Terms and Conditions
Registered office: Dukelská třída 1560/57c, Brno 61400
File No. C 94488 kept at the Regional Court in Brno
(hereinafter referred to as “Seller”)
for sale via the on-line shop located at the internet address www.collalloc.com
Contact details of the Seller:
Delivery address: collalloc s.r.o.
Dukelská třída 1560/57c, Brno 61400
(hereinafter referred to as “Contact Address”)
E‑mail address: firstname.lastname@example.org (hereinafter referred to as “Contact Email”) Telephone: (+420) 737 933 889 (hereinafter referred to as “Contact Telephone”)
1. Introductory provisions
1.1 These Terms and Conditions (within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended, hereinafter referred to as the “Civil Code”) apply to purchases in the online shop “collalloc” via the web interface located at www.collalloc.com (hereinafter also referred to as the “web interface of the shop”) operated by the Seller.
1.2 The Terms and Conditions define and specify the basic rights and obligations of the Seller, the Buyer and the User. The Buyer, by sending an order and also by confirming it in the web interface of the shop, simultaneously confirms that he accepts these terms and conditions and that he has familiarised himself with them. The Purchase Contract, i.e. the Terms and Conditions including the order and its acceptance will be sent to the Buyer by e‑mail or printed by post immediately after the conclusion of the Purchase Contract or will be attached to the goods at the latest upon delivery of the goods to the Buyer.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Contract (the term “Purchase Contract” herein refers to a purchase contract, a contract for work, a contract for the provision of services or any other contract concluded in accordance with these Terms and Conditions). The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language, unless the Buyer and the Seller expressly agree on another language. These terms and conditions are displayed in the web interface of the shop and during the ordering of goods, thus enabling their archiving, reproduction, storage and repeated display by the Buyer, which the Buyer acknowledges and undertakes to keep the terms and conditions for himself during the ordering of goods for later repeated display.
1.5 All contractual relations are governed by the Terms and Conditions and relations not governed by them by the Civil Code, and if the contracting party is a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended.
1.6 In cases where a person who intends to purchase goods from the Seller acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession or is a legal person, the General Terms and Conditions for Wholesale shall apply.
2. Definition of terms
2.1 The Buyer is a natural or legal person who intends to purchase goods via the web interface of the shop. 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 person who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, concludes a contract with a trader or otherwise deals with him/her.
2.3 A User is any natural or legal person who visits the web interface of the Shop. The Buyer is also a User.
2.4 The goods sold through the web interface of the Shop are the food supplements specified in the web interface of the Shop.
3. Order and conclusion of the purchase contract
3.1 If the web interface of the Shop allows it, the Buyer orders the goods:
without registration in the web interface of the Shop, i.e. directly through the web interface of the Shop (by filling in the form or otherwise) or by e‑mail communication with the Seller by sending the order to the Seller’s Contact Email or by telephone or SMS order on the Seller’s Contact Phone.
3.2 An order without registration (an order made otherwise than from a user account) must contain the exact name of the goods ordered (or the numerical designation of the goods) and the number of items and the Buyer’s personal details (name and surname, delivery address, telephone number, email address).
3.3 If the web interface of the shop allows it, the Buyer can access his/her user interface on the basis of his/her registration in the web interface of the shop. The Buyer can order goods from his/her user interface (hereinafter referred to as “user account”). The Seller shall not be 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 its data without undue delay, no later than 5 days from the date of the change.
3.5.The Seller may cancel the user account, especially in the event that the Buyer does not use his/her user account for more than 1 year or in the event that the Buyer violates his/her obligations under the relevant purchase contract (including these Terms and Conditions).
3.6 The web interface of the shop contains a list of goods and information about them, including the prices of individual goods. The prices of the Goods are inclusive of all taxes (including VAT), duties and other charges. The prices quoted do not include the cost of packaging, shipping or delivery of the Goods to the Buyer. Information on the costs associated with the packaging and transport or delivery of the Goods is contained in the web interface of the Shop and Article 4 of these Terms and Conditions, and in the event of any conflict, the price in the web interface of the Shop shall prevail. These prices apply only in cases where the goods are delivered within the territory of the Czech Republic (unless expressly stated otherwise in the web interface of the shop).
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 web interface of the shop. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other, unless the Seller expressly states otherwise.
3.8 The possibility of the Seller to conclude a purchase contract on terms individually agreed with the Buyer is maintained.
3.9 The presentation of the goods placed in the web interface of the shop is of an informative nature and does not constitute an offer by the Seller (or its proposal for the conclusion of a contract; § 1732 paragraph 2 of the Civil Code does not apply). The Seller is not obliged to conclude a purchase contract in respect of the goods presented in this way. An offer marked as “special” is valid until the stock is sold out or until the end of such offer as indicated in the web interface of the shop or until the offer is withdrawn or until the offer is updated again.
3.10. In order to order goods, the Buyer shall fill in the order form (or provide the relevant information when communicating by phone or email) in the web interface of the Shop, which shall contain in particular information on: .
the goods ordered (the Buyer “inserts” the ordered goods into the electronic shopping cart of the web interface of the shop and indicates the number of goods, 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, information about the required method of delivery of the ordered goods, including the delivery address, the Buyer’s identification and contact details, including billing information (if required); and information about the costs associated with packaging, transport or delivery of the goods (hereinafter collectively referred to as the “order”).
3.11. Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with regard to the Buyer’s ability to identify and correct errors made prior to and during data entry in the Order. The Buyer shall send the order to the Seller by clicking on the “Confirm Order” button. The data provided in the order are considered correct by the Seller. The Seller shall confirm the receipt of the order to the Buyer immediately upon receipt of the order by e‑mail, to the Buyer’s e‑mail address indicated in the order or in his user account (in case of conflict, the address in the order shall prevail; hereinafter referred to as the “Buyer’s e‑mail address”), provided that, unless otherwise stated in the confirmation, this confirmation is not in itself an acceptance of the order within the meaning of paragraph 3.13 of these Terms and Conditions, i.e. it is not a conclusion of 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 telephone). If the order or the Buyer’s identity is not confirmed or verified by the Buyer at the Seller’s request, the order shall be deemed invalid and the purchase contract shall not be formed. In the event of any deficiency, in particular incompleteness or inconsistency of data on persons authorized to order goods, the Seller is entitled to disregard the order. The Seller is entitled to reject (or disregard) an order that does not meet the essential requirements or to return it for completion and to give a reasonable period of time for this. Failure to do so shall result in the order being treated as if it had never been delivered.
3.13. The contractual relationship between the Seller and the Buyer is established (i.e. the purchase contract is concluded) by the delivery of the acceptance of the order (acceptance, hereinafter referred to as “order acceptance”), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic address, and if this does not occur, by the payment of the full purchase price or by the Buyer’s acceptance of the ordered goods, whichever occurs first. Acceptance of the order (acceptance) may be part of the acknowledgement of receipt of the order pursuant to clause 3.8 (if expressly stated in the acknowledgement), or may follow separately from such acknowledgement.
3.14 The Buyer acknowledges that the Seller is not obliged to enter into a contract of sale, in particular with persons who have previously breached a contract of sale (including the terms and conditions).
3.15. The Buyer agrees to the use of means of remote communication in 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) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
3.16. By the Purchase Contract, the Seller undertakes to deliver to the Buyer the goods specified in the order and the Buyer undertakes to take delivery of the goods from the Seller or the carrier chosen by him and to pay the Seller the purchase price of the goods specified in the order.
3.17. In the event that there is an obvious technical error on the part of the Seller in indicating the price of the goods in the web interface of the shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an acceptance of the order in accordance with paragraph 3.13 of these Terms and Conditions.
3.18. The Seller shall notify the Buyer if the price indicated for the goods in the web interface of the shop 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 according to paragraph 3.13 by phone or email to the contact phone number or email address of the Seller. All orders accepted by the Seller pursuant to paragraph 3.13 are binding. Even a binding order may be cancelled by prior agreement with the Seller. In the event that the order is not cancelled prior to dispatch, and is dispatched, the Buyer may be required to reimburse the costs associated with dispatch and return of goods caused by the cancellation of the order.
4. Payment and delivery terms
4.1 Together with the purchase price, the Buyer shall also pay to the Seller the costs associated with the packaging and delivery of the goods, the amount of which is indicated in the web interface of the shop and will be indicated in the order and its acceptance. Unless expressly stated otherwise, the purchase price shall also include these costs associated with the delivery of the goods.
4.2 The Buyer shall have the option to pay the purchase price for the Goods to the Seller by any of the following methods in addition to the other methods set out in the web interface of the Shop:
cash on deliverypayment by credit card through the payment gateway of the web interface of the shopcash transfer to the Seller’s account No. 52806487/5500 (hereinafter referred to as the “Seller’s Account”)
Any additional payments by the Buyer in connection with the above methods of payment of the price of the goods are indicated in the web interface of the shop, in the order and will be indicated in the acceptance of the order.
4.3 The method of payment shall be specified by the Buyer in the Order (where any additional payments in connection with the chosen method of payment will also be specified).
4.4 Payment for the goods is possible in Czech crowns (CZK).
4.5 As a rule, the Seller does not require a deposit for the purchase price of the goods or similar payment. In justified cases (especially for orders with a total price above CZK 5,000), it may do so. The Seller is entitled to demand payment of the full price of the goods before they are dispatched or handed over to the Buyer (§ 2119 paragraph 1 of the Civil Code does not apply).
4.6 In case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within five working days of the conclusion of the purchase contract.
4.7 In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment — the order number. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
4.8. If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document — invoice to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is a payer of value added tax. The Seller shall issue the tax document — 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 provide it together with the goods.
4.9. Goods that are in stock Seller in case of payment on delivery or personal receipt of goods is usually dispatched within 3 working days from receipt of the order. In the case of payment by bank transfer, the Seller shall dispatch the goods in stock generally within 3 working days after the relevant amount has been credited to its account. Partial delivery of ordered goods is permissible provided that the contrary has not been agreed.
4.10. Goods that are not in stock shall be dispatched by the Seller as soon as possible. The Buyer shall be informed of the exact date in advance. In the event that the goods cannot be delivered under the original conditions for objective reasons (the goods are no longer produced, the supplier has stopped delivering to the Czech Republic, the price or delivery costs have increased significantly), or the performance becomes objectively impossible, or if the Buyer has not settled all obligations to the Seller due on the date of the order, the Seller has the right to withdraw from the purchase contract. The Seller shall inform the Buyer immediately of the withdrawal from the Purchase Contract. In the event that the Buyer has already paid the purchase price in full or in part, the amount received will be returned to the Buyer in cashless form to the account communicated to him for this purpose by the Buyer or the account from which the funds were transferred to pay the purchase price (unless the Buyer does not communicate any within 3 days of withdrawal to the Seller), within 5 days of withdrawal from the purchase contract.
4.11. The methods of delivery of the Goods are set out in the web interface of the Shop. The specific method of delivery of the goods will be selected by the Buyer in the order and confirmed by the Seller in the acceptance of the order.
4.12. The cost of delivery of the Goods depending on the method of shipment and receipt of the Goods is indicated in the web interface of the Shop, will be indicated in the Buyer’s order and in the Seller’s acceptance of the order.
4.13. In the event that, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than the agreed method, the Buyer shall pay the costs associated with such delivery.
4.14. Delivery of the goods under these terms and conditions means the moment of delivery of the goods to the Buyer in accordance with the Purchase Agreement. The Buyer’s unreasonable refusal of the goods shall not be deemed to be a failure by the Seller to deliver the goods or a repudiation of the contract by the Buyer. Upon receipt of the goods, the Buyer shall inspect the integrity of the packaging of the goods and immediately notify the carrier and the Seller of any defects. Refusal to accept the shipment due to damaged packaging shall not be deemed to be an unreasonable refusal of the goods. By signing the delivery note, the Buyer confirms that the shipment of goods has met all the requirements and acknowledges that a claim for goods due to damage to the packaging of the shipment is no longer possible.
4.15. The Buyer acquires ownership of the goods by paying the full purchase price for the goods (including packaging and delivery costs), but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of taking delivery of the goods or at the moment when the Buyer was obliged to take delivery of the goods but failed to do so in breach of the contract of sale (i.e. generally when the goods are ready for him to take delivery).
5. Withdrawal from the contract of sale
5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, inter alia, the delivery of goods in closed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons, the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery.
5.2 Unless it is a case referred to in paragraph 5.1 or another case where the purchase contract cannot be withdrawn from, the Buyer has the right to withdraw from the purchase contract within fourteen days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code. Withdrawal from the Purchase Contract must be sent to the Seller within the period according to the previous sentence, to the Contact Address, to any of the Seller’s premises or to the Seller’s registered office or place of business or to the Seller’s Contact Email.
5.3 In the event of withdrawal from the Purchase Contract pursuant to paragraph 5.2 of these Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned to the Seller (other than by cash on delivery, which is not accepted by the Seller) within 14 days of the withdrawal from the Purchase Agreement to the Contact Address, to any of the Seller’s premises or to the Seller’s registered office or place of business. The Goods must be returned to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging.
5.4 Together with the returned goods, the Buyer shall enclose a copy of the delivery note and invoice, if issued, or other document proving the purchase of the goods, as well as a written statement of withdrawal from the purchase contract and the chosen method of refund (bank transfer, personal collection of cash or postal order or otherwise). The statement must also include the Buyer’s contact address, telephone number and e‑mail address.
5.5 Within ten days of the return of the goods by the Buyer pursuant to paragraph 5.3 of the Terms and Conditions, the Seller is entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
5.6. The Seller shall return to the Buyer the monies (including delivery costs) received from the Buyer under the Purchase Contract within 14 days of the Buyer’s withdrawal from the Purchase Contract in (i) the same manner as received from the Buyer or (ii) the manner requested by the Buyer, (iii) but in any event by sending it to the bank account or account from which the funds were transferred to pay the purchase price (unless the Buyer notifies the Seller of any such account within 10 days of withdrawal), to which the Buyer hereby consents, provided that no further costs are incurred by the Buyer in this way. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5.7 If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost 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 out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage incurred by the Buyer. The Seller shall be entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for reimbursement of the purchase price and delivery costs.
5.9 When sending the goods, the Buyer is obliged to pack them in suitable packaging so that they are not damaged or destroyed. Goods substantially damaged or destroyed in transit due to the use of unsuitable packaging cannot be refunded the purchase price and delivery costs.
5.10. The costs associated with the return of the goods to the Seller in the event of the Buyer’s withdrawal from the Purchase Contract shall be borne by the Buyer, even if the goods cannot be returned by the usual postal route due to their nature. The Seller shall be entitled to offset its actual costs of returning the goods against the purchase price and the costs of delivery of the goods to be returned to the Buyer.
5.11. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall refund the Purchase Price to the Buyer in cashless form to the account communicated to him for this purpose by the Buyer or the account from which the funds were transferred to pay the Purchase Price (unless the Buyer communicates any of them to the Seller within 3 days of the withdrawal), within 5 days of the withdrawal.
5.12. If a gift is provided together with the Goods, the relevant gift agreement is concluded with the condition that if the Purchase Agreement is withdrawn by either party, the gift agreement shall cease to be effective and the Buyer shall 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 the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
6.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
6.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
6.2.2. the goods are in the appropriate quantity, measure or weight; and
6.2.3. the goods comply with the requirements of the legislation.
6.3 The provisions set out in the preceding paragraph of the terms and conditions and the guarantee of quality shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
6.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
6.5 The Buyer shall assert the rights arising from defective performance, including warranty liability, with the Seller at the Seller’s Contact Address (other methods of asserting defects under the Complaints Procedure are not limited in any way). The moment of claiming shall be deemed to be the moment when the Seller received the claimed goods from the Buyer.
6.6 Complaints Procedure
6.6.1 The Complaints Procedure shall regulate the manner and conditions of claiming defects in goods and claims under the quality guarantee by the consumer, in accordance with the provisions of the Civil Code and Act No. 634/1995 Coll., Consumer Protection Act, as amended.
6.6.2. For all goods sold by the Seller to the Buyer who is a consumer, the Seller shall be liable to the Buyer for the fact that the goods are free from defects upon receipt and that defects in consumer goods do not occur within twenty-four months from receipt of the goods by the Buyer.
6.6.3. After the expiry date, the Seller does not guarantee the taste and nutritional quality of the product.
6.6.4.In the event that during the warranty period (in the case of a quality guarantee) or during the period according to the preceding paragraph, a defect occurs in the goods, for which the purchased product cannot be used properly, and this defect can be eliminated, the Buyer has the right to repair it free of charge. In the case of a removable defect in a product that has not yet been used, the Buyer shall have the right to demand the replacement of the defective product with a faultless one instead of removing the defect. In the case of a removable defect, the Buyer is also entitled to a reasonable discount on the purchase price. In case of a defect that cannot be removed and which prevents the goods from being properly used as goods without defect, the Buyer has the right to exchange the goods, to a reasonable discount on the purchase price or to withdraw from the purchase contract. The Buyer is not entitled to the rights from defective performance if the Buyer knew about the defect before taking over the goods or if the Buyer caused the defect. The Buyer shall not have the right to withdraw from the purchase contract or to demand delivery of a new item if he cannot return the item in the condition in which he received it, except in cases provided for by law. If the Buyer does not withdraw from the purchase contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, the Buyer may demand a reasonable discount on the purchase price. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer considerable difficulties to remedy the defect.
6.6.5 The Buyer is obliged to lodge a claim with the Seller (or a person appointed to repair the item) without undue delay after the discovery of the defect. Claims received shall be dealt with without undue delay, but no later than 30 days from the date of the claim, unless the Seller and the Buyer agree otherwise.
6.6.6 The date of the claim shall be the date on which the goods are delivered to the Seller’s Contact Address, to any of the Seller’s premises or to the Seller’s registered office or place of business.
6.6.7. The warranty and liability claims shall not apply to goods for which the claim is made after the expiry of the specified warranty period, as well as to wear and tear of the goods caused by their use. Warranty and liability claims do not apply to defects caused by improper use, failure to follow instructions, improper maintenance or improper storage. In the case of used goods, the Seller shall not be liable for defects corresponding to the degree of previous use or wear and tear; in the case of goods sold at a lower price, the Seller shall not be liable for the defect for which the lower price was agreed; instead of the right to replacement, the Buyer shall be entitled to a reasonable discount in cases under this sentence.
Informing the Seller by phone, e‑mail or in writing.If the web interface of the shop allows it, the Buyer can use the complaint report for notification of the complaint, which will be sent to his e‑mail address or is available for download on the web interface of the shop.Delivery of the claimed goods (other than cash on delivery, which is not accepted by the Seller) to the Seller’s contact address (or a person designated for repair), to any of the Seller’s premises or to the Seller’s registered office or place of business. When sending, the Buyer shall pack the goods in suitable packaging so as to prevent damage or destruction. The goods must be accompanied by a proof of purchase of the goods or an invoice, if issued, or other document evidencing the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint.
6.6.9 The Seller shall not be liable for injury to persons or damage to property or goods caused by improper handling or misuse of the goods or negligence.
7. Information on the processing of personal data
7.1 The Buyer confirms that the Personal Data provided is accurate and that he/she has been advised that this is a voluntary provision of Personal Data.
7.2 The Buyer acknowledges that the Seller processes his Personal Data to the extent:
name and surnamecompany nameaddress of registered officeNumber, VAT number-email addressbank account number and bank codetelephone numberIP address
(hereinafter referred to as “Customer’s Personal Data”)
7.3 The Buyer’s Personal Data must be processed for the purpose of identifying the Parties and performance under the Contract and for the purpose of recording the Contract and any future exercise and defence of the Parties’ rights and obligations.
Such processing is permitted under Article 6(1)(b) and (f) of Regulation (EU) No 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) (the “Regulation”).
The IP address will also be processed for the purpose of ensuring protection against cyber-attacks. Such processing is permitted under Article 6(1)(f) of the Regulation.
7.4 The storage and processing of the Buyer’s Personal Data for the above purpose will be carried out for the duration of the Contract and for 10 years after the termination of the Contract, unless other legal regulations require the retention of contractual documentation for a longer period.
7.5 The Customer acknowledges that it is obliged to provide its Personal Data correctly and truthfully and that it is obliged to inform the Provider without undue delay of any changes to its Personal Data.
7.6 The email address may be processed for the purpose of inclusion in a database for sending commercial communications. This procedure is allowed by § 7 paragraph 3 of Act No. 480/2004 Coll., on Information Society Services, on the basis of the concluded Contract, unless the Buyer rejects it. These communications can only concern similar services and products and can be unsubscribed at any time by a simple method — by sending a letter, e‑mail or by clicking on a link in the commercial communication. The email address will be processed by the Provider for this purpose for the duration of the provision of the Services and for a period of 3 years from the termination of the provision.
7.7 The Buyer acknowledges that under the Regulation, the Buyer has the right to:
to request from the Seller information on what personal data it processes, to request from the Seller access to this data and to have it updated or corrected, or to request a restriction of processing, to request from the Seller the deletion of this personal data, to data portability and the right to request a copy of the processed personal data, in the case of processing carried out on the basis of the legitimate interest of the Seller according to Art. 6(1)(f) of the Regulation, the right to object to processing, the right to lodge a complaint with the Office for Personal Data Protection and the right to effective judicial protection if the Buyer considers that his rights under the Regulation have been violated as a result of the processing of his personal data in violation of the Regulation.
8. Personal Data Processing Contract
8.1 By entering into the Contract, the Seller and the Buyer also enter into a contract for the processing of personal data (hereinafter referred to as the “Processing Contract”) pursuant to Article 28(3) of the Regulation, which defines the rights and obligations of the Parties in the processing of personal data carried out within the framework of the provision of the Service.
8.2 The Seller, as the processor, is entitled to process the following personal data of data subjects who register their purchase with the Seller for the Buyer, as the controller:
titlefirst name, middle name and surnameemail addressphone numberaddresssystem data (IP address and cookies)or other personal data set by the Seller
8.3 Disclosure will be made by the Personal Data being entered into the collalloc e‑commerce by the Buyer or directly by the data subjects as part of the registration to the Seller’s systems.
8.4 The Seller will process the Personal Data only for the purpose of providing the Services or selling the product as specified by the Buyer.
8.5 The Buyer is entitled to extend the purpose of the processing in accordance with the relevant legislation, whereby the instruction for further processing can only be communicated to the Seller in writing. For the purposes of the Processing Agreement, email communications between the Parties addressed to authorised persons shall also be deemed to be in writing.
8.6 The Seller undertakes to take technical, organisational and other measures to prevent unauthorised or accidental access to, alteration, destruction, loss or other unauthorised use of Personal Data. In particular, the Seller undertakes to:
(a) use secure access to the PC, where access to the PC will be known only to the Seller;
(b) use software and services for processing that meet standard data security requirements and comply with standards set by the European Union;
c) not make copies of the database of Personal Data without the prior consent of the Buyer unless it is necessary for the provision of the Services;
(d) use appropriate security measures, such as encryption or other appropriate and necessary means, always depending on the specific transaction and data;
e) not allow access to the Data to third parties other than as set out in clause 8.12 of the Terms, unless such access is authorised in writing by the Buyer or arises from the Processing Agreement;
f) maintain confidentiality with respect to the Personal Data.
8.7 The Seller shall also:
(a) process Personal Data only in the form in which it has been provided to it by the Buyer or directly by the Data Subjects;
b) process Personal Data only for the purposes set out in this Processing Agreement and only to the extent necessary to fulfil those purposes;
© not to aggregate Personal Data that has been collected for different purposes;
(d) retain Personal Data only for the period of time specified in the information obligation or consent to the processing of Personal Data in relation to a particular data subject. The Buyer shall inform the Seller of the processing period or, where applicable, instruct the Seller to cease processing within a reasonable time before the processing period expires.
8.8 Both the Seller and the Buyer undertake to comply with the obligations set out in the Regulation and other generally binding legal regulations relating to this activity when processing personal data on the basis of the Agreement and the Processing Agreement.
8.9 The Seller undertakes to correct, update, delete or move the Personal Data as instructed by the Buyer without undue delay after such a request.
8.10 In the event that the Data Subject’s request pursuant to Article 8 of the Regulation to the Seller is found to be justified, the Seller undertakes to rectify the defective condition without delay.
8.11. The Seller shall act with professional care, follow the Buyer’s instructions and act in accordance with the Buyer’s interests when performing its obligations under the Processing Agreement. If the Seller becomes aware that the Buyer is in breach of its obligations imposed by the Regulation, it shall notify the Seller immediately in accordance with Article 28(3)(h) of the Regulation.
8.12. The Buyer acknowledges and agrees that Personal Data will be disclosed to other entities, whereby they will act as sub-processors. The Seller shall provide a list of such entities to the Buyer upon request. In particular, the following categories of sub-processors:
providers of analytical softwareproviders of marketing softwareproviders of accounting and payment softwareproviders of monitoring softwareproviders of customer care softwareproviders of server softwareproviders of other software tools
8.13. The Processing Agreement shall be effective for the duration of the Contract, but shall not terminate until the Seller has fulfilled its obligations under clause 8.14 of the Terms and Conditions
8.14. In the event of any termination of the Contract, the Processing Contract or the termination of the processing of Personal Data, the Seller shall promptly, but no later than 30 days after such termination, dispose of the Personal Data, unless otherwise agreed by the Parties. The Seller must carry out the disposal in such a way as to prevent unauthorised processing of the Personal Data, in particular that:
take such organisational measures to prevent the processing of Personal Data by unauthorised persons, take such technical measures and choose a method of disposal that ensures that the disposal is complete and irreversible
8.15. The Seller undertakes to maintain the confidentiality of the Personal Data processed, in particular not to disclose, disseminate or transfer it to other persons outside the persons in the position of sub-processors according to point 8.12 of the Terms and Conditions. This obligation of the Seller shall continue after the Processing Agreement has expired.
(a) inform the Seller of the disappearance of the legal title for processing personal data or,
b) destroy the Personal Data,
if the legal title for the processing of Personal Data ceases to exist (e.g. the consent expires, the data subject expresses his/her disagreement with the processing on the basis of Section 7(3) of Act No. 480/2004 Coll., on certain information society services, etc.).
In the event of a breach of this provision, the Buyer shall be obliged to reimburse the Seller for any damage incurred as a result of the Buyer’s breach of its obligation
8.17. If the Seller breaches its obligations based on the Processing Agreement or the Regulation as a result of its culpable conduct, it shall be liable only for the damage caused entirely as a result of such culpable conduct.
8.18. The invalidity or unintelligibility of any provision of the Processing Agreement shall not affect the validity of the other provisions of the Processing Agreement or the Conditions.
8.19. The Parties undertake to provide each other with all necessary cooperation and documentation to ensure the smooth and effective implementation of the Processing Agreement, in particular in the event of negotiations with the Office for Personal Data Protection or other public authorities.
8.20. The Seller undertakes to provide the Buyer with all information necessary to prove that the obligations set out in the Processing Agreement or the Regulation regarding personal data have been fulfilled and to allow the Seller or a third party who will be bound by confidentiality to the Buyer to audit to a reasonable extent. The audit must be notified sufficiently in advance, at least 10 days before the audit takes place, and must not unduly interfere with the Seller’s business. The Buyer shall bear the costs of the audit that are not caused by a clear breach of the Seller’s obligations.
9.1 Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender’s option). The Buyer shall be delivered to the e‑mail address specified in his/her user account or in the order, or in the framework of communication between the parties.
9.2 The message is delivered:
in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate, in the case of delivery by hand or through a postal service operator by the recipient’s acceptance of the parcel, in the case of delivery by hand or through a postal service operator also by refusal to accept the parcel, if the addressee (or, where applicable, the person authorised to receive the consignment on his/her behalf) refuses to accept the consignment, in the case of delivery through a postal service operator, upon expiry of a period of ten days from the deposit of the consignment and the giving of a request to the addressee to accept the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.
10. Final provisions
10.1 If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding laws of other states which provide the consumer with a higher level of protection.
10.2 In matters not covered by the Purchase Agreement (including the order and its acceptance) and the Terms and Conditions (or, where applicable, communications between the parties), the legal relationship shall be governed by the terms and conditions set out in the web interface of the Shop. Information on the individual technical steps leading to the conclusion of the Purchase Agreement is available in the web interface of the Shop.
10.3 The Seller shall not be liable for errors resulting from third party interference with the web interface of the shop or from its use contrary to its intended use. When using the web interface of the Shop, the User and the Buyer shall not use mechanisms, software, scripts or other procedures that could have a negative impact on its operation, i.e. in particular, disrupt the system’s function or unduly burden the system, shall not perform any activity that could enable them or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the Shop, and shall not use the web interface of the Shop or its parts or software in a manner that would be contrary to its purpose or intent. Errors made in data entry prior to placing an order or during the placing and processing of an order will be identified and corrected by email or telephone communication.
10.4 The Seller is authorised to sell goods under a trade licence and the Seller’s activities are not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority (http://www.coi.cz/) also controls compliance with consumer protection regulations and consumer protection rights are defended by consumer interest associations and other consumer protection bodies. The Czech Trade Inspection Authority (http://www.coi.cz/) controls compliance with legislation on technical requirements for goods and the safety of goods, while the State Agricultural and Food Inspection Authority (http://www.szpi.gov.cz) controls the health, quality and proper labelling of foodstuffs. Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz/). Out-of-court handling of consumer complaints is provided by the Seller through its above-mentioned email address, or the Buyer may contact interest associations and other entities operating within the framework of consumer rights protection. The Seller is not bound by any codes of conduct in relation to the Buyer, 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 website, all materials thereon (text, photographs, images, logos, etc.) and in related printed media (promotional flyers, advertisements, etc.), including the software of the web interface of the Shop and these Terms and Conditions, is protected by the Seller’s copyright and may be protected by other rights of others. The Content may not be altered, copied, reproduced, distributed or used by the Buyer or User for any purpose by any third party without the written consent of the Seller. In particular, it is forbidden to make available for remuneration or free of charge photographs and texts placed on the web interface of the shop. In the event of non-compliance with this prohibition, the Seller shall proceed in accordance with Act No. 121/2000 Coll., Copyright Act, as amended. The names and designations of products, goods, services, companies and companies may be registered trademarks of their respective owners.
10.6 If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable (including for reasons of 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 or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
10.7 The Purchase Contract including the Terms and Conditions shall be stored and archived by the Seller in electronic form and shall not be accessible to third parties (the provisions of these Terms and Conditions and the Act regarding the provision of the Purchase Contract and the Terms and Conditions to the Buyer shall not be affected in any way). The Seller shall provide the Purchase Contract, including the Commercial Terms and Conditions, to the Buyer upon request in text form (in electronic form by email)
10.8 The Buyer assumes the risk of change of circumstances (within the meaning of Section 1765(2) of the Civil Code).
10.10. The Seller may change or amend the wording of the Terms and Conditions. The rights and obligations of the parties shall always be governed by the wording of the Terms and Conditions under which they arose.
10.11. In the event of a query regarding the Terms and Conditions and the Purchase Agreement, the Seller shall promptly provide the Buyer with all necessary information.
These terms and conditions are valid and effective as of 25 May 2018.