Bontia a.s. Sales Terms and Conditions
valid and effective as of 15 September 2015
1. INTRODUCTORY PROVISIONS
1.1 Definitions and Interpretation of Terms
1.1.1 Producer - Bontia, a.s., Org. ID No.: 25752871, Tax ID No.: CZ25752871, Headquartered at Ohradní 1424/2b, 140 00, Prague 4, Czech Republic, email: email@example.com;
1.1.2 Photo Products – products created by the Ordering Party using Software;
1.1.3 Commercial Code – Act No. 89/2012 Coll., Commercial Code in its valid version;
1.1.4 Ordering Party – physical entity (person), physical entity, entrepreneur or legal entity that has entered into a Contract;
1.1.5 Ordering Party – Business/Entrepreneur – person fulfilling the conditions listed in provisions § 420 and 421 of the Commercial Code;
1.1.6 Ordering Party - Consumer – physical person (individual), who does not act on behalf of his/her business activities or in his/her work role (§ 419 Commercial Code), when entering into a contract;
1.1.7 Order – a binding proposal, sent using Software, by the Producer for concluding a Contract that is created by filling in essential data in the order form;
1.1.8 Services – services offered and carried out by the Producer, mainly the production of printed Photo Books;
1.1.9 Contract – basic contract concluded between the Producer and the Ordering Party in electronic form using the Software;
1.1.10 Software – the Producer’s computer program made accessible to the Ordering Party for download or online; it serves the Ordering Party building products from photographs, texts or other files, meanwhile the Ordering Party carries out these activities him- or herself;
1.1.11 User Account – user interface made accessible to registered Ordering Parties, via which the Ordering Party can, for example, save changes to his/her contact details or monitor Orders;
1.1.12 Discount code – electronic code distributed by the Producer that the Ordering Party can use to pay a discount price for a Photoproduct prior to its creation and the ordering of production; this per terms stipulated hereafter in Art. 2.4 of the Sales Terms and Conditions;
1.2 Validity of Sales Terms and Conditions
1.2.1 These Sales Terms and Conditions are an integral part of the Contract concluded between the Producer and the Ordering Party and they regulate the mutual rights and obligations of both parties to the Contract.
1.2.2 Provided the Contract or any of its Appendices do not explicitly list any divergent provisions or the validity of certain provisions in these Sales Terms and Conditions is not excluded or otherwise modified by the Contract or any other explicit provisions between the Producer and the Ordering Party, these Sales Terms and Conditions apply to other mutual relationships of the contracting parties.
1.2.3 The Producer is authorized to change unilaterally the Sales Terms and Conditions at any time. Rights and obligations from already concluded Contracts will follow from the version of the Sales Terms and Conditions valid at the time the Contract is concluded; eventual later changes to the Sales Terms and Conditions will have no impact on already-concluded Contracts.
1.3 Option for archiving the Sales Terms and Conditions
1.3.1 The Sales Terms and Conditions are accessible on the Producer’s website.
1.3.2 The Ordering Party can print or save the Sales Terms and Conditions using the relevant functions of his/her web browser.
1.3.3 The Producer will archive concluded Contracts in electronic format and they will not be accessible.
1.3.4 The Ordering Party can archive data on his/her Orders mainly in the form of an archive of confirmations of Order Receipts sent to him/her at the email address submitted in the Order Form.
1.4 User Account, Ordering Party Registration
1.4.1 Dispatch of an Order Form is conditioned upon the Ordering Party setting up a User Account. The Ordering Party is obligated to fill in certain required information when completing the Order Form. Without this information the user cannot create a User Account or an Order.
1.4.2 The Ordering Party is not authorized to allow third parties to use his/her User Account, should he/she do so, they are responsible for the third party’s actions, just as if they had acted on their own.
1.4.3 The Ordering Party is obligated to secure access to his/her User Account with a user name and password. The Ordering Party him-/herself is responsible for the selection of a suitable password and is obligated to maintain the confidentiality of the information essential for access to his/her User Account. The Ordering Party also acknowledges that the Producer does not bear any liability for breach of these obligations on the part of the Ordering Party or for eventual damages that might occur as a result of disclosure of or abuse of the password by a third party.
1.4.4 The Ordering Party has access to its personal data and can edit or add to them.
1.4.5 The Ordering Party acknowledges that the User Account need not be continuously accessible. This mainly regards necessary hardware and software equipment maintenance by the Producer, or eventual necessary hardware and software maintenance by third parties.
2. SERVICE OFFERS, ORDERS, CONCLUDING CONTRACTS
2.1 Service Offer
2.1.1 The Producer's basic Service Offer including prices is listed on the Producer's website; prices shown include VAT.
2.2 Service Order
2.2.1 Using the Software, the Ordering Party selects a Photo Product and its production process and creates its visual design.
2.2.2 At the moment when the Ordering Party considers the e-version of the Photo Product to be complete, he/she is authorized to order its production by the Producer by clicking on the "Order" button, which will direct them to the order form, as part of which they enter the number of copies, means of payment and delivery instructions for the Photo Product. Prior to submitting the Order Form the Ordering Party will see a summary of all aforementioned data, the price for creating the Photo Product, transport costs for delivery of the Photo Product and possibly other taxes and fees, should the Ordering Party need to pay them. Prior to submitting the Order Form the Ordering Party has the option of checking and verifying all data and editing it, or they can opt not to send off the Order Form.
2.2.3 As part of the order form the Ordering Party – Consumer is asked to accept the Sales Terms and Conditions and with the initiation of provision of Services prior to the expiration of the period for withdrawal from the Contract according to Art. 4.1.1., including information about the Ordering Party’s not having the right, in event agreement is given, to withdraw from the Contract without providing reasons therefor according to Art. 4.1.1., provided the Service has been initiated (launched). Provided the Ordering Party does not give his/her consent, the Order cannot be sent.
2.2.4 Dispatch of an Order by clicking on the Software‘s "Confirm Order" button is considered to be the Ordering Party’s proposal for entering into a Contract.
2.3 Confirmation of Receipt of Order and Creation of Contract
2.3.1 The Producer’s automated system will immediately, upon receipt, confirm the Order’s delivery with an email sent from the Producer’s server. The confirmation of the Order will contain all information on the ordered Photo Products, part of which are these Sales Terms and Conditions.
2.3.2 Confirmation of receipt of an Order by the Producer per Art. 2.3.1 does not mean acceptance of the proposal to enter into a Contract by the Ordering Party. The Contract is entered into at the moment when the Ordering Party receives at its submitted email address a binding confirmation of the Order by the Producer. The Producer will send a binding confirmation of receipt of the Order once it has received payment for the Order, provided the Ordering Party and the Producer have not agreed otherwise.
2.3.3 The Producer reserves all rights to not enter into a Contract with an Ordering Party, who has previously breached its contractual obligations in a severe way, i.e. did not pay for an order to produce Photo Products or repeatedly did not pick up packages.
2.3.4 The Producer thus in the spirit of § 1740 of the Commercial Code excludes in advance the possibility of accepting an offer (a proposal to enter into a Contract) with an addendum or reservation. This provision is mutual; a Contract is always entered into based on the acceptance of the offer by the other party without reservation.
2.3.5 Based on a concluded Contract the Producer commits itself to creating a work, i.e. produce Photo Products and deliver them to the Ordering Party. The Ordering Party agrees to pay the cost of creating/producing the Photo Product, provided it has not done so.
2.3.6 The Ordering Party will bear the costs for using communications tools for the purpose of concluding the Contract, where these costs do not differ from standard rates. The Ordering Party acknowledges that the amount of these costs can depend on the terms for its internet or telephone connection that its uses for communications with the Producer, i.e. for entering into a Contract.
2.4 Application of the Sales Terms and Conditions, Application of Czech Law and Contract Language
2.4.1 A Contract concluded between the Producer and the Ordering Party is governed by the Commercial Code. If the Ordering Party is an Ordering Party-Consumer per the terms of provision § 419 of the Commercial Code, the Contract is governed both by the relevant provisions of the Commercial Code regulating work contracts (§ 2586 and following of the Commercial Code) and also the general terms for consumer contracts (§ 1810 and following of the Commercial Code).
2.4.2 If the Ordering Party is an entrepreneur/businessperson according to provisions in § 420 – 421 of the Commercial Code, then the relevant provisions of the Commercial Code are applicable. Provisions on commitments from contracts concluded with a consumer (§ 1810 and following in the Commercial Code) do not apply to a relationship between the Producer and an Ordering Party-Entrepreneur/Businessperson.
2.4.3 Provided it is not further stipulated in these Sales Terms and Conditions that a specific article or group of articles in these Sales Terms and Conditions are used only for a Ordering Party-Consumer or otherwise for an Ordering Party-Entrepreneur/Business, then these Sales Terms and Conditions are used for all Contracts regardless of whether the Ordering Party is a consumer or an entrepreneur/business client.
2.4.4 For relations stemming from this Contract Czech law is applied. The Contract can be concluded in the Czech, Slovak, German or English languages.
2.5. DISCOUNT CODE AND TERMS FOR APPLICATION (REDEMPTION)
2.5.1 Through the Producer’s website, the Customer can pay for select Photoproducts prior to their creation and ordering of production. When selecting a Photoproduct for advance payment, the Ordering Party and the Producer enter into a special reservation agreement via the Producer’s website.
2.5.2 The reservation agreement is entered into at the moment the Producer’s automated system sends confirmation of receipt of order from the Ordering Party (to the Ordering Party’s email address) to reserve a select Photoproduct.
2.5.3 After the Ordering Party pays the agreed price, the Producer sends an email to the Ordering Party with confirmation that payment has been received and thereafter sends an email with a Discount Code that contains the Photoproduct specification, the unique Discount Code, and the period of its validity. The Discount Code allows the Ordering Party to carry out payment for a Photoproduct as part of an Order per Art. 2.2.2 (i.e. when ordering production of the actual Photoproduct).
2.5.4 Validity of the Discount Code has a time limit which is listed on the Producer’s website and in the email with the Discount Code. If the validity period for the Discount Code expires, the Producer can, per the Ordering Party’s wishes, allow for use of the Discount Code for an additional 30 days, provided the prepaid Photoproduct is still in the Producer’s product offer (product selection).
3. PAYMENT CONDITIONS, DELIVERY AND ACCEPTANCE CONDITIONS
3.1 Payment Conditions
3.1.1 Given that Photo Products are unique products created in electronic form by the Ordering Party, the Producer always asks for payment in advance.
3.1.2 The Ordering Party is authorized to choose, when filling in the Order Form, from the means of payment offered by the Producer. Individual payment methods are listed on the Producer’s webpage on the Contact subpage.
3.1.3 The cost is considered paid at the moment when the full amount is written onto the Producer’s bank account.
3.1.4 The Ordering Party can pay the cost or use a discount on the cost, also cash in a gift card or discount voucher; in such cases he/she must enter the relevant discount code into the relevant field on the Order Form.
3.1.5 Per the terms of the Czech Act on Electronic Payment Receipts, the Producer is required to issue receipts to the Ordering Parties. The Producer is also obliged to report earnings online. In the case of a technical failure, the Producer must do so within 48 hours at the latest.
3.2 Deadline for Delivering Photo Products
3.2.1 The Producer sets a delivery date as a timeframe during which it is obligated to hand over the finished Photo Product to the delivery service; deadlines are always calculated from the day of receipt of payment for production of a Photo Product, because the Producer commissions production of Photo Products on the day that payment has been written onto its bank account.
3.2.2 Delivery dates vary based on the type of Photo Product, dates (timeframes) for delivery of Photo Products are shown on the Producer’s website.
3.2.3 The delivery dates for the Photo Product version chosen by the Ordering Party appear on the computer screen prior to submission of the order. Ordering Parties can follow the status of their orders via their User Account; this includes the date of payment to the Producer’s bank account and the delivery date.
3.2.4 Should the Ordering Party make payment via bank transfer and not list the order number assigned to him/her in the payment order, or should they write the order number incorrectly, then the delivery date may be pushed back by an adequate number of days.
3.2.5 Provided the Ordering Party and the Producer agreed explicitly on the immediate commissioning of production of a Photo Product (i.e. prior to payment), the Producer will always send out (deliver) the finished Photo Product only after payment has been made to (written onto) its bank account.
3.3 Means of Delivery and Transport Costs
3.3.1 The Ordering Party stipulates the means and place of Photo Product delivery in the Order Form. The Producer fulfils the obligation to deliver the Goods by dispatching them to the address listed by the Ordering Party in the Order Form.
3.3.2 At the time the Producer dispatches the Photo Products, it provides the Ordering Party access, via his/her User Account, to an electronic invoice (tax document).
3.3.3 Ordering Parties are charged transport costs depending on their chosen means for delivery of Photo Products; this for an amount that the Producer communicates to them when they fill in the Order Form.
3.3.4 In the case that it’s necessary, for reasons caused by the Ordering Party, to make repeat attempts to deliver the Photo Products or to deliver them in a way other than the one shown in the Order Form, then the Ordering Party is obligated to cover the costs associated with the repeat attempts to deliver the Photo Products, i.e. costs associated with the alternative form of delivery.
3.3.5 In the event that the Ordering Party orders delivery of goods outside the European Union, the order may be subject to customs charges that are subject to the laws of the country to which the Photo Products are being delivered. The Ordering Party is liable for paying all taxes, customs charges and other fees associated with such an order. This is because the Producer has no control over such export payments. The Ordering Party, as an importer, must abide by all valid legal obligations for the country to which the Photo Products are to be delivered.
3.4 Transfer of Damage Liabilities for Goods
3.4.1 Ownership rights for Photo Products are transferred to the Ordering Party the moment they are handed over to the Ordering Party.
3.4.2 Damage liabilities for Photo Products are transferred to the Ordering Party at the moment when the Producer hands them to the transport company for the purpose of delivery to the location stipulated in the Contract.
3.5 Review of Photo Products by the Ordering Party
3.5.1 The Ordering Party is obligated to check the state/condition of Photo Products prior to sending them to the Producer (Art. 2.2.4). The Producer does not review/check them prior to printing and is not liable for obvious defects caused by the Ordering Party (i.e. missing parts of sentence texts, poorly cropped photos, etc.).
3.5.2 Furthermore, the Ordering Party is obligated to check the package (materials) prior to accepting them from the transport/delivery service, i.e. whether the package does not show signs of being damaged during the transport process (mainly that the packaging or the cover is not torn, wet/damp or damaged in any other way, provided this is verifiable). In the event the packaging is damaged, the Ordering Party is obligated to check the status of delivered Photo Products. If the products are damaged, he/she is obligated to fill out a report on damages incurred during transport in the presence of the delivery service representative.
3.5.3 Regardless of whether the package shows signs of damage or not, the Ordering Party is always obligated to check the Photo Products immediately upon receipt and submit complaints (request for compensation of damages) to the Producer as soon as they discover them.
3.5.4 The Ordering Party is obligated to inform the Producer about damages to Photo Products incurred during transport even in cases where he/she does not accept delivery of the Photo Products on these grounds. In instances where the Ordering Party does not write out a complaint/refund report or a similar document on the damaged package together with the transport service representative, the Producer cannot then compensate for the damages (see Art. 3.4.2.).
4. WITHDRAWAL FROM CONTRACT
4.1 Withdrawal from Contract by an Ordering Party-Consumer (Art. 4.1 is not applied to an Ordering Party-Entrepreneur)
4.1.1 The Ordering Party-Consumer has the right to withdraw from the Contract without giving reasons and without any sanctions within 14 days of concluding the Contract. In order to meet the deadline for withdrawing from the Contract, it is sufficient to send a message about applying the right to withdraw from the Contract prior to the expiration of the relevant period. However, should the Ordering Party, when filling out the Order Form, explicitly agree to start provision of Services prior to the expiration of the period for withdrawal from the Contract (Art. 2.2.3), then the Ordering Party does not have the right to withdraw from the Contract, provided the Photo Products have already been paid and sent for production. At such a time the Producer can no longer cancel the Order free-of-charge.
4.1.2 The recommended method for withdrawal from the Contract per Article 4.1.1 is written notice of withdrawal sent by email to the Producer’s email address shown in Art. 1.1.1; the form for withdrawal from a Contract without stating reasons is an appendix to these Sales Terms and Conditions. The Ordering Party is not, however, required to use it.
4.1.3 Should the Ordering Party-Consumer withdraw from the contract per Art. 4.1.1. justifiably, the Producer is obligated within 14 days of delivery of the withdrawal notice to return to the Ordering Party moneys paid including already paid costs for delivery of Photo Products; and this in the same way that the Ordering Party sent the moneys to the Producer. The Producer is authorized to return payment in a different way, but only if the Ordering Party agrees with this and no further costs are incurred by the Ordering Party.
4.1.4 The Ordering Party-Consumer also has the right to withdraw from the Contract on grounds of severe breach of Contract by the Producer, mainly if the Producer will have a delay of more than 21 days in delivering the Photo Products. Such withdrawal from the Contract has to be justified (argued) by the Ordering Party: in the withdrawal notice the Ordering Party will list the Order Form number and date of order shown in the confirmation of receipt of the Order Form. Article 4.2.3 is to be used adequately.
4.2 Withdrawal from the Contract by an Ordering Party-Entrepreneur
4.2.1 The Ordering Party-Entrepreneur is authorized to withdraw from a Contract only in cases of severe breach by the Producer, mainly if the Producer will have a delay of 21 days or more in delivering the Photo Products.
4.2.2 Withdrawal from the Contract must be done in written form. In the withdrawal notice the Ordering Party will list the Order Form date and number shown in the confirmation of receipt of the Order Form.
4.2.3 Should the Ordering Party-Entrepreneur withdraw from the Contract on justifiable grounds, the Producer is obligated to return the Ordering Party moneys paid by bank or electronic transfer to the Ordering Party’s account from which payment was made.
4.3 Withdrawal from the Contract by the Producer
4.3.1 The Producer is authorized to withdraw from the Contract on grounds of severe breach of Contract on the part of the Ordering Party. This is understood to be mainly delay in payment for services or part of the payment. In the event the Ordering Party is late with payment, the Producer reserves the right to not deliver further Photo Products for the period during which the Ordering Party is late with payment of any monetary debt owed to the Producer.
4.3.2 The Producer is also authorized to withdraw from the Contract in the event that the print materials sent by the Ordering Party are not suitable for print (i.e. they are incomplete or damaged) or if their content does not comply with valid laws.
4.3.3 The Ordering Party has the right, in the event the Producer withdraws from the Contract, to return of moneys already paid for production of the Photo Product. In the case of severe breach of Contract by the Ordering Party, the Producer is authorized to carry out unilaterally a calculation of all provable debt (mainly on grounds of increased costs or damages incurred) that has arisen as a consequence of breach of obligations by the Ordering Party. This amount is to be deducted from the sum owed the Ordering Party by the Producer prior to return of payment.
4.4. WITHDRAWAL FROM THE RESERVATION AGREEMENT
4.4.1 The Ordering Party-Consumer is authorized to withdraw from the agreement without giving reasons and without any sanctions within 14 days of signing the Reservation Agreement, entered into per Art. 2.5.2; and this even after they have paid the agreed price. This right to withdrawal ceases at the moment when the Ordering Party-Consumer uses the Discount Code to pay for the Order (i.e. they used the Discount Code when ordering a Photoproduct).
4.4.2 The recommended means of withdrawal from the agreement per Art. 4.4.1 is to do so in written form by email to the Producer’s email address listed in Art. 1.1.1; the form for withdrawal from a Reservation Agreement for pre-payment is an appendix to these Sales Terms and Conditions. The Ordering Party is not, however, obliged to use it. Should the Ordering Party-Consumer withdraw justifiably per Art. 4.4.1, the Producer is obliged, within 14 days from delivery of notice, to return prepaid moneys to the Ordering Party; and this in the same way that the Producer received them from the Ordering Party.
4.4.3 The Ordering Party is authorized to withdraw from the Reservation Agreement for pre-payment also on grounds of serious breach by the Producer; this mainly on grounds that the Producer is late in sending the Discount Code, even though the Ordering Party has duly paid the agreed price. Such withdrawal has to be justified by the Ordering Party: in the notice of withdrawal, the Ordering Party must show the order number and date listed on the receipt of payment confirmation. Art. 4.2.3 is to be used in moderation.
5. QUALITY GUARANTEE, DEFECTS, REFUNDS
5.1 Photo Product Defects and Quality Requirements
5.1.1 The Producer is liable for ensuring the Ordering Party that the Photo Products have no defects at the time of handover. The Producer is mainly liable to the Ordering Party that at the time of handover the Photo Products
a) have the features that the Producer explicitly presented on its webpage or that were agreed in the Contract, or possibly the Order Form,
b) were handed over in the agreed amount and size.
5.1.2 Defects do not, however, include, nor do rights to claim defects arise on the Ordering Party’s behalf, in addition to cases stipulated in legal norms (laws) and in cases, where
a) wear has occurred due to standard use,
b) damages have occurred due to careless, unsuitable usage, chemical or mechanical influences based on environment, temperature or humidity,
c) damages were caused by defects in material submitted (texts and photographs). Deviations from expected coloring will not be classified as defects and are not grounds for refund. This also applies to the cropping of photos placed too close to the publication’s edges.
5.1.3 Other exemptions or limitations on claims of defects are possible only when they arise from application of valid laws or the explicit provisions in the Contract.
5.2 Time limit on application of rights to claim defects, quality guarantee for the Ordering Party-Consumer
5.2.1 The Producer provides a quality guarantee for all Photo Products for a 24-month (twenty-four month) period after the handover of the relevant Photo Product.
5.2.2 For the duration of the guarantee (warranty) period, the Producer ensures the Photo Product will for a given period be usable for regular purposes or that it will maintain its typical features. The quality guarantee applies to material defects, functional defects and defects having arisen during production.
5.2.3 Should the Contract or the warranty statement per Art. 5.2.1 call for different warranty periods, the longer period is valid, unless the Producer and the Ordering Party have explicitly agreed otherwise. But not even the provisions on a shorter warranty period change the fact that the Ordering Party is authorized to apply rights to report defects per Art. 5.2.1, while shortening of this period is not taken into consideration.
5.2.4 The provisions of Art. 5.2.1-5.2.3 are not applied and the quality guarantee is not applied and the Producer is not liable in cases listed in Art. 5.1.2.
5.3 Rights against defective fulfillment of Contract and quality guarantee for the Ordering Party-Entrepreneur
5.3.1 Ordering Party-Entrepreneur rights to claim defective fulfillment of Contract are governed by provisions § 2615 – 2619 of the Commercial Code.
5.3.2 The Producer provides the Ordering Party-Entrepreneur a quality guarantee for a 6-month (six month) period following handover of the Photo Product.
5.3.3 Articles 5.2.2 and 5.2.4 on the scope and voidance of warranties is also applied adequately for the Ordering Party-Entrepreneur.
5.4.1 The Ordering Party is obligated to report Photo Product defects by sending a Request for Refund using the online form on the Producer’s webpage or in an email sent to the email address listed in Art. 1.1.1. The Ordering Party is required to document exactly, in the refund form, all defects; mainly to describe them and provide photo documentation of the defects (in JPEG format) or in another suitable format. The sample Refund Request Form is an appendix to these Sales Terms and Conditions.
5.4.2 The Producer will confirm the date for application of the refund to the Ordering Party; in the interest of expediting the refund process, the Producer will communicate with the Ordering Party via email.
5.4.3 The Producer is obligated to process refund requests submitted by an Ordering Party-Consumer within 30 days of the application for refund at the latest. In justifiable cases the Producer is authorized to request of the Ordering Party extensions to the periods for processing requests and to justify such extensions to the Ordering Party. The Producer will inform the Ordering Party about the results of the refund process by sending a refund protocol per Art. 5.4.4 in electronic format (i.e. via email).
5.4.4 The Producer will prepare a refund protocol for the Ordering Party-Consumer in the spirit of § 19, par. 1 of the Act No. 634/1992 Coll., on Consumer Protection including a minimum of
a) date of refund request/application (date of receipt of list of defects);
b) reasons for refund request;
c) means of sorting out request for refund as requested by consumer;
d) results of review of the returned Photo Products, i.e. including photo documentation from the Ordering Party or the Producer;
e) justifying authorization and means of handling the process (by one of the means per Art. 5.5.2 and onward., unless the parties agree otherwise), i.e. justifying refusal of granting a refund.
5.4.5 The Producer is obligated to send the Ordering Party a Refund Protocol to the Ordering Party’s email address. The Ordering Party is authorized to ask for dispatch of a written version of the request for refund protocol to his/her address listed in the report on defects (as grounds for refund).
5.5 Ordering Party Rights based on Defects
5.5.1 The Ordering Party’s and Producer’s rights and obligations concerning rights to refund are governed by the relevant general valid laws (mainly provisions § 1914 to 1925 and § 2615 – 2619 of the Commercial Code.
5.5.2 In the event that the Photo Product has a defect for which the Producer is liable, the Ordering Party has the following rights to claim defects which depend on the nature of the defect:
a) removal of defects that can be removed; in such a case the Ordering Party will agree if and how they will return the defective Photo Product at cost to the Producer. The Producer will carry out repairs free-of-charge in an adequate amount of time, within 30 days of delivery of the defective Photo Product at the latest, or
b) provide an adequate discount on the price in the case of minor, irreparable defects, or
c) withdrawal from the Contract, provided the Photo Product has a larger amount of minor irreparable defects (more than three), unless in such a case the Ordering Party opts for delivery of a new Photo Product.
d) withdrawal from the Contract, should the Photo Product have a major irreparable defect, or
e) production of a replacement Photo Product within a period of 14 days of the date on which the Producer acknowledges the right to refund.
5.5.3 The Ordering Party will tell the Producer which refund option he/she chooses at the time of reporting the defect (when requesting a refund) or without unnecessary delay after reporting the defect.
5.5.4 In relation to assessment of request for refund by the Producer, other means of sorting out the request (i.e. other than the means explicitly stated) can be chosen with the Ordering Party’s consent.
6. COPYRIGHTS, LIABILITY FOR DAMAGES
6.1.1 The Ordering Party accepts that the Software is protected by copyrights. The Ordering Party commits to not engaging in any activity that would enable him/her or any third party to make any unauthorized interventions or use the Software in an unauthorized way.
6.1.2 The Ordering Party accepts that the Producer does not bear any liability for errors caused as a result of third party interventions into the Software.
6.1.3 Software usage is governed by the terms of the license agreement.
6.2 Liability for Damages
6.2.1 The Producer’s liability for damages caused to the Ordering Party-Consumer is governed by relevant laws, namely the Commercial Code.
6.2.2 If an Ordering Party-Entrepreneur is party to the Contract, then the Producer is liable for damages caused by breach of obligations arising from the Contract.
7. PERSONAL DATA PROTECTION, DISPATCH OF SALES MATERIALS
7.1 Processing of Personal Data
7.2 Securing Per
7. PERSONAL DATA PROTECTION, SENDING COMMERCIAL MESSAGES
7.1 PROCESSING PERSONAL DATA
7.1.1 The means by which the Ordering Party's personal data are processed is described in a separate document entitled “Information on the Processing of Personal Data”, which contains information in the scope prescribed by the General Data Protection Regulation of the European Parliament and Council (EU) 2016/679 on Personal Data Protection (commonly known as GDPR).
7.1.2 Processing of the Ordering Party's personal data generally occurs for the purpose of fulfilling the Processor's legal obligations, for the purpose of concluding and fulfilling a Contract and on grounds of the Processor’s justifiable interests, which are explained in the document “Information on the Processing of Personal Data”. Any Ordering Party who has a permanent User Account must give consent to the processing of their personal data for the period that the User Account is active.
7.2.1 The Producer hereby declares that it has taken all adequate technical and organizational measures for the purpose of preventing any unauthorized or accidental access to the Ordering Party’s personal data. Technical measures include implementation of technologies preventing unauthorized access by third parties to the Ordering Party’s data. Organizational measures are a set of rules for employee behavior at the Producer’s offices as concerns working with personal data. Adherence thereto is monitored by the Producer.
7.2.2 Personal data transferred via the internet in relation to dispatch of electronic Photo Products to the Producer, i.e. when filling in order forms, is encrypted using an SSL (Secure Socket Layer) protocol so that no one can read it.
7.3 SENDING COMMERCIAL MESSAGES
7.3.1 The Processor is authorized to send the Ordering Party commercial messages in the form of emails or by post containing information about news on its Service offer, price offers and also on other Processor services or on the services and products of third parties; this per terms outlined in the law. The Processor is authorized to send these commercial messages to the Ordering Party’s email address or by post which they consent to when signing the Contract.
7.3.2 The Ordering Party is authorized to stop the dispatch of sales materials at anytime, and this free-of-charge and without any sanctions by opting out using a button in a received email or by changing his/her registered data in his/her User Account.
8. FINAL PROVISIONS
8.1 Provided the Ordering Party is a foreign entity (subject), the valid law applied to the contractual relationship deriving from this Contract, or any other legal relationship arising in relation to use of the Producer’s Services, is Czech law. Meanwhile, the application of UN conventions and contracts on international purchase of goods is excluded.
8.2 The Ordering Party has the option of sending eventual complaints to the Producer in written form, optimally in electronic format via email to the Producer’s address shown in Art. 1.1.1. The Producer reserves the right not to react to complaints from third parties that have not entered into a Contract with the Producer.
8.3 In the event that any provisions of these Sales Terms and Conditions would for any reason be invalid or ineffective, this fact does not cause the invalidity or ineffectiveness of other sections of the Sales Terms and Conditions or this Contract.
9. APPENDICES TO THE SALES TERMS AND CONDITIONS
9.1 Sample Form for Withdrawing from a Work Contract
Notice of Withdrawal from a Work Contract
Bontia, a.s., Ohradní 1424/2b, 140 00, Prague 4 - Michle, Org. ID No.: 25752871
I hereby notify you that I am withdrawing from this work contract for production of a Photo Product.
Customer signature (only if the form is sent as print copy)
9.2 Sample form for submitting a complaint/refund request
Notice of Return of Product
Bontia, a.s., Ohradní 1424/2b, 140 00, Prague 4 - Michle, Org. ID No.: 25752871
I hereby notify you that I would like to return these Photo Products.
Customer signature (only if the form is sent as print copy
9.3 SAMPLE FORM FOR WITHDRAWAL FROM RESERVATION AGREEMENT (Notice of withdrawal from Reservation Agreement)
Producer: Bontia, a.s., Ohradní 1424/2b, 140 00, Praha 4 - Michle, Org. ID No.: 25752871
I inform you that with this form I withdraw from the reservation agreement (contract).
Discount code specification (amount for which the discount code was issued and indicator of product to which it applied)
Date of order:
Date of receipt:
Customer name and surname:
Customer signature (only if this form is printed and then sent)