General Commercial Terms and Conditions (hereinafter referred to as “GCTC”)
I. Basic provisions
These GCTC regulate relations between the Contracting Parties of a contract of purchase/licencing contract in which the first party is the company FREYTAG-BERNDT, spol. s r.o., Company Registration Number: 00551317, Tax Identification Number CZ00551317, having its registered office at Sodomkova 1558, 102 00 Praha 10 – Hostivař, Czech Republic, entered in the Commercial Register maintained at the Metropolitan Court in Prague, file C 345, as the Seller (hereinafter referred to as “FREYTAG-BERNDT”, and the second party is the Buyer (hereinafter referred to as the “Buyer”).
Further information about FREYTAG-BERNDT is presented in the “About the company” section at www.freytagberndt.cz.
The Buyer is a consumer or an entrepreneur.
A consumer is whoever enters into a contract with FREYTAG-BERNDT or who deals with it in any other way beyond the scope of his business activity or beyond the scope of the independent undertaking of his occupation.
An entrepreneur is whoever undertakes, at his own expense and on his own responsibility, gainful activity by trading or in another way with the intention of doing so systematically for the purpose of achieving profit. For the purposes of consumer protection, an entrepreneur is considered, inter alia, whoever enters into a contract relating to his own commercial, production or similar activity or in the independent undertaking of his occupation or a person who acts on behalf of or at the expense of an entrepreneur.
By submitting an order, the Buyer warrants that it is familiar with these GCTC, of which communication prior to entering into a contract and the rules of warranty claims constitute an inseparable part, and expressly agrees to the wording of them valid and effective at the time of sending the order.
The Buyer is aware that by buying products in the commercial offer of FREYTAG-BERNDT it shall not have any rights to use the registered trademarks, commercial names, company logos etc. of FREYTAG-BERNDT or the contractual partners of FREYTAG-BERNDT, unless provided otherwise in a special contract in a specific case.
The Buyer shall receive a copy of the GCTC as an annex to confirmation of an order to the e-mail address provided, whereby the Buyer shall receive a tax document comprising the basic information of the contract when accepting goods and/or services.
II. Communication prior to entering into a contract
FREYTAG-BERNDT conveys that
1a) a sale is made solely electronically, in that the Buyer downloads electronic files.
1b) it requires the payment of the purchase price before the acceptance of performance by the Buyer from FREYTAG-BERNDT or the obligation to pay a deposit or similar payment according to the requirement of the Buyer to provide specific services, if requested and provided.
1c) FREYTAG-BERNDT shall not enter into a contract whose subject-matter is repeated performance if it brokers such contracts. The shortest period of time for which the Contracting Parties shall consider a contract is conveyed by the provider of the relevant performance, including information about the price or the manner of its determination for one billing period, which is invariably one month, if this price is invariable.
1d) in the case of licencing contracts entered into for an indeterminate period, the price of the licence is agreed for the entire period of provision of the licence, unless provided otherwise in the contract.
1e) the prices of goods and services are stated on the website run by FREYTAG-BERNDT inclusive of VAT, including all charges laid down by law.
1f) if the Buyer is a consumer, the consumer has the right to withdraw from the contract (unless provided otherwise hereunder) within a time limit of fourteen days, which commences:
- fa) on the date of accepting the goods in the case of a contract of purchase;
- fb) on the date of receiving the final delivery of goods in the case of a contract whose subject-matter is several types of goods or deliveries of several parts, or;
- fc) on the date of acceptance of the first delivery of goods in the case of a contract whose subject-matter is the regular, repeated supply of goods;
whereby such withdrawal must be sent to the address of the registered office of FREYTAG-BERNDT electronically.
2a) a consumer may not withdraw from a contract:
- aa) on the provision of services which FREYTAG-BERNDT has performed with the prior, express consent of the consumer prior to the expiration of the time limit for withdrawal from the contract;
- ab) on the supply of goods or services whose price depends on fluctuations of the financial market independent of the will of FREYTAG-BERNDT and which could occur during the time limit for withdrawal from the contract;
- ac) on the supply of goods which has been amended according to the wishes of the consumer or for its person.
- ad) on the supply of goods which are irrevocably mixed with other goods following delivery;
- ae) on the supply of digital content if it is not delivered on an actual carrier and is delivered with the prior consent of the consumer prior to the expiration of the time limit for withdrawal from the contract; FREYTAG-BERNDT stresses that in the case of the on-line delivery of digital content, it is not possible to withdraw from such a contract;
- af) in the case of withdrawal from the contract, the consumer shall cover the costs associated with the return of goods;
- ag) the consumer is obliged to pay a commensurate part of the price in the case of withdrawal from a contract whose subject-matter is the provision of services and whose performance has already commenced;
3a) the contract or relevant tax document shall be stored in the electronic archive of FREYTAG-BERNDT, whereby registered users of FREYTAG-BERNDT shall also have access to this information in their profile.
The Buyer may enter into a contract by accepting an offer to enter into a contract on the PhoneMaps website run by FREYTAG-BERNDT by placing the required performance (service, electronic content) in a basket. Before the Buyer bindingly confirms an order, it has the right to change both the required performance and the method of payment, and therefore to check all information which it submitted in the order. A contract of purchase is created by the Buyer sending an order after selecting the method of payment and by FREYTAG-BERNDT accepting the order; FREYTAG-BERNDT is not liable for any errors in the transmission of data. FREYTAG-BERNDT shall confirm having entered into a contract without delay by sending an information e-mail to the Buyer to the e-mail provided by the Buyer.
The invoice of FREYTAG-BERNDT constitutes an annex to this confirmation. The contract having been entered into (including the agreed price) may only be amended or cancelled at the agreement of the Parties or on statutory grounds. For exemptions to this procedure, see Article 2(II)(ae).
Relations and any disputes which arise based on the contract shall be resolved solely according to the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.
A contract is entered into in Czech language. Should the Buyer require the wording of the text to be translated, it stands that the Czech wording of the contract shall prevail in the case of disputes to concern the interpretation of terms.
A contract having been entered into is archived by the Buyer for a period of at least five years from the date of being entered into, and for the maximum period laid down in the relevant legal regulations, for the purpose of its successful performance and is not available to uninvolved third parties. Information about the individual technical steps leading to the entering into of a contract is evident from these commercial terms and conditions, where this process is comprehensibly described.
By entering into a contract of purchase, FREYTAG-BERNDT undertakes that it shall deliver a product or provide the digital content/licence which is the subject-matter of purchase to the Buyer and enable it to acquire ownership rights/a licence to it and the Buyer undertakes that it shall accept the product/digital content and pay FREYTAG-BERNDT the purchase price.
FREYTAG-BERNDT reserves the ownership rights to the product and for this reason the Buyer shall only become the owner upon the full payment of the purchase price.
FREYTAG-BERNDT shall deliver a product to the Buyer together with the documents which relate to the product and shall enable the Buyer to acquire ownership rights to the product/licence in accordance with the contract.
FREYTAG-BERNDT discharges the obligation to deliver a product to the Buyer if it enables the Buyer to have disposal of the product in the place of performance and timeously informs it of this.
Should FREYTAG-BERNDT deliver a larger quantity of products than has been agreed, the contract of purchase is also entered into for the surplus quantity unless the Buyer refuses this without undue delay.
FREYTAG-BERNDT shall deliver the subject-matter of purchase to the Buyer in the agreed quantity, quality and execution.
A product is defective if it does not have the agreed properties. A defect is also considered to be the performance of another product and defects in the documents required to use a product.
The right of the Buyer arising from defective performance is established by a defect which a product has upon the transfer of the risk of damage to the Buyer, even if it appears later. A defect which occurs later and which FREYTAG-BERNDT causes by being in breach of its obligations also establishes the rights of the Buyer.
The Buyer shall examine the product, where possible, as soon as possible following the transfer of the risk of damage to the product and shall convince itself of the properties and quantity.
The risk of damage shall pass to the Buyer upon acceptance of the product. The same applies when the Buyer does not accept the product even though FREYTAG-BERNDT has enabled it to have disposal of that product.
Damage to a product incurred following the transfer of the risk of damage to the product to the Buyer shall be without prejudice to its obligation to pay the purchase price, unless FREYTAG-BERNDT causes the damage by being in breach of its obligations.
Delay by a Party in accepting a product shall establish the right of the other Party to sell the product, following prior notification, at the expense of the Party in delay in an appropriate manner after the other Party has provided a reasonable additional time limit for acceptance. This shall also stand if a Party is in delay with the payment on which the transfer of the product is conditional.
The liability of FREYTAG-BERNDT
FREYTAG-BERNDT is liable to the Buyer for the fact that a service or digital content is not defective upon acceptance. In particular, FREYTAG-BERNDT is liable to the Buyer for the fact that, at the time when the Buyer accepts the product,
a) the service or digital content has the properties which the Parties have agreed or, where such agreement does not exist, such properties which FREYTAG-BERNDT or the manufacturer has described or which the Buyer expects with regard to the nature of the service and digital content based on the advertising or the offered service or the content of a published offer and that the product complies with the requirements of legal regulations.
The Buyer is authorised to exercise its rights arising from a defect which occurs to consumer goods within a period of twenty four months of acceptance; this, however, does not apply to:
a) a product sold for a lower price as a result of a defect for which the lower price is agreed;
b) wear-and-tear to the product caused by its normal use;
c) situations in which this ensues from the nature of the product.
The Buyer has no rights arising from defective performance if the Buyer, prior to accepting the goods, knows that the product is defective or if the Buyer causes the defect itself.
If a product has a defect by which FREYTAG-BERNDT is bound and it is a product sold for a lower price or a used product, the Buyer shall be entitled to a commensurate discount rather than to the replacement of the product.
Gross breach of contract
If defective performance is gross breach of contract, the Buyer has the right
1) to the rectification of the defect by way of the delivery of a new product without defect or by way of the delivery of a missing product, unless this is unreasonable with regard to the nature of the defect. If the defect only concerns part of the product, the Buyer may seek only the replacement of the part; if this is not possible, it may withdraw from the contract. If, however, this is not commensurate with regard to the nature of the defect, in particular if the defect can be rectified without undue delay, the Buyer is entitled to the rectification of the defect without consideration.
2) to the rectification of the defect by way of the repair of the product;
3) to an appropriate discount on the purchase price, or;
4) to withdraw from the contract.
Should FREYTAG-BERNDT fail to rectify a defect within a reasonable time limit or informs the Buyer that it shall not rectify the defect, the Buyer may seek a commensurate discount on the purchase price instead of the rectification of the defect or may withdraw from the contract. Should the Buyer fail to choose its right on time, it shall have the rights as in the case of minor breach of contract – see hereunder.
A Buyer/consumer shall also have the right to a commensurate discount in the case that FREYTAG-BERNDT is unable to supply it with a new product without defect, to replace its component part or to repair the product and in the case that FREYTAG-BERNDT does not arrange for corrective action within a reasonable period or in the case that the arrangement of corrective action causes the consumer considerable inconvenience.
IV. Withdrawal from a contract
Withdrawal from a contract by a consumer
A consumer may withdraw from a contract within a time limit of fourteen days. The time limit commences on the date of entering into the contract and
a) on the date of accepting the goods in the case of a contract of purchase;
b) on the date of receiving the final delivery of goods in the case of a contract whose subject-matter is several types of goods or deliveries of several parts, or;
c) on the date of the first delivery of goods in the case of a contract whose subject-matter is the regular, repeated delivery of goods.
FREYTAG-BERNDT shall enable the consumer to withdraw from the contract by sending an e-mail to email@example.com and FREYTAG-BERNDT shall confirm its receipt to the consumer in text format without undue delay.
Should a consumer withdraw from a contract, it shall send or present to FREYTAG-BERNDT without undue delay, and not later than fourteen days after withdrawing from the contract, the goods which it received from FREYTAG-BERNDT; this it shall do at its own expense.
The consumer shall return the goods in full, with complete documentation, undamaged, clean, including the original packaging if possible, in the condition and to the value in which it received the goods.
Should the consumer decide to withdraw during the specified time limit, we recommend, in order to speed up the handling of withdrawal, delivering the goods to the address of FREYTAG-BERNDT together with an enclosed cover note stating, as the case may be, the reason for withdrawing from the contract of purchase (this is not a condition), the number of the purchase document and the specified bank account number.
The consumer is only liable to FREYTAG-BERNDT for a reduction in the value of the goods which arises in consequence of disposing of these goods in a way other than is necessary to dispose of them with regard to their nature and properties.
Should the consumer withdraw validly from a contract, FREYTAG-BERNDT shall return to it, without undue delay, and not later than within fourteen days of withdrawing from the contract, all monies received, with the exception of the costs of delivery (the consumer is entitled to the delivery of goods without consideration in selected situations), which it received from it based on the contract.
Should the consumer withdraw from a contract, FREYTAG-BERNDT is not, however, obliged to return to the consumer monies received until such time as the consumer has returned the goods or proven that it has sent the goods to FREYTAG-BERNDT.
The Buyer may not withdraw from a contract if the subject-matter of purchase is electronic content purchased exclusively electronically.
Withdrawal in other cases
A Buyer may not withdraw from a contract or demand the delivery of a new product if it is unable to return the product in the condition in which it received it. This shall not apply
a) if the change in condition occurs in consequence of an inspection to identify defects to a product;
b) if the Buyer uses the products before the discovery of the defect;
c) if the Buyer does not cause the impossibility of returning the product in unaltered condition through action or neglect, or;
d) if the Buyer sold the product before discovering the defect, used it or modified the product in normal use; if this happened only in part, the Buyer shall return to FREYTAG-BERNDT that which it can still return and provide FREYTAG-BERNDT recompense to the amount in which it gained from the use of the product.
Should the Buyer fail to report a defect on time, it shall forfeit the right to withdraw from the contract.
V. Security and protection of information
The Seller represents that all personal data is confidential, shall be used only to undertake the performance of the contract with the Buyer and the marketing campaigns of the Seller and shall not otherwise be published, provided to a third party etc., with the exception of situations associated with distribution or the payment system to concern the ordered goods (the communication of name and the address of delivery). The Seller shall proceed such that the subject of the data does not suffer any injury of its rights, in particular the right to maintain human dignity, and shall also attend to protection from unauthorised encroachment on the private and personal life of the subject of data. Personal data, which is provided on a voluntary basis by the Buyer to the Seller in order to fulfil orders and marketing actions of the Seller, is collected, processed and stored in accordance with the laws in force in the Czech Republic, in particular Act No. 101/2000 Sb. on personal data protection, as amended. The Buyer shall provide the Seller with its consent to the collection and processing of such personal data for the purposes of implementing the subject-matter of the contract of purchase having been entered into and use for the marketing campaigns of the Seller (in particular for sending commercial communications, telemarketing, SMS) until such time as it sends a written statement of non-consent to this processing to the address of FREYTAG-BERNDT spol s r.o., Company Registration Number 00551317, Sodomkova 1558/12, 102 00 Praha 10 – Hostivař. Electronic format is also considered to be a written statement in this case, in particular an e-mail sent to firstname.lastname@example.org. The Buyer has the right to access its personal data and the right to modify it (using a contact form) and the right to request an explanation and to rectify an erroneous situation and other statutory rights to this data.
VI. Hours of work
Orders made via FREYTAG-BERNDT Internet shops are realised 24 hours a day, 7 days a week.
All prices are contractual. The prices in the on-line shop are invariably up-to-date and valid.
Prices are final, meaning inclusive of VAT and inclusive of all other taxes and duties which a consumer must pay to receive the goods.
Special offer prices are valid for the period of time specified.
The normal price means the retail price recommended by the producer/supplier.
VIII. Placing orders
The Buyer receives performance for the price valid at the time of placing an order. This price shall be stated in the order and in the message which confirms the acceptance of the order of goods.
The Buyer is obliged to place an order through the PhoneMaps e-shop using the registered profile of the Buyer. In the case of public access to the Internet, FREYTAG-BERNDT further recommends that the Buyer sign out of its profile after having placed an order.
IX. The terms and conditions of payment
The Seller accepts the following terms and conditions of payment:
a. payment in cash or by card when purchasing from contractual retailers;
b. payment by MasterCard or Visa via an Internet payment portal;
c. payment via the PayPal system.
The goods shall remain the property of FREYTAG-BERNDT until full payment; however, the risk of damage to a product passes to the Buyer upon the acceptance of the goods.
X. The terms and conditions of warranty and warranty claims
The terms and conditions of warranty on the goods are governed by the Warranty Claims Regulations of FREYTAG-BERNDT and by the relevant legal regulations of the Czech Republic. The purchase document usually serves as the warranty certificate.
XI. Handling purchased data
The customer is aware that the Copyright Act, as amended, relates to the purchased work (data). The purchase of data does not establish any right for it to use registered trademarks, commercial names or company logos.
By agreeing to the commercial terms and conditions of FREYTAG-BERNDT, it undertakes to use the purchased work (data) only and solely for its own needs and it primarily undertakes not to distribute it or provide it to third parties.
This does not apply if a licencing contract is entered into according to the terms and conditions specified therein.
XII. Final provisions
These General Commercial Terms and Conditions and their component parts enter into force and effect on 1.1.2014 and cancel the previous wording of the GCTC and their component parts.
FREYTAG-BERNDT, spol. s r.o.
102 00 Prague 10 Hostivar
The company is registered with the Municipal Court in Prague, file C 345