TERMS AND CONDITIONS

for sale of goods through an online store located at www.zoxcall.com operated by ZOXCALL a.s. with its registered office at Havlíčkova 1030/1, 110 00 Praha 1, Identification Number (IČ): 27904938, company registered in the Commercial Register kept at the Municipal Court in Prague, Section B, Insert 11923.

Introductory provisions

These Business Terms and Conditions (the “Business Terms”) of ZOXCALL a.s. with the registered office at Havlíčkova 1030/1, 110 00 Praha 1, identification number (IČ): 27904938, entered in the Commercial Register kept at the Municipal Court in Prague, Section B, Insert 11923 (hereinafter referred to as the “Seller”) govern the mutual rights and obligations of the contractual (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and any other natural or legal person (hereinafter referred to as the “Buyer”) via the Seller’s Internet Store. The e-shop is operated by the seller at www.zoxcall.com through the web interface (hereinafter referred to as the “web interface of the store”).

If the purchase contract is concluded by a natural person outside of his / her business or outside the scope of the independent exercise of his / her occupation, such natural person shall be a consumer and shall be subject to certain special arrangements of the Purchase Contract and these Business Terms and Conditions. Such a natural person is then referred to as “consumer” in these business terms as well.

The Business Terms also govern the rights and obligations of the parties in using the Seller’s Website located at www.zoxcall.com (hereinafter referred to as the “Website”) and other related legal relationships. Business terms do not apply to cases where a person who intends to buy goods from a seller acts in order to order goods in their business.

By submitting the order, the Buyer confirms that he has become familiar with these Terms and Conditions and expressly agrees with them, in the version valid and effective at the time of sending the order. An integral part of these Business Terms and Conditions is also the Seller’s communication to the Buyer before the conclusion of the purchase contract, especially during the conclusion of the purchase contract.

The provision derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language. Relationships and possible disputes arising on the basis of the Purchase Agreement will be settled exclusively under the law of the Czech Republic and will be settled by the relevant courts of the Czech Republic.

The seller may change or supplement the terms of the business terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous terms of business terms.

Product Price and Payment Terms

The buyer may pay the buyer to the price of the goods and any costs associated with delivering the goods under the sales contract in the following ways:

  • by wire transfer to the seller’s account kept at ČSOB (230501740/0300) (hereinafter referred to as the “Seller Account”);

Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods as stated in the web interface of the store. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.

In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within ten (10) days of the purchase agreement being concluded. In the case of payment through PayPal or credit cards, the purchase price is paid immediately after the order is sent by the buyer.

In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with a variable payment symbol, which will be communicated to the buyer’s electronic address by the seller. In the case of non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.

Any discounts on the price of goods provided by the seller to the buyer can not be combined.

If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax invoice – invoice to the buyer in respect of payments made under the purchase contract. The seller is a taxpayer of value added tax. Tax document – The invoice is issued by the seller to the buyer after payment of the price of the goods and sent to him in electronic form at the buyer’s electronic address.

Notice before the purchase agreement is concluded and the purchase contract is concluded

 

The store’s web interface includes a list of merchandise offered by the seller for sale, including the prices of the individual goods offered. The prices of goods and services offered are quoted including value added tax and all related fees. The sale of goods and the prices of these goods and services remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

The store’s web interface also includes information on the cost of packaging and delivering goods. The prices of the goods are included on the web interface including VAT, including any fees stipulated by the law, but the cost of delivering the goods varies according to the method chosen and the transport provider and the method of payment. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.

The buyer, if he is a consumer, has the right to withdraw from the purchase contract within 14 days starting from the takeover of the goods. Further terms and procedures for withdrawal are found in these terms and conditions in the “Withdrawal from the Purchase Agreement” section.

In case of cancellation, the buyer bears the cost of returning the goods if the goods can not be returned by their normal postal route.

To order the goods, the buyer will fill in the order form in the web interface of the store. The order form includes, in particular, information on:

  1. ordered goods (the ordered goods “put” the buyer into the electronic shopping cart of the web interface of the store,
  2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
  3. information on the costs associated with the supply of goods (collectively referred to as the “Order”).

 

Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, even with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the “ORDER” button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt by the buyer via e-mail to the Buyer’s e-mail address given in the user interface or in the order (hereinafter the “Buyer’s Electronic Address”), together with the confirmation, the Buyer will receive the text of the purchase contract in text form and the wording these Business Terms and Conditions.

The seller is always entitled to ask the buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs). The Seller is entitled, in particular, in the event that the buyer does not receive an additional order confirmation, request the payment of the full purchase price before the goods are dispatched to the buyer.

The contractual relationship between the seller and the buyer is the delivery of an order (acceptance) received by the seller to the buyer by e-mail to the buyer’s e-mail address.

The Buyer notes that Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously substantially violated the Purchase Agreement (including these Terms and Conditions).

The buyer agrees to use the means of communication remotely when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, with distance communication costs not differing from the standard rate, ie the distance provider’s rates buyer.

The seller reserves the right to property, the buyer becomes the owner at the time of the full payment of the purchase price.

The seller will fulfill his obligation to surrender the thing to the buyer, allowing him to dispose of the goods at the place of performance and to notify him in good time.

If the Seller delivers a greater number of items than has been agreed, the Purchase Contract is also concluded for surplus quantities, unless the Buyer refuses without undue delay.

The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. If a buyer has a user account, he can revert to previous orders through his account. For buyers without a user account, they can not be returned to previous orders, but will be sent to the buyer’s email address along with the confirmation of the order.

User account

Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the “user account”). If the web interface allows the store, the buyer can also order goods without registration directly from the store’s web interface.

When registering on a web site and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. The buyer’s details on the user account and the ordering of the goods are considered correct by the seller.

Access to the user account is secured by user name and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.

Buyer is not authorized to allow the use of a user account to third parties.

The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year or if the buyer breaches his

  • purchase contract (including these terms and conditions).
  • The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, necessary maintenance of hardware and software of third parties.

 

Carriage and delivery of goods

 

The method of delivering the goods is determined by the seller, unless otherwise stipulated in the sales contract. If the mode of transport is agreed on the buyer’s request, the buyer bears the risk and any additional costs associated with this mode of transport.

If the seller is obliged to deliver the goods in the place specified by the buyer in the order, the purchaser is obliged to take over the goods upon delivery.

If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.

Upon receipt of the goods from the transporter, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, Buyer does not need to take over the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods complies with all terms and conditions, and any later claim for violation of the shipment can not be taken into account.

Other parties’ rights and obligations in the carriage of goods may alter the delivery terms of the third party providing transportation, at the buyer’s option.

The seller dispatches goods within 3 business days of ordering.

The expiration period for Goods starts to run from the date of the conclusion of the Contract and in the case of the payment of the price for the delivery of the Goods in a manner other than the taking over of the Goods from the moment of payment of the price for the delivery of the Goods.

The deadline for dispatch may be extended to circumstances reasonably if the delay is due to force majeure or circumstances not caused by the Seller.

If the Seller fails to dispatch the Goods within that period, he shall notify the Buyer thereof without undue delay.

The buyer may choose one of the following modes of transportation of Goods, differing in price, time and method of delivery according to the conditions of individual carriers:

  1. CZECH POST, delivery within 3 days, price: 119, – CZK incl. VAT
  2. Goods are handed over to the carrier at the option of the Buyer within the time limit set in paragraph 6. The final delivery time for Goods depends on the buyer selected

 

Liability for defects, quality guarantee

 

The rights and obligations of the parties regarding the seller’s liability for defects are governed by the relevant generally binding regulations (in particular the provisions of Section 2165 et seq. Of the Civil Code).

Seller is liable to the buyer for the sale of the item is in conformity with the purchase contract, in particular, that it is defective. By agreement with a sales contract, it is understood that the thing being sold has property that the parties have negotiated and, in the absence of an arrangement, such properties as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising made by them; that the thing is suitable for the purpose which the seller indicates or to which the thing of its kind is usually used for its use; that the item is in conformity with the quality or performance of the agreed sample or original if the quality or design has been determined according to the agreed pattern or design; that the item is in the appropriate quantity, degree or weight and the case complies with the requirements of the legislation.

In the event that the Buyer is not in compliance with the Purchase Agreement (“Contract with the Purchase Agreement”), the buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Agreement, as required buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract.

The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing had a defect or if the buyer caused the defect himself. A conflict with a sales contract that occurs within six (6) months from the date of receipt of the item shall be deemed to be a breach existing at the time of its acceptance unless it is inconsistent with the nature of the thing or unless otherwise proven.

The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover.

If the buyer exercises the right of defective performance, the seller shall confirm it in writing to the buyer’s electronic address where he has exercised the right, as well as the repair and duration of the repair. In the same way the buyer will be informed about the settlement of the claim.

If the items sold, packed, attached to the item or in advertising comply with other legislation, the period for which the item can be used indicates the quality assurance of the buyer.

By guaranteeing quality, the seller agrees that the item will be eligible for use for the usual purpose or that it retains the usual features. This is the warranty period or shelf-life specified on the packaging or in the advertisement.

The buyer is not entitled to a warranty if the defect has caused an external event or the use of the item by the buyer in contravention of the purpose for which the case is intended or contrary to the instructions for use of the case.

Buyer’s rights arising from seller’s liability for defects, including seller’s warranty, are claimed by the buyer at the seller’s address: ZOXCALL a.s., Muchova 9, 160 00 Prague, Czech Republic. The cost of shipping goods to a seller’s claim is paid by the buyer if the seller accepts the claim, he / she will pay these costs to the buyer.

Other rights and obligations of the parties

 

The buyer acquires ownership of the goods by paying the full purchase price of the goods.

The risk of damage passes to the buyer by taking over the item.

The same is true if the buyer does not take over the thing, although the seller allows him to dispose of it.

The Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that may allow him or third parties to tamper with or use the software or other components that make up the web interface of the shop.

Buyers are not authorized to use mechanisms, software, or other practices that may negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it does not prejudice the rights of other customers of the seller and is in accordance with its intended purpose.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) of the Civil Code.

The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their designation.

Seller is not liable for any damage to the buyer or third parties to health or property in connection with the misuse of the item, that is, use that is contrary to the nature and purpose of the case or which is inconsistent with the instructions for use of the item.

Delivery

 

Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the e-mail address listed in his user account or in the individual order.

The message is delivered:

  1. in the case of delivery by e-mail when it is received at the incoming mail server; the integrity of messages sent by electronic mail can be secured by a certificate,
  2. in the case of delivery in person or through the postal service operator by taking over the consignment by the addressee,
  3. in the case of service in person or via the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment is denied) accepts the consignment,
  4. in the case of delivery through the postal service provider, within ten (10) days from the deposit of the consignment and the request to the addressee to take over the stored consignment, if the postal item is stored, even if the addressee has not learned the deposit.

 

Withdrawal from the sales contract

 

The following provisions from withdrawal apply only to purchase contracts that the buyer has entered into as a consumer.

The buyer is entitled to withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods.

In order to comply with the withdrawal period, it is sufficient to send notice of the exercise of the right of withdrawal before the expiry of the relevant period.

For the purpose of exercising the right of withdrawal, the buyer must inform the seller of his decision to withdraw from the sales contract in the form of a clear statement (eg a letter sent via the postal operator, fax or e-mail). The buyer can use the template for withdrawal, available at: http://www.zoxcall.com/wp-content/uploads/2019/02/Odstoupení-od-smlouvy-formular.pdf , but this is not his responsibility. Withdrawal from the contract must be sent either to the address of the seller: ZOXCALL a.s., Muchova 9, 160 00 Prague, Czech Republic, or to the email address: info@zoxcall.com.

The buyer can not withdraw from the purchase contract if the buyer has already removed the goods from the sealed packaging and for hygienic reasons it is not possible to return the goods or if the goods have been irreversibly mixed with other goods after delivery.

In the case of withdrawal from the sales contract, the purchase contract is canceled from the outset. The goods must be returned to the seller to the seller within 14 days of the dispatch of the contract to the seller. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging. Otherwise, it is not possible to withdraw from the sales contract, or the seller will be charged with the damage caused by such damage or wear and tear.

In case of cancellation, the buyer bears the cost of returning the goods if the goods can not be returned by their normal postal route.

If the buyer withdraws from the purchase contract, the seller returns without undue delay, not later than 14 days from the date when he was informed of the purchaser’s decision to withdraw from the purchase contract, all payments received by the buyer in connection with the purchase contract, in addition to the additional costs incurred by buyers of the chosen delivery method, which is different from the cheapest standard delivery method offered to the seller). For refunds, the same means of payment will be used to execute the initial transaction unless the buyer explicitly specifies otherwise. In any case, the buyer will not incur any additional costs.

With a refund, the seller may wait until the returned goods receive or the buyer proves that the goods have been dispatched to the seller.

Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the purchaser’s claim for damages to the buyer. The Seller is entitled to indemnify unilaterally the Buyer’s claim for repayment of the purchase price.

Final Provisions

 

If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the law of the Czech Republic and any disputes will be settled by the relevant courts of the Czech Republic. This does not affect the consumer’s rights under generally binding legal regulations.

The seller is authorized to sell the goods on the basis of a trade license and the seller’s business is not subject to any other authorization. The trade license is carried out within the scope of its competence by the relevant trade licensing office.

If any provision of the Terms of Business is invalid or ineffective, or if it happens, instead of invalid clauses, a provision will be enforced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.

Contact details of the seller: delivery address ZOXCALL a.s., Muchova 9, 160 00 Prague, Czech Republic

Prague, 03.01.2019

Privacy of the e-shop www.zoxcall.com

 

ZOXCALL a.s. with registered office at Havlíčkova 1030/1, 110 00 Praha 1, identification number (IČ): 27904938, registered in the Commercial Register kept at the Municipal Court in Prague, Section B, Insert 11923 (hereinafter referred to as “Seller” or “Administrator” (EC) No 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 Regulation on the protection of personal data) ), the following personal information:

  • name surname
  • e-mail adress
  • telephone number
  • address / seat

 

The above personal data must be processed for order handling and other performance of the contract if there is a purchase agreement between you and the seller. Such processing of personal data enables Article 6 (1) b) Regulation – processing is necessary to fulfill the contract.

Seller also processes these data to record the contract and any future application and defense of the rights and obligations of the parties. The storage and processing of personal data is for the above purpose for a period of 10 years from the implementation of the last part of the performance under the contract, unless otherwise required by the law for the maintenance of the contractual documentation for a longer period. Such processing is possible on the basis of Article 6 (1) c) and f) Regulation – the processing is necessary to fulfill the legal obligation and for the purposes of the legitimate interests of the trustee.

The e-mail address or the telephone number may be sent news and other commercial communications to the buyer, this procedure allows Section 7 (3) of Act No. 480/2004 Coll., On information society services, if the buyer does not refuse it. These messages can be unsubscribed at any time by any means – such as sending an email or clicking on a link in a business message.

The processing of personal data is carried out by Zoxcall a.s., a personal data administrator. Personal data for this manager is also processed by processors:

  • Provider filing online, CZECH POST

 

Personal data will not be transferred to third countries outside the EU.

The administrator does not have a person called a commissioner. Administrator can be contacted at info@zoxcall.com.

The Privacy Manager, as the operator of the www.zoxcall.com website, uses the cookies used on this website for the purpose of:

  • tracking site traffic, and creating visitor statistics and visitor behavior on websites
  • basic functionality of the website

The collection of cookies for the purposes above may be considered as processing of personal data. Such processing is possible on the basis of a legitimate reason – the legitimate interest of the trustee, and Article 6 (1) f) Regulation.

Websites can also be used in a mode that does not allow the collection of Web site visitors’ behavior data – this mode can either be set within the browser settings, or it is possible to oppose such collection on the basis of a legitimate interest of the administrator in accordance with Article 21 of the Regulation that is available at the bottom of the website. Your objection will be evaluated without delay. The cookies necessary for the functionality of the site will only be retained for the time necessary for the operation of the site.

If a visitor raises an objection to the processing of the technical cookies necessary for the functioning of the website, in such a case, the full functionality and compatibility of the website can not be guaranteed.

Cookies that are collected to measure site traffic and generate statistics about visitor traffic and visitor behavior on the web are considered in a bulk and anonymous form that does not allow individual identification.

Collected cookies are processed by other processors:

  • Google Analytics Provider, operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA

 

Please note that under the Regulation you have the right to:

  • Cancel at any time the sending of business communications,
  • to object to processing on the basis of the legitimate interest of the controller,
  • ask us for information about how we process your personal data,
  • request us access to these data and update or repair them, or request processing restrictions,
  • to require us to erase these personal data, we will delete the deletion unless this is inconsistent with the applicable laws or legitimate interests of the controller,
  • to the portability of data in the case of automated processing on the basis of consent or performance of the contract,
  • request a copy of the processed personal data,
  • for effective judicial protection if you believe that your rights under the Regulation have been breached as a result of the processing of your personal data in violation of this Regulation,
  • file a complaint with the Office for Personal Data Protection.