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1. INTRODUCTORY PROVISIONS

 

1.1 These terms and conditions ("T&C") apply to the purchase of digital business cards in .pkpass format in the environment of the online store ("E-shop"), which is operated by YOUR PASS, s.r.o., with its registered office in Prague 4 - Chodov, Türkova 2319 / 5b, postal code 14900, registration number: 24809888, file number C 176332 kept at the Municipal Court in Prague ("YPS"), at the domain address https://app.digitalbusinesscardcreator.com or other subdomains.

 

1.2 Up-to-date YPS contact details are listed on the E-shop website.

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1.3 These T&C further define the rights and obligations of YPS and Customers (as defined below) that arise from or relate to the sale of digital business cards (as defined below).

 

2. DEFINITIONS

 

2.1 In addition to the terms defined elsewhere in these T&C, the terms below have the following meanings:

2.1.1 "Product" means a service that can be purchased via the E-shop.

 

2.1.2 "Regulation" means Regulation of the European Parliament and of the Council (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such persons and repealing Directive 95/46 / EC (General Data Protection Regulation);

 

2.1.3 "Civil Code" means Act No. 89/2012 Coll., The Civil Code, as amended;

 

2.1.4 "Entrepreneur" means, in accordance with the provisions of Section 420 of the Civil Code, a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically for profit; For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity or to the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur, is also considered an Entrepreneur.

 

2.1.5 "Operator" means YOUR PASS, s.r.o., with its registered office in Prague 4 - Chodov, Türkova 2319 / 5b, postal code 14900, registration number: 24809888, file number C 176332 kept at the Municipal Court in Prague, as the person who ensures the functionality of the Product, determines its conditions and with whom the Customer concludes the Agreement in the E-shop;

 

2.1.6 "Agreement" has the meaning set forth in Article 3.2.1 of these T&C;

 

2.1.7 "Consumer" means, in accordance with the provisions of § 419 of the Civil Code, a natural person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with the Entrepreneur or otherwise deals with him;

 

2.1.8 "Customer" means a person using the E-shop to enter into an Agreement with the Operator for the purpose of purchasing the Product;

 

2.1.9 "Act on Certain Information Society Services" means Act No. 480/2004 Coll., On Certain Information Society Services, as amended; and

 

2.1.10 "Consumer Protection Act" means Act No. 634/1992 Coll., The Consumer Protection Act, as amended.

       

3. STATUS OF YPS

 

3.1 YPS:

 

3.1.1 publishes Product information and instructions;

 

3.1.2 ensures Product production and delivery;

 

3.1.3 receives the cost from the Customer; and

 

3.1.4 handles other matters when purchasing the Product.

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4. CONTRACT

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4.1 The Customer shall conclude the Contract by accepting the Operator's proposal for concluding the Contract in the E-shop by:

4.1.1 adding the required Product to their cart;

 

4.1.2 entering the required data (or logs into his user account, where this data is registered with the Customer's consent) and selecting a payment method;

 

4.1.3 getting acquainted with these T&C, of which the Complaints Procedure also forms an integral part, and giving consent; and

 

4.1.4 confirming the order.

 

4.2 Before confirming the order, the Customer is allowed to check and change the data he has entered in the order, even with regard to the Customer's ability to detect and correct errors made when entering data into the order. Neither the Operator nor YPS is obliged to check the data stated in the order, they will consider these to be correct and complete.

 

4.3 The conclusion of the Agreement will be immediately confirmed to the Customer by a confirmation e-mail to the e-mail address entered by the Customer.

 

4.4 The Contract (including the agreed price) may be amended or cancelled only on the basis of the agreement of its parties or on the basis of legal reasons, unless otherwise stated in the T&C.

 

4.5 If the Customer states his identification number (registration number) or VAT number in the order, then he acknowledges that he will be considered an Entrepreneur for the purposes of the Contract and the definition of rights and obligations.

 

4.6 These T&C are prepared in English only. The contract can also be concluded only in English. Customer - Consumer who has a permanent residence or is a citizen of a Member State of the European Union outside the territory of the Czech Republic, by order, agrees to the conclusion of the Contract in the English language.

 

4.7 The Agreement is concluded in accordance with the law of the Czech Republic. If the Customer is a Consumer, the relations not regulated by the Contract and these OP are governed by the Civil Code and the Consumer Protection Act. If the Customer is not a Consumer - he is an Entrepreneur, the relations not regulated by the Contract and these OP are governed by the Civil Code. Any deviating provisions in the Contract take precedence over the provisions of these T&C.

 

4.8 The Customer agrees to the use of means of remote communication when concluding the Contract. The costs incurred by the Customer in the use of means of remote communication in connection with the conclusion of the Contract (especially the costs of internet connection) shall be borne by the Customer himself.

 

4.9 The Customer is aware that the purchase of the Product does not give rise to any rights to use the trademarks, trade names, logos of the Operator or YPS or other third parties, unless otherwise agreed in a specific case by a separate contract.

 

4.10 After their conclusion, the Contracts are archived in electronic form and are accessible to the Operator and YPS.

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5. PRICE

 

5.1 The prices of the Product stated in the E-shop are stated including value added tax at the current statutory rate and including all related fees, especially fees associated with the costs of creating and delivering the Product. Prices remain valid as long as they are displayed in the E-shop.

 

5.2 Ownership of the Product passes to the Customer first by paying the price.

 

5.3 In the event that the Customer makes a payment and YPS is subsequently unable to ensure delivery of the Product for objective reasons, the Operator shall immediately return the payment to the Customer in the same manner. The time limit for the return of the performance depends on the chosen method of its return, but may not exceed a period of thirty (30) days from the moment when this impossibility arose.

 

5.4 The Customer is obliged to pay the price of the Product in the form chosen when placing the order. The customer can choose between the payment options set by YPS. The customer acknowledges that the possibility of making a payment depends on the technical conditions of the payment gateway operator.

 

6. PRODUCT DELIVERY, PRODUCT MANAGEMENT

 

6.1 YPS delivers the Product to the Customer by sending an e-mail with a QR code or url address to download the Product. The product can be downloaded to a mobile phone or tablet and saved in an application depending on the operating system of the device.

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6.2 The delivery time depends on the chosen method of payment, and is a maximum of one (1) working day from the payment of the price.

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7. RESERVATIONS AND NOTICES

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7.1 All information about the Product in the E-shop is of an informative nature (i.e. it is non-binding and unenforceable by the Customer) and YPS is not obliged to enter into an Agreement regarding the Product. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

 

7.2 The parties exclude the application of the provisions of § 1729 of the Civil Code in the event that YPS does not conclude a contract in the cases defined in the provisions of § 1729 of the Civil Code.

 

7.3 In relation to the Customer, YPS is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

 

8. PROCESSING OF PERSONAL DATA

8.1 YPS informs the Customer that in the sense of Article 6, paragraph 1, letter b) The Regulation entitles YPS to process the Customer's personal data necessary for the exercise of rights and obligations under the Contract. These are primarily personal data in the scope of: email address, name, surname, telephone number, address and other data that the Customer decides to place on the Product.

 

8.2 Personal data will be processed by YPS, or through processors with whom YPS has a contract on the processing of personal data in accordance with Article 28 of the Regulation, both in an automated and manual manner. The processing will include, in particular, the preparation, editing, sorting of personal data, their collection and retrieval in them, as well as other activities necessary for the realization of rights and obligations under the Contract.

 

8.3 YPS shall apply appropriate technical and organizational measures to protect personal data against accidental or unauthorized destruction, accidental loss, alteration, unauthorized communication or access, in particular through the technological elements of password access. YPS will further implement procedures to ensure that any third party who discloses personal data, including processors, respects and maintains the confidentiality and security of personal data.

 

8.4 The Customer acknowledges that the content of his telephone calls on the customer service line or lines may be recorded with his consent given in the manner specified in the call, in order to improve the quality of the YPS services provided. The Customer further acknowledges that the content of his telephone calls on the customer service line or lines may be recorded within the meaning of Article 6 (1) (a). b) Regulation even without its consent to the extent necessary for the negotiation or performance of partial arrangements in relation to the performance of rights and obligations under the Contract.

 

8.5 The customer has the right to:

 

8.5.1 request access from YPS to its personal data in accordance with Article 15 of the Regulation;

 

8.5.2 request the correction or deletion of their personal data pursuant to Article 16 of the Regulation;

 

8.5.3 request the deletion of their personal data pursuant to Article 17 of the Regulation;

 

8.5.4 request restrictions on the processing of your personal data pursuant to Article 18 of the Regulation;

 

8.5.5 on the portability of their personal data pursuant to Article 20 of the Regulation;

 

8.5.6 raise an objection to the processing of your personal data pursuant to Article 21 of the Regulation; and

 

8.5.7 to file a complaint with the Office for Personal Data Protection of the Czech Republic pursuant to Article 77 of the Regulation.

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8.6 YPS will retain personal data for the time necessary for the purpose of their processing. This period is considered to be the duration of the contractual relationship - the Contract and the subsequent period of another three (3) years from the moment of fulfilment of all rights and obligations under the Contract.

 

8.7 The contact for the processing and protection of personal data is: e-mail: info@yourpass.eu;

 

9. SENDING COMMERCIAL MESSAGES

 

9.1 By checking the appropriate box within the order, the Customer may give consent to YPS and the Operator:

9.1.1 to the processing and storage of personal data to the extent: e-mail address and telephone number provided by YPS in connection with its business activities, in order for YPS to inform it of news in areas in which YPS provides services or about offers of new services of YPS or the Operator; and at the same time

 

9.1.2 in accordance with the provisions of Section 7, Paragraph 2 of the Act on Certain Information Society Services, consents to the sending of YPS business communications by electronic means of communication to his e-mail address.

9.2 The granting of consent pursuant to Article 10.1 is voluntary by the Customer.

 

9.3 The processing of personal data pursuant to this Article 10 will take place automatically and manually and will be performed by YPS.

 

9.4 The Customer may revoke his consent pursuant to Article 10.1 at any time by means of an e-mail message sent to info@yourpass.eu, when it is sufficient to state "I do not agree" in the subject of the message and enter the data or data according to which the Customer can be identified.

 

9.5 The Customer acknowledges that the removal of an electronic contact from the YPS database for sending commercial communications may take up to one (1) month due to technical aspects.

 

9.6 YPS is entitled to store personal data in accordance with Article 10.1 for the time necessary for the purpose of their processing. This period is considered to be the period for which consent will be given in accordance with Article 10.1. The processing of personal data will take place in the YPS client register. The provisions of Articles 9.3, 9.5 and 1.1 apply mutatis mutandis.

 

10. WITHDRAWAL FROM THE CONTRACT

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10.1 For the reason stated in the provision of § 1837 letter j) of the Civil Code, it is not possible to withdraw from the purchase of the Product - Contract - in accordance with the provisions of § 1829 of the Civil Code, because in this case it is a contract for the use of free time and performance is provided within a specified period or time.

 

11. COMPLAINTS PROCEDURE

 

11.1 These Complaints Rules have been prepared in accordance with Czech law, in particular the Civil Code and the Consumer Protection Act, are an integral part of these T&C and govern the relations between the Customer and YPS when complaining about the Product.

 

11.2 Depending on the nature of the complaint, the complaint will relate either to the download and functionality of the Product.

 

11.3 Complaints about the Product: In case of errors in downloading and functionality of the Product, YPS is obliged to immediately ensure the functionality of the Product, the price paid for the Product is not refunded, unless expressly stated otherwise in these T&C.

 

11.4 Complaints about payment: If the Customer complains about a payment made through the E-shop, he can do so at: info@yourpass.eu

 

11.5 YPS will notify the Customer of the settlement of the complaint by telephone or e-mail, or by agreement in writing.

 

11.6 The Customer agrees that YPS will keep his personal data stated in the complaint form in its records for a period of three (3) years from the settlement of the complaint.

 

12. FINAL PROVISIONS

 

12.1 The Contract concluded during the period of announcement of these T&C shall be governed by these T&C to the extent not regulated by the Contract.

 

12.2 YPS may announce new business conditions on www.digitalbusinesscardcreator.com to replace these T&C.

 

12.3 The ineffectiveness or invalidity of any provision of these T&C or the Agreement, whether in whole or in part, does not affect the effectiveness or validity of the rest of these T&C and the Agreement.

 

12.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, www.coi.cz, is responsible for the out-of-court settlement of consumer disputes under the Agreement. As part of this solution, the rules set out at www.coi.cz will be followed.

 

12.5 Any disputes that arise on the basis of or in connection with the Contract shall be settled in court in accordance with the legal regulations of the Czech Republic by the competent courts of the Czech Republic.

 

12.6 These T&C are valid and effective from 1.10.2020.