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The following arrangements are the valid General Contractual Terms for Operation of FORPSI services (hereinafter the "General Terms") for the use of all of the services that a Provider offers to its Customers, and they apply to all business relationships between the Provider and each of its Customers established based on an agreement entered into pursuant to Article II. hereof and are issued in accordance with the provisions of Section 1752 of Act No. 89/2013 Coll., the Civil Code (hereinafter referred to as “NOZ”), as amended.
The term "Contracting Party" in the singular and "Contracting Parties" in the plural as used herein refers to any of the companies associated under the FORPSI brand as Providers (hereinafter "Providers") and Orderer(s) of services (hereinafter "Customer(s)"). The Contracting Parties are further specified below.
Both parties are entitled to withdraw from this Agreement at any time for any of the reasons specified herein or by law. The reasons for withdrawal from this Agreement are specified in the General Terms, in related documents and in the other terms valid for this contractual relationship.
Both parties have the right to terminate this contract but only for reasons referred to in law or in the Contract. Reasons for termination of this Contract are listed in the General terms and conditions of service operations of FORPSI, in related documents, and other contractual conditions applicable to this contractual relationship.
The list of services can be changed based on the Provider's current offer.
The Provider proceeds, so that the data subject did not suffer any harm, in particular related to the right to human dignity, ensure protection against unauthorized intrusion into the private and personal life of the data subject. Personal information provided voluntarily by the Customer to the Provider for the purposes of fulfilling the order and the seller's marketing events, are collected, processed and stored in accordance with the applicable legislative of the Czech Republic, in particular, with the law No. 110/2019Coll., on personal data protection, as amended, and in accordance with European Regulation 2016/679 (GDPR). The customer gives his consent to the collection and processing of personal data for the purposes of satisfying the subject of the purchase contract and use for marketing purposes by the Customer (especially for sending commercial communications, telemarketing, SMS), until a written statement disagreeing with such processing is sent to the address INTERNET CZ, a.s., Ktiš 2, 384 03 Ktiš. Electronic form shall be considered a written statement in this case as well. The buyer has the right of access to their personal data and to correct them, including the right to request clarification and to delete impacted state and other legal rights to the data and has the right to withdraw this consent
Force majeure events include particularly circumstances that are not dependent on the will of the parties and which the parties could not even have influenced, such as natural disasters, labour strikes, uprising, mobilisation, war, unexpected electric power outages not caused by the participants, etc.
1. The Provider shall disclose the following information to the Customer, who is the Consumer in accordance with the provisions of § 1811 paragraph 2 and § 1820 paragraph 1:
In case of withdrawal, the Consumer shall bear the costs associated with returning the goods, and the cost for the return of the goods, in case of a contract concluded by means of distance communication, if such goods, because of their nature, cannot be returned by regular postal service;
2. The Provider hereby announces that in all the cases, when, under this agreement, the digital content is not delivered a tangible medium, before the deadline for withdrawal from the contract, the Customer does not have the right to withdraw from this agreement, if he agrees with delivery before the deadline for withdrawal.
3. The Provider is responsible to the customer for defects of the delivered services consisting in particular in the fact that the service has not been delivered in the ordered content or extent.
The Customer is entitled to exercise the right resulting from the unsatisfactory performance of the Provider without undue delay and shall have the right to request:
Upon notification of the defect or without undue delay after notification of defect, the Customer shall notify the Provider which procedure he has chosen. The Customer is not entitled to change the selected option without the consent of the Provider; this does not apply if he demands a repair of a defect that turns out to be unrepairable. If the Provider fails to remove the defects within a reasonable time, or if he notifies the Customer that the defect will not be removed, instead of removing the defect, the Customer may require a reasonable price discount or withdraw from the contract.
If the customer does not choose any of the above procedures in time, he has the rights referred to in (c).
Until the Customer applies the right to a price discount or withdraws from the contract, the Provider may deliver what is missing, or remove the legal defect. The Provider may remove other defects at his option by repairing the object of delivering a new one; the choice shall not cause the customer unreasonable costs.
If the Provider does not remove the defect in time, or if he refuses to remove the defect, the Customer may demand a price discount or withdraw from the contract. The selected option may not be changed by the Customer without the consent of the Provider.
Until the defect is removed, the Customer does not have to pay a part of the price corresponding to his estimated right to a discount.
The Customer is not entitled to the right arising from an unsatisfactory performance, if he caused the defect himself.
Upon the Customer’s request, the Provider shall confirm in writing, to what extent and for what period of time his obligations are due in the event of unsatisfactory performance. Such confirmation shall contain the Provider’s name, registered office and identifying information, any additional information necessary to prove his identity, where appropriate.
The rights arising from defects shall apply to the Provider, in writing, at: INTERNET CZ, a. s., registered office Ktiš 2, 384 03 Ktiš, Company Ident. Nr. 26043319, or on the Provider’s email: firstname.lastname@example.org, and in particular by describing the defect or the way how the defect manifests itself. If the Customer exercises the right arising from unsatisfactory performance, the Seller shall confirm in writing, when the right was exercised, as well as the repair and its duration.
4. Lodging complaints
a) Method how to register a complaint
b) The method and time limits for the processing complaints
1. The right of withdrawal
2. The consequences of withdrawal
3. If the Consumer withdraws from the contract concluded with the Provider (the object of which is the provision of services), and the Provider started with the performance on the basis of the Consumer’s express request before the deadline for withdrawal, the Customer shall pay the Provider a proportion of the agreed price for the service provided as of the time of withdrawal. If the agreed price is unreasonably high, the Consumer shall pay the Provider a proportion of the price corresponding to the market value of the provided performance.
The Customer expressly requests the Provider to start with the provision of services according to the concluded Contract before the expiry of the 14 day withdrawal period, and further agrees and acknowledges that, according to the contract, if the digital content is delivered not on a tangible medium before the expiry of the period for withdrawal, he has no right to withdraw from the contract.
In case of a breach of the General terms and conditions and the consumer protection rules, the provisions of these Terms and Conditions apply to the Consumer’s Customer, as well as legal provisions, which are more favorable to the Consumer and that serve in his favor.
These General Terms are valid and effective as of 1st June, 2019 and replace all hitherto contracts, terms, contractual terms and contractual arrangements. This Agreement and General Terms apply to all services provided by the Provider.