Terms and Conditions
1. Preliminary Provisions
1.1.These Terms and Conditions of Sale (hereinafter the "Terms and Conditions") of the company Allocacoc s.r.o., based on Kallabova 31, 616 00, Brno-Žabovřesky, Czech Republic, identification number: 03800156, listed in the Commercial Register of the Municipal Court in Brno, Section C, File 86839 (hereinafter the "seller") govern in accordance with provision § 1751 paragraph. 1 of law no. 89/2012 Coll., Civil Code (the "Civil Code") mutual rights and obligations arising of both parties in connection with or based on the Purchase Agreement (the "Purchase Agreement") concluded between the seller and any other natural person (hereinafter the "Buyer") through the online shop of the Seller. The Internet shop is operated by the seller on a website located at CubeNest.eu (hereinafter the "Website").
1.2.The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or person ordering goods within the framework of their entrepreneurial activity or within the scope of their separate occupations.
1.3.Provisions diverging from the Terms and Conditions can be agreed upon in the purchase agreement. Diverging arrangements in the agreement shall prevail over the Terms and Conditions.
1.4.The provisions of the Terms and Conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The purchase agreement is to be concluded in the Czech language.
1.5.The Terms and Conditions may be amended and updated by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of the Terms and Conditions.
2. Conclusion of a Purchase Agreement
2.1.Any presentation of the goods located on the web interface business is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding this product. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
2.2.The web interface provides information about goods, including the prices of individual goods. The prices of the goods are inclusive of VAT and all related charges. The prices of goods remain in force as long as they are displayed on the web interface of the business. This provision does not limit the right of the Seller to conclude a Purchase Agreement under individually negotiated conditions.
2.3.The web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of the business applies only in cases where the goods are delivered within the territory of the Czech Republic.
3. The price of goods and payment terms
3.1.The Buyer can pay the Seller for the price of goods and for any costs associated with the delivery of such goods under the Purchase Agreement in the following methods:
- throught GoPay/PayU/PayPal systems
3.2.Along with the purchase price, the Buyer is obligated to pay the costs associated with packaging and delivery at the agreed rate. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of goods.
3.3.The Seller does not require the Buyer to pay a deposit or other equivalent payment. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the full purchase price in advance.
3.4.In the case of cashless payment, the Buyer is obliged to pay the purchase price, together with the display of the variable symbol of the payment. In the case of cashless payment, this obligation of the Buyer is considered fulfilled at the point when the appropriate amount is received at the Seller's account.
3.5.The Seller must deliver a tax document - invoice regarding payments made under the purchase agreement to the Buyer. The Seller is the 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 sends it electronically to the Buyer's email address.
3.6.Potential discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4. Returning the goods
4.1.You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Allocacoc s.r.o., based on Kallabova 31, 616 00, Brno-Žabovřesky, Czech Republic, info@CubeNest.eu) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.2.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
5. Transport and delivery of goods
5.1.In the event that a mode of transport is agreed upon, based on the special request of the Buyer, the Buyer bears the risk and additional costs associated with this mode of transport.
5.2.If the Seller, under the Purchase Agreement, is required to deliver the goods to a place specified by the Buyer in the purchase Order, the Buyer is obliged to accept the goods upon delivery.
5.3.In the event that the goods need to be delivered repeatedly or in any other way than stated in the Order for reasons arising from the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery, respectively the costs associated with other delivery methods.
5.4.When accepting the goods from the carrier, the Buyer is obliged to check the integrity of the goods' packaging, and in case any defects are identified, to immediately notify the carrier. In case of discovering damages indicative of unauthorized intrusion into the package, the Buyer is not obliged to accept the package from the carrier.
5.5.Other rights and obligations of the parties in the transport of goods may be modified by special delivery conditions of the Seller, if the Seller has issued them.
6. Rights from faulty goods
6.1.The rights and obligations of the contracting parties regarding the rights arising from defective goods is governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
6.2.The Seller shall be liable to the Buyer for the delivery of goods with no defects. In particular, the Seller is liable to the Buyer that upon delivery:
6.2.1.the goods are of the qualities that the parties have agreed to, and, in the absence of such an arrangement, with those properties which the seller or manufacturer has described or which the buyers expect with regard to the nature of the goods and based on the advertising they carry,
6.2.2.the goods are fit for the purpose for which their sale refers to, or for which goods of the same type are normally used,
6.2.3.the goods correspond in character or in their execution to the agreed sample or template, if the character or execution was determined according to an agreed sample or template,
6.2.4.the goods are in correct quantity, measure or weight and
6.2.5.the goods comply with the legal requirements.
6.3.The provisions referred to in Article. 7.2 Terms and Conditions do not apply to goods sold at a lower price due to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, in case of used goods for defect by use or wear that goods have upon receipt by the Buyer, or if it is apparent for the nature of the goods.
6.4.If defects manifest within six months after delivery, it is assumed that the goods were defective at the time of receiving them. The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty-four months from receipt.
6.5.The rights arising from defective goods are claimed by the Buyer against the Seller at his establishment Allocacoc s.r.o., based on Kallabova 31, 616 00, Brno-Žabovřesky, Czech Republic. A claim arises in the moment when the Seller receives the claimed goods from the Buyer (the day of receiving goods).
6.6.Other rights and obligations of the parties relating to the liability of the Seller for defects can be modified by the complaints procedure of the Seller.
7. Other rights and obligations of parties
7.1.The Buyer acquires ownership of the goods by paying the entire purchase price.
7.2.The Seller is not bound by codes of conduct in its relation to the Buyer, within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
7.3.Out-of-Court settlement of consumers' complaints are insured by the Seller via e-mail at firstname.lastname@example.org Information on the settlement of the Buyers' complaints are sent by the Seller to the Buyer's email address.
7.4.The Seller is entitled to sell goods on the basis of its Trading Licence. Trade inspections are carried out under the authority of the relevant Trade Office. Supervision of privacy is exercised by the Office for Personal Data Protection. The Czech Trade Inspectorate exercises, within the specified range and inter alia, supervision over compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
7.5.The Buyer takes upon himself the risk of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
8. Protection of personal information, cookies and sending commercial messages
8.1.Privacy of the Buyer's personal information, who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
8.2.The Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number, respectively additional information such as shipping address, apartment number, etc. apartment floor etc. (hereinafter collectively referred to as "Personal Information").
8.3.The Buyer agrees to the processing of Personal Information by the Seller, for the purpose of realization of the rights and obligations under the Purchase Agreement and for managing the User Account. If the Buyer does not choose an alternative option, he consents to the processing of Personal Information by the Seller. Consent to the processing of Personal Information in its entirety according to this article is not a requirement that would in itself render the conclusion of a Purchase Agreement impossible.
8.4.The Buyer acknowledges that he is obligated to provide his Personal Information (for registration, in his user account, when ordering from the web interface of the shop) correctly and truthfully and is obliged to inform the Seller without undue delay about changes to his personal data.
8.5.The Buyer may entrust a third party for the processing of the Buyer's Personal Information- a processor. In addition to the persons transporting goods, no Personal Information will be handed over to third parties by the Seller, without the prior consent of the Buyer.
8.6.Personal Information shall be processed for an indefinite period. Personal Information will be processed electronically, in an automated manner or in printed form, in a non-automated manner.
8.7.The buyer confirms that the provided Personal Information is accurate and that he was advised that it is voluntarily to provide Personal Information.
8.8.In the event that the buyer believes the Seller or Processor (Art. 8.5) carries out the processing of his Personal Information that is inconsistent with the protection of the private and personal life of the Buyer or is against the law, especially if the personal data are inaccurate for the purpose of their processing, he can:
8.8.1.request the seller or processor for explanation
8.8.2.require the seller or the processor to rectify the situation.
8.9.Should the Buyer request information regarding the processing of their Personal Information, the Seller must hand over this information. The Seller has the right to provide information pursuant to the preceding sentence, and requires reasonable compensation, not exceeding the costs of providing the necessary information.
8.10.We may use your personal information to send you information about our products and services which you have requested from us by signing up to our newsletter. At any stage you can ask us to stop using your personal data for direct marketing purposes. You can opt out of receiving any marketing communications from us by using the unsubscribe-function or by contacting us at any time by e-mail email@example.com
8.11.Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment. If you sign up to our newsletter, we may use your email address to send you information about our products and services. At any stage you can ask us to stop using your personal data for direct marketing purposes. You can opt out of receiving any marketing communications from us by using the unsubscribe-function or by contacting us at any time by e-mail firstname.lastname@example.org
8.12.The websiteCubeNest.eu is owned by Allocacoc s.r.o., which is the party responsible for collecting the data. Based on based on Kallabova 31, 616 00, Brno-Žabovřesky, Czech Republic, identification number: 03800156, listed in the Commercial Register of the Municipal Court in Brno, Section C, File 86839.
8.13.The Buyer agrees with saving so-called Cookies on his computer. In the event that a purchase on the website can be made, and the commitments agreed to in the Purchase Agreements can be fulfilled without storage of so-called Cookies on the computer of the buyer, the Buyer may revoke their consent under the previous sentence at any time.
8.14.By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the "help" section in your browser should provide instructions on how to locate the file or directory that stores cookies. Further information about cookies can be found at www.aboutcookies.org.
8.15.1.Site functionality cookies – these cookies allow you to navigate the site and use our features.
8.15.2.Site analytics cookies – these cookies allow us to measure and analyse how our customers use the site, to improve both its functionality and your shopping experience.
8.15.3.Customer preference cookies – when you are browsing or shopping on CubeNest.eu, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.
8.15.4.Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
9. Private data protection
9.1. The protection of the personal data of the purchaser is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regards to the processing of personal data and on the free movement of such data and repealing the Directive 95/46 / EC (GDPR General Personal Data Protection Regulation).
9.2. The buyer acknowledges that the seller will process the buyer's personal data on the basis of an agreement with the buyer for the purpose of fulfilling a sales contract with the buyer (possibly also due to negotiations on its conclusion and / or modification) and / or for the purpose of maintaining a user account, based on an agreement with the buyer. It is about these personal data: name and surname, home address, identification number, tax identification number, email address, phone number, or other additional information such as delivery address, apartment number, apartment floor. Personal data is handled by the seller as an administrator and people transporting the goods as processors. Personal data will be processed by collecting, storing, modifying, searching, using, passing to the carrier and, if applicable, other persons (if the buyer agrees), storing, sorting or combining, blocking and disposal. This personal data will be processed for the duration of the purchase contract and after it has been fulfilled until the expiry of the limitation period (i.e. usually for three years after the purchase contract is fulfilled) or for the duration of the buyer's user account (i.e. until the buyer's cancellation).
9.3. The buyer acknowledges that he is required to submit his / her personal details when registering in his / her user account correctly and truthfully when ordering from a web shop and is obliged to inform the seller of any change in his or her personal data without undue delay.
9.4. By processing the buyer's personal data, the seller may assign a third part as processor. Except for persons transporting goods, personal data provided by the vendor will not be passed to third parties without the buyer's prior consent.
9.5. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
9.6. The buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.7. Buyers may also agree with processing of personal data by the seller for marketing purposes when making an order, in particular with sending merchant messages and other sales promotions. The consent will concern personal data to the following extent: name and surname, e-mail address, phone number. Buyer's personal data for marketing purposes will be processed until the buyer's consent is revoked, but for a maximum of five years, unless this agreement is renewed in the meantime. Personal data will be processed by collecting, storing on information carriers, making available, modifying or changing, searching, using, handing over, storing, sorting or combining, blocking and disposal. Agreeing with the processing of personal data for marketing purposes is not a condition that will prevent the conclusion of a purchase contract.
9.8. Seller warns the purchaser that buyer data can be entered in the register set up in accordance with § 20z of Consumer Protection Act No. 634/1992 Coll., as amended (hereinafter referred to as the "Consumer Protection Act").
10. Sending business messages and storing cookies
10.1. The buyer acknowledges that the seller may send to his / her email address an information related to the merchandise, service or establishment in the form of commercial communications. Sending of business messages can be cancelled by the buyer at any time in your user account or by a link at the end of each business announcement.
11. Final Provisions
11.1.If the relationship arising from the Purchase Agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
11.2.If any provisions of the Terms and Conditions are invalid or ineffective, or becomes such, instead of the invalid provision, a provision whose meaning is invalid, the provision with the closest meaning becomes effective. The invalidity or unenforceability of one provision does not affect the effectivity or enforceability of other provisions.
11.3.The purchase contract, including Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
In Brno on 1. 1. 2020