Terms and Conditions
GENERAL TERMS AND CONDITIONS
TRAVELLECT S.R.O.
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter the “Terms and Conditions” or “GTC”) of the Seller - Travellect s.r.o., business ID number: 25625586, registered office: Libeř, Libeň 191, postcode: 25241, entered in the Commercial Register maintained by the Municipal Court in Prague, file ref. C 55884, (hereinafter the “Seller”) set out, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and duties of the contracting parties arising in connection with or based on a purchase contract (hereinafter a “Purchase Contract”) concluded between the Seller and another natural person or legal entity (hereinafter the “Buyer”) through the Seller’s e-shop. The e-shop is operated by the Seller on the internet address http://www.travellect.com (hereinafter the “Website”).
1.2. The Terms and Conditions further set out the contracting parties’ rights and duties when using the Website and other related legal relationships.
1.3. Provisions deviating from the Terms and Conditions may be agreed in a Purchase Contract. In such case, the deviating provisions in a Purchase Contract will prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of a Purchase Contract. A Purchase Contract and the Terms and Conditions are in Czech language. A Purchase Contract can be concluded in Czech.
1.5. The Seller may change or supplement the text of the Terms and Conditions. This provision does not affect rights and duties arising when a previous version of the Terms and Conditions was valid.
2. SELLER’S CONTACT DETAILS
2.1. The Seller’s contact details are as follows:
Travellect s.r.o., business ID number: 25625586, registered office: Libeř, Libeň 191, postcode: 25241
Telephone contact: +420 603215039
E-mail address: info@travellect.com
3. USER ACCOUNT
3.1. Based on the Buyer’s registration on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods, i.e. PDF files with a detailed guide to hiking trips and routes (hereinafter a “Guide” or “Goods”). The shop’s web interface allows you to order a Guide without registration directly from the shop’s web interface.
3.2. When registering on the website and when ordering Goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account in case of any change. The data provided by the Buyer in the user account and when ordering Goods are considered correct by the Seller.
3.3. Access to the user account is secured with a username (e-mail address) and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller is not liable for any breach of this duty by the Buyer.
3.4. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 5 years or if the Buyer materially or repeatedly breaches his/her duties under a Purchase Contract (including the Terms and Conditions).
3.5. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third-party hardware and software.
4. CONCLUSION OF PURCHASE CONTRACT
4.1. The shop’s web interface contains a list of goods offered for sale by the Seller, including prices. The prices of the Goods offered are final. The Seller is a VAT payer. The offer for sale of Goods and the prices of such Goods remain valid for the time they are displayed in the shop’s web interface. This provision does not restrict the Seller’s ability to conclude a Purchase Contract on individually agreed terms.
4.2. To order Goods, the Buyer fills in the order form in the shop’s web interface. The order form contains information about:
· the Goods ordered (the Buyer places the goods ordered in the electronic shopping cart of the shop’s web interface);
· the method of paying the purchase price for the Goods;
(hereinafter an “Order”).
4.3. Information provided in an Order is considered correct by the Seller. Immediately upon receipt of an Order, the Seller sends the Buyer an e-mail confirmation of receipt of the Order to the Buyer’s e-mail address specified in the user interface or in the Order (hereinafter the “Buyer’s E-mail Address”).
4.4. Depending on the nature of an Order (quantity of Goods, amount of purchase price), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).
4.5. A Purchase Contract between the Seller and the Buyer is concluded by accepting an Order, where acceptance is sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.
4.6. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract, especially with persons who have previously materially breached a Purchase Contract (including the Terms and Conditions).
4.7. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of a Purchase Contract (costs of internet connection, costs of telephone calls) will be borne by the Buyer.
5. PRICE OF GOODS, PAYMENT TERMS AND DELIVERY OF GOODS
5.1. The price of the Goods and any costs associated with the delivery of the Goods under a Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- cashlessly through a secure payment portal that facilitates payments for the Seller; or
- by wire transfer to the Seller’s bank account.
The method of paying for the Goods is up to the Buyer.
5.2. The price for a Guide is stated in the price list published by the Seller on the website and displayed when filling in an order form. The price for the Goods is always published by the Seller as the total amount including all taxes (especially value added tax) and fees.
5.3. When ordering the Goods, the price for the Goods indicated on the website and displayed in the order form at the time the Buyer sends the order form will be deemed to be the agreed price for the Goods within the meaning of paragraph 4.3 of these GTC. In the event of a discrepancy between the price published on the website and the price displayed on the order form, the price displayed on the order form will be deemed to be the agreed price.
5.4. In the event that the Buyer chooses to pay the price for the Goods within the meaning of Article 5.1 of these GTC via a secure payment portal, after confirmation and sending of an order form in the manner set out in Art. 4.3 of these GTC the Buyer will be immediately redirected to the secure web interface of the payment portal that facilitates the payment, where the Buyer will make the payment in accordance with the instructions of the payment portal’s operator.
5.5. In the event that the Buyer chooses a cashless bank transfer to the Seller’s bank account to pay the price for the Goods within the meaning of Article 5.1 of these GTC, the Seller will provide instructions for making such payment (e.g. Seller’s bank account number, variable symbol, specific symbol, etc.) in the Order confirmation e-mail sent by the Seller to the Buyer pursuant to Article 4.3 of these GTC.
5.6. Immediately after payment of the price for the Goods, the Seller will send the Goods ordered in PDF format to the Buyer’s E-mail Address specified in the Order. The Buyer’s duty to pay the price for the Goods is performed upon the crediting of the appropriate amount to the Seller’s bank account.
5.7. A tax document - invoice for a Guide will be sent to the Buyer by the Seller in electronic form to the Buyer’s E-mail Address specified in the Order.
6. RIGHTS UNDER DEFECTIVE PERFORMANCE
6.1. The rights and duties of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
6.2. The Buyer will always assert rights due to defective performance vis-a-vis the Seller, either in writing in paper form or electronically to the Seller’s e-mail address specified in Article 2.1 of these GTC. The Buyer will be informed about the progress and processing of the exercise of his/her right due to defective performance via the e-mail account he/she indicated as his/her contact e-mail address in his/her user account.
7. WITHDRAWAL FROM CONTRACT
7.1. The Buyer has the right to withdraw from a Purchase Contract within 14 days from the date of its conclusion in accordance with Section 1829(1). The Buyer must send the withdrawal to the Seller no later than the last day of the period specified in the previous sentence. The Buyer may also send the withdrawal from the Contract to the Seller’s e-mail address specified in Article 2.1 of these GTC.
7.2. For withdrawal from the Contract, the Buyer may use the sample form for withdrawal from a Purchase Contract forming Annex 1 to these GTC.
7.3. The Buyer acknowledges and agrees that the right of withdrawal from a Contract within the meaning of Section 1837(l) of the Civil Code does not apply to Guides, i.e. Goods in digital form delivered by the Seller within 14 days of the conclusion of a Purchase Contract.
8. OTHER PROVISIONS
8.1. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.2. Handling of complaints of the Buyer, as a consumer, is ensured by the Seller via the e-mail address specified in Article 2.1 of these GTC. The Seller will forward information about the handling of a complaint by the Buyer in the manner chosen by the Buyer, otherwise to the Buyer’s E-mail Address specified in the user account.
8.3. The Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, business ID number: 000 20 869, website: https://adr.coi.cz/cs, e-mail address: adr@coi.cz, is competent to handle extra-judicial dispute resolution under a Contract.
8.4. The European Consumer Centre Czech Republic, registered office: Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes).
8.5. The Seller is entitled to sell the Goods based on a trading licence. Trade licensing checks are carried out by the competent trade licensing authority within its remit. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, inter alia, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.6. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8.7. For the purposes of a Contract and these GTC, the Buyer may be served at the Buyer’s E-mail Address stated in the User Account, unless the Buyer expressly requests a different method of service.
8.8 The Buyer acknowledges that the software and other components forming the shop’s web interface (including the Goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow him/her or third parties to interfere with or use the Goods or software offered or other components of the shop’s web interface in an unauthorised manner.
8.9 When using the shop’s web interface, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the shop’s web interface. The shop’s web interface may only be used to the extent that it is not to the detriment of the rights of other customers of the Seller and that is consistent with its purpose.
9. PERSONAL DATA PROTECTION
9.1. In connection with performance under the Contract, the Seller will process the Buyer’s personal data provided by the Buyer for the purpose of entering into a Purchase Contract or otherwise during the term of the relationship established by a Purchase Contract (hereinafter the “Personal Data”). For the avoidance of doubt, the Seller will process the Personal Data provided by the Buyer in connection with the sale of Goods, i.e. in particular the creation of a user account, the execution of Orders, etc.
9.2. The Seller is the controller of the Personal Data (hereinafter the “Controller”) within the scope of Article 9.1 of these GTC. The Seller may be contacted in connection with the processing of Personal Data at the e-mail address and telephone number specified in Article 2.1 of these GTC.
9.3. The basic purpose of the processing of Personal Data is defined by the subject matter of a Purchase Contract, the processing of Personal Data is therefore necessary in particular for the performance of a Purchase Contract. In addition, the controller has a number of duties in relation to the subject matter of such contracts as set out in various legal provisions. Personal Data is also processed in the performance of duties in accordance with these legal regulations.
9.4. Some Personal Data will also be processed by the Seller, as the controller, for the purpose of offering its other services or products in the form of direct marketing, which is a legitimate interest of the controller.
9.5. After the termination of the contractual relationship based on the Purchase Contract, the controller will continue to process some Personal Data for the purpose of complying with the archiving duty. This processing of Personal Data is therefore necessary to comply with a legal duty to which the controller is subject.
9.6. After the termination of the contractual relationship based on the Purchase Contract, the controller will also process the Personal Data for the purpose of defending itself in any dispute with the Buyer. This is a legitimate interest of the controller.
9.7. The controller will not transfer the Personal Data to other entities. The Personal Data will be stored by the controller for the duration of the Purchase Contract. After the termination of the contractual relationship, the controller will store the Personal Data for the period specified by the relevant legal regulations and, if this period is not specified, for 5 years after the termination of the contractual relationship.
9.8. Data subjects (i.e. natural persons to whom Personal Data relates) have the right to request access to their Personal Data from the controller, i.e. the right to obtain confirmation from the controller as to whether or not their Personal Data is being processed and, if so, the right to access their Personal Data and other specified information. They also have the right to have inaccurate or incomplete Personal Data rectified.
9.9. If one of the grounds listed in Article 17(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – hereinafter the “GDPR”) is fulfilled and one of the conditions listed in Article 17(3) of the GDPR is not met, data subjects have the right to have their Personal Data erased.
9.10. If a case referred to in Article 18(1) of the GDPR occurs, data subjects have the right to restrict the processing of their Personal Data.
9.11. In cases where Personal Data is processed for the purposes set out in Article 9.6 of these GTC, data subjects have the right to object to the processing of their Personal Data. In such case, the controller will be obliged to demonstrate compelling legitimate grounds for processing, otherwise it will no longer process the Personal Data.
9.12. In the case of processing of Personal Data for the purposes set out in Article 9.4 of these GTC, data subjects have the right to object to such processing of their Personal Data. In such case, the controller will no longer process their Personal Data for this purpose.
9.13. A data subject may exercise any of the rights set out herein by contacting the controller by e-mail or telephone using the contact details provided above.
9.14. If a data subject believes that the processing of his/her Personal Data has breached the GDPR, he/she has the right to lodge a complaint with a supervisory authority, in particular in the country of his/her habitual residence, place of employment or place where the alleged breach occurred. The supervisory authority for the Czech Republic is the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic, business ID number: 708 37 627, www.uoou.cz.
10. FINAL PROVISIONS
10.1. The Seller reserves the right to unilaterally amend these GTC to a reasonable extent, in particular (but not exclusively) in connection with an amendment to related legislation, a technical change related to the sale of Goods or in the event of a change to the Seller’s operational, organisational or business processes. However, an amendment to the GTC does not affect rights and duties arising under the previous version of the GTC. The Seller is obliged to notify the Buyer of an amendment to the GTC at least 7 days before an amendment takes effect. The Buyer is entitled to refuse an amendment to the GTC by notifying the Seller in writing at its registered office’s address or to the Seller’s e-mail address specified in Article 2.1 of these GTC and to request cancellation of his/her user account on the effective date of the amendment to the GTC. In the event that the Buyer does not notify the Seller by the effective date of the new version of the GTC that he/she rejects the amendment to the GTC, he/she will be deemed to have accepted the amendment to the GTC.
10.2. The relationship established by the Purchase Contract and regulated in detail by these GTC is governed by the legal order of the Czech Republic. If the relationship based on the Purchase Contract and regulated in detail by these GTC contains an international (foreign) element, such relationship is also governed by the legal order of the Czech Republic. This does not deprive the Buyer, as a consumer, of the protection afforded by the provisions of a legal order that cannot be derogated from contractually and that would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. The general courts of the Czech Republic will have jurisdiction to resolve disputes between the contracting parties (except as provided in Articles 8.3 and 8.4 of these GTC).
10.4. If any provision of these GTC is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the other provisions.
10.5. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form.
10.6. Annex 1 to these GTC is a sample form for withdrawal from the Purchase Contract.
10.7. These GTC are valid and effective from 1 October 2023
Prague, on 21 September 2023
Travellect s.r.o.
Annex No. 1
Sender:
First name and surname:
Residence:
(or e-mail address, telephone number):
Addressee:
Travellect s.r.o., business ID number: 25625586, registered office: Libeř, Libeň 191, postcode: 25241
Notice of Withdrawal from Purchase Contract
On [⦁], I ordered the goods [⦁] on your website http://www.travellect.com, order number [⦁], with a value of CZK [⦁]. I received the goods ordered on [⦁].
On the basis of Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, I exercise my legal right and withdraw from the purchase contract concluded via the Internet concerning the aforementioned goods, and at the same time I ask you to repay the purchase price in the amount of CZK [⦁] to my bank account number [⦁] no later than 14 days after receipt of this withdrawal from the contract.
In [⦁]
Consumer’s first name and surname
(signature)