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Original Terms & Conditions (CZ language) here.
1.1 These Terms and Conditions of Business (hereinafter referred to as the “Terms and Conditions”) of Tradeer & Co s.r.o. , with its registered office at V Zátiší 810/1, Mariánské Hory, 709 00 Ostrava, identification number: 06627200, entered in the Commercial Register kept at the Municipal Court in Ostrava, section, insert C 72662 (hereinafter referred to as the “seller” or “provider”) in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) , or on the basis of a contract for the provision of services in the form of courses or consultancy (hereinafter referred to as “services”) concluded between the seller and another natural person (hereinafter “buyer” or “acquirer”) through the seller’s online store. The internet shop is operated by the seller on the website located at the internet address www.tradeer.io (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the shop”).
1.2. Business conditions do not apply to cases , where the person who intends to purchase goods or draw services from the seller is a legal entity or a person who orders goods in the course of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed in the purchase the contract. Deviating provisions in the purchase contract take precedence over the provisions enshrined in the terms and conditions
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in English. The purchase contract can be concluded in English
1.5. 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.
1.6. Based on the registration of the buyer made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods or services (hereinafter referred to as “user account”). If the interface of the store allows it, the buyer can also order goods or services without registration directly from the web interface of the store.
1.7. When registering on the website and when ordering goods or 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 in the event of any change. The data provided by the buyer in the user account and when ordering goods or services are considered correct by the seller.
1.8. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
1.9. The Buyer is not entitled to allow the use of the user account by third parties.
1.10. The Seller may cancel the user account, especially if the Buyer violates its obligations under the purchase agreement (including business conditions).
1.11. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the seller.
CONCLUSION OF THE PURCHASE AGREEMENT
1.12. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
1.13. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees.
1.14. The prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
1.15. To order goods, the buyer fills in the order form in the web interface of the store.
1.16. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “Order” button. The data listed in the order they are deemed correct by the seller.
1.17. The contractual relationship between the seller and the buyer arises by delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer’s e-mail address.
PRICE OF GOODS AND PAYMENT TERMS
1.18. The purchase contract can be paid by the buyer: – cashless transfer to the seller’s account.
1.19. By purchase price we also mean the costs associated with the delivery of goods.
1.20. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
1.21. The purchase price is payable within 3 days of the purchase contract in the form of cashless transfer.
1.22. In cashless payment the buyer is obliged to pay the purchase price of goods together with variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
1.23. Proof of payment of the purchase price shall be issued by the seller to the buyer after payment.
1.24. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person.
1.25. Unless it is a case referred to in Article 1.25 or o another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods. several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods.
1.26. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller’s office or to the seller’s e-mail address firstname.lastname@example.org.
1.27. In the event of withdrawal from the purchase contract pursuant to Article 1.26. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller.
1.28. In the event of withdrawal from Article 1.26 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract, and in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the entrepreneur.
1.29. The seller is entitled to unilaterally set off the claim for damages against the buyer’s right to return purchase prices.
1.30. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
1.31. If a gift is provided with the goods together with the goods, the gift contract is concluded between the seller and the buyer. from the purchase contract by the buyer, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the provided gift to the seller together with the goods.
1.32. Delivery of the product takes place in electronic form, either by sending a link to download the product to the buyer’s e-mail address. Or in another way agreed in advance and agreed by the buyer. (For example, by making the paid content available on the TradingView trading platform or providing access to the paid section of the tradeer.io website)
1.33. If the seller is obliged to deliver the goods electronically under the purchase contract, the buyer is obliged to take over the goods upon delivery.
1.34. If for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than electronically, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with another method of delivery.
1.35. When taking over the goods, the buyer is obliged to check the completeness of the goods and in case of any defects immediately notify the seller.
1.36. Other rights and obligations of the parties in transporting goods may modify special delivery conditions of the seller if issued by the seller .
RIGHTs FROM DEFECTIVE PERFORMANCE
1.37. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of §1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code) .
1.38. If the goods taken over have deficiencies (eg do not have agreed or legitimately expected properties, do not fit the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight, or quality does not correspond to other legal, contractual or even pre-contractual parameters), defects of goods for which the seller is responsible. The buyer may claim from the seller no later than two years after receipt of the goods at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay), the requirement to deliver a new item without a defective or defective component may apply, if the defect relates only to that component. the buyer may demand a full refund of the purchase price from the contract.
Within six months of receipt of the goods, it is presumed that the defect in the goods already existed when the goods were taken over. The seller is not obliged to comply with the buyer’s claim if he proves that the buyer knew or caused the defect before taking over the goods.
1.39. The seller is responsible for defects arising after receipt of the goods during the 24-month warranty period or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions. During this period, the buyer may file a complaint and at his option claim defects. regardless of whether the defect is remediable or irremediable): • elimination of the defect by delivery of a new item without a defect or by delivery of a missing item, • free removal of the defect by repair, • reasonable discount from the purchase price; or • refund of the purchase price on the basis of withdrawal from the contract. A breach of contract is substantial of which the breaching party already knew or should have known at the time of concluding the contract that the other party would not enter into the contract if he foresaw the breach. of the contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price. If the remediable defect occurred repeatedly after repair (third claim for the same defect or fourth for different defects ) or the goods have a large number of defects (at least three defects at the same time), the buyer can exercise the right to discount the purchase price, exchange goods or withdraw from the contract. The seller is not responsible for defects caused by non-compliance with instructions for use.
1.40. The seller or the person to be repaired without undue postponement of the finding of the deficiency. If he does so in writing to the address of the company’s registered office or electronically to the seller’s e-mail address email@example.com , he should provide his contact details, a description of the defect and a request for how to settle the complaint. chosen when notifying the defect, or without undue delay after notifying the defect. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that turns out to be irreparable.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling the complaint runs from the moment of the application (notification) of the complaint. The buyer will hand over or deliver the goods to the seller or to the place designated for repair at the same time or subsequently after the complaint has been lodged. The goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete. The seller is obliged to immediately, no later than three working days, decide on a complaint, or that the decision requires professional assessment . They shall provide the buyer with information on the need for an expert assessment within this period. Complaints, including the elimination of defects, the seller will handle without undue delay, no later than 30 days after its application, unless they agree in writing with the buyer on a longer period. After this period, the buyer has the same rights as if it were a material breach of contract. If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract. The warranty period is extended by the time from claim to settlement or until the buyer was obliged to pick up the item. If the goods or part thereof are exchanged, the seller’s liability shall apply as if it were a purchase of new goods or part thereof. If it is not possible to monitor the status of the complaint online, the seller undertakes to inform the buyer by e-mail of the buyer’s complaint. message or via SMS. In the case of a justified complaint, the buyer is entitled to reimbursement of expediently incurred costs.
PROTECTION OF PERSONAL DATA
1.41. The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the seller. Purpose of processing, scope of personal data and legal basis For processing, the Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, securing removal and delivery of goods) and possible settlement of rights of performance (complaints) the administrator will process and store in accordance with Regulation (EU) 2016 / 679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), its personal data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed – payment data, etc.).
The legal basis for the processing of personal data is, in accordance with Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party. Category of recipients / recipients of personal data The controller undertakes not to provide the buyer’s personal data to anyone. Storage time : Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal and delivery of goods) and for the statutory warranty (24 months from receipt of goods) or the contractual warranty. Notes that, pursuant to Section 31 of the Accounting Act (No. 593/1991 Coll.), the administrator is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under § 47 of the Act on the Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie if you buy goods during 2018 , the invoice must be kept for tax purposes until the end of 2021). The invoice contains the following personal data: name, surname and address. FOR VAT PAYERS: The buyer also acknowledges that the administrator is obliged to keep tax documents for 10 years according to § 35 of the Value Added Tax Act (No. 235/2004 Coll.) from the end of the tax period in which the performance took place (that is, if you purchase goods during 2018, the invoice must be retained until the end of 2028). The tax document contains the following personal data: name, surname and address. Buyer’s right in relation to personal data The buyer further acknowledges that under Articles 15 to 21 of the GDPR he has the right to: a) access the public data contained in the report to obtain confirmation from the administrator personal data concerning him are or are not processed and, if so, he has the right to gain access to such personal data and information as defined in Article 15 of the GDPR(b) to correct inaccurate personal data concerning him or her, taking into account the purposes of the processing, the buyer has the right to supplement incomplete personal data, including by providing an additional declaration in accordance with Article 16 of the GDPR; (c) deletion (“right to be forgotten”) , which consists in the controller deleting without undue delay the personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legitimate reason for their further processing; (E) the portability of data under the terms of Article 20 of the GDPR, (f) object to the processing of personal data under Article 21 of the GDPR. In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory body in this area, and file a complaint with him.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1.42. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
1.43. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.1.44. The out-of-court settlement of consumer complaints is provided by the seller via the electronic address firstname.lastname@example.org . The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.1.45. The seller is entitled to sell the goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
1.80. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
1.81. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
1.82. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
1.83. Contact details of the seller: address for delivery V Zátiší 810/1, Mariánské Hory, 709 00 Ostrava, e-mail email@example.com
In Ostrava on 17. 3. 2020