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I. General Provisions

1. These general terms and conditions (hereinafter the "terms and conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), by the company

BHG Gate.r.o.
Company ID: 07341253
VAT ID: CZ07341253
Registered office: Michalská 436/19, Staré Město, 110 00 Prague 1
Registered with the Municipal Court in Prague, file reference C 299432

Contact details: Petr Bauer
e-mail: management@irongatehotel.com
web: deerprague.com

(hereinafter the "seller")

These terms and conditions govern the mutual rights and obligations of the seller and any individual who concludes a purchase contract (hereinafter the "purchase contract") outside their business activities as a consumer, or within their business activities (hereinafter the "buyer"), through the web interface located at deerprague.com

(hereinafter the "seller")

2. (hereinafter the "online store"), or through e-mail correspondence (see the e-mail address stated in Article I, paragraph 1 of these terms and conditions) on the basis of an order confirmed by the seller and an offer made by the buyer on the basis of a selection from a product catalogue sent by e-mail by the buyer (hereinafter the "product catalogue").
3. The provisions of the terms and conditions form an integral part of the purchase contract. Any deviating arrangements in the purchase contract shall take precedence over the provisions of these terms and conditions. Any individual arrangements deviating from these terms and conditions in any way must be made in writing (which is also satisfied by e-mail).
4. These terms and conditions and the purchase contract are concluded in the Czech language.
5. For the purposes of these terms and conditions, a consumer is any individual who, unlike the seller, does not act within their business activities or the independent exercise of their profession when concluding and performing a contract.

II. Product Information and Prices

1. Information about products, including the prices of individual items and their main characteristics, is provided for each product in the online store catalogue. Product prices are stated inclusive of value added tax, all related charges, and the costs of returning goods where such goods cannot by their nature be returned by ordinary postal means. Product prices do not include the costs of delivering goods to the buyer, unless the seller's online presentation expressly states otherwise. Product prices remain valid for as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract on individually agreed terms. An estimated delivery time may also be stated in the online store; however, this information is indicative only and does not constitute a commitment by the seller to deliver within that timeframe if objective circumstances prevent the seller from doing so (e.g. stock depletion, force majeure – natural disasters, pandemics, etc.), and shall not be considered a delay on the part of the seller. The seller will notify the buyer of such circumstances without undue delay.
2. All product presentations in the online store catalogue are for informational purposes only and the seller is not obliged to conclude a purchase contract in respect of such products. This also applies to photographs on the online store pages, which are for illustrative purposes only and may not accurately reflect the appearance and quality of the products sold. If a purchase contract is not concluded pursuant to Article III of these terms and conditions or on individually agreed terms, the product range published on the seller's online presentation or product catalogue shall not be considered a binding offer within the meaning of Section 1732(2) of the Civil Code.
3. The online store also publishes information about the costs associated with packaging and delivery of goods, which are not included in the purchase price. Information about packaging and delivery costs stated in the online store applies only where goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of goods may not be combined, unless the seller and the buyer agree otherwise.
5. The above provisions shall apply accordingly to cases where the buyer orders goods from the seller on the basis of an e-mail offer. In such cases, this article shall apply to the product catalogue sent by e-mail, with the relevant information being stated in that product catalogue. For the avoidance of doubt, the application of Section 1732(2) of the Civil Code to such an offer by means of a product catalogue is also excluded here. The product catalogue shall generally not state a delivery time; the seller will inform the buyer of the delivery time in response to an order, in accordance with these terms and conditions.

III. Order and Conclusion of the Purchase Contract

1. A purchase contract between the seller and the buyer under these terms and conditions may only be concluded under the conditions set out herein, unless the parties agree otherwise. The provisions on the contracting process under Sections 1731 to 1745 of the Civil Code shall not apply to the extent that they are inconsistent with the conditions for concluding a purchase contract set out below. The seller is not obliged to conclude a contract on the basis of the online presentation (online store) or product catalogue.
2. Any costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer. These costs do not differ from the standard rate.
3. Any acceptance of an offer with an addition or variation by the buyer shall not be considered acceptance of the offer, unless the seller expresses an entirely different intention.
4. A written confirmation of the content of a contract concluded in other than written form that shows deviations from the actually agreed content of the contract shall have no legal effect.
5. Acceptance of unsolicited performance by the buyer does not constitute acceptance of an offer.
6. The buyer may place an order for goods in the following ways:
   • through their customer account, if they have previously registered in the online store,
   • by completing an order form without registration,
   • by placing an e-mail order in the manner described further in these terms and conditions.

7. In the event of an obvious technical error on the part of the seller in stating the price of goods in the online store, in the product catalogue, or at any time during the conclusion of the purchase contract or processing of an order under a concluded purchase contract, the seller is not obliged to deliver goods to the buyer at such an obviously erroneous price, even if the buyer has been sent an automatic order confirmation, or a purchase contract has been concluded via e-mail or the online store under these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer a revised offer to their e-mail address. The revised offer shall be considered a new proposal for a purchase contract, and the purchase contract shall in such case be concluded upon confirmation of acceptance by the buyer to the seller's e-mail address. Otherwise, the purchase contract shall be deemed not to have been concluded.
8. In the event that the seller is unable to fulfil any of the requirements, the seller will send the buyer a revised offer to their e-mail address; this also applies after the purchase contract has been concluded (in particular if such reason becomes apparent only after conclusion of the purchase contract). The revised offer shall be considered a new proposal for a purchase contract, and the purchase contract shall in such case be concluded upon confirmation of acceptance of the offer by the buyer to the seller's e-mail address stated in these terms and conditions.
9. The seller also draws the buyer's attention to the fact that the purchase contract is not concluded if the seller has legitimate doubts as to the identity of the buyer (or the authorised person acting on behalf of the buyer).

Procedure for ordering goods through the online presentation (online store)

10. When placing an order, the buyer selects the goods, the quantity, the payment method, and the delivery method.
11. Before submitting the order, the buyer is given the opportunity to review and amend the information entered in the order. The buyer submits the order to the seller by clicking the Purchase button. The information provided in the order is considered correct by the seller. The order is valid only if all mandatory fields in the order form are completed and the buyer confirms that they have read these terms and conditions.
12. Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt to the e-mail address provided during the order. This confirmation is automatic and does not constitute conclusion of a contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is only concluded upon acceptance of the order by the seller. Notification of acceptance of the order is delivered to the buyer's e-mail address.
13. All orders received by the seller are binding. The buyer may cancel an order until the buyer receives notification of the order being accepted by the seller. The buyer may cancel an order by telephone or e-mail using the seller's contact details stated in these terms and conditions.
    Procedure for ordering goods by e-mail
14. In the case of concluding a purchase contract by e-mail communication on the basis of a product catalogue, the seller will send a product catalogue to the e-mail address provided by the buyer, in which the seller will provide the buyer with the information pursuant to Article II, paragraphs 1 to 3 of these terms and conditions. At the same time, the seller will also send the buyer these terms and conditions in the same e-mail, drawing their attention to the fact that they form an integral part of the purchase contract if concluded under this paragraph. The seller will also invite the buyer to place an order by written reply to the seller's e-mail address stated in the header of these terms and conditions. Other forms of orders will generally not be accepted, unless the parties demonstrably agree otherwise in a specific case. The seller will also inform the buyer of the available payment and delivery methods.
15. If the buyer wishes to purchase goods, the buyer shall send a written reply/order to the seller's e-mail address, which must contain at least the following information (hereinafter the "order"):
    • an indication of whether the buyer is purchasing as an individual or a legal entity, and whether they are doing so within their business activities or independent professional practice, in the case of an individual;
    • contact details, at minimum: first name, surname, address, e-mail and phone number for an individual; or first name, surname, registered address, company ID, e-mail and phone number for a self-employed individual; or business name, registered address and company ID, and contact details of the individual representing the legal entity, in the case of a legal entity (hereinafter "contact details");
    • the goods from the product catalogue that the buyer is requesting, including the quantity. If the buyer is requesting multiple types of goods, the order must clearly indicate the quantity for each type of goods;
    • the payment method pursuant to Article V, paragraph 1;
    • the delivery method pursuant to Article V, paragraph 8.

16. The buyer acknowledges that they are fully responsible for ensuring that the contact details are truthful and up to date. The buyer is obliged to compensate the seller for any damage caused by a breach of this provision, including any legal representation costs in proceedings before public authorities or sanctions imposed in administrative or other proceedings.
17. An order pursuant to paragraph 15 does not create and cannot give rise to any obligation on the part of the seller to deliver goods to the buyer under the order. In response to an order, the seller may (but is not obliged to take any of the following steps):
    • confirm the order by sending back to the buyer at the same e-mail address a summary of the ordered goods, the purchase price, the costs associated with packaging and delivery, the delivery date, the delivery method, and the method of payment of the purchase price and packaging and delivery costs. The seller reserves the right to offer the buyer a different assortment of goods, or to confirm the order only in part, in particular due to the unavailability of the ordered goods (hereinafter the "offer");
    • invite the buyer to supplement an incomplete or unclear order, and only confirm the order in writing after clarification, whereby such clarification may also take place by telephone;
    • notify the buyer that the order cannot be fulfilled at the present time – the same effect applies if the seller does not respond to the buyer's order within 7 days;
    • propose to the buyer the delivery of alternative goods of comparable quality, if the goods in the order are unavailable; in that case the procedure under paragraphs 15 to 17 shall apply accordingly.

18. The buyer may then confirm the offer made pursuant to paragraph 17, first bullet point by e-mail, no later than 3 business days from its delivery. The purchase contract is concluded when the buyer unconditionally confirms the offer to the seller; confirmation of an offer that differs from its content in any way shall not be considered conclusion of a purchase contract. However, the seller reserves the right to accept such a modified offer, and in that case the purchase contract is bindingly concluded when the seller notifies the buyer that it accepts the modified proposal.
19. The buyer is fully responsible for ensuring that their e-mail inbox is functional throughout the entire process of concluding the contract. Any communication sent by the seller shall be deemed delivered to the buyer on the same day, regardless of whether the buyer logs into their e-mail inbox.
20. If necessary, the parties may partially deviate from this method of concluding a purchase contract by e-mail.
21. Where these terms and conditions refer to "orders" and "order confirmation", this means, depending on the context, not only ordering through the online presentation (online store), but also ordering by e-mail within the meaning of paragraphs 14 to 20 of this article.

IV. Customer Account

1. Upon registration in the online store, the buyer may access their customer account. From their customer account, the buyer may place orders for goods. The buyer may also order goods without registration.
2. When registering a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information in the customer account whenever it changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality of the information necessary for accessing their customer account. The seller shall not be liable for any misuse of the customer account by third parties.
4. The buyer is not authorised to allow third parties to use the customer account.
5. The seller may cancel a customer account, in particular if the buyer no longer uses it, or if the buyer breaches their obligations under the purchase contract or these terms and conditions. 6. The buyer acknowledges that the customer account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of hardware and software of third parties.

V. Payment Terms and Delivery of Goods

1. The buyer may pay the price of goods and any costs associated with delivery under the purchase contract in the following ways:
   • by cashless bank transfer to the seller's account no. 19-5819800287/0100, held at Komerční banka, a.s. (in such case, the buyer is entitled to take delivery of the goods only once the purchase price has been duly credited to this account of the seller);
   • by cashless bank transfer to the seller's account via a payment gateway;
   • by cash on delivery upon handover of the goods;
   • by cash or payment card upon personal collection at the seller's premises;

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount (hereinafter "postage and packaging" or "delivery costs"). Postage and packaging is not included in the purchase price.
3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before dispatch of the goods does not constitute an advance payment.
7. Under the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online, or in the event of a technical outage, within 48 hours at the latest. This does not apply if the registration of sales under the said Act is suspended by measures of the competent authorities, for example during a state of emergency or pandemic.
8. Goods are delivered to the buyer:
   • to the address specified by the buyer in the order;
   • via a parcel pick-up point to the address of the pick-up point specified by the buyer;
   • by personal collection at the seller's premises at Staroměstské náměstí 460/29, Staré Město, 110 00.

9. The seller shall deliver the goods to the buyer in full accordance with the order, unless a different delivery time is expressly stated for individual goods, and unless the seller is prevented from delivering the goods by an unforeseeable and unexpected obstacle (force majeure – e.g. pandemic, circumstances solely on the part of the carrier), no later than 10 days from:
   • order confirmation and conclusion of the purchase contract, if the buyer chose cash on delivery upon handover of goods, cash upon personal collection at the premises, or cash or payment card upon personal collection at a pick-up point;
   • the crediting of the full purchase price and delivery costs to the seller's account, if the buyer paid by cashless bank transfer via a payment gateway or by cashless bank transfer to the seller's bank account stated in paragraph 1 above. In the case of goods with different delivery times in a single order, the longest delivery time shall apply to all purchased goods.

10. Delivery of goods within the meaning of paragraph 9 above shall be deemed to have occurred when the goods can be fully disposed of by the buyer. This means that goods are considered delivered:
    • in the case of dispatch to the address specified by the buyer in the order, on the day the parcel is first delivered to the stated address, regardless of whether the buyer was present at that address to receive the goods. In the case of choosing a third-party carrier offering delivery time options for the buyer to choose from, it shall be the first calendar day offered by the carrier as a possible delivery day, including where the goods were transported by such third-party carrier to the nearest pick-up point at the buyer's request after dispatch by the seller (e.g. PPL Parcelshop, GEIS pick-up point, etc.);
    • in the case of personal collection, on the day the goods were made available for personal collection at the seller's premises and the buyer was informed by the seller that collection is possible. The seller draws the buyer's attention to the fact that the seller is not responsible for any failure by the relevant external carriers/operators of collection points/postal service operators (other than the seller's own collection point) to notify the buyer that the goods are ready for collection.

11. The choice of delivery method is made during the ordering process.
12. Postage and packaging are stated in the buyer's order and in the seller's order confirmation. In the event that a method of transport is agreed on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with that method of transport; the liability of a third party (carrier) is not affected thereby.
13. If the seller is obliged under the purchase contract to deliver goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery, or the costs associated with the alternative delivery method.
14. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the packaging and to report any defects to the carrier immediately. If the packaging is found to be damaged in a way that indicates unauthorised access to the parcel, the buyer is not obliged to accept the parcel from the carrier.
15. The seller will issue the buyer with a tax document – invoice. The tax document is enclosed with the shipment or sent to the buyer's e-mail address.
16. The buyer acquires title to the goods upon payment of the full purchase price of the goods including delivery costs, but not before receipt of the goods. The seller (or the delivery agent or pick-up point) shall hand over the goods to the buyer only once the purchase price has been paid in full.
17. The risk of accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods, or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.
18. If the buyer fails to collect the goods within the agreed period in breach of their obligation, the buyer is required to pay the seller a storage fee of CZK 10 per day of delay, up to a maximum of CZK 300.

VI. Withdrawal from the Contract

1. A buyer who has concluded a purchase contract outside their business activities as a consumer has the right to withdraw from the purchase contract (including on the grounds set out in the law). Where Article VI of these terms and conditions refers to the buyer, it applies only to a buyer who has concluded a purchase contract with the seller as a consumer; otherwise Article VI of these terms and conditions shall not apply. These terms and conditions also serve as information to the consumer about the right to withdraw from the contract within the meaning of Section 1820(1)(f) of the Civil Code.
2. The withdrawal period is 14 days:
   • from the date of receipt of the goods;
   • from the date of receipt of the last delivery of goods, where the contract relates to several types of goods or delivery in several parts;
   • from the date of receipt of the first delivery of goods, where the contract relates to regular repeated deliveries of goods.

3. The buyer may not withdraw from the purchase contract in the cases set out in Section 1837 of the Civil Code. In particular, the seller hereby draws the buyer's attention to the fact that, pursuant to Section 1837(1)(g) of the Civil Code, the consumer may not withdraw from a purchase contract for the supply of goods in sealed packaging that the buyer has removed from the packaging and which cannot be returned for hygiene reasons.
4. In order to comply with the withdrawal period, the buyer must send the withdrawal notice within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's e-mail or postal address stated in these terms and conditions. The seller will confirm receipt of the form to the buyer without delay.
6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, including where the goods cannot by their nature be returned by ordinary postal means.
7. If the buyer withdraws from the contract, the seller will return all funds received from the buyer, including delivery costs, without undue delay and no later than 14 days from the withdrawal, in the same manner. The seller will return the funds to the buyer by a different method only if the buyer agrees and if no additional costs are thereby incurred by the buyer.
8. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will refund the delivery costs only up to the amount corresponding to the cheapest delivery method offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds to the buyer before the buyer hands over the goods or proves that the goods have been dispatched to the seller.
10. The buyer must return the goods to the seller undamaged, unworn and unsoiled, and where possible in the original packaging. The seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price. Damage shall mean cases where the returned goods are damaged as a result of a breach of the buyer's legal obligations under applicable law.
11. The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or where the manufacturer, importer or supplier of the goods has discontinued production or import of the goods, or if it becomes apparent that the buyer has previously breached a contract with the seller. The seller will inform the buyer without delay via the e-mail address stated in the order and will return, within 14 days of the notice of withdrawal from the purchase contract, all funds including delivery costs received from the buyer under the contract, in the same manner or in a manner specified by the buyer.

VII. Rights Arising from Defective Performance

1. The seller warrants to the buyer that the goods are free from defects upon receipt. In particular, the seller warrants to the buyer that at the time the buyer receives the goods:
   • the goods have the characteristics agreed by the parties, and in the absence of such agreement, the characteristics described by the seller or the manufacturer, or those expected by the buyer given the nature of the goods and the advertising carried out by them,
   • the goods are fit for the purpose stated by the seller for their use, or for the purpose for which goods of that type are ordinarily used,
   • the goods correspond in quality or workmanship to the agreed sample or template, if quality or workmanship was determined by reference to an agreed sample or template,
   • the goods are of the appropriate quantity, measure or weight, and
   • the goods comply with the requirements of applicable law.

2. The seller's obligations arising from defective performance shall be at least as extensive as those of the manufacturer. The buyer is otherwise entitled to assert a right in respect of a defect that occurs in consumer goods within twenty-four months of receipt.
3. The provisions set out in the preceding paragraph of the terms and conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed, to wear and tear caused by ordinary use of the goods, to used goods in respect of a defect corresponding to the degree of use or wear the goods had upon receipt by the buyer, or where it follows from the nature of the goods. The right arising from defective performance shall not apply to the buyer if the buyer knew before receiving the goods that the goods had a defect, or if the defect was caused by the buyer.
4. In the event of a defect, the buyer may submit a written complaint to the seller and request:
   • replacement with new goods or replacement of the defective part, if the defect concerns only part of the subject matter of the purchase contract. The buyer shall not have this right if such a request is manifestly disproportionate given the nature of the defect;
   • free repair of the goods or a part thereof, meaning restoration to the condition corresponding to paragraph 1 of this article;
   • a reasonable reduction in the purchase price;
   • supplementation of the subject matter of the purchase contract, if it was not delivered in the appropriate quantity, where it is possible to remedy the defect in this way;
   • withdrawal from the contract, but only in the cases set out in these terms and conditions.

5. The buyer has the right to withdraw from the contract:
   • if the goods have a material defect, thereby constituting a material breach of the contract;
   • if the goods cannot be properly used due to recurring defects after repair (this does not apply where the buyer is a business and it is apparent from the circumstances at the time of concluding the contract that the purchase also relates to their business activities, hereinafter a "business purchase");
   • in the case of a larger number of defects in the goods (this does not apply in the case of a business purchase).

6. A breach of contract is material if the party in breach knew at the time of concluding the contract, or must have known, that the other party would not have concluded the contract had it anticipated such a breach.
7. In the case of a defect constituting an immaterial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to receive a reasonable reduction in the purchase price.
8. If a remediable defect recurs after repair (typically upon a third complaint for the same defect or the fourth for different defects), or if the goods have a larger number of defects (generally at least three defects simultaneously), the buyer has the right to request a reduction in the purchase price, replacement of the goods, or withdrawal from the contract. This paragraph does not apply in the case of a business purchase.
9. When making a complaint, the buyer is obliged to inform the seller of the remedy they have chosen. A change of choice without the seller's consent is only permissible if the buyer requested repair of a defect that proves to be irremediable. If the buyer does not choose their remedy for a material breach of contract in time, they shall have the same rights as in the case of an immaterial breach of contract.
10. If repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, demand a full refund of the purchase price.
11. If the seller demonstrates that the buyer knew of the defect before receipt of the goods or caused it themselves, the seller is not obliged to comply with the buyer's claim.
12. The buyer may not file a complaint about discounted goods on the grounds for which the goods were discounted.
13. The seller will inform the buyer of the outcome of the complaint in writing.
14. The seller is not liable for defects caused by ordinary wear and tear or failure to follow the instructions for use.
15. The right arising from defective performance shall not apply to the buyer if the buyer knew before receiving the goods that the goods had a defect, or if the buyer caused the defect themselves.
16. A condition for asserting rights arising from defective performance is that the buyer asserts such rights with the seller without undue delay after the defect could have been discovered upon timely inspection and sufficient care, even where the buyer is a consumer.
17. In the case of a justified complaint, the buyer is entitled to reimbursement of reasonably incurred costs arising in connection with making the complaint. The buyer may assert this right with the seller within one month of the expiry of the warranty period; otherwise the court may not award it. Costs incurred for an expert opinion or expert assessment obtained without the seller's knowledge and before the buyer was informed by the seller of the outcome of the complaint shall expressly not be considered reasonably incurred costs.
18. If the buyer is not a consumer, the seller has the right to require the buyer to reimburse the reasonably incurred costs of handling an unjustified complaint.
19. The choice of remedy lies with the buyer. However, once the buyer has made a choice of right arising from defective performance, they may not change it without the seller's consent.
20. The rights and obligations of the parties regarding rights arising from defective performance are further governed by Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended (where the buyer is a consumer). Where it is not a business purchase, Sections 2161 to 2174 of the Civil Code shall further apply to the rights and obligations of the parties regarding defective performance.

VIII. Complaints in the Case of a Consumer

1. If the buyer is a consumer, the provisions of this article shall further apply to the purchase contract.
2. Where Article VIII of these terms and conditions refers to the buyer, it applies only to a buyer who has concluded a purchase contract with the seller as a consumer; otherwise Article VIII of these terms and conditions shall not apply.
3. The seller is obliged to accept a complaint at any establishment where acceptance of complaints is possible, or at the registered office or place of business. The seller is obliged to provide the buyer with written confirmation of the date on which the buyer exercised their right, what the complaint contains, what remedy the buyer is requesting, as well as confirmation of the date and manner of handling the complaint, including confirmation of any repair carried out and its duration, or written reasons for rejecting the complaint.
4. The seller or an authorised employee will decide on the complaint immediately, or in complex cases within three business days. This period does not include the time reasonably required for a professional assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be handled without undue delay, and no later than 30 days from the date the complaint was filed, unless the seller and the buyer agree on a longer period. The expiry of this period without resolution shall be considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment the complaint is filed is deemed to be the moment the buyer's expression of will (assertion of rights arising from defective performance) reaches the seller. The moment the complaint is resolved is deemed to be the moment the outcome of the complaints process and any goods subject to the complaint are sent back to the buyer.
5. The period referred to in paragraph 4 shall not run until the buyer submits the goods subject to the complaint for professional assessment of the defect, if the buyer does not hand over the goods for such assessment immediately after filing the complaint, or does not demonstrate that the goods have been sent to the seller for this purpose.
6. Within six months of receipt of the goods, it is presumed that the defect in the goods existed at the time of receipt. However, the buyer is still obliged to prove the existence of the defect if it is disputed between the parties.

IX. Delivery

1. The contracting parties may deliver all written correspondence to each other by electronic mail; such communication shall be considered to be in written form.
2. The buyer delivers correspondence to the seller at the e-mail address stated in these terms and conditions. The seller delivers correspondence to the buyer at the e-mail address stated in the buyer's customer account or in an order placed by e-mail.

X. Protection of Personal Data

1. This information on the processing of personal data is issued in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter "GDPR") and is intended for buyers who provide personal data to the controller for the purpose of performing the subject matter of the purchase contract. 2. The controller of personal data is the seller stated in the header of these terms and conditions. The controller's contact details are:
   • e-mail: michaela.bauerova@bauergroup.cz
   • Purpose of processing personal data, legal basis for processing personal data, scope of personal data processed

3. The controller processes and stores the buyer's personal data:
   • for the purposes of concluding the purchase contract, its subsequent performance (order processing, arranging dispatch and delivery of goods) and any handling of rights arising from defective performance (complaints), in the following scope: first name, surname, address, e-mail and phone number, and where applicable also payment card details including card number, expiry date, card type, CVC code and bank details (hereinafter "personal data"). The legal basis for processing personal data is, in accordance with Article 6(1)(b) GDPR, the performance of the contract to which the buyer is a party. Providing personal data for this purpose is a contractual requirement, and the buyer is therefore obliged to provide the relevant personal data to the controller;
   • because it is necessary for the purposes of the controller's legitimate interests, in the following scope: first name, surname, address, e-mail and phone number, and where applicable also payment card details including card number, expiry date, card type, CVC code and bank details. The legal basis for processing personal data is, in accordance with Article 6(1)(f) GDPR, the necessity for the purposes of the controller's legitimate interests. Providing personal data for this purpose is a contractual requirement, and the buyer is therefore obliged to provide the relevant personal data to the controller.
   • for the purposes of fulfilling obligations imposed by law, in the following scope: first name, surname, address. The legal basis for processing personal data is, in accordance with Article 6(1)(c) GDPR, that it is necessary for compliance with a legal obligation to which the controller is subject. Providing personal data for this purpose is a statutory requirement, and the buyer is therefore obliged to provide the relevant personal data to the controller.
   • for the purposes of offering products and services, for marketing purposes and for sending commercial communications via the provided electronic means (i.e. in particular e-mail address), in the following scope: first name, surname, e-mail. The legal basis for processing personal data is, in accordance with Article 6(1)(a) GDPR, the consent given by the data subject (the buyer) to the processing of their personal data. The buyer provides this personal data on the basis of their voluntary consent and may therefore withdraw their consent to such processing at any time. Withdrawal of consent to the processing of personal data shall not affect the above-mentioned grounds for processing the buyer's personal data, nor the lawfulness of processing prior to the withdrawal of consent.
   • Recipients/categories of recipients of personal data

4. The controller may, to the extent necessary for the performance of its contractual obligations (including the obligation to deliver goods), provide the above personal data to:

⦁ the contracted carrier chosen by the buyer when concluding the contract under these terms and conditions, whereby personal data will be provided in the following scope: first name, surname, billing address, delivery address, e-mail, phone number;

⦁ the payment gateway operator chosen by the buyer when concluding the contract under these terms and conditions, whereby personal data will be provided in the following scope: first name, surname, billing address, delivery address, e-mail, phone number, technical data related to the realisation of the purchase payment;

Data retention period

5. Personal data will be stored by the controller for as long as at least one of the following reasons applies.
6. Personal data will be stored by the controller for the period necessary to fulfil the contract (order processing, dispatch and delivery of goods) and for the duration of the rights arising from defective performance (24 months from receipt of the goods) or for the duration of the quality guarantee, if provided for a longer period.
7. Furthermore, personal data will be processed for the purposes of protecting the controller's legitimate interests in the event of disputes before courts or other bodies, for a period of 4 years from the conclusion of the purchase contract; the above paragraph is not affected thereby.
8. Finally, personal data will be processed for the period required by law, for example:

⦁ pursuant to Section 31 of the Accounting Act (No. 563/1991 Coll.) for a period of 5 years starting from the end of the accounting period to which they relate, in view of the controller's obligation to retain accounting documents and accounting records (invoices);

⦁ pursuant to Section 148 of the Tax Code (No. 280/2009 Coll.) for a period of 4 years starting from the end of the tax period to which they relate (in view of the tax authority's power to assess tax within the period so determined);

⦁ pursuant to Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) for a period of 10 years starting from the end of the tax period to which they relate, in view of the controller's obligation to retain tax documents relating to transactions subject to value added tax.

9. Personal data will also be processed for the duration of the consent to process personal data for the purposes of offering products and services, for marketing purposes and for sending commercial communications, if such consent has been granted by the buyer. The controller will cease processing personal data without delay after the consent expires or if the buyer withdraws their consent to processing. The lawfulness of processing prior to withdrawal of consent is not affected thereby, nor is the lawfulness of processing for other purposes set out in these terms and conditions.

Rights of the data subject

10. The buyer (or the person acting on behalf of the buyer) has the following rights under the GDPR:
    • the right of access to personal data;
    • the right to rectification of inaccurate personal data relating to them;
    • the right to erasure ("right to be forgotten");
    • the right to restriction of processing of personal data;
    • the right to data portability;
    • the right to object to the processing of personal data.

11. The controller will notify the authorised person no later than one month after the exercise of these rights. The authorised person is also entitled to lodge a complaint against the processing of personal data with the competent authority, which is the Office for Personal Data Protection.

XI. Out-of-Court Dispute Resolution

1. For the out-of-court resolution of consumer disputes arising from a purchase contract (i.e. where the buyer is a consumer), the competent body is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer arising from a purchase contract.
2. Out-of-court resolution of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute could not be resolved directly with the seller. The consumer is entitled to submit a proposal to the Czech Trade Inspection Authority no later than 1 year from the date on which they first asserted their disputed right with the seller. A buyer in the position of a consumer is obliged to demonstrate to the Czech Trade Inspection Authority that they were unable to resolve the dispute directly with the seller.
3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
4. The seller is authorised to sell goods on the basis of a trade licence. Trade licence inspections are carried out within the relevant authority's scope of competence by the relevant trade licensing authority. The Czech Trade Inspection Authority supervises, within its defined scope, compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended, among other things.

XII. Final Provisions

1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect the rights of consumers arising from generally binding legislation.
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the seller's website, in particular copyright in the content, including the page layout, photos, videos, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the seller's consent.
4. The seller shall not be liable for errors resulting from interference by third parties with the online store or from its use contrary to its intended purpose. When using the online store, the buyer must not employ any procedures that could have a negative impact on its operation, and must not engage in any activity that could enable them or third parties to interfere with or make unauthorised use of the software or other components of the online store, or to use the online store or any part thereof or its software in a manner contrary to its intended purpose.
5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The seller and the buyer hereby exclude the possibility of a unilateral set-off of the buyer's mutual claims against the seller's claims arising from obligations under the purchase contract and/or the terms and conditions.
7. Where the buyer is not a consumer, the parties hereby exclude the application of Sections 1799 and 1800 of the Civil Code concerning certain clauses in standard-form contracts.
8. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
9. The seller may amend or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
10. An annex to the terms and conditions is the model withdrawal form.

These terms and conditions take effect on 1 October 2020.

ANNEX NO. 1

MODEL WITHDRAWAL FORM FOR CONSUMER CONTRACTS

(Complete and return this form only if you wish to withdraw from the purchase contract, if you concluded it as a consumer).
Notice of withdrawal from the contract – Addressee: BHG Services s.r.o., Company ID: 075 43 573, registered office: Jilská 450/16, Staré Město, 110 00 Prague 1, registered with the Municipal Court in Prague, file reference C 302794

- I/We (*) hereby give notice that I/we (*) withdraw from the contract for the purchase of the following goods (*)/the provision of the following services (*);
- Date of order (*)/date of receipt (*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is submitted in paper form)
- Date

(*) Delete as appropriate or complete the relevant details.

BHG Stroms.r.o., IČ: 073 41 334, DIČ: CZ073 41 334, with registered office: Staroměstské náměstí 460/29, Staré Město, 110 00 Prague 1, registered at the Municipal Court in Prague, file number C 299434, as the Administrator of personal data (from now on referred to as the "Administrator") as a result of this informs you about the processing of personal data on this Website.

You provide us with personal data in the following cases:

• Using the contact form
• Using the registration or inquiry form
• By purchasing goods or services in an online store

The Administrator will process the user's personal data to the extent that you enter them using this contact form (i.e. name, email address and optionally telephone number) to reply to the message you send to the Administrator via the contact form, i.e. due to legitimate interests of the Administrator to ensure that visitors to the Website can contact the Administrator. The Administrator can respond to their message. These legitimate interests of the Administrator are the legal basis for the processing of personal data.

Your personal data may be disclosed to third parties only if it fulfils the legal obligation of the Administrator. Personal data will be stored by the Administrator only for the time necessary to send a reply to your message. The provision of personal data in the range of name and email address is a contractual requirement, and you are obliged to provide this personal data to the Administrator. The contact form cannot be used without giving this personal data. Providing a phone number is voluntary, and you are not required to provide a phone number to the Administrator. In this case, the Administrator will process your message via email.

You have the right to access all your personal data with the Administrator, the right to request the correction, deletion or restriction of personal data processing, and the right to object to the Administrator regarding the processing of personal data. You may also complain with the State Supervisory Authority, the Office for Personal Data Protection.

If this information changes, the Administrator will update this document.

Personal data and e-shop

Purpose of personal data processing, the legal basis of personal data processing, the scope of processed personal data.

The administrator processes and stores the personal data of the buyer

• To conclude the purchase contract, its subsequent performance (order processing, ensuring removal and delivery of goods) and possible settlement of rights from unsatisfactory performance (complaints) in the following scope: name, surname, address, e-mail and telephone number, or data on payment card including card number, expiration date, card type, CVC code and bank details (from now on referred to as "personal data"). The legal basis for the processing of personal data is, by Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party. The provision of personal data for this purpose is a contractual requirement, and the buyer is therefore obliged to provide the personal data to the Administrator;
• because it is necessary for the Administrator's legitimate interests to the following extent: name, surname, address, e-mail and telephone number, or payment card details including card number, expiration date, card type, CVC code and bank details. The legal basis for the processing of personal data is, by Article 6 (1) (a), f) GDPR necessary for the legitimate interests of the Administrator. The provision of personal data for this purpose is a contractual requirement, and the buyer is therefore obliged to provide the personal data to the Administrator.
• To fulfil the obligations stipulated by legal regulations in the scope of name, surname, address. The legal basis for the processing of personal data is, by Article 6 (1) (a), (c) the GDPR, as this is necessary to fulfil the legal obligation to which the Administrator is subject. The provision of personal data for this purpose is a legal requirement, and the buyer is therefore obliged to provide the personal data to the Administrator.
• To offer products and services for marketing purposes and to send commercial communications using communicated electronic means (i.e., an e-mail address) in the scope of name, surname, e-mail. The legal basis for the processing of personal data is, by Article 6 (1) (a), a) GDPR consent granted by the personal data subject (buyer) to the processing of his data. The buyer provides this personal data with his voluntary consent, and for this reason, may withdraw his consent to this processing at any time. Withdrawal of support to the processing of personal data does not affect the above grounds for processing the buyer's personal data, nor the lawfulness of the processing until the revocation of consent.

Recipients / categories of recipients of personal data

In order to fulfill the contractual obligation (including the obligation to deliver the goods), the administrator may, to the extent necessary, provide the above personal data:

• to the contractual carrier chosen by the buyer when negotiating the contract by these terms and conditions, the Administrator will provide personal data in the following scope: name, surname, billing address, delivery address, e-mail, telephone number;
• Payment gateway, which the buyer chooses when negotiating the contract according to these terms and conditions, and personal data will be provided in the following range: name, surname, billing address, shipping address, e-mail, telephone number, technical data related to the payment.

Time of storage of personal data

The Administrator will store personal data for as long as at least one of the following reasons persists.

The Administrator will store personal data for the time necessary to fulfil the contract (order processing, removal and delivery of goods) and for the duration of rights from unsatisfactory performance (24 months from receipt of goods) or quality guarantee if provided longer.

Furthermore, the Administrator will process personal data to protect the Administrator's legitimate interests in disputes before courts or other authorities for four years from the conclusion of the purchase agreement; the above paragraph is not affected.

Finally, the Administrator will process personal data for the period required by law, such as:

• according to the provisions of Section 31 of the Accounting Act (No. 563/1991 Coll.) for five years beginning at the end of the accounting period to which they relate, taking into account the Administrator's obligation to keep accounting documents and accounting records (invoices);
• according to the provisions of Section 148 of the Tax Code (No. 280/2009 Coll.) for four years beginning at the end of the tax period to which they relate (taking into account the power of the tax administrator to assess the tax within such period);
• according to the provisions of Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) for ten years beginning at the end of the tax period to which they relate, taking into account the Administrator's obligation to keep tax documents relating to the transactions from which it is paid value-added tax.

The Administrator will also process personal data for the period of validity of the consent to the processing of personal data to offer products and services for marketing purposes and to send commercial communications if it has been granted to the buyer for these purposes. The controller shall terminate the processing of personal data immediately after the expiry of the consent or if the buyer withdraws the consent to the processing. This does not affect the lawfulness of the processing before the revocation of consent, nor the legality of processing for other purposes specified in these terms and conditions.

Rights of the data subject

The buyer (or the person acting on behalf of the buyer has the right according to GDPR:

• to access personal data;
• to correct inaccurate personal data concerning him;
• for erasure ("right to be forgotten");
• to limit the processing of personal data;
• on data portability;
• object to the processing of personal data.

The Administrator shall notify the authorized person no later than one month after exercising these rights. The authorized person is also entitled to complain about the processing of personal data with the competent authority, which is the Office for Personal Data Protection.