TERMS AND CONDITIONS
ELMS Service s.r.o.
Company ID 247 65 279,
seat in Praha 20 – Horní Počernice, Ve žlíbku 1800/77, postal code 193 00,
registered in the Commercial Register at the Municipal Court in Prague, File No. C 172484,
(hereinafter referred to as Operator)
- 1.1 These Terms and Conditions (TaCs) govern relations of Service provision and are binding for all business activities between the Operator and the Customer.
- 1.2 By sending an Order of a Service via the electronic Order form the Customer confirms s/he understands, accepts and agrees with these TaCs in full.
- 1.3 Current valid TaCs are published on the Operator's website at www.elmsservice.cz/.
- 1.4 Means of electronic communication shall be used to conclude the contract according to these TaCs without the necessity of the contracting parties to be present at the act of contract conclusion.
- 1.5 The Operator and the Customer accept that their obligations to one another shall be governed by the Commercial Code.
1.6 Definition of key concepts:
- Acceptance - the Operator's reception of the Customer's electronic Order via email including the identification data of the Operator and the Operator's declaration that they are able to provide the Customer with the Service.
- Price List - the Services price list published by the Operator and available on the Operator's Website. The Price List is an integral part of the Contract.
- Electronic Order Form or Order Form - a tool for the Customer to create an Order available on the Website.
- Quarter - a quarter of a regular calendar year.
- Invoice - a statement including a sum deducted from the Credit in the Wallet.
- Credit - the total sum of Customer's funds under the Wallet service provided to the Operator to pay for the Services provided by the Operator to the Customer under this Contract. No fee is charged by the Operator to the Customer to operate the Credit service, except for fees in special circumstances as stated below. The Credit Balance means total sum of Customer's funds at his account, which is used to pay for Services under the Wallet system. Available Credit is a difference between the Credit Balance and the amount which will be deducted for Services provided in the last Billing Period.
- Commercial Code - Act no. 513/1991 Sb., the Commercial Code
- Order - an order made by the Customer using the Order Form.
- Notification - Operator's message regarding changes, new services, products, new price list, etc. The Operator usually uses email communication to deliver such information.
- The Wallet - Operator's payment system used by the Customer to pay for Services. The Wallet is divided into the Customers Account and the Operator's Account.
- Operator - ELMS Service s.r.o., ID No. 247 65 279, based at Praha 20 – Horní Počernice, Ve žlíbku 1800/77, postal code 193 00, registered in the Commercial Register at the Municipal Court in Prague, File No. C 172484.
- Warehouse - Operator's storage premises, where the Operator deposits, keeps and takes care of the Customer's goods.
- Service or Services - Services are all Operator's legal and factual activities, which are done based on the Customer's Order, including receipt of the goods, is storage and care and its transport to the place specified by the Customer.
- Additional Services - these are services and activities of the Operator beyond the scope of the Contract, which are requested by the Customer to fulfil his goals or intentions. The Operator is obliged to provide additional Service only after the Customer's clear and individual instructions and under conditions agreed by both parties in an amendment to the Contract and the Customer is obliged to pay the Operator for these additional services the price agreed in the amendment to the Contract.
- Contract - the contract of the Operator as one of the parties and the Customer as the other party. With regard to the character of performance the contract may be a storage contract, shipping contract, a contract without further specification or a combined contract, always concluded in line with the Commercial Code, the operator being usually a storage provider and a shipper while the Customer is the depositor and mandator. The content of the contract is the Operator's obligation to provide the Customer with the Service and the Customer's obligation to pay for the Service. Any reference to the Contract made further on in these TaCs includes any document which is part of the Contract, such as Order, Acceptance, appendices, Price List, TaCs, etc. Parties to the Contract are aware of and agree with the fact that the Contract is concluded via means of remote communication (distance contract). In case the Contract is not subject to the Commercial Code, the contracting parties agree, with regard to Section 262, subsection 1 for relations of Contractual Parties, to apply Commercial Code regime with an exception.
- Contracting Parties - parties to the Contract, the Operator on one side and the Customer on the other.
- Customer's Account - a bank account, whose number will be provided in the Acceptance, and to which the Customer transfers his funds.
- Operator's Account - a bank account, to which the Customer pays for Services using the Wallet system.
- TaCs - these Terms and Conditions.
- Website - Operator's website at www.elmsservice.cz/.
- Customer - an entrepreneur, who is a natural or legal person and who acts within he scope of his commercial or other business activities when signing the Contract and also any other persons authorized to act on his behalf. Agreeing with these TaCs the Customer declares that he is not a consumer as defined by acts on consumer protection and expresses his will to act in line with the Contract, these Terms and Conditions, the Commercial Code and respect Czech law and Czech courts as outlined in these TaCs.
- Law - Act No. 513/1991 Sb., the Commercial Code.
- Shipping Command or Command - an electronic command sent by a Customer to the Operator to arrange shipping of Goods. The Shipping Command must include information about which Goods should be shipped, their amount and where it should be shipped, otherwise the Command is not valid and the Goods shall not be shipped. The Shipping Command shall be delivered to the Operator electronically via automatic system or email or in another manner but always in writing.
- Goods - Customer's thing or things, which are to be stored in the Warehouse and whose shipping is to be arranged for the Customer by the Operator.
- Billing Period - Billing Period is one week, counted from Monday to Sunday.
II. Conclusion, Duration and Termination of the Contract
2.1 Procedure of Contract Conclusion
- 2.1.1 The Customer orders a Service via the Order Form available on the Operator's website. Filling in an Order Form, agreeing to the Terms and Conditions and the Price List and sending it to the Operator is regarded an offer to conclude a Contract made by the Customer.
- 2.1.2 Sending an Order is regarded a Customer's action clearly identifying the ordered Service, Goods, price, Customer's person and method of payment and it is a binding Contract proposal for Contracting parties. The Order is valid if the Customer has filled in all obligatory data in the Order Form, read these Terms and Conditions on the Website and confirmed he has read them.
- 2.1.3 The Contract proposal in the form of an Order is valid for fifteen days.
- 2.1.4 After he has received an Order the Operator shall send the Customer an Acceptance via email. The Operator usually sends the Acceptance to the Customer one working day after the day he has received the Order.
- 2.1.5 In case the Operator cannot fulfil some of the requirements stipulated in the Order, he shall send the Customer an amended offer with potential changes to the Order and ask for the Customer's opinion.
- 2.1.6 In case the Customer asks for extra or additional Services, the Operator may require to take 7 working days for assessment before he sends his Acceptance.
2.1.7 The Contract between the Operator and the Customer is concluded after the following conditions have been met:
- The Customer's Order has been delivered to the Operator,
- The Operator has accepted the Order.
- 2.1.8 An amended offer as stated in 2.1.5 is regarded a new Contract proposal and the Contract is in such case concluded after it has been accepted by the Customer.
- 2.1.9 The Customer is obliged to top up his Credit within 5 working days after the Contract conclusion with the sum which equals at least the price for storage until the end of the Quarter, in which the Contract was concluded. The Operator shall not provide the Customer with any Services until this condition is met. If the deadline was not met, the Contract is void from the beginning.
- 2.1.10 The Operator is obliged to provide the Customer with Services and the Customer is obliged to pay the Operator for the Services, based on such concluded Contract.
- 2.1.11 The Operator is entitled to require the Customer's original or verified copy of the certificate of incorporation not older than one month in case the Customer is registered in the Commercial Register, or the original or verified copy of the extract from the Trade Register not older than one month in case of a natural person – a business person, who is not registered in the Commercial Register. The Operator is entitled to keep and archive copies of the documents mentioned above.
2.2 Contract Duration
- 2.2.1 The Contract is concluded for an indefinite period.
- 2.2.2 Changes to the Contract are made by the Customer and the Operator in the manner stipulated in article 2.1.1 and further down, if not stated otherwise.
2.3. Contract Termination
- 2.3.1 The Contract is terminated by an agreement of both Contractual Parties, or by a notice.
- 2.3.2 The Customer may terminate the Contract at any time. The notice of termination must be made in writing and must be delivered to the Operator's address. The notice period in case of a notice given by the Customer is one calendar month and starts at the beginning of the Billing Period following the Billing Period in which the notice was delivered to the Operator.
- 2.3.3 The Operator has the right to terminate the Contract in cases mentioned in article 4.2.13. The notice period for a notice given by the Operator is 15 days.
- 2.3.4 The Operator also has the right to terminate the Contract in case of excusable circumstances, which prevent him from fulfilling his duties stipulated in the Contract. The notice period is 15 days in this case.
- 2.3.5 The Operator also has the right to terminate the Contract any time. The notice period for termination given by the Operator is 60 days and starts at the beginning of the Billing Period following the Billing Period in which the notice was delivered to the Customer.
- 2.3.6 The Customer is obliged to collect all his Goods from the Warehouse within 5 working days from the end of the notice period as mentioned in the paragraphs above. In case the Customer fails to meet this condition he shall be asked via email to collect the Goods and he will be given additional period of 5 working days to do so. In case this deadline is not met, the Customer is obliged to pay the Operator a penalty in the amount of price for storage for one Quarter, which is payable within 5 working days from the time the email request was delivered and at the same time the Operator is entitled to sell the Goods in an advantageous manner at the Customer's cost. The Operator shall deduct his claim including the penalty from the proceeds from the sale and he shall refund the remaining amount to the Customer.
- 3.1.1 In the Order Form the Customer shall specify the size of the storage area (in m2), where he shall store the Goods. Such information is valid until the end of the calendar Quarter, in which the Contract was concluded. Minimum storage area which may be ordered is 1.5 m2.
- 3.1.2 The Customer may change the storage area for storing his Goods within five days from the beginning of the Quarter. In case the Customer does not change the are within this period, the storage area remains the same as in the last Quarter.
- 3.1.3 The size of the storage area may be changed during the Quarter only after prior agreement of both Contracting Parties. It is not possible to reduce the storage area during the Quarter.
- 3.1.4 The Customer shall inform the Operator about his intention to store Goods in the Warehouse at least 2 working days in advance. All information about the Goods as listed in article 5.1.2 must be included.
- 3.1.5 In case the Customer wants to collect his Goods from the Warehouse he shall order it at least 2 working day in advance. Shipping of Goods as stipulated in article 3.2 of these TaCs is not regarded a handover of Goods according to this article.
- 3.1.6 The process of arrival and departure of Goods is charged for according to the Price List.
- 3.1.7 The process of arrival and departure of Goods which requires the use of pallets or handling of larger volumes of Goods is charged for separately according to the Price List.
- 3.1.8 The Operator shall take over the Customer's Goods, store them in the Warehouse and take care of them.
- 3.1.9 The Operator shall send the Customer a confirmation of receipt of Goods for storing, no later than the following working day after the receipt of the Goods. The confirmation shall include the kind of Goods, their quantity and the area taken in the Warehouse.
- 3.1.10 Upon the Customer's written request the Operator is obliged to issue a warehouse receipt as stipulated in Section 528, Subsection 2 and below of the Commercial Code.
- 3.1.11 The Customer is obliged to pay for storage according to the Price List.
- 3.1.12 The Operator is not obliged to follow Customer's orders regarding the placement of Goods in the Warehouse. The Operator is however obliged to store the Goods most effectively with regard to manipulation with Goods and potential damages. The Goods may be stored in a maximum height of 1.5 metres.
- 3.1.13 The Operator shall check the inventory if required by the Customer. The inventory check is charged for according to the Price List.
- 3.1.14 The Customer may inspect his Goods in the Warehouse after an email request. The time of the inspection shall be determined by the Operator. The Operator shall provide staff to accompany the Customer during inspection and provide him with assistance. The Customer may only move about the Warehouse accompanied by the designated staff of the Warehouse. The Customer is obliged to follow the health and fire safety rules of the Warehouse and instructions of the Warehouse staff. The Customer is obliged to use protective equipment at all times while visiting the Warehouse. The Warehouse visit and the Goods inspection is charged for according to the Price List.
- 3.1.15 Rights and duties regarding storing of Goods in a Warehouse not stipulated in the Contract are governed by provisions of the Contract of Storage in Sections 527 and below of the Act No. 513/1991 Sb., the Commercial Code.
- 3.2.1 Upon the Shipping Command the Operator shall arrange shipping of the Goods from the Warehouse to the place of the Customer's choice.
- 3.2.2 In the Shipping Command the Customer is obliged to specify which Goods shall be shipped, their quantity, and the address to which the Goods shall be shipped. In case it does not contain this information, the Shipping Command is not valid and the Goods shall not be shipped.
- 3.2.3 The Shipping Commands delivered to the Operator by 12:00 on a working day shall be processed and the Goods shipped on that same day. Other Shipping Commands shall be processed and the Goods shipped on the next working day.
- 3.2.4 The Shipping Commands as specified in article 3.2.3 in the first sentence may be cancelled by 14:00. Other Shipping Commands may be cancelled by 8:00 the next working day.
- 3.2.5 The Customer is obliged to pay the Operator for shipping of the Goods and other Services according to the Price List. The Operator is entitled to weigh the Goods in order to determine the price. Gross weight of the Goods is determining in such cases.
- 3.2.6 In case the Operator ascertains there is a difference between the weight he measured and the weight the Customer declared and shall this difference be larger than 10%, the Operator shall inform the Customer about it without undue delay and suspend the shipping until the difference has been clarified. In case the difference is smaller than 10% the weight measured by the Operator will be used to determine the price of shipping.
- 3.2.7 The operator shall choose the transportation provider and the means of transportation and do so to satisfy the Customer's best interests. The Operator may also carry out the shipping himself. In case the Customer requires it, the Operator shall inform him about his choice of transportation provider.
- 3.2.8 The Operator shall arrange insurance of shipped Goods only upon the Customer's request. Informing about the value of Goods is not considered a request for insurance. In case of an insured event the shipper shall fulfil his duty by referring his claims against the insurer to the mandator upon his wish. It is without prejudice to the Operator's decision on liability insurance.
- 3.2.9 In case of danger in delay the Operator takes such steps to protect the Goods even without the mandator's request in order to act in the best interests of the mandator based on the information known to the shipper.
- 3.2.10 The Operator follows the mandator's instruction regarding the customs clearance. In case it is not possible to carry out customs clearance according to the Customer's instructions, the Operator is obliged to inform the Customer without undue delay. In such cases the Operator is not responsible for the delay.
- 3.2.11 If the addressee refuses to accept the Goods, the Operator arranges shipping back to the Warehouse. In such cases the Customer is obliged to pay the Operator for transportation of the Goods, according to the Price List.
IV. Prices, Wallet System and Payment Conditions
- 4.1.1 Prices for Services are stipulated in the Price List issued by the Operator and it is an integral part of the Contract. The Price List is available on the Website.
- 4.1.2 Besides the reward stipulated in the Price List, the Operator is entitled to reimbursement of necessary and reasonable costs, which were incurred while fulfilling his obligation and he shall be also reimbursed for costs spent effectively while fulfilling his obligations.
- 4.1.3 In case the Customer cancels the Order or the Shipping Command the Operator is entitled to reward according to the Price List.
- 4.1.4 The Customer is obliged to pay the Operator the amount owed for transportation, customs, tax and other fees paid for by the Operator, especially as he is a person authorized for handling Goods or a holder of Goods of another, if the Operator is not liable for the Goods.
- 4.1.5 The Operator reserves the right to change the Price List. The Customer shall be informed about such changes via email in advance together with the date as of which the changes shall be effective. The Customer shall be given time of one Billing Period, during which he may accept or reject the changes as well as terminate the Contract. In case the Customer rejects the changes and terminates the Contract, the original Price List is valid for the Customer until the end of notice period. If the Customer forgets to accept or reject the changes or terminate the Contract, it is assumed that he agrees with the changes.
- 4.1.6 Should the price index grow by 5% as compared to the state when the Contract was concluded, the Operator is entitled to increase the prices in the Price List by 5% from the month following the month, in which the price index growth was published and the Customer shall agree with this procedure and is obliged to pay the prices according to the new Price List.
- 4.1.7 Catalogues and price lists not issued by the Operator as well as oral and over-the-phone information or information available via websites are only informative, not binding for the Operator and unenforceable. The Operator is not liable for errors in printing of commercial and technical materials.
4.2 The Wallet System and Payment Conditions
- 4.2.1 The Wallet is the Operator's payment system, through which the Customer pays for the Services.
- 4.2.2 The Wallet system consists of two accounts, that is the Customer's Account and the Operator's Account, both at Fio Bank, a. s. ID No.: 618 58 374, based at Praha 1, V Celnici 1028/10, post code 117 21 under individual bank account numbers.
- 4.2.3 The Wallet system is available on the Website and only the Customer and the Operator has access to it.
- 4.2.4 The Wallet system offers information on Credit Balance, total price of Services provided by the Operator in the current Billing Period, and Available Credit.
- 4.2.5 Topping up credit means transferring funds to the Customer's Account. The Credit may be topped up to any amount in the Czech currency in the range defined by the Wallet system and repeatedly. Maximum amount of Credit of one Customer is 1,000,000 CZK including VAT.
- 4.2.6 The payment for Services for the last Billing Period is always carried out on a Monday following the last Billing Period.
- 4.2.7 The Payment for Services for the Last Billing Period shall be deducted from the Credit balance. Such deducted amount shall be transferred from the Customer's Account to the Operator's Account.
- 4.2.8 The day when the Operator's Account has been credited with the amount is regarded the day of taxable transaction.
- 4.2.9 The Operator issues an Invoice for the Customer always by the 15th day of the month following the month, in which the Services were provided. The Invoice shall be created and distributed in an electronic form, for example as a PDF file.
- 4.2.10 The Operator shall return the Customer's remaining Credit upon his written request, to a bank account number specified in the Customer's request, for a fee of 10% of the amount requested, the minimum amount being 500 CZK.
- 4.2.11 In case there are no sufficient funds on the Customer's Credit to pay for storage of Goods until the end of the current Quarter, the Operator shall send the Customer a reminder and the Customer is obliged to top up the Credit within 5 working days.
- 4.2.12 In case the Customer does not top up the Credit as stipulated in article 4.2.11 of the TaCs, the Operator shall stop providing the Services excluding storage of Goods and he shall give the Customer another 5 days to top up the Credit.
- 4.2.13 In case the period stipulated in article 4.2.12 of the TaCs expires, the Operator is entitled to terminate the Contract. The notice period is stipulated in article 2.3.3 of the TaCs.
V. Rights and Obligations of the Contracting Parties
5.1 Customer's Obligations - technical requirements
- 5.1.1 In case there is an imminent threat of considerable damage to Goods the Customer is obliged to give further instructions upon the Operator's request. Otherwise the Operator is entitled to sell the Shipment as stipulated in article 5.2.6 of the TaCs.
- 5.1.2 The Customer is obliged to give the Operator all information about the Goods, its character and price, as well as other facts such as weight, type, whether it is perishable, number of pieces, size and weight of individual pieces, marks, kind of packaging and whether it is dangerous as stipulated by the ADR/RID Agreement and so on. In case it is necessary to handle the Goods with special care or follow specific rules while handling and transporting it, the Customer is obliged to inform the Operator about such facts.
- 5.1.3 The Customer is obliged to inform the Operator about obligations stipulated by the law, which have relations to storage and transportation of Goods.
5.2 Operator's Rights and Obligations
- 5.2.1 The Operator is obliged to take proper care of the Goods.
- 5.2.2 The Operator shall inform the Customer should his instructions be clearly wrong and to do so as soon as he learns about it. In case the Customer insists on his instructions, the Operator is not liable for damage or delay, which may be caused by such instructions.
- 5.2.3 The Operator is entitled to refuse to store dangerous Goods, which are forbidden to hold or possess by the law, Goods with damaged packaging, faulty Goods or if there is a risk the Goods may cause damage to the Operator or a third person.
- 5.2.4 The Operator is obliged to inform the Customer about potential or incurred damage to Goods as soon as he learns about it.
- 5.2.5 In case of danger in delay the Operator is entitled to act to protect the Goods even without the Customer's instructions so that the Customer's best interests, as known by the Operator, are protected.
- 5.2.6 In case of risk of substantial damage and if there is no time to ask for Customer's instructions or in case the Customer delays his instructions or does not take necessary measures himself, the Operator is entitled to sell the Goods in an advantageous manner at Customer's cost.
- 5.2.7 The Operator shall not inspect the contents of the stored or transported Goods. The Customer bears full liability arising from legal actions on limited or forbidden possession, hold or transportation of Goods or other manipulation with them.
- 5.2.8 The Operator is not obliged to scrutinize the data provided by the Customer.
- 5.2.9 The Operator is not liable for deadlines of loading and unloading of the Goods as well as the for time sequence of shipping Goods via the same means of transportation, except when special written agreement has been made prior to the transportation.
- 5.2.10 The Operator has lien on the Goods to secure his claims against the Customer in line with the Sections 535 and 608 of the Commercial Code, as long as the Goods are in his custody or in custody of another authorized person, or as long as the Operator holds certificates authorizing him to handle the Goods.
- 5.2.11 Upon request of previous shippers the Operator is entitled to exercise their rights, especially rights resulting from their lien in order to fulfil their claims if the agreed reward does not include all necessary and reasonable expenses.
VI. Insurance and Liability
- 6.1.1 The Operator shall insure the Goods only upon the Customer's insurance order up to the value of Customer's choice.
- 6.1.2 In case of damage to insured Goods the Operator fulfils his obligation by referring his claims against the insurer to the Customer.
- 6.1.3 The Operator is not liable for the damage on insured Goods, if the extent of damage is higher than the insurance, not even for the part exceeding the insurance. The Operator is not liable for damage to Goods even in the case the insurer refuses to pay damages as a result of faulty Goods, faulty or damaged packaging or for other reasons based on the character of the Goods.
- 6.2.1 The Operator is liable for damage to Goods from the moment of collection for storage until its delivery to the place of Customer's choice, except if he could not have prevented it exerting professional care.
- 6.2.2 In case the Operator uses other shipper's services to arrange the transportation, he is liable as if he provided the transportation himself.
- 6.2.3 In case of notice given by the Operator in line with article 2.3.3 of the TaCs or in case of notice given by the Customer in line with article 2.3.2 of the TaCs, the Operator is liable for damage to Goods until the period for collection by the Customer expires as stipulated in article 2.3.4 of the TaCs.
- 6.2.4 In case the Customer is in delay to collect the Goods, the liability for damage is transferred to him, including liability for accident, excluding damage caused by the Operator on purpose.
- 6.2.5 The Customer is liable for damage caused to the Operator by violating Customer's obligations as stipulated in article 5.1.1 and 5.1.2 of the TaCs.
- 6.2.6 Neither the Operator nor the Customer are liable for violating obligations caused by force majeure, that is by circumstances happening independently on will of the parties, which they were no able to avert using all possible efforts, such circumstances thus being objectively unavoidable.
6.2.7 Force majeure:
The above mentioned circumstances, which the parties cannot avert and which exclude liability are especially:
- state of war;
- legal obstacles, strikes, sabotages;
- natural disasters;
- other circumstances, which the Parties were not able to envisage or influence using adequate efforts, and which prevent fulfilment of obligations stipulated in the Contract.
- 6.2.8 The Party concerned is obliged to inform the other Party about the circumstances excluding liability without undue delay, otherwise it loses the right to claim the results of these circumstances. When these circumstances cease to exist, the concerned Party is obliged to inform the other Party about the extent of damage or potential damage and whether the Contracting Party is still able to fulfil the obligations stipulated in the Contract and to what extent.
- 6.2.9 The Operator declares that at the moment of the beginning of the contractual relation he assumes that by violating his contractual obligations he may cause the Customer maximum damage of 20,000 SDR. The Customer explicitly agrees with this.
6.2.10 The Operator's obligation to compensate damage is limited:
- in all cases by the amount of 20,000 SDR for a damage event or for more damage events having the same cause, or
- in case of loss, total or partial damage to Goods while providing the Services by the amount of 8.33 SDR per 1 kilogram of gross weight of lost, partially or totally damaged shipping;
- in case of damage caused by delayed delivery by the amount of reward (consideration) as stipulated in article 3.2.5 of the TaCs, excluding article 5.2.9 of the TaCs.
- 6.2.11 The Operator may not claim limited liability as stipulated in articles 6.2.9 and 6.2.10 in case he causes the damage consciously or on purpose.
6.2.12 Unless stated otherwise The Contractual Parties shall not compensate one another for:
- loss of profits caused in relation to the Contract performance; this does not apply if the damage occurs as a result of actions, whose merits constitute a wilful criminal offence, other fraudulent activity or intention of the Contractual Party;
- indirect damage
VII. General Provisions
- 7.1 The place of performance is the place of shipper's business , where the Order or the Shipping Command was delivered.
- 7.2 In case of rights to demand release of stored Goods the limitation period runs from the day of Contract Termination.
- 7.3 Rights arising from damage of transported Goods and delayed delivery against the Operator and transport provider are time-barred after one year. In case of rights arising from complete damage or loss of Goods the limitation period begins on the day the Goods should have been delivered to the recipient, in case of other rights on the day the Goods were delivered. Limitation period for damage caused consciously is four years. Claims against the transport provider become time-barred as stipulated by provisions of the contract of carriage.
VIII. Personal Data Protection
- 8.1 Only data necessary for a successful completion of Order (name, address, contacting details) are requested upon placement of Order. Provided data shall be used for completion of Order, or complaint etc. The data shall be available only to the Operator, they are not provided to third persons, except for situations relating to providing the Customer with Services and fulfilling Operator's legal obligations. The Customer agrees that his personal data shall be used by the Operator to offer his products.
- 8.2 These data shall not be provided to any third person, with the exception as stipulated in article 8.1.
- 8.3 After completion of the Order the data are archived and used for accounting purposes and purposes required by the law.
- 8.4 Having confirmed an Order the Customer agrees his personal data shall be used in the manner stipulated above.
- 8.5 Both the Customer and the Operator are obliged to treat as confidential all information and documents which are clearly marked as confidential, whose confidentiality arises from the law or are clearly not intended to be used by third persons.
IX. Delivery, Cashless Payments
- 9.1 Notifications regarding relations of the Operator and the Customer, especially those regarding duration and termination of the Contract must be delivered by post in the form of registered letter to the contact address of the other Party and they are regarded delivered and effective at the moment of their delivery by the Post. Notifications which the addressee refused to accept or which was not collected within the deposit time limit or which were returned as undelivered are also regarded as delivered. In such cases the notifications are regarded as delivered on the day when the sending Party obtains clearly addressed document returned by the Post and marked as undelivered or refused by the addressee.
- 9.2 Routine communication between the Contractual Parties may be effected via email. The email is regarded delivered by the act of sending to the addressee's email address on working days between 8:00-17:30, in other cases the email is regarded as delivered at 8:00 next working day, if the email delivery is confirmed from the same email address to which the email has been sent by the sender.
- 9.3 All cashless payments between the Parties shall be made to the bank accounts stipulated by the Contract or the TaCs, that is especially the Customer's Account and the account specified by the Customer in the Order. All exceptions or changes of bank account numbers must be communicated to the other Party in the manner stipulated in article 9.1.
X. Final Provisions
- 10.1 Unless agreed otherwise, all business relations between the Operator and the Customer are governed by these Terms and Conditions.
- 10.2 The Operator is entitled to change the TaCs. The Operator is obliged to publish new TaCs on his Website without undue delay, or send new TaCs to the Customer's email address. Acceptance or refusal of changes to the TaCs are governed by article 4.1.5.
- 10.3 In case any provision of these TaCs becomes ineffective, other provisions remain effective. The Customer and the Operator are obliged to replace the ineffective provision by such a provision, an economic purpose of which is the closest to the ineffective provision, and to do so by a written amendment.
- 10.4 Concluded Contracts are archived by the Operator in an electronic form, or in written form and are not public. Czech is a language of communication between the Operator and the Customer and it is also the language of the Contract.
- 10.5 These TaCs and all other relations not stipulated by their provisions are governed by the Czech law, in particular by provisions of Act No. 513/1991 Sb., the Commercial Code as amended, and Act No. 40/1964 Sb., The Civil Code as amended. The Contractual Parties also conclude that they respect exclusive jurisdiction of Czech law and Czech courts.
- 10.6 Both Contractual Parties are obliged to inform the other Party without undue delay about all facts stipulated in the Contract which may have impact on fulfilling contractual obligations.
- 10.7 The Customer is not entitled to refer his rights and obligation to another in its entirety or partly as stipulated in the Contract without prior written consent of the Operator. The Operator is obliged not to deny such consent without reasonable grounds.
- 10.8 These TaCs are valid and effective as of 1st October 2013.