I. Basic provision

1.These general business conditions (hereinafter referred to as "business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., of the Civil Code (hereinafter the "Civil Code")

     NorthMoravians - kreativní agentura s.r.o.

     Business ID No: 09254846

     with their registered office at: Zámostní 1155/27, Slezská Ostrava, 710 00 Ostrava

     registered in the Commercial Register kept at the Regional Court in Ostrava, Section C 82507

     Contact information:

     Telephone:

     email: northmoravians@northmoravians.cz

     web: www.northmoravians.cz

     (hereinafter referred to as the "Seller")

2. These terms and conditions govern the Seller's mutual rights and obligations as well as those of the natural person who enters into an agreement outside their business as a consumer or within their business (hereinafter "Buyer") through a web interface located on the website available at https: // lodnidoprava.reenio.cz/ (hereinafter referred to as the "Booking System"), or by purchasing a service from one of the Seller's contractual partners.

 

II. Information regarding services and prices

1. Information with regard to services, including prices of individual services and their main features, is given for individual services in the Booking System catalogue. Services prices are listed including value added tax and all related fees. Services prices remain valid as long as they are displayed in the Booking System. This provision does not preclude the negotiation of an agreement under individually agreed conditions.

 

III. Ordering and concluding an agreement

1. Costs incurred by the Buyer in the use of distance communication in connection with concluding the agreement (internet connection costs, telephone call costs), shall be borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer orders the services in the following ways:

- through their customer account if they have previously registered in the online store

- by filling in the order form without registration,

- in person at points of sale operated by the Seller's contractual partners, whose contact details are listed on the www.elektrolodharta.cz website

3. When placing an order, the Buyer chooses the service, the number of seats and the payment method.

4. The Buyer is allowed to check and change the data they entered in the order before sending it. The Buyer sends the order to the Seller by clicking on "BOOK". The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.

5. Immediately after receiving the order, the Seller will send a confirmation of the order's receipt to the Buyer's email address that they entered when ordering. This confirmation is automatic and is not considered an agreement. This confirmation will contain a link to the Seller's current business conditions. The agreement is only concluded after payment of the full services price.

6. All orders accepted by the Seller are binding. The Buyer can cancel the order until the service is paid for. The Buyer can cancel the order in person, by telephone or via e-mail.

7.  In the event of an obvious technical error on the Seller's part when stating the price of services during ordering, the Seller is not obliged to deliver the service to the Buyer for this obviously incorrect price, even if the Buyer was sent an automatic confirmation of receipt according to these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the amended offer to the Buyer's email address. The amended offer is considered a new draft agreement and in such a case the agreement is concluded by the Buyer's confirmation of acceptance to the Seller's email address.

 

IV. Customer account

1.The Buyer can access their customer account based on the Hereinafter registration they made in the online store. The Buyer can order services from their customer account. The Buyer can also order services without registration.

2. When registering for a customer account and ordering services, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account upon any change. The data provided by the Buyer in the customer account and when ordering services are considered correct by the Seller.

3. Customer account access is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for misuse of the customer account by third-parties.

4. The Buyer is not entitled to allow third-parties to use their customer account.

5. The Seller may cancel the user account, especially if the Buyer no longer uses their account or if the Buyer breaches their obligations under the purchase agreement and these terms and conditions.

6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of Seller's hardware and software equipment or necessary maintenance of third-party hardware and software.

 

V. Payment terms and delivery conditions

1. The Buyer can pay the price of services in the following ways according to the agreement:

 - cashless transfer to the Seller's account by bank transfer or payment through the Stripe payment gateway

-  in cash or via a payment card at points of sale operated by the Seller's contractual partners, whose contact details are listed on www.elektrolodharta.cz.

2. Unless expressly stated otherwise below, the price of the services also includes costs associated with the delivery of services.

3. In the case of non-cash payment, the Buyer's obligation to pay the services price is fulfilled when the relevant amount is credited to the Seller's bank account, in the case of payment through the Stripe payment gateway by crediting the amount to the Seller's trading account with Stripe.

4. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the services price before providing the service is not a deposit.

5. The services are delivered to the Buyer by handing over or sending an electronic voucher to the email address specified by the Buyer in the order.

6. The Seller will issue a proof of payment to the Buyer or through their contractual partner, which is handed over in person or sent to the Buyer's email address.

7. In the case of Chargeback, which is requested by the Buyer in connection with the offered service, the Seller is responsible for the refund.

 

VI. Agreement withdrawal

1. A Buyer who has concluded the agreement outside their business as a consumer has the right to withdraw from the agreement.

2. The agreement withdrawal deadline is 14 days from the voucher's date of receipt (by handing it over or sending it to the Buyer's email address)

3. Among other things, the Buyer cannot withdraw from the agreement:

- on the provision of services, if they were fulfilled with their prior express consent before the withdrawal period's expiry and the Seller informed the Buyer before concluding the agreement that in such a case they have no right to withdraw from the agreement,

- on the use of free time, if the service is provided within the specified period,

- in other cases specified in § 1837 of the Civil Code.

4. The Buyer must send a statement of withdrawal within the withdrawal period in order to comply with the withdrawal period.

5. Withdrawal from the agreement will be sent by the Buyer to the Seller's specified email address within these terms and conditions. The Seller will confirm the receipt of the form to the buyer without delay.

6. If the Buyer withdraws from the agreement, the Seller will immediately return all funds received from them in the same way, but no later than within 14 days of the agreement withdrawal. 

7. The Seller is entitled to withdraw from the agreement due to the sale of services and unavailability of services. The Seller will inform the Buyer immediately via the email address specified in the order and return all funds in the same way within 14 days of notification of the agreement withdrawal, this includes delivery costs received from them under agreement.

 

VII. Delivery

1. The Contracting Parties may send all written correspondence to each other by electronic mail.

2. The Buyer delivers correspondence to the Seller at the lodnidoprava@elektrolodharta.cz. email address. The Seller delivers correspondence to the Buyer's email address specified in their customer account or in the order.

 

VIII. Defect liability

1. The contracting parties rights and obligations regarding the Seller's liability for defects are governed by the relevant generally binding regulations (especially the provisions of § 1914 to § 1925 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

2. The Buyer is obliged to report the provided service defect without undue delay after its discovery and no later than within six months from its provision. In the event of a remediable defect, the Buyer has the right to provide the service without a defect or a reasonable discount on the service price. In the event of an irreparable defect and if the service cannot be used properly, the Buyer has the right to either withdraw from the agreement or a reasonable discount on the service price.

3. The Buyer's rights arising from the Seller's liability for defects are exercised by the Buyer at the Seller's registered office.

 

IX. Personal Data Protection

1. If the Buyer is a natural person, their personal data will be processed by the Seller NorthMoravians - creative agency s.r.o. as a personal data controller to the extent necessary for processing purposes, particularly for the purposes of reciprocal commercial relations such as pre-contractual negotiations and the subsequent performance of concluded agreements. These are mainly contact and identification data (name and surname, residential address, e-mail address and telephone number) and other data necessary to perform the agreement. 

2. Another purpose of processing is to fulfil the personal data controller's legal obligations, especially in relation to tax and accounting regulations and after fulfilment of the agreement also to protect the controller's legitimate interests in case of court or other legal dispute.

3. Personal data is processed for the time necessary to fulfil the agreement or during maintaining the customer account. Due to the protection of legitimate interests, personal data is stored for a period of 10 years after the agreement's termination due to the administrator's protection in a possible litigation, which corresponds to an objective limitation period under the Civil Code. Some of the personal data is processed for the period resulting from tax and accounting legislation.

4. The administrator's contact details are given in Article I of these General Terms and Conditions. 

5. The data subject has the following rights vis-à-vis the personal data controller:

- the right to request access to personal data concerning the controller under Article 15 of the GDPR Regulation;

- the right to rectify personal data under Article 16 of the GDPR Regulation;

- the right to delete personal data pursuant to Article 17 of the GDPR Regulation;

- the right to restrict personal data processing under Article 18 of the GDPR Regulation;

- the right to personal data portability under Article 20 of the GDPR Regulation;

- the right to object to personal data processing under Article 21 of the GDPR Regulation.

6. The data subject also has the right to submit a complaint concerning the personal data processing to the supervisory authority, which is the Personal Data Protection Office, with its registered office in Lt. Col. Sochora 27, 170 00 Prague 7, www.uoou.cz.

7. the Buyer provides consent by concluding the agreement without further notice, to the free use of their image or likeness as part of any image record, transmission or production of the service for commercial or promotional purposes in the sense of § 84 of Act no. No. 89/2012 Coll., of the Civil Code (hereinafter referred to as the “Civil Code”), as part of the display of all or part of the service by the Seller and / or their contractual partners. The Buyer agrees to use the painting or portrait according to this provision and its contractual partners for an indefinite period, and the Buyer is entitled to withdraw their consent, whereas if revocation is unjustified by a substantial change of circumstances or another reasonable reason, the Buyer is liable to the Seller for the damage incurred as a result of revoking consent within the meaning of § 87 para. 2 of the Civil Code. Personal data processing in the use of Buyer's image records is governed by the information on personal data processing according to the previous paragraphs.

8. The Buyer further acknowledges that audio and / or video recordings may be made within the service for the purposes of press, radio, television or similar news. The Buyer acknowledges that the acquisition of these records does not require their consent within the meaning of § 89 of the Civil Code, if these records are used in a reasonable manner and if such use is not contrary to their legitimate interests.

9. By concluding the agreement, the Buyer provides the Seller with consent to use their personal data for marketing purposes, especially for sending information about the services provided by the Seller. 

 

X. Final Provisions

1. All agreements between the Seller and the Buyer are governed by Czech Republic law. If the relationship established by the contract contains an international element, then the parties agree that the relationship is governed by Czech Republic law. This does not affect the consumer's rights under generally binding legislation.

2. In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

3. All rights to the Seller's website, particularly the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller's consent.

4. The Seller is not responsible for errors caused by third-party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow them or third-parties to interfere or use the software or other components that make-up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.

5. The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

6. The agreement, including the business conditions, is archived by the Seller in electronic form and is not accessible.

7. The provisions of the terms and conditions are an integral part of the agreement. The agreement and business conditions are drawn-up in Czech language. The agreement can be concluded in Czech language.

8. The Seller handles consumer claims via the lodnidoprava@elektrolodharta.cz. electronic address. The Seller will send information regarding settling the Buyer's claims to the Buyer's e-mail address.

9. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID No.: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement for consumer disputes arising from the purchase agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and Buyer under the purchase agreement.

10. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21st, 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

11. The Seller is entitled to sell services on the basis of a trade licence. The trade licence inspection is performed by the relevant trade licencing office within its competence. The Personal Data Protection Office supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

12. The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

These business conditions take effect on 15.7. 2020

 

 

TClaims procedure "SHIP TRANSPORT ON THE HART"

These Claim Rules regulate the method and conditions of claims about the services provided by our company

NorthMoravians - kreativní agentura s.r.o.

          Business ID No.: 09254846

with their registered office at: Zámostní 1155/27, Slezská Ostrava, 710 00 Ostrava

 registered at the Commercial Register kept at the Regional Court in Ostrava, Section C 82507

           Contact details: Jakub Schramm

           Telephone: +420 774 111 115

           email: northmoravians@northmoravians.cz

           Website: www.northmoravians.cz

(hereinafter referred to as the "Seller")

in providing services within the SHIP TRANSPORT ON THE HART product.

 

Subject

1.1. These Claim Rules are regulated in accordance with valid legal regulations, particularly Act No. 89/2012 Coll., of the Civil Code, as amended (hereinafter the "Civil Code"), and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), the scope, conditions and manner of exercising the Buyer's rights from defective performance arising from the Seller's defects liability in the services provided and their settlement (hereinafter also "Claims").

Claims

2.1. In the case of defectively provided services or services that have been demonstrably ordered and confirmed, but not provided, the Buyer has the right to make a claim. The Buyer exercises the rights arising from defective performance with the Seller.

2.2. The Buyer is obliged to point out a defect in the services provided in a timely manner, without undue delay, and if possible, in the location where the service is provided. If the Buyer does not make a claim regarding a defect in the services provided without undue delay, the claim cannot be accepted. Pointing out the defect (claim) immediately on the spot allows the defect to be eliminated immediately, while over time it becomes more difficult to prove the objectivity of the assessment and therefore the possibility the claim's proper settlement.

2.3. When making a claim, the Buyer is obliged to state their name, surname, address, the content of the claim, justify their complaint and, if possible, prove the claim subject; at the same time, it is recommended to submit a proof of the service provided, a copy of the order, an invoice, a payment confirmation, etc., which will facilitate claim handling.

2.4. The Buyer can file a claim in any form with the date, claim subject and the required claim handling method. In the case of an oral complaint, the Seller's authorised representative is obliged to draw-up a claim protocol with the Buyer or issue a written confirmation of the claim's receipt. The protocol shall state the Buyer's personal data, when the Buyer made the claim, what the claim's content is, as well as the date and the required claim handling method.

Claim handling

3.1. The Seller is obliged to issue the Buyer with a written confirmation when the Buyer has filed a claim, what is the claim's content, what handling method the Buyer requires and further confirmation of the date and claim handling method or written justification for rejecting the claim.

3.2. If the Buyer exercises the right from defective performance related to the services provided to them or which have already been provided to them, the Seller is obliged to decide on the claim immediately, in complex cases within three working days, after the necessary examination of the factual and legal circumstances. The time required for a professional assessment of the defect is not included in this period. Claims must be settled without undue delay, no later than 30 days from the date of the Buyer's claim, unless a longer period is agreed with the Buyer.

3.3. In the case of written claims, the provisions of paragraph 3.1 of the Claims Procedure apply mutatis mutandis to their content.

Buyer's cooperation in handling claims

4.1. The Buyer is obliged to provide the necessary cooperation to settle the claim, particularly to provide information, submit documents proving the facts and specify their requirements.

Claim handling methods

5.1. In cases where the claim is considered to be wholly or partly justified, the claim's settlement consists in the free removal of the service defect, or in cases where it is possible to provide a replacement service. Depending on the extent and duration of the defect, the Buyer is entitled to a reasonable discount. This does not affect the Buyer's right to demand an agreement withdrawal in cases stipulated by law. In cases where the claim is considered unfounded, the Buyer is informed in writing of the reasons for rejecting the claim.

5.2. If circumstances arise, the origin, course and possibly the consequence does not depend on the Seller's procedure or circumstances on the Buyer's part, on the basis of which the Buyer does not fully or partially use the ordered, paid and secured services, the Buyer is not entitled to a refund or price discount.

Other provisions

6.1. In other respects, the provisions of generally binding legal regulations apply, particularly the Civil Code and the Consumer Protection Act.

6.2. In the event that a consumer dispute arises between the Seller and the Buyer as a consumer from the agreement for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated out-of-court settlement body of consumer disputes.

the Czech trade inspection

Central Inspectorate - ADR Department

Štěpánská 15

120 00 Prague 2

 

Email: adr@coi.cz

Website: adr.coi.cz

 

The consumer can also use the online dispute resolution platform set-up by the European Commission at http://ec.europa.eu/consumers/odr/

Final Provisions

7.1. These Claims Rules enter into force and effect on 15 July 2020.

7.2. These claims rules are published on the www.elektrolodharta.cz and https://lodnidoprava.reenio.cz/ websites