General trade terms and conditions of Squared, s.r.o., company ID: 05095344, with registration address at Dlouhá 705/16, 110 00, Praha 1
1.1 These general trade terms and conditions (hereinafter referred as the „Terms and Conditions“) of Squared, s.r.o., company identification No. 05095344, with registration address at Dlouhá 705/16, 110 00, Praha 1, delivery address Squared, s.r.o., Dlouhá 16, 110 00, Praha 1, Czech republic, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, file 257898 (hereinafter referred to as the „Seller“) regulate mutual rights and obligations between the parties arising from the sales contract (hereinafter referred to as the „Contract“)concluded between the Buyer and a third party (hereinafter referred to as the „Buyer“)via the Seller's e-shop. The e-shop is run by the Seller on the Internet domains http://www.squared.one/, https://www.vyvolej.to/ and https://www.fujilab.cz/ (hereinafter referred to as the „Website“).
1.2 The Buyer, in terms of these conditions, is understood to be a consumer or an entrepreneur. If the Buyer is not a consumer, he or she is considered an entrepreneur. A consumer should be understood as any individual who concludes a sales contract or otherwise legally interacts with the Buyer beyond the framework of his/her commercial, trading, craft of professional activities. An entrepreneur is understood to be a party which on one's own account and responsibility conducts commercial activities on the basis of entrepreneurial licence or other legal grounds with the aim to generate profit. An entrepreneur is also understood to be any party which concludes the Contract in relation to his/her own commercial, manufacturing or other similar activity or in relation to his/her professional activities, as well as a person who acts on behalf of or on account of the entrepreneur. If the Buyer states his company ID number in the registration form, he/she should automatically take into consideration that special terms and conditions for entrepreneurs will be applicable to him/her.
1.3 Provisions differing from those indicated in the general Terms and Conditions can be agreed in the Contract. Provisions contained in the Contract take precedence over the present Terms and Conditions.
1.4 All provisions of the present Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are prepared in the Czech language. The Contract is concluded in the Czech language as well.
1.5 These Terms and Conditions can be changed or amended. This will not affect the rights and obligations which emerged in the period of validity of the preceding version of these Terms and Conditions.
2.1 On the basis of the Buyer's registration on the Website, the Buyer gains access to his/her account. Using this account the Buyer is able to order the products and services (hereinafter referred to as „User account“). The User account is run by the Seller. The Buyer can order products and services without any previous registration on the Website. In that case the Buyer's registration occurs during the ordering process.
2.2 When registering on the Website and ordering the products and services, the Buyer is obliged to provide the correct and truthful personal data. The Buyer is also obliged to update all the data in his/her account in case of any changes. The Seller automatically assumes that all the information indicated in the User account during the ordering process is correct.
2.3 The User account is secured by a user name and a password. The Buyer is obliged to keep the information indispensable for the access to his/her User account secure and confidential.
2.4 The Buyer is not authorized to enable a third party to use his/her account.
2.5 The Seller can cancel the User account, especially if the Buyer has not used his/her account for more than 6 months and also if the Buyer breaches the obligations stated in the Contract (including the Terms and Conditions).
2.6 The Buyer is aware of the fact that the User account does not have to be available continuously, especially with regard to the maintenance of the Seller's hardware and software equipment, or as the case may be, the maintenance of the hardware and software equipment of a third party.
3.1 The presentation of all the products and services on the Website is informatory and the Seller is not bound by an obligation to conclude the Contract. The regulations stated in §1732 art. 2 of the Civil Code are not applicable in this case.
3.2 The Website contains the information about products and services. The prices of the products and services include all taxes and fees. The prices of the products and services are valid throughout the time they are displayed on the Website. This provision does not eliminate the possibility of concluding a contract based on individually agreed conditions.
3.3 The Website also contains the information about the costs of packaging and delivering the products and services.
3.4 To make an order, the Buyer has to fill in the order form at the Website. The order form contains the information related to, in particular:
3.5 Before sending the Order to the Seller, the Buyer has a possibility to check and change the information he/she stated in the Order, which gives him/her a chance to find and correct any potential incorrect information in the Order. The Order is sent by the Buyer after he/she familiarizes himself/herself with the Terms and Conditions by means of clicking on the button„ order and pay“. The information stated in the Order is automatically considered to be correct by the Seller. Right after receiving the Order, the Seller will confirm the acceptance of the Order by sending an email to the Buyer to the email address stated in the User account or in the Order (hereinafter referred to as the „Buyer's email address“). The Order confirmation will contain the payment methods that are possible to use to pay for the products and services.
3.6 The Seller is always authorized depending on the character of the Order (the quantity of the products and services, the purchase price, the expected delivery fees) to ask the Buyer for additional confirmation of the Order (by mail or telephone).
3.7 The contractual relationship between the Seller and the Buyer emerges at the moment when the Order confirmation is received (acceptance); the purchase agreement originates at the time the Buyer submits the Order and this Order is accepted by the Seller. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address. The Seller will start processing the Order only after the whole price of the products and services is paid (i.e.it is transferred to the Seller's bank account). The money transfer to the Seller's account is one of the conditions of the contract effectiveness.
3.8 The Buyer complies with the usage of the distance communication tools upon the Contract conclusion. The fees that arise from the use of the distance communication tools indispensable for the Contract conclusion (the fees for the internet connection, phone bills, etc.) are covered by the Buyer only, provided all these fees do not differ from the general rates (in case of internet or phone connection the fee is based on the conditions of the operator, the Seller does not charge anything extra, this does not apply to contractual transportation).
3.9 In case that the Buyer orders in one day or/and in one order products and services the price of which is higher than 400 Euros including VAT, he/she will be automatically notified by the Website interface that upon the Order completion, the Seller will directly contact him/her to verify the availability of the demanded services and products.
3.10 In case that between the time of the Order of the products and services and the payment of the full price of the products and services to the Seller's account, the ordered products and services have become unavailable for delivery (e.g., the products will be out of stock) or the delivery will not be possible under the same conditions as at the time of the Order, the Seller is not obliged to provide the Buyer with the products and services. In this case, the Seller will inform the Buyer about this fact and the Seller will immediately refund the paid price for the products and services using the same payment method that was used by the Buyer, alternatively to the bank account indicated by the Buyer.
3.11 In case of any unauthorized interference of the Buyer or a third party in the source or the code of the Website, or in case of an attempt of unauthorized influence of or interference into the e-shop or the Website by the Buyer or a third party, the Seller is not obliged to fulfil any of his obligations.
3.12 The Seller is by no means responsible for the content of the pictures and photos that are uploaded to the repository, which is accessible to the Seller, by the Buyer or another person. The Buyer undertakes not to order photographs or posters with harmful content (i.e., photos or posters that show child pornography or inhumane behaviour, or erotic content; photos and posters that are protected by copyright etc.). The Seller declares that the process of making photos and posters is automatic and the Seller cannot always control the visual content of the developed pics and posters.
4.1 The price of the products and services and possible expenses related to the delivery can be settled by the Buyer using the chosen payment method that will be offered to the Buyer on the Website. The offered methods are:
4.2 Together with the purchase price, the Buyer is obliged to pay the Seller all the packaging fees and delivery fees related to the products and services in the agreed amount. If it is not stated otherwise, the purchase price will contain the delivery fees.
4.3 Billing information cannot be changed after the order is sent.
4.4 The Buyer will pay the whole price of products and services and all the delivery fees before the products and services are prepared for delivery.
4.5 The Buyer's obligation to pay for the products and services and the delivery fees is fulfilled once the Seller receives the money transfer from the Buyer.
4.6 Potential discounts provided by the Seller cannot be combined.
4.7 If it is common in the trade or if it is determined by the binding legislation, the Seller will issue an invoice with all the data about the payment subject to the Contract. The Seller is a VAT payer. The invoice is issued by the Seller after the Buyer pays for the products and services and the Seller will send it via email to the Buyer's email address.
5.1 The Buyer who is a consumer takes into consideration that based on the Section 1837 of the Civil Code, it is impossible to withdraw from the Contract related to the products that were amended according to the Buyer's wishes or to fit his/her individual demands; from the Contract related to the products that are susceptible to quick destruction and also the products that upon delivery were irretrievably mixed with other products, as well as from the Contract related to the products in closed package which the consumer unpacked and their return is not possible because of hygienic reasons, and from the Contract related to the audio or video recording or computer program the original package of which was broken.
5.2 If it is not the case stated in the previous paragraph or any other case where the withdrawal from the Contract is impossible, the Buyer has a right to withdraw from the Contract in the run of 14 days period, based on the Section 1829 (1) of the Civil Code. The period starts from the day when the Contract was concluded, in particular when it is:
5.3 The withdrawal from the Contract must be presented to the Seller in written form in the period stated in the previous paragraph. For the withdrawal from the Contract, the Buyer can use the sample form that is attached to the Terms and Conditions. The withdrawal from the Contract can be sent by the Buyer to the Seller's address or to the email address [email protected]
5.4 In case of the withdrawal from the Contract based on this paragraph of the Terms and Conditions, the Contract is cancelled from the beginning of its validity. The products have to be returned to the Seller in the 14 days period from moment of withdrawal from the Contract. If the Buyer withdraws from the Contract, he/she has to send the products to the Seller and pay the respective delivery fees, also in case that the products cannot be returned by post.
5.5 In case of withdrawal from the Contract based on this paragraph of the Terms and Conditions, the Seller returns the money received from the Buyer (if they do not agree on different approach, i.e., the issue of a discount coupon) in the run of 14 days from the moment of withdrawal from the Contract and it will be done by the same payment method that was used by the Buyer to purchase the product, at that, the Seller is not obliged to refund the purchase price before the Buyer returns the products. In case that other fees associated with the money transfer (i.e., the use of a bank account in a foreign bank beyond the borders of the Czech Republic) will have to be paid, the Buyer has to cover such additional expenses. The Seller is also authorized to return the amount of money paid by the Buyer right after the products were returned by a different method, in particular to the bank account of the Buyer. The products should be returned by the Buyer as a whole, including all the equipment, with the complete documentation, undamaged, clean, with the original package if possible, in the original condition and in value that the Buyer received the products.
5.6 The Seller is authorized to offset his entitlement to compensation for any damage to products against the entitlement of the Buyer to the return of the purchase price.
5.7 In case that the Buyer has the right to withdraw from the Contract in agreement with Section 1829 (1) of the Civil Code, the Seller is also authorized to withdraw from the Contract and that is until the Buyer receives the product. In that case the Seller immediately returns the purchase price to the Buyer (if they do not agree on a different approach, i.e. the issuance of a discount coupon) to the bank account determined by the Buyer.
5.8 If the Buyer received a gift together with the products, the deed of gift is concluded between the Seller and the Buyer and in the case of the withdrawal from the Contract by the Buyer, the deed of gift loses the effectiveness and the Buyer is obliged to return the gift together with the products.
6.1 If the Buyer who is not a consumer withdraws from the Contract in the 14 days period, he/she has to be aware of the fact that the purchase price that will be refunded might be lowered if the value of the product had been decreased.
6.2. The Buyer cannot withdraw from the Contact, or ask for a delivery of a new product, if he/she cannot return the product in the condition he/she received it.
7.1 In case that the delivery method is arranged based on a special Buyer's requirement; the Buyer carries the risk and potential delivery fees.
7.2 If the Seller is obliged to deliver the products or service to a place appointed by the Buyer, the Buyer is obliged to take over the product upon delivery.
7.3 In case that the delivery has to be repeated or carried out by a different method than stated in the Order because of the Buyer, the Buyer is obliged to pay for the expenses related to the repeated delivery, or else the expenses related to different delivery method.
7.4 When taking the product over from the carrier, the Buyer is obliged to check if the package is not broken and in a case of detecting any damage to the package, the Buyer has to inform of that circumstance the carrier or the Seller without undue delay. If the package is broken and it looks like someone had an unauthorized access to its contents, the Buyer does not have to accept the delivery from the carrier. If the Buyer accepts the damaged parcel from the carrier, it is necessary to describe the damage in the handover protocol.
7.5 Incomplete or damaged parcel has to be immediately reported to the Seller by email, the damage protocol has to be elaborated in cooperation with the carrier and this protocol has to be then sent by fax, email or post to the Seller.
7.6 Further rights and obligations of the parties related to the delivery of products can be adjusted by special terms of delivery, if the Seller chooses to issue such terms.
7.7 The Seller ensures or mediates the following shipping and delivery methods:
7.8 The offer of individual delivery methods by the Seller is based on the current availability of the services, with respect to the capacity and access possibilities of the carrier. In case of force majeure circumstances or information system failure, the Seller does not hold the responsibility for late delivery.
7.9 All shipping and delivery methods currently offered by the Seller, their current conditions and prices are to be found on the Website.
7.10 When handing over the product, the Seller or his contractual partner can ask the Buyer or the person who takes over the product to legitimize him or herself with an ID (identification document, passport) to avoid potential losses and to prevent legalization of profits originating from criminal offence. The Seller or his contractual partner can refuse to hand the products over to the Buyer if the Buyer fails to present one of the above mentioned documents.
7.11 The products and services purchased by the Buyer who is a legal entity will only be handed over to its statutory body (the Buyer has to prove the fact that it is the statutory body) or to a person authorized for such actions by a power of attorney with verified signature. The products purchased by the Buyer who is a self-employed entrepreneur will be handed over to him/her only if he/she legitimizes himself/herself with an ID (identification document, passport).
7.12 If the products are not picked up by the Buyer in person at the Seller's office and if the products are purchased by the Buyer who was at the time of the purchase registered as a VAT payer, and the invoice is issued with 0% VAT rate, then the delivery address has to be either the registration address or the office address of the company entered in public register (in particular, in the trade register or any other similar register) outside of the Czech Republic.
8.1 The rights and obligations arising from the liability for faulty products or services are governed by the relevant applicable legislation, especially Sections 1914-1925, 2099-2117 and 2161-2174 of the Civil Code and in case of the Buyer being a consumer also by the Act No. 634/1992 Coll.,on consumer protection.
8.2 The Seller undertakes to deliver the products to the Buyer without any flaws. The Seller, in particular, guarantees to the Buyer that at the time when the Buyer receives the products:
the product fulfils all legal regulations.
8.3 The provisions in the previous paragraph of the Terms and Conditions are not applier to products sold at a discount because of their defect, on products with marks of regular tear and wear, on used products the defects of which correspond to the extent of usage that the product had before the Buyer received it, or if it is given by the nature of the product.
8.4 If any flaw is detected in a period of six months from the moment of product delivery and acceptance, it is considered that the product was faulty at the moment of the acceptance. The Buyer who is a consumer is entitled to claim his or her rights arising from the faulty product in the period of 24 months from its acceptance.
8.5 The Buyer can claim his or her rights related to the faulty product at the address of the Seller's office, where the warranty claim is possible with regard to the range of products, alternatively in the registered office or in the operational headquarters of the Seller.
8.6 If the Buyer who is not a consumer claims his or her rights related the faulty products, the Seller confirms in the written form when such a claim was made as well as the execution of repair and its duration.
8.7 The Seller is obliged to issue a written confirmation to the Buyer who is a consumer, specifying the time when the claim was made, the subject of the warranty claim and the way of its settlement demanded by the consumer . This document should also contain the confirmed date and proposed way of the claim settlement, including confirmation of the repair measures and their duration, alternatively, a written justification of warranty claim refusal.
8.8 Further rights and obligations arising from the Seller's faulty product liability can be governed by the Seller's refunds and return policy.
8.9 The Seller alerts the Buyer about the fact that photos and posters delivered by the Seller are produced using a chemical process, that they are sensitive to light, which can cause a loss of richness of colours over time.
9.1The products come into Buyer's ownership after the whole purchase price is paid. The Seller is not bound in relation to the Buyer by any codes of behaviour within the meaning of Section 1826 (1e) of the Civil Code.
9.2 The Seller handles customer complaints via his/her email address. The notification about the settlement of the Buyer's complaint will be sent by the Seller to the Buyer's email address.
9.3 Out-of-court settlement of disputes over the purchase contract is carried out by the relevant Czech trade inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, internet address: http://www.coi.cz. The internet platform for online dispute settlement, which can be found at internet address http://ec.europa.eu/consumers/odr, can be used for dispute settlement between the Seller and the Buyer.
9.4 The contact place in the Czech Republic is the European consumer centre with registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz according to Regulation of the European Parliament and Council (EU) No 524/2013 from 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (ES) No 2006/2004 and Directive 2009/22/ES (Regulation on consumer ODR).
9.5 The Seller is authorized to sell products on the basis of the trade licence. The trade supervision is ensured by the relevant trade licence office. Supervision over personal data protection is carried out by the Office of personal data protection. Czech trade inspection supervises in the determined scope the compliance with Act No. 634/1992 Coll. on consumer protection, as amended.
9.6 The Buyer takes over the risk of changes of circumstances within the meaning of the Section 1765 (2) of Civil Code.
10.1 All personal information provided by the Buyer is stored in accordance with the applicable legal regulations of the Czech Republic, in particular Act No. 101/2000 Coll., on the Protection of Personal Information, as subsequently amended.
10.2 By entering into the contractual relationship, the Buyer agrees to the processing and collection of his personal data (name and surname, address, ID, email address, phone number, photo, video recording, etc - hereinafter referred to as the „Personal Data“) in the Seller’s database after successful realization of the Contract.
10.3 The Buyer agrees with his/her data processing, and that is for purpose of implementation of the rights and obligations arising from the Contract and for the purpose of the User account administration. If the Buyer does not choose otherwise, he/she also agrees with his/her data processing for the purpose of newsletter delivery. The agreement with data processing in the extent of this whole paragraph is not by itself a condition that would render the conclusion of the contract impossible.
10.4 The Buyer takes into consideration that he/she is obliged to provide correct and true personal data (during the registration, in his/her user account, during the order process on the Website) and that he/she is obliged to immediately inform the Seller about any changes in his/her personal data.
The Seller can assign a third party to process Buyer's personal data. Besides people in charge of delivery and contractual partners, the personal data will not be passed on to a third party without the Buyer's permission.
10.5 Personal data will be processed and stored for an indefinite period. Personal data will be processed electronically by automatic method or in printed form by means of non-automatic methods.
10.6 The Buyer confirms that the provided personal data is correct and that he/she was informed that the provision of personal data is voluntary.
10.7 In case that the Buyer believes that the Seller or the processor of the data treats the personal data in breach with the protection of the Buyer's privacy or of the law, especially when the personal data is processed inaccurately with respect to the processing purpose, the Buyer can:
10.8 If the Buyer requests information about his/her personal data processing, the Seller is obliged to provide such information to the Buyer. The Seller has a right to ask for adequate compensation for provision of such information.
11.1 The Buyer agrees that the Seller will send him/her information about the products, services or the Seller's company to his/her email address and he/she also agrees that other commercial messages will be sent to his/her email address.
11.2 The Buyer complies with the saving of so-called "cookies" on his/her computer. In case that the purchase of the products on the Website can be made without saving of the "cookies" on Buyer's computer, the Buyer can recall his or her compliance stated in the previous sentence.
h2 12. Delivery of information
12.1 The information can be delivered to the Buyers' email address.
13.1 If the contractual relationship contains international (foreign) component, then the parties agree on the fact that the relationship is regulated by Czech legal regulations and potential legal disputes will be settled by the relevant Czech courts. This does not affect consumer's rights emerging from applicable legislation.
13.2 If one of the provisions of the Terms and Conditions is not valid or effective, or if it is expected to become such, another provision that is the most similar to this one comes into force. Invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
13.3. The contract together with Terms and Conditions is archived by the Seller in electronic form and it is not accessible.
13.4 The appendix of the Terms and Conditions contains a template of a withdrawal from the Sales contract.
13.5 The Seller's contact details: delivery address Squared, s.r.o., Dlouhá 16, 110 00, Prague 1, Czech Republic, email address [email protected]
14.1 „Registration“ is understood to be a process of creating a User account on the Website.
14.2 „Contractual partner“ means a subject with whom the Seller or the service provider cooperates while delivering the products.
14.3 „Working day“ means one day from Monday till Friday, except for national holiday and bank holiday. In case of delivering products and services outside the Czech Republic working days and bank holidays in the country, that the products and services are delivered to, are also taken into consideration.
14.4 „Instagram“ means a service that is run on the domain www.instagram.com whose owner is INSTAGRAM LLC, MENLO PARK, CA 94025, USA. Through the Instagram, the costumer can log in to his/her account and choose the pictures and photos for the use in the seller's e-shop.
In Prague on 1st June 2016
This document is only a translation of the Czech terms and conditions which can be found on https://www.vyvolej.to/terms. In the case of dispute, the original text takes precedence.