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TERMS AND CONDITIONS of

 

trading company

World Class Invest s.r.o.,

with the registered office in Prague 1, Wenceslas Square 808/66, postal code 110 00, Czech Republic,

ID No: 038 16 150,

registered in the commercial register at the municipal court in Prague, Section C, number 237923

for sales of goods and services by means of an online shop situated at the web address

www.worldclass.cz

 

1. Introductory Provisions

 

• The Terms and Conditions (hereinafter referred to as „Terms and Conditions“) of the trading company World Class Invest s.r.o., ID No: 038 16 150, based in Prague 1, Wenceslas Square 808/66, Postal Code 110 00, Czech Republic, ID No: 038 16 150, registered in the commercial register at the municipal court in Prague, Section C, number 237923 (hereinafter referred to as „the Seller“) govern, in accordance with Article 1751 (1) of Act No 89/2012 of the Civil Code, as amended (hereinafter referred to as „Civil Code“), the reciprocal rights and obligations of the contracting parties incurred in connection with or based on the purchase contract (hereinafter referred to as „the Purchase Contract“) concerning the sale of goods – a publication (of a book) entitled „No One Cries For You“ from the author Ulf Karl Gerhard Bengtsson and, furthermore, the sale of rights of the purchaser to a share in profits generated by future sale of the publication concerned (hereinafter referred to as „the Goods), which shall be concluded between the Seller and another natural or legal person (hereinafter referred to as „the Purchaser“) by means of the Seller’s internet shop, operated at the web address www.noonecriesforyou.eu through a web interface (hereinafter referred to as „Web Interface of the Shop“).

1.2. The Terms and Conditions relate to:

1. a) purchasers with the status of a consumer, i.e. persons who, at closing of the purchase contract with the Seller, act outside their business activity or independent exercise of their profession (hereinafter referred to as „the Purchaser – Consumer“), as well as to
2. b) purchasers who, at closing of the purchase contract, act within their business activity or independent exercise of their profession (hereinafter referred to as „the Purchaser – Entrepreneur“).

For the purposes of this contract, the term „purchaser“ hereinafter shall mean both the Purchaser – Consumer and the Purchaser – Entrepreneur.

1.3. Legal relationship between the Purchaser – Consumer and the Seller shall be governed by these terms and conditions, the Civil Code, the Act No 634/1992 on consumer protection, as amended (hereinafter referred to as „Consumer Protection Act“), Act No 101/2000 on personal data protection, as amended (hereinafter referred to as „the Personal Data Protection Act“), as well as by any other relevant legislation.

1.4. Legal relationship between the Purchaser – Entrepreneur and the Seller shall be governed by these terms and conditions, the Civil Code, the Personal Data Protection Act and by any other relevant legislation.

1.5. The Purchaser acknowledges that the Terms and Conditions are binding on the contractual parties and, by sending the order to the Seller, confirms that he is accepting the Terms and Conditions.

1.6. The conditions derogating from the content of the Terms and Conditions may be negotiated between the contractual parties separately within the scope of the Purchase Contract. The derogating provisions in the Purchase Contract shall take precedence over the provisions of the Terms and Conditions.

1.7. The content of the Terms and Conditions forms an integral part of the Purchase Contract. Both the Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in Czech or English language.

1.8. The Purchaser is entitled to modify or amend the wording of the Terms and Conditions, provided that he will publish such a modification on the web site www.noonecriesforyou.eu without unnecessary delay. This provision shall be without prejudice to legal rights incurred during the validity period of the previous version of the Terms and Conditions.

 

2. Access to the Website

 

2.1. The Purchaser is entitled to access the web site  www.noonecriesforyou.eu of the Seller, on which he may order Goods by filling in the relevant data in the shopping basket. The Purchaser is entitled to accurately fill in and negotiate the essentials and additional conditions of the Purchase Contract.

2.2. The Purchaser is obliged to specify in the shopping basket correct and truthful information which enable the issue of a valid invoice and duly delivery of the ordered Goods by the Seller. The Purchaser is obliged to update the shopping basket data following any amendment.

2.3. The access to the web site is free for any purchasing person interested.

2.4. The Purchaser takes note that the web site may not be accessible continuously, in particular with regard to necessary maintenance of hardware and software equipment of the Seller or to other similar cases.

 

3. Purchase Order and Conclusion of the Purchase Contract

 

3.1. Any presentation of Goods placed on the web interface is of informative character only, does not represent any offer for purchase contract, nor any obligation of the Seller to conclude a purchase contract regarding these Goods. The provision of Article 1732 (2) of the Civil Code does not apply.

3.2. The description of the Goods is decisive for characteristics of the Goods offered on the web interface of the Seller. The Seller shall provide a confirmatory e-mail in which the Purchaser, after completing and placing of order (filling in the shopping basket data), obtains a confirmation of the order terms, method of payment etc.

3.3. Subject of the Purchase Contract is the purchase of Goods according to the Terms and Conditions, whereby the Goods mean any goods displayed on the Seller’s web interface (shopping basket).

3.4. The e-shop web interface (shopping basket) contains information on the Goods, in particular information on the purchase price in USD currency (US dollar), including legal VAT in accordance with the valid legislation. The supply of Goods and relevant prices are valid for the time that they are displayed on the shop web. This provision shall not limit the authority of the Seller to conclude the Purchase Contract under the individually agreed conditions. The Seller is not obliged to conclude the Purchase Contract with the Purchaser for the Goods displayed on the web site, in particular with regard to the possibility that the stocks are exhausted.

3.5. Furthermore, the shop web interface (shopping basket) contains information on costs related to the delivery of Goods, i.e. packing and transportation costs. The costs related to the delivery of Goods may vary depending on the chosen type of delivery. If the delivery costs cannot be calculated in advance, they may be charged to the Purchaser additionally. The information is valid only for the duration of its display on the shop web interface (shopping basket).

3.6. The Purchaser orders from the Seller the Goods displayed on the web site  www.noonecriesforyou.eu, by means of an order form – shopping basket, which enables the Purchaser to choose the type and volume of Goods, as well as purchase price payment method. The Purchaser is obliged to truthfully fill in the data in the shopping basket indicated as obligatory. The order form further contains information on the ordered Goods, purchase price including its payment method, information on requested delivery method, as well as costs related to the delivery of the ordered Goods (hereinafter referred to as „Purchase Order“).

3.7. Before the data in shopping basket are completely filled and the Purchase Order is sent to the Seller, the Purchaser is enabled to check and amend the data entered by him as necessary, in order to detect and correct any errors which may have arisen upon placing the order. The data stated in the Purchase Order are considered to be correct by the Seller. Immediately upon receipt of the Purchase Order, the Seller shall confirm it to the Purchaser by electronic mail to the address given in the user interface or in the Purchase Order (hereinafter referred to as „E-mail Address of the Purchaser“).

3.8. The ordering process is completed by confirming the order form by the Purchaser. By completing the Purchase Order the Purchaser declares his intention to obligatorily order the Goods in the quantity stated in the Purchase Order.

3.9. With regard to the type of order, in particular as regards the quantity of Goods, the purchase price or estimated delivery costs, the Seller is at any time entitled to ask the Purchaser for additional confirmation of his order and the Purchaser is obliged to confirm his order to the Seller without delay.

3.10. The Purchase Order of the Purchaser is to be regarded as an offer for a Purchase Contract for the Goods stated therein. The conclusion of the Purchase Contract between the Purchaser and the Seller occurs at the time, when the confirmation on receipt of the order by the Seller is delivered to the electronic address of the Purchaser. The Seller is obliged to immediately confirm the Purchase Order made by the Purchaser on the Purchaser’s e-mail address or to otherwise express his opinion on the Purchase Order.

3.11. The Purchaser agrees to the use of remote means of communication in order to conclude the Purchase Contract. All costs incurred to the Purchaser while using the remote communication means in relation to the conclusion of the Purchase Contract (costs related to the internet access, phone calls etc.) shall be borne by the Purchaser.

3.12. By concluding the Purchase Contract, the Seller undertakes to deliver the ordered Goods to the Purchaser and the Purchaser undertakes to accept the Goods from the Seller or from any other person authorized by the Purchaser and to pay the agreed purchase price to the Seller.

3.13. Contents of the Purchase Contract may be amended or supplemented only with the agreement of both parties and in written form only.

 

4. Price of Goods / Services and Terms of Payment

 

4.1. The price of Goods is stated and shall be paid in USD currency (US dollar).

4.2. The price of Goods is stated on the web interface (shopping basket) including the statutory value added tax.

4.3. The Purchaser may pay the purchase price for the Goods and any costs related to the delivery of Goods to the Seller in one of the following ways:

1. a) non-cash by bank transfer or by depositing money to the Seller’s bank account No. CZ03 0000 0010 2293 2137, BIC (SWIFT) EQBKCZPP, opened with the Equa Bank a.s., whereby the Purchaser shall state the number of his Purchase Order as the variable symbol;
2. b) non-cash payment by payment card (payment gateway).

4.4. Together with the purchase price, the Purchaser is obliged to reimburse the Seller for expenses relating to the packing and delivery of the Goods in the agreed amount, whereby these costs may be charged to the Purchaser in addition, should it not be possible to determine the costs in advance. Unless otherwise stated in what follows, the purchase price means also the costs relating to the delivery of Goods.

4.5. The Seller and the Purchaser have agreed that the purchase price shall be paid in the form of advance payment. This advance payment in the amount of 100% of the Purchase Price shall be paid in advance. This shall be without prejudice to the possibility for the Purchaser to additionally account for delivery costs according to provisions of Article 5.8. of the Terms and Conditions.

4.6. The price is payable in advance prior to the delivery of the Goods, but not later than within 5 days from the day following the conclusion of the Purchase Contract.

4.7. The obligation of the Purchaser to pay the purchase price is met in the moment at which the relevant amount is credited to the Seller’s account.

4.8. The Seller is entitled, especially in the case that the Purchase Order is not sufficiently confirmed by the Purchaser in accordance with provisions of Article 3.9 of the Terms and Conditions, to require from the Purchaser the payment of the purchase price in full amount even prior to the shipment of the Goods. With regard to the mode of transmission of the object – the Goods – by the Seller to the Purchaser, which excludes the possibility of the inspection of the Goods, the first sentence of the provision of Article 2119 (1) of the Civil Code is hereby ruled out.

4.9. The Seller does not grant any purchase price deductions to the Purchaser, except as otherwise expressly provided.

4.10. For the services provided the Seller shall issue and transmit or send an invoice to:

1. a) the Purchaser – Consumer once the purchase price for the ordered Goods has been paid in full amount;
2. b) the Purchaser – Entrepreneur once the purchase price for the ordered Goods has been paid in full amount.

4.11. The Seller is VAT payer. The tax document – invoice – shall be transmitted to the Purchaser by the Seller in electronic form to the e-mail address of the Purchaser.

 

5. Arrangements for Delivery of the Goods

 

5.1. The delivery method of the Goods to the Purchaser:

1. a) personal collection of the Goods at the place agreed upon in the Purchase Contract,
2. b) sending Goods cash on delivery to the Purchaser by a carrier.

5.2. Unless otherwise agreed upon between the Seller and the Purchaser, the Seller undertakes to ensure the packing of the Goods according to the best practices or in such a way which is necessary for preservation and protection of the Goods. The above mentioned shall be used also for the Goods, which are to be delivered to the Purchaser by a carrier (hereinafter referred to as „Consignment“).

5.3. In the case that the mode of the transport is agreed on the basis of a special request of the Purchaser, the Purchaser shall bear the risk and any additional costs related to this mode of transport.

5.4. The Seller shall ensure that the Goods are delivered to the Purchaser within the period according to the concluded Purchase Contract, unless otherwise agreed upon between the contractual parties, or that the Purchaser is informed within the stated period about the delivery of the Goods at a later time, in which case the contractual parties shall agree on the date of delivery.

5.5. The Seller is not obliged to deliver the Goods to the Purchaser in any way other than specified herein.

5.6. If it is necessary, for any reason on the Purchaser’s part, to deliver the Goods repeatedly or in any way other than specified in the Purchase Order, the Purchaser is obliged to reimburse the Seller for any costs incurred by such repeated or other way of delivery.

5.7. On receipt of the Goods from the carrier, the Purchaser is obliged to check whether the packaging of the Goods is intact and to immediately report any defects on the packaging to the carrier. The Purchaser is entitled to refuse to accept the Goods from the carrier only if he finds unjustifiable intrusion into or interference with the Consignment. The Purchaser is also obliged to immediately inform the Seller about this fact.

5.8. The Web Interface of the Shop (shopping basket) includes, among others, information on costs relating to the delivery of Goods, i.e. costs occurred in connection with packaging and transport, whereby this information is valid only for the Goods delivered within the territory of the Czech Republic. Should the Goods be delivered outside the territory of the Czech Republic, the terms and costs of delivery shall be established additionally and separately.

5.9. The supply of Goods means the moment of the delivery of the Goods to the Purchaser in accordance with the Purchase Contract. An unfounded refusal of the Purchaser to accept the Goods shall not be regarded as a failure of the Seller to fulfil the obligation of delivering the ordered Goods. On dispatch, the handover of the Goods to the Purchaser means the handover of the Goods to the first carrier, whereby at the Purchaser – Consumer’s premises this occurs at the moment when the Goods are handed over by the carrier to the benefit of the Purchaser – Consumer, unless the Purchaser – Consumer designates his own carrier, without having been offered any by the Seller.

5.10. The method of delivery of Goods is specified in the Purchase Contract. If the Purchaser fails to take over the Goods upon their delivery, the Seller is entitled to require the reimbursement for the costs incurred in connection with the delivery and storage of Goods and, at the same time, is entitled to terminate the Purchase Contract.

5.11. In accordance with the Article 2132 of the Civil Code, the Seller reserves the right of ownership of the Goods, namely up to the complete payment of the Purchase Price by the Purchaser and the handover of the Goods to the Purchaser.

5.12. Costs of supplying the ordered Goods are specified on the Web Interface of the Shop and are chargeable to the Purchaser. Unless expressly stated otherwise herein, the Purchase Price does not include these costs.

 

6. Purchaser – Consumer’s Right of Withdrawal from the Purchase Contract

 

6.1. The Purchaser – Consumer notes that, in accordance with Article 1837 of the Civil Code, he is not entitled, among others, to withdraw from the Purchase Contract for:

1. a) the delivery of goods whose price is dependent on the fluctuations of the financial market which are beyond the control of the Seller and which may occur throughout the withdrawal period;
2. b) the delivery of goods which have been modified at the request of the Purchaser – Consumer or for his personal use;
3. c) the delivery of perishable goods and goods which have been irretrievably mingled with other goods;
4. d) the delivery of goods in sealed package which have been removed from the packaging by the Purchaser – Consumer and which cannot be returned for hygiene reasons;
5. e) the rendering of service which has been already accepted by the Purchaser.

6.2. Except as provided for in Article 6.1. of the Terms and Conditions or in other cases where it is not possible to withdraw from the Purchase Contract, the Purchaser – Consumer has the right of withdrawal from the Purchase Contract without giving any reason in accordance with Article  1829 (1) of the Civil Code, within 14 days following the day of taking over the Goods. Where the Purchase Contract has as its object several types of goods or their parts, the period for the withdrawal of the Purchaser – Consumer from the contract shall start from the day at which the takeover of the last Consignment was realised. In order to meet the deadline for the withdrawal from the Purchase Contract it is sufficient, if the communication of withdrawal was demonstrably sent by the Purchaser – Consumer within the above mentioned period.

6.3. For the purposes of the right to withdraw from the Purchase Contract, the Purchaser – Consumer is obliged to notify the Seller of such withdrawal within a period in accordance with provisions of Article 6.2. of the Terms and Conditions in one of following ways:

1. a) by a letter to the address Prague 1, Wenceslas Square 782, postal code 110 00, Czech Republic
2. b) by e-mail to the electronic address of the Seller provided on the Web Interface of the Shop.

6.4. The Seller may use the model form for withdrawal from the Purchase Contract annexed to the Terms and Conditions.

6.5. In case of withdrawal from the Purchase Contract according Article 6.2. of the Terms and Conditions the Purchase Contract shall be null and void. The Goods are to be returned to the Seller undamaged, not worn and, when possible, in the original packaging, within 14 days from the day of withdrawal of the Purchaser – Consumer from the Purchase Contract in accordance with provisions of Article 1831 (1) of Act No 89/2012 of the Civil Code. The period for returning the Goods remains the same, if the Purchaser – Consumer within the given time limit demonstrably sends the Goods back to the Seller.

6.6. In accordance with the Article 6.5 of the Terms and Conditions, the Goods shall be returned by the Purchaser – Consumer personally or by parcel post to the address Prague 1, Wenceslas Square 782, postal code 10 00, Czech Republic. If the Purchaser intends to send the Goods back by parcel post, he has to ensure that the Goods are made secure against damage or destruction. The provision of compensation for Goods damaged or destroyed during the transport as a result of inappropriate packaging cannot be made to the Purchaser – Consumer in full amount of the Purchase Price. Costs of returning the Goods to the Seller in case of withdrawal by the Purchaser – Consumer are to be borne by the Purchaser – Consumer in accordance with Article 1832 (3) of Act No 89/2012 of the Civil Code, even if the Goods cannot be returned by regular post due to their nature. The costs of returning the Goods correspond to those incurred by the Seller for delivering the Goods to the Purchaser.

6.7. The Seller is, without unnecessary delay after the receipt of the returned Goods by the Purchaser, entitled to carry out inspection of the returned Goods, particularly in order to examine whether they are damaged, worn or partly consumed.

6.8. In case of valid withdrawal of the Purchaser – Consumer from the Purchase Contract in accordance with the Terms and Conditions and relevant legislation, financial means representing the Purchase Price and delivery costs which the Seller has received from the Purchaser shall be returned to the Purchaser by the Seller in accordance with provisions of Article 1832 (1) of the Act No 89/2012 of the Civil Code, within 14 days from the day when the notice of withdrawal by the Purchaser – Consumer has been delivered to the Seller. However, the Seller is not obliged to return this amount of money to the Purchaser – Consumer until the Purchaser – Consumer hands over the Goods to him or otherwise proves that he has properly sent the Goods back to the Seller.

6.9. If the Purchaser – Consumer chooses a way of delivery other than the least costly one offered by the Seller, the Seller is obliged to return to the Purchaser – Consumer the costs only in the amount corresponding to the cheapest method of delivery offered. The return of the money for delivery service mentioned above does not apply to personal collection of the Goods by the Purchaser – Consumer.

6.10. The return of the received money to the Purchaser – Consumer shall be realized in the same way as the Purchase Price paid by the Purchaser – Consumer has been accepted by the Seller, or in any other way on the basis of an arrangement between the contractual parties. The Seller is entitled to return the money to the Purchaser – Consumer already upon the returning of the Goods.

6.11. The Purchaser – Consumer acknowledges that he is responsible for the reduction of the value of Goods resulting from them being treated in other way than is necessary to become familiar with their nature and properties including functionality, that is to say that the Purchaser – Consumer assumes liability for any damage, wear or partial consumption of the returned Goods. The Seller is thereby entitled to make a claim against the Purchaser – Consumer for damages thus caused, whereby his entitlement to the compensation shall be set off against the entitlement of the Purchaser – Consumer to the refund of the Purchase Price.

6.12. Until after the Goods have been taken over by the Purchaser – Consumer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case the Seller shall return the purchase price to the Purchaser – Consumer without undue delay, in the same way as he has received the purchase price from the Purchaser – Consumer, or in any other way on the basis of an arrangement between the contractual parties.

6.13. If a gift was made by the Seller together with the Goods delivered according to the Purchase Contract from which the Purchaser – Consumer has withdrawn, the donation agreement between the parties is concluded with the resolutive condition stipulating that if the Purchaser – Consumer withdraws from the Purchaser Contract, the donation agreement regarding the gift shall cease to have effect  and the Purchaser – Consumer shall be obliged to return the provided gift together with the Goods to the Seller, unless otherwise agreed  between them.

 

7. Rights from Defective Performance

 

7.1. Rights and obligations of the contractual parties regarding rights arising from defective performance shall be governed by provisions of the valid legislation, in particular by provisions of Article 1914 – 1925, Article 2099 – 2117 and Article 2161 – 2174 of the Civil Code.

7.2. In the provisions of Article 7 of the Terms and Conditions, the tangible item means the Goods which are subject of the Purchase Agreement between the Seller and the Purchaser.

7.3. The Purchaser is obliged to inspect the Goods thoroughly upon their receipt and to make certain of their properties and quantity.

7.4. The Seller is liable to the Purchaser that at the time of takeover the tangible item does not present any defect, in particular that the item:

1. a) has properties which were agreed upon between the contractual parties, provided that in the absence of such an agreement, the item has properties which the Seller or the producer has described or which the Purchaser expected with regard to the nature of the item or on the basis of advertising;
2. b) is fit for the purpose stated by the Seller or for which the item of this kind is usually used;
3. c) corresponds in quality or design with the agreed sample or template if its quality or design was determined according to such a sample or template;
4. d) is delivered in corresponding quantity, scale, weight, quality and design, provided that if the quality and design was not agreed, the Seller shall perform in quality and design suitable for the purposes apparent from the Purchase Contract or otherwise usual for this purpose; and
5. e) complies with the requirements of the applicable law.

7.5. If any defect shows within 6 months from the takeover of the item, it is considered that the Goods was defective already at the takeover.

7.6. The Purchaser has no entitlement arising from the defective performance if, prior to the takeover of the Goods, he knew that the item is faulty, or if he himself caused this defect.

7.7. The Purchaser is entitled to claim the right arising from the defect which appears within 24 months for new goods, or within 12 months for second-hand goods. The guarantee applies for defects, given that the item which is subject of the Purchase Contract has properties agreed upon between the contractual parties and, in absence of such an agreement, the item has properties described by the Seller or the producer, or properties which may be expected by the Purchaser with regard to the nature of the goods.

7.8. In the event of detected faults in the delivered Goods, the Purchaser is obliged to notify the Seller without undue delay of the defect. If the Purchaser fails to notify the Purchaser without undue delay of a defect which he could have detected at the timely inspection and sufficient care, he has no right arising from defective performance granted by the court. The same applies in the case of a latent defect, if the defect was not reported without undue delay after the Purchaser could have detected it at the timely inspection and sufficient care, but no later than within 2 years after the item was handed over.

7.9. The Purchaser is not entitled to claim rights arising from defective performance against the Seller regarding such a defect, which, with usual care, the Purchaser must have detected already at the conclusion of the Purchase Contract. By contrast, the responsibility of the Seller according to the above mentioned arises, if he expressly assured the Purchaser that the item is free from defects.

7.10. The Purchaser is not entitled to claim the defect of the item if it is demonstrated that he used the item in a way which is contrary to its purpose and the instruction manual. The Purchaser is obliged to acquaint himself with the instruction manual which accompanies the item or to request information on the item from the Seller, and the Seller is obliged to provide it.

7.11. After the purchase price has been paid, the Seller is obliged to issue a proof of purchase to the Purchaser which serves as a guarantee statement for the Purchaser for purpose of his liability for defects.

7.12. Rights arising from defective performance (hereinafter referred as to „Complaints“) may be exercised by the Purchaser:

1. a) at the address Prague 1, Wenceslas Square 782, postal code 110 00, Czech Republic,
2. b) or by electronic mail at the address helpdesk@worldclass.cz.

7.13. The moment of lodging the complaint is deemed to be the moment, at which the Seller receives the objected Goods from the Purchaser together with a precise description of the defect or its manifestation. The Purchaser can return the objected Goods as follows:

1. a) at the address Prague 1, Wenceslas Square 782, postal code 110 00, Czech Republic.

7.14. If the defective performance means a serious breach of contract, the Purchaser has right to:

1. a) correction of a defect by delivering a new flawless or missing item or its part or by rendering a compensatory service, if it is inadequate regarding the nature of the defect,
2. b) correction of a defect by repair,
3. c) adequate purchase price discount or
4. d) withdrawal from the Purchase Contract.

7.15. The serious breach of the Purchase Contract means such a severe breach of obligations of which the offending party knew already at the conclusion of the Purchase Contract or must have known that the other party would not conclude the Purchase Contract if such a breach was foreseeable.

7.16. In the event of serious breach of the Purchase Contract, the Purchaser shall inform the Seller about the legislation he has chosen at or, without undue delay, after the notification of defect. The option chosen cannot be altered by the Purchaser without the consent of the Seller, unless the Purchaser requests the repair of a defect which would prove itself as irreparable.

7.17. If the Seller does not corrects the defects within a reasonable period or does not inform the Purchaser that he will not correct them, the Purchaser may request an adequate discount from the Purchase Price instead such correction or he may withdraw from the Purchase Contract.

7.18. If the Purchaser does not choose the legislation in time according to the provision of Article 7.16. of the Terms and Conditions, he may claim rights arising from defective performance at a marginal breach of the Purchase Contract.

7.19. The Purchaser – Consumer is entitled to receive an adequate discount from the Purchase Price even if the Seller is unable to deliver to him a new item without defects, to replace its part or to repair the item in any other way or to render a new service. The Purchaser – Consumer has this right also in the case where the Seller does not take a corrective action within reasonable period or in the case where such a corrective action would cause considerable difficulties to the Purchaser – Consumer.

7.20. If the defective performance means an insignificant breach of the contract, the Purchaser is entitled to:

1. a) correction of a defect by delivering a new flawless or missing item or its part or by rendering a compensatory service, if it is inadequate regarding the nature of the defect,
2. b) correction of a defect by repair,
3. c) adequate purchase price discount.

7.21. Until the Purchaser claims right to an adequate discount from the Purchase Price or until he withdraws from the Purchase Contract, the Seller may deliver the missing items or remove the formal defect. Defects of other nature may be removed by the Seller at his discretion by repairing the item or by delivering a new one.

7.22. If the Seller fails to remove the defects of the Goods in time or if he refuses to do so, the Purchaser may request the discount from the Purchase Price or withdraw from the Purchase Contract. The choice made in such a way cannot be altered by the Purchaser without the consent of the Seller.

7.23. At the delivery of new Goods by the Seller, the Purchaser shall return the originally delivered Goods to the Seller and at his expense.

7.24. The Purchaser is not entitled to withdraw from the Purchase Contract in cases referred to in Article 2110 and 2111 of the Civil Code.

7.25. If a gift was made by the Seller together with the Goods delivered according the Purchase Contract from which the Purchaser – Consumer has withdrawn, the donation agreement between the parties is concluded with the resolutive condition stipulating that if the Purchaser – Consumer withdraws from the Purchaser Contract, the donation agreement regarding the gift shall cease to have effect  and the Purchaser – Consumer shall be obliged to return the provided gift together with the Goods to the Seller, unless otherwise agreed  between them.

7.26. If the item was replaced, the guarantee period shall begin again from the takeover of the new item. In case of replacement of only a part of the item, the new guarantee period shall run only in relation to that part.

7.27. By the quality guarantee the Seller ensures that the item shall be for a certain period of time fit for use for the usual purpose, or that it retains its normal properties. The stating of the guarantee period or useful life of the item on its packaging or in adverts has the same effect. The guarantee may be provided also for individual part of the item.

7.28. The guarantee period shall begin from the handover of the Goods to the Purchaser or, if the Goods were sent to him, the guarantee starts from the receipt of the item at the place of destination. If the item is to be put into service by someone other than the Seller, the guarantee period shall begin only as from the entry into service, but only where the Purchaser ordered the entry into service within not more than three weeks from the takeover of the item and has provided all the necessary information for this purpose.

7.29. The Purchaser does not have right arising from the quality guarantee, if the defect was caused by an external event after passing of risk to the Purchaser, unless the defect was caused by the Seller.

 

8. Protection of Personal Data

 

8.1. Protection of personal data of the Purchaser who is a natural person shall be provided under the Act No 101/2000 on protection of personal data, as amended (hereinafter referred to as „Data Protection Act“). The Seller declares that all personal data provided to him are considered confidential, are only for internal use and will not be misused by the Seller.

8.2. The Purchaser gives his free consent to the processing of the following personal data: name, surname, academic degree, place of residence, address for service, identification number, VAT number, e-mail address, phone number and information on purchase orders of the Purchaser  (hereinafter referred to as „Personal Data“).

8.3. The Purchaser gives his consent to the processing of his Personal Data for the purposes of realisation of rights and obligations under the Purchase Contract and of maintaining a user account. If the Purchaser does not choose another option, he gives his consent to the processing of his Personal Data by the Seller also for the purposes of sending information and commercial communication to the Purchaser. The consent to the processing of the Personal data in their entirety according to this provision does not represent a condition which would prevent the conclusion of the Purchase Contract.

8.4. The Purchaser is obliged to provide his Personal Data truthfully and accurately and to inform the Seller of their changes, at the registration, in his user account and when he makes an order, primarily for purposes of proper supply of Goods and issuing the invoice.

8.5. The Seller may authorize a third party to process his Personal Data, provided that except from persons carrying out the delivery of Goods to the Purchaser and implementing the Purchase Contract, the Personal Data shall not be transferred to third parties by the Seller without the prior consent of the Purchaser.

8.6. The Personal Data shall be processed for the period of ten years after which time the data carriers will be disposed of. The Personal Data shall be processed both in electronic and printed form.

8.7. The Purchaser confirms that the provided Personal Data are correct and that he has been informed that the Personal Data are provided on a voluntary basis.

8.8. Should the Purchaser consider that the Seller or other authorized person is processing his Personal Data in violation of protection of the private and family life or contrary to law, especially when the Personal Data are inaccurate with regard to the purpose of their processing, he is entitled to:

1. a) request explanation from the Seller or from another authorized person,
2. b) request the Seller or another authorized person to remedy the objectionable condition. If the Purchaser’s request according to the previous sentence is found to be justified, the Seller or another authorized person shall immediately remedy this objectionable condition.

8.9. The Seller is obliged to provide the Purchaser at his request with the information on processing his Personal Data. The Seller is entitled to request an adequate compensation for supplying this information, not exceeding the costs which are necessary for supplying this information to the Purchaser.

 

9. Other Rights and Obligations of the Contractual Parties, Final Provisions

9.1. The Seller is not bound by any code of conduct within the meaning of the Act 1826 (1) lit.  e) of the Civil Code in his relationship with the Purchaser.

9.2. Out-of-court complaints procedures for the settlement of disputes of the purchasers are ensured by the Seller through e-mail address helpdesk@worldclass.cz. The information on settlement of a claim will be sent by the Seller to the e-mail address of the Purchaser.

9.3. The Seller is entitled to sell the Goods on the basis of the business licence. The competent authority is the Trade Licensing Office which carries out checks within the area of its competence. The supervision of personal data protection is exercised by the Personal Data Protection Authority. The supervision of compliance with Consumer Protection Act is exercised within a restricted range by the Czech Trade Inspection Authority. The Purchaser may submit his complaints to the above mentioned authorities when necessary.

9.4. The Purchaser hereby takes on the risk of changed circumstances within the meaning of Article 1765 (2) of the Civil Code.

9.5. If the legal relationship in connection with the use of the Web Interface of the Shop or the conclusion of the purchase contract include an international element, the contractual parties agrees that this legal relationship shall be governed by the Czech legal system. The rights of the consumer arising from general binding provisions are hereby not affected.

9.6. The Purchase Contract, including the Terms and Conditions, shall be stored by the Seller in electronic form and shall not be accessible.

9.7. Annexed to the Terms and Conditions is a model withdrawal form for the Purchaser – Consumer according to the Article 6.4. of the Terms and Conditions.

9.8. If any provision of the Terms and Conditions becomes invalid or unenforceable, it will be replaced by a new valid and enforceable provision that most closely matches the intent and the purpose of the Terms and Conditions. Such invalid or inefficient provision of the Terms and Conditions does not affect the validity or enforceability of the other provisions of the Terms and Conditions. Any changes or amendments of the Terms and Conditions require the written form.

9.9. The Terms and Conditions shall enter into force and shall take effect as of January 1st 2017.

9.10. Contact details of the Seller

 

Head office:                                       Prague 1, Wenceslas Square 808/66, postal code 110 00,

Address for service:                           Prague 1, Wenceslas Square 782, postal code 110 00,

E-mail address:                                  hepldesk@worldclass.cz

Web site:                                            www.noonecriesforyou.eu