General Terms and Conditions

General Terms and Conditions

of the company Kolons Praha s.r.o

with its registered office at C. de Federica Montseny, Leganés, Madrid, 28914

email: support@smarttechpeak.com

Phone: +34 780 410 996

for the sale of goods through the online store located at the Internet address www.licenceglobe.com

INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company Praha Kolos s.r.o, with its registered office at T.G.Masaryka 179, Libáň 507 23, identification number: 04359038, VAT number: CZ7906083438, registered in the Commercial Register kept at the Regional Court in Hradec Králové, Section C, Insert 35695 (hereinafter referred to as the “Seller”), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on a website located at the Internet address (hereinafter referred to as the “Website”), through the Website interface (hereinafter referred to as the “Web Store Interface”).

1.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal entity or a person who is acting in the course of their business or professional activity when ordering goods.

1.3 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. The deviating provisions of the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drafted in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5 The Seller may amend or supplement the wording of 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.

User Account

2.1 Based on the Buyer’s registration on the Website, the Buyer can access their user interface. If the Web Store Interface allows it, the Buyer can also order goods without registration directly from the Web Store Interface.

2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.

2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their user account.

2.4 The Buyer is not authorized to allow third parties to use the user account.

2.5 The Seller may cancel the user account, especially if the Buyer does not use their user account for a long time or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

2.6 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of the hardware and software equipment of third parties.

Conclusion of the Purchase Contract

3.1 All presentations of goods placed in the Web Store Interface are informative, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code do not apply.

3.2 The Web Store Interface contains information about the goods, including the prices of individual items. The prices of the goods include value-added tax and all related charges. The prices of the goods remain valid as long as they are displayed in the Web Store Interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.

3.3 The Web Store Interface also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods provided in the Web Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer must fill out the order form in the Web Store Interface. The order form contains, in particular, information about:

• 3.4.1. the ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart of the Web Store Interface),
• 3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
• 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

3.5 Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, including the ability of the Buyer to detect and correct any errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “SUBMIT ORDER” button. The data provided in the Order are considered correct by the Seller.

3.6 Sending the Order is considered an act of the Buyer that unequivocally identifies the ordered goods, the purchase price, the person of the Buyer, the method of payment of the purchase price, and is a binding proposal for the conclusion of the Purchase Contract for the contracting parties. The validity of the Order is conditioned by the completion of all mandatory information in the order form, familiarization with these Terms and Conditions on the website, and confirmation of the Buyer that they have read these Terms and Conditions.

3.7 Immediately after receiving the Order, the Seller will confirm receipt to the Buyer by email to the Buyer’s email address specified in the user interface or in the Order (hereinafter referred to as the “Buyer’s email address”).

3.8 Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller always has the right to request additional confirmation of the Order from the Buyer (for example, in writing or by phone).

3.9 The draft Purchase Contract in the form of an Order is valid for fifteen days.

3.10 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer’s email address.

3.11 In the event that any of the requirements specified in the Order cannot be fulfilled by the Seller, the Seller will send the Buyer an offer modified to the Buyer’s email address, stating the possible variants of the Order and requesting the Buyer’s opinion.

3.12 The modified offer is considered a new draft Purchase Contract, and in such case, the Purchase Contract is concluded by the Buyer’s acceptance by email.

3.13 The Buyer agrees to the use of remote communication means for the conclusion of the Purchase Contract. The costs incurred by the Buyer for the use of remote communication means in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls) are borne by the Buyer, and these costs do not differ from the basic rate.

Price of Goods and Payment Terms

4.1 The Buyer may pay the Seller the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract in the following ways:

• 4.1.1. cashless through a payment system;
• 4.1.2. by cashless payment card;

4.2 Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3 The Seller does not require the Buyer to pay any deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days from the conclusion of the Purchase Contract.

4.5 In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6 The Seller is entitled, especially in the event that there is no additional confirmation of the Order by the Buyer (Article 3.6), to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.

4.7 Discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8 If it is customary in the course of business or if stipulated by generally binding legal regulations, the Seller will issue a tax document – invoice to the Buyer regarding payments made under the Purchase Contract. The Seller is a VAT payer. The tax document – invoice will be issued by the Seller to the Buyer after the payment of the price of the goods and sent in electronic form to the Buyer’s email address.

Withdrawal from the Purchase Contract

5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the delivery of goods that have been modified according to the wishes of the Buyer or for the Buyer, from a purchase contract for the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the delivery of goods in a sealed package that the Buyer has removed from the package and cannot be returned for hygienic reasons, and from a purchase contract for the delivery of an audio or video recording or computer program if the original packaging has been damaged.

5.2 Unless it is a case referred to in Article 5.1 or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days from the receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, with the proviso that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is attached to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract to the address of the Seller’s business premises or to the Seller’s email address support@smarttechpeak.com.

5.3 In the event of withdrawal from the Purchase Contract under Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by usual postal route due to their nature.

5.4 In the event of withdrawal from the Purchase Contract under Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract in the same way that the Seller received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer when returning the goods to the Buyer or in another way if the Buyer agrees and does not incur additional costs. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.

5.5 The Seller is entitled to unilaterally set off the claim for compensation for damages to the goods against the Buyer’s claim for a refund of the purchase price.

5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time, until the Buyer takes delivery of the goods. In such a case, the Seller will return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.

5.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such a gift ceases to be effective and the Buyer is obliged to return the provided gift together with the goods to the Seller.

Transport and Delivery of Goods

6.1 In the event that the mode of transport is agreed upon based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2 If the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, according to the Purchase Contract, the Buyer is obliged to take delivery of the goods upon delivery.

6.3 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

6.4 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of finding a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer does not have to take delivery of the shipment from the carrier.

6.5 Other rights and obligations of the parties in the transport of goods may be governed by the Seller’s special delivery terms, if issued by the Seller.

Rights from Defective Performance

7.1 The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer for ensuring that at the time the Buyer took delivery of the goods:

• 7.2.1. the goods have the properties that the parties have agreed upon, and if there is no such agreement, the goods have the properties that the Seller or manufacturer described or that the Buyer expected with regard to the nature of the goods and based on the advertising conducted by them,
• 7.2.2. the goods are suitable for the purpose that the Seller states for their use or for which goods of this kind are usually used,
• 7.2.3. the goods are in the appropriate quantity, measure, or weight, and
• 7.2.4. the goods comply with the requirements of legal regulations.

7.3 The provisions set out in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if it results from the nature of the goods.

7.4 If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5 Rights from defective performance are exercised by the Buyer at the Seller’s business premises where the acceptance of the complaint is possible with regard to the assortment of the goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer is considered the moment of exercising the right from defective performance.

7.6 Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.

Other Rights and Obligations of the Contracting Parties

8.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2 The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Section 1826(1)(e) of the Civil Code.

8.3 Consumer complaints are handled by the Seller through the electronic address support@smarttechpeak.com. The Seller will send information on the handling of the Buyer’s complaint to the Buyer’s email address.

8.4 The Seller is authorized to sell goods based on a trade license. Trade control is carried out by the relevant trade office within the scope of its competence. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5 The Buyer hereby assumes the risk of changing circumstances in accordance with Section 1765(2) of the Civil Code.

Privacy Policy

9.1 Its obligation to inform the Buyer within the meaning of Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) related to the processing of the Buyer’s personal data for the purposes of fulfilling the Purchase Contract, for the purposes of negotiating the Purchase Contract, and for the purposes of fulfilling the Seller’s public law obligations, the Seller fulfills through a special document.

Sending Commercial Messages and Storing Cookies

10.1 The Buyer agrees to the sending of information related to the Seller’s goods, services, or business to the Buyer’s email address and further agrees to the sending of commercial communications by the Seller to the Buyer’s email address.

10.2 The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the Purchase Contract without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent according to the previous sentence at any time.

Delivery

11.1 Notices regarding the relationship between the Seller and the Buyer, particularly regarding the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter unless otherwise specified in the Purchase Contract. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of their delivery by post, with the exception of a notice of withdrawal made by the Buyer, where withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.

11.2 A notice is also considered delivered if its receipt was refused by the addressee, it was not picked up during the storage period, or it was returned as undeliverable.

11.3 The contracting parties may deliver regular correspondence to each other via email, to the email address specified in the Buyer’s user account or specified by the Buyer in the Order, and to the email address listed on the Seller’s website.

Final Provisions

12.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4 The annex to the Terms and Conditions is a sample form for withdrawal from the Purchase Contract.