Terms and Conditions
These Terms and Conditions apply to purchases in online stores operated by MORAVIA Consulting spol. s r.o. from August 1, 2016.
The Terms and Conditions further define and specify the rights and obligations of the Seller being MORAVIA Consulting spol. s r.o., Olomoucká 83, Brno 627 00, Czech Republic, company ID: 49967550, registered in the Commercial Register maintained by the Regional Court in Brno – file number 13303 C and the Buyer (customer, consumer).
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the consumer is a contracting party, the relations not governed by the Terms and Conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not a consumer, the relations not governed by the Terms and Conditions are governed by the Civil Code (No. 89/2012 Coll.).
The Seller is the business company MORAVIA Consulting spol. s r.o., Olomoucká 83, Brno 627 00, Czech Republic, company ID: 49967550, registered in the Commercial Register maintained by the Regional Court in Brno – file number 13303 C is a person who acts in the course of his business or other entrepreneur activity when concluding and exercising contracts. It is an entrepreneur who delivers products or services to the Buyer directly or through other entrepreneurs.
The customer of our internet store is the Buyer. Due to the current valid legislation, a Buyer who is a consumer and a Buyer who is not a consumer is distinguished.
A buying consumer or simply a consumer is any person who, outside the scope of his / her business or outside the scope of the independent exercise of his / her profession, concludes a contract with or deals with the entrepreneur.
A Buyer who is not a consumer is an entrepreneur. Any person who concludes contracts related to his / her own business, production or similar activity or in the independent exercise of his / her profession or, as the case may be, a person acting in the name or on behalf of an entrepreneur is considered an entrepreneur.
If the Buyer is a consumer, the proposal for the conclusion of the Purchase Agreement (offer) is the placement of the offered Goods by the supplier to the websites, the Purchase Agreement is created by sending the order by the Buyer-Consumer and by the acceptance of the order by the supplier. This receipt will be immediately confirmed by the supplier to the Buyer by means of an informative e-mail to the e-mail that has been entered, but this confirmation does not affect the creation of the contract. The resulting contract (including the agreed price) may be altered or cancelled only by agreement of the contracting parties or for legal reasons.
Before sending the order to the Seller, the Buyer is allowed to check and modify the data that the Buyer has placed in the order, also with regard to the Buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the Buyer to the Seller by clicking the ”Submit order” button.
If the Buyer is not a consumer, the proposal for the conclusion of the Purchase Agreement is the order sent by the Buyer and the Purchase Agreement itself is concluded at the moment of delivery of the binding consent of the Seller to the Buyer with this proposal.
The deadline for settling warranty claims is suspended if the Seller has not received all the documents needed to handle the warranty claim (part of the Goods, other documents, etc.). The Seller is required to request the addition of the materials from the Buyer in the shortest possible time. The time period is suspended from this date until the Buyer has provided the requested documents.
The Seller reserves the right to cancel the order or its part before the Purchase Agreement is concluded, based on an agreement with the Buyer, in the following cases: the Goods are no longer being produced or delivered or the price of the Goods from the supplier has changed significantly. In the event that the Buyer has already paid part or the whole of the purchase price, this amount will be transferred to his account or address and the conclusion of the Purchase Agreement will not be done.
No consumer rights can be applied to gifts that are provided entirely free of charge. Such Goods meet the terms of the Gift Agreement and all standards according to the valid legislation of the Czech Republic.
OBLIGATIONS FROM NON-PERFORMANCE
The rights and obligations of the contracting parties regarding obligations from non-performance are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).
The Seller is not liable to the consumer that the item has no defects upon receipt. In particular, the Seller is liable to the consumer that, at the time the consumer receives the item,
- the item has properties negotiated by the contracting parties and, in the absence of an arrangement, such features as the Seller or manufacturer has described or which the Buyer expects with regard to the nature of the Goods and the advertising they make,
- the item is suitable for the purpose, which the Seller indicates or to which the item of its kind is usually used,
- the item corresponds to the quality or design of the agreed sample or original if the quality or design was determined according to the agreed sample or original,
- the item is in the appropriate quantity, degree, or weight,
- the item complies with legal requirements.
If the item does not have the above characteristics, the consumer may also require the supply of a new item without defects, if this is not disproportionate to the nature of the defect, but if the defect relates only to parts of the item, the consumer may only require the replacement of parts; if this is not possible, he can withdraw from the contract. However, if this is disproportionate to the nature of the defect, in particular, if the defect can be removed without undue delay, the consumer shall be entitled to a free removal of the defect. The consumer is entitled to a new item, or to a replacement, even if a defect can be removed, if the item cannot be properly used due to repeated defects after repair or due to a greater number of defects. In such a case, the consumer has the right to withdraw from the contract.
If the consumer does not withdraw from the contract nor does he exercise the right to have to have new Goods without defects delivered, to have its parts replaced or repaired, he may request a reasonable discount. The consumer has the right to a reasonable discount even if the Seller cannot deliver a new Goods without defects, replace its part or repair the Goods, as well as in the case that the Seller fail to perform a remedy within a reasonable time or if the remedy would create significant difficulties for the consumer.
Obligations from non-performance do not belong to the Buyer if the Buyer knew before the receipt of the item that the item was defective or if the Buyer caused the defect himself.
The consumer is entitled to claim the obligation from non-performance that occurs with consumer goods within twenty-four months of the receipt. If a defect occurs within six months of the receipt, the item is deemed to have been defective at the time of its receipt.
CONSUMER’s right to withdraw from the contract
If the Purchase Agreement is concluded by means of remote communication (at the online store), the consumer has the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the contract without stating a reason within 14 days of receipt of the Goods (if the subject of the Purchase Agreement is a multiplicity of types of Goods or the delivery of several parts, this period starts on the date of the delivery of the last Goods). The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence.
If the consumer wishes to withdraw from the contract in accordance with the previous paragraph within 14 days, he / she shall contact the Seller and preferably indicate in writing that he / she will withdraw from the contract, ideally with the order number, purchase date, and bank account number for the reimbursement. Note: Money can also be returned in cash at the company's registered office or at one of its business premises.
If the Buyer withdraws from the contract under the preceding paragraphs, the Seller shall return the financial means received from the Buyer (excluding the amount representing the additional costs of delivering the Goods incurred according to the Buyer’s selected delivery method of the Goods, which is different from the least expensive standard delivery method of the Goods offered by the Seller) within 14 days after the Buyer withdraws from the Purchase Agreement, in the same manner as the Seller has accepted these means from the Buyer unless the Buyer specifies otherwise. The Seller is also entitled to return the purchases provided by the Buyer upon the return of the Goods by the Buyer or otherwise, provided that the Buyer agrees and no additional costs should incur for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received financial means to the Buyer before the Buyer returns the Goods or proves that the Goods have been dispatched to the Seller.
However, the provisions of the law of withdrawal within the 14-day period cannot be understood as the possibility of free-of-charge lending. In the event that the consumer uses the right to withdraw from the contract within 14 days of receipt, the consumer must, within 14 days of withdrawal, deliver everything he has obtained under the Purchase Agreement to the Seller. If this is no longer possible (e.g. in the meantime, the Goods have been destroyed or consumed), the consumer must provide a financial refund in return for what cannot be returned. If the returned Goods are only partially damaged, the Seller may claim the right for damages on the consumer and add his claim to the returned purchase price. In such a case, the Seller is obliged to prove the damage. In this case, the Seller returns only the reduced purchase price to the consumer.
The Seller may add the actual costs associated with the return of the Goods to the purchase price that is to be returned to the Buyer.
The right of withdrawal from a contract in accordance with the provisions of Section 1837 of the Civil Code does not mean, in the case of contracts:
- the provision of services if they have been fulfilled with his prior explicit consent before the expiry of the withdrawal period and the entrepreneur has communicated to the consumer, before concluding the contract, that in such a case he has no right of withdrawal,
- the supply of goods or services, the price of which depends on financial market disparities, irrespective of the will of the entrepreneur, and which may occur during the withdrawal period,
- the supply of goods, which has been adjusted according to the wishes of the consumer or for his person,
- the repair or maintenance carried out at a place designated by the consumer upon his request; this does not apply in the case of subsequent repairs other than the requested repairs or the delivery of spare parts other than those requested,
- on the supply of goods in sealed packaging, which the consumer has removed from the packaging and for hygienic reasons these cannot be returned
The Seller reserves the right to cancel an order of Goods labelled ”Currently not available” if the Goods can no longer be dispatched or replaced by another model or if the price has changed significantly and the customer does not accept this before the Purchase Agreement is actually concluded. The Seller informs the customer about this situation. If a part or whole order has been paid, the money will be returned back to the customer's account.
INFORMATION ON THE PROCESSING AND PERSONAL DATA PROTECTION
A. LEGAL FRAMEWORK OF THE PROCESSING
Personal information of customers and other persons (further referred to as the "data subject"), whose personal data are processed by MORAVIA Consulting spol. s r.o., are processed in accordance with the applicable legislation. In particular with the Consultingan Parliament and Council Regulation (EU) no. 2016/679, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and on the cancellation of the Directive 95/46/EC (the General Regulation on the protection of personal data).
B. PERSONAL DATA ADMINISTRATOR
The personal data administrator is Moravia Consulting spol. s.r.o., company ID 49967550, Brno - Olomoucká 83, ZIP code 627 00 (also referred to as the “Administrator”).
C. ACCURACY OF PERSONAL DATA
The data subject is obliged to share correct and true personal information (e.g. during registration, in their user account, when ordering from the e-shop interface) and, without undue delay, inform the administrator about changes in their personal data.
D. PURPOSES AND LEGAL BASIS OF THE PERSONAL DATA PROCESSING
- Name, surname (including an appendix with closer description of a person or a commercial establishment of an entrepreneurial natural person), title (if given by the customer), address of residence or registered office, shipping address, company ID, VAT, e-mail address of the data subject and details of the purchases are processed for the purpose of contract performance (e.g. identification of customer, order confirmation, information about order status and delivery, issuing of a tax document); the legal basis for the data processing for this purpose is necessary for the fulfilment of the contract to which the data subject is a party, or for the implementation of the measures approved before the conclusion of the contract at the request of the data subject.
The above mentioned personal data are upon fulfillment of the contract further processed, if this is necessary to fulfill a legal obligation which applies to MORAVIA Consulting spol. s r.o.
- The phone number may be processed to provide information about the status of an order and the time of delivery of the order; the legal basis of the data processing for this purpose is the consent given by the data subject.
- Personal data referred to in a) and b) and the history data of customer-made orders, purchases and applied complaints may be processed for the purposes of the management of the Internet user account of the client; the legal basis of the data processing for this purpose is the consent given by the customer.
- Personal information of customers mentioned in a) and b) can be processed for direct marketing purposes i.e. for, sending commercial communications related to the goods and services of MORAVIA Consulting spol. s r.o. The legal basis for the processing of such data is in this case the legitimate interest of MORAVIA Consulting spol. s r.o. If you participate in a competition organized by MORAVIA Consulting spol. s r.o., the data entered may be based on your consent further processed for direct marketing purposes.
- The ID or passport number of the data subject may be required and processed by MORAVIA Consulting spol. s r.o. for the purpose of person identification when returning monetary or non-monetary performance due to the termination of contractual relation (e.g. cancellation of the sales contract due to a withdrawal), when accepting the prize in a competition held by MORAVIA Consulting spol. s r.o., or when picking up the goods paid via bank transfer or through a loan, and the related protection of the parties before the release of the performance to an unauthorised person. ln this case, the egal basis for the processing of such data is the legitimate interest of the administrator.
- Identification data of the data subject in the form of a camera record obtained in sales and warehouse areas of MORAVIA Consulting spol. s r.o. may be processed by MORAVIA Consulting spol. s r.o. in order to protect its assets, life and health of persons. In justified cases, the data may be provided to law enforcement authorities or other interested parties in order to fulfil the purpose of processing (e.g. insurance company). The legal basis for the processing of such data is in this case the legitimate interest of MORAVIA Consulting spol. s r.o.
- In case you use our website shop.moravia.education (hereinafter referred to as "the website"), MORAVIA Consulting spol. s r.o. receives and records information from your browser which may include personal information. A variety of techniques (e.g. cookies) is used for collecting information. The information may include your IP address, a unique identifier that uses "cookies", information about cookies and whether your device has the software needed to access certain elements, a unique identifier of the device and device type, domain, browser type and language, the type of operating system and its settings, state and time zone, previously visited website, information about your steps on our website, such as clicks, purchases and marked preferences, time of access and reference URLs.
- Functional: These cookies are required for basic site functionality and are therefore always turned on. They allow us to remember you while browsing our website during a single visit or, if you wish, at each visit. They help create shopping cart content and go through the payment process, as well as help in securing and complying with legal requirements.
- Improving the functioning (performance): These cookies allow us to improve the functionality of our websites by tracking its use. In some cases, these cookies improve the speed of response to your requests and allow us to remember your selection for a given page. Refusing these cookies may result in suggesting inaccurate recommendations and slowing down the website operations.
- Social media and advertising: Social media cookies allow you to link with social networks and share content from our websites. Advertising cookies (third party cookies) collect information to tailor advertising to your interests on our websites and beyond them. In some cases, processing of your personal data is part of these cookies. Refusing cookies may result in displaying irrelevant advertising or the inability to connect to and share the content on your Facebook and Instagram accounts or other social networks.
The legal basis of the above mentioned data processing for given purposes is the consent given by the data subject, or the legitimate interest of the administrator for the purposes of basic analyses of the website traffic.
The provision of the personal data referred to in Article D a), b) and g) is a contractual requirement of MORAVIA Consulting spol. s r.o. Name, surname, place of residence and e-mail address of the buyer who is a non-natural person and name, surname (including an additional appendix closely characterizing a person or business enterprise of a natural person), registered office, ID, VAT (if applicable) and e-mail address of a buyer who is a natural person doing business is at the same time the data that is necessary to enter into the contract; failure to provide such data may lead to the impossibility of concluding a contract.
F. STORING TIME OF PERSONAL DATA
Personal data will be stored at MORAVIA Consulting spol. s r.o. for the time required by the applicable law. If the period is not fixed, the data will be stored for the time necessary for legal processing, determination of exercise, or defense of legal claims.
G. CATEGORIES OF PERSONAL DATA RECIPIENTS:
MORAVIA Consulting spol. s r.o. is allowed to assign a third party as a processor of personal data.
- Delivery services
For the purpose of delivery of ordered goods, the administrator is hereby authorized to provide name, surname (including an appendix describing closer the person or commercial establishment of entrepreneurial natural persons), title (if given by the customer), delivery address and telephone number of the customer to the subject providing the delivery of the ordered goods.
- Providers of accounting, tax and legal services
The administrator is hereby authorized to provided personal information also to the persons providing accounting, tax and legal services in order to fulfil their statutory obligations, and in cases where it is necessary for the establishment, execution or protection of legal claims, whether in court, non-judicial or administrative proceedings.
- The bodies assessing legitimacy of complaints
The administrator is entitled to provide the tax documents of the purchased goods containing the required legal requirements, e-mail address and customer´s telephone number to the entity providing the administrator with an assessment of the eligibility of the claim.
- Entities providing services by means of direct marketing
The administrator is hereby authorized to provide an e-mail address and telephone number for the purposes of sending commercial messages to the entities that perform this activity for the administrator as processors.
H. RIGHT TO ACCESS PERSONAL DATA
The data subject has the right to obtain from the administrator a confirmation that the personal data concerning him / her are processed or not and, if so, has the right to access the personal data.
CH. RIGHT TO PERSONAL DATA RECTIFICATION
The data subject has the right to have the inaccurate personal data relating to him corrected by the administrator without undue delay. Taking into account the purpose of the processing, the data subject has the right to supplement incomplete personal data, including the provision of an additional statement.
I. RIGHT TO ERASURE OF PERSONAL DATA
The data subject has the right to ask the administrator to erase the personal data of the subject without undue delay. The administrator has an obligation to erase personal data without undue delay if any of the grounds set out in the General Regulation on the protection of personal data is set.
J. RIGHT TO PERSONAL DATA PROCESSING RESTRICTION
The data subject has the right to ask the administrator to restrict the processing of their personal data, in cases stated in the General Regulation on the protection of personal data.
K. RIGHT TO PERSONAL DATA PORTABILITY
According to the conditions set in the General Regulation on the protection of personal data, the data subject has the right to obtain their personal data provided to the administrator in a structured, commonly used and machine-readable format, and they have the right to pass this data to a different administrator.
L. RIGHT TO OBJECT TO THE PERSONAL DATA PROCESSING
On grounds related to a particular situation, the data subject has the right to object to the processing of their personal data processed due to the legitimate interest of the administrator, including profiling based on the legitimate interest of the administrator. In case personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data, including profiling, if related to this direct marketing.
M. RIGHT TO RETRACT THE PERSONAL DATA PROCESSING CONSENT
At any time, the data subject has the right to retract the given consent to the processing of personal data. The consent retraction does not affect the lawfulness of the processing based on the consent granted before the withdrawal. The consent may be retracted by e-mail notification sent to the following e-mail address: moravia@moravia-Consulting.eu, or by written notification addressed to the address of the administrator. The consent to receive news and information about sales and marketing promotions of goods and services may be retracted also by means of electronic system by clicking on the link to unsubscribe from our newsletter directly in the e-mail commercial communication sent to you.
N. RIGHT TO FILE A COMPLAINT
The data subject has the right to file a complaint with the supervisory authority, in particular in the EU Member State of their habitual residence, place of employment, or in the place where the alleged violation occurred, if they believe that the processing of their personal data violated the General Regulation on protection of personal data. In the Czech Republic, the supervisory authority is the Personal Data Protection Authority.
PERSONAL DATA PROTECTION
Customer information is maintained in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended and supplemented. By signing the agreement, the Buyer agrees to processing and collection of his personal data in the Seller's database after the successful completion of the contract, until such time he or she expresses his or her opposition to such processing.
The Buyer has the right to access his / her personal data, the right to have it corrected, including other legal rights to such data. Personal data can be removed from the database based on a written request from the customer. Customers' personal data is fully secured against misuse. The supplier does not pass on any personal data of the customers to any third parties. The exception is represented by external shipping companies, to whom the personal data of customers is transferred to a minimum extent necessary for the delivery of the goods.
Individual contracts are archived by the operator after they have been concluded in electronic form and are only accessible to the business operator.
TAKE-BACK OF ELECTRIC APPLIANCES
The Seller provides for the take-back of household electrical appliances and separate collection of electrical waste, batteries and accumulators, in accordance with applicable legal regulations. The customer is entitled to hand over old electrical equipment when purchasing new similar electrical equipment or batteries or accumulators at any store of the Seller. The addresses of these business premises are listed in the Seller's contacts on this website.
The customer is also entitled to hand over electrical equipment, electrical waste, batteries or accumulators at the collection points of Asekol a.s. listed on its website. These pages also state the negative effects of substances used in batteries or accumulators, moreover, the graphic symbols for separate collection, information on the implementation of separate collection and its significance. The customer is also entitled to return electrical appliances, batteries or accumulators in collectors designated for collecting the waste in the appropriate municipality.
Electrical appliances, electrical waste, batteries and accumulators must not be disposed of together with mixed waste, but must be disposed of in designated locations, i.e. in collection yards or places designated for their collection, e.g. at locations listed above. These facilities and waste will be further used to produce new equipment. Dangerous and harmful substances from these devices and wastes can harm the environment or human health.
COSTS FOR USING REMOTE COMMUNICATION MEANS
The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone call costs) are borne by the Buyer himself.
Consumer warranty claims are handled by the Seller through the electronic address email@example.com. Information about the warranty claim settlement will be sent to the Buyer's electronic address.
In the event of a dispute between the Buyer-Consumer and the Seller, the consumer may also recourse to out-of-court dispute resolution. In this case, the Buyer-Consumer may contact the subject of out-of-court dispute resolution, which is the Czech Trade Inspection Authority (www.coi.cz) and follow the rules outlined there. More information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection Authority.
The Seller is authorised to sell the goods on the basis of a trade licence. The trade licence inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, among other things, the supervision of the compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
These Terms and Conditions apply in the wording stated on the Seller's website on the date of the conclusion of the Purchase Agreement. The consumer's order is confirmed as a signed contract between the Buyer and the Seller for the purpose of completing it and other records, and its status is accessible to the Buyer. The contract may be concluded in the Czech language, or in other languages as well, unless this is the reason for the impossibility of its conclusion. By purchasing, the customer agrees with the sending of business messages.
These Terms and Conditions allow the consumer to archive and reproduce them. By the conclusion of the Purchase Agreement, the Buyer accepts all regulations stated in the Terms and Conditions as in force on the day of dispatch of the order, including the price of the ordered Goods stated in the confirmed order, unless otherwise agreed in a specific case.
These conditions will take effect on August 1, 2016.