TERMS AND CONDITIONS
FOR SALE OF GOODS VIA E-SHOP
of Trackito Technology Czech Republic, s.r.o.,
Company ID: 041 79 951, with registered address at 533/78c, Medlánky, 612 00 Brno, registered in the Commercial Register kept by the Regional Court in Brno, Inset No.: C 88594 (hereinafter referred to as “Company”)
1.1. In accordance with the provisions of Section 1751, paragraph 1 of the Act No.: 89/2012 Sb., The Civil Code, as amended, (hereinafter referred to as “The Civil Code”), these Terms and Conditions (hereinafter referred to as “TC”) of the Company regulate mutual rights and obligations of the Contracting Parties established on the basis of and/or in connection with the Contract of Purchase (hereinafter referred to as “Contract of Purchase”) concluded between the Company and other natural or legal person (hereinafter referred to as “Purchaser”, while for the purposes of these TC, the Company and the Purchaser shall be jointly denoted “Contracting Parties”, resp. individually in accordance with context as “Contracting Party”) by means of the internet shop (e-shop) of the Company. The internet shop is operated by the Company at the internet address shop.trackitotech.com by means of a website (hereinafter referred to as “Website”). Furthermore, the TC regulate rights and obligations of the Contracting Parties during their use of Company Website and other related legal relationships.
1.2. If the Purchaser is not a consumer (e.g. if he or she is a legal person or an entrepreneur), the relationships between the Company and such person are regulated by special provisions of the Art. 10 of the TC.
1.3. By concluding the Contract of Purchase with a procedure in accordance with this TC, the Contracting Parties declare their will to be bound by the rules set in these TC. The Contract of Purchase and TC are drawn up in English. The Contract of Purchase can be concluded in English.
1.4. Provisions of the Contract of Purchase different from the provisions of the TC hold the precedence.
1.5. The text of the TC can be altered or complemented by the Company. Rights and obligation established during the term of effect of the previous text of the TC are not affected by this provision.
1.6. In case of any needs or questions regarding shopping at the Company Website, one can address the Company at the telephone number +420774802809 every day from 9 to 12 o'clock (GMT+2) or via e-mail sent to Company's e-mail address, firstname.lastname@example.org.
2.1. The Purchaser shall fill out an order form at the Website to order goods. The order form especially contains information on:
2.2. The Purchaser can verify and alter information entered into the Order prior to sending the Order to the Company. The information stated in the Order are considered to be correct by the Company. Immediately after a reception of an Order, the Company shall verify this reception to the Purchaser via e-mail to the e-mail address of the Purchaser, stated in the Order (hereinafter referred to as “E-mail address of the Purchaser”).
2.3. In accordance with the nature of the Order (manner, amount of goods, purchase price sum, expected delivery expenses), the Company is authorized to ask the Purchaser for an additional confirmation of the Order (for example in writing, via e-mail or telephone).
2.4. The contractual relationship between the Company and the Purchaser is created by a delivery of the acceptance – i.e. by a confirmation of the Order, which is sent by the Company to the Purchaser via e-mail to the E-mail address of the Purchaser.
2.5. The Purchaser agrees to the use of distance means of communication in conclusion of the Contract of Purchase. The expenses arisen to the Purchaser during use of the distance means of communication in connection with the conclusion of the Contract of Purchase (for example internet connection expenses, telephone expenses) shall be paid for by the Purchaser him or herself and these expenses do not differ from the basic tariff.
2.6. The presentation of goods placed at the Website is merely of informative nature and the Company is not obligated to conclude a Contract of Purchase with regards to these goods. The provisions of the Section 1732 paragraph 2 of The Civil Code are not used.
2.7. The Website contains a list of goods including prices of individual offered goods and the expenses for a return of the goods by the Purchaser, if these goods cannot be returned in the usual postal way because of its nature. Prices of the offered goods are stated including VAT and all the related fees and they do not contain expenses connected to delivery of goods, which may differ in accordance with the selected method and provider of the transportation and manner of payment. The prices stated at the Website may differ from prices stated in brick and mortar shops of the Company. The prices of the goods remain valid for the period in which they are displayed at the Website. This provision does not limit the option of concluding the Contract of Purchase under conditions agreed upon individually.
2.8. Information on expenses related to delivery of goods stated at the Website are valid only for delivery to the Czech Republic and Slovak Republic. If the goods are to be sent outside of Czech Republic or Slovak Republic, the Company shall inform the Purchaser of the transportation expenses individually prior to conclusion of the Contract of Purchase.
3.1. The purchase price of the goods and the possible delivery expenses in accordance with the Contract of Purchase can be paid by the Purchaser in the following ways:
- credit card
- bank transfer
3.2. Together with the purchase price, the Purchaser is obligated to pay the Company the agreed sum for the expenses connected with delivery of goods. If it is not expressly stated otherwise, the purchase price also contains expenses connected with the delivery of goods. Information of delivery expenses are available here.
3.3. The Company does not request an advance payment or a similar payment from the Purchaser, but if such a case occurs that the payment will take place prior to conclusion of the Purchase Contract with regard to the choice of payment type and technical reasons, the payment is then considered an advance payment for the purchase price in accordance with the Contract of Purchase.
3.4. In case of cash payment or cash on delivery, the purchase price is payable at the handover of the goods.
3.5. In case of a cashless payment via the GoPay payment gateway, the Purchaser shall pay the purchase price immediately after sending the Order.
3.6. The Company is not obligated to send the goods to the Purchaser prior to reception of the entire purchase price. The provisions of the Section 2119 paragraph 1 of The Civil Code are not used.
3.7. The Company shall issue a tax document – an invoice – regarding the payments performed on the basis of the Contract of Purchase to the Purchaser. The Company is a registered VAT payer. The invoice shall be handed over to the Purchaser at the delivery of the goods or it shall be sent to the Purchaser in an electronic form to the E-mail address of the Purchaser, stated in the order form at the Website.
4.1. In accordance with Section 1829, paragraph 1 of The Civil Code, the Purchaser is entitled to withdraw from the Contract of Purchase within fourteen (14) days since acceptance of the goods and if multiple types of goods or a delivery of multiple parts of goods is the subject of the Contract of Purchase, this period starts on the day of acceptance of the last shipment of goods. The withdrawal from the Contract of Purchase must be sent to the Company within the period stated in the previous sentence. The Purchaser can use the sample form provided by the Company for the withdrawal from the Contract of Purchase. In addition, the Purchaser can also send the withdrawal from the Contract of Purchase to the address of the place of business of the Company or to the E-mail address of the Company, email@example.com.
4.2. In case of withdrawal from the Contract of Purchase in accordance with the Art. 4.1 of the TC, the Contract of Purchase is rescinded. The goods must be returned to the Company within fourteen (14) days since the withdrawal from the Contract of Purchase of the Company. If the Purchaser withdraws from the Contract of Purchase, the Purchaser shall bear the expenses connected with the return of the goods to the Company.
4.3. In case of withdrawal from the Contract in accordance with the Art. 4.1 of the TC, the Company shall return the financial means received from the Purchaser within fourteen (14) days since the withdrawal from the Contract of Purchase by the Purchaser in the same way the Company received them. The Company is also authorized to return the funds provided by the Purchaser already during the return of the goods by the Purchaser or in a different manner, if the Purchaser agrees and if it does not cause additional expenses to the Purchaser. If the Purchaser withdraws from the Contract of Purchase, the Company is not obligated to return the received financial means to the Purchaser prior to return of the goods by the Purchaser or prior to him or her proving that the goods were sent to the Company.
4.4. The Company is entitled to set off the claim for compensation for the damages caused to the goods unilaterally against the claim of the Purchaser regarding the return of the purchase price.
4.5. The Company is entitled to withdraw from the Contract of Purchase at any time prior to the acceptance of the goods by the Purchaser. In such case, the Company shall return the purchase price to the Purchaser via cashless transaction to an account determined by the Purchaser immediately.
5.1. In accordance with the choice of the Purchaser, the goods can be delivered either to a place designated by him or her, or it will be prepared for pick up at the place of business of the Company at Prosecká 54/77, 190 00 Praha.
5.2. In accordance with the Contract of Purchase, if the Company is obligated to deliver the goods to the place determined by the Purchaser in the Purchase Order, the Purchaser is obligated to accept the goods at its delivery.
5.3. The Company shall deliver the goods to the Purchaser within 5 days since confirmation of the Order and in case of a cashless payment, since the payment of the entire sum full of the purchase price in accordance with Art. 3.5. of the TC, if a different term of delivery is not stated at the individual goods.
5.4. If the Purchaser is obligated to accept the goods at the place of business of the Company in accordance with the Contract, and if he or she does not accept the goods within fourteen (14) days since a notification of the Company to pick up the goods or within a different period agreed upon with the Company, the Contract of Purchase is terminated by an expiration of this period in vain.
5.5. If the goods have to be delivered repeatedly or in a manner different from the manner stated in the Order because of reasons on the part of the Purchaser, the Purchaser is obligated to pay the expenses connected to the repeated delivery of goods, resp. expenses connected to a different manner of delivery.
5.6. Immediately after delivery of the goods, the Purchaser is obligated to check the goods together with the transporter for damage of the shipment packaging and in case of discovery of any damages, the Purchaser is obligated to inform the transporter immediately and describe the damages shortly in the bill of delivery during its confirmation. In case of discovery of an extensive damage to packaging, the Purchaser is entitled not to accept the shipment from the transporter. By signing the bill of delivery, the Purchaser confirms that the packaging of the shipment containing goods was undamaged and that any later complaint regarding the breach of shipment packaging cannot be taken into consideration.
5.7. Other rights and obligations of the Contracting Parties regarding goods transportation can be regulated by special delivery conditions of the Company, if issued by the Company.
6.1. Rights and obligations of the Contracting Parties regarding rights arising from defective performance are governed by relevant generally binding legal regulations (especially by provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of The Civil Code.
6.2. The Company is responsible to the Purchaser regarding goods not having any defects at the moment of the handover. The Company is especially responsible to the Purchaser for the following conditions at the time of the acceptance:
6.3. If the goods are sold for a discounted price because of a defect, the provisions stated in the Art. 6.2 of the TC above cannot be used upon the defect which was the cause of the discounted price, to wear and tear caused by usual use of the goods and in case of used goods, to a defect corresponding to the degree of use or wear or tear which the goods had at the time of the acceptance by the Purchaser or if it arises from the nature of the goods.
6.4. The Purchaser is entitled to exercise right arising from defect, which will occur in goods within 24 months since its handover. If the defective performance is a substantial violation of the Contract (i.e. such violation/defect of performance, of which the Company knew at the time of the conclusion of the Contract of Purchase or if it must have known that the Purchaser would not conclude the Contract of Purchase, had he expected such violation/defect), the Purchaser is entitled to:
6.5. The Purchaser shall inform the Company which right in accordance with the Art. 6.4. of the right he or she chose while reporting the defect or without unnecessary delay after reporting the defect. The Purchaser cannot change the selected option without consent of the Company; this does not apply if the Purchaser requested a repair of a defect which will reveal itself to be irreparable. If the Company does not remove the defects in an appropriate period of time of if it informs the Purchaser that it will not remove the defects, the Purchaser can request an appropriate discount from the purchase price instead of removal of the defect or he can withdraw from the Contract of Purchase.
6.6. If the defect is a minor violation of the Contract or if the Purchaser does not choose the right in time, the Purchaser is entitled to a removal of the defect or to an appropriate discount from the purchase price.
6.7. If a defect manifests itself within six (6) months since handover of the goods, the goods are deemed to have been defective already at the handover.
6.8. The Company or a selected worker will decide on the complaint immediately, in complex cases, he or she will decide within three (3) work days. The period necessary for a professional evaluation of the defect, appropriate in accordance with the type of the goods, is not included in the aforementioned period. The complaint including the removal of the defect must be executed without unnecessary delay, no later than thirty (30) days after the complaint was exercised.
6.9. If the Purchaser does not pick up the claimed goods within the agreed period, the Company is entitled to demand a storage fee from the Customer; the storage fee constitutes 1 % from the purchase price of the goods for every day of delay.
6.10. Purchaser's rights arising from defective performance, or possibly from the guarantee of quality (if it was determined) shall the Purchaser exercise in the place of business of the Company at Prosecká 54/77, 190 00, Prague.
7.1. The Purchaser acquires ownership rights to the goods by paying the purchase price of the goods in full.
7.2. The Company is not bound by any behavioural codices within the meaning of provisions of Section 1826 paragraph 1 letter e of The Civil Code in relation to the Purchaser.
7.3. The Company deals with the out-of-court settling of complaints of Purchasers via e-mail address firstname.lastname@example.org. The Company shall send a notification of resolution of the complaint of the Purchaser to the e-mail address of the Purchaser.
7.4. For out-of-court resolution of consumer disputes regarding the Contract of Purchase, which cannot be resolved by a mutual agreement, there is the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 00020869, e-mail: email@example.com, web: adr.coi.cz.
7.5. The Purchaser can also use the platform for on-line resolution of disputes, which has been established by the European Commission at: http://ec.europa.eu/consumers/odr/.
7.6. The Company is authorized to sell goods on the basis of a trade license. Trade inspection is performed by the respective Trade Licensing Office within its field of competence. The supervision over the personal data protection field is performed by the Office for Personal Data Protection. In addition, the Czech Trade Inspection Authority also performs supervision of adherence to the Consumer Protection Act to a limited extent.
We declare that we process all personal data provided to us in accordance with the Act No.: 101/2000 Sb. On the Protection of Personal Data and on Amendments to Certain Acts, as amended, and, after 25 May 2018, also in accordance with the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) No. 2016/679 from 27 April 2016 on protection of natural persons in connection with personal data processing and on free movement of such data and repealing the directive 95/46/EC (general regulation on personal data protection), otherwise known as GDPR.
We are company Trackito Technology Czech Republic, s.r.o., with registered address at Hudcova 533/78c, Medlánky, 612 00 Brno, Company ID 04179951, registered in the Commercial Register kept by Regional Court in Brno, Section C, Insert 88594, and as a Data Controller, we process your personal data.
Which Personal Data do we process?
Personal Data provided by you
We process the personal data provided by yourselves. This includes data provided during communication with us and during order realization (e-mail, name, surname, address). We use this data for for successful completion of an order (order confirmation, contract conclusion, sending of the related documents and order delivery) and for the performance of the contract.
If you provide personal data to us and you are below the age of 16, you are obligated to secure consent of your legal representative and to express the secured consent by marking the acceptance of terms and condition while placing an order; respectively, the parental consent can be expressed in another demonstrable manner.
If you contact us via telephone or write us a message, we will also process your personal data contained in this communication.
In accordance with this Personal Data Protection Policy, you undertake to state your personal data correctly and truthfully, and to inform us of any change of your personal data without delay.
Personal data of third parties provided by you
If you provide us with personal data of third parties, you are obligated to inform the respective persons of this fact and to secure their consent with this Personal Data Protection Policy.
Automatically processed personal data
If you visit our website, we are authorized to collect certain information about you, such as the IP address, date and time of your access of our website, information on your internet browser, operating system or your language settings. We can also process information on your behaviour on our website, i.e. which links do you visit on our website and the viewed goods. However, the information on your behaviour on our website is anonymised for the purpose of your complete privacy, and that is why not even we are able to connect them to specific users, i.e. to a specific person.
We also process cookies automatically in order to improve the quality of operation of our website.
Why do we collect and process your personal data
We process your personal data for the following purposes:
- Order realization
- Customer care: in order to include you in our customer database or if you approach us with a query or a problem, we have to process your data in order to be able to answer or resolve it. In some cases, personal data might be provided to third parties as well (delivery services).
- Marketing activity: especially e-mail marketing and marketing competitions. Sending of business information on the basis of your consent. You can easily unsubscribe from the business information mailing list.
- Use of rights and legal claims and inspections by the bodies of public authority: we can also process your personal data, because we need them to effect our rights and legal claims. Furthermore, we can also process your personal data, because we need them for the purpose of inspections performed by the bodies of public authority and for other similarly serious reasons.
We process personal data on the following legal bases
Contract execution and conclusion
We need most of your personal data in order to be able to conclude a purchase contract with you. If you decline to provide us with the necessary personal data, we cannot conclude a contract with you in accordance with the terms and conditions. After the contract is concluded, we process your personal data in order to properly provide you with the purchased goods. Therefore, on the basis of this legal reason, we especially process registration, invoicing and delivery data.
We also use your personal data to provide you with relevant content and information. In this manner, on the basis of legitimate interest, we automatically process especially personal data and cookies.
We process your personal data on the basis of your consent for the purpose of sending of business information (e-mail marketing). At any time, you can withdraw your consent via the link contained in the business information or by informing us of this fact via the contact e-mail address, stated at our website.
Who processes your personal data?
The personal data is processed by the Data Controller and by persons authorized by him, if this processing is necessary to achieve the purpose of processing of the respective personal data. Your personal data may be made available to carriers. We also process personal data through Data Processers on the basis of a contract on personal data processing. The personal data can be made available to third parties, only if these third parties are authorized to see them in accordance with legal regulations. The personal data is not provided to any other subjects. The personal data is stored on our servers.
Our Data Processers include:
- Google, Inc.: we use it as an intermediary of our e-mail communication (https://policies.google.com/privacy/update?hl=cs)
- EVici webdesign s.r.o.: the licensed operator of our e-shop with our products (http://guide.upgates.com/a/ochrana-osobnich-udaju)
- GOPAY s.r.o.: we use this payment gateway as an intermediary of your payments on the e-shop (https://gopay.com/cs/index.html)
For how long do we process your personal data?
We store your personal data for the period of effectiveness of the Contract and further for a period of 10 years at most, or for a longer period, if it is justified by legal regulations in the given case. In case of personal data processing, to which you have consented (for example sending of business information), your personal data shall be processed for the period of 10 years or until withdrawal of such consent.
We use profiling as an information tool to determine customer behaviour on our website within Google Analytics, and we use it to improve our services.
Personal data security
Your personal data is safe with us. In order to prevent unauthorized access and abuse of your personal data, we have implemented appropriate measures of both technical and organizational nature.
We care very much about the protection of your personal data. That is why we not only regularly inspect its security, but we also improve its protection continuously. The entirety of your data is stored exclusively on servers located in secured data centres with limited and carefully controlled access.
We try to use security measures which provide sufficient security with regard to the current technologies. The implemented security measures are updated regularly.
Your rights with regard to protection of your personal data
With regard to your personal data, at any time, you have the right to withdraw your consent with personal data processing, the right to correct or complete your personal data, the right to demand limitation of their processing, the right to raise a complaint against processing of your personal data, the right to access your personal data, the right to demand transfer of your personal data, the right to be informed on breach of security of your personal data, and, under certain conditions, the right to have some personal data processed in relation to you deleted (however, the deletion will not affect the data on the documents we have to store in accordance with the valid laws, such as invoices or credit notes)
We wish to warn you that the key information of your credit card is not stored with our company, but with our payment gateway. That is why this data cannot be deleted by us and you have to contact the payment gateway, through which you have effected the payment.
You have the right to raise a complaint against personal data processing for the purpose of our legitimate interests, including the direct marketing. If there are no serious legitimate reasons for processing, which predominate over your interests or rights and freedoms, or for the purpose of determination, performance or defence of your legal rights, we will terminate personal data processing for these purposes on the basis of your complaint.
At the same time, you have right to access the following information regarding your personal data:
- What are the purposes of processing of your personal data
- What are the categories of the respective personal data
- Who receives your personal data (except us)
- What is the planned period of storage of your personal data
- Whether you have the right to demand a correction or deletion of your personal data or limitation of their processing or the right to raise a complaint against such processing or not
- Information on the source of the personal data, if they were not provided by you
If you wish to request access to your personal data or to complete, modify, correct, transfer or delete your personal data, contact us at the e-mail address firstname.lastname@example.org, or, you can file the request yourselves in your administration, if it allows such action.
If you believe that we process your personal data unlawfully, you also have the right to file a complaint with the Office for personal data protection. However, we would appreciate it if you tried to resolve these situations directly with us at first.
By concluding the Contract, you confirm that you have acquainted yourselves with the information and instructions in accordance with this article of the TC.
9.1. The Company may use the “cookies” technology at the Website for the purposes of collecting, processing and sorting of information on use of the Website.
10.1. If the Purchaser is not a consumer:
(i) The provisions of the Art.4., Art. 6.2. to Art. 6.8., Art.7.4. and Art.7.5. of the TC will not be used,
(ii) in case of any damage caused by any reason on the part of the Company, the Company is obligated to reimburse the Purchaser for the damage at most to the amount of the price of the purchased goods excluding VAT.
(iii) the Company is not responsible for any damage caused to third parties on the basis of the Contract of Purchase or in connection with it.
11.1. If the contractual relationship established by the Contract of Purchase contains international (foreign) element, the Contracting Parties agree that this relationship is governed by Czech law. Thus the rights of the consumer resulting from the peremptory provisions of generally binding legal regulations are not affected.
11.2. If any provision of the Contract of Purchase or the TC should become invalid or null, other provisions of the Contract of Purchase and TC remain valid and effective. Instead of the invalid or false provision, provisions of generally binding legal regulations regulating this question of the mutual relationship of the Contracting Parties shall be used. In such case, at the same time, the Contracting Parties undertake to modify their relationship by agreeing upon a different provision which would correspond to the intention of the provision which is to be replaced in terms of content.
11.3. Neither the Contract of Purchase nor the rights arising from the Contract of Purchase may be ceded without a prior written approval of the other Contracting Party.
11.4. Changes and complements of the Contract of Purchase or the TC must be made in written form.
11.5. The Contract of Purchase including the TC is archived by the Company in an electronic form and it is not accessible.
11.6. A sample form for withdrawal from the Contract of Purchase constitutes an attachment to the TC.
11.7. Company Contact Information: Trackito Technology Czech Republic, s.r.o., Hudcova 533/78c, Medlánky, 612 00 Brno, e-mail: email@example.com, telephone: +420 774 802 809.
In Brno on 1 March 2016