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Business conditions of NAM system, a.s.
INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as "business conditions") of the company NAM system, a.s. registered at the Regional Court in Ostrava, file number B 2365, with its registered office at U Pošty 1163/13, Havířov - Prostřední Suchá 735 64, ID: 25862731, VAT ID: CZ25862731 regulate mutual rights and obligations of the contracting parties arising from the sale of goods and services based on purchase contracts or contracts for the provision of services (hereinafter referred to as the “contract”) concluded between NAM system, as and another natural or legal person (hereinafter referred to as the "customer") through the online store of NAM system, a.s. and mutual rights and obligations of NAM system, a.s. and the customer in connection with the negotiation of the contract. The online store is operated byNAM system, a.s. on the website at the Internet address https://www.eshopnamsystem.com (hereinafter referred to as the “website”), via the web interface of the online store on the stated website (hereinafter referred to as the “web interface of the store”). The Terms and Conditions also regulate the rights and obligations of the parties to the use of the website and related legal relationships.
1.2. The customer can only be a person who is an entrepreneur in the sense defined by the laws of the Czech Republic (§ 420 et seq. of Act No. 89/2012 Coll., as amended), ie a person who, together with NAM system, a.s. concludes a contract within the scope of his business activity or independent performance of their profession, ie not a consumer, as this term is defined by the laws of the Czech Republic. It is forbidden for a customer to purchase goods orservices in the web interface of the store outside the scope of their business activities or outside the scope of independent performance of their profession!
1.3. The provisions of the terms and conditions are an integral part of the contract.
1.4. Provisions of (i) other agreements between NAM system, a.s. and the customer, which regulate the conditions for the sale and purchase of goods, or (ii) service contracts take precedence over the wording of these terms and conditions.
1.5. The rights and obligations of the contracting parties in negotiating the conclusion of a contract, arising on the basis of the contract and the use of the website, are regulated by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., as amended, the Civil Code.
1.6. Provisions deviating from the business conditions can be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.
1.7. NAM system, a.s. may change or extend the wording of the business conditions. This provision does not affect the rights and obligations arising during the effectiveness period of the previous version of the terms and conditions.
USER ACCOUNT
2.1. The customer requests registration to the web interface of the store on the website of the store and fills in the specified data in the web interface of the store. NAM system, a.s. assesses the customer's request and confirm or reject it. There is no legal right to registration. Based on the customer's registration made on the website, the customer can access their user interface (hereinafter referred to as the "user account") and order goods or services. If the web interface of the store allows it, the customer can order goods or services without registration.
2.2. In the application for registration, in the user account and when ordering goods and services, the customer is obliged to state all data correctly and truthfully. The customer is obliged to update the data specified in the user account in case of any change. The data provided by the customer when applying for registration, in the user account and when ordering goods and services are considered correct by NAM system, a.s..
2.3. Access to the user account is secured by a username and password. The customer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that NAM system, a.s. is not responsible for breach of this obligation by the customer.
2.4. The customer is not entitled to allow the use of the user account by third parties.
2.5. NAM system, a.s. may terminate the user account at any time in its sole discretion, especially in the event that the customer does not use their user account for more than 24 months, or in case the customer violates their obligations under law or contract.
2.6. The customer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of NAM system, a.s. or third parties.
CONCLUSION OF THE CONTRACT
3.1. The web interface of the store contains a list of offered goods and services, including the prices of individually offered goods or services, with the exception specified in Article 3.7. of the business conditions. Prices include value added tax and all related fees, with the exception of costs associated with the packaging and delivery of goods, which are displayed to the customer subsequently when choosing the type of transport and payment. The offer to sell goods or provide services and their prices are effective as long as they are displayed in the web interface of the store. This provision does not limit NAM system, a.s. to conclude a contract under individually agreed conditions. All offers placed in the web interface of the store are non-binding and NAM system, a.s. is not obliged to enter into a contract for these goods or services.
3.2. To order goods or services, after the customer puts all the goods and services they require in the "basket", the customer fills in the order form in the web interface of the store. The order form contains in particular information about:3.3. Before sending the order to NAM system, a.s. 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. The order is sent by the customer to NAM system, a.s. by clicking on the "Submit order" icon. The data stated in the order are provided by NAM system, a.s. considered correct. Immediately after receiving the order, NAM system, a.s. will confirm this fact to the customer by e-mail to the customer's e-mail address specified in the user account or in the order (hereinafter referred to as the "customer's e-mail address"). This confirmation of order delivery is not an acceptance of the order in the sense of Article 3.5. of these business conditions.
3.4. NAM system, a.s. is always entitled at its discretion (eg depending on the nature of the order - quantity of goods or services, purchase price / price for providing services, estimated shipping costs) to ask the customer for additional confirmation of the order (for example, in writing or by phone).
3.5. The contract between NAM system, a.s. and the customer arises from the delivery of the acceptance of the order (acceptance), which is by the company NAM system, a.s. sent to the customer by e-mail, to the customer's e-mail address, with the exception of goods and services listed in Article 3.7. of the business conditions to which the procedure set out therein applies.
3.6. In the case of services, rental or provision of a license for the software, the condition for their provision is that the customer has concluded with NAM system, a.s. a special contract regulating the provision of the service, lease or license, unless NAM system, a.s. specified in the web interface of the store or in the offer otherwise.
3.7.In case that:
Výše uvedené však neplatí v případě, že zákazník má se společností NAM system, a.s. již uzavřenu Smlouvu o poskytování služeb NSG a objednává si ve webovém rozhraní obchodu SIM karty (na něž jsou vázány služby NSG) – v tomto případě jde o závaznou objednávku ve smyslu článku 3.2.- výše!
PRICE OF GOODS AND SERVICES AND PAYMENT TERMS
4.1. The customer can pay the purchase price of the goods and the costs associated with the delivery of the goods according to the contract to NAM system, a.s. in the following ways:4.2. Together with the purchase price, the customer is also obliged to pay NAM system, a.s. the costs associated with packaging and delivery and value added tax.
4.3. The company NAM system, a.s. is entitled, especially in case the customer does not provide additional confirmation of the order (Article 3.4.), to demand payment of the full price before sending the goods or setting up the service.
4.4. Potential discounts of goods or services provided to the customer cannot be combined.
4.5. The company NAM system, a.s. issues and sends to the customer a tax document for billing payments made on the basis of the contract - invoice and sends it in electronic form to the customer's email address or by post in writing to the customer's postal address.
TRANSPORTATION AND DELIVERY OF GOODS
5.1. If the method of delivery of goods is not agreed in the contract, the company NAM system, a.s. choses the method. If the form of transport is contracted on the basis of the customer's choice or request, the customer bears the risk and any additional costs associated with this form of transport.
5.2. Delivery of goods is provided through transport companies. The costs associated with the packaging and delivery of goods will be agreed individually on the basis of the offer of NAM system, a.s.
5.3. If NAM system, a.s. according to the contract is obliged to deliver the goods to the place specified by the customer in the order, the customer is obliged to take over the goods upon delivery. If the customer does not accept the goods upon delivery, the company NAM system, a.s. is entitled to claim the costs of returning the goods and is also entitled to withdraw from the contract.
5.4. If it is necessary to deliver the goods repeatedly or in a different way than stated in the order for reasons on the customer’s part, the customer is obliged to pay the costs associated with the repeated delivery of goods or costs associated with another method of delivery.
5.5. Upon receipt of the goods from the carrier, the customer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the customer does not have to take over the shipment from the carrier. If the customer signs the delivery note, it is considered that the shipment of goods was delivered undamaged.
RESPONSIBILITY FOR DEFECTS
6.1.Rights and obligations of the contracting parties regarding the liability of NAM system, a.s. for defects in the delivered goods or services are regulated by the relevant generally binding regulations, in particular the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code") and the wording of these business conditions.
6.2. The company NAM system, a.s. provides a guarantee for the quality of the goods in the cases specified for a specific product in the web interface of the store and with the warranty period specified therein. The company NAM system, a.s. guarantees the quality and that the goods will be eligible for a certain period of time for the purpose stated in the web interface of the store, otherwise for the usual purpose, or that they will retain the properties stated in the web interface of the store, otherwise the usual properties. However, the indication of the warranty or expiration period on the packaging or in the advertisement does not have these effects. A guarantee can also be provided for an individual part of the item. The warranty period runs from the receipt of the goods by the customer. The application of the provisions of Section 2113, Sentence 2 of Act No. 89/2012 Coll., as amended, is excluded.
6.3. The customer is obliged to inspect the goods as soon as possible after delivery and make sure of its properties and quantity. If NAM system, a.s. ships the goods, the customer may postpone the inspection until the goods are transported to the destination. The customer is obliged to notify NAM system, a.s. of any defect of the goods without undue delay after finding it or could find it with sufficient care, within 3 days at the latest.
6.4. Liability for service defects is regulated by the contract concluded for the provision of the service between NAM system, a.s. and the customer.
6.5. The customer's rights arising from liability for defects are exercised by the customer at NAM system, a.s. at the address of its registered office, U pošty 1163/13, Havířov - Prostřední Suchá. If the customer exercises the right from defective performance, the company NAM system, a.s. confirmes in writing, when the customer exercised the right, as well as the repaire and its duration.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The customer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The customer acknowledges that the software and other components that make up the web interface of the store (including photographs of the offered goods) are protected by copyright and industrial property rights. The customer undertakes not to perform any activity that could allow them or third parties to interfere or use the software or other components that make up the web interface of the store. The customer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of NAM system, a.s. and which is in accordance with its purpose.
7.3. The customer acknowledges that NAM system, a.s. is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.
PROTECTION OF PERSONAL DATA
8.1. The protection of personal data of a customer who is a natural person is regulated by Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Regulation on the Protection of Personal Data (hereinafter "the Regulation") and Act No. 110. / 2019 Coll., Act on the Processing of Personal Data, as amended and the rules set out below in Article 8.2. to 8.9.
8.2. NAM system, a.s. as an administrator in connection with registration in the web interface of trade and sale of goods and services processes about the customer the following personal data: name and surname, password, business name, business address or registered office, identification number, tax identification number, email address, telephone number, concluded contracts, invoicing data, delivery notes, account number for the purpose of:8.4. The customer commits to provide their personal data (when applying for registration, in their user account, when ordering from the web interface of the store) correctly and truthfully and is obliged to inform NAM system, a.s. without undue delay, about any change in their personal data.
8.5. Except for persons transporting goods and performing debt collection, the customer's personal data will not be passed on to third parties without their prior consent.
8.6. Osobní údaje budou zpracovávány:
a) pro účely uvedené v čl. 8.2. písm. a) po dobu, podle toho, co nastane později, (i) do vypořádání všech práv a povinností z uzavřené smlouvy či (ii) ukončení registrace a ještě tři roky poté,
b) pro účely uvedené v čl. 8.2. písm. b) po dobu do odvolání souhlasu zákazníka s tímto zpracováním.
Osobní údaje budou zpracovávány v elektronické podobě automatizovaným způsobem nebo v tištěné podobě neautomatizovaným způsobem.
8.7. Zákazník potvrzuje, že poskytnuté osobní údaje jsou přesné a bere na vědomí, že pro účely zasílání informací a obchodních sdělení zákazníkovi se jedná o dobrovolné poskytnutí osobních údajů. Souhlas se zpracováním osobních údajů pro účely zasílání informací a obchodních sdělení může zákazník kdykoli odvolat písemným oznámením doručeným na adresu sídla společnosti NAM system, a.s.
8.8. V případě, že by se zákazník domníval, že společnost NAM system, a.s. provádí zpracování jeho osobních údajů, které je v rozporu s ochranou soukromého a osobního života kupujícího nebo v rozporu se zákonem, zejména jsou-li osobní údaje nepřesné s ohledem na účel jejich zpracování, může:
• požádat společnost NAM system, a.s. nebo zpracovatele o vysvětlení,
• požadovat, aby společnost NAM system, a.s. odstranila takto vzniklý stav. Zejména se může jednat o blokování, provedení opravy, doplnění nebo likvidaci osobních údajů. Je-li žádost zákazníka podle předchozí věty shledána oprávněnou, společnost NAM system, a.s. odstraní neprodleně závadný stav. Nevyhoví-li společnost NAM system, a.s. žádosti, má zákazník právo obrátit se na Úřad pro ochranu osobních údajů. Tímto ustanovením není dotčeno oprávnění zákazníka obrátit se se svým podnětem na Úřad pro ochranu osobních údajů přímo.
8.9. Požádá-li zákazník o informaci o zpracování svých osobních údajů, je mu společnost NAM system, a.s. povinna tuto informaci poskytnout bez zbytečného odkladu. Společnost NAM system, a.s. má právo za poskytnutí informace podle předchozí věty požadovat přiměřenou úhradu nepřevyšující náklady nezbytné na poskytnutí informace.
DELIVERY
9.1. Unless otherwise agreed, all correspondence related to the contract must be delivered to the other party in writing, by email, in person or by registered mail through the postal service provider (at the option of the sender). Electroning delivering to the customer is carried out to the email address specified in their user account.
FINAL PROVISIONS
10.1. If the relationship related to the use of the website or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is regulated by the Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
10.2. If any provision of the business conditions is or becomes nugatory, invalid or ineffective, the invalid provision will be replaced by a provision which meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of any other provisions. Changes and additions to the contract or business conditions require a written form.
10.3. The contract, including business conditions, is archived by NAM system, a.s. in an electronic form and is not accessible.
10.4. Contact details of NAM system, a.s.: delivery address U Pošty 1163/13, 735 64 Havířov, email address: eshop@nam.cz, telephone +420 596 531 140.
EFFICIENCY
11.1. These business conditions came into force on 1.7.2021.
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