Terms and conditions
TERMS AND CONDITIONS
company 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941,registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 7084 (hereinafter referred to as “Terms and Conditions”)
for the sale of goods through the online shop of www.5mfencing.com as well as for the provision of services ordered through the online shop.
ARTICLE 1 - INTRODUCTORY PROVISIONS
1.1 Terms and Conditions of the company 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 7084 (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website www.5mfencing.com (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Shop web interface”). The Terms and Conditions further govern the mutual rights and obligations arising under the Contract for Work (hereinafter referred to as the “Work Contract”) concluded between the Seller as a provider or contractor and another natural person (hereinafter referred to as the “Ordering Party”) through the Seller’s online shop.
1.2 The Purchase Contract and the Work Contract are hereinafter collectively referred to as the “Contracts”,separately as the “Contract”. The Buyer and the Ordering Party are referred to as the “Buyer”. The Internet address www.5mfencing.com is hereinafter also referred to as the “Webshop”.
1.3 These Terms and Conditions also include legislation regarding the processing of personal data.
1.4 These Terms and Conditions do not regulate the terms of contracts that are concluded through the website with a legal entity or a natural person who acts when ordering goods or services during the course of their business or during the course of independently exercising their profession.
1.5 Provisions deviating from these Terms and Conditions can be negotiated in contracts individually. Different arrangements in contracts take precedence over the provisions of these Terms and Conditions.
1.6 These Terms and Conditions are an integral part of contracts. Contracts according to these Terms and Conditions are concluded according to Czech law, according to the valid legislation of the Czech Republic. Contracts are always drawn up in Czech, but can, at the customer's request, also be drawn up in English.
1.7 The Seller may unilaterally amend or supplement these Terms and Conditions. This provision is without prejudice to the rights and obligations of the parties arising during the effective period of the previous version of the Terms and Conditions.
1.8 The provisions of these Terms and Conditions shall apply by analogy to the supply of services provided by the Seller, either separately or in connection with the purchase of goods, even if this is not expressly stated in the individual provisions.
ARTICLE 2 – USER ACCOUNT
2.1 Based on the buyer's registration on the website, the Buyer can access the User Interface. From its User Interface, the Buyer can order goods and services (hereinafter referred to as the “User Account”). If the shop web interface allows it, the Buyer can also order goods without registration directly from the shop web interface.
2.2 When registering on the website and ordering goods and services (even without the appropriate registration), the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data specified in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct and complete by the Seller.
2.3 Access to the User Account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4 The Buyer is not entitled to allow third parties to use the User Account.
2.5 The Seller is entitled to cancel the User Account, especially if the Buyer does not use their User Account for more than 12 months, or if the Buyer breaches their obligations under the contracts (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.
ARTICLE 3 – PROCEDURE FOR CONCLUDING THE PURCHASE CONTRACT
3.1 All presentation of goods and services placed in the shop web interface is informative. It therefore does not constitute a legally binding offer and does not oblige the Seller to therefore conclude a contract regarding these goods. This is a non-binding informational catalogue that is merely an invitation to place binding orders. Section 1732 (2) of the Civil Code does not apply.
3.2 The shop web interface contains information about goods and services, including prices of individual goods and services. The prices of goods and services are stated including value added tax at the statutory rate. The prices of goods and services remain valid as long as they are displayed in the shop web interface of the online shop. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually negotiated conditions.
3.3 The shop web interface also contains information about the costs associated with the packaging and delivery of goods or services. Information on the costs associated with the packaging and delivery of goods or services specified in the shop web interface applies only in cases where the goods or services are delivered within the territory of the Czech Republic. To order goods or services, the Buyer fills in the order form in the shop web interface.
The order form contains in particular information about:
3.3.1 the ordered goods or services (the Buyer “puts” the ordered goods or services into the electronic shopping cart of the shop web interface);
3.3.2 the method of payment of the purchase price of the goods or services, details of the required method of delivery of the goods or services ordered; and
3.3.3 information on the costs associated with the delivery of the goods or services (hereinafter collectively referred to as the "Order").
3.4 Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, even with regard to the Buyer's ability to detect and correct errors made when entering data into the order. By clicking the “Order binding on payment” button, the Buyer submits a binding order for the good or service in the shopping cart, which cannot include any change or other deviation from the presented good or service. Confirmation of receipt of the Order is issued after the Order is sent and does not constitute acceptance of the contract. The Seller is entitled to reject or accept the Buyer’s order by sending an order confirmation e-mail to the Buyer’s electronic address (hereinafter referred to as the “Buyer’s e-mail address”) as specified in the User Interface or in the Order, or by sending the goods or providing the service within two days.
3.5 The Buyer agrees to use means of distance communication when concluding contracts. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of contracts (cost of internet connection, telephone costs) are borne by the Buyer, insofar as these costs do not differ from the basic rate.
ARTICLE 4 – PURCHASE PRICE, TERMS OF PAYMENT
4.1 The price of goods and services and any costs associated with the delivery of goods and services under concluded contracts may be paid by the Buyer to the Seller in the following ways:
4.1.1 in cash when collecting the goods in person at the Seller's registered office at Tupolevova 710, 199 00 Prague 18 by prior arrangement;
4.1.2 when collecting the goods in person in cash at the reception of the BB Arena sports centre, Tupolevova 710, 199 00 Prague 18 - possible receipt of online orders Mon-Fri, 7 a.m.-10 p.m. and Sat-Sun, 9 a.m.-9 p.m.
4.1.3 payment on delivery at the place specified by the Buyer in the Order; through delivery services provided by the following entities: Czech Post, Uloženka, Zásilkovna, DPD, etc. (payment on delivery is charged at the amount stated on the Seller's website);
4.1.4 by wire transfer to the Seller's account no. 2501708524/2010, maintained with FIO a.s. (hereinafter referred to as the "Seller’s account");
4.1.5 cashless via GO PAY through www.5mfencing.com;
4.1.6 cashless via Google Pay;
4.1.7 cashless via Apple Pay;
4.1.8 by payment card at the Seller's shop located at Tupolevova 710, 199 00 Prague 18.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods to the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price for the goods in advance.
4.4 In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods or receipt of the service. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the Purchase Contract.
4.5 In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol for the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's Account.
4.6 The Seller is entitled to demand payment of the full purchase price for certain goods or services for which it expressly states so before sending the goods to the Buyer. Section 2119 (1) of the Civil Code does not apply.
4.7 Any discounts on the price of goods and services provided by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Contract. The Seller is a payer of value added tax. The tax document – invoice - is issued by the Seller to the Buyer after payment of the price of the goods and is sent in electronic form to the Buyer's e-mail address.
ARTICLE 5 – WITHDRAWAL FROM CONTRACTS FOR THE SUPPLY OF GOODS AND SERVICES
5.1 The Buyer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the date on which the Buyer physically accepts the goods, as well as from the receipt of the goods by another person instead of the Buyer, with exception to the carrier.
5.2 To exercise the right of withdrawal, the Buyer must contact the Seller (5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 7084) and inform the Seller of their decision to withdraw from the Purchase Contract on the basis of an unequivocal statement (e.g. a letter sent by post to: 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, by e-mail sent to: info@5mfencing.com or via databox). The Buyer is entitled to use the model withdrawal form, but this is not mandatory.
5.3 In order to comply with the withdrawal period, it is sufficient for the Buyer to send their communication regarding their desire to exercise the right of withdrawal to the Seller before the expiry of the withdrawal period.
5.4 If the Buyer withdraws from the contract, the amount paid by the Seller, including the cost of delivery (with the exception of increased costs resulting from the Buyer choosing a type of delivery other than the least costly type of standard delivery offered by the Seller), shall be refunded to the Buyer without undue delay and in any event no later than 14 days from the date on which the Seller receives information about the Buyer's decision to withdraw from the contract. The Seller will refund the amount paid to the Buyer's account specified in the withdrawal; the Buyer will not be charged any fees as a result of this return. The refund may be delayed by the Seller if they do not receive the goods back or until the Buyer provides proof that they have sent the goods back, whichever comes first.
5.5 The Buyer is obliged to send the goods back or hand them over to the Seller or the chosen carrier (e.g. PPL, DPD, Czech Post, Zásilkovna, etc.) without undue delay and in any event no later than 14 days from the date on which the Buyer informs the Seller that they are withdrawing from the Purchase Contract. The deadline is met if the Buyer sends the goods back before the expiry of the 14-day period.
5.6 The Buyer is only liable for any diminished value of the goods resulting from the handling thereof other than what is necessary in view of their nature, characteristics and function.
5.7 Sample withdrawal form:
This form can be completed and subsequently returned to the Seller if the Buyer wishes to withdraw from the contracts:
by post to 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941
e-mail: info@5mfencing.com, or via databox.
I hereby notify you that I am withdrawing from my contract with regards to:
the purchase of the following goods*:
the provision of the following service*:
ordered*/received* on:
Customer name:
Customer address:
Customer signature (only if this form is printed on paper):
Date
________________________________
* Delete where not applicable.
5.8 Exclusion/termination of the right of withdrawal:
5.8.1 Pursuant to Section 1837 of the Czech Civil Code, the right of withdrawal is excluded especially in the case of contracts for the supply of goods that (a) have been modified according to the wishes of the consumer or only for their person or (b) are perishable or (c) have been delivered in a sealed package and after delivery have been removed from the package and cannot be returned for hygiene reasons.
5.9 If the Buyer withdraws from the Purchase Contract pursuant to Paragraph 5.1 of Article 5 of these Terms and Conditions, the Purchase Contract is cancelled forthwith. If the Buyer withdraws from the Purchase Contract, the buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.10 Until receipt of the goods by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.
5.11 If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded under the condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift ceases to have effect and the Buyer is obliged to return the provided gift to the Seller together with the goods.
5.12 The Buyer is also entitled to withdraw from the contract for the supply of services until the service is provided and, furthermore, if the ordered service is not performed, properly, on time and to the agreed quality. The Seller is entitled to withdraw from the contract for the delivery of services until the service is provided and, furthermore, in the event that the Buyer fails to pay the agreed price of the services properly and on time.
ARTICLE 6 — TRANSPORT AND DELIVERY OF GOODS AND SERVICES
6.1 If the mode of transport is agreed upon on the basis of a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.3 If for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
6.4 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. If the packaging is found to be broken, indicating unauthorised entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods may be regulated by special delivery conditions of the Seller, insofar as these have been issued by the Seller.
ARTICLE 7 - RIGHTS REGARDING DEFECTIVE PERFORMANCE, WARRANTY, COMPLAINTS
7.1 The rights and obligations of the parties regarding defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller is liable to the Buyer that the goods and services are free from defects upon delivery to the Buyer.
In particular, the Seller is liable to the Buyer that at the time the Buyer receives the goods or services:
7.2.1. the goods (services) have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of advertising carried out by them;
7.2.2. the goods (services) are fit for the purpose stated by the Seller for its use or for which goods of the same kind are usually used;
7.2.3. the goods (services) correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
7.2.4. the goods (services) are in the appropriate quantity, measure or weight; and
7.2.5. the goods (services) comply with legal requirements.
7.3 Unless otherwise specified, claims can be submitted for defective goods or services that occur within 24 months of receipt thereof. The provisions set forth in Article 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods due to a defect corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the Buyer, or if it follows from the nature of the goods.
7.4 If the defect appears within six months of receipt, the goods are deemed to have been defective at the time of receipt.
7.5 Rights arising from defective performance are claimed by the Buyer with the Seller at the address of their premises in Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, at which it is possible to accept a complaint with regard to the range of goods sold, or even at the registered office of the Seller's company Prague 18 – Letňany, Tupolevova 710, Postcode 199 00. The moment of filing a complaint is considered the moment when the Seller received the claimed goods from the Buyer.
7.6 Other rights and obligations of the parties relating to the Seller's liability for defects are regulated by the Seller's complaints procedure.
ARTICLE 8 – OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
8.3 Out-of-court settlement of consumer complaints is provided by the Seller via e-mail info@5mfencing.com . The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's e-mail address specified in the Order.
8.4 The Seller is entitled to sell the goods on the basis of a trade licence. Trade inspection is carried out within the scope of its competence by the relevant Trade Licencing Office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.6 In the event that links to other websites are provided on the Seller's website, the Seller has no influence on the style and content of the linked pages. The Seller hereby distances itself from all content on linked pages of other natural persons and does not accept such content as its own.
8.7 All rights to the photographs belong to 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 7084. Their use without prior express consent is not permitted.
ARTICLE 9 – SENDING COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
9.1 The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's e-mail address and further agrees to receive commercial communications from the Seller to the Buyer's e-mail address, whereby the Buyer may withdraw the consent under the preceding sentence at any time.
9.2 The Buyer agrees to store so-called cookies on their computer. In the event that the purchase on the website can be made and the Seller's obligations under the Purchase Contract fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
9.3 The Seller determines the satisfaction with the purchase through e-mail questionnaires as part of the Customer Verified program, in which the website operating the e-shop is involved. These questionnaires are sent by the Seller to the Buyer for each purchase, unless the Seller refuses to send them to the Buyer within the meaning of Section 7 (3) of Act No. 480/2004 Coll. on Certain Information Society Services. The processing of personal data for the purpose of sending questionnaires under the Customer Verified program is carried out by the Seller on the basis of legitimate interest, which is specifically the determination of the satisfaction of buyers with their purchase on the website. For sending questionnaires, evaluating feedback and analysing market position, the Seller uses a processor, which is the operator of the portal Heureka.cz. For these purposes, the Seller may transmit information about the purchased goods and also the Buyer’s e-mail address. The Buyer's personal data is not passed on to any third party for their own purposes when sending e-mail questionnaires. The Buyer may object to the sending of e-mail questionnaires under the Customer Verified program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. If the Buyer objects, the questionnaire will no longer be sent.
ARTICLE 10 – SERVICE
10.1 The delivery may be to the Buyer’s e-mail address as specified in their User Account or as specified by the Buyer in the Order.
ARTICLE 11 – FINAL PROVISIONS
11.1 If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
11.2 If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the Purchase Contract or Terms and Conditions must be in written form.
11.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4 Information about the Seller:
company 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Czech Republic, Company Registration No.: 427 40 941, VAT No.: CZ42740941
address for delivery of documents: Prague 18 – Letňany, Tupolevova 710, Postcode 199 00,
Databox ID: zsm9zrj
e-mail address: info@5mfencing.com
tel. no.: +420 774 737 710
contact person:
Ing. Jiří Beran Jr., Managing Director, tel.: (+420) 774 737 710, e-mail: info@5mfencing.com.
ARTICLE 12 – TERMS OF PERSONAL DATA PROTECTION
12.1 - Basic provisions
12.1.1 The personal data controller pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data is the company 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Czech Republic, Company Registration No.: 427 40 941 (the ‘Controller’).
In accordance with the provisions of Act No. 110/2019 Coll., on the processing of personal data (hereinafter referred to as the “Personal Data Processing Act”) and in accordance with Article 6 (1) (a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as the “GDPR”), which came into effect on 25 May 2018, the Controller is entitled to collect, store and process personal data as specified in Paragraph 12.1.3 of this Article.
12.1.2 The contact details of the Controller are:
company 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Czech Republic, Company Registration No.: 427 40 941, VAT No.: CZ42740941
address for delivery of documents: Prague 18 – Letňany, Tupolevova 710, Postcode 199 00,
Databox ID: zsm9zrj
e-mail address: info@5mfencing.com
tel.: (+420) 774 737 710
contact person:
Ing. Jiří Beran Jr., Managing Director, tel.: (+420) 774 737 710, e-mail: info@5mfencing.com.
12.1.3 Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
12.1.4 The Controller has appointed a Data Protection Officer. The contact details of the designee are: Ing. Jiří Beran Jr., tel.: (+420) 774 737 710, e-mail: info@5mfencing.com.
12.2 - Sources and categories of personal data processed
12.2.1 The Controller processes personal data provided by a natural person or personal data obtained by the Controller on the basis of fulfilling an order placed in the online store of the Seller/Controller.
12.2.2 The Controller processes the first and last name, date of birth, permanent address, e-mail address, telephone number, bank account number, as well as other data necessary for the performance of the contract.
12.3 - Legal reason and purpose for processing personal data
12.3.1 The legal basis for processing personal data is:
- performance of the Purchase Contract between the Buyer and the Controller pursuant to Art. 6 (1) (b) of the GDPR,
- legitimate interest of the Controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1) (f) of the GDPR;
- consent of the Buyer to the processing for the purpose of providing direct marketing (especially for sending commercial communications and newsletters) pursuant to Article 6 (1) (a) of the GDPR in conjunction with Section 7 (2) of Act No. 480/2004 Coll., on certain information society services in the event of no order for goods or services.
12.3.2 The purpose of personal data processing is in particular:
- processing the Buyer's order and exercising the rights and obligations arising from the contractual relationship (Purchase Contract and Contract for Work) between the Buyer and the Controller; when ordering, personal data are required that are necessary for the successful execution of the Order (name and address, contact details), the provision of personal data is a necessary requirement for the conclusion and performance of the Purchase Contract, without the provision of personal data it is not possible to conclude contracts or fulfill them by the Controller;
- sending commercial communications and doing other marketing activities.
12.3.3 There is automatic individual decision-making within the meaning of Article 22 of the GDPR. You have given your explicit consent to such processing.
12.4 - Data retention period
12.4.1 The Controller keeps personal data:
- for the period necessary to exercise the rights and obligations arising from the contractual relationship between the Buyer and the Controller and the assertion of claims under these contractual relationships (for 15 years from the termination of the contractual relationship);
- until the consent to the processing of personal data for marketing purposes is withdrawn, for a maximum of 10 years if the personal data are processed on the basis of consent.
12.4.2 After the expiration of the retention period, the Controller will delete the personal data.
12.5 - Recipients of personal data (Controller subcontractors)
12.5.1 The recipients of personal data are involved in:
- the delivery of goods / services / making payments under contracts;
- the provision of services for the operation of the e-shop and other services in connection with the operation of the e-shop;
- the provision of marketing services;
- the provision of legal and economic services.
12.5.2 The Controller intends to transfer personal data to a third country (a non-EU country) or an international organisation. The recipients of personal data in third countries are mailing service/cloud service providers.
12.6 - Your rights
12.6.1 Under the conditions set out in the GDPR, the Buyer has:
- the right to access their personal data pursuant to Article 15 of the GDPR;
- the right to rectification of personal data pursuant to Article 16 of the GDPR, or restriction of processing pursuant to Article 18 of the GDPR;
- the right to deletion of personal data pursuant to Art. 17 of the GDPR;
- the right to object to processing pursuant to Art. 21 of the GDPR;
- the right to data portability pursuant to Art. 20 of the GDPR;
- the right to withdraw consent to the processing in writing or electronically to the postal address or e-mail address of the Controller referred to in Article 12, Section 12.1 of these Terms and Conditions.
12.6.2 The Buyer has the right to lodge a complaint with the Office for Personal Data Protection if they believe that their right to the protection and processing of their personal data under the Personal Data Processing Act and GDPR has been violated.
12.7 - Terms of personal data security
12.7.1 The Controller declares that they have taken all appropriate technical and organisational measures to secure personal data.
12.7.2 The Controller has taken technical measures to secure data repositories and personal data repositories in paper form, in particular by securing all IT systems with a password and up-to-date antivirus software.
12.7.3 The Controller declares that only persons authorised by them have access to personal data.
12.8 - Final provisions
12.8.1 By sending an order from the online order form on the website of the Controller, the Buyer confirms that they are familiar with the terms and conditions of personal data protection and processing and that they accept them in their entirety.
12.8.2 The Buyer agrees to these conditions by ticking the consent form on the website. By ticking the consent form, the Buyer confirms that they are familiar with the terms and conditions of personal data protection and that they accept them in their entirety. The Terms and Conditions are simultaneously sent to the Buyer's e-mail address specified in the order for goods or in the registration on the website.
12.8.3 The Controller is entitled to change these Terms and Conditions. The new version of the Personal Data Protection and Processing Policy will be published on the Controller’s website and at the same time it will send the new version of these Terms and Conditions to the Buyer's e-mail address specified in the order for goods or in the registration on the website.
These Terms and Conditions of Protection and Processing of Personal Data are valid as of 14.3.2023.