New regulation for US market […]
COMMERCIAL TERMS AND CONDITIONS
Sunny Computer Technology Europe, s.r.o.
registered seat: Trnkova 156, 628 00, Brno
identification number: 26920026
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 45581
for the sale of goods through an on-line business on the internet at www.sunny-euro.com
1.1. These Commercial Terms and Conditions (hereinafter the “Terms”) of Sunny Computer Technology Europe s.r.o., a limited liability company with its seat at: Trnkova 156, 628 00, Brno, Reg. No.: 26920026, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 45581 (hereinafter the “Seller”) hereby amend in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the parties’ mutual rights and obligations arising in connection with or based on the Purchase Agreement (“Purchase Agreement”), entered into between the Seller and another party (the “Buyer”).
1.2. Provisions that deviate from the Terms may be agreed upon in the Purchase Agreement. Deviating provisions of the Purchase Agreement shall have priority over the provisions of the Terms.
1.3. The provisions of the Commercial Terms and Conditions are an integral part of the Purchase Agreement. The Commercial Terms have been prepared in the Czech language.
1.4. The Seller may change or add to the wording of the Terms. This provision shall not affect the parties’ rights and obligations that arise during the effectiveness of the prior wording of the Commercial Terms and Conditions.
User Account at the www.sunny-euro.com Website
2.1. Based on the Buyer's registration (carried out by the Seller), the Buyer may access the Buyer’s user interface. From the user interface (“User Account”), the Buyer may determine the price of goods and submit orders for them. If the e-shop's website enables it, the Buyer may also order goods without registration directly from the e-shop’s website.
2.2. Upon ordering the goods, the Buyer shall be required to state all details truthfully and accurately. The Buyer shall be required to update the data specified in the User Account in the event of their change. The data specified by the Buyer in the User Account and during the ordering of goods shall be considered accurate by the Seller.
2.3. The access to the User Account is secured by a user name and password. The Buyer is required to protect the confidentiality of all information essential for access to the User Account.
2.4. The Buyer is not authorised to enable use of the User Account by third parties.
2.5. The Seller may cancel the User Account, particularly if the Buyer does not use the User Account for a period of more than 1 year, or if the Buyer breaches any obligations under the Purchase Agreement (including these Commercial Terms and Conditions).
2.6. The Buyer hereby bears in mind that the User Account will not need to be accessible continuously, particularly in view of the necessary maintenance of the Seller’s hardware and software and any necessary maintenance of third parties’ hardware and software.
Entering into the Purchase Agreement
3.1. All presentations of the goods on the e-shop’s website is informative in character, and therefore the Seller is not required to enter into a Purchase Agreement regarding such goods. Section 1732 (2) of the Civil Code shall not be used.
3.2. The website of the e-shop contains information about the goods, including the prices of individual goods (only for registered customers). The prices and currency of the goods are specified exclusive of VAT and related fees. The prices of the goods shall remain valid for as long as they are displayed on the e-shop's website. This provision shall not limit the Seller’s option to enter into a Purchase Agreement under individually agreed conditions.
3.3. The e-shop's web interface does not provide information about costs related to the packaging and delivery of the goods. Information about the costs related to packaging and delivery of the goods can be found in the confirmation of the order or on the invoice.
3.4. The Seller is always entitled depending on the character of the order (the quantity of the goods, the amount of the purchase price and the expected costs for transport) to ask the Buyer for an additional confirmation of the order (e.g. in writing or by phone).
3.5. The contractual relationship between the Seller and the Buyer shall be established upon delivery of the notice of acceptance of the order, which the Seller will send to the Buyer by e-mail to the Buyer’s specified e-mail address or by phone.
3.6. The Buyer grants consent for the use of remote communication means upon entry into the Purchase Agreement. The costs that arise for the Buyer during use of remote communication means in connection with the entry into the Purchase Agreement (costs for internet connection, costs for phone calls) shall be paid by the Buyer alone, and these costs shall not differ from the basic rate.
Price of the Goods and Payment Conditions
4.1. The Buyer may pay the price for the goods and potential costs related to the delivery of the goods in accordance with the Purchase Agreement to the Seller in the following ways:
- By C.O.D. at a location specified by the Buyer in the order;
- By bank transfer to the Seller’s bank account number 1520570001/5500, maintained at Raiffeisenbank a.s. (the “Seller’s Account”).
4.2. Together with the purchase price, the Buyer shall be required to pay the Seller for expenses connected with packaging and delivery of the goods in the contractually agreed amount. Unless otherwise specified, the Purchase Price shall also be understood as costs related to the delivery of the goods.
4.3. The Seller shall not require payment of an advance or another similar payment from the Buyer. This shall not affect the provisions of Article 4.6 of the Commercial Terms and Conditions regarding the obligation to pay the purchase price for the goods in advance.
4.4. In the event of a C.O.D. payment, the purchase price shall be due upon takeover of the goods. In the event of a non-cash payment, the purchase price shall be due by the date specified on the invoice.
4.5. In the event of a non-cash payment, the Buyer shall be required to pay the purchase price for the goods together with specification of the payment variable symbol. In the event of a non-cash payment, the Buyer's obligation to pay the purchase price shall be fulfilled upon the posting of the respective amount to the Seller’s Account.
4.6. The Seller shall be required, in particular if the Buyer does not additionally confirm the order (Article 3.6), to demand payment of the entire purchase price prior to sending of the goods to the Buyer. Section 2119 (1) of the Civil Code shall not be used.
4.7. Potential discounts from the price of the goods provided by the Seller to the Buyer may not be mutually combined.
4.8. If usual in business relationships or if required by applicable law, the Seller shall issue the Buyer a tax document (invoice) for payments made based on the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the tax document (invoice) to the Buyer when the goods are sent and shall send it in electronic form to the Buyer’s e-mail address or in printed form together with the goods.
Withdrawal from the Purchase Agreement
5.1. The Buyer hereby bears in mind that in accordance with the provisions of Section 1837 of the Civil Code, among all else the Buyer may not withdraw from a Purchase Agreement regarding delivery of goods which have been modified based on the wishes of the Buyer or another party, from a Purchase Agreement regarding delivery of perishable goods or regarding goods which after delivery have been irreversibly mixed with other goods, from a Purchase Agreement on delivery of goods in sealed packaging, which the consumer has removed from the packaging and which due to sanitary reasons cannot be returned, or from a Purchase Agreement regarding delivery of audio or video recordings or computer programs, if their original packaging has been breached.
5.2. Unless the situation specified in Article 5.1 of the Commercial Terms or another situation in which the Purchase Agreement cannot be withdrawn from is involvement, the Buyer in accordance with the provisions of Section 1829 (1) of the Civil Code shall be entitled to withdraw from the Purchase Agreement even without specifying a reason within fourteen (14) days of the takeover of the goods, and if the subject of the Purchase Agreement consists of multiple types of goods or delivery of multiple parts, then this period shall begin running as of the date of receipt of the last delivery of the goods. The notice of withdrawal from the Agreement must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the notice of withdrawal from the Purchase Agreement to the address of the Seller’s operating facility or to the Seller's e-mail address firstname.lastname@example.org.
5.3. If the Purchase Agreement is withdrawn from under Article 5.2 of the Commercial Terms and Conditions, the Purchase Agreement shall be cancelled retroactively. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall be responsible for the costs connected with the return of the goods to the Seller, even if the goods cannot be returned regularly via the postal system due to their nature.
5.4. In the event of withdrawal from the Agreement according to Article 5.2 of the Commercial Terms and Conditions, the Seller shall return the funds accepted from the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the funds were accepted from the Buyer by the Seller. The Seller shall also be entitled to return fulfilment provided by the Buyer upon the return of the goods by the Buyer or in another manner, if the Buyer so agrees and if such action does not result in additional costs for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be required to return received monetary funds to the Buyer sooner than when the Buyer returns the goods to the Seller or proves that they have been sent to the Seller.
5.5. The Seller shall be entitled unilaterally to apply entitlement to compensation for damage to the goods against the Buyer’s entitlement to a refund of the purchase price.
5.6. Until the goods are taken over by the Buyer, the Seller shall be entitled to withdraw from the Purchase Agreement at any time. In such case, the Seller shall promptly return to the Buyer the purchase price by bank transfer to the account specified by the Buyer.
5.7. If together with the goods a gift is provided to the Buyer, a donation agreement between the Seller and the Buyer shall be entered into with a severance condition, stipulating that if the Buyer withdraws from the Agreement, the donation agreement regarding such gift shall lose effectiveness, and the Buyer shall be required together with the goods to also return the provided gift to the Seller.
Transport and Delivery of Goods
6.1. If the transport method is contractually agreed upon based on a special request from the Buyer, the Buyer shall bear the risk and potential additional costs related to such transport method.
6.2. If the Seller is required under the Purchase Agreement to deliver the goods to a location specified by the Buyer in the Order, the Buyer shall be required to take possession of the goods upon their delivery.
6.3. If due to reasons on the Buyer’s side it becomes necessary to deliver goods repeatedly or in a manner other than that specified in the Order, the Buyer shall be required to pay the costs related to repeat delivery of the goods and the costs related to a different delivery method.
6.4. Upon acceptance of the goods from the shipper, the Buyer shall be required to check that the packaging for the goods has not been breached, and in the event of any defects to notify the shipper promptly. If a breach of the packaging is discovered from which it is apparent that the shipment has been tampered with by an unauthorised party, the Buyer will not be required to accept the parcel from the shipper.
6.5. Additional rights and obligations of the parties during the transport of the goods may be defined by special delivery terms of the Seller, if issued.
Rights Stemming from Defective Fulfilment
7.1. The parties’ rights and obligations related to rights stemming from defective fulfilment shall be governed by applicable legislation (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be responsible for ensuring the Buyer that the goods lack defects. In particular, the Seller shall be responsible for ensuring the Buyer at the time when the consumer takes over the goods that:
7.2.1. The goods have the properties agreed upon between the parties, and if such agreed arrangement does not exist, that they then have properties which the Seller and/or the manufacturer have described or which the Buyer expected in view of the nature of the goods and based on advertising,
7.2.2. The goods are suitable for the purpose for which their use is specified by the Seller or for which goods of this type are normally used,
7.2.3. The goods have the level of quality and design corresponding to the contractually agreed sample or pattern, if the quality and/or design has been determined according to such contractually agreed sample or pattern,
7.2.4. The goods are in the appropriate quantity, level of quality or weight, and
7.2.5. The goods fulfil the requirements of legislation.
7.3. The provisions specified in Article 7.2 of the Commercial Terms and Conditions are not used for goods sold for a lower price due to a defect for which the lower price was agreed upon, due to wear of the goods caused by regular use, for used goods due to a defect corresponding to the level of use and wear, which the goods had upon acquisition by the Buyer, or if otherwise implied by the nature of the goods.
7.4. If the defect appears within a period of six months from acceptance, then it shall be assumed that the goods were already defective at the time of their acceptance. The Buyer shall be entitled to exercise rights from defects that occur in the consumer goods within 24 months from the acceptance of the goods.
7.5. The Buyer shall exercise rights stemming from defective fulfilment in relation to the Seller at the address of the Seller’s operating facility, in which the acceptance of a claim is possible in view of the assortment of sold goods and/or at the registered seat or place of business. The moment when the claim is applied shall be understood as the moment when the Seller received the goods which were the subject of the claim from the Buyer.
7.6. Additional rights and obligations of the parties relating to the Seller’s liability for defects may be defined by the Seller’s Complaint Rules.
Contracting Parties' Other Rights and Obligations
8.1. The Buyer shall acquire ownership of the goods by paying the entire purchase price for them.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct as defined by the provisions of Section 1826 (1) (e) of the Civil Code.
8.3. Under Act No. 634/1992 Coll., on consumer protection, the Consumer shall be entitled to an out-of-court settlement in the event of a dispute with a business operator. The authority with relevant jurisdiction for out-of-court resolution of such dispute shall be the Czech Trade Inspection Authority. Details regarding out-of-court settlement are specified at the website of the Czech Trade Inspection Authority, www.coi.cz.
8.4. The Seller is entitled to sell goods based on a trade licence. The Trade Licensing Authority shall exercise its relevant jurisdiction to check the validity and effectiveness of trade licences. The Czech Personal Data Protection Office shall perform supervision over personal data protection. The Czech Trade Inspection Authority shall to a limited extent perform tasks including supervision of compliance with Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
8.5. The Buyer hereby accepts the risk of a change of circumstances pursuant to Section 1765 (2) of the Civil Code.
Personal Data Protection
9.1. The protection of the personal data of a Buyer who is an individual is provided under Act No. 101/2000 Coll., the Personal Data Protection Act, as amended.
9.2. The Buyer agrees to the processing of the following personal data: full name, residential address, Reg. No., Tax ID No., e-mail address, phone number (“Personal Data”).
9.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of realisation of rights and obligations stemming from the Purchase Agreement and for the purposes of maintaining a User Account. If the Buyer does not choose a different option, the Buyer then agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial disclosures to the Buyer. Consent for processing of personal data in full under this Article is not a condition which itself would prevent the Purchase Agreement from being entered into.
9.4. The Buyer hereby bears in mind that they are required to state personal data accurately and truthfully and is required without undue delay to inform the Seller of any changes in personal data.
9.5. The Seller may entrust a third party processor to process the Buyer's personal data. Aside from persons transporting goods, personal data shall not be provided to any third parties without the Buyer’s prior consent.
9.6. Personal data shall be processed for an indefinite period of time. Personal data shall be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer hereby confirms that the personal data is accurate and that the Buyer has been informed that the provision of personal data is voluntary.
9.8. If the Buyer believes that the Seller or the processor (Article 9.5) is carrying out processing of personal data in a manner that violates the Buyer’s personal privacy or in a manner that conflicts with the law, particularly if the personal data is inaccurate in view of the purpose of their processing, the Buyer may:
9.8.1. Ask the Seller or processor for an explanation,
9.8.2. Require that the Seller or processor rectify such situation.
9.9. If the Buyer requests information about the processing of personal data, the Seller shall be required to provide such information. The Seller is entitled within the provision of information according to the previous sentence to require reasonable payment not exceeding the essential costs for providing information.
Sending of Commercial Disclosures and Saving of Cookies
10.1. The Buyer hereby agrees to the sending of information relating to goods, services or the business entity of the Seller to the Buyer’s e-mail address and agrees to the sending of commercial disclosures by the Seller to the Buyer’s e-mail address.
Delivery of Correspondence
11.1. Correspondence may be delivered to the Buyer’s e-mail address.
12.1. To the extent that the relationship established under the Purchase Agreement contains an international (foreign) element, the parties’ relationship shall be governed by Czech law. This shall be without prejudice to consumer rights stemming from applicable legislation.
12.2. Should any provisions of the Commercial Terms and Conditions be found to be or become invalid or ineffective, then such invalid and/or ineffective provisions shall be replaced by provisions with a meaning that corresponds as closely as possible to the purpose of the replaced provisions. Such invalidity or ineffectiveness of one provision of the Agreement shall not affect the validity of the rest of the provisions.
12.3. The Purchase Agreement, including the Commercial Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
12.4. Seller's contact information: address for correspondence: Sunny Computer Technology Europe, s.r.o., Trnkova 156, 628 00, Brno, e-mail address email@example.com, phone number +420 775550012.
In Brno dated 1 March 2017 Petr Nešpor