General Terms and Conditions
of the company Solarní Panely.CZ, s.r.o. valid for the website www.solarni-panely.cz valid from 25/05/2018
I. Introductory Provisions
The operator of the website www.solarni-panely.cz is Solarní Panely.CZ, s.r.o. with registered office Lidická 700/19, 602 00 Brno, ID 29191858. Postal address: Lidická 700/19, 602 00 Brno, e-mail email@example.com. Hereinafter referred to as "Seller".
II. Order and conclusion of purchase contract
1. The name and description of the goods, including the price, is listed on the internet catalog pages under individual links named according to the categories of the goods, including an illustrative overview of the individual products. Prices are listed both without VAT and including VAT, in Czech crowns. Some prices - especially for some solar panels - are listed as zero, which means that they are on request and you need to contact the seller for information on the price of the goods. Goods can only be ordered by sending an order to firstname.lastname@example.org. After confirmation of the order by the Seller, the Customer will be sent the current price for the goods with possible discounts, which can be obtained for larger orders, as well as the cost of transport, the delivery time of the goods (the transport is calculated for each order individually based on the weight and dimensions of the ordered goods). The purchase contract is considered concluded only after the customer confirms to the seller via e-mail the price of the goods, the delivery time, the price and the method of transport.
2. If the customer also orders other services (for example, assembly, transport, location), which must be priced by the seller with regard to specific requirements and the ordered goods, after receiving the order, the price calculation is sent by the seller to the customer's e-mail address. In such a case, the customer's order is considered the basis for processing the draft purchase contract by the seller, the calculation of the price of goods and services sent by the seller to the customer after receiving the order is considered a draft purchase contract, and the purchase contract is concluded after the calculation of the price of goods and services is confirmed by customer.
3. By sending the order, the customer gives the seller consent to the collection and processing of his personal data - details in Article VIII. these terms and conditions. The seller reserves the right to ask the customer to confirm the order sent by him in any other way (for example, by phone or in writing), if the customer does not confirm the order in this way, the seller will not respond to it further.
III. Delivery of goods to the customer
The goods will be delivered by the seller, carrier or post to the address specified by the customer in the order. The goods can also be picked up in person at the agreed delivery point after prior agreement. The goods will be delivered within the period specified in the information e-mail from the seller, if no other special period is specified for some products, or the seller will contact the customer after receiving the order and negotiate with him an alternative delivery period. Ownership of the goods and the risk of damage to the goods passes to the customer at the moment of acceptance of the goods. When taking over the goods, the customer is obliged to check the integrity of the packaging of the goods and the goods themselves and, in case of defects, to report them to the transporter.
IV. Goods price
1. The customer pays the seller for the ordered goods the price stated on the website www.solarni-panely.cz for the goods in question on the day the order is sent to the seller. For assembly, transport or placement, the customer shall pay the seller the price agreed upon by confirming the calculation (Article II., paragraph 2. of these terms and conditions) after delivery of the order to the seller. The customer can pay for the ordered goods only on the basis of an advance invoice sent by the seller to the e-mail address specified in the order.
2. From 1 October 2016, we accept payments for ordered goods only by bank transfer. Therefore, it is not possible to send the goods on cash on delivery or to pay for them in cash upon delivery. If the seller requests payment of the purchase price for the goods and the price for assembly, transport or placement in advance, the seller will ask the customer to pay the advance after concluding the purchase contract with an advance invoice indicating the amount of the price, the method of payment, the deadline for payment, or indicating the identification symbol of the payment . In the case of an advance payment request, the seller will continue with the implementation of the customer's order only when the financial amount specified in the advance invoice is credited to the seller's account.
The seller provides all customers - consumers with a warranty period of 24 months for the goods sold. For the purposes of these terms and conditions, customer - consumer means a natural or legal person who purchases products or uses services for a purpose other than doing business with these products or services; in the sense of the relevant provisions of Act no. 634/1992 Coll., on consumer protection, as amended. The warranty period begins on the day of acceptance of the goods by the customer - consumer. Any claims from defects may be made by the customer in accordance with the conditions set out in Article VI. these terms and conditions.
VI. Complaints Procedure
1. Before confirming the delivery note, the customer is obliged to check the integrity of the package of the shipment by an external inspection. If the packaging of the shipment is damaged, he will state this fact in the waybill. If the damage to the packaging appears to be serious and it is assumed that the goods will also be damaged, the customer will refuse to accept the shipment. Otherwise, the customer is not entitled to claim the goods from the seller.
2. The customer is obliged to report obvious defects to the goods to the seller immediately after unpacking the shipment. Obvious defects claimed later will not be taken into account by the seller.
3. In the event that the goods show defects during the warranty period, the customer is obliged to complain about these defects without undue delay, in writing. In the complaint, he will state the date of receipt of the shipment, the type of goods, the tax document number and a description of the defect. He will also provide a proposal on how to resolve the complaint.
4. The seller will respond to the notification of the complaint within 5 days, unless it is necessary to professionally assess the existence of the defect. It will send a statement to the customer, which will contain a statement about the validity of the complaint, possibly the method of removing the defect and the deadline by which the defect will be removed. The defect will be removed by the seller without undue delay, within 30 days at the latest. Defect removal within the scope of the complaint is free of charge.
5. The seller usually chooses the following procedure for acknowledged complaints, if the defect can be removed:
• repair of goods
• in case of a more serious defect, replacement of the defective part
• if the product cannot be used properly due to a repeated defect or a larger number of defects, the seller will replace the product with a defect-free one
6. For recognized claims, the seller will usually choose to exchange the goods for a faultless one, if the defect cannot be removed and the goods cannot be used properly due to the defect.
7. The claim does not apply to defects that were caused to the goods by incorrect or careless handling or assembly, caused by the use of the goods contrary to the instructions for use or other instructions of the manufacturer or seller, use contrary to the purpose for which the goods are intended, caused by mechanical damage, excessive wear or unprofessional intervention by the customer or a third party.
8. For product defects that occur after the warranty period or are not recognized as a complaint, the seller will propose to the customer a method of removing the defect as part of the service for a fee.
9. Due to the corona virus pandemic, the processing of complaints may be extended.
VII. Withdrawal from the contract
The customer, who is a consumer, has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen days of receiving the goods. Withdrawal from the purchase contract must be sent to the Seller within the period stated above (14 days) to the address of the Seller's company headquarters or to the Seller's contact email. Withdrawal from the contract according to the above is not possible, among other things, in the case of a contract for the supply of goods that has been modified according to the wishes of the customer or for his person (e.g. in the case of the purchase of an electrical project, the purchase of goods that were specially ordered for the customer, etc.). In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned to the Seller (other than cash on delivery, which the Seller will not accept) within 14 days of withdrawal from the purchase contract to the Seller's registered office, or to another address if both parties agree in writing. The goods must be returned to the Seller undamaged, unworn and unpolluted and, if possible, in the original packaging. Together with the returned goods, the customer shall attach a copy of the delivery note and invoice, if issued, or another document proving the purchase of the goods, as well as a written statement on withdrawal from the purchase contract and the chosen method of refund. The statement must also contain the Customer's current contact details. Within a period of ten days from the return of the goods by the Customer, the Seller is entitled to carry out an examination of the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially consumed.
The Seller will return to the Customer the funds (including delivery costs, if the Customer is a consumer) received from him under the purchase contract within 14 days of withdrawal from the contract. If the Customer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Customer before the Customer returns the goods to him.
VIII. Protection of personal data
The Policy for the Processing and Protection of Personal Data (hereinafter referred to as the "Policy") below provides information on what personal data (hereinafter referred to as the "PO") about natural persons (hereinafter referred to as the "FO") is processed during the sale of goods by our company and the provision of services , also for what purposes and for how long our company processes your personal data in accordance with the currently valid legal regulations, for what reason and to whom it can pass it on, as well as inform about what rights FO has in connection with the processing of personal data.
These Principles are effective from 25/05/2018 and are issued in accordance with Regulation of the European Parliament and of the EU Council No. 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter referred to as " GDPR").
A) Who is the controller of personal data, contact details for the GDPR department
The controller of personal data is the company Solarní Panely.CZ, s.r.o., Company ID: 29191858, Tax Identification Number: CZ29191858 with registered office at Lidická 700/19, Brno, 602 00, registered in the commercial register kept at the Regional Court in Brno, file number C 64486 (hereinafter "Administrator"). You can send any questions regarding the processing of personal data by post to the address of the Administrator's headquarters, to the email address email@example.com or to phone +420 533 533 700.
B) Scope of processing and categories of personal data that we process
All personal data are processed to the extent that the respective data subject has provided them to the Administrator, in connection with the conclusion of a contractual or other legal relationship with the Administrator, or that the Administrator has collected otherwise and processes them in accordance with applicable legal regulations or to fulfill legal obligations Administrator. The administrator processes the following categories of personal data:
a) name and surname, or academic title,
b) business company name,
c) address of permanent residence or address of seat or place of business,
d) ID number, VAT number,
e) contact e-mail address,
f) address of delivery of goods
g) contact phone number,
h) bank connection,
i) job position and/or function in the company,
j) records of behavior on websites managed by the Administrator obtained from cookies if cookies are enabled in the web browser.
C) What is the purpose of personal data processing
C.1) Processing for the fulfillment of legal obligations, fulfillment of the contract and for the legitimate interests of the Administrator Provision of personal data necessary for the fulfillment of the legal obligations of the Administrator, protection of the legitimate interests of the Administrator and for the fulfillment of the contract is mandatory. Without providing personal data for these purposes, it would not be possible to provide services. The Administrator does not need the consent of the subject of personal data to process personal data for these purposes.
The basic purposes for the processing of OI are in particular the following:
a) processes associated with the identification and possible contacting of the customer (performance of the contract),
b) provision of services and delivery of ordered goods (performance of the contract),
c) records of debtors (legitimate interest).
d) processes associated with the identification and possible contacting of the customer (performance of the contract),
e) collection of customer claims and other customer disputes (legitimate interest),
f) invoicing for services, issuance of tax documents (contract performance),
Personal data for these activities are processed to the extent necessary for the fulfillment of these activities and for the period necessary to achieve them or for the period directly determined by applicable legal regulations. Personal data are then deleted or anonymized. The basic deadlines for personal data processing are available below in Article 5 of the Principles.
C.2) Processing of personal data of customers with their consent for business and marketing purposes
With the consent of the data subject, the Administrator processes personal data for marketing and business purposes in order to possibly create a suitable offer of the Administrator's products and services and in connection with contacting the customer, exclusively in the form of electronic communication via a contact e-mail address. The provision of consent for commercial and marketing purposes is voluntary and may be revoked by the data subject at any time. This consent remains valid for a period of 10 years from its granting or for the period of use of the Administrator's services and for the following 10 years thereafter or until the data subject revokes this consent. For marketing and business purposes, all categories of data listed in Article B of these Principles may be processed based on consent. If the data subject withdraws his consent, this does not affect the processing of his personal data by the Administrator for other purposes and on the basis of other legal titles, in accordance with these Principles.
C.3 Processing of cookies from websites operated by the Administrator
If the subject of personal data has cookies enabled in his web browser, the Administrator processes behavioral records about him from cookies placed on websites operated by the Administrator, for the purpose of ensuring better operation of the Administrator's website and for the purposes of Internet advertising of the Administrator. In case of consent to the processing of personal data for marketing and business purposes, these data are processed together with other personal data for this purpose.D. Method of protection and processing of personal data
The processing of the OU is carried out by the Administrator. The processing is carried out in its establishments and headquarters by individual authorized employees of the Administrator, or processor. The processing takes place through computer technology, or also manually for personal data in paper form, subject to compliance with all security principles for the administration and processing of the Personal Data. For this purpose, the Administrator has taken technical and organizational measures to ensure the protection of the Personal Data, in particular measures to prevent unauthorized or accidental access to personal data, their alteration, destruction or loss, unauthorized transfers, their unauthorized processing, as well as other misuse of the Personal Data. All subjects to whom OÚ may be made available respect the data subjects' right to privacy protection and are obliged to proceed in accordance with applicable legal regulations regarding the protection of OÚ. During the processing of personal data by the Administrator, there is no automated decision-making within the meaning of Article 22 of the GDPR.
E. Category of beneficiaries of the OU
The manager uses the professional and specialized services of other entities in fulfilling his obligations and duties from the contracts. If these suppliers process the OU handed over from the Administrator, they have the status of OU processors and process the OU only within the framework of instructions from the Administrator and may not use them otherwise. These are mainly transporters of goods, payment gateway providers, experts, lawyers, auditors, IT system administrators, internet advertising providers or sales representatives. Each such entity is carefully selected by the Administrator and a contract for the processing of personal data is concluded with each one, in which the processor has strict obligations to protect and secure the personal data.
Rights of data subjects
In accordance with the GDPR, the entity OÚ has the rights listed below. In the case of rights vis-à-vis the Controller, the data subject is entitled to exercise them at the contact addresses listed in Article A of these Principles.
F. OÚ processing time
The processing of OÚ takes place for the time necessary for the purposes for which the data are processed, in accordance with the deadlines specified in the relevant contracts, in the file and shredding regulations of the Administrator or in the relevant legal regulations. The period for which the OÚ will be stored is determined as follows:
1) In the event of a negotiation between the Administrator and his potential customer regarding the conclusion of a contract, which was not concluded with the conclusion of the contract, the Administrator is authorized to process the provided PO for a period of 6 months from the end of the pre-contractual negotiation.
2) In case of purchase of goods from the Administrator, the latter is entitled to process basic personal, identification and contact data of the customer, data about the goods and data from communication between the customer and the Administrator for a period of 4 years from the date of expiry of the warranty period for the goods.
3) In accordance with § 35 of Act No. 235/2004 Coll., on value added tax, tax documents issued by the Administrator are archived for a period of 10 years from the end of the tax period in which the performance took place. Due to the need to document a legal reason for issuing invoices, customer contracts are also archived for a period of 10 years from the date of termination of the contract.
4) In the case of customers of services, the Administrator is entitled, if they have fulfilled all their obligations towards him, to process in the customer database their basic personal, identification, contact data, data about services and data from their communication with the Administrator for a period of 4 years from the date of termination of the last contract with the Administrator.
F.1 Right of access to personal data
Pursuant to Article 15 of the GDPR, the data subject has the right of access to the OÚ, which includes the right to obtain confirmation from the Controller as to whether personal data concerning him or her are being processed or not, and if this is the case, he or she has the right to obtain access to this personal data and to the information below about:
a) beneficiaries to whom the OU has been or will be made available,
b) the categories of OU concerned,
c) all available information about the source of the OÚ, if it is not obtained from the data subject,
d) planned processing time,
e) planned processing time,
f) processing purposes,
g) suitable guarantees when transferring data outside the EU.
h) the right to file a complaint with the supervisory authority,
i) the fact that automated decision-making takes place, including profiling,
j) on the existence of the right to request from the Administrator the correction or deletion of the OÚ concerning the subject of the data or the restriction of their processing or to raise an objection to this processing,
In the event that the rights and freedoms of other persons are not adversely affected, the data subject also has the right to request a copy of the processed OÚ. In the event of a repeated request, the Administrator is entitled to charge a reasonable fee for a copy of the OÚ.
F.2 The right to erasure of the OÚ
Pursuant to Article 17 of the GDPR, the data subject has the right to delete personal data relating to him or her, if the Administrator does not demonstrate legitimate reasons for processing such personal data.
F.3 Right to Correct Inaccurate Data
Pursuant to Article 16 of the GDPR, the data subject has the right to correct inaccurate or incomplete personal data processed by the Controller. The data subject has the obligation to notify changes to his personal data and to document that such a change has occurred. At the same time, he is obliged to provide the Administrator with cooperation if it is found that the OU that he processes about him are not accurate.
F.4 The right to portability of the OÚ
According to Article 20 of the GDPR, the data subject has the right to the portability of the data concerning him and which he provided to the Administrator in a structured, commonly used and machine-readable format, and the right to request the Administrator to transfer this data to another administrator, in the event that for processing The personal data protection occurred on the basis of the conclusion and fulfillment of the contract or on the basis of the consent of the data subject and their processing is carried out automatically. In the event that the exercise of this right could adversely affect the rights and freedoms of third parties, such a request cannot be granted.
F.5 Right to restriction of processing
According to Article 18 of the GDPR, the data subject has, until the resolution of the complaint, the right to limit the processing if he denies the accuracy of the personal data, the reasons for their processing or if he files an objection against their processing. If the processing has been restricted, with the exception of their storage, the OÚ in question may only be processed with the consent of the data subject, or for the purpose of determining, exercising or defending legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the EU or of one of its member states.
F.6 Administrator's notification obligation regarding correction or deletion of personal data or restriction of processing
In the case of correction, deletion or restriction of the processing of personal data, the Administrator is obliged under Article 19 of the GDPR to inform individual recipients of personal data about this fact, except in cases where this proves to be impossible or requires disproportionate effort. Based on the request of the data subject, the Administrator of the data subject will provide information about these recipients.
F.7 The right to object to the processing of the OÚ
According to Article 21 of the GDPR, the data subject has the right to object to the processing of his personal data due to the legitimate interest of the Administrator. In the event that the Administrator does not prove that there are serious legitimate reasons for the processing that outweigh the interests or rights and freedoms of the data subject, the Administrator will immediately terminate the processing based on the objection.
F.8 The right to be informed about a security breach of the OU
Pursuant to Article 34 of the GDPR, the data subject has the right to be informed by the Administrator without undue delay of a breach of the security of personal data received by the Controller, if it is likely that the breach of security of personal data will result in a high risk to the rights and freedoms of natural persons.
F.9 The right to withdraw consent to the processing of personal data
Consent to the processing of personal data for marketing and business purposes can be revoked at any time. It is necessary to make the appeal explicit, understandable and a certain manifestation of the will. The processing of data from cookies can be prevented by setting the web browser.
F.10 The right to apply to the Office for the Protection of OU
The data subject has the right to contact the Office for the Protection of Personal Data (www.uoou.cz) in the event that he discovers or believes that the Administrator or processor is processing his personal data in violation of the protection of the private and personal life of the data subject or in violation of relevant legal regulations.
IX Final Provisions
Relations between the company Solarní Panely.CZ, s.r.o. as a seller and customers of this internet catalog as buyers, are governed by these terms and conditions, and the customer, by completing and sending the order, confirms that he has become familiar with these terms and conditions and that he has accepted them in their wording on the day of sending his order. In aspects not regulated by these terms and conditions, the relationship between the seller and the customer is governed by their mutually agreed rules, the Civil Code, the Consumer Protection Act and, if the customer is not a consumer, also the Commercial Code and other applicable legal regulations. All conditions relating to the offered goods are valid for the period of their publication on the website www.solarni-panely.cz, access to these websites and downloading data from them is not charged by the seller. These terms and conditions are valid and effective from May 25, 2018 in their entirety.