General Terms and Conditions
I. Basic provisions
- These General Terms and Conditions (hereinafter the „Terms and Conditions“) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter referred to as the „Civil Code“) by a individual person
Ing. Vojtech Myslivec,
established: Otakara Jeremiase 2000, 397 01 Pisek, Czech republic
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual person who concludes the purchase contract outside its business as a consumer or in the course of its business (hereinafter referred to as the „Buyer“) through the web interface located on the website available on the Internet at Diguto.com (hereinafter referred to as the „Internet Shop“).
- The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Divergent provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Agreement are concluded in the English language.
II. Information on services and prices
- Information about the services, including the prices of the individual services and their main features, is given for each service in the online store catalog. The prices of the services are including VAT, all related fees and withdrawal costs. They remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a sales contract under individually negotiated conditions.
- The online store publishes information on the costs associated with the delivery of the service, where relevant.
- Possible discounts with the purchase price of services cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Purchase Order and Conclusion
- The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) shall be borne by the Buyer. These costs do not differ from the standard rate.
- The buyer orders services in the following ways:
- through his customer account if he has previously registered in an online store,
- by filling in the order form without registration.
- When placing an order, the buyer selects the service and payment method.
- Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the button to send the order. The data listed in the order they are deemed correct by the seller. The validity of the order is subject to the completion of all required information in the order form and confirmation by the buyer that he / she has read these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation shall be deemed to be the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirmation of the order by the seller to the buyer's e-mail address.
- In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send a modified offer to the buyer's e-mail address.
- All orders received by the Seller are binding. The Buyer may cancel the order until the Seller receives the order acceptance notice. The Buyer may cancel the order by sending a message to the Seller's e-mail specified in these Terms and Conditions.
- In the event of a manifest technical error on the part of the Seller when listing prices for services in the online store or during ordering, the Seller shall not be obliged to deliver the service to the Buyer at this obviously erroneous price even if sent to the Buyer an automatic acknowledgment of receipt of the order under these Terms and Conditions.
IV. Customer Account
- Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering in the customer account and when ordering goods, the buyer is obliged to provide correct and truthfully all data. The data in the user account is the buyer is obliged to update any change. Data provided by the buyer in the customer account and ordering goods are the seller considered correct.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for possible misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of a customer account by third parties.
- The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the sales contract and these Terms and conditions.
- The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third party hardware and software.
V. Payment Terms and Delivery
- The price of the service can be paid by the buyer in the following ways:
- cashless payment card
- bank transfer to the seller's account through a payment gateway.
- In the case of cashless payment, the purchase price is due within 24 hours of the conclusion of the purchase contract.
- In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of a cashless payment, the buyer's obligation to pay the purchase price is met when the amount is credited to the seller's bank account.
- The purchased service is delivered to the buyer immediately after payment through a web browser.
- The Seller shall issue the Buyer a tax document - an invoice. The tax document is sent to the Buyer's e-mail address.
VI. Withdrawal from the Contract
- The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days from the date of purchase.
- The buyer may not withdraw from the purchase contract, inter alia:
- if the service has already started or has been completed,
- in other cases referred to in Section 1837 of the Czech Civil Code.
- To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's e-mail or delivery address specified in these Terms and Conditions. The Seller shall confirm to the Buyer the receipt of the form without delay.
- If the Buyer withdraws from the contract, the Seller shall return to him / her all funds received from him / her in the same way without delay, but no later than 30 days after the withdrawal. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
- The seller is entitled to withdraw from the purchase contract due to unavailability of goods (technical failure). The seller immediately informs the buyer via the e-mail address specified in the order and returns within 30 days of the notice of withdrawal from the purchase contract the cost of delivery which he has received from him under the contract in the same way or, as the case may be, by the purchaser.
- Above and beyond the law, it is also possible to withdraw from the contract due to dissatisfaction even after starting or completing the service. The condition is to fill in the questionnaire on the seller's website.
VII. Rights from defective performance
- The seller is liable to the buyer that the delivered service is free from defects. In particular, the seller is liable to the buyer that:
- the service has the features agreed by the parties and, in the absence of an agreement, it has the features described by the seller or the manufacturer or expected by the buyer with regard to the nature of the service and advertising,
- the service complies with legal requirements.
- In the event of a defect, the buyer may submit a claim to the seller and require:
- exchange for another service
- reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the service has a material defect,
- if he is unable to properly use the service for the repeated occurrence of a defect or defects after repair,
- if there are multiple service failures.
- The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what way the complaint is requested by the Buyer, as well as confirmation of the date and method of handling the complaint, duration or written justification for rejecting the claim.
- The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complicated cases within three working days. This period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment of claim is considered the moment when the buyer's manifestation (exercise of the right from defective performance) to the seller.
- The seller informs the buyer in writing about the result of the claim.
- The Buyer shall not have the right to defective performance if the Buyer himself caused the defect.
- The buyer has the choice of way of claim.
- The rights and obligations of the Contracting Parties in respect of rights arising from defective performance shall be governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Czech Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- The Contracting Parties may transmit all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver the correspondence to the Seller at the e-mail address specified in its Customer Account or Order.
IX. Out-of-court settlement of disputes
- The Czech Trade Inspection, with its registered office at Stepanska 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/ en. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
- European Consumer Center Czech Republic, with its registered office at Stepanska 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524 of the European Parliament and of the Council / 2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the Trade Licensing Office. The Czech Trade Inspection also supervises compliance with Act No. 634/1992 Coll. consumer.
X. Final provisions
- All agreements between the seller and the buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. .
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Czech Civil Code.
- All rights to the Seller's website, especially the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise site or part thereof without the seller's consent.
- The Seller shall not be liable for errors resulting from interference by third parties in the e-shop or as a result of its use contrary to its intended use. The Buyer may not use procedures which could negatively affect its operation and engage in any activity that may enable him or third parties to tamper with or misuse the software or other components constituting the online store and to use the online store or parts thereof or software in a manner contrary to its purpose or purpose.
- The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The text of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the term of the previous Terms and Conditions.
These Terms and Conditions come into effect on January 1, 2020