General Terms and Conditions

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company Brdy Ventures s.r.o., with its registered office at Kurzova 2412/5, 155 00, Prague 5, identification number: 05481601, registered in the Commercial Register maintained by the Municipal Court in Prague (hereinafter referred to as the "Seller") govern, in accordance with Section 1751, paragraph 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 based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another individual (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at the internet address: www.bicistickers.com (hereinafter referred to as the "Website"), through the Website interface (hereinafter referred to as the "Store Web Interface").

1.2. The Buyer is either a consumer or an entrepreneur. A consumer is any individual who, outside the scope of their business activity or profession, enters into a contract with an entrepreneur or otherwise deals with them. At the beginning of a business relationship, the consumer provides the Seller with only the contact information necessary for the smooth processing of the order, or other information they wish to include on purchase documents.

2. The legal relationships between the Seller and the consumer, not explicitly governed by these Terms and Conditions or the contract concluded between the Seller and the consumer, are subject to the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, as well as other applicable regulations.

3. According to Sections 420–422 of the Civil Code, an entrepreneur is understood to be: a person registered in the Commercial Register (mainly business companies), a person who conducts business under a trade license (an entrepreneur registered in the Trade Register), a person conducting business based on other than a trade license under specific regulations (such as free professions like law practice), and a person engaged in agricultural production registered according to specific regulations.

4. The legal relationships between the Seller and the Buyer, who is an entrepreneur, that are not explicitly governed by these Terms and Conditions or the contract concluded between the Seller and the Buyer, are subject to the relevant provisions of the Civil Code, as well as other applicable regulations.

5. An individual contract between the Seller and the Buyer takes precedence over these Terms and Conditions.

6. The Seller and the Buyer are also collectively referred to as the "Contracting Parties".

6.1. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Contract. Any differing provisions in the Purchase Contract take precedence over these Terms and Conditions.

6.2. These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drafted in the Czech language. The Purchase Contract can be concluded in the Czech language.

6.3. The Seller may amend or supplement these Terms and Conditions. Such amendments do not affect rights and obligations that arose under previous versions of the Terms and Conditions.

7. USER ACCOUNT

7.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From this user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). The Buyer can also order goods and services without prior registration directly from the Store Web Interface.

7.2. When registering on the Website and when ordering goods, the Buyer is required to provide accurate and truthful information. The Buyer must update the data in their User Account in case of any changes. The Seller considers the information provided by the Buyer in the User Account and when ordering goods as correct.

7.3. Access to the User Account is secured by a username and password. The Buyer must keep the information necessary to access their User Account confidential.

7.4. The Buyer is not authorized to allow third parties to use the User Account.

7.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 12 months or if the Buyer violates their obligations under the Purchase Contract (including these Terms and Conditions).

7.6. The Buyer acknowledges that the User Account may not be continuously available, especially due to necessary maintenance of the Seller's hardware and software, or necessary maintenance of third-party hardware and software.

8. CONCLUSION OF THE PURCHASE CONTRACT

8.1. All goods presentations placed in the Store Web Interface are of an informative nature, and the Seller is not obligated to conclude a Purchase Contract for these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

8.2. The Store Web Interface contains information about the goods, including the prices of individual items, packaging, and delivery costs. All prices displayed in the Store Web Interface include value-added tax. The prices of the goods remain valid as long as they are displayed in the Store Web Interface. This provision does not limit the Seller’s right to conclude a Purchase Contract under individually agreed conditions.

8.3. The Store Web Interface also provides information on the costs associated with packaging and delivery of the goods. The packaging and delivery costs stated in the Store Web Interface apply only when the goods are delivered within the territory of the Czech Republic.

8.4. To order goods, the Buyer fills out an order form in the Store Web Interface. The order form contains mainly information about:

8.4.1. the ordered goods (the Buyer "adds" the selected goods to the electronic shopping cart in the Store Web Interface or uploads photographs or other image files from their computer storage. After uploading, the Buyer adjusts the dimensions as previously chosen. Before finalizing the order, the Buyer checks the visual appearance of the uploaded files and then places the order),

8.4.2. the preferred delivery method of the ordered goods,

8.4.3. the payment method for the goods or services (collectively referred to as the "Order").

8.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the information they have entered in the Order, even with regard to the Buyer's ability to detect and correct errors made during data entry. The Buyer submits the Order to the Seller by clicking on the “SUBMIT ORDER” button. The Seller considers the information provided in the Order as correct. The Seller will immediately confirm receipt of the Order by email, sent to the Buyer's email address specified in the User Account or in the Order (hereinafter referred to as the "Buyer’s Email Address").

8.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, expected delivery costs), to request additional confirmation of the Order from the Buyer (for example, in writing or by phone).

8.7. The contractual relationship between the Seller and the Buyer arises upon the receipt of the Order acceptance, which the Seller sends to the Buyer via email to the Buyer’s Email Address.

8.8. The Buyer agrees to the use of remote communication means for concluding the Purchase Contract. The Buyer bears the costs incurred while using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone costs), which do not differ from the basic rate.

8.9. If circumstances of force majeure arise that prevent the Seller from fulfilling contractual obligations, the Seller is entitled to reasonably extend the delivery period or withdraw from the contract. The Seller bears no responsibility for any damage caused. In the event of withdrawal from the contract, the Seller shall notify the Buyer and promptly refund the price paid for the ordered goods or services by the same payment method used by the Buyer, or to a bank account specified by the Buyer.

8.10. The Seller reserves the right to visually inspect the content of images or photographs uploaded by the Buyer or other persons to storage accessible to the Seller. The Buyer agrees not to order the production of photographs with inappropriate content (e.g., images depicting child pornography, cruel or inhumane acts, or erotic content). The Seller declares that the production process of photographs with inappropriate content (e.g., nudity) will be suspended.

9. PRICE OF GOODS AND PAYMENT TERMS

9.1. The Buyer may pay the Seller the price of the goods and any costs associated with delivery as per the Purchase Contract in the following ways:

• Cashless transfer to the Seller’s account no. 2801084020/2010, maintained by Fio banka, a.s. (hereinafter referred to as the "Seller’s Account");

• Quick bank transfer to the Seller’s account no. 2801084020/2010, maintained by Fio banka, a.s. (hereinafter referred to as the "Seller’s Account");

• By card through the GoPay payment gateway.

9.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the agreed packaging and delivery costs. Unless expressly stated otherwise, the purchase price is understood to include the delivery costs.

9.3. In the case of cashless payment, the Buyer must include the payment’s variable symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.

9.4. The Seller is entitled, especially if the Buyer does not provide additional Order confirmation (clause 3.6), to request payment of the entire purchase price before shipping the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code do not apply.

9.5. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

9.6. If it is customary in business or 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 not a VAT payer. The Seller will issue the tax document – invoice to the Buyer after the price of the goods is paid and send it electronically to the Buyer's Email Address.

10. WITHDRAWAL FROM THE PURCHASE CONTRACT

10.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Contract for the delivery of goods that have been customized according to the Buyer’s wishes or for their person, the Purchase Contract for the delivery of perishable goods, goods that have been irrevocably mixed with other goods after delivery, for the delivery of goods in a sealed package that the consumer has unsealed and which cannot be returned for hygienic reasons, or for the delivery of sound or video recordings or computer programs if the original packaging has been opened.

10.2. If it is not a case specified in clause 5.1 of the Terms and Conditions or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods. In cases where the Purchase Contract involves multiple types of goods or parts, this period starts from the day the last delivery of the goods is received. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract to the address of the Seller's establishment or to the Seller's email address: [email protected].

10.3. In the event of withdrawal from the Purchase Contract, the contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws from the Purchase Contract, they bear the costs of returning the goods to the Seller, even if the goods cannot be returned by regular postal means due to their nature.

10.4. In the event of withdrawal from the Purchase Contract under these Terms and Conditions, the Seller shall refund the funds received from the Buyer within fourteen (14) days of the withdrawal, in the same manner in which the Seller received the funds from the Buyer. The Seller is also entitled to return the payment already provided by the Buyer when returning the goods or in another manner if the Buyer agrees and no additional costs are incurred. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds until the Buyer returns the goods or proves that they have sent the goods to the Seller.

10.5. The Seller is entitled to unilaterally offset a claim for damages to the goods against the Buyer’s claim for a refund of the purchase price.

10.6. In cases where the Buyer has the right to withdraw from the Purchase Contract under Section 1829, paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time before the Buyer takes possession of the goods. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.

10.7. If a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift agreement for such a gift ceases to be effective, and the Buyer is required to return the provided gift along with the goods.

11. TRANSPORTATION AND DELIVERY OF GOODS

11.1. If the method of transport is agreed upon based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

11.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

11.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a different method than specified in the Order, the Buyer is obliged to cover the costs associated with repeated delivery or alternative delivery method.

11.4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the goods packaging and to immediately notify the carrier of any defects. If there is evidence of unauthorized entry into the shipment, the Buyer may refuse to accept the shipment from the carrier.

11.5. Additional rights and obligations of the parties concerning the transportation of goods may be regulated by the Seller's special delivery terms, if issued by the Seller.

11.6. The Seller provides the following transportation and delivery methods:

• sending goods through a carrier selected by the Buyer on the Website.

12. RIGHTS FROM DEFECTIVE PERFORMANCE

12.1. The rights and obligations of the contracting parties regarding defective performance are governed by the relevant general binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

12.2. The Seller guarantees to the Buyer that the goods are free from defects upon receipt. Specifically, the Seller guarantees that at the time the Buyer takes possession of the goods:

12.2.1. the goods have the qualities agreed upon by the parties, and if no agreement has been made, they have the qualities described by the Seller or manufacturer or expected by the Buyer given the nature of the goods and based on the advertising they conducted,

12.2.2. the goods are suitable for the purpose indicated by the Seller for their use or for the usual purpose for such goods,

12.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,

12.2.4. the goods are in the correct quantity, size, or weight, and

12.2.5. the goods comply with legal regulations.

12.3. The provisions stated in clause 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the level of use or wear and tear that the goods had at the time of acceptance by the Buyer, or if this is due to the nature of the goods.

12.4. If a defect manifests within six months of acceptance, it is presumed that the goods were defective upon acceptance. The Buyer is entitled to exercise rights from defects that arise in consumer goods within twenty-four months of acceptance.

12.5. The Buyer asserts rights from defective performance at the Seller's business premises, where acceptance of the complaint is possible with regard to the range of goods sold, or alternatively at the Seller's registered office or place of business.

12.6. Additional rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.

12.7. The Seller advises that ink and chemically developed photographs are sensitive to light, which can cause color fading.

13. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

13.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

13.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1(e) of the Civil Code.

13.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, internet address: http://www.coi.cz, is competent for out-of-court dispute resolution for consumer disputes arising from the Purchase Contract.

13.4. The Seller is authorized to sell goods based on a trade license. Trade control is conducted within its scope by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the specified scope.

13.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

14. PROTECTION OF PERSONAL DATA

14.1. The protection of the personal data of the Buyer, who is an individual, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

14.2. The Buyer agrees to the processing of the following personal data: name and surname, address, identification number, tax identification number, email address, telephone number, photographs, and other image material (hereinafter collectively referred to as "personal data").

14.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of fulfilling rights and obligations under the Purchase Contract and for the purpose of maintaining the User Account. Unless the Buyer chooses otherwise, they also agree to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this clause is not a condition that would itself prevent the conclusion of the Purchase Contract.

14.4. The Buyer acknowledges that they are required to enter their personal data (upon registration, in their User Account, when ordering from the Store Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any changes in their personal data.

14.5. The Seller may appoint a third party to process the Buyer’s personal data as the processor. Except for individuals delivering goods, the Seller will not provide personal data to third parties without the prior consent of the Buyer.

14.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

14.7. The Buyer confirms that the provided personal data is accurate and that they were informed that the provision of personal data is voluntary.

14.8. If the Buyer believes that the Seller or processor (clause 9.5) is processing their personal data in violation of the protection of their private and personal life or in violation of the law, particularly if the personal data is inaccurate concerning the purpose of its processing, the Buyer may:

14.8.1. request an explanation from the Seller or processor,

14.8.2. request that the Seller or processor remedy the situation.

14.9. If the Buyer requests information on the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to charge a reasonable fee for providing this information, not exceeding the costs necessary to provide the information.

15. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

15.1. The Buyer agrees to receive information related to the Seller's goods, services, or business at the Buyer’s Email Address and also agrees to receive commercial communications from the Seller at the Buyer’s Email Address.

15.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the Website and fulfill the Seller's obligations under the Purchase Contract without storing cookies on the Buyer's computer, the Buyer may withdraw consent at any time.

16. DELIVERY

16.1. The Buyer may be notified via their email address.

17. CUSTOMER SATISFACTION SURVEY

17.1. Customer satisfaction with purchases is surveyed through email questionnaires under the Verified by Customers program, in which the Laab e-shop participates. These questionnaires are sent every time a customer makes a purchase, provided the customer has not refused their receipt under Section 7, paragraph 3 of Act No. 480/2004 Coll., on certain information society services. The processing of personal data for the purpose of sending questionnaires as part of the Verified by Customers program is based on a legitimate interest in surveying customer satisfaction with purchases and product quality. A processor, the operator of the Heureka.cz portal, is used for sending questionnaires, evaluating feedback, and conducting market position analyses. For this purpose, we may provide information on purchased goods and customer email addresses to this processor.

17.2. Personal data is not provided to any third party for its own purposes when sending email questionnaires.

17.3. The customer may object to receiving email questionnaires as part of the Verified by Customers program at any time by declining further questionnaires via a link in the questionnaire email. In the case of an objection, the questionnaire will no longer be sent to them.

18. FINAL PROVISIONS

18.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

18.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes such, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

18.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

18.4. Seller's contact information: delivery address Brdy Ventures s.r.o., Kurzova 2412/5, 155 00, Prague 5, email address [email protected], phone +420 605 507 881.

In Prague on 14 November 2024