the packaging of goods or in our online store, who is designated to deal with the liability for defects.
8.10. Particulars of the complaint. The goods must be handed over to us in a state that will allow judging the legitimacy of the complaint. Especially, it is not possible to hand us the goods that are excessively soiled. When making a claim it is necessary:
8.10.1. to prove that the goods have been purchased in our store,
8.10.2. to tell us what defect of the goods you complain about and what method of handling the complaint you require. The desired method of handling the complaint cannot be subsequently changed without our consent.
8.11. Handling the complaint. Your complaint will be handled without unnecessary delay. The goods will be returned to you in the same way in which they were handed to us when you made your claim. If your complaint is accepted, the period for exercising your rights from liability for defects and the period of special guarantee of quality are extended by the period of time in which we processed your complaint.
8.12. Reimbursement of the expenses of the complaint. If your claim is accepted, you are entitled to reimbursement of necessary expenses effectively spent when exercising your right from liability for defects. If your claim is dismissed, we are entitled to reimbursement of necessary expenses we incur when returning your goods.
Protection and processing of personal data
9.1. Legal regulation. Your data are processed in compliance with the stipulations of the European General Data Protection Regulation (GDPR) and further data protection legislation.
9.2. Processing personal data based on the performance of a contract. We process your personal data on the basis of the performance of our obligations arising from the contracts concluded between you and us. We process your personal data for this purpose throughout period necessary for the performance of orders and complaints of defects. For this activities, your personal information may be made available to other entities (in particular our suppliers participating in the performance of the contracts, carriers and operators of payment systems). We process your personal data based on the performance of a contract for the purpose of keeping your user account in our online store for the period of existence of your user account.
9.3. Processing personal data for the purpose of sending commercial messages. We also process your personal data in order to offer your products and services through commercial messages on the basis of our legitimate interests unless you denied it.
9.4. Processing personal data based on the legitimate interest. We also process your personal data on the basis of our legitimate interests for the following purposes: defense of our legal claims, internal control and record-keeping. We store your personal data for the limitation period extended by another year with regard to claims raised at the end of the limitation period. In the event that court or other proceedings are started, we process your personal data to the necessary extent throughout the duration of such proceedings as well as for the remaining part of the limitation period after their termination.
9.5. Processing personal data on the basis of your consent. On the basis of your consent made for an indefinite period we process your personal data also for the purpose of:
9.5.1. sending and on-line displaying personalised offers of goods and services or offers of others entities,
9.5.2. transferring your personal data to other entities.
9.6. Processing based on fulfilment of legal obligations. We also process your personal data on the basis of fulfilment of legal obligation in order to fulfil certain duties required by law, especially keeping accounting records and providing information to authorities.
9.7. The scope of processing your personal data. The personal data we process are as follows:
9.7.1. the name and surname,
9.7.2. the date of birth,
9.7.3. the address,
9.7.4. the e-mail address,
9.7.5. the telephone number,
9.7.6. the identification number and tax identification number,
9.7.7. IP address.
9.8. Use of cookies. When using our online store cookies may be stored in your device. You can always refuse their use by setting your device accordingly.
9.9. Disagreement with the processing of personal data. You may express your disagreement with the processing of your personal data for the purpose of sending commercial messages and you may, at any time, withdraw your prior consent to the processing of personal data for other purposes.
9.10. Rentention period. We store your personal data for period necessary for the attainment of above mentioned purposes. Afterwards, personal data are being liquidated.
9.11. Entities involved in processing of personal data. We process all of the above-mentioned personal data in the position of a data controller. This means that we determine the above-defined purposes for which we collect your personal data and the means of their processing and that we are responsible for their due implementation. We also use the services of other processors, who process the personal data according to our instructions. Such processors include especially IT providers and other technology and support contractors, marketing and commununication tools providers.
9.12. Rights concerning personal data. Regarding your personal data you have also the right to:
9.12.1. obtain their rectification or completion from us without undue delay, if you find out that your personal data that we process are inaccurate or incomplete.
9.12.2. know which of your personal data we process, for what purpose, for how long, where we obtain your personal data, to whom we transfer them, who else processes them and what other rights you have in relation to the processing of your personal data. You also have the right to obtain access to these personal data and obtain a copy of the personal data being processed. The first copy will be provided free of charge and further copies will be paid.
9.12.3. obtain erasure of your personal data from us. We will erase your personal data without undue delay provided we no longer need your personal data for the purposes for which we processed them or you withdraw your consent to the processing of your personal data for which your consent is necessary and we do not have any other reason to process such data further or you use your right to raise an objection against the processing in relation to the personal data that we process on the basis of our legitimate interests and we arrive at the conclusion that we no longer have such legitimate interests justifying such processing or it occurs that our processing of your personal data is no longer in compliance with generally binding legislation. This right will not be applied where the processing of your personal data keeps being necessary for the fulfilment of our legal obligation or the establishment, exercise or defence of our legal claims.
9.12.4. restriction of the processing of your personal data. This right enables to request in certain cases that your personal data are marked and that such data are not subject to any further processing operations – not forever (as in the case of the right of erasure) but for a limited time. We are obliged to restrict the processing of your personal data when you contest the accuracy of your personal data – in this case we restrict the processing until we reach an agreement on the data accuracy, or we process your personal data without a sufficient legal basis but you prefer a restriction of processing to an erasure of such data, or we no longer need your personal data for the above-stated purposes of processing but you require them for the establishment, exercise or defence of legal claims, or you raise an objection against the processing. While we are investigating whether your objection is substantiated, we are obliged to restrict the processing of your personal data.
9.12.5. obtain back from us all of your personal data you have provided us and that we process on the basis of your consent and on the basis of performing a contract. We will transfer your personal data to you in a structured, commonly used and machine-readable format. In order to be able to transfer the data upon your request easily, we can use such form only to transfer data that we process in automated manner in our electronic databases.
9.12.6. raise an objection against the processing of personal data which is carried out on the basis of our legitimate interest. In such case, we will stop processing your personal data for the particular purpose, unless we have serious justified grounds to continue such processing.
9.13. Right to lodge a complaint with the Office for Personal Data Protection. You made lodge your complaint against our processing of your personal data with The Office for Personal Data Protection. You may exercise this right when you believe that we process your personal data illegitimately or at variance with generally binding legislation.
Valid from 10.4.2024
