Terms and conditions

Store Pinguin.cz – Activent 365 s.r.o. registered office: Příkop 27/2a, 602 00 Brno, identification number: 03659496 for the sale of goods through the online store located at www.pinguin.cz.

According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are required to register the received revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the Activent online store operated by Activent 365 s.r.o., registered office: Příkop 27/2a, 602 00 Brno, identification number: 03659496, (hereinafter referred to as the "Seller") govern, in accordance with 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 contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (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 www.pinguin.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Store Interface").

1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activity or in the course of their independent profession. These cases are subject to the provisions of Act No. 89/2012 Coll.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the validity period of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). The Buyer can also place orders for goods without registration directly through the Store Interface.

2.2. When registering on the Website and ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is required to update the information in the User Account whenever it changes. The information provided by the Buyer in the User Account and during order placement is considered correct by the Seller.

2.3. Access to the User Account is secured by a 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 may cancel the User Account, especially if the Buyer has not used their User Account for more than two (2) years or if the Buyer violates their obligations under the Purchase Contract (including these Terms and Conditions).

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

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of goods placed in the online store interface are for informational purposes only, and the seller is not obliged to conclude a purchase agreement for these goods. The provisions of Section 1732 (2) of the Civil Code do not apply.

3.2. The online store interface contains information about the goods, including the prices of individual items. The prices of goods are listed including VAT and all related charges. The prices of goods remain valid as long as they are displayed in the online store interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.

3.3. The online store interface also contains information on the costs associated with packaging and delivering goods. The information on packaging and delivery costs provided in the online store interface applies only when the goods are delivered within the Czech Republic. A complete list of payment options can be found on this page.

3.4. To order goods, the buyer fills out an order form in the online store interface. The order form includes, in particular, information on:

• 3.4.1. the goods being ordered (the buyer "adds" the selected goods to the electronic shopping cart in the online store interface),
• 3.4.2. the method of payment for the purchase price, details regarding the desired delivery method for the ordered goods, and
• 3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

3.5. Before submitting the order to the seller, the buyer is given the opportunity to review and modify the details they have entered into the order, including the ability to detect and correct errors that occurred while entering data into the order. The buyer submits the order to the seller by clicking the "Complete Order" button. The details stated in the order are considered correct by the seller. The seller will confirm receipt of the order to the buyer without undue delay by electronic mail, sent to the buyer’s electronic mail address specified in the user interface or in the order (hereinafter referred to as the "buyer’s email address").

3.6. The seller is always entitled to request additional confirmation of the order from the buyer, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), for example, in writing or by phone.

3.7. The contractual relationship between the seller and the buyer is established upon the delivery of order acceptance (confirmation), which the seller sends to the buyer by electronic mail, to the buyer’s email address.

3.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with concluding the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer themselves, and these costs do not differ from the standard rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase agreement to the seller using the following methods:

• in cash at the seller's business premises at Běloveská 187, 547 01 Náchod;
• in cash on delivery at the location specified by the buyer in the order;
• by bank transfer to the seller’s account no. 7363752/0800, held at Česká spořitelna (hereinafter referred to as the “seller's account”);

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes costs related to the delivery of goods.

4.3. The seller does not require a deposit or any similar advance payment from the buyer. This does not affect the provisions of Article 4 regarding the buyer’s obligation to pay the purchase price in advance.

4.4. In the case of cash or cash-on-delivery payment, the purchase price is payable upon receipt of the goods. In the case of a bank transfer, the purchase price is due within ten (10) days from the conclusion of the purchase agreement.

4.5. In the case of a bank transfer, the buyer must include the variable payment symbol – the order number – in the payment details. The buyer's obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the seller's account.

4.6. The seller is entitled, especially if the buyer has not confirmed the order additionally (Article 3), to request full payment of the purchase price before dispatching the goods. The provision of Section 2119 (1) of the Civil Code does not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.8. If it is customary in business transactions or required by legal regulations, the seller will issue a tax document – an invoice – regarding payments made under the purchase agreement to the buyer. The seller is a VAT payer. The invoice will be issued by the seller after the purchase price has been paid and will be sent in printed form to the buyer’s address.

4.9 Gift Voucher (Discount Code, Discount Coupon)

4.9.1. A gift voucher is a coupon that entitles the holder to purchase goods at the value stated on the gift voucher at pinguin.cz.
4.9.2. The value of the gift voucher is stated on its front side: 500 CZK / 1000 CZK / 2000 CZK. In the case of a discount code, the value is stated in the promotion terms, either as a monetary amount or as a percentage discount.
4.9.3. Using a gift voucher: The customer enters the voucher code in the first step of the shopping cart (https://pinguin.cz/kosik/). This can be done after adding items to the cart. The gift voucher can only be applied to orders exceeding its value (including VAT). Otherwise, the order can be completed, but the voucher will not be applied. Multiple gift vouchers cannot be combined in a single order.
4.9.4. The validity period of the gift voucher is stated on its front side, and this date is also recorded in the internal e-shop system. Any extension of its validity upon prior agreement is at the discretion of the seller and cannot be legally enforced.
4.9.5. The customer is not entitled to a refund of any unused portion of the discount if their purchase total is lower than the value of the gift voucher. Similarly, they are not entitled to a cash refund if the gift voucher expires.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that under Section 1837 of the Civil Code, they may not withdraw from the purchase agreement for the supply of goods that have been customized according to the buyer's wishes or for their personal use; for the supply of goods that are perishable; for goods that have been irreversibly mixed with other goods after delivery; for the supply of goods in sealed packaging that the buyer has removed and which, for hygiene reasons, cannot be returned; and for the supply of audio or video recordings or computer software if the buyer has broken their original packaging.

5.2. Unless it is a case specified in Article 5 or another case where withdrawal from the purchase agreement is not possible, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days from the receipt of the goods. If the purchase agreement includes multiple types of goods or the delivery of multiple parts, this period begins from the receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the aforementioned period. The buyer may use the Withdrawal Form provided by the seller, which is an attachment to the terms and conditions. The withdrawal may be sent to the seller’s business address or via email at info@activent365.com.

5.3. If the purchase agreement is withdrawn in accordance with Article 5 of the terms and conditions, the agreement is void from the outset. The goods must be returned to the seller within fourteen (14) days from withdrawal. If the buyer withdraws from the purchase agreement, they bear the costs of returning the goods to the seller, even in cases where the goods cannot be returned via standard postal services due to their nature.

5.3.1. Opening or using the goods does not terminate the right to withdraw from the agreement without providing a reason.
Goods that have been used only to the extent necessary for testing can also be returned, but they should not show signs of use or wear.
Otherwise, the supplier has the right to compensation for the costs associated with restoring the goods to their original state or reducing the resale price due to their classification as used goods.
In extreme cases, the cost of restoring the goods to their original condition may approach the full purchase price.
If the buyer withdraws from the purchase agreement without providing a reason, they will be refunded the amount equal to the paid purchase price, reduced by these costs of restoring the goods or the difference between the price of new and used products.

5.4. In the case of withdrawal from the agreement under Article 5 of the terms and conditions, the seller will refund the monetary amounts received from the buyer within fourteen (14) days from the withdrawal, using the same payment method that the seller originally received from the buyer. The seller is also entitled to refund the payment upon the return of the goods or by another agreed-upon method, provided that this does not result in additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obligated to refund the received monetary amounts until the buyer returns the goods or proves that they have sent them back to the seller.

5.5. The seller has the right to unilaterally offset any claim for damages caused to the goods against the buyer's right to a refund of the purchase price.

5.6. Until the buyer takes possession of the goods, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller will refund the purchase price to the buyer without undue delay via a bank transfer to the buyer’s designated account.

5.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is made with a condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding that gift becomes void, and the buyer is obligated to return the provided gift to the seller along with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request from the buyer, the buyer assumes the risk and any additional costs associated with this method of transport.

6.2. If the seller is obligated under the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer is required to accept the goods upon delivery.

6.3. If, for reasons attributable to the buyer, it is necessary to deliver the goods repeatedly or using a method other than specified in the order, the buyer is required to cover the costs associated with repeated delivery or with the alternative delivery method.

6.4. Upon receipt of the goods from the carrier, the buyer is required to inspect the integrity of the packaging and immediately notify the carrier of any defects. If the packaging appears to have been tampered with, the buyer may refuse to accept the shipment.

6.5. Additional rights and obligations related to the transport of goods may be governed by special delivery conditions issued by the seller, if applicable.

6.6. A complete list of shipping options can be found at this page.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding defective performance are governed by applicable legal provisions (in particular, Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

7.2. The seller guarantees to the buyer that the goods are free from defects upon receipt. In particular, the seller guarantees that at the time the buyer receives the goods:

• 7.2.1. The goods have the properties agreed upon by the parties, or, in the absence of such an agreement, have the properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and the basis of advertising;
• 7.2.2. The goods are suitable for the purpose stated by the seller or for the usual purpose of goods of that kind;
• 7.2.3. The goods match the quality or design of the agreed sample or model if the quality or design was determined according to an agreed sample or model;
• 7.2.4. The goods are in the appropriate quantity, size, or weight; and
• 7.2.5. The goods comply with legal requirements.

7.3. The provisions in Article 7 of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear resulting from normal use, to defects in used goods corresponding to their level of use or wear at the time of receipt by the buyer, or if it follows from the nature of the goods.

7.4. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt.

7.5. The buyer asserts claims for defective performance with the seller at the seller’s business premises where complaints can be received considering the nature of the goods sold. The moment a complaint is raised and the seller is informed thereof is considered the moment the complaint is filed.

7.6. Additional rights and obligations related to the seller’s liability for defects may be regulated by the seller’s complaint policy.

8. ADDITIONAL RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods upon full payment of the purchase price.

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. If a consumer dispute arises between us and the buyer from a purchase agreement or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for an out-of-court settlement to the designated entity for consumer dispute resolution, which is:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Website: adr.coi.cz

The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/

8.4. The seller is authorized to sell goods based on a trade license. The trade license inspection is carried out by the relevant trade licensing office within its jurisdiction. Supervision of personal data protection is conducted by the Office for 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.

8.5. The buyer assumes the risk of changes in circumstances in accordance with Section 1765(2) of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The protection of the personal data of a buyer who is a natural person is provided under Act No. 101/2000 Coll., on Personal Data Protection, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, email address, and phone number (collectively referred to as "personal data").

9.3. The buyer consents to the processing of personal data by the seller for the purpose of fulfilling rights and obligations under the purchase agreement and for managing the user account. Unless the buyer chooses otherwise, they also agree to the processing of personal data for the purpose of receiving information and commercial communications from the seller. Consent to the processing of personal data as described in this section is not a prerequisite for concluding a purchase agreement.

9.4. The buyer acknowledges that they are required to provide accurate and truthful personal data (during registration, in their user account, and when placing an order through the online store) and that they must update their personal data without undue delay in the event of any changes.

9.5. The seller may delegate the processing of the buyer's personal data to a third party as a processor. Except for entities involved in the delivery of goods, the seller will not share personal data with third parties without the buyer’s prior consent.

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

9.7. The buyer confirms that the personal data provided is accurate and acknowledges that providing personal data is voluntary.

9.8. If the buyer believes that the seller or processor (as referred to in Article 9) is processing their personal data in a manner that violates their right to privacy or is in breach of the law, particularly if the personal data is inaccurate with respect to the purpose of processing, they may:

• 9.8.1. Request an explanation from the seller or processor,
• 9.8.2. Demand that the seller or processor rectify the issue.

9.9. If the buyer requests information about the processing of their personal data, the seller is obligated to provide this information. The seller has the right to request a reasonable fee for providing such information, not exceeding the necessary costs of providing the information.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The buyer agrees to receive information related to the seller's goods, services, or business at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address.

10.2. The buyer agrees to the storage of cookies on their computer. If it is possible to complete a purchase on the website and fulfill the seller’s obligations under the purchase agreement without storing cookies on the buyer’s computer, the buyer may withdraw their consent at any time.

11. DELIVERY OF COMMUNICATIONS

11.1. Communications may be delivered to the buyer at the email address specified in their user account or as provided by the buyer in the order.

12. FINAL PROVISIONS

12.1. If a legal relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

12.2. If any provision of these terms and conditions is or becomes invalid or ineffective, such 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 remaining provisions. Changes and amendments to the purchase agreement or the terms and conditions require written form.

12.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. An appendix to these terms and conditions includes a sample withdrawal form for canceling the purchase agreement.

12.5. Seller’s contact details: Delivery address: Běloveská 187, 547 01 Náchod, email address info@activent365.com, phone: 491 483 039.

In Náchod, May 1, 2020.