Business Terms and Conditions
First Class Publishing a.s.,
a company with its registered office at Washingtonova 1624/5, 110 00 Prague 1, identification number: 247 13 252,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File No. 16356, for the sale of goods through an online shop located at the Internet address www.improovio.com.
- Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of First Class Publishing a.s., a company with its registered office at Washingtonova 1624/5, 110 00 Prague 1, identification number: 247 13 252, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File No. 16356 (hereinafter referred to as the “Seller”), shall govern, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Parties to the Agreement arising in connection with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) entered into by the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller at the website located at the Internet address www.improovio.com (hereinafter referred to as the “Website”) through a website interface (hereinafter referred to as the “Shop’s Web Interface”).
1.2. The Business Terms and Conditions shall not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person acting within his/her business activity or within his/her self-employment when ordering goods.
1.3. Any provisions diverging from the Business Terms and Conditions may be agreed upon in the Purchase Agreement. The divergent arrangements in the Purchase Agreement shall prevail over the provisions of the Business Terms and Conditions.
1.4. The provisions of the Business Terms and Conditions shall be an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions have been drawn up in the Czech language. The Purchase Agreement may be entered into in the Czech language.
1.5. The wording of the Business Terms and Conditions may be changed and amended by the Seller. This provision shall not affect the rights and obligations arising during the effective period of the previous wording of the Business Terms and Conditions.
- User account
2.1. Based on the Buyer’s registration made on the Website, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). The Buyer may also order goods without registration directly from the Shop’s Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer shall be obliged to enter correct and true information. The Buyer shall be obliged to update the information entered in the User Account upon any change in the information. The information entered by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller.
2.3. Access to the User Account shall be secured by a user name and a password. The Buyer shall be obliged to maintain confidentiality regarding the information necessary to access his/her User Account.
2.4. The Buyer shall not be entitled to allow any third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used his/her User Account for more than twenty-four (24) months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Business Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to the necessary maintenance of hardware and software equipment or, as the case may be, the necessary maintenance of third party hardware and software equipment.
- Entering into the Purchase Agreement
3.1. Any presentation of goods placed on the Shop’s Web Interface shall be informative, and the Seller shall not be obliged to enter into a Purchase Agreement regarding such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The Shop’s Web Interface shall contain information about goods, including the prices of individual goods. The prices of goods shall be inclusive of VAT and all related charges. The prices of goods shall remain valid as long as they are displayed on the Shop’s Web Interface. This provision shall not limit the Seller’s possibility to enter into the Purchase Agreement under individually agreed conditions.
3.3. The Shop’s Web Interface shall also contain information about the costs for packaging and delivery of goods. The information about the costs for packaging and delivery of goods provided on the Shop’s Web Interface shall only apply in cases where goods are delivered within the Czech Republic.
3.4. To order goods, the Buyer shall complete an order form on the Shop’s Web Interface. The order form shall contain in particular information about:
3.4.1. the goods being ordered (the Buyer shall “add” the goods being ordered into the electronic shopping basket on the Shop’s Web Interface)
3.4.2. the method of payment of the purchase price, information about the desired method of delivery of the goods being ordered, and
3.4.3. information about the costs associated with delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5 Before sending the Order to the Seller, the Buyer shall be entitled to check and modify the information filled in the Order by the Buyer, which also enables the Buyer to find and correct any errors made when entering information in the Order. The Buyer shall send the Order to the Seller by clicking on the “Submit Order” button. The information entered in the Order shall be deemed correct by the Seller.
3.6. Order submission shall be deemed to constitute the Buyer’s act that unequivocally identifies the goods being ordered, purchase price, person of the Buyer and method of payment of the purchase price, and shall constitute a mutually binding proposed Purchase Agreement for the Parties to the Agreement. The validity of the order shall be subject to completion of all mandatory information in the order form, to familiarization with these Business Terms and Conditions on the Website, and to the Buyer’s confirmation that he/she has familiarized himself/herself with these Business Terms and Conditions.
3.7. Immediately upon receipt of an Order, the Seller shall confirm such receipt by sending an email to the Buyer, namely to the Buyer’s email address specified in the user interface or in the Order (hereinafter referred to as the “Buyer’s Electronic Address”).
3.8. Depending on the nature of the Order (quantity of goods, purchase price amount, estimated shipping costs), the Seller shall always be entitled to request that the Buyer additionally confirm the Order (e.g. in writing or by telephone).
3.9. The proposed Purchase Agreement in the form of the Order shall be valid for fifteen (15) days.
3.10. The contractual relationship between the Seller and the Buyer shall be established upon delivery of the Order receipt (upon acceptance), which is sent to the Buyer by email, namely to the Buyer’s email address.
3.11. In the event that any of the requirements specified in the Order cannot be met by the Seller, the Seller shall send to the Buyer, namely to the Buyer’s email address, an amended offer stating the possible variants of the Order and shall request the Buyer’s opinion.
3.12. The amended offer shall be deemed a new proposed Purchase Agreement, and in such a case the Purchase Agreement shall not be entered into until the Buyer’s acceptance via email.
3.13. The Buyer agrees to the use of means of distance communication in entering into a Purchase Agreement. Any costs incurred by the Buyer when using means of distance communication in connection with entering into a Purchase Agreement (costs of Internet access, telephone costs) shall be paid by the Buyer himself/herself, and these costs shall not differ from the standard rate.
3.14. When confirming the Order, the Buyer shall expressly confirm his/her consent to sending a receipt under Act No. 112/2016 Coll. to the Buyer’s email specified in the Order.
- Price of goods and payment terms
4.1. The price of goods and any costs for the delivery of goods under the Purchase Agreement may be paid by the Buyer to the Seller as follows:
4.1.1. in cash at the Seller’s establishment at the relevant address;
4.1.2. in cash using cash on delivery at the place specified by the Buyer in the Order;
4.1.3. by bank transfer to the Seller’s account No. 2100668154/2010, kept by Fio banka, a.s. (hereinafter referred to as the “Seller Account”);
4.1.4. by cashless payment using a payment system;
4.1.5. by cashless payment using a payment card.
4.2. Together with the purchase price, the Buyer shall be obliged to pay the costs for packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price shall also mean the costs for delivery of goods.
4.3. The Seller shall not require the Buyer to pay any deposit or any other similar payment. This shall be without prejudice to the provisions of Art. 4.6. of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of payment in cash or cash on delivery payment, the purchase price shall be payable upon acceptance of the goods. In the case of cashless payment, the purchase price shall be payable within fifteen (15) days from the date on which the Purchase Agreement was entered into.
4.5. In the case of cashless payment, the Buyer shall be obliged to pay the purchase price of the goods, entering the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price shall be met at the moment when the appropriate amount is credited to the Seller’s account.
4.6. The Seller shall be entitled, in particular in the event that the Buyer fails to provide additional confirmation of the Order (Art. 3.6.), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. No discounts on the price of goods provided by the Seller to the Buyer may be combined.
4.8. If customary in trade relations or if stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) for the Buyer regarding payments made under the Purchase Agreement. The Seller is a value added tax payer. The Seller shall send the tax document (invoice) to the Buyer together with the consignment.
4.9. After ordering the relevant product or service, the customers shall receive a Request for Payment or instructions for establishing direct debit. In the case of a bank transfer, the payment must be subsequently made within the prescribed period, entering the appropriate variable symbol. In the case of payments using direct debit, a direct debit order shall be sent to the bank two days after the Order was made, unless agreed otherwise. Payments may be made by bank transfer, payment card with enabled payments through the Internet (or, as the case may be, recurring payments – Art. 4.12), GoPay and direct debit from the current bank account. Receipt of payment shall be subsequently confirmed for the customer in electronic form as a tax document. Provision of the products and services ordered shall be commenced after the payment is credited to the account of First Class Publishing a.s.
4.10. The Buyer agrees to receive information related to the Seller’s goods, services or company at the Buyer’s Electronic Address provided upon registration (hereinafter referred to as the “Electronic Address”), and agrees to receive commercial messages by the Seller to the Buyer’s Electronic Address.
4.11. A subscription shall be paid in accordance with the selected option at www.improovio.com. A tax document shall only be issued on request.
4.12. Recurring payments
This means an automatic deduction of monthly/yearly payments for a service. Payment shall be fixed and shall always be deducted automatically through the GOPAY s.r.o. secure payment gateway at the date when the first Order, and thus also the first payment, were made (e.g. the Order and payment are made on 1 August 2016, and the next payment will be deducted on 1 September 2016).
The fact that a payment was entered as a recurring payment shall be communicated to the user, namely to the email used to register for his/her account. The user can also see the Order status in the list of orders in his/her account, where the recurring payment can be cancelled.
The Buyer shall always be contacted in relation to any changes at least seven (7) days in advance, namely at the email entered upon registration. This includes any changes that were part of the original agreement, e.g. change to the amount, change to the date of recurring payment, information about the start of payments (e.g. after using a free period), etc. Notification shall be made at least seven (7) working days in advance if more than six (6) months have passed since the last recurring payment.
4.12.2. Payment options
- Online by payment card: VISA, VISA Electron, MasterCard, Maestro.
4.12.3. Form of payment
- A one-time payment means that payment is made immediately after the order form is submitted.
- Recurring payment means that the first payment is made immediately after the order form is submitted, and the next payment is always made in the following month on the same day as the first payment (see Art. 4.2.).
- Termination of the Purchase Agreement
5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, a Purchase Agreement may not be terminated in certain cases, including but not limited to:
5.1.1. a purchase agreement on the supply of goods that have been modified according to the wishes of the Buyer or for the person of the Buyer,
5.1.2. a purchase agreement on the supply of newspapers, periodicals or magazines,
5.1.3. a purchase agreement on the supply of digital content if it was not supplied on a tangible medium and if it was supplied with the Buyer’s prior express consent before expiry of the period for termination of the agreement, and if the Seller informed the Buyer before entering into the agreement that the Buyer does not have the right to terminate the agreement in such a case.
5.2. If it is not any of the cases under Art. 5.1. or any other case where the Purchase Agreement may not be terminated, the Buyer has the right, in accordance with the provisions of Section 1829 (1) of the Civil Code, to terminate the Purchase Agreement within fourteen (14) days from acceptance of the goods, and if the subject of the Purchase Agreement is the sale of several types of goods or supply of several parts, this period of time shall commence from the date of acceptance of the last delivery of goods. Termination of the Purchase Agreement must be sent to the Seller within the period of time specified in the previous sentence.
5.3. Termination of the Purchase Agreement may be sent by the Buyer to the address of the Seller’s establishment or registered office. Delivery of termination of the Agreement shall be governed by the provisions of Art. 11. hereof.
5.4. In the event of termination of the Purchase Agreement under Art. 5.2. hereof, the Purchase Agreement shall be rescinded from its commencement. The goods must be returned to the Seller within fourteen (14) days from termination of the Agreement by the Seller. If the Agreement is terminated by the Buyer, the Buyer shall bear the cost of returning the goods to the Seller, even in the case where such goods cannot be returned using a usual postal route due to the nature of the goods.
5.5. If the Agreement is terminated pursuant to Art. 5.2. hereof, the Seller shall return the money received from the Buyer within fourteen (14) days from termination of the Purchase Agreement by the Buyer, using the same method by which the Seller received the money from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or otherwise if the Buyer agrees and if the Buyer does not incur any additional costs. If the Buyer terminates the Purchase Agreement, the Seller shall not be obliged to return the money received to the Buyer before the Buyer returns the goods to the Seller or demonstrates that he/she has sent the goods to the Seller.
5.6. The Seller shall be entitled to unilaterally set off the claim for compensation for any damage caused to goods against the Buyer’s claim for a refund of the purchase price.
5.7. Until the Buyer has accepted the goods, the Seller may terminate the Purchase Agreement at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay by bank transfer to the account determined by the Buyer.
5.8. If the Buyer is provided with goods together with a gift, the gift agreement between the Buyer and the Seller shall be entered into with a resolutive condition stipulating that if the Purchase Agreement is terminated by the Buyer, the gift agreement regarding such a gift shall lose effect and the Buyer shall be obliged to return the gift provided along with the goods to the Seller.
- Transport and delivery of goods
6.1. In the event that a mode of transport is agreed based on the Buyer’s special requirement, the Buyer shall bear the risk and any additional costs associated with such a mode of transport.
6.2. If, under the Purchase Agreement, the Seller is obliged to deliver goods to the place determined by the Buyer in the Order, the Buyer shall be obliged to accept the goods on delivery.
6.3. In the event that, for reasons on the Buyer’s part, the goods must be delivered repeatedly or otherwise than specified in the Order, the Buyer shall be obliged to pay the costs for such repeated delivery of goods or, as the case may be, the costs for any other delivery method.
6.4. Upon acceptance of goods from the carrier, the Buyer shall be obliged to check that the packaging of the goods is intact and, in the event of any defects, to immediately inform the carrier of such fact. If damage to the packaging is found indicative of unauthorized opening of the consignment, the Buyer shall not be obliged to accept the consignment from the carrier.
- Rights arising from defective performance
7.1. The rights and obligations of the Parties to the Agreement regarding the rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular by the provisions of Sections 1914–1925, Sections 2099–2117 and Sections 2161–2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer for the fact that goods are free of defects upon acceptance. In particular, the Seller shall be liable to the Buyer for the fact that at the moment when the Buyer accepted the goods:
7.2.1. the goods have the characteristics agreed by the Parties, and if such an arrangement is missing, that the goods have the characteristics described by the Seller or manufacturer or expected by the Buyer with regard to the nature of such goods and based on advertising carried out by the aforementioned,
7.2.2. the goods are fit for the purpose specified for their use by the Seller or for which goods of the same type are normally used,
7.2.3. the quality or design of the goods corresponds to the agreed sample or model if the quality or design was determined based on an agreed sample or model,
7.2.4. the goods are in the appropriate quantity, size or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stipulated in Art. 7.2. hereof shall not apply to any defect of goods sold at a lower price for which the lower price was agreed, to wear and tear of goods caused by common use thereof, to any defect of used goods corresponding to the extent of use or wear and tear that such goods had when accepted by the Buyer, or if implied by the nature of goods.
7.4. If a defect manifests itself within six (6) months from acceptance, it shall be deemed that the goods were already defective upon acceptance.
7.5. The Buyer shall exercise its rights arising from defective performance in relation to the Seller at the address of the Seller’s establishment at which it is possible to accept such a complaint with regard to the assortment of goods sold, possibly also at the registered office or place of business. The moment a complaint is lodged shall be deemed the moment when the Seller received the goods complained about from the Buyer.
7.6. The Parties’ other rights and obligations relating to the Seller’s liability for defects may be regulated by the Seller’s complaints policy.
- Other rights and obligations of the Parties to the Agreement
8.1. The Buyer shall acquire ownership of goods upon payment of the entire purchase price of such goods.
8.2. In relation to the Buyer, the Seller shall not be bound by any codes of conduct within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.
8.3. Out-of-court settlement of consumer complaints shall be provided by the Seller via the Electronic Address. Information on settlement of the Buyer’s complaint shall be sent by the Seller to the Buyer’s Electronic Address.
8.4. The Seller shall be entitled to sell goods based on a trade licence. Trade inspection shall be carried out by the relevant Trade Licensing Office within its authority. Supervision of personal data protection shall be exercised by the Office for Personal Data Protection. In a limited scope, the Czech Trade Inspection Authority shall perform, inter alia, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The Buyer hereby assumes the risk of a change to circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.6. The competent authority for out-of-court settlement of consumer disputes arising from the Purchase Agreement shall be the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz.
- Personal data protection
9.1. Personal data protection covering the Buyer, i.e. a natural person, shall be provided under Act No. 101/2000 Coll., on personal data protection, as amended.
9.2. The Buyer agrees to the processing of the following of his/her personal data: name and surname, home address, identification number, tax identification number, email address and telephone number (hereinafter collectively referred to as the “Personal Data”).
9.3. The Buyer agrees to the processing of the Personal Data by the Seller for the purpose of exercising the rights and obligations arising from the Purchase Agreement and for the purpose of keeping the User Account. Unless the Buyer selects another option, he/she consents to the processing of the Personal Data by the Seller also for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of the Personal Data in its entirety under this Article shall not constitute a condition that would in itself rule out the possibility to enter into a Purchase Agreement.
9.4. The Buyer acknowledges that he/she is obliged to enter his/her Personal Data (upon registration, in his/her User Account, in Orders made from the Shop’s Web Interface) correctly and truthfully and that he/she is, without undue delay, obliged to inform the Seller of any change in his/her Personal Data.
9.5. Processing of the Buyer’s Personal Data may be entrusted by the Seller to any third party acting as a processor. Except for persons transporting goods, the Personal Data shall not be provided by the Seller to any third parties without the Buyer’s prior consent.
9.6. The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed in electronic form automatically or in printed form non-automatically.
9.7. The Buyer confirms that the Personal Data provided is accurate and that he/she has been advised that the Personal Data is provided voluntarily.
9.8. If the Buyer believes that the Seller or processor (Art. 9.5.) performs such processing of his/her Personal Data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, especially if the Personal Data is inaccurate with regard to the purpose of processing thereof, he/she may:
9.8.1. request that the Seller or processor provide an explanation,
9.8.2. require that the Seller or processor remedy the situation.
9.9. If the Buyer requests information about the processing of his/her Personal Data, the Seller shall be obliged to provide the Buyer with such information. The Seller has the right to demand reasonable compensation, not exceeding the costs necessary to provide information, for providing information pursuant to the preceding sentence.
- Sending commercial messages and storing cookies
10.1. The Buyer agrees to receive information related to the Seller’s goods, services or company at the Buyer’s Electronic Address, and agrees to receive commercial messages by the Seller to the Buyer’s Electronic Address.
10.2. The Buyer agrees to cookies being stored on his/her computer. If it is possible to make a purchase on the Website and to meet the Seller’s obligations arising from the Purchase Agreement without storing cookies on the Buyer’s computer, the Buyer may revoke the consent under the preceding sentence at any time.
11.1. Any notices concerning the relations of the Seller and the Buyer, especially regarding termination of the Purchase Agreement, must be delivered by post by recorded delivery, unless stipulated otherwise in the Purchase Agreement. Any notices shall be delivered to the appropriate contact address of the other Party and shall be deemed received and effective upon their delivery by post, except for notices of termination of the Agreement made by the Buyer where the termination becomes effective if the notice is sent by the Buyer within the period of time for termination.
11.2. Any notice the acceptance of which was rejected by the addressee which was not collected within the deposit period or which was returned as undeliverable shall also be deemed delivered.
11.3. The Parties to the Agreement may mutually deliver regular correspondence by electronic mail to the electronic mail address specified in the Buyer’s User Account or specified by the Buyer in the Order or, as the case may be, to the address specified on the Seller’s Website.
- Final provisions
12.1. If the relationship established by the Purchase Agreement includes an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This shall not affect the consumer rights arising from generally binding legal regulations.
12.2. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, such an invalid provision shall be substituted by a provision whose meaning comes closest to the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the remaining provisions. Any changes and amendments to the Purchase Agreement or to the Business Terms and Conditions shall require written form.
12.3. The Purchase Agreement, including the Business Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
12.4. Seller’s contact details:
- email: firstname.lastname@example.org