Právní

Obchodní podmínky.

Plné znění včetně reklamačního řádu, podmínek vrácení a ochrany osobních údajů.

opio a.s. 
Registered office: Dukelská třída 1562/​57d, Brno 61400, Czech Republic 
Company ID: 10982230 
VAT ID: CZ10982230
file no. B 8566 kept by the Regional Court in Brno 
(hereinafter the „Seller“)

for sales through the online shop at www.collalloc.com

Contact details of the Seller:

Delivery address: opio a.s. 
Dukelská třída 1560/​57c, Brno 61400, Czech Republic 
(hereinafter the „Contact address“)

E-mail address: collalloc@collalloc.com (hereinafter the „Contact e-mail“) Telephone: (+420) 737 933 889 (hereinafter the „Contact telephone“)

1. Introductory provisions

1.1. These terms of service (within the meaning of Section 1751 of Act No. 89/2012 Coll. of the Czech Republic, the Civil Code, as amended, hereinafter the „Civil Code“) apply to purchases in the „collalloc“ online shop through the web interface at www.collalloc.com (hereinafter also the „shop web interface“) operated by the Seller.

1.2. These terms define and specify the basic rights and obligations of the Seller, the Buyer and the User. By sending an order and further by confirming it in the shop web interface, the Buyer simultaneously confirms that they accept these terms and that they have read them. The purchase contract, i.e. these terms including the order and its acceptance, will be sent to the Buyer by e‑mail or in printed form by post immediately after the purchase contract is concluded, or will be enclosed with the goods no later than upon delivery of the goods to the Buyer.

1.3. Provisions deviating from these terms may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms.

1.4. The provisions of these terms form an integral part of the purchase contract (the „purchase contract“ here means a contract of sale, a contract for work, a contract for the provision of services, or another contract concluded under these terms). These terms are made available in English and Czech; in the event of a discrepancy between language versions the Czech wording prevails, which does not limit the consumer's rights arising from the mandatory provisions of the law of their country of residence. The purchase contract may be concluded in English or Czech. These terms are displayed in the shop web interface and during the ordering process, which allows the Buyer to archive, reproduce, store and repeatedly display them, which the Buyer acknowledges and undertakes to keep these terms for themselves during the ordering process for later repeated display.

1.5. All contractual relationships are governed by these terms and, in matters not regulated by them, by the Civil Code and, where the contracting party is a consumer, by Act No. 634/1992 Coll. of the Czech Republic, on Consumer Protection, as amended. The consumer retains the protection afforded by the mandatory provisions of the law of the state of their habitual residence.

1.6. In cases where a person intending to purchase goods from the Seller acts, when ordering goods, within the scope of their business activity or within the scope of the independent exercise of their profession, or is a legal entity, the General Terms and Conditions for Wholesale apply.

2. Definitions

2.1. The Buyer is a natural or legal person who intends to purchase goods through the shop web interface. In view of the applicable legislation, a distinction is made between a Buyer who is not a consumer and a Buyer who is a consumer.

2.2. A consumer is any individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them.

2.3. The User is any natural or legal person who visits the shop web interface. The Buyer is also a User.

2.4. The goods sold through the shop web interface are food supplements specified in more detail in the shop web interface.

3. Order and conclusion of the purchase contract

3.1. Where the shop web interface allows it, the Buyer places orders for goods:

  • without registration in the shop web interface, i.e. directly through the shop web interface (by filling in a form or otherwise), or
  • through e‑mail communication with the Seller by sending an order to the Seller's Contact e-mail, or
  • through a telephone or SMS order to the Seller's Contact telephone.

3.2. An order without registration (an order placed other than from a user account) must contain the exact name of the ordered goods (or the numerical designation of the goods), the number of units and the Buyer's personal data (name and surname, delivery address, telephone number, e‑mail address).

3.3. Where the shop web interface allows it, the Buyer may, on the basis of registration in the shop web interface, access their user interface. From their user interface the Buyer may place orders for goods (hereinafter the „user account“). The Seller is not liable for any use of the user account by third parties.

3.4. The Buyer is obliged to notify the Seller of any changes to their data without undue delay, at the latest within 5 days of the day on which the change occurred.

3.5. The Seller may cancel a user account, in particular where the Buyer has not used their user account for more than 1 year, or where the Buyer breaches their obligations under the relevant purchase contract (including these terms).

3.6. The shop web interface contains a list of goods and information about them, including the prices of individual goods. Prices of goods are stated inclusive of all taxes (including VAT), duties and other charges. The stated prices do not include the prices and costs of packaging, transport or delivery of the goods to the Buyer. Information about the costs associated with packaging and transport or delivery of the goods is contained in the shop web interface and in Article 4 of these terms, whereby in the event of a discrepancy the price in the shop web interface prevails. These prices apply only where the goods are delivered within the country stated in the shop web interface for the given market (unless the shop web interface expressly states otherwise).

3.7. The prices of the presented goods and the prices for packaging, transport and delivery remain valid for as long as they are displayed in the shop web interface. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined with each other, unless the Seller expressly states otherwise.

3.8. The Seller's option to conclude a purchase contract on terms individually agreed with the Buyer is preserved.

3.9. The presentation of goods placed in the shop web interface is of an informative nature and does not constitute an offer by the Seller (or a proposal to conclude a contract; Section 1732(2) of the Civil Code does not apply). The Seller is not obliged to conclude a purchase contract regarding the goods so presented. An offer marked as „promotional“ is valid while stocks last, or until the end of such offer stated in the shop web interface, or until the offer is withdrawn, or until the next update of the offer.

3.10. To order goods, the Buyer fills in the order form (or provides the relevant information during telephone or e‑mail communication) in the shop web interface, which contains in particular information about: .

  • the goods ordered (the buyer „places“ the ordered goods in the electronic shopping cart of the shop web interface and states their number, or the designation of the goods according to the items in the Seller's presentation/​catalogue),
  • the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods including the delivery address,
  • identification and contact details of the Buyer, including billing details (where required); and
  • information about the costs associated with packaging, transport or delivery of the goods (hereinafter jointly the „order“).

3.11. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order, including with regard to the Buyer's ability to detect and correct errors arising before and during the entry of data into the order. The Buyer sends the order to the Seller by clicking the „Confirm order“ button. The data given in the order are deemed correct by the Seller. Immediately after receiving the order, the Seller shall confirm receipt to the Buyer by electronic mail, to the Buyer's e‑mail address given in the order or in their user account (in the event of a discrepancy the address in the order prevails; hereinafter the „Buyer's electronic address“), whereby, unless stated otherwise in the confirmation, this confirmation does not in itself constitute acceptance of the order within the meaning of clause 3.13 of these terms, and therefore does not conclude the purchase contract.

3.12. The Seller is always entitled to ask the Buyer for additional confirmation of the order or verification of the Buyer's identity (for example in writing, by fax or by telephone). If the order or the identity of the Buyer is not confirmed or verified by the Buyer at the Seller's request, the order is deemed invalid and the purchase contract does not come into existence. If any deficiency is identified, in particular incompleteness or inconsistency of data about the persons authorised to order goods, the Seller is entitled to disregard the order. The Seller is entitled to reject an order that does not meet the essential requirements (or to disregard it), or to return it for completion and to provide a reasonable period for this. The futile expiry of that period results in the order being treated as if it had never been delivered.

3.13. The contractual relationship between the Seller and the Buyer arises (i.e. the purchase contract is concluded) upon delivery of the acceptance of the order (hereinafter the „acceptance of the order“), which the Seller sends to the Buyer by electronic mail to the Buyer's electronic address, and should this not occur, upon payment of the full purchase price or upon the Buyer taking over the ordered goods, whichever occurs first. The acceptance of the order may form part of the confirmation of receipt of the order under clause 3.8 (if expressly stated in the confirmation), or may follow separately after that confirmation.

3.14. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, in particular with persons who have previously breached a purchase contract (including these terms).

3.15. The Buyer consents to the use of means of distance communication when concluding the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (in particular costs of internet connection, costs of telephone calls) are borne by the Buyer. These costs do not differ from the basic rate.

3.16. Under the purchase contract the Seller undertakes to deliver to the Buyer the goods stated in the order, and the Buyer undertakes to take over these goods from the Seller or a carrier chosen by the Seller and to pay the Seller the purchase price of the goods stated in the order.

3.17. Where an obvious technical error occurred on the part of the Seller when stating the price of the goods in the shop web interface or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at that entirely obviously erroneous price, even if the Buyer was sent an acceptance of the order under clause 3.13 of these terms.

3.18. The Seller shall notify the Buyer if the price stated for the goods in the shop web interface or during the ordering process is no longer current. If the Buyer does not agree with the price increase, the Seller reserves the right to withdraw from the purchase contract.

3.19. The Buyer may cancel orders not yet confirmed by the Seller under clause 3.13 by telephone or by e‑mail message to the Seller's contact telephone number or e‑mail address. All orders accepted by the Seller under clause 3.13 are binding. Even a binding order may be cancelled after prior agreement with the Seller. Where an order is not cancelled before dispatch and is dispatched, the Buyer may be required to reimburse the costs associated with dispatch and return of the goods caused by the cancellation of the order.

4. Payment and delivery terms

4.1. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivery of the goods, the amount of which is stated in the shop web interface and will be stated in the order and in its acceptance. Unless expressly stated otherwise, the purchase price is further understood to include these costs associated with delivery of the goods.

4.2. The Buyer may pay the purchase price for the goods to the Seller, in addition to other methods stated in the shop web interface, also by one of the following methods:

  • cash on delivery (where this method is offered for the given delivery country)
  • by payment card through the payment gateway of the shop web interface
  • by bank transfer to the Seller's account (payment details including the account number are provided to the Buyer in the order confirmation; hereinafter the „Seller's Account“)

Any further payments by the Buyer in connection with the above methods of paying the price of the goods are stated in the shop web interface, in the order, and will be stated in the acceptance of the order. The current list of available payment methods is always displayed in the shop web interface during the ordering process.

4.3. The Buyer states the method of payment in the order (which will also state any further payments in connection with the chosen payment method).

4.4. Payment for the goods is possible in euro (€).

4.5. The Seller does not, as a rule, require a deposit on the purchase price of the goods or a similar payment. In justified cases (in particular for orders with a total price exceeding the equivalent of CZK 5,000) it may do so. The Seller is entitled to require payment of the full price of the goods before dispatch or handover to the Buyer (Section 2119(1) of the Civil Code does not apply).

4.6. In the case of cash on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within five working days of conclusion of the purchase contract.

4.7. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol, i.e. the order number. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.

4.8. Where it is customary in business dealings or where generally binding legal regulations so provide, the Seller shall issue the Buyer a tax document, i.e. an invoice, in respect of payments made under the purchase contract. The Seller is a value added tax payer. The Seller shall issue the tax document, i.e. the invoice, to the Buyer after payment of the purchase price of the goods and shall send it in electronic form to the Buyer's electronic address, or shall provide it together with the goods.

4.9. Goods that are in stock are dispatched by the Seller, in the case of cash on delivery or personal collection of the goods, as a rule within 3 working days of receipt of the order. In the case of payment by bank transfer, the Seller dispatches goods in stock as a rule within 3 working days of the relevant amount being credited to its account. Partial delivery of the ordered goods is permissible provided that the opposite has not been agreed.

4.10. Goods that are not in stock are dispatched by the Seller as soon as possible. The Buyer is informed in advance of the exact date. Where, for objective reasons (the goods are no longer manufactured, the supplier has ceased supplying to the country of delivery, its price or delivery costs have increased significantly), the goods cannot be delivered on the original terms, or performance becomes objectively impossible, or where the Buyer has not settled all obligations towards the Seller due as at the date the order was placed, the Seller has the right to withdraw from the purchase contract. It shall inform the Buyer of the withdrawal without delay. Where the Buyer has already paid all or part of the purchase price, the amount received will be returned by bank transfer to the account notified for this purpose by the Buyer, or to the account from which the funds were remitted to pay the purchase price (if the Buyer does not notify any account to the Seller within 3 days of the withdrawal), within 5 days of the withdrawal from the purchase contract.

4.11. The methods of delivery of the goods are stated in the shop web interface. The specific method of delivery of the goods will be chosen by the Buyer in the order and confirmed by the Seller in the acceptance of the order.

4.12. The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the shop web interface, will be stated in the Buyer's order and in the Seller's acceptance of the order.

4.13. Where, for reasons on the part of the Buyer, the goods must be delivered repeatedly or by a method other than the agreed one, the Buyer is obliged to pay the costs associated with such delivery.

4.14. Delivery of the goods under these terms means the moment the goods are delivered to the Buyer in accordance with the purchase contract. An unjustified refusal of the goods by the Buyer is not considered a failure by the Seller to deliver the goods, nor a withdrawal from the contract by the Buyer. Upon receipt of the goods the Buyer is obliged to check that the packaging of the goods is intact and to notify the carrier and the Seller of any defects without delay. Refusal to accept a consignment due to damaged packaging is not considered an unjustified refusal of the goods. By signing the delivery note the Buyer confirms that the consignment of goods met all requirements and acknowledges that a complaint regarding the goods on the grounds of damage to the packaging of the consignment is no longer possible.

4.15. The Buyer acquires title to the goods upon payment of the full purchase price for the goods (including the costs of packaging and delivery), but not before taking over the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods, or at the moment when the Buyer was obliged to take over the goods but failed to do so contrary to the purchase contract (i.e. as a rule when the goods are ready for collection by them).

5. Withdrawal from the purchase contract

5.1. The Buyer acknowledges that under Section 1837 of the Civil Code it is not possible, among other things, to withdraw from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, for the supply of goods that are perishable, and for goods that have, after delivery, been irreversibly mixed with other goods.

5.2. Where the case referred to in clause 5.1. does not apply, nor any other case in which withdrawal from the purchase contract is not possible, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the purchase contract within fourteen days of taking over the goods. The withdrawal from the purchase contract must be sent to the Seller within the period referred to in the preceding sentence, to the Contact address, to any establishment of the Seller, or to the Seller's registered office or place of business, or to the Seller's Contact e-mail.

5.3. In the case of withdrawal from the purchase contract under clause 5.2. of these terms, the purchase contract is cancelled from the outset. The goods must be returned to the Seller (other than cash on delivery, which the Seller does not accept) within 14 days of the withdrawal from the purchase contract to the Contact address, to any establishment of the Seller, or to the Seller's registered office or place of business. The goods must be returned to the Seller undamaged, unworn and unsoiled and, where possible, in the original packaging.

5.4. Together with the returned goods, the Buyer shall enclose a copy of the delivery note and the invoice, if issued, or another document proving purchase of the goods, and further a written statement of withdrawal from the purchase contract and of the chosen method of refund (bank transfer, personal collection of cash or postal order, or otherwise). The statement must also contain the Buyer's contact address, telephone and electronic address.

5.5. Within ten days of the return of the goods by the Buyer under clause 5.3 of these terms, the Seller is entitled to examine the returned goods, in particular to establish whether the returned goods are damaged, worn or partially consumed.

5.6. The Seller shall return to the Buyer the funds (including delivery costs) which it received from them under the purchase contract, within 14 days of the Buyer's withdrawal from the purchase contract, and that (i) by the same means by which it received them from the Buyer, or (ii) by the means the Buyer requested, (iii) but always also by sending them to the bank account notified by the Buyer, or to the account from which the funds were remitted to pay the purchase price (if the Buyer does not notify any account to the Seller within 10 days of the withdrawal), to which the Buyer hereby gives consent on condition that no further costs arise for them in this way. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to it or proves that they have dispatched the goods to the Seller.

5.7. If the Buyer chose a method of delivery of the goods other than the cheapest method offered by the Seller, the Seller shall return to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

5.8. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation from the Buyer for the damage thus incurred. The Seller is entitled to unilaterally set off its claim for compensation for the damage incurred against the Buyer's claim for the return of the purchase price and the costs of delivery of the goods.

5.9. When sending the goods, the Buyer is obliged to pack them in suitable packaging so that they are not damaged or destroyed. The purchase price and the costs of delivery of the goods cannot be refunded for goods substantially damaged or destroyed in transport as a result of the use of unsuitable packaging.

5.10. The costs associated with returning the goods to the Seller in the event of withdrawal from the purchase contract by the Buyer are borne by the Buyer, including where the goods cannot, by their nature, be returned by ordinary postal route. The Seller is entitled to set off the costs actually incurred in connection with the return of the goods against the purchase price and the costs of delivery of the goods to be returned to the Buyer.

5.11. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case the Seller shall return the purchase price to the Buyer by bank transfer to the account notified for this purpose by the Buyer, or to the account from which the funds were remitted to pay the purchase price (if the Buyer does not notify any account to the Seller within 3 days of the withdrawal), within 5 days of the withdrawal from the contract.

5.12. Where a gift is provided together with the goods, the relevant gift agreement is concluded subject to a resolutive condition that if either party withdraws from the purchase contract, the gift agreement ceases to be effective and the Buyer is obliged to return the gift provided together with the goods.

6. Liability for defects and complaints procedure

6.1. The Buyer's rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code). The consumer retains the rights arising from the mandatory provisions of the law of the state of their habitual residence.

6.2. The Seller is liable to the Buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took over the goods:

6.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

6.2.2. the goods are in the corresponding quantity, measure or weight, and

6.2.3. the goods comply with the requirements of legal regulations.

6.3. The provisions set out in the preceding paragraph of these terms and the quality guarantee do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their ordinary use, to used goods in respect of a defect corresponding to the degree of use or wear which the goods had when taken over by the buyer, or where this follows from the nature of the goods.

6.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective already upon receipt.

6.5. The Buyer exercises the rights arising from defective performance, including guarantee liability, with the Seller at the Seller's Contact address (other methods of notifying defects under the complaints procedure are not thereby limited in any way). The moment of making a complaint is deemed to be the moment when the Seller received the complained-of goods from the Buyer.

6.6. Complaints procedure

6.6.1. The complaints procedure governs the method and conditions for complaints about defects in goods and for exercising claims under the quality guarantee by a consumer, in accordance with the provisions of the Civil Code and Act No. 634/1992 Coll. of the Czech Republic, on Consumer Protection, as amended.

6.6.2. For all goods sold by the Seller to a Buyer who is a consumer, the Seller is liable to the Buyer for the goods being free of defects upon receipt and for defects in consumer goods not occurring within twenty-four months of the Buyer taking over the goods.

6.6.3. A best-before date is stated on food products. After that date the Seller does not guarantee the taste and nutritional qualities of the product.

6.6.4. Where, during the guarantee period (where a quality guarantee has been provided) or during the period under the preceding paragraph, a defect in the goods occurs for which the purchased product cannot be used entirely properly, and that defect can be remedied, the Buyer has the right to have it repaired free of charge. In the case of a remediable defect in a product not yet used, the Buyer has the right, instead of removal of the defect, to require replacement of the defective product with a defect-free one. In the case of a remediable defect the Buyer further has the right to a reasonable discount from the purchase price. In the case of a defect that cannot be remedied and that prevents the goods from being properly used as goods without a defect, the Buyer has the right to replacement of the goods, to a reasonable discount from the purchase price, or has the right to withdraw from the purchase contract. The Buyer is not entitled to rights arising from defective performance where the Buyer knew about the defect before taking over the item, or where they caused the defect themselves. The Buyer has no right to withdraw from the purchase contract, nor to require delivery of a new item, if they cannot return the item in the state in which they received it, except in cases laid down by law. If the Buyer does not withdraw from the purchase contract or does not exercise the right to delivery of a new defect-free item, to replacement of its part or to repair of the item, they may require a reasonable discount from the purchase price. The Buyer also has the right to a reasonable discount where the Seller cannot deliver a new defect-free item, replace a part of it or repair the item, as well as where the Seller does not remedy the situation within a reasonable time or where remedying it would cause the Buyer considerable difficulties.

6.6.5. The Buyer is obliged to make a complaint with the Seller (or a person designated to carry out repairs) without undue delay after discovering the deficiency. Complaints received are handled without undue delay, at the latest within 30 days of the day the complaint was made, unless the Seller and the Buyer agree otherwise.

6.6.6. The day the complaint is made is the day on which the goods were delivered to the Seller's Contact address, to any establishment of the Seller, or to the Seller's registered office or place of business.

6.6.7. The guarantee and claims arising from liability for defects do not apply to goods in respect of which a complaint was made after expiry of the stipulated guarantee period, nor to wear and tear of the goods caused by their use. The guarantee and claims arising from liability for defects do not apply to defects caused by improper use, failure to follow the instructions, unsuitable maintenance or improper storage. In the case of used goods the Seller is not liable for defects corresponding to the degree of prior use or wear; in the case of items sold at a lower price the Seller is not liable for the defect for which the lower price was agreed; instead of the right to replacement, the Buyer has, in the cases under this sentence, the right to a reasonable discount.

6.6.8. A complaint may be made in the following manner:

Informing the Seller by telephone, e‑mail or in writing.Where the shop web interface allows it, the Buyer may use, to notify a complaint, the complaint form which will be sent to their e‑mail address or is available for download in the shop web interface.Delivery of the complained-of goods (other than cash on delivery, which the Seller does not accept) to the Seller's Contact address (or to the person designated to carry out repairs), to any establishment of the Seller, or to the Seller's registered office or place of business. When sending the goods, the Buyer is obliged to pack them in suitable packaging so that they are not damaged or destroyed. Proof of purchase of the goods or the invoice, if issued, or another document proving purchase of the goods must be enclosed with the goods, together with a description of the defect and a proposal for how the complaint should be settled.

6.6.9. The Seller is not liable for harm to the health of persons, or damage to property and goods, caused by unprofessional handling or misuse of the goods, or by negligence.

7. Information on the processing of personal data

7.1. The Buyer confirms that the Personal Data provided are accurate and that they have been informed that the provision of Personal Data is voluntary.

7.2. The Buyer acknowledges that the Seller processes their personal data to the following extent:

  • name and surname
  • company name
  • registered office address
  • company ID, VAT ID
  • e‑mail address
  • bank account number and bank code
  • telephone number
  • IP address

(hereinafter the „Customer's Personal Data“)

7.3. These Personal Data of the Buyer must be processed for the purposes of identifying the Contracting Parties and performing the Contract, and further for the purpose of recording the Contract and any future exercise and defence of the rights and obligations of the Contracting Parties.

Such processing is permitted by Article 6(1)(b) and (f) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 „Regulation“).

The IP address will further be processed also for the purpose of ensuring protection against cyber attacks. Such processing is permitted by Article 6(1)(f) of the Regulation.

7.4. The storage and processing of the Buyer's Personal Data will be carried out for the above purpose for the duration of the Contract and further for a period of 10 years from termination of the Contract, unless another legal regulation requires the contractual documentation to be kept for a longer period.

7.5. The Customer acknowledges that they are obliged to provide their personal data correctly and truthfully and that they are obliged to inform the Provider without undue delay of any change in their personal data.

7.6. The e-mail address may be processed for the purpose of inclusion in a database for sending commercial communications. This procedure is permitted by Section 7(3) of Act No. 480/2004 Coll. of the Czech Republic, on Information Society Services, on the basis of the Contract concluded, unless the Buyer refuses it. Such communications may relate only to similar services and products and can be unsubscribed from at any time in a simple manner, by sending a letter, an e‑mail or by clicking a link in the commercial communication. The e‑mail address will be processed by the Provider for this purpose for the duration of the provision of the Services and further for a period of 3 years from the end of their provision.

7.7. The Buyer acknowledges that under the Regulation they have the right:

  • to request information from the Seller as to which of their personal data it processes,
  • to request access to these data from the Seller and to have them updated or corrected, or to request restriction of processing,
  • to request erasure of these personal data from the Seller,
  • to data portability and the right to request a copy of the personal data processed,
  • in the case of processing carried out on the basis of the Seller's legitimate interest under Article 6(1)(f) of the Regulation, to object to the processing,
  • to lodge a complaint with the supervisory authority (in the Czech Republic the Office for Personal Data Protection, or the supervisory authority of the Buyer's own member state) and the right to an effective judicial remedy, where the Buyer considers that their rights under the Regulation have been infringed as a result of the processing of their personal data contrary to the Regulation.

8. Personal data processing agreement

8.1. Upon conclusion of the Contract, a personal data processing agreement (hereinafter the „Processing Agreement“) is also concluded between the Seller and the Buyer under Article 28(3) of the Regulation, which defines the rights and obligations of the Contracting Parties in the processing of personal data carried out within the provision of the Service.

8.2. The Seller, as processor, is entitled to process for the Buyer, as controller, the following personal data of data subjects who register when purchasing from the Seller:

  • title
  • first name, middle name and surname
  • e‑mail address
  • telephone number
  • address
  • system data (IP address and cookies)
  • where applicable, further personal data configured by the Seller

(hereinafter the „Personal Data“)

8.3. Disclosure takes place in such a way that the Personal Data are entered into the collalloc online shop by the Buyer or directly by the data subjects when registering in the Seller's systems.

8.4. The Seller shall process the personal data solely for the purpose of providing the Services  or selling the product according to the Buyer's instructions.

8.5. The Buyer is entitled to extend the purpose of processing in accordance with the relevant legal regulations, whereby an instruction for further processing may be given to the Seller only in written form. For the purposes of the Processing Agreement, e‑mail communication between the Contracting Parties addressed to authorised persons is also deemed to be written form.

8.6. The Seller undertakes to adopt technical, organisational and other measures that will prevent unauthorised or accidental access to the Personal Data, their alteration, destruction, loss or other unauthorised handling of the Personal Data. In particular, the Seller undertakes:

a) to use secured access to the computer, whereby access credentials to the computer will be known only to the Seller;

b) to use for processing software and services that meet standard data security requirements and comply with the standards set by the European Union;

c) not to create copies of the Personal Data database without the Buyer's prior consent, unless this is necessary for the provision of the Services;

d) to use suitable security measures, e.g. encryption or other suitable and necessary means, always depending on the specific conduct and data;

e) not to allow access to the data to third parties other than the persons under clause 8.12. of these terms, unless such access is approved in writing by the Buyer or follows from the Processing Agreement;

f) to maintain confidentiality regarding the Personal Data.

8.7. The Seller further undertakes:

a) to process the Personal Data only in the form in which they were handed over to it by the Buyer or directly by the data subjects;

b) to process the Personal Data only for the purpose defined by this Processing Agreement and only to the extent necessary to fulfil that purpose;

c) not to combine Personal Data obtained for different purposes;

d) to retain the Personal Data only for the period stated in the information notice or the consent to the processing of personal data in relation to the specific data subject. The Buyer is obliged to inform the Seller of the processing period, or is obliged, within a reasonable time before its expiry, to instruct the Seller to terminate the processing.

8.8. The Seller and the Buyer undertake to comply, when processing personal data under the Contract and the Processing Agreement, with the obligations laid down by the Regulation and other generally binding legal regulations relating to this activity.

8.9. The Seller undertakes, at the Buyer's request, to correct, update, delete or transfer Personal Data in accordance with the Buyer's instruction without undue delay after such request.

8.10. Where a data subject's request under Article 8 of the Regulation addressed to the Seller is found to be justified, the Seller undertakes to remedy the defective state without delay.

8.11. In performing its obligations under the Processing Agreement, the Seller is obliged to act with professional care, to follow the Buyer's instructions and to act in accordance with the Buyer's interests. If the Seller finds that the Buyer is breaching its obligations imposed by the Regulation, it is obliged, in accordance with Article 28(3)(h) of the Regulation, to report this fact without delay.

8.12. The Buyer acknowledges and agrees that the Personal Data will be made available to further entities, which will act as sub-processors. The Seller shall submit a list of these entities to the Buyer on request. These are in particular the following categories of sub-processors:

  • providers of analytics software
  • providers of marketing software
  • providers of accounting and payment software
  • providers of monitoring software
  • providers of customer care software
  • providers of server software
  • providers of other software tools

8.13. The Processing Agreement is effective for the duration of the Contract; however, its effectiveness ends only after the Seller has fulfilled its obligations under clause 8.14. of these terms

8.14. In the event of any termination of the Contract, the Processing Agreement or termination of the processing of Personal Data, the Seller is obliged, without delay and at the latest within 30 days of such termination, to destroy the Personal Data, unless the Contracting Parties agree otherwise. The Seller must carry out the destruction in such a way as to prevent unauthorised processing of the Personal Data, in particular so that it:

  • adopts such organisational measures as to prevent the processing of personal data by persons not authorised to do so,
  • implements such technical measures and chooses such a method of destruction that the destruction is complete and irreversible

8.15. The Seller undertakes to maintain confidentiality regarding the Personal Data processed, in particular it must not publish, disseminate or pass them on to other persons outside the persons acting as sub-processors under clause 8.12. of these terms. This obligation of the Seller continues also after the effectiveness of the Processing Agreement has ended.

8.16. The Buyer is obliged:

a) to inform the Seller that the legal basis for processing the personal data has ceased to exist or,

b) to destroy the personal data,

where the legal basis for processing the Personal Data ceases to exist (e.g. the validity period of consent expires, the data subject objects to the processing under Section 7(3) of Act No. 480/2004 Coll. of the Czech Republic, on Certain Information Society Services, etc.).

In the event of a breach of this provision, the Buyer is obliged to compensate the Seller for the damage incurred by it as a result of the Buyer's breach of obligation

8.17. Where the Seller breaches its obligations established by the Processing Agreement or the Regulation as a result of its culpable conduct, it is liable only for damage caused entirely as a result of such culpable conduct.

8.18. The invalidity or unintelligibility of any of the provisions of the Processing Agreement does not affect the validity of the remaining provisions of the Processing Agreement or of these terms.

8.19. The Contracting Parties undertake to provide each other with all necessary cooperation and documents to ensure the smooth and effective implementation of the Processing Agreement, in particular in the case of proceedings with the personal data protection supervisory authority or with other public authorities.

8.20. The Seller undertakes to provide the Buyer with all information necessary to demonstrate that the obligations laid down by the Processing Agreement or the Regulation relating to personal data have been fulfilled, and to allow the Seller or a third party bound by confidentiality towards the Buyer to carry out an audit to a reasonable extent. The audit must be announced sufficiently in advance, at least 10 days before it takes place, and must not unreasonably interfere with the Seller's activities. The costs of the audit which do not arise from an unambiguous breach of the Seller's obligations are borne by the Buyer.

9. Service of documents

9.1. Unless agreed otherwise, all correspondence relating to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered post through a postal services operator (at the sender's choice). The Buyer is served at the e‑mail address stated in their user account or in the order, or within the communication between the parties.

9.2. A message is deemed delivered:

  • in the case of delivery by electronic mail, at the moment it is received by the incoming mail server; the integrity of messages sent by electronic mail may be secured by a certificate,
  • in the case of delivery in person or through a postal services operator, upon receipt of the consignment by the addressee,
  • in the case of delivery in person or through a postal services operator, also upon refusal to accept the consignment, where the addressee (or a person authorised to accept the consignment on their behalf) refuses to accept it,
  • in the case of delivery through a postal services operator, upon expiry of a period of ten days from deposit of the consignment and the issue of a notice to the addressee to collect the deposited consignment, where the consignment is deposited with the postal services operator, including where the addressee did not learn of the deposit.

10. Final provisions

10.1. Where a relationship connected with the use of the website or a legal relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from the generally binding legal regulations of other states which afford the consumer a higher degree of protection. A consumer habitually resident in another EU member state retains the protection afforded by the mandatory provisions of the law of that state.

10.2. In matters not regulated by the purchase contract (including the order and its acceptance) and these terms (or, where applicable, the communication between the parties), the legal relationship is governed by the conditions stated in the shop web interface. Information on the individual technical steps leading to the conclusion of the purchase contract is apparent from the shop web interface.

10.3. The Seller is not liable for errors arising as a result of interventions by third parties in the shop web interface or as a result of its use contrary to its purpose. When using the shop web interface, the User and the Buyer must not use mechanisms, software, scripts or other procedures that could have a negative effect on its operation, i.e. in particular disrupt the function of the system or place an unreasonable load on the system, must not carry out any activity that could enable them or third parties to interfere without authorisation with, or make unauthorised use of, the software or other components forming the shop web interface, and must not use the shop web interface or parts of it or its software in a manner contrary to its purpose. Errors arising when entering data before submitting an order, or when submitting and processing it, will be identified and corrected on the basis of e‑mail or telephone communication.

10.4. The Seller is authorised to sell goods on the basis of a trade licence and the seller's activity is not subject to any other authorisation. Trade inspection is carried out within its remit by the relevant trade licensing authority. Compliance with consumer protection regulations is also supervised by the Czech Trade Inspection Authority (http://www.coi.cz/), and consumer rights are also defended by consumer interest associations and other bodies for their protection. Compliance with legal regulations concerning technical requirements for goods and the safety of goods is supervised by the Czech Trade Inspection Authority (http://www.coi.cz/); the health safety, quality and proper labelling of foodstuffs is supervised by the Czech Agriculture and Food Inspection Authority (http://www.szpi.gov.cz). Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz/). A consumer resident in another EU member state may also contact the consumer protection authority and the data protection supervisory authority of their own state. Out-of-court handling of consumer complaints is provided by the Seller through its e‑mail address stated above; the Buyer may also turn to interest associations and other bodies operating in the field of consumer rights protection. The Seller is not bound in relation to the Buyer by any codes of conduct, nor does it voluntarily comply with any such codes (within the meaning of Section 1826(1)(e) of the Civil Code).

10.5. The content of the Seller's websites, all materials on them (texts, photographs, images, logos and others) and in related printed media (promotional leaflets, advertisements, etc.), including the software of the shop web interface and these terms, is protected by the Seller's copyright and may be protected by further rights of other persons. The content must not be altered, copied, reproduced, disseminated or used by the Buyer, the User or any third party for any purpose without the Seller's written consent. In particular, it is prohibited to make photographs and texts placed in the shop web interface available for consideration or free of charge. In the event of failure to respect this prohibition, the Seller will proceed in accordance with Act No. 121/2000 Coll. of the Czech Republic, the Copyright Act, as amended. Names and designations of products, goods, services, firms and companies may be registered trade marks of the respective owners.

10.6. Where any provision of these terms is or becomes invalid, ineffective or inapplicable (including on the grounds of its conflict with consumer protection law), the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the remaining provisions. Amendments and supplements to the purchase contract or these terms require written form.

10.7. The purchase contract including these terms is stored and archived by the Seller in electronic form and is not accessible to third parties (the provisions of these terms and of the law on providing the purchase contract and these terms to the Buyer are not affected in any way). The Seller shall provide the purchase contract including these terms to the Buyer on request in text form (in electronic form by sending an e‑mail)

10.8. The Buyer assumes the risk of a change of circumstances (within the meaning of Section 1765(2) of the Civil Code).

10.9. The shop web interface uses the Google Analytics service, provided by Google, Inc. (hereinafter „Google”). The Google Analytics service uses „cookies”, which are text files stored on the computer of the Buyer and of Users of the shop web interface, enabling analysis of the way the shop web interface is used by the Buyer and Users. The information generated by the cookie about the use of the site (including the IP address) will be transferred by Google and stored on servers in the United States. Google will use this information for the purpose of evaluating the use of the shop web interface and creating reports on its activity, intended for the Seller and the operator of the shop web interface and for internet use in general. Google may also provide this information to third parties where required by law or where such third parties process this information for Google. Google will not associate the IP address of the Buyer and Users with any other data it holds. The Buyer and Users of the shop web interface may refuse the use of cookies by choosing the relevant setting in their internet browser; however, in that case it cannot be ruled out that it will not be possible to make full use of all the functions of the shop web interface. By using the shop web interface, the Buyer and Users consent to the processing of data about them by Google, in the manner and for the purpose stated above.

10.10. The Seller may amend or supplement the wording of these terms. The rights and obligations of the parties are always governed by the wording of the terms in effect at the time they arose.

10.11. In the event of a question concerning these terms and the purchase contract, the Seller shall provide the Buyer with all necessary information without delay.

These terms are valid and effective from 01. 09. 2024.