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- GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION Table of Contents 1) Scope of application 2) Conclusion of contract 3) Right of withdrawal 4) Prices and payment terms 5) Delivery and shipping conditions 6) Retention of title 7) Liability for defects 8) Customisable law 9) Alternative dispute resolution Subscribe to our emails 1) Scope of application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of SIA Solution (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller on the Internet website www.solit.me. 1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self- employed professional activity when concluding a legal transaction. 2) Conclusion of contract 2.1 The product descriptions of the Seller presented in www.solit.me do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer. 2.2 The customer can submit his offer via the online order form. In this case, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. 2.3 The Seller may accept the Customer's offer within five days, – by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or – by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or – by requesting payment from the customer after placing his order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent. 2.4 The text of the contract will be stored by the seller and sent to the customer in text form (e.g. e- mail, fax or letter) after the order has been sent, together with the present GTC and customer information. The seller himself does not make the text of the contract available beyond this. 2.5 Before placing a binding order, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's magnification function, which helps to enlarge the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process. 2.6 The English or Czech language is available for the conclusion of the contract. 2.7 The order processing and contact take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller can be delivered. 3) Right of withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller's Return policy. 4) Prices and payment terms 4.1 The prices quoted by the seller are total prices and include VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description. 4.2 The payment option(s) will be communicated to the customer in the seller's product description. 4.3 Payment processing is carried out by Stripe, San Francisco, California, USA, on behalf of the seller. 5) Delivery and shipping conditions 5.1 Goods will be delivered by way of shipment to the delivery address specified by the customer, unless otherwise agreed. 5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the outward shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the seller's Return policy shall apply to the return costs. 6) Retention of title If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects 7.1 For rights arising from defective performance regarding the goods sold in the Online Store, Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") applies. However, the Seller shall not be liable for defects that have been transferred to the Customer through no fault of the Seller after the risk of damage to the item has been transferred, as well as for damages caused by the Customer or a third party as a result of incorrect handling, use, storage. If the customer is a consumer, where a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity (Section 1 of these GTC). 7.2 Quality of goods at takeover The Seller shall be liable to the Consumer for ensuring that the Goods do not have any defects at the time of acceptance by the Consumer, i.e. that the Goods have the characteristics agreed by the Parties, otherwise such characteristics resulting from the description of the Goods or that the Consumer has a legitimate expectation that the Goods are suitable for the stated or ordinary purpose, and that the goods are available in appropriate quantity, dimensions or weight, and comply with the requirements of the legislation. By agreeing to these general terms and conditions, the consumer acknowledges that all information about the goods provided in the online shop, in particular descriptions, specifications and photographs of goods, is for guidance only. If the goods do not have the above-mentioned characteristics at the time of acceptance, the consumer may also demand that new defect-free goods be delivered to him, if this is not unreasonable in view of the nature of the defect, but if the defect concerns only components of the goods, the consumer can only demand the replacement of the component; if this is not possible, he may withdraw from the contract. However, if it is unreasonable in view of the nature of the defect, in particular if the defect can be remedied without undue delay, then the consumer is entitled to have the defect remedied free of charge. If there is a remediable defect after the repair or if the goods have a larger number of defects, the consumer can demand a discount on the purchase price, the replacement of goods or withdraw from the contract. In the event of withdrawal from the contract, the seller is obliged to repay the consumer the purchase price paid for the goods. The consumer is not entitled to the rights within the meaning of the provisions of § 2170 of the Civil Code if he knew before taking over the goods that the goods had a defect or if he caused this defect himself. 7.3 Assertion of rights arising from defective performance The consumer is entitled to assert the right to remedy the defect that occurs in the goods within twenty-four months from the date of receipt. If the period of time during which the goods can be used is specified on the goods, on the packaging, in the accompanying instructions for use or in advertising in accordance with other legal provisions, the provisions of the Civil Code on the quality guarantee shall apply. If the consumer has rightly complained about the defect to the seller, the period for asserting rights arising from defective performance does not run. The quality guarantee, as well as the rights arising from defective performance, do not refer within the meaning of the provisions of § 2167 BGB to the usual wear and tear of the goods or their parts, which resulted from the normal use of the goods. The warranty also does not cover defects caused by misuse and inappropriate use, mechanical damage to the goods, incorrect operation of the goods or unauthorized repair attempts. In the case of second-hand goods, the seller is not liable for the defects corresponding to the level of use or wear and tear that the goods had when they were taken over by the consumer. The Seller shall not be liable for defects caused by damage caused by the Consumer or by an external event after the risk has passed. The deadline for asserting the rights arising from defective performance runs from the time when the goods are handed over to the consumer or delivered. If the purchased goods are not to be put into service by the seller but by another person, the warranty period only runs from the time the goods are put into service, provided that the consumer has ordered the commissioning within three weeks of receipt of the goods at the latest and that he has provided the cooperation necessary for the provision of the service in a proper and timely manner. If the consumer so requests, the seller confirms to the consumer to what extent and for how long the seller's obligations in the event of defective performance last. The consumer is obliged to report the defect to the seller immediately after he has been able to detect it during a timely inspection and sufficient care. In the event of a defective service that constitutes a significant breach of contract in accordance with the provisions of Section 2106 of the Civil Code (regardless of whether the defects can be remedied), the consumer has the right to remedy the defect by delivery of new goods or by delivery of the missing goods, the right to remedy the defect by repairing the item, the right to an appropriate reduction of the purchase price, or the right to withdraw from the contract. It is a significant breach of contract if the party breaching the contract already knew or should have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had known about the breach. The consumer must inform the seller of the choice of law to remedy the defect when reporting the defect or without undue delay thereafter. If the consumer does not make the choice in time, he only has rights as in the case of an insignificant breach of contract. If the consumer does not choose his right in time, then he has the same rights as in the case of an insignificant breach of contract (see below). If the defective service is an insignificant breach of contract in accordance with the provisions of § 2107 BGB, the consumer is entitled to remedy the defect or to an appropriate reduction in the purchase price. The consumer is also entitled to a reasonable discount if the seller is unable to supply him with new defect-free goods, if the seller is unable to supply components of the goods or repair the goods, and also if the seller does not take remedial measures within a reasonable period of time or if the remedies would cause significant difficulties for the consumer. As long as the consumer exercises the right to a reduction in the purchase price or withdraws from the contract, the seller can remedy the defect by delivering defect-free goods. The consumer can only change the choice made without the consent of the seller if the remedy of a defect that subsequently appears to be irremediable has been requested. If the seller does not remedy the defects within a reasonable period of time or refuses to remedy them, then the consumer can demand an appropriate purchase price reduction or withdraw from the contract instead of remedying the defect. If the goods have a defect that the seller is obliged to remedy, and if the goods are reduced or used, the consumer has only the right to a reasonable discount. The consumer must report his claims resulting from the rights resulting from defective performance in writing directly to the seller's address. If the Seller does not have a branch in the territory of the Czech Republic (Section 19 of Act No. 634/1992 Coll., on Consumer Protection), the items for which return is requested or complained about must be sent to the address of the Seller's registered office specified in the Online Shop or to another address specified there for the return of goods. The goods are to be considered as complained about at the time when the seller has received the complained goods from the consumer. If the consumer asserts rights arising from defective performance, then the seller confirms to the consumer in writing when and how the consumer exercised the right, as well as the execution of the repair and the duration of the repair. The consumer is entitled to reimbursement of the reasonable costs incurred in the legitimate exercise of the right to remedy the defective service. Complaints must be processed by the Seller without undue delay, no later than 30 days from the date of receipt of the complaint. 8) Customisable law 8.1 If the Customer acts as a consumer within the meaning of Section 1.2, the law of the country in which the Customer has his habitual residence shall apply to all legal relationships of the parties, to the exclusion of the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence of the Customer. 8.2 If the Customer acts as an entrepreneur within the meaning of Section 1.2, the law of the country in which the Seller has its registered office shall apply to all legal relationships of the parties, to the exclusion of the UN Convention on the International Sale of Movable Goods and the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. 9) Alternative dispute resolution 9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. Before the consumer decides to initiate the out-of-court settlement of a dispute, the seller recommends that the consumer first contact the seller and try to find an amicable solution to the situation that has arisen.
- PRIVACY STATEMENT UNDER THE GENERAL DATA PROTECTION REGULATION 1. Information on the collection of personal data and contact details of the controller 1.1 In the following, we inform you about how your personal data is handled when you use our website. Personal data is any data that can be used to personally identify you. 1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is SIA Solution, Vizlas 9-1, Riga, LV-1057, Latvia, tel.: +37127046266, e-mail: [email protected]. The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data. 2) Making contact When you contact us (e.g. via a contact form or e-mail), personal data is collected, the scope of which can be identified from the contact form. This data is stored and used exclusively for the purpose of answering your enquiry or for making contact and the associated technical administration. The legal basis for data processing is our legitimate interest in responding to your request in accordance with Art. 6 Sect. 1 lit. f GDPR. If the purpose of contacting you is to conclude a contract, an additional legal ground for processing Art. 6 Sect. 1 lit. b GDPR. Your data will be deleted after completion of your request, i.e. if it can be inferred from the circumstances that the respective state of affairs has been explained and if there is no statutory retention obligation to prevent this. 3) Data processing for order processing 3.1 Insofar as this is necessary for the execution of the contract for the purposes of delivery and payment, the personal data collected by us will be processed in accordance with Art. 6 Sect. 1 lit. b GDPR shall be forwarded to the commissioned carrier and the commissioned credit institution. Insofar as we owe you updates of goods with or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing your order in order to provide you with the information required by law in accordance with Art. 6 Sect. 1 lit. c GDPR to inform them in person about ongoing updates by appropriate means of communication (e.g. by post or e-mail) within the framework stipulated by law. Your contact data is used strictly to the communication of updates owed by us and is only processed for this purpose to the extent necessary for the relevant information. In order to process your order, we also work with the following provider(s) who support us in whole or in part in the execution of the contracts concluded. Certain personal data will be transmitted to these providers after the following information has been communicated. 3.2 Payment processing takes place via cflox GmbH, Brunnenstraße 122, 22763 Hamburg, Germany, to which we transmit the information you provided during the ordering process together with information about your order in accordance with Art. 6 para. 1 lit. b GDPR. cflox GmbH does not process payments via PayPal, Sofortüberweisung and Klarna itself, but transmits your requested payment data to the selected payment service provider for the purpose of processing the payment in accordance with Art. 6 para. 1 lit. b GDPR: – PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. – SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany, as part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). – Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden 4) Rights of the data subject 4.1 The applicable data protection legislation grants you extensive rights as a data subject (information and intervention rights) vis-à-vis the controller in relation to the processing of your personal data, which we inform you about below: Right to information pursuant to Article 15 of the GDPR: In particular, you have the right to information about your personal data that we process, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, to object to processing, lodge a complaint with a supervisory authority, information about the origin of your data, if we have not obtained it from you, information about the existence of automated decision- making, including profiling, and, if applicable, indicative information about the logic used and the impact on you as well as the intended effects of such processing, as well as your right to information about the guarantees that exist under Article 46 GDPR when transferring your data to third countries; Right to rectification pursuant to Article 16 GDPR: You have the right to have incorrect data concerning you rectified without undue delay and/or to have your incomplete data held about you completed; Right to erasure in accordance with Art. 17 GDPR: If the requirements of Art. 17 Sect. 1 GDPR, you have the right to request the erasure of your personal data. However, this right does not exist, in particular where processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims; Right to restriction of processing pursuant to Article 18 of the GDPR: You have the right to demand that the processing of your personal data be restricted until the accuracy of your data is verified, if you oppose the erasure of your data in the context of inadmissible processing and instead request the restriction of the processing of your data, if you need your data for the establishment, exercise or defence of legal claims after we have already achieved the purpose of processing your data and no longer need it, or if, due to your particular situation, you have objected to the processing, pending it has been verified whether our legitimate grounds override yours; Notification obligation of the controller pursuant to Article 19 of the GDPR: If you have exercised your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data have been disclosed of such rectification or erasure of data or restriction of processing, unless this proves impossible or requires disproportionate effort. You have the right to be informed about these recipients. Right to data portability pursuant to Article 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format, or to request the transfer to another controller, if technically feasible; Right to revoke consents granted pursuant to Art. 7 para. 3 GDPR: If you have already given your consent to the processing of your data, you have the right to revoke such consent with effect for the future. In the event of revocation of consent, we will delete the relevant data immediately, unless further processing is based on a legal basis that allows processing to take place without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent that was given before its withdrawal; Right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. 4.2 RIGHT TO OBJECT IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A LEGITIMATE INTEREST WHICH, IN OUR ASSESSMENT, IS AN OVERRIDING INTEREST, YOU HAVE THE RIGHT TO OBJECT TO SUCH PROCESSING AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES TO ESTABLISH, EXERCISE OR DEFEND LEGAL CLAIMS. IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH MARKETING PURPOSES. YOU CAN OBJECT IN THE MANNER DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RELEVANT DATA FOR DIRECT MARKETING PURPOSES. 5) Period of storage of personal data Period of storage of personal data The retention period for personal data is determined with regard to the respective legal basis, the purpose of the processing and, where appropriate, also the respective statutory retention period (e.g. retention periods under commercial and tax law). When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. and GDPR, this data will be stored until the data subject withdraws their consent. Insofar as there are statutory retention periods for data that is processed within the scope of legal obligations or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, after the expiry of the retention periods, this data will be routinely deleted if it is no longer necessary for the performance of the contract or its establishment and/or there is no legitimate interest on our part to continue to store the data. When processing personal data on the basis of Art. 6 para. 1 lit. In accordance with Article 21(f) of the GDPR, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21 Sect. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend legal claims. When processing personal data for direct marketing purposes on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until the data subject exercises his or her right to object pursuant to Art. 21 Sect. 2 GDPR. If nothing else is apparent from the other information in this declaration on special processing situations, the personal data stored will also be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.