GENERAL TERMS AND CONDITIONS - RENTAL
Name and surname: NINA BUREŠOVÁ,
Residence: Křivoklátská 885, 199 00 Prague 9,
ID (IČ): 74207229,
Trade Licensing Register (in Czech "Živnostenský úřad"), SZ OZI 3848/2017/ZO-REG-03
for the sale and rental of goods via on-line shop at: www.darekkpromoci.cz
The form - cancellation of the contract to download:
1. FUNDAMENTAL PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") of the company NINA BUREŠOVÁ, residence Křivoklátská 885, 1998 00 Prague 9, Identification Number (in Czech IČ): 74207229, (hereinafter referred to as "the lessor") govern the mutual rights and obligations of the parties arising in connection with or pursuant to a lease agreement (also referred to as "lease agreement"; in Czech „nájemní smlouva“) concluded between the lessor and any other natural or legal person (hereinafter referred to as "the lessee") through an online store. Online store is operated by the lessor on the internet at www.darekkpromoci.cz through web interface (hereinafter referred to as "web interface of the business").
1.2. Terms and conditions also govern the rights and obligations of the parties in using the lessor's website located at www.darekkpromoci.cz (hereinafter referred to as "website") and other related legal relations.
1.3. Provisions derogating from the terms and conditions can be agreed upon in the lease agreement. Different arrangements in the lease agreement have priority over the provisions of terms and conditions.
1.4. Provisions of the terms and conditions are an integral part of the lease agreement. The lease agreement and the terms and conditions are written in Czech and English language. The lease agreement can be concluded ONLY in CZECH or ENGLISH language.
1.5. The lessor may modify or supplement the terms and conditions. This provision does not affect the rights and obligations arisen during the effective period of the previous version of terms and conditions.
2. THE CONCLUSION OF THE LEASE AGREEMENT
2.1. The web interface of the business provides a list of goods offered for rent by the lessor including prices of individual goods. The prices of the offered goods inclusive all related charges. The lessor is not registered to value added tax. The offer of goods and the prices of goods remain in force as long as they are displayed on the web interface of the business. This provision does not affect the lessor´s right to conclude a lease agreement for individually negotiated terms. All offers displayed on the web interface of the business are not binding and the lessor is not obliged to enter into a lease agreement.
2.2. The web interface of the business also includes information about packaging and delivery costs.
2.3. To order rental of goods, the lessee fills out the binding order form stored on the web interface of the business or directly contacts the lessor through an email address (see subsection 13).The order form includes especially information about:
2.3.1. subject of the lease,
2.3.2. method of payment of rent, details of desired method of delivery of the subject of the lease,
2.3.3. the lessee and
2.3.4. information on the costs associated with the delivery of subject of the lease (hereinafter collectively referred to as the "order").
2.4. Before sending the order to the lessor the lessee is allowed to check and modify the data filled in the order form, also with regard to the option of the lessee to detect and correct errors during data entry to order form. The data filled in the order form are believed by the lessor to be correct. The lessor without undue delay after receipt of the order confirms to the lessee receipt of the order, on the email address from which the order was sent by the lessee to the lessor's email address (hereinafter referred to as "lessee's email address").
2.5. The lessor is always allowed, depending on the nature of the order (quantity of goods, the rent, estimated shipping costs) to ask the lessee for additional confirmation (such as writing or by telephone) of the order.
2.6. The contractual relationship between the lessor and the lessee arises upon receipt of confirmation of acceptance by the lessor ("order confirmation") to the lessee's email address and payment of the refundable deposit by the lessee according to that what occured later.
2.7. The lessee acknowledges that the lessor is not obliged to enter into a lease agreement, especially with those that have substantially breached their obligations to the lessor.
2.8. The lessee agrees to use of distance communication in the conclusion of the lease agreement. Costs incurred by the lessee when using distance communication in connection with the conclusion of the lease agreement (the cost of internet access, telephone costs) are paid by the lessee on his or her own.
3. THE RENT, PAYMENT TERMS
3.1. The rent and any costs associated with the delivery of rented goods (hereinafter referred to as "the rent") are always paid by the lessee to the lessor the full amount in advance. The lessee can pay the rent to the lessor in the following ways:
a) Delivery within the territory of Czech Republic:
b) Delivery within the territory of Slovakia:
3.2. Together with the rent, the lessee is obliged to pay the costs associated with the delivery of the subject of lease at an agreed rate. Unless expressly stated otherwise the rent is thought to be the costs for rented goods and all costs associated with the delivery of the subject of the lease.
3.3. The costs of returning subject of the lease to the lessor are not included in the price of delivery and are paid the full amount on the lessee's own costs.
3.4. In the case of cashless payment the rent is due within 14 days net of the lease agreement.
3.5. In the case of cashless payment, the lessor is obliged to reimburse the rent together with stating of variable symbol of the payment. The lessor shall notify the variable symbol to the lessee in the order confirmation.
3.6. In the case of cashless payment the lessor meets his obligation to pay the rent at the time that lessor's bank credits the payment to the lessor's bank account.
3.7. Any discounts on the rent provided by the lessor to the lessee cannot be combined.
3.8. The lessor issues, regarding payments made under the lease agreement, to the lessee an invoice and send it in electronic form or paper form together with the goods.
4. REFUNDABLE DEPOSIT AND LIABILITY FOR DAMAGE, DESTRUCTION OR LOSS
4.1. The lessor is entitled to demand payment of refundable deposit before delivery subject of lease to the leesee.
4.2. The amount of the refundable deposit is determined individually by the lessor in particular with regard to the subject of the lease and the lease term. Refundable deposit serves as a means of security to receivables of the lessor to ensure the return of the subject of lease to the lessor.
4.3. The lessor is entitled to unilaterally set-off from the deposit his claim to receivables from the lessee in respect of:
Wear a tear caused by ordinary use is not subject to liability for damage, destruction and loss, and will be not be paid from the refundable deposit.
4.4. The value of damaged goods for the purposes to set-off receivables from refundable deposit is determined based on the selling price of the same or similar goods offered in the web interface of the business. If the partial loss of the subject of lease occured (eg. tassel of graduation cap),, the value of damaged or lost goods is determinated according to this price list:
4.5. The Lessor is obligated to check the subject of lease immediately after receiving back from the lessee, and within 14 days net inform the lessee about any damage, destruction or loss of subject of lease.
4.6. The Lessor is obligated immediately (but no later than within 14 days net) after receiving the subject of lease back from the lessee, to return a refundable deposit to the lessee reduced of any claim of liability for damage, destruction and loss. Unless agreed otherwise, the lessor returns a refundable deposit in the same way as it was paid by the lessee to the lessor.
4.7. The lessee is obliged to treat the subject of the lease with proper care and exercise all available care to prevent it's damage, destruction or loss.
4.8. The lessee is entitled to use the subject of the lease only for purposes for which it is intended by the lessor.
4.9. The lessee is not entitled to perform on leased equipment any changes and modifications.
5. TERM OF THE LEASE AND CONSEQUENCES OF LATE RETURN OF THE SUBJECT OF THE LEASE
5.1. The term of the lease is agreed by lessor with lessee individually. But it is always agreed for a fixed period. In case the term of lease was not agreed individually in advance, it is considered that the term of the lease was agreed for a period of 14 days net.
5.2. Rental period (term of the lease) begins to run when the subject of lease was handed over by the lessor to the carrier or lessee, whichever occure earlier (hereinafter referred to as "the beginning of the lease") and ends with the receipt the subject of the lease after the lease by the lessor from the carrier or lessee, whichever occure later (hereinafter referred to as "the end of the lease").
5.3. The lessor has the right to require on the lessee contractual penalty of 20% of the rent for each day of delay. The number of days of delay is calculated from the date of agreed end of the lease until the date when the lessor could receive the subject of the lease in agreed manner.
6. CANCELLATION OF THE LEASE AGREEMENT
6.1. The lessee can cancel the agreement only until the date of beginning of the lease.
6.2. To exercise the right of cancellation of the lease agreement the lessee has to inform the lessor about his decision to cancel the agreement by an unequivocal statement which sends to the lessor's email address (email@example.com) or correspondence address. The lessee can use the form for the cancellation of the contract, but it is not mandatory. This form is available for download from the web interface of the business.
6.3. The unequivocal statement should contain especially the following information:
6.4. Consequences of cancellation of the agreement
6.4.1. If the lessee cancel the agreement, the lessor returns without undue delay, but no later than within 14 days of being informed of the decision of the lessee to cancel the agreement of the lease, all payments in a full or the reduced amount (see subsection 6.4.2) received from the lessee. The lessor uses for reimbursement the same manner of payment that the lessee used for the initial transaction, unless expressly agreed otherwise.
6.4.2. Since the reservation of subject of the lease cause damage to the lessor concerning the loss of profit, the lessor returns to lessee:
If cash on delivery payment method is agreed, the lessor is entitled to unilaterally set-off from the deposit his claim to receivables from the lessee in respect of cancellation of the lease agreement by the lessee.
7. TRANSPORTATION AND DELIVERY OF THE SUBJECT OF THE LEASE
7.1. The method of delivery the subject of the lease is determined by the lessor, unless the agreement of the lease provides otherwise. In case the mode of transport is negotiated at the request of the lessee, the lessee bears the risk and additional costs associated with this mode of transportation.
7.2. The method of return the subject of the lease is determined by the lessor, unless the agreement of the lease provides otherwise. In case the mode of transport is negotiated at the request of the lessee, the lessee bears the risk and additional costs associated with this mode of transportation. If the manner of returning the subject of the lease was not agreed, it is considered that the same manner will be used as the lessor used in case of delivery the subject of the lease to the lessee.
7.3. Personal returning of the subject of the lease on the lessor's correspondence address (without use of carrier) is possible only with prior consent of the lessor.
7.4. If the lessor is obliged under the agreement of the lease to deliver the subject of the lease at the place designated by the lessee in the order form, the lessee is obliged to accept the delivered subject of the lease. If the lessee does not accept the delivered subject of the lease, the lessor is entitled to cancel the agreement of the lease.
7.5. In case it is needed to deliver the subject of the lease repeatedly or in any other way than stated in the order form for reason on the lessee´s party, the lessee is obliged to pay the costs associated with repeated delivery of subject of the lease, resp. costs associated with other delivery method. By this provision are intended, inter alia, also re- shipping costs incurred due to that the lessee does not accept the goods in period and place under the conditions stipulated by a carrier.
7.6. When accepting the subject of the lease from a carrier, the lessee is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In case of damaged packing which indicative of intrusion into the shipment the lessee need not accept the shipment from the carrier. Signing the delivery note the lessee confirms that the packaging of the shipment containing goods were intact.
7.7. The lessee is obliged to notify the lessor immediately about any incomplete or damaged shipment to the following email address: firstname.lastname@example.org, write with the carrier the damage report and send it without any delay to the lessor’s email (see above) or correspondence address of the lessor.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The lessee acknowledges that the software and other contents of the web interface of the business (including photos of the goods and the order form etc.) are protected by copyright law. The lessee agrees not to engage in any activity that would allow him or third parties to unduly interfere with or use software or other content of the web interface of the business.
8.2. The lessee is not entitled while using the web interface of the business to use the mechanisms, software or other procedures that could affect the operation of the web interface of the business. Web Interface of the business can be used only to the extent that is not at the expense of the rights of other customers of the lessor and which is consistent with its purpose.
8.3. The lessor is not bound in relation to the lessee by any codes of conduct within the meaning of the Civil Code.
8.4. The lessee acknowledges that the lessor shall not be liable for errors arising from the interference of third parties to the web interface of the business or arising from use of the web interface of the business in violation of its purpose.
8.5. The lessee is not entitled, without the consent of the lessor, to further rent the subject of the lease to third parties.
8.6. The lessor is entitled to cancel the lease agreement in the event of substantial breach of the terms and conditions by the lessee. A substantial breach of the terms and conditions is considered especially if lessee:
9. PRIVACY AND SENDING OF COMMERCIAL COMMUNICATION AND COOKIE STORAGE
9.1. The protection of the lessee’s personal data, who is a natural person, is provided especially by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR").
9.2. The lessee acknowledges that he is obligated to state his personal data (for orders made via the web interface of the business) correctly and truthfully.
9.3. The lessee agrees to receive information related to goods, services or company of the lessor to the lessee's email address and agrees to receive commercial communication from the lessor to the lessee's email address.
11. THE DELIVERY
11.1. Unless agreed otherwise, all correspondence related to the lease agreement has to be delivered to the other party in writing, by email, in person or by postal service (chosen by the sender). The email address that was used for the purpose of ordering goods is used for delivering the correspondence to the lessee.
12. FINAL PROVISIONS
12.1. If the relationship associated with the use of the web interface of the business or if the legal relationship of the lease agreement includes international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
12.2. If the Czech and English versions of lease agreement and general terms and conditions do not match in terms of their meaning, or the meaning of the English version is unclear due to imperfect translation, the provisions in Czech language are always decisive. If the difference is significant and the lessee proves that he was misled due to the linguistic difference so substantially that if he had known about the differences, he would have not entered into a lease agreement, he has the right to cancel the agreement. It does not apply if the lessee knew or could have known with usually attention about the unclarity already at the moment of conclusion of the lease agreement and without undue delay did not notify the unclarity to the lessor.
12.3. The lessor is entitled to rent the goods on the basis of a trade license (in Czech "Živnostenské oprávnění") and the lessor's activity is not a subject of any other permissions. Trade inspection carried out under its authority the Licensing Office (in Czech "Živnostenský úřad").
12.4. Amendments and supplements of the lease agreement and terms and conditions require written form.
12.5. The lease agreement including terms and conditions is archived in electronic form by the lessor and is not accessible.
13. CONTACT DATA OF THE LESSOR
Correspondence address: Nina Burešová, Křivoklátská 885, Prague 9 - Letnany, 199 00, Czech Republic
Email address: email@example.com
Phone: 723 021 002
Prague, 20 September 2019