General Terms & Conditions
of the company
Jemné Zrození s.r.o.
based in Dolní Líštná 108, 739 61 Třinec
identification number: 04277848, Tax ID CZ04277848
entered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, file No. 63034
for sale of goods by means of the online shop found at the website www.jemnezrozeni.cz
tel. +420 736 413 036
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the company Jemné Zrození s.r.o., based in Dolní Líštná 108, 739 61 Třinec, identification number: 04277848, entered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, file No. 63034 (hereinafter referred to as “the Seller”) set out, in accordance with the provision of Section 1751 Subsection 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code“), the mutual rights and obligations of the contracting parties arising in relation to or based on a purchase contract on products by the company (hereinafter referred to as “purchase contract”) or a contract on provision of services – courses organized by the company (hereinafter referred to as “service contract”) concluded between the Seller and another natural person – consumer or a natural person or legal entity – entrepreneur (hereinafter referred to as “the Buyer”) by means of the online shop of the Seller. If these Terms and Conditions apply to both types of contract, the term “contract” is used in singular. The online shop is run by the Seller on the website placed at www.jemnezrozeni.cz (hereinafter referred to as “website”).
1.2. It is possible to agree on provisions different from those in the Terms and Conditions in a contract. Provisions stipulated in a contract are superior to the provisions in the Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the contract. The language of the contract and the Terms and Conditions is Czech. The contract can be concluded in the Czech language.
1.4. The content of the Terms and Conditions can be changed and amended by the Seller. This provision does not affect the rights and obligations that arose while the previous Terms and Conditions were in effect.
1.5. By sending an order or an application, the Buyer confirms that they have acquainted themselves with these Terms and Conditions of which information before contract conclusion, warranty terms, and information on shipping options are integral parts and that they expressly agree to their wording valid and effective at the moment of sending the order.
1.6. The Buyer will receive a copy of the Terms and Conditions attached to the order/application confirmation sent to their email address. The Buyer will receive an invoice containing the essential contract information on acceptance of the goods or service.
2. II. INFORMATION BEFORE CONTRACT CONCLUSION
2.1. The Seller informs that
a) the costs of means of remote communication are not different from the standard rate (in case of internet and phone connection according to the conditions of your provider; the Seller does not charge any other fees, except potential contractual shipping),
b) they require the Buyer to pay the purchase price before assumption of contractual obligations, unless the parties agree otherwise. Until the purchase price has been paid in full, the goods remain the property of the Seller.
c) the prices of goods and services stated on the website include VAT if the Seller is VAT registered, including all fees imposed by the law, however, the costs of goods or service delivery differ depending on the selected method and carrier and payment method;
d) the law defines a consumer as a natural person not acting within their business activities or within their independent professional activity,
d) if the Buyer is a consumer, they have the right to withdraw from the contract (unless stated otherwise below) within a (14) fourteen-day period, which starts, if it is
i) a purchase contract, on the day the product is received,
ii) a contract the subject of which is several kinds of goods or delivery of several parts, on the day the last product is received, or
iii) a contract the subject of which is a regular repeated delivery of goods, on the day the first product delivery is received;
and they must send the withdrawal to the Seller’s address, or they can use the contract withdrawal form on the Seller’s website;
g) a consumer may not withdraw from the contract:
1) on the provision of a service which has been fulfilled by the Seller with a preceding explicit consent from the consumer before the period for withdrawal expired,
2) on the delivery of goods or a service when the price thereof depends on fluctuation of the finance market independent of the Seller’s will and which can happen within the period for withdrawal from the contract,
3) on the delivery of goods which have been altered according to the consumer’s wishes or for them,
4) on the delivery of goods which are perishable and also goods which were irreversibly mixed with other goods after delivery,
5) on repair or maintenance carried out in a place requested by the consumer; this, however, does not apply to subsequent performance of other than requested repairs and delivery of other than requested spare parts,
6) on the delivery of goods in sealed packaging which were removed from the packaging by the consumer and it is not possible to return them for hygiene reasons,
7) on the delivery of an audio or video recording or software if they opened their original packaging or downloaded the recording, webinar, e-book
8) on the delivery of newspapers, periodicals or magazines,
9) on transport or a leisure activity, if the entrepreneur is providing these items at the agreed upon time,
10) on delivery of digital content if it was not provided on a physical medium and was delivered with explicit consent from the consumer before the period for withdrawal from the contract expired;
h) in case of withdrawal from the contract, the consumer bears the costs related to returning the goods, and, if it is a contract concluded via a means of remote communication, the costs of returning the goods if the goods cannot be returned by mail due to their character;
i) the consumer is obligated to pay a proportional part of the price in case of withdrawal from a contract where the subject is service provision and the services have already been provided in part;
j) the contract, or the relevant tax document will be stored in the electronic archive of the Seller;
k) in case the consumer wants to raise a complaint, they can turn to an inspection or state supervision body.
3. USER ACCOUNT
3.1. After registering at the Seller’s website, the Buyer can access their user interface. The user interface allows them to order goods (hereinafter referred to as “user account”). If the website interface allows, the Buyer can also order goods without registering directly from the online shop interface.
3.2. When registering at the website and ordering goods, the Buyer is obligated to provide all information correctly and truthfully. The Buyer is obligated to update all the information stated in their user account whenever there is a change. The information stated in the Buyer’s user account at the time of order placement is considered correct by the Seller.
3.3. The access to a user account is secured by a username and password. The Buyer is obligated to keep the information necessary to access their user account confidential.
3.4. The Buyer is not entitled to let third persons use their user account.
3.5. The Seller may delete a user account, especially if the Buyer has not been using their account for a long time, or if the Buyer breaches obligations arising from the purchase contract (including the Terms and Conditions).
3.6. The Buyer understands that their user account may not be accessible constantly, considering especially the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third persons.
4. PURCHASE CONTRACT CONCLUSION
4.1. All goods presentations in the website interface of the shop are informative in character and the Seller is not obligated to conclude a purchase contract on these goods if the offer is not binding. The provision in Section 1732 Subsection 2 of the Civil Code is not applicable.
4.2. The website contains information on goods including the prices of individual items. The prices of goods are stated including the value added tax and all related fees, and are final. The prices are in effect for as long as they are displayed on the website. This provision does not limit the option for the Seller to conclude a purchase contract under individually negotiated conditions.
4.3. The website also contains information on potential costs related to packaging and shipping.
The information on packaging and shipping costs stated on the website is only valid when the goods are shipped within the Czech Republic.
4.4. To order goods, the Buyer fills in the order form in the online shop interface.
The order form contains information mainly on:
1) the Buyer (name, surname, address, email address, possibly company information, ID No./Tax ID)
2) the goods being ordered (the Buyer “puts” the goods being ordered in their online shopping basket in the online shop interface),
3) the method of payment of the goods purchase price,
4) the information on the requested delivery method for the goods ordered and information on costs related to goods delivery (hereinafter collectively referred to as “order”).
4.5. Before placing an order, the Buyer is able to check and change the data they input in the order, to ensure they can notice and correct any mistakes made while filling out the order. The Buyer will send the order to the Seller by clicking “Send”. The data stated in the order are considered correct by the Seller. The Seller will confirm the order immediately after receiving it by sending an email to the address stated in the user interface or in the order (hereinafter referred to as “the Buyer’s email address”).
4.6. The Seller is always entitled, depending on the character of the order (amount of goods, purchase price, estimated shipping costs), to ask the Buyer to confirm the order (for instance in writing or by phone). If the order is not successfully confirmed, it is assumed the order was not placed.
4.7. A contractual relation between the Seller and the Buyer is created on delivery of an order receipt confirmation (acceptance), which is sent to the Buyer by email to the Buyer’s email address. The notice of receipt of the order/application is sent out automatically, it is not the acceptance of the order/application on our side, unless specifically stated in the confirmation. If the confirmation does not state that we are accepting the order/application, we will confirm accepting the order/application in a subsequent email.
4.8. Until the moment you get a confirmation of your order, it is possible to cancel the order by phone or email. The contract regarding the goods is concluded on delivery of the order confirmation to your email address stated in the order. Any subsequent changes to the concluded contract (including order cancellation) are subject to negotiation with us.
4.9. The Buyer agrees to means of remote communication to be used to conclude a contract. The costs of using means of remote communication in order to conclude a contract (costs of internet connection, costs of phone calls) are covered by the Buyer themselves and these costs are not different from their standard rate.
5. PRICE OF GOODS AND PAYMENT CONDITIONS
5.1. The price of goods and potential costs related to delivery of the goods as stated in the purchase contract can be paid by the Buyer in the following ways:
by a bank transfer to the Seller’s account (hereinafter referred to as “the Seller’s account”), the number thereof will be given to the Buyer in a written order confirmation and also in a prepayment invoice incl. variable symbol for the payment;
by means of the cashless payment system Payeezy s.r.o.; debit card numbers, credit card numbers and passwords to online banking are sent via a secured and trusted channel of the company Payeezy s.r.o. and the data are not shared with me by the company and we have no access to them,
by another method agreed on by the parties in advance.
5.2. The Seller does not require the Buyer to pay a deposit or a similar payment. This does not affect the provision in 5.5 of the Terms and Conditions regarding the duty to pay the purchase price of the goods in advance.
5.3. In case of a cashless transfer, the purchase price is due within 5 days from concluding the purchase contract, i.e. from the moment the Buyer receives the order confirmation. When it comes to a course purchase, the price must be paid in a way that it is credited to our bank account no later than (7) seven days before the course takes place.
5.4. In case of a cashless payment, the Buyer is obligated to use the relevant variable symbol while paying the purchase price of the goods. In case of a cashless payment, the Buyer’s obligation to pay the purchase price is met at the moment the relevant sum is credited to the Seller’s account.
5.5. The Seller is entitled, especially if the Buyer fails to sufficiently confirm the order (Article 4.6), to require the full purchase price to be paid before sending the goods to the Buyer. The provision of Section 2119 Subsection 1 of the Civil Code is not applicable.
5.6. Potential discounts from the price of the goods provided by the Seller to the Buyer cannot be combined with one another.
5.7. If it is common in business relations or it is stipulated by generally binding legislation, the Seller will issue a tax document – invoice regarding payments made in connection with the purchase contract to the Buyer. The Seller is value added tax registered. A tax document – invoice is issued to the Buyer after the purchase price has been paid and it is sent electronically to the Buyer’s email address.
6. WITHDRAWAL FROM PURCHASE CONTRACT
6.1. The Buyer understands that, according to the provision of Section 1837 of the Civil Code, it is not possible, besides other things, to withdraw from the purchase contract on delivery of goods which have been altered according to the Buyer’s wishes or for them, from the purchase contract on delivery of goods in sealed packaging which has been opened and it is not possible to return them for hygiene reasons and from the purchase contract on delivery of an audio or video recording or software, if they have opened the original packaging, or they have downloaded the recording, webinar, e-book; i.e. the recordings, webinars, e-books have been purchased and delivered.
6.2. Unless it is a case described in Article 6.1 or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right, according to the provision of Section 1829 Subsection 1 of the Civil Code, to withdraw from the purchase contract without stating a reason within fourteen (14) days from receiving the goods, and in case the subject of the purchase contract is several kinds of goods or the delivery of several parts, this period starts on the day when the last goods delivery is received. The notice of withdrawal from the contract must be sent to the Seller within the period stated in the previous sentence. To withdraw from the purchase contract, the Buyer can use the sample form provided by the Seller which is an annex to the Terms and Conditions. The Buyer can also send a withdrawal from the purchase contract to the address of the Seller’s office or to the Seller’s email address email@example.com.
6.3. The buyer understands that hey are entitled to cancel his attendance to a course/webinar. In the event that the course has already been paid for and client cancels their attendance no later than 22 days before it takes place, the price paid for the course less the price of the downloaded recording, which is already available to the client before the course, will be refunded to the client. In case of cancellation of attendance 21 to 8 days before the course, the lecturer will refund 50% of the price paid, while the price of the downloaded recording, which is available to the client before the course, will be deducted from the total amount. In the event that the client’s pregnancy is terminated before the course takes place, 75% of the course price will be refunded to the client, while the price of the downloaded recording, which is available before the course, will be deducted from the total amount. In order to request refund of the course fee, the client needs to submit a medical confirmation letter. If client cancels course attendance 7 days or less before it takes place, the course fee is non-refundable. If the buyer does not show up, the price paid is non-refundable, but it is permissible to send a substitute, if the content and nature of the course allows it (more on this in article 7.6.c) OP). The client can find a replacement for herself or arrange with the lecturer to move to another date of the course led by the lecturer for which the client was registered to. A transfer to another course date must be communicated at least 21 days before the course date for which the client was registered.
6.4. In case of withdrawal from the purchase contract according to Article 6.2 of the Terms and Conditions, the purchase contract is voided. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the purchase contract. If the Buyer withdraws from the contract, the Buyer bears the costs related to returning the goods to the Seller.
6.5. In case of withdrawal from the contract according to Article 6.2 of the Terms and Conditions, the Seller will refund the money received from the Buyer within fourteen (14) days from the day the Buyer withdraws from the purchase contract in the same manner the money was paid by the Buyer. The Seller is also entitled to refund the amount paid by the Buyer when the Buyer is returning the goods, or in another manner, if the Buyer agrees to it and it does not create any extra expenses to the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obligated to refund the amount received before the Buyer returns the goods to them, or proves that the goods have been sent to the Seller.
6.6. The Seller is entitled to charge a claim for damages incurred on the goods unilaterally against the purchase price refund claimed by the Buyer.
6.7. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller will refund the purchase price to the Buyer without undue delay in a cashless manner to the account specified by the Buyer.
6.8. At the same time, the Seller has the right to withdraw from the contract if the purchase price is not paid within 14 [Z1] from the conclusion of the contract. In such a case, the withdrawal becomes effective when this period is up.
6.9. If the Buyer receives a gift together with the goods, the gift deed between the Seller and the Buyer is concluded with a termination clause stating that if the Buyer withdraws from the purchase contract, the gift deed is voided and the Buyer is obligated to return the gift together with the goods to the Seller.
7. SHIPPING AND GOODS DELIVERY
7.1. If the purchase contract sets the obligation for the Seller to deliver the goods to the place specified by the Buyer in the order, the Buyer is obligated to accept the goods on delivery.
7.2. Delivery time depends on the selected payment method. If the payment is made via a cashless bank transfer, the product will be delivered immediately after the payment is credited to the Seller’s bank account. For a cashless payment via a payment system, the product will be delivered immediately after the payment is made.
7.3. In case it is necessary for reasons on the Buyer’s side to deliver the goods repeatedly or in a different manner than stated in the order, the Buyer is obligated to pay the expenses related to the repeated delivery of the goods or the expenses related to another delivery method.
7.4. When accepting the goods from the carrier, the Buyer is obligated to check that the packaging is not damaged and, in case of any faults, immediately inform the carrier. If the damage suggests unauthorized opening of the consignment, the Buyer does not have to accept the consignment from the carrier.
7.5. Goods delivery terms (e-books, video courses, webinars, relaxations)
a) When buying an e-book, the digital content will be delivered to the email address stated by the Buyer in the order in .docx or .pdf format (e-book) or as a link to download it or launch it after the purchase price is paid.
b) Considering the character of the products, no shipping costs are incurred.
c) After delivery of the goods, the Buyer is obligated to check the functionality and availability of the content as soon as possible and should they find any problems, they are obligated to contact the Seller for the situation to be remedied. The Warranty Terms are stated in Article VIII of these T&C.
d) For digital goods (e-book, video course, webinar, relaxation) to be fully functional, it is required that the Buyer have hardware and software equipment allowing them mainly to open and work with
.docx and .pdf document formats and to play video and audio files. Relaxations and video course content can be played in an internet browser that supports audio playback. The software must contain usual sound codecs. To play online content, it is necessary for the Buyer to be connected to the internet with sufficient connection speed. The Seller is not responsible for inaccessibility of the content in case of failure or slow speed of the Buyer’s internet connection. The Seller reserves the right for the content to be temporarily inaccessible for a short time in case of data maintenance or server failure.
7.6. Goods delivery terms (courses)
a) A course will be delivered (realized) according to the conditions stated in the event description in the online interface or negotiated individually. The client has the right to attend the course on the condition that the full price has been paid. As the provider, we are entitled to unilaterally change the conditions of the educational event chosen by the client e.g. the date, place within the same town/city, and the Buyer will be informed about these changes in advance. The Seller guarantees that the change of conditions will not affect the purpose of the course.
b) A course will take place only if the minimum number of applicants set by the Seller apply and pay for it. Otherwise, or in case of vis major, the Seller reserves the right to cancel the course. The Buyer will be informed about the cancellation of the course in good time and the paid price will be refunded without further delay, within 14 days, unless the parties agree on using the funds on a replacement event chosen by the Buyer or on another solution. Unless otherwise agreed upon, the payment will be refunded in the same manner as it was accepted.
c) The Buyer can have a substitute attend the course instead of them, if they cannot attend the ordered course themselves for serious reasons, if it is acceptable and possible due to the course content. If a substitute is going to attend, the Buyer is obligated to inform the Seller by email or phone as soon as possible, including stating the reason.
8. RIGHTS RELATED TO FAULTY PERFORMANCE (WARRANTY TERMS)
8.1. The rights and obligations of the contracting parties related to faulty performance are governed by applicable generally binding regulations (mainly the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).
8.2. The Seller guarantees to the Buyer that the goods are faultless on accepting delivery. The Seller especially guarantees to the Buyer that at the time the Buyer is accepting the goods:
1) the goods have properties agreed on by the parties and, if there was no agreement, they have the properties the Seller or producer has described or the Buyer has expected with regards to the character of the goods and based on the advertisement used,
2) the goods are suitable for the purpose the Seller states or the purpose the goods are usually used for,
3) the goods are equivalent in quality to a sample or model, if the quality or design has been defined as per the agreed upon sample or model,
4) the goods meet the requirements of legislation.
8.3. If a fault appears within six months after the consumer accepted the goods, it is assumed that the goods were already faulty on acceptance and the Seller further guarantees that no faults will appear within the warranty period, which is 24 months after acceptance of the goods. If the Buyer is an entrepreneur, the Seller is only responsible for faults the goods had on acceptance. The Buyer is obligated to inform the Seller about a fault immediately after they discover it.
8.4. The Buyer exercises their rights related to faulty performance at the Seller’s address or place of business. The moment a claim is raised is considered to be the moment the Seller receives the faulty goods from the Buyer.
8.5. The Seller is obligated to issue the Buyer a written confirmation of the date the Buyer exercised their right containing the subject of the claim and the solution requested by the Buyer; and also a confirmation of the date and method of solving the claim including a confirmation of a repair performed and its duration, or alternatively a written justification of claim rejection.
8.6. The Seller is obligated to handle a complaint including defect elimination without undue delay, no later than 30 days after the complaint was made. The 30-day period after the complaint was made can be extended when negotiated with the consumer – such extension shall not be for an indefinite or excessive period. After the period or the extended period is up, it is assumed that the defect did in fact exist and the consumer has the same rights as if it was a defect that could not be eliminated.
8.7. After a complaint has been resolved, the Seller will notify the Buyer about the fact by phone, text message, or email. If the goods were sent via a carrier, they will automatically be shipped to the Buyer’s address.
8.8. After an accepted complaint has been resolved by repairing or changing the goods, the warranty is extended by the amount of time it took to resolve the complaint. The time it takes to resolve a complaint is calculated from the day following the day the complaint was made to the day the Buyer was informed it has been resolved.
8.9. The Buyer has the right to be compensated for expedient expenses related to making a justified complaint. These expenses are understood as the lowest necessary.
9. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
9.1. The Buyer takes ownership of the goods by paying the full purchase price of the goods.
9.2. The Seller is not bound by any codes of conduct in relation to the Buyer as per the provision of Section 1826 Subsection 1 e) of the Civil Code.
9.3. Out-of-court complaints of consumers are handled by the Seller at the email address firstname.lastname@example.org. The Seller will send a notice to the Buyer’s email address when the complaint has been dealt with.
9.4. The Seller is authorized to sell goods on the basis of a trade certificate. Trade inspection is carried out by the relevant trade register office within its competence. Supervision over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority also performs limited supervision over compliance to Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.5. Digital goods and all information the Buyer gains in a course are protected by business secret protected by copyright and it is not possible, without explicit consent of the Seller, to pass it on to third persons, to edit, expand and copy it in full or partial extent, use it for any commercial purposes or publish it elsewhere or allow other people to use it, when it is intended solely for the Buyer to use. The goods are intended for educational and informational purposes and they have been created using personal knowledge and experience of the Seller. They are tutorials and recommendations and the quality of results achieved with them depends on the Buyer’s abilities and other factors. The goods cannot replace personal consultation, therapy and are not a healthcare service, so they do not replace medical care or other kinds of healthcare. The Seller is not responsible for potential failure of the Buyer to apply the methods, advice and recommendations provided by the goods.
9.6. The Buyer is fully responsible for themselves, their decisions and actions towards themselves and others during the whole duration of the course. The course is not a substitute for medical or psychotherapeutic care. At the same time, it is recommended to discuss taking part in the course with the Buyer’s doctor. Each participant is responsible for potential damages incurred on themselves or other people by taking imprudent or other actions or for damages they incur on the property and equipment of the premises where the course is taking place.
9.7. The Buyer is obligated not to disturb the course of the course they are participating in, where late arrival is considered a disturbance as well. The Seller is entitled to exclude the Buyer from participating in the course or its part if the Buyer does not respect these T&C and as a result harms the course, other clients or the instructor in any way, or if they disrupt the course, or its individual parts, by acting inappropriately (i.e. not following the rules of good manners). If the Buyer is expelled from the course, they are not entitled to a refund of the price paid, not even a part thereof.
10.1. Protection of the personal data of the Buyer, who is a natural person, is covered by Act No. 101/2000 Coll., on Personal Data Protection, as amended and by Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The Buyer understands that processing of personal data: name and surname, address of residence, identification number, tax identification number, email address, phone number and [Z2] (hereinafter collectively referred to as “personal data”) is, in case of buying goods, necessary for fulfilment of the contract of which a data subject in accordance with Article 6, Section 1 a) of the regulation is a party.
10.2. The Buyer agrees with personal data processing for the purpose of exercising the rights and obligations of the purchase contract.
10.3. Osobní údaje poskytnuté pro účely vedení uživatelského účtu, pro účely zasílání informací a obchodních sdělení kupujícímu, mohou být zpracovávány kupujícím, jako správcem internetových stránek jedině po udělení souhlasu (zde odkaz na souhlas) se zpracováním osobních údajů v celém rozsahu dle tohoto článku není podmínkou, která by sama o sobě znemožňovala uzavření kupní smlouvy.
10.4. The Buyer understands that they are obligated to state their personal data correctly and truthfully and to inform the Seller about any change in their personal data without undue delay.
10.5. The Seller may authorize a third person to be the processor of the Buyer’s personal data. With the exception of the carrier delivering the goods, the Buyer’s personal data will not be passed on to third persons without the Buyer’s prior consent.
10.6. The Buyer’s personal data will be processed for the period necessary to fulfil the obligation to archive accounting documents according to accounting laws. Personal data will be processed in electronic form in an automated way or in printed form in a non-automated way.
10.7. The Buyer confirms that the personal data provided are accurate and that they were informed that the personal data are provided voluntarily.
10.8. In case the Buyer thinks the Seller or processor processes their personal data in a way that violates the protection of the Buyer’s private and personal life or the law, especially if the personal data are inaccurate with regards to the purpose of their processing, they can:
10.8.1.ask the Seller or processor to explain the personal data processing,
10.8.2.ask the Seller or processor for information on what personal data they process,
10.8.3.have the right to turn to the Controller or the Office for Personal Data Protection if they have doubts about the obligations related to personal data protection being met,
10.8.4.demand for the Seller or processor to remedy the situation.
11.1. The Buyer may receive deliveries to the email address stated in their user account or stated in the order by the Buyer.
12. FINAL PROVISIONS
12.1. If the relationship based on the purchase contract contains an international (foreign) aspect, the parties agree that the relationship is subject to Czech legislation. This does not affect the consumer’s rights arising from generally binding legislation.
12.2. If any of the provisions of the Terms and Conditions is invalid or ineffective, or becomes such, a provision most similar to the invalid one replaces it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the purchase contract of the Terms and Conditions must be made in writing.
12.3. The contract including Terms and Conditions is archived by the Seller in an electronic form and is not accessible.
12.4. The sample form for withdrawal from the purchase contract is an annex to the Terms and Conditions.
12.5. The Seller’s contact information: mailing address Jemné zrození s.r.o. based in Dolní Lištná 108, Třinec, 739 61, email address email@example.com, phone number +420 736 413 036, +420 724 127 520.
12.6. The governing legislation is the valid legislation governing the relation between the Client and the Provider. It is mainly Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “CC”) and, in cases where the Client is a consumer, also Act No. 634/1992 Coll., on Consumer Protection. Personal data protection is governed mainly by Act No. 101/2000 Coll., on Personal Data Protection and Regulation (EU) 2016/679 of the European Parliament and of the Council, referred to as GDPR.
In reaction to the amendment of the Act on Consumer Protection listed under No. 378/2015 Coll., we inform that consumer disputes which are not settled between the Buyer and the Seller to the Buyer’s satisfaction can be inspected out-of-court by the Czech Trade Inspection Authority (www.coi.cz), the entity appointed by law, if the Buyer requests it. A motion to the Czech Trade Inspection Authority is submitted by the Buyer. The Czech Trade Inspection Authority will present an independent and non-binding expert opinion based on the presented documents. Another platform for submitting a motion is the online app ODR, which can be found under this link.