Terms and conditions
General business conditions of the portal www.summervirtualgames.com developed, registered and operated by the business company Běžecké závody sro, Francouzská 299/98, Vršovice, 101 00 Prague 10, IČ 093 35 633, file number C 334687 (hereinafter referred to as the "company") for purchase goods and / or services on the internet portal www.summervirtualgames.com (hereinafter referred to as "GTC").
The guarantor of payment transactions, especially the receipt and complaints of payments is the company UP Media & Production, s.r.o., IČ: 063 59 230, Francouzská 299/98, Praha 10, 100 00
I.Introductory provisions - service (s) - description, changes in business conditions
- These GTC of the company regulate in particular the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the time-limited purchase of goods and / or use of the company's services (hereinafter "Agreement") concluded between the company and the buyer (s) (hereinafter "Customer") , which buys or intends to purchase from the company www.summervirtualgames.com the service and / or goods offered on the above - mentioned internet portal.
- These GTC are intended exclusively for the purchase of goods by the Customer (final consumer) for direct consumption (ie they are intended exclusively for consumer contracts).
- Provisions deviating from the GTC can be modified in the offer of goods and / or services of the company promoted on the internet portal www.summervirtualgames.com.cz Such possible deviating arrangements take precedence over these GTC. Priority is also given to specially negotiated terms and conditions between individually designated contracting parties.
- The provisions of these GTC are an integral part of the Contract.
- The company may unilaterally change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC. The Company informs the Customers about the change of the GBC on the internet portal www.summervirtualgames.com or in another suitable way so that the Customer can get acquainted with the current wording of the GBC without unreasonable difficulties.
- Conclusion of a contract between the company and the customer
- The company promotes the service (s) and / or goods on the internet portal www.summervirtualgames.com, including the value of the service (s) and / or goods offered. The prices of the offered goods and / or services / eb are stated including value added tax.
- The possibility of concluding a Contract for goods and / or services / eb of the company under favorable conditions and the stated price (in the case of loyalty and other promotions) remains valid for the period specified on the internet portal www.summervirtualgames.com and provided that the conditions specified in the specific offer on the internet portal www.summervirtualgames.com.
- Goods and / or services ordered by the customer on the internet portal www. www.summervirtualgames.com are for the purposes of concluding the Contract and exercising the rights and obligations under the Contract, as well as for the purposes of these GTC, hereinafter referred to as "Purchase".
- The customer is particularly aware of the following obligations to the company and therefore guarantees the following:
- is fully self-sufficient, especially with regard to his age, or is represented by a legal representative,
- all information provided to the Company is true, complete, accurate and correct,
- by paying the price for the Purchase, it does not circumvent or violate the rights of third parties and is entitled to use the financial resources used to pay for the Purchase,
- before starting to use the internet portal www.summervirtualgames.com he thoroughly acquainted himself with these GTC, that he understands them and agrees with them,
- To conclude the Contract, the Customer selects the required quantity of goods and / or offered services and the address to which the Purchase will be delivered to him, and possibly communicates information important for the delivery of the ordered goods (hereinafter referred to as the "Order").
- Before sending the Order, the Customer is allowed to check and change the data he has entered in the Order, even with regard to the Customer's ability to detect and correct errors made when entering data into the Order. The Customer sends the order to the company by clicking on the "Complete order" button (or a button with a similar meaning). The data stated in the Order are considered correct by sending it. Immediately after receiving the Order, the Company will confirm to the Customer that it has received the Order, to the e-mail address specified by the Customer in the Order.
- Depending on the nature of the Customer's Order, the Company is always entitled to request additional confirmation of the Order (for example in writing or by telephone).
- The purchase contract between the company and the Customer arises by handing over the goods from the Order to the Customer or his representative. In addition to the Customer or his representative, the goods can also be taken over on behalf of the Customer by a natural person over 18 years of age who stays in the apartment or other premises at the Customer's address and who credibly proves his identity to the person who hands over the goods to the Customer on behalf of the company.
- In order to conclude a purchase contract, the Customer will never require the issuance of a tax document in accordance with Act No. 235/2004 Coll., On Value Added Tax, as amended, when handing over the goods, because due to the fact that the Customer has the right at the moment of handing over the consignment of goods to withdraw from the Contract or cancel the Order or its parts (see below) and therefore do not remove certain goods (the Contract is concluded only upon receipt of the goods), the tax document would have to be corrected on the spot the goods are not technically and temporally possible to carry out. For this reason, the Customer will only be given a delivery note with a list of purchased goods and their price. The customer will receive the tax document electronically by email or it can be downloaded from the Customer's profile on the internet portal www.summervirtualgames.com.
- The Customer acknowledges that the company is not obliged to enter into the Agreement, in particular with persons who have previously materially breached the Agreement (including the GTC) and / or the conditions of use of the internet portal www.summervirtualgames.com.
- The Customer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Customer in the use of means of distance communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Customer himself.
III. Change and Cancel Orders
- The order is binding for the Customer from the moment of its completion, its change is possible only if the company calls the Customer by telephone, stating that the ordered goods are no longer in stock. Cancellation of orders is possible via the internet portal www.summervirtualgames.com no later than 3 days from the day preceding the day of delivery of the goods. On the day of delivery, the Customer may change (and only with the express consent of the company) only the time of delivery or the address of delivery. From the moment the goods are already shipped to the Customer, it is not possible to cancel the Order or change the address or time of delivery.
- The Customer is obliged to state the Order number, the Order date and the account number for the refund of the Purchase price in the change and cancellation of the Order.
- In case of cancellation of the Order according to the above, the already paid deposit of the Purchase will be transferred to the Customer's account specified in the cancellation of the Order (if the cancellation does not contain such information, then to the account from which payment was made to pay the purchase price) and if the company has already shipped the goods. the Customer is obliged to pay a cancellation fee in the amount of the purchase price of the goods from the Order, for the payment of which the company is entitled to set off the corresponding part of the purchase price.
- Withdrawal from the Contract and claims for goods
- Complaint goods. The Customer is obliged to immediately check the delivered goods from the Order and immediately report the detected deficiencies to the company for confirmation of delivery of the goods. If the goods show defects when handed over to the Customer, as a result of which it will not be possible to use them for its purpose (for obvious reasons, such as expiration of the goods or other obvious unfit for consumption or intended use), the goods will be returned immediately the person who handed it over to him on behalf of the company. The customer agrees that, given the nature of the goods, the fact that he did not complain about obvious defects in the goods when they were handed over (eg food or damage to the protective packaging) need not be taken into account.
- Withdrawal from the Contract. In accordance with the provisions of Section 1829 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code"), the Customer has the right to withdraw from the Contract within 14 days of receipt of the goods. In the event of withdrawal from the Contract, the Customer is obliged to immediately hand over the goods to the person who handed them over on behalf of the company and if this is not possible, he is obliged to notify the company of withdrawal from the Contract by phone or via the Internet www.summervirtualgames.com by telephone or e-mail to agree on the resolution of the relevant complaint (withdrawal from the contract). In the event of withdrawal from the contract, the Customer bears the costs associated with the return of goods, if these goods can not be returned due to their nature by regular mail.
- If the Customer withdraws from the contract, the company will return to him without undue delay, no later than fourteen days after withdrawal from the contract, all funds, including delivery costs, which he received from him under the contract, in the same way. The Company will return the money received to the consumer in another way only if the Customer has agreed and if he does not incur additional costs. If the Customer has chosen a method other than the cheapest method of delivery of goods offered by the company, the company will reimburse the Customer for the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods. The Company will reimburse the Customer for the costs associated with the return of goods, if it has not notified the Customer of the obligation to bear these costs in accordance with the provisions of § 1820 para. G). If the Customer withdraws from the purchase contract, the company is not obliged to return the received funds to the Customer before the Customer hands over the goods or proves that he sent the goods to the company. The Company will take over the goods from the Customer's home at its own expense if the Customer withdraws from the contract concluded outside the company's usual business premises, the goods were delivered to the Customer's household at the time of concluding the contract and the nature of the goods does not allow it to be sent by regular mail.
- The customer is responsible for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties.
- In accordance with the provisions of § 1837 letter g) of the Civil Code, withdrawal from the Contract is not possible for goods that cannot be reused for hygienic reasons or for already used goods (eg if the Customer damages the protective packaging of the goods or breaks the safety seal or if other contamination of the goods may occur). With regard to compliance with hygiene standards and these GTC, the Customer agrees that the company is entitled in case of any suspicion of their violation by the Customer to refuse to withdraw from the Contract and return the returned goods to the Customer at the Customer's expense and if not possible (eg for hygienic reasons or due to a breach of the protective packaging), the company is entitled to dispose of the goods immediately.
- Purchase Price and Payment Terms
- The Purchase Price and any other costs under the Agreement are paid by non-cash transfer from the Customer's account by order from his account, cashless through a security payment gateway, online payment card or in cash upon receipt of the goods.
- The purchase price is payable in the case of payment in a non-cash manner at the time of completion of the reservation on the portal www.summervirtualgames.com and in the case of payment in cash, the purchase price is payable upon delivery of goods from the Order.
- The customer has the option of ordering any number of goods via the internet portal www.summervirtualgames.com. This number of pieces is limited only by the Company's stock.
- The price of the goods does not include the price for the service of delivery of goods to the place specified in the Order. The amount of the current price for the delivery of goods to the place specified on the day the Order of Goods was made is listed on the website www.summervirtualgames.com.
- Any other change will always be notified to the Customer in advance when creating the Order and may depend on the required time of delivery of the goods.
- Liability and guarantees
- The Company is liable to the Customer for defects in services and / or goods to the extent stipulated by generally binding legal regulations. The Company thus responds to the Customer that the service / goods are free of defects upon receipt.
- In accordance with the provisions of § 2165 par. 1 of the Civil Code, the Customer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months from its receipt. This does not apply in the case of goods sold at a lower price for a defect for which a lower price was agreed, in the case of wear and tear of the goods caused by its normal use, in the case of used goods for a defect corresponding to the degree of use or wear By the customer, or if it follows from the nature of the goods (food).
- If the goods do not have the properties specified in the provisions of § 2161 of the Civil Code, the Customer may also request delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only part of the goods, the Customer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Customer has the right to free removal of the defect. The Customer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Customer also has the right to withdraw from the contract. If the Customer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its components or to repair the goods, he may request a reasonable discount. The Customer has the right to a reasonable discount even if the company cannot deliver new goods without defects, replace its part or repair the goods, as well as if the company does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the Customer. The right of defective performance does not belong to the Customer, if the Customer knew before taking over the goods that the goods have a defect, or if the Customer himself caused the defect. If the goods have a defect from which the company is obliged, and if the goods are sold at a lower price or a used item, the Customer is entitled to a reasonable discount instead of the right to exchange the goods. Defective situation rights apply to the company from which the goods were purchased. If the Customer exercises the right from defective performance, the company will confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration.
- The Company shall not be liable for any damage or any other consequences incurred by the Customer on the basis of or in connection with the Customer's actions or circumstances on the part of the Customer.
- The customer agrees that the company is not responsible for the smooth uninterrupted and error-free and safe operation of the internet portal www.summervirtualgames.com The company is not responsible for advertising or promotion carried out by any third party through the internet portal www.summervirtualgames.com or liability for errors caused persons to the internet portal www.summervirtualgames.com or as a result of its use contrary to its purpose.
- The availability of goods is tied to stocks and the company does not guarantee the availability of goods. In the event that it will not be possible to process the Order for any reason on the part of the company, the Customer will be informed via the company's customer line or via e-mail, which the Customer will state in the Order as a contact.
VII. Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the contracting parties
- The customer acknowledges that the software and other components that make up the internet portal www.summervirtualgames.com (including photographs of promoted services and / or goods) are protected by copyright. The customer undertakes to use the internet portal www.summervirtualgames.com exclusively for his own needs and that he will not perform any activity that could allow him or third parties to interfere or use (eg store, modify, distribute) software or other components. forming the internet portal www.summervirtualgames.com.
- Access to and use of the Internet portal www.summervirtualgames.com by the Customer in accordance with the GTC is free of charge.
- The customer is not entitled to use mechanisms, software or other procedures in the internet portal www.summervirtualgames.com that could have a negative effect on the operation of the internet portal www.summervirtualgames.com. The Internet portal www.summervirtualgames.com may be used only to the extent that is not to the detriment of the rights of other customers of the company and which is in accordance with its purpose.
- The customer uses the internet portal www.summervirtualgames.com at his own risk and agrees that the photos on the internet portal www.summervirtualgames.com are only illustrative.
- The Company is not liable for any damages incurred in connection with the use of services, use of information or downloading of data published on the Internet portal www.summervirtualgames.com, ie for errors, omissions, interruptions, malfunctions, delays, computer viruses, loss of profit or loss of Customer's data or other third parties using the internet portal www.summervirtualgames.com, unauthorized access to the transmissions and data of these persons, changes to such data, as well as other tangible and intangible losses.
- All information published on the Internet portal www.summervirtualgames.com is presented with the best knowledge and conscience of the company, which is not responsible for its completeness or technical accuracy. The company also disclaims all warranties that the material listed on the internet portal www.summervirtualgames.com is harmless.
- The Company reserves the right to restrict or terminate the access of the Customer or another third party to the Internet portal www.summervirtualgames.com at any time.
- In relation to the Customer, the Company is not bound by any codes of conduct in the sense of the provisions of § 1826 1, letter e) of Act No. 89/2012 Coll., the Civil Code.
VIII. Protection of personal data and consent to processing
- Personal data of the Customer, who is a natural person, is managed and processed by a company that ensures the protection of this data in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended. The Customer gives consent to the processing of his personal data directly to the company.
- The Company processes the personal data of Customers who fill in the registration form, or unregistered Customers who enter into the Agreement.
- The customer agrees to the processing of the following personal data: name, surname, e-mail and physical address of delivery of goods, telephone number, date of birth (hereinafter collectively referred to as "Personal Data").
- The Customer agrees to the processing of Personal Data of the companies, for the purposes of exercising the rights and obligations under the Agreement and for the purposes of sending information and business communications.
- The Customer acknowledges that he is obliged to state his Personal Data correctly and truthfully, and that he is obliged to inform the company without undue delay of any change in his Personal Data.
- Personal data will be processed indefinitely through a secure computer program.
- The Customer confirms that the provided Personal Data is accurate and that he has been informed that this is a voluntary provision of Personal Data. The Customer further declares that he has been informed that the consent to the processing of Personal Data may be revoked in relation to the Company by a written notice delivered to the contact address or registered office of the Company.
- In the event that the Customer believes that the company or processor is processing his Personal Data in violation of the protection of the Customer's private and personal life or in violation of the law, the company may request an explanation and request that it eliminate the defective condition. In this case, the customer can also contact the Office for Personal Data Protection directly.
- If the Customer requests information about the processing of his Personal Data, the company is obliged to provide this information. The Company has the right to demand a reasonable payment for the information provided in accordance with the previous sentence, not exceeding the costs necessary to provide this information.
- The Customer agrees to send information related to the company's services and entrepreneurs presenting their goods and / or services on the Internet portal www.summervirtualgames.com to the Customer's electronic address specified in the Order and further agrees to send the company's business messages to this address. The Customer's consent to the sending of commercial communications is voluntary. The customer is entitled to revoke this consent in writing at any time.
- Delivery and collection
- Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other party in writing, by e-mail, or in person or by registered mail through the postal service provider. It is delivered to the Customer to the e-mail address specified in the Order.
- In the case of delivery by e-mail, the message is considered delivered at the moment of receipt on the incoming mail server. A message delivered in person or through a postal service provider is considered received by the addressee taking over the consignment, or by the addressee refusing to accept the consignment. In the case of delivery via a postal service provider, the item is also deemed to have been delivered after a period of ten (10) days from the deposit of the item and giving the addressee an invitation to take over the stored item if the item is deposited with the postal service provider, even if the addressee did not learn of the deposit.
- Final provisions
- If the relationship related to the use of the internet portal www.summervirtualgames.com, or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the Customer (consumer) arising from generally binding legal regulations. In the event of a legal dispute between the Customer and the company, the court with territorial jurisdiction is the court according to the registered office of the company.
- In the event of a dispute between the Customer and the company, the Customer may also use the possibility of out-of-court settlement of the dispute. In such a case, the Customer may contact the entity for out-of-court settlement of the dispute, which is the Czech Trade Inspection Authority (coi.cz) and proceed according to the rules specified therein. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority.
- The company is entitled to this activity on the basis of a trade license and the activity is not subject to any other permit. The Trade Licensing Office is performed by the Trade Licensing Office within its competence.
- If any of the provisions of the GTC is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
XII. Customer support contact information:
Internet portal / e-shop: www.summervirtualgames.com