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of Dopravní podnik města České Budějovice, a.s. with its registered

office at České Budějovice, Novohradská 738/40, Postal Code 370 33

ID No.: 25166115

office at České Budějovice, Novohradská 738/40, Postal Code 370 33

for the sale of goods via an on-line shop located at dpmcb.cz/en/about-us/e-shop.html

 

1. INITIAL PROVISIONS

1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of Dopravní podnik města České Budějovice, a.s., with its registered office at České Budějovice, Novohradská 738/40, Postal Code 370 33, ID No.: 25166115, registered in the Commercial Registry maintained by the Regional Court in České Budějovice, Section B, Insert 868 (hereinafter the “Seller”) govern in accordance with Section 1751 par. 1 of Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”) mutual rights and obligations of contracting parties arising in relation to or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another party (hereinafter the “Buyer”) via an internet shop of the Seller. The internet shop is operated by the Seller on the website located at the following internet address www.dpmcb.cz/eshop (hereinafter the “Website”), namely via the interface of the website (hereinafter the “Website Interface of the Shop”).

1.2. The Buyer – consumer: a person who does not act or use the purchased goods within his/her business activities when entering and performing the Agreement. The Buyer – entrepreneur: a person who acts or uses the purchased goods within his/her business activities when entering and performing the Agreement. Legal relations between the Seller and the Buyer shall be governed by these Terms and Conditions and relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended. If the Buyer is a consumer, the rights and obligations of the Seller and the Buyer shall also be governed by Act No. 634/1992 Coll., on consumer protection, as amended.

1.3. Any provisions differing from the Terms and Conditions may be arranged in the Purchase Agreement. Any such differing provisions of the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are executed in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The wording of the Terms and Conditions may be modified or amended by the Seller. This provision shall not in any way affect the rights and obligations which had arisen during the validity of the previous wording of the Terms and Conditions.

2. USER’S ACCOUNT

2.1. On the basis of the registration of the Buyer performed on the website, the Buyer can access his/her user’s interface. In its user’s interface, the Buyer may perform orders of goods (hereinafter the “User’s Account”). If the Website Interface of the Shop enables the Buyer to perform orders of goods also without the registration directly on the Website Interface of the Shop.

2.2. When registering to the website and ordering goods, the Buyer is obliged to provide all her/his information in a correct and true manner. The data included in the User’s Account shall be updated by the Buyer whenever any change in them occurs. The data included in the User’s Account by the Buyer at the moment of placing the order is considered to be correct.

2.3. The access to the User’s Account is secured by the user name and the password. The Buyer is obliged to maintain confidentiality in relation to information necessary to access his/her User’s Account.

2.4. The Buyer is not entitled to enable any third parties to use the User’s Account.

2.5. The Seller is entitled to delete the User’s Account, particularly if the Buyer doesn’t use the content for more than 24 months or if the Buyer violates his/her obligations arising from the Purchase Agreement (including the Terms and Conditions).

2.6. The Buyer acknowledges that the User’s Account may not be accessible nonstop, especially with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All promotion of goods placed in the Website Interface of the Shop shall be of informative nature, and the Seller is not obliged to enter into the Purchase Agreement on said goods. The provision of Section 1732 par. 2 of the Civil Code shall not apply.

3.2. The Website Interface of the Shop contains a list of goods offered by the Seller for sale, including the provision of prices of individual offered goods. The prices of the goods are provided including the value added tax and all related fees concerning the goods. The prices for these goods remain valid for the period during which they are displayed in the Website Interface of the Shop. This provision shall not affect the entitlement of the Seller to conclude the Purchase Agreement under individually negotiated conditions.

3.3. The Website Interface of the Shop also includes information regarding the expenses associated with the packaging and delivery of the goods. The information regarding the expenses associated with the packaging and delivery of the goods specified in the Website Interface of the Shop is only valid if the goods are delivered within the territory of the Czech Republic.

3.4. In order to order the goods, the buyer shall complete an order form in the Web Interface of the Shop. The order form contains especially the following information:

3.4.1. ordered goods (the ordered goods shall be “placed” by the buyer into an electronic shopping cart of the Website Interface of the Shop),

3.4.2. manner of paying the purchase price for the goods, data regarding the required manner of delivery or pickup of the ordered goods, and

3.4.3. information regarding the expenses connected with the delivery of goods (hereinafter collectively the “Order”).

3.5. Before submitting the Order to the Seller, the buyer is entitled to review and change the data which were inserted into the Order by the buyer, also with the opportunity for the buyer to identify and correct errors which occurred when inserting the data into the Order. The buyer will submit the Order to the Seller by clicking on the button “Confirm the Order”. The Seller considers the data included in the Order to be correct. Upon receiving the Order, the Seller shall instantly confirm the delivery of the Order to buyer via electronic mail, namely to the address of the electronic post of the buyer specified in the user interface or in the Order (hereinafter the “Electronic Address of the Buyer”).

3.6. Depending on the character of the Order (number of goods, amount of the purchase price, expected expenses for the transport), the Seller is always entitled to request that the Buyer further confirms his/her/its Order (e.g. in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer commences by the delivery of the Order confirmation (acceptance) which is sent by the Seller to the Buyer via electronic post, namely to the Electronic Address of the Buyer.

3.8. Should the Seller be unable to fulfil any of the requests included in the Order, it shall send to the Buyer to his/her electronic email the changed order with the options of possible versions of the Order and shall ask for the Buyer’s statement. The changed order shall be considered as a new proposal of the Purchase Agreement. In such a case, the Purchase Agreement becomes valid by the acceptance of the Buyer via an electronic mail.

3.9. The Buyer consents to the use of means of distant communication when concluding the Purchase Agreement. Any expenses incurred by the buyer when using the means of distant communication in connection with entering into the Purchase Agreement (costs for the internet connection or phone calls) shall be paid by the Buyer and the rates do not differ from usual rates.

4. PRICE OF THE GOODS AND PAYMENT TERMS

4.1. The price of the goods and potential expenses for the delivery of the goods in accordance with the Purchase Agreement may be paid to the Seller in any of the following manners:

4.1.1. in cash or by payment card at the Seller’s establishment located at: Customer’s Center of Dopravní podnik města České Budějovice, a.s., Novohradská 738/40, 370 33 České Budějovice and the Information Office of Dopravní podnik města České Budějovice, a.s., Nádražní 1759, 370 02 České Budějovice;

4.1.2. in cash on delivery at the location specified by the Buyer in the Order;

4.1.3. via a bank transfer to the Seller’s account No. 6503231/0100, maintained by Komerční banka, a.s. (hereinafter the “Seller’s Account”).

4.2. Together with the purchase price, the buyer is also obliged to pay to the Seller the expenses connected with the packaging and delivery of the goods in the contracted amount. Unless expressly indicated otherwise, the term of the purchase price also means the expenses connected with the delivery of the goods.

4.3. The Seller does not request any advance payment or a similar payment from the Buyer. This provision shall not affect Article 4.6 of the Terms and Conditions in relation to the obligation to pay the purchase price for the goods in advance.

4.4. In the case of payment in cash or in cash on delivery, the purchase price is payable during the handover of goods.

4.6. Particularly if the Order is not additionally confirmed by the Buyer (Article 3.6), the Seller is entitled to demand the Buyer pays the entire purchase price prior to the Seller dispatching the goods. The provision of Section 2119 par. 1 of the Civil Code shall not apply.

4.7. Discounts on the goods provided to the Buyer by the Seller cannot be combined.

4.8. If it is customary in trade relations or if so provided by generally binding legislation, the Seller shall issue a tax document – an invoice to the Buyer regarding the payments performed on the basis of the Purchase Agreement. The tax document – the invoice shall be issued by the Seller to the Buyer after the payment of the purchase price and then sent by the Seller in an electronic form to the Electronic Address of the Buyer.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not allowed to withdraw from a purchase agreement on the delivery of goods which had been tailored in accordance with the Buyer’s wishes, from a purchase agreement regarding goods adjusted according to the wishes of the consumer or for his/her person, goods which are subject to rapid deterioration, goods which were irretrievably mixed with other goods or taken out of a closed container and cannot be returned in it for hygienic reasons, or with deliveries of audio or visual recordings or computer software if the buyer disrupted their original packaging.

5.2. Unless Article 5.1 applies or another case when withdrawing from the Purchase Agreement is prohibited, the Buyer is in accordance with Section 1829 par. 1 of the Civil Code entitled to withdraw from the Purchase Agreement within fourteen (14) days upon taking over the goods, while if the subject of the Purchase Agreement consists in several types of goods or this is a delivery of several parts, such a period shall commence on the date of taking over the last delivery of the goods. The withdrawal from the Purchase Agreement shall be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may also use a sample form provided by the Seller, which forms an annex to the Terms and Conditions together with the instruction on the right to withdraw from the Purchase Agreement.

5.3. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled ex tunc (retrospectively since the beginning). If the Buyer withdraws from the Purchase Agreement, the expenses for the return of the goods to the Seller shall be borne by the Buyer, which also applies to cases when the goods cannot be returned via regular post due to its nature.

5.4. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the financial means received from the Buyer to the Buyer in a manner in which the Buyer had previously delivered them to the Seller and within fourteen (14) days upon the withdrawal from the Purchase Agreement. The Seller is further obliged to return the performance provided by the Buyer, namely already at the moment when the goods is returned by the Buyer or in another manner if the Buyer agrees and no further expenses are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the financial means to him/her until the Buyer returns the goods or proves he/she had dispatched the goods.

5.5. The Seller is entitled to unilaterally off-set the claim to the compensation for damage against the Buyer’s claim to the return of purchase price.

5.6. Until the moment the Buyer takes over the goods, the Seller is entitled to withdraw from the Purchase Agreement at any moment unilaterally. In such a case, the Seller shall return the purchase price to the Buyer without undue delay in the form of a bank transfer to an account specified by the Buyer.

5.7. If the Buyer is provided with a gift accompanying the goods, the deed of gift between the Seller and the Buyer is concluded with a subsequent condition that if the Buyer withdraws from the Purchase Agreement, then the deed of gift regarding such gift expires and the Buyer is obliged to return the provided gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF THE GOODS

6.1. In the case that the manner of transportation was negotiated on the basis of a specific Buyer’s request, the Buyer undertakes the risk and shall pay any potential additional costs associated with this manner of transport.

6.2. If the Seller is obliged to deliver the goods under the Purchase Agreement to a location specified by the buyer in the Order, the Buyer is obliged to take over the goods on delivery.

6.3. In the case that the goods had to be delivered repeatedly or in a different manner than specified in the Order due to reasons on the part of the Buyer, the Buyer is obliged to pay any expenses associated with the repeated delivery of the goods, or expenses associated with a different manner of delivery.

6.4. When taking over the goods from the carrier, the Buyer is obliged to inspect the integrity of the packaging of the goods and to inform the carrier instantly in the case of any defects. In the event of identifying a damage of packaging indicative of unauthorized intrusion into the consignment, the Buyer is not obliged to take over the consignment.

6.5. Additional rights and duties of the contracting parties regarding the transport of the goods may be regulated by special delivery terms of the Seller if there are any.

7. LIABILITY FOR DEFECTS

7.1. The rights and duties of the Contracting Parties in relation to the liability for defects are governed by generally binding legislation (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The Seller is responsible for the fact that the goods are without any defects as of the moment of the takeover. Particularly, the Seller is responsible for the fact that at the moment when the Buyer took over the goods:

7.2.1. the goods display characteristics which the contracting parties have agreed upon, and if there is no such arrangement, the goods display such characteristics which the Seller or the manufacturer had described or which the Buyer was entitled to expect given the nature of the goods and on the basis of the manner in which the Seller or the manufacturer had advertised the goods,

7.2.2. the goods are suitable for the purpose which had been specified by the Seller for the given goods or for the purpose for which the given type of goods is usually used,

7.2.3. the goods correspond by their quality and execution to the negotiated sample or model, provided that the quality or execution were specified on the basis of a sample or model,

7.2.4. the goods are delivered in a corresponding amount, size or weight, and

7.2.5. the goods correspond to the requirements of law.

7.3. The provisions specified in Article 7.2 of these Terms and Conditions shall not apply to goods sold for a lower price due to a defect for which the lower price had been negotiated, for the wear and tear suffered by the goods due to its usual usage, and in the case of already used goods, for a defect which corresponds to the degree of use or wear and tear which had been present at the moment when the Buyer took over the goods, or if it results from the nature of the goods.

7.4. If the defect manifests itself in the course of six months after the takeover, it is presumed that the goods were defected already at the moment of the takeover.

7.5. The claims arising from defected performance shall be exercises with the Seller by the buyer at the Seller’s business premises, which may accept the official claim with regard to the range of goods sold at the given business premises, or also at the official office or place of conducting business. The moment of exercising the official claim shall represent the moment when the Seller received the reclaimed goods from the Buyer.

7.6. Further rights and duties related to the Seller’s liability for defects may be governed by the Seller’s reclaim rules.

8. FURTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES

8.1. The Buyer acquires the ownership of the goods at the moment of paying the entire purchase price of the goods to the Seller.

8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provisions of Section 1826 par. 1 letter e) of the Civil Code.

8.3. Out-of-court settlements of consumer complaints shall be handled via an electronic address obchod@dpmcb.cz. The information of the settlement of the complaint shall be sent to the Buyer by the Seller to the Buyer’s email address.

8.4. The Seller is entitled to sell goods on the basis of a trade license. The supervision in the matters of trade licenses is carried out by the relevant Trade Licensing Office. The supervision in the matters of personal data protection is carried out by the Personal Data Protection Office. The supervision in the relevant matters of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection.

8.5. The Buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765 par. 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the buyer who is a natural person (an individual) is guaranteed by Act No. 101/2000 Coll., on personal data protection, as amended.

9.2. The Buyer consents to the processing of these personal data: first name and surname, address of his/her residence, identification number, tax identification number, email address, phone number and (hereinafter collectively as “personal data”).

9.3. The Buyer consents to the processing of the personal data by the Seller, namely for the purposes of execution of rights and duties arising from the purchase agreement and for the purposes of maintaining the user account. Unless the buyer chooses another option, the buyer further consents to the processing of personal data by the Seller for the purposes of sending information and business communication (newsletters) to the Buyer. The consent to the processing of personal data to the entire extent under this Article does not represent a prerequisite which by itself would thwart the conclusion of the Purchase Agreement.

9.4. The Buyer acknowledges to be obliged to provide his/her/its personal data (during the registration, in his/her/its user account, when making an order via the web interface of the store) in a correct and true manner and to be obliged to notify the Seller about any change of such personal data without undue delay.

9.5. The Seller is entitled to authorize a third party to process the Buyer’s personal data which would then serve as a processor. Except for persons or entities transporting the goods, the Seller shall not provide any third parties with the Buyer’s personal data without the Buyer’s previous consent.

9.6. The personal data shall be processed for an indefinite period of time. The personal data shall be processed in an electronic form in an automated manner or in a printed form in an unautomated manner. Upon the expiration of the given period, the personal data shall be deleted.

9.7. The Buyer confirms that the provided personal data are accurate and that he/she had been informed of the fact that this situation constitutes a voluntary provision of personal data.

9.8. Should the Buyer believe that the Seller or the processer (Article 9.5) conducts the processing of his/her personal data in contradiction to the protection of private and personal life of the Buyer or in breach of law, especially if the personal data are inaccurate with regard to the purpose of their procession, the Buyer is entitled to:

9.8.1. demand that the Seller or the processor provide explanation for such conduct,

9.8.2. request that the Seller or the processor rectify such emerged situation.

9.9. Should the Buyer request information in the matter of processing his/her personal data, the Seller is obliged to provide the Buyer with such information. For the provision of information in accordance with the previous sentence, the Seller is entitled to request the Buyer pays a reasonable fee not exceeding the costs necessary for the provision of information.

10. BUSINESS COMMUNICATION (NEWSLETTERS) AND COOKIES

10.1. The Buyer consents to information related to the goods, services or enterprise of the seller be sent to the Buyer’s electronic address and business communication (newsletters) be sent by the Seller to the Buyer’s electronic address as well.

10.2. The Buyer consents to the so-called cookies be saved on his/her computer. If the purchase on the website may be carried out and the seller’s obligations arising from the purchase agreement fulfilled without the necessity of the so-called cookies being saved on the Buyer’s computer, the buyer may withdraw his/her consent under the previous sentence at any time.

11. DELIVERY

11.1. Correspondence may be delivered to the address of electronic post included in the Buyer’s user account or included in the Order.

12. FINAL PROVISIONS

12.1. If a relationship associated with the use of the website or a relationship arising from the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This arrangement does not affect any rights of a consumer arising from generally binding legislation.

12.2. Should any provision of these Terms and Conditions be or become invalid or ineffective, a provision, whose meaning is the closest to the invalid or ineffective provision, shall replace it. Invalidity or ineffectiveness of a single provision shall not affect the validity or effectiveness of the rest of provisions. Any changes or amendments of the Purchase Agreement or the Terms and Conditions shall be carried out in writing.

12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it is not accessible.

12.4. The sample form for the withdrawal from the Purchase Agreement and the instruction for the Buyer (consumer) in regard to the right to withdraw from the Purchase Agreement form Annexes to these Terms and Conditions.

12.5. Contact information of the Seller: correspondence address: Dopravní podnik města České Budějovice, a.s., Novohradská 738/40, 370 33 České Budějovice, electronic address: obchod@dpmcb.cz, phone No.: +420 387 719 123, (Mo – Fr 06.30 – 16.00), Establishment: Mercury Centrum, Nádražní 1759, 370 01 České Budějovice