Commercial terms and conditions

Commercial Terms and Conditions and Personal Data Protection

Introductory Provisions

These General Commercial Terms and Conditions (hereafter referred to only as "Commercial T&C") have been issued in accordance with Article 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereafter referred to only as “Civil Code”).

(name and surname/company name): Play Global, s.r.o._[Ltd]

ID No 09762264

Tax ID No CZ09762264

with its registered seat at: Plzeňská 3350/18, Praha 5, 150 00, Czech Republic

incorporated in Commercial Register or other register, including File Ref. No.: Articles of Association/Deed of Foundation, number: N984/2020, NZ1636/2020, Czech Republic, Mgr._[LL.B.]ŠárkaHavlová, Notary Public in Prague

Contact:

E-mail: info@nici.cz

Telephone: +420 776 339 113

Web: www.nici.cz

(hereafter referred to only as "Seller")

These Commercial T&C define the mutual rights and obligations of the Seller and those of the natural person who enters into a purchase contract with the Seller outside of his/her business – as a consumer – or as part of his/her business (hereafter referred to only as “Buyer”), via the web interface positioned on the website accessible at URLwww.nici.cz(hereafter referred to only as “e-shop”).
The provisions of these Commercial T&C are an integral part of a purchase contract. In the event of any difference between the provisions of the purchase contract and these Commercial T&C, the provisions of the purchase contract shall prevail.
These Commercial T&C and the purchase contract are concluded in Czech and in English.

Information About Goods and Prices

Information about goods, including prices of each good and its main properties, is provided next to the good in the e-shop’s catalogue. The prices of goods include value added tax and all relevant fees and costs for returning the goods, if the goods due to their nature cannot be returned by the usual mailing route. The prices of goods remain valid for as long as they are displayed in the e-shop. This provision does not preclude concluding a purchase contract under individually agreed terms.
All illustrations of goods displayed in the e-shop’s catalogue are of an informative character only, and the Seller is not obliged to enter into a purchase contract in respect of these goods.
Provided in the e-shop is information concerning the costs of the goods packaging and delivery.
Discounts granted on the goods purchase prices cannot be mutually combined, unless agreed between the Seller and the Buyer otherwise.

III

Placing an Order and Concluding a Purchase Contract

The costs incurred by the Buyer by using remote means of communication when concluding a purchase contract (the costs of Internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the standard rates.
The Buyer can place an order for goods in one of the following ways:

through his/her customer account, provided he/she had previously registered him/herself as the e-shop’s customer;
by completing an order form without registration.

When placing an order, the Buyer chooses the goods, the number of the goods, and the method of payment and delivery.
Before placing the order, the Buyer can check and change the information provided in the order. The Buyer places the order to the Seller by clicking on the Complete Order button. The Seller regards the information provided in the order as being correct. The prerequisite for the order to be valid is that all mandatory information in the order form has been provided, plus the Buyer’s confirmation that he/she has acquainted him/herself with these Commercial T&C.
Immediately after receiving the order, the Seller sends the Buyer an order confirmation notification, to the e-mail address provided by the Buyer when placing the order. This confirmation does constitute concluding a purchase contract. Attached to the confirmation are the Seller’s latest Commercial T&C. The purchase contract is concluded by the Seller’s confirmation of the order acceptance, sent to the Buyer’s e-mail address.
Should the Seller be unable to meet any of the requests specified in the order, the Seller will send the Buyer to his/her e-mail address an amended proposal. The amended proposal constitutes a new draft purchase contract; the new purchase contract will be deemed concluded after the Buyer’s confirmation of acceptance of the Seller’s proposal, sent to the Seller’s e-mail address.
All orders accepted by the Seller are binding. The Buyer may cancel the order before he/she receives an order acceptance notification from the Seller. The Buyer may cancel the order by calling the Seller’s phone number or by sending a message to the Seller’s e-mail address specified in these Commercial T&C.
In the event of an obvious technical mistake made by the Seller when stating the e-shop’s goods prices or in the course of placing an order, the Seller will not be obliged to supply the goods to the Buyer for these quite obviously incorrect prices. The Seller will inform the Buyer about the mistake forthwith, and send the Buyer to his/her e-mail address an amended proposal. The amended proposal constitutes a new draft purchase contract; the new purchase contract will be deemed concluded after the Buyer’s confirmation of acceptance of the Seller’s proposal, sent to the Seller’s e-mail address.

Customer Account

If the Buyer has registered him/herself as the e-shop’s customer, the Buyer can access his/her customer account. The Buyer can order goods using his/her customer account. The Buyer can also order goods without registration.
When registering a customer account and when placing an order for goods, the Buyer must provide all information correctly. Following any changes in the information provided in the customer account, the Buyer must update the information. The Seller regards the information provided in the customer account and when ordering goods as correct.
Access to the customer account is secured by username and password. The Buyer may not disclose the information necessary for accessing his/her customer account. The Seller shall not be held liable for any misuse of the customer account by third parties.
The Buyer may not allow any third party to use his/her customer account.
The Seller will have the right to close the customer account, especially if the Buyer has failed to use his/her customer account for a protracted period of time, or if the Buyer has breached his/her obligations from a purchase contract or from these Commercial T&C.
The Buyer acknowledges that the customer account may not be accessible at all times, especially due to necessary maintenance of the Seller’s hardware and software, or due to necessary maintenance of hardware and software of third parties.

Payment Terms and Goods Delivery

The Buyer can pay the price of the goods plus any costs of delivering the goods ordered in a purchase contract in any of the following methods:

by wire transfer to the Seller’s bank account with Play Global s.r.o., number 123-2997410237/0100;
by transfer with a credit or debit card;
by transfer to the Seller’s bank account through the GoPay payment gateway;
by cash-on-delivery (COD);
in cash or by credit or debit card when personally collecting the goods from the place specified by the Seller in the purchase order.

The Buyer must, together with the purchase price, pay the Seller also the costs of goods packaging and delivery as specified. Unless explicitly stated otherwise, as purchase price are also meant the costs of goods packaging and delivery.
When paying cash, the purchase price must be paid upon handover of the goods. When paying by wire transfer, the purchase price must be paid within 7 days after the conclusion of the purchase contract.
When paying via the payment gateway, the Buyer must proceed according to the instructions of the electronic payment provider.
When paying by wire transfer, the Buyer’s undertaking to pay the purchase price will be deemed met when the relevant amount has been credited to the Seller’s bank account.
The Seller does not require from the Buyer any deposit or other similar payment. Payment of the purchase price before the goods delivery is not deemed a deposit.
Pursuant to the Revenues Registration Act, the Seller must issue a bill to the Buyer, and at the same time register online the proceeds from the sale with the Revenue Authority. In the event of a technical failure, within 48 hours at the latest.
The goods are delivered to the Buyer:

to the address provided by the Buyer in the order;
to the consignment collection counter at the address selected by the Buyer;

The choice of the delivery method is made during the process of ordering the goods.
The costs of the goods delivery, depending on the method of sending and receiving the goods, are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport has been arranged based on the Buyer’s special request, the risk and any extra costs associated with this transport method shall be borne by the Buyer.
If according to the purchase contract the Seller is to deliver the goods to the place specified by the Buyer in the order, the Buyer must accept the goods upon their delivery. If due to reasons on the Buyer’s side the goods have to be delivered repeatedly or by a method other than the one specified in the order, the Buyer shall pay the costs of the repeated delivery of the goods or the costs of the alternative method of delivery.
When receiving the goods from the courier service, the Buyer must check whether the goods packaging is not damaged and, if finding any defects, report them forthwith to the courier. If the damaged packaging indicates unauthorised entry into the consignment, the Buyer will have the right to refuse accept the consignment from the courier.
The Seller issues to the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s e-mail address.
The Buyer acquires ownership right to the goods by paying the full purchase price of the goods, including the costs of delivery, however, at the earliest upon having received the goods.
The liability for accidental destruction, damage or loss of the goods transfers to the Buyer at the time he/she accepts the goods, or at the time when the Buyer was obliged to accept the goods, but in violation of the purchase contract failed to do so.

Withdrawing from Contract

The Buyer who has entered into a purchase contract outside of his/her business – as a consumer – has the right to withdraw from the purchase contract.
The deadline for withdrawing from the purchase contract is 14 days

after the day the Buyer has received the goods;
after the day the Buyer has received the last delivery of the ordered goods, if the purchase contract is for the delivery of several types of goods, or for the delivery of several parts;
after the day the Buyer has received the first delivery of the goods, if the purchase contract is for a regular repeated delivery of goods.

The Buyer may not, inter alia, withdraw from the purchase contract

for the provision of services, if these were provided with the Buyer’s explicit consent before the deadline for withdrawing from the purchase contract, and the Seller had notified the Buyer before the deadline for withdrawing from the purchase contract that in this case he/she does not have the right to withdraw from the purchase contract;
for the delivery of goods or services the price of which depends on the fluctuations in the financial market independent of the Seller’s will, and which might occur during the time before the deadline for withdrawing from the purchase contract;
for the delivery of goods which have been customised according to the Buyer’s requirements or for his/her person;
for the delivery of perishable goods and goods which have been after the delivery irreversibly mixed with other goods;
for the delivery of goods in a closed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons;
in respect of other cases specified in Article 1837 of the Civil Code.

In order to abide by the deadline for withdrawing from the purchase contract, the Buyer must send the Seller a notice of withdrawal before the deadline for withdrawing from the purchase contract.
The Buyer may use for withdrawing from the purchase contract the specimen form for withdrawing from purchase contract provided for this purpose by the Seller. The Buyer must send the completed form for withdrawal from the purchase contract either to the Seller’s e-mail address or to the Seller’s delivery address specified in these Commercial T&C. The Seller will confirm that they have received the withdrawal form forthwith.
The Buyer who has withdrawn from a purchase contract must return the goods to the Seller within 14 days after he/she withdrew from the purchase contract. The Buyer shall borne the costs of returning the goods to the Seller, even if the goods cannot be, due to their nature, returned by the usual postal route.
If the Buyer withdraws from a purchase contract, the Seller will return to the Buyer forthwith, however not later than within 14 days from withdrawal, all monies including the costs of delivery the Seller received from Buyer, using the same payment method. The Seller may refund the monies to the Buyer using a different payment method only if the Buyer has agreed, and provided the Buyer will not incur additional costs.
If the Buyer has selected other than the cheapest way of the goods delivery which the Seller is offering, the Seller shall refund the Buyer the costs of the cheapest way offered for the goods delivery.
When the Buyer has withdrawn from a purchase contract, the Seller will not be obliged to refund the money received from the Buyer before the Buyer has returned the goods or demonstrated that he/she has sent the goods back to the Seller.
The Buyer must return the goods to the Seller undamaged, unused and unsoiled, in the original packaging. The Seller will have the right to unilaterally deduct a compensation for the goods damage from the purchase price of the goods received from the Buyer to be refunded to the Buyer.
The Seller will have the right to withdraw from the purchase contract if the goods have been sold out, become unavailable, or if the manufacturer, importer or dealer has terminated manufacturing or importing the goods. The Seller will inform the Buyer forthwith to the e-mail address specified in the order, and refund all monies received from the Buyer for the purchase contract, including the costs of delivery, within 14 days after having notified the Buyer about the withdrawal, using the same payment method or the payment method specified by the Buyer.

VII

Rights from Defective Delivery

The Seller is responsible to the Buyer that the goods when delivered are free of defects. The Seller is especially responsible to the Buyer that at the time he/she received the goods

the goods have the properties which the Parties have agreed on or, if no such agreement exists, such properties which the Seller or the manufacturer has described, or which the Buyer expected in view of the goods’ nature and based on the Seller’s advertising;
the goods are suitable for the purpose which the Seller claims they are suitable for, or for the purpose the goods of this kind are normally used;
the goods by their quality or execution meet those of an agreed sample or model, if quality or execution has been specified by reference to this sample or model;
the goods are in the appropriate quantity, size or weight; and
the goods meet the requirements of legislative regulations.

The Seller is liable for defective delivery at least to the same degree as the manufacturer is liable for producing the defective goods. The Buyer may claim the rights from defective delivery of consumer goods within twenty-four months after receiving the goods.
If the goods sold, their packaging, enclosed user instructions or advertising specify pursuant to other legislative regulations the time for which the goods can be used, the provisions concerning the warranty of quality shall be applied. By the provided warranty of quality the Seller guarantees that the goods will be for the specified length of time fit to be used for the usual purpose, or that they will maintain their usual properties. If the Buyer’s claim that the goods are defective is legitimate, the clock measuring the time during which the Buyer can claim the rights from defective delivery and from the warranty will be, during the time the Buyer is unable to use the defective goods, stopped.
The provisions of the previous paragraph of these Commercial T&C shall not be applied in respect of goods sold at discounted prices due to the defect for which the discount has been granted, in respect of wear and tear caused by the usual use of the goods, and in respect of used goods for defects which are in proportion to the degree of usage or wear and tear which the goods showed when received by the Buyer, or which is inherent for the goods of that nature. The Buyer may not claim the rights from defective delivery if he/she had known before receiving the goods that they had that defect, or if the defect has been caused by the Buyer him/herself.
If the goods are defective, the Buyer can file a claim to the Seller and request

that the goods are replaced with new goods;
that the goods are repaired;
that he/she gets a reasonable discount on the goods purchase price;
withdrawal from the purchase contract.

The Buyer will have the right to withdraw from the purchase contract

if the goods have a major defect;
if he/she is unable to use the goods properly due to recurrence of the same defect after a repair;
when the goods have multiple defects.

As a gross breach of the purchase contract shall be regarded the case when the Party which has breached the purchase contract had or must have known already when concluding the purchase contract that the other Party would have not concluded the purchase contract if it had foreseen this breach.
In respect of a defect which constitutes a minor breach of the purchase contract (irrespective of whether the defect is repairable or not), the Buyer will have the right to either have the defect repaired or be granted a discount on the purchase price.
If a repairable defect has recurred after a repair repeatedly (usually a third claim concerning the same defect or a fourth claim for different defects), the Buyer will have the right to demand a discount on the purchase price or to have the goods replaced, or to withdraw from the purchase contract.
When filing a claim, the Buyer must tell the Seller which of the options he/she has chosen. The Buyer may change the choice without the Seller’s consent only if he/she has requested a repair of a defect which has turned out to be irreparable. Unless the Buyer exercises his/her right from a major breach of the purchase contract on time, he/she shall have the same rights as in case of a minor breach of the purchase contract.
If repairing or replacing the goods is not possible, the Buyer will have the right to withdraw from the purchase contract and demand a full refund of the purchase price.
Provided the Seller can prove that the Buyer had known of the goods defect before receiving them, or that Buyer has caused the defect him/herself, the Seller will have the right to reject the Buyer’s claim.
The Buyer may not file a claim for discounted goods for the reason for which the goods have been discounted.
The Seller must receive claims in any of their outlets in which receiving claims is possible, or at their headquarters or a point of business. The Seller must issue a written confirmation to the Buyer that they have received the claim, state what the content of the claim is and which of the options to deal with the claim the Buyer has requested. The Seller must issue also a confirmation of the date and the method the claim has been dealt with, including a confirmation that repairs have been made and how long it took to repair the goods, or, where applicable, the ground on which the claim has been rejected, in writing.
The Seller or by them nominated employee must decide on the claim’s legitimacy straightaway or, in complicated cases, within three working days. Toward this time shall not count the time, proportionate to the type of the product or service, necessary to technically review the defect. The claim, including the defect remedy, must be dealt with forthwith, however not later than within 30 days after the claim has been filed, unless the Seller and the Buyer have agreed on a longer deadline. An expiry of this deadline in vain shall be deemed a gross breach of the purchase contract, and the Buyer will have the right to withdraw from the purchase contract. As the time when the claim was filed shall be regarded the time when the Seller received the expression of the Buyer’s will (to exercise his/her right from defective delivery).
The Seller shall inform the Buyer about the claim’s outcome in writing.
The Buyer will forfeit the right from defective delivery if he/she had known before accepting the goods that they had a defect, or if the Buyer has caused the defect him/herself.
If the claim is legitimate, the Buyer will have the right to be reimbursed for purposefully expended costs of filing the claim. The Buyer may exercise this right towards the Seller within one month after the expiry of the warranty period, otherwise courts might not recognise this right.
Selecting the method of filing a claim is in the Buyer's discretion
The Parties’ rights and obligations concerning the rights from defective delivery shall be governed by the provisions of Article 1914 to 1925, Article 2099 to 2117 and Article 2161 to 2174 of the Civil Code and by Act No. 634/1992, the Consumer Protection Act.

VIII

Correspondence

The Parties can send correspondence to each other by electronic mail.
The Buyer shall send correspondence to the Seller to the e-mail address provided in these Commercial T&C. The Seller shall send correspondence to the Buyer to the e-mail address provided in his/her customer account or in the order.

Personal Data

All information provided by the Buyer in the course of his/her interaction with the Seller is confidential and shall be treated as such. Unless the Buyer gives the Seller a permission, the Buyer’s data may not be used by the Seller in any other way but for the purposes of fulfilling the purchase contract, except for the e-mail address to which sent can be commercial messages, as this is allowed by legislation, unless it has been explicitly rejected. These messages may concern only similar or related goods, and permission can be easily revoked (by sending a letter or e-mail, or by clicking on the appropriate reference in the commercial message). The e-mail address will be for this purpose kept for the period of 3 years after conclusion of the last purchase contract between the Parties.
More detailed information concerning the protection of personal data can be found HERE .

Resolving Disputes Out of Court

The authority competent for out-of-court resolving of disputes from Purchase Contracts is the Českáobchodníinspekce_{[Czech Trade Inspection]}, with its address at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, ID No 000 20 869, web: https://adr.coi.cz/cs. To resolve disputes between the Buyer and the Seller from a purchase contract online, used can be the platform available at webhttp://ec.europa.eu/consumers/odr.
The European Consumer Centre Czech Republic, with its address at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, web: http://www.evropskyspotrebitel.cz, is the point of contact according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
The Seller has the right to sell goods based on a trading licence. Trades are inspected by the relevant Trade Licensing Office as part of its activities. The Českáobchodníinspekce_{[Czech Trade Inspection]} provides, among other things, to a specified degree, supervision and checking the compliance with Act No. 634/1992, the Consumer Protection Act.

Concluding Provisions

All agreements between the Seller and the Buyer shall be governed by the legislation of the Czech Republic. The Parties have agreed that if the relationship established by a purchase contract contains an international component, the relationship will be also governed by the legislation of the Czech Republic. This shall not prejudice the consumer’s rights granted by generally binding legislative regulations.
The Seller is not bound towards the Buyer by any code of conduct defined by the provisions of Article 1826 paragraph 1 letter (e) of the Civil Code.
All rights to the Seller’s website, in particular copyright to its contents, including the layout and arrangement of the website pages, photos, films, graphics, registered trademarks, logos and other content and components are the Seller’s property. Copying, modifying or otherwise using the website or any part thereof without the Seller’s permission is prohibited.
The Seller disclaims any liability for errors caused by interference with the e-shop’s website by third parties, or by its use in contrary to its designation. The Buyer may not use the e-shop by deploying procedures which might have a negative impact on its operation, and may not perform any activities which might allow him/her or any third party an unauthorised interference or unauthorised use of the software or other components which form the e-shop, in a manner which would be contrary to its designation or objective.
The Buyer hereby accepts the risks of changes in circumstances as defined by Article 1765 paragraph 2 of the Civil Code.
Purchase contracts including these Commercial T&C are archived by the Seller in an electronic form and cannot be accessed.
The Seller may amend the text of these Commercial T&C or add a new text to them. This provision shall not prejudice the rights and obligations set forth by the previous version of the Commercial T&C while it was in force.
Attached to these Commercial T&C is a specimen form for withdrawing from a purchase contract.

Prague, 8.6.2021

Ing._[M.Sc.]KristýnaWissner

Statutory Director

Play Global, s.r.o.

Address:

Play Global, s.r.o.

Plzeňská 3350/18

150 00 Praha 5

E-mail: info@nici.cz

Phone: +420 776 339 113

These Commercial Terms and Conditions become effective on 8.6. 2021.

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