Terms and Conditions

You are on the web interface shop.dubanci.cz, which is operated by our company

Smartpixels s.r.o., with registered office at Smržovská 828, Klánovice, 190 14 Praha 9

Number: 24853984

not subject to VAT

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 201085

address for delivery: Smartpixels s.r.o., Smržovská 828, Klánovice, 190 14 Prague 9

telephone number: 605 530 134

contact e-mail: info@dubanci.cz.

Please note that regardless of whether you are shopping through the web interface, registering on it or just visiting it, you must follow the rules below.

1. GOVERNING PROVISIONS

   1. The following terms are used in these terms of use for the web interface as defined below:

• purchase price (or just "price") is the price of the goods;

• Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended;

• Web Interface Terms of Use(hereinafter referred to as "Terms") are these rules that define and specify the terms of use of all functional components of the Web Interface;

• Seller is Eintopf s.r.o, registered office: Nerudova 50, 441 01 Podbořany, ID No.: 02436736, VAT No.: CZ02436736, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 37391, contact details: 603 707 511, matej@westprint.cz, website: www.westprint.cz;

• the provider is our company Smartpixels s.r.o. ("we" or "our company");

• contract means the contract of sale entered into between you as the buyer and Eintopf s.r.o. as the seller;

• Google (or just "Google") means Google, Inc.;

• web interface means our company's web interface located at shop.dubanci.cz;

• Privacy Act means Act No. 101/2000 Coll., on the protection of personal data, as amended.

1. 2. On the web interface, we primarily provide mediation of the conclusion of a contract between you as the buyer and the seller, based on the contract concluded between us and the seller. Within the scope of the contract concluded between us and the seller, we offer his goods via the web interface. You enter into the contract directly with the seller and not with us. We are not a party to such a contract and shall not be liable for the performance of the obligations under the contract, the subject of which is the sale of goods by the seller, nor for any damage caused by the contract or the inability to conclude the contract.

   3. Please note that the contractual relationship between you and the seller is governed by the seller's terms and conditions. You are required to read the seller's terms and conditions. The provisions of these Terms take precedence over the provisions of the Seller's Terms and Conditions.

2. PURCHASE AGREEMENT

   1. How is the purchase contract concluded?

The web interface provides a list of goods including a description of the main characteristics of each item. For each item, the price including all taxes, duties and charges is indicated. The presentation of the goods is for information purposes only and does not constitute a proposal to conclude a contract within the meaning of Article 1732(2) of the Civil Code. In order to conclude a contract, it is necessary that you have sent an order and that this order has been accepted by the seller.

1. 2. How to place an order?

You can always place an order through the web interface (by filling in the form), or by phone, e-mail or any other way that we allow according to the current information on the web interface.

The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).

Before submitting your order, please check the entered data, after pressing the "Order" button, your order will already be binding.The data provided in the binding order are considered correct and complete. Please inform us immediately by phone or e-mail if you change them.

If we have any doubt about the authenticity and seriousness of an order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.

1. 3. So when is the contract concluded?

The purchase contract is concluded at the moment when you receive the acceptance of the order from our side. Acceptance of your order will be sent to the email address you provided in your order. Should acceptance of the order not be received, the contract is concluded when you pay the full purchase price or take delivery of the ordered goods (whichever is earlier).

Information about the various technical steps leading to the conclusion of the contract is visible from the web interface.

1. 4. Can you cancel an order you have already placed?

You may cancel an order that has not yet been accepted by us (i.e. you have not been sent an order acceptance from us in accordance with clause 2.3 of these Terms and Conditions) by telephone or email. All orders accepted by us are binding. Subsequent cancellation of an order is only possible by agreement with the Seller. If an order is cancelled in this way for goods that cannot be withdrawn from the contract (see section 5.1 for details), the seller is entitled to compensation for the costs already incurred in connection with the contract.

1. 5. Can the price shown on the web interface change?

Prices of presented goods and prices for packaging, shipping and delivery remain valid for the time they are displayed on the web interface. Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.

In the event that there is a manifest technical error on our part in the price of the goods on the web interface or during the ordering process, the Seller is not obliged to deliver the goods to you at the manifestly erroneous price, even if you have been sent an acceptance of the order in accordance with these Conditions. In such a case, the Seller reserves the right to withdraw from the contract.

If the price indicated for the goods on the web interface or during the ordering process is no longer current, we will notify you immediately. If your order has not yet been accepted, the seller is not obliged to conclude the contract.

A price change that occurs between the time you submit your order and our acceptance of it pursuant to 2.3 of these Terms and Conditions does not affect the price of your order.

1. 6. Do you have the option to receive the contract in text form?

The Contract is not in writing with the signatures of the parties. The Contract consists of these Terms and Conditions, the Seller's Terms and Conditions, your order and our acceptance of it. The entire agreement will be sent to you by email or, at your request, printed by post. When sending by post, we may ask you to pay the costs involved.

1. 7. What if you don't understand something in the contract

If you have any questions about the Terms and Conditions or the Contract, you can contact us by phone or email. We will be happy to provide you with all the information you need.

3. Terms and Conditions

   1. What payment methods can you use

You pay the purchase price directly to the seller. You can pay the purchase price mainly in the following ways:

• in cash on delivery;

• cashless before delivery of the goods by transfer to the seller's bank account (instructions will be communicated to you in the order acceptance).

Any other payment methods are listed on the web interface.

Some payment methods (in particular cash on delivery) may incur additional charges. These fees are listed on the web interface. The final price will always be indicated in the order, which already includes the fees associated with the chosen payment method.

1. 2. When is the purchase price due?

In the case of payment in cash, the price is payable on receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within fourteen days of receipt of the order in accordance with clause 2.3.

1. 3. In what currency can you pay?

Payment of goods is possible in Czech crowns (CZK).

4. Delivery terms

   1. How are the goods sent?

The shipping methods are listed on the web interface. You can select the specific delivery method in the order. If you do not select a shipping method, we may determine it.

1. 2. What is the cost of delivery

The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. Actual delivery costs are listed on the web interface.

The order will always include the final price, which already includes the cost of the chosen shipping method.

1. 3. When will the goods be delivered to you?

Delivery time always depends on the nature of the goods, their availability and the chosen method of transport and payment. The specific delivery time can be found on the web interface.

Delivery of the goods under these Terms means the moment the goods are delivered to you. If you unreasonably refuse to accept the goods, this shall not be deemed to be a failure by the Seller to deliver the goods or a repudiation of the contract by you.

1. 4. How to proceed when taking delivery of the goods

Check the integrity of the packaging of the goods upon receipt. If you find any shortcomings, inform the carrier and the seller immediately. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal of the goods.

At the time you take delivery of the goods (or at the time you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.

5. CONTRACT WAIVER AND LIABILITY RIGHTS

   1. Do you have the right to withdraw from the contract?

According to the provisions of Article 1829 paragraph 1 of the Civil Code, you have the right to withdraw from the contract within 14 days from the date of receipt of the goods (if the delivery is divided into several parts, from the date of receipt of the last delivery).

Please note that, in accordance with the provisions of Section 1837(d) of the Civil Code, you do not have the right to withdraw from the contract on the delivery of goods that have been adapted to your wishes or for your person within 14 days of the conclusion of the contract.

In the case of the purchase of goods which do not fall under the provisions of Section 1837 of the Civil Code and which may be withdrawn from, withdrawal from the contract shall be governed by the seller's terms and conditions. In order to exercise the right before the withdrawal period expires, we recommend contacting the seller directly.

1. 2. What rights do you have in case of defective performance and who can you contact?

Your rights arising from defective performance are governed by the relevant generally binding legal provisions, in particular the provisions of Sections 1914 to 1925, 2099 to 2117 of the Civil Code and, if you are a consumer, also Sections 2158 to 2174 of the Civil Code and Act No. 634/1992 Coll, The right of defective performance is governed by the seller's terms and conditions.

For a faster settlement of the claim, we recommend exercising the rights of defective performance directly with the seller. However, if you are interested, you can also contact us and we will then resolve your case with the seller.

Please note that our company is not responsible for the quality of the goods that are delivered to you by the seller under contract.

6. WEB REGISTRATION

   1. You can register on the web interface using the registration form available on the web interface. In the registration form, you need to fill in the required details, especially the contact email. By registering, a user account is created.

   2. A username and password are required to access the user account. Keep user account access details confidential. We are not responsible for any misuse of the user account by a third party.

   3. Information provided during registration must be true and complete. An account where false or incomplete information has been used to create the account may be cancelled by us without refund.

   4. In case of any changes in your data, we recommend that you make immediate adjustments in your user account.

   5. You can primarily order goods, track orders and manage your user account through your user account. Any additional functions of the user account are always listed on the web interface.

   6. Please note that we have the right to terminate your user account without refund if there is a violation of good manners, applicable law or these Terms and Conditions through your account.

7. PERSONAL DATA PROTECTION

When you complete an order or register on the web interface, you provide us with some of your personal information. Furthermore, when using the web interface, other data to which we have access is collected, stored and processed. By entering your personal data and using the web interface, you consent to the processing and collection of your personal data to the extent and for the purposes set out below, until you object to such processing.

Privacy of personal data is very important to us. Therefore, when handling personal data, we act in accordance with the legal order of the Czech Republic, in particular the ZOOÚ.

1. 1. What is personal and other data?

Personal data is the data that you voluntarily provide to us as part of completing an order or registration. Personal data means any information that identifies or can identify a specific person. Personal data includes, but is not limited to, first and last name, photograph, date of birth, email address and home address or telephone number.

Other data that we obtain automatically in connection with the use of the web interface are IP address, browser, device and operating system type, time and number of accesses to the web interface, information obtained through cookies and other similar information. Please note that we may collect this additional information even without registration and regardless of whether or not you make a purchase on the web interface.

1. 2. How do we use personal and other data?

We primarily use personal and other data to give you access to your account and to make the web interface as easy to use as possible.

We also use the data to communicate with you about the management of your account and for user support. The data may be used to improve our services, including the use of analytics to analyse the behaviour of users of the web interface.

The data may be used for business and marketing purposes, i.e. to maintain a database of web interface users and to offer goods and services, indefinitely. By placing an order or registering, you agree to receive commercial communications by any electronic means.

You may withdraw your consent to receive commercial communications and electronic mail for direct marketing purposes at any time by sending an e-mail to our contact e-mail address.

1. 3. How do we manage and process your personal data?

We are a personal data controller within the meaning of the Personal Data Protection Act and are registered with the Office for Personal Data Protection under registration number 00071675.

We may delegate the processing of your personal and other data to a third party as a processor.

The personal and other data collected is fully secured against misuse.

Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in hard copy form in a non-automated manner.

1. 4. Who do we pass your personal data to?

We only transfer your personal data to the seller for the purpose of concluding the contract and subsequent performance under the contract. We only pass on your personal data to the seller to the minimum extent necessary for the conclusion of the contract and delivery of the goods.

1. 5. What are your rights in relation to personal data?

You have the right of access to your personal data and the right to information about its processing (information about the purpose of the processing, information about the sources of the data and information about the recipient). This information will be provided to you without undue delay upon request. You also have the right to rectification of your personal data and other legal rights in relation to that data.

We will remove your personal data from the database upon your written request.

If you believe that we or a data processor are processing your personal data in a way that is contrary to the law, you may:

• request an explanation from us or the processor;

• request that we or the processor remedy the condition so caused. In particular, this may involve blocking, correcting, supplementing or destroying personal data.

We will do our utmost to protect your personal data. However, if you are not satisfied with the processing, you have the right to contact the competent authorities, in particular the Office for Personal Data Protection. This provision is without prejudice to your right to address your complaint directly to the Data Protection Authority.

We may charge a reasonable fee for providing information on the processing of personal data, not exceeding the costs necessary to provide the information.

Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz).

We and any processors of personal data are based in the Czech Republic.

For more detailed information regarding data protection and the GDPR, please visit Data Protection Policy.

8. GOOGLE SERVICES AND COOKIES

The web interface uses so-called "cookies" for its operation. The web interface also uses Google Analytics and possibly other services provided by Google. The use of cookies also occurs in the context of the use of these services.

1. 1. What arecookies and how do you consent to their use

Cookies are text files stored on the computer or other electronic device of each visitor to a web interface that allow analysis of how the web interface is used.

By checking the consent box on the web interface, you consent to the use of cookies, and to the processing of data about you by Google and us, in the manner and for the purposes described in more detail on the web interface.

1. 2. Can you prevent storing cookies on your computer?

You can refuse the use of cookies by selecting the appropriate setting in your internet browser.

Please note that if you refuse the use of cookies, it is possible that you will not be able to use the full functionality of the web interface.

1. 3. How does Google use the data it collects

If you are interested in how Google uses the data it receives from us, you can find out by clicking the following link: How Google uses data when you use our partners' websites or apps.

9. COPYRIGHT PROTECTION

The content of the web pages hosted on the Web Interface (text, photographs, images, logos, etc.), including the Web Interface software and these Terms, is protected by our copyright and may be protected by other rights of others. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our permission or the permission of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

1. 1. How will we proceed in the event of copyright infringement?

We will proceed in accordance with Act No. 121/2000 Coll., Copyright Act, as amended, in the event of failure to comply with the prohibition described above.

We, as copyright holders, have the right to demand that infringements of our copyrights be refrained from and to demand the withdrawal of unauthorized copies of protected content.

We also have the right to claim reasonable compensation for the damage caused.

10. Other RELATIONSHIPS RELATING TO THE USE OF THE WEBSITE

    1. Please note that clicking on certain links on the Web Interface may cause you to leave the Web Interface and be redirected to third-party websites.

    2. We are not liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use mechanisms, software, scripts or other procedures that could adversely affect its operation, i.e. in particular interfere with the function of the system or place an unreasonable load on the system, and you must not take any action that could enable you or third parties to interfere with or make unauthorised use of the software or other components that make up the web interface, or use the web interface or any part of it or the software in a way that is contrary to its purpose or intended use.

    3. We cannot guarantee uninterrupted access to the Web Interface or the integrity and security of the Web Interface. We are not liable for damages caused by access to and use of the web interface, including any damages caused by downloading data posted on the web interface, damages caused by interruption of service, malfunction of the web interface, computer viruses, damages due to loss of data, profit or unauthorized access to transmissions and data.

    4. If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.

11. CONTRACTING PROVISIONS

    1. What are your rights when a consumer dispute arises?

If you are a consumer and if a dispute arises between you and the seller under a contract that you cannot resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right which is the subject of this consumer dispute with the seller.

You can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/ to lodge a complaint about goods you have purchased from the seller and to find an ADR entity.

1. 2. What else should you know?

When concluding a contract, means of remote communication (in particular the internet) are used. The costs incurred when using means of distance communication (in particular the costs of the internet connection or telephone calls) are borne by you. These costs do not differ from the standard rate.

Unless otherwise agreed, all correspondence between us in connection with the Contract shall be in writing, either by email, registered post or personal delivery. For our part, we will deliver to you at the e-mail address provided in your order or in your user account.

In the event that any provision of these Terms is (or becomes) invalid, ineffective or unenforceable, the provision that most closely approximates the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments or amendments to the Contract (including the Terms and Conditions) may only be made in writing.

These Terms and Conditions are valid and effective from 10 March 2017