Terms & Conditions
The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the law of the Slovak Republic. In the event that the contracting party is a consumer, the legal relations not governed by these Terms and Conditions shall be governed by Act No. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Coll. on Consumer Protection, as amended, Act no. 108/2000 Coll. on Consumer Protection at Home and Mail Order, as amended. If the contracting party is an entrepreneur, the legal relations not governed by these Terms and Conditions shall be governed by Act No. 513/1991 Coll. Commercial Code, as amended.
1.1 In these Terms and Conditions.
1.1.1 "CZ-FIN" means a computer program - an Internet application that is available on the Internet via an Internet address www.cz-fin.com, whose main function is to display, select and order and provide services to Users;
1.1.2. "Consumer contract" means a Purchase Contract if the parties are, on the one hand, the supplier and, on the other hand, the consumer;
1.1.3 "Seller" (supplier) means a person who, in concluding and performing a consumer contract, is acting within the scope of his commercial or other business activity. It is the trader who offers or sells products or services to the consumer and also the trader who, directly or through other businesses, supplies the buyer with a product;
1.1.4. "Consumer" (Buyer) means a person who purchases products or uses services for his personal use or for members of his household and who, when concluding and performing a consumer contract, does not act within the scope of his commercial or other business activity;
1.1.5. A non-consumer buyer is a person who, in concluding and performing a sales contract, acts in the course of his commercial or other business activity;
1.1.6 Conclusion of the purchase contract - the buyer's order is a proposal for the conclusion of the purchase contract. The purchase contract itself is concluded at the moment of delivery of binding consent of the seller to the draft purchase contract to the buyer, i. binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the sales contract;
1.1.8 "Civil Code" means Act No. 40/1964 Coll., Civil Code, as amended;
1.1.9 "Operator" means Scholtz & Company, jsa, IČO: 51 882 272, with its registered office at Švabinského 21, Bratislava - Petržalka 851 01. Contact information: Email email@example.com, Phone: +420 776 082 012
1.1.10 "Access data" means a unique login name and a password associated with it entered by the User in the Database upon registration;
1.1.11 "Registration" means the electronic registration of the User to the database by filling in at least the obligatory registration data in the user interface of the E-shop and Access Data and then storing them in the database;
1.1.12 "User" means any legal or natural person using the E-shop;
1.1.13 "User Account" means the part of the E-shop that is established by each Registration for each User (ie it is unique for each User) and made accessible after entering the Access Data;
1.1.14 "Service" means the service offered by the Operator for sale to the User via the website and, if offered, the license to use the service;
1.1.14 "Goods" means the goods offered by the Operator for sale to the User via the Website and, if offered for the Goods, the license to use the Goods;
2 Contract Making Process
2.1 The Operator offers the User the conclusion of the Purchase Contract via the Website. The offer to conclude the Purchase Agreement by the Operator is to display a button labeled "Create a new license" in the website user interface.
2.2 For the unconditional acceptance of the Provider's offer for the conclusion of the Purchase Contract pursuant to para. 2.1 of these Terms and Conditions by the User is considered a click on the button labeled "Create a new license" or another language variant or more detailed description.
2.3. 2.2 of these Terms and Conditions is a Purchase Agreement.
2.4 The Agreement is concluded at the moment when the electronic information about the clicking on the button "Create a new license" will be delivered to the user via the Internet to the server where the website is installed.
2.5 The User undertakes to fill in the correct text fields in the user interface with truthful and complete data, in particular truthfully fill in his email address, identification data or other data. The User acknowledges that the Operator will reasonably consider the entered data as correct and complete and is not obliged or authorized to check the entered data.
2.6 The Operator may or may not send the User an e-mail about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the E-shop user environment.
3 Purchase Agreement
3.1 By concluding the Purchase Agreement, the following provisions become effective:
3.1.1 The User purchases from the Operator the Service selected by the User in the user environment and the User undertakes to pay the Operator the price for such Service in the price list.
3.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment of payment for the Service for any reason or without giving any reason. The Operator's legal action consisting in notifying the User that the Service ordered by the User cannot be delivered shall also be deemed a withdrawal from the Purchase Contract.
3.1.3 The Operator is entitled to ask the User for additional confirmation of the order at any time and is entitled to delay the provision of the Service until the User receives the order confirmation.
3.1.4 The method of packing the Goods in case of ordering the goods is determined solely by the Operator.
3.1.5 The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified in the given order in the user interface of the website.
3.1.6 The User has the right to choose from the options displayed to the User in the user interface of the website the method of payment of the purchase price for the Service and, if applicable, other cash payments to the Operator.
3.1.7 If any form of payment contains information on the cost of making such a payment, the User shall bear the cost of making the payment, which is specified for the payment in the user environment.
3.1.8 In the case of cashless payment by bank transfer, the User is obliged to provide a variable and specific symbol specified by the Operator.
3.1.9 In the case of a non-cash payment, the User's obligation to pay the purchase price is met when the relevant amount is credited to the bank account specified by the Operator.
3.1.9 In the case of a non-cash payment, the User's obligation to pay the purchase price is met when the relevant amount is credited to the bank account specified by the Operator.
3.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on Goods may not be combined unless otherwise specified for a specific discount.
3.1.11 The Purchase Price for the Goods does not include any payments, fees or other remuneration that the User must incur for services rendered by third parties in connection with the payment of the Purchase Price for the Goods; these costs are solely the costs of the User.
3.1.12 The Operator reserves the right of ownership of the Service, which is the subject of the Purchase Agreement, until the User has paid the purchase price for the service in question.
3.1.13 The Operator undertakes to deliver the Service to the User within a reasonable period of time from the conclusion of the Purchase Contract. All time limits for delivery of the Service specified in the user interface are for guidance only.
3.1.14 The Provider shall send the User a tax document - invoice in electronic form upon request - to the User's email address entered in the User Environment for the given order.
3.1.15 If the Operator together with the Goods is a gift to the User, the donation agreement between the User and the Operator is concluded with the termination condition that if the withdrawal from the Purchase Agreement occurs, the given donation agreement is canceled without further and the User is obliged to return the provided gift together with the purchased goods to the Provider.
3.1.16 The Operator provides the User with a warranty on the purchased Goods if the warranty period is given for the Goods in the user environment for the period of the said warranty period, and this warranty applies only to Consumers.
3.1.17 The User is entitled to exercise rights from defective performance at the Operator's address and / or operation. The moment when the Operator receives the claimed Goods from the User shall be considered as the moment of claim.
3.1.18 If it is stated within the E-shop user environment of the Goods that it is used, the User buys the Goods in the used state, including the defects of this Goods.
3.1.19 The risk of loss, damage and / or destruction of the Goods subject to the Purchase Agreement shall pass to the User who is the Consumer at the moment of acceptance of the goods by the User.
3.1.20 The risk of loss, damage and / or destruction of the Goods subject to the Contract shall pass to the User who is not a Consumer at the moment of handing over the goods to the first carrier.
3.1.21 The operator is not responsible for the service offered. The Buyer declares that they have read the Service Specifications prior to purchase and fully agree to them.
3.1.22 An integral part of these terms and conditions is the Price List, and a description of each service applied to each license. This document and description is available at https://www.cz-fin.com/Pricnic
4 User Account
4.1 The User has the right to open a User Account through the Registration.
4.2 The User is obliged to enter the Access Data before entering the User Account.
4.3 The User identification data entered in the Registration shall be deemed to have been entered in the order of each Goods or Service made to the User after logging into his User Account.
4.4 The User may not provide the Third Party with Access Data or any other access to the User Account. The user is obliged to take all reasonable precautions to keep it secret. The User is fully responsible for the unauthorized use of these access data or the User Account and for any damage caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User shall notify the Operator without undue delay. The Operator shall provide the User with new access data within a reasonable period of time.
4.5 The Operator is entitled to unilaterally change these Terms and Conditions; it shall notify the User of the change via the website and / or by e-mail to the User's e-mail address entered in the database. The User has the right to refuse to change the Terms and Conditions within 7 days from the first login to the User Account after notification of the change in the Terms and Conditions or after delivery of the given email message to the User's mailbox (in case of delivery by email). days, which the Parties agree to be sufficient to obtain similar services from another supplier.
5 Consumer Information
5.1 The consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several second Goods or delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the Seller) within the period specified in this paragraph.
5.2 If the Consumer withdraws from the Purchase Agreement, it is obliged to notify in writing its bank account number for the refund of the purchase price for the Goods, which may be reduced if legal reasons are met.
5.3 If the Consumer withdraws from the Purchase Agreement in respect of the Goods returning to the Operator damaged and / or worn out, especially if the original markings of the Goods are removed (ie signs, stickers, etc.), the Consumer is obliged to reimburse the Operator for the state.
5.4 If the Consumer withdraws from the Purchase Agreement, the Operator is obliged to return the purchase price to the Consumer without undue delay, at the latest within 14 days of being informed of the Consumer's decision to withdraw from the Purchase Agreement.
5.5 If the Consumer has received the Goods consisting of movable goods under the Purchase Agreement, it is obliged to send it back to the Operator or hand it over to the Operator or registered office without undue delay, no later than 14 days from the date of withdrawal from the Purchase Agreement. operator. The time limit shall be deemed to be maintained even if the movable goods are sent to the Operator no later than the last day of the above mentioned time limit.
5.6 The Consumer shall be liable to the Operator for impairment of the Goods as a result of handling such goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
5.8 The operator uses the possibility of extrajudicial resolution of consumer complaints. In the event of a complaint, Consumers may contact the relevant operator of the Operator free of charge via the email address firstname.lastname@example.org.
6 Complaints Procedure
6.1 The Provider shall be liable to the Consumer that the Goods or Service are free from defects upon receipt. This shall not apply if the subject of the Purchase Contract is goods with defects, which are the Operator, if they are known to them or, having regard to all circumstances, should be known, to notify the Consumer.
6.2 If the Goods contain defects, the Consumer has the right to demand the delivery of a new Goods without defects unless this is disproportionate due to the nature of the defect, or if the subject of the Purchase Contract was the Goods with defects identified by the Operator, taking into account all the circumstances should be known, he informed the consumer. If the defect concerns only a part of the Goods, the Consumer may only require replacement of that part of the Goods; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right to deliver a new Goods or to replace a part of the Goods even in the case of a removable defect, unless the Goods can be properly used for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer fails to withdraw from the Purchase Agreement or does not exercise the right to deliver a new Goods free of defects or to replace its parts or to repair the Goods, it may request a reasonable discount on the price of the Goods. The Consumer is entitled to a reasonable discount from the price of the Goods even if the Operator cannot supply new Goods without defects, replace its component or repair the Goods, or if the Operator fails to remedy the goods within a reasonable time or if remedy would cause the Consumer considerable difficulty.
6.5 The Consumer is not entitled to defective performance if the Consumer knew before the Goods were received that the Goods were defective or if the Consumer caused the defect itself.
6.6 The Liability of the Operator for defects of the Goods does not apply to the wear and tear of the Goods caused by its normal use, for the Goods sold at a lower purchase price for the defect for which the lower purchase price was agreed; has been taken over by the Consumer or if this is due to the nature of the Goods.
6.7 If the Goods are warranted, the Consumer has the right to claim liability for defective performance within the warranty period.
6.8 At the request of the Consumer, the Operator shall provide the Consumer with a warranty certificate. If the nature of the Goods permits, it is sufficient to issue to the Consumer a proof of purchase of the Goods, containing the particulars which must be included in the Guarantee Certificate, instead of the Warranty Certificate.
6.9 In the event that the Consumer exercises its right to remedy the defects of the Goods by repair thereof, in the case of a Goods where the Entrepreneur is different from the Operator whose registered office or place of business is in the same place as the Operator or place for the consumer closer, the consumer will exercise the right to a warranty repair with this entrepreneur.
6.10 Claims for the Goods or Services, including the removal of defects in the Goods, must be handled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer shall have the same rights as if it were a material breach of the Contract.
6.11 The time limit for handling a complaint does not apply if the Operator has not received all the necessary documents from the Consumer for processing the given complaint until such documents are delivered.
6.12 After proper handling of the complaint, the Operator or the entity designated by it shall invite the Consumer to take over the repaired Goods.
6.13 The right to assert rights arising from defects in the Goods shall be extinguished in the event of unprofessional installation or unprofessional commissioning of the Goods, as well as in the case of unprofessional handling thereof; especially when using the Goods under conditions that do not match the parameters listed in the Goods documentation.
7 Alternative Dispute Resolution
7.1 The Customer - Consumer - has the right to contact the Seller - the Seller with a request for correction by e-mail to email@example.com if he is not satisfied with the way the Seller settled his complaint or if he thinks the Seller violated his rights. If the Seller refuses to respond to this request or fails to respond within 30 days of its dispatch, the Consumer has the right to file an alternative dispute resolution entity (ADR entity) pursuant to Act 391/2015 Coll. ADR entities are bodies and authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The Consumer may submit a petition in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll.
7.2 Alternative dispute resolution can only be used by a Consumer - a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution only concerns a dispute between the Consumer and the Seller arising out of or relating to a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for initiating an ADR up to a maximum of EUR 5 with VAT.
7.3 Disputes between the Operator and the other party that is a legal entity shall be settled as a matter of priority by the "Stock Exchange Arbitration Court at the Bratislava Commodity Exchange" 264/2005 / O000401.
8.1 When processing personal data of natural persons The controller proceeds according to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (hereinafter 'GDPR') and Law No. 18/2018 Coll. on the protection of personal data and on amendments to certain laws.
9.1 The Operator hereby informs the User that he / she is processing the User's cookies, including persistent cookies, and the User expresses his / her consent.
9.2 The consent under the preceding paragraph is granted for a period of 5 years after the last use of the service.
9.3 The Operator processes User cookies to personalize content and ads, to use social media features and to analyze traffic. Operator Information on how the User uses the E-shop is shared with his social media, advertising and analytics partners.
10 Using the website
10.1 The Operator hereby grants the User a non-exclusive license to use the Website in the manner foreseen by these Terms and Conditions.
10.2 The operator has the right to change the website, ie its technical solution and / or user interface.
10.3 The operator has the right to limit or interrupt the functionality of the website.
10.4 The user is obliged to observe the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. Any damage that the Operator or third parties would breach this obligation of the User shall be fully compensated by the User.
10.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to terminate the User Account. In the event of a breach of these Terms and Conditions by a third party, the Operator shall be entitled to compensation of EUR 1,000,000 (EUR million) for each year of breach.
10.6 The Operator agrees to the downloading and processing of data from the Website solely for persons who have purchased a license to use such data and / or Collected Data Processors.
10.7 The acquired data processor is exclusively Google and Microsoft
11 Operator Statements
11.1 The operator declares that the data records on the website, such as the electronic system, are reliable and systematic and protected against change.
11.2 Due to a technical error on the website, the purchase price may be displayed for the Goods or Services, the amount of which does not correspond to the usual price for such Goods or Services on the market; in such a case, the Operator is not obliged to deliver the Goods or Service at the displayed purchase price, contact the User and notify him of the actual purchase price of the Goods or Service and the User has the right to decide whether to accept the Goods or Service at the actual purchase price and the Purchase Agreement is canceled from the beginning.
11.3 The User acknowledges that the photographs of the Goods or Services on the Website may be illustrated or distorting as a result of their being displayed in the User's technical means, therefore the User is always obliged to read the entire description of the Goods and in case of doubt, contact the Operator.
11.4 Contact details of the Operator for communication with the User are given in the user interface of the website in the Contact section
11.5 The operator is not the intellectual owner of foreign sources, in particular media monitoring reports. The intellectual property of the texts remains with the author of the work, and the Operator treats the text solely as text from the public Internet
11.6 The operator is not the intellectual owner of the original datasets, especially those from the state administration. The intellectual property of the original datasets remains with the author of the work, and the Operator treats this resource solely as text from the public Internet
11.7 The operator may process other public data from the Internet and combine it with other sources. The intellectual property of the original work remains the property of the source. The operator shall include a link to the data source if available.
12 Right of withdrawal
12.1 The Buyer is entitled to withdraw from the Purchase Contract without giving any reason in accordance with the provisions of § 7 et seq. Act no. 102/2014 Z.z. on Consumer Protection in Distance Selling (hereinafter referred to as the "Consumer Protection Act in Distance Selling") within 14 days of receipt of goods, respectively. from the date of conclusion of the contract for the provision of the service or of the contract on the provision of electronic content not delivered on a tangible medium, if the Seller fulfilled the information obligations in accordance with the provisions of Art. Section 3 of the Consumer Protection Act
12.2 The Buyer has the right to unpack and test the goods within the time limit after receipt of the goods in a manner similar to the usual way of purchasing in a classic "stone" shop, to the extent necessary to detect defects, properties and functionality of the goods.
12.3 The Buyer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods within 14 days from the date of withdrawal. This does not apply if the Seller proposes to collect the goods in person or through a person authorized by him. The period referred to in the first sentence shall be deemed to be maintained if the goods were handed over for carriage no later than the last day of the period.
12.4 It is not possible to withdraw from the contract in the case of goods enclosed in a protective packaging which is not suitable for health or hygiene reasons and whose protective packaging has been damaged after delivery.
12.5 If the Buyer has already taken over the ordered goods, he is obliged to return it in the original undamaged package. In the event that the Buyer returns the ordered goods damaged, partially consumed respectively. in a condition that does not correspond to the condition in which it was sent by the Seller, it acknowledges that the Seller is entitled to settle such damage, which the Seller is obliged to prove, from the amount paid by the Buyer for the ordered goods.
12.6 The Buyer is also obliged to state in the withdrawal from the contract the contact details and account number, to which the amount to be paid for the goods ordered by the Seller.The Seller is obliged without undue delay, no later than 14 days from the date of receipt of notice of withdrawal from the contract to return to the buyer all payments received from him under or in connection with the contract. The Seller shall not be obliged to return such payments to the Buyer before the goods are delivered to him or until the Buyer proves the return of the goods to the Seller, unless the Seller proposes to collect the goods in person or through a person authorized by him.
12.7 If the Buyer withdraws from the Purchase Agreement, it shall be canceled from the beginning as well as any supplementary agreement related to the Purchase Agreement from which the Buyer withdraws. The Buyer may not be required to pay any costs or other payments related to the cancellation of the ancillary contract except for the payment of the costs and payments referred to in Art. § 9 par. 3, ust. § 10 par. 3 and 5 of the Consumer Protection Act for distance selling and the price of the service if the contract is for the provision of a service and the service has been fully provided.
12.8 The Buyer shall bear the cost of returning the goods to the Seller or a person authorized by the Seller to take over the goods. This shall not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 par. 1, par. i) of the Consumer Protection Act
12.9 The Buyer shall only be liable for any diminution in the value of the goods resulting from the handling of the Goods beyond the treatment necessary to ascertain the characteristics and functionality of the Goods. The Consumer shall not be liable for any reduction in the value of the Goods if the Seller has not complied with the information duty on the Consumer's right to withdraw from the contract pursuant to § 3 para. 1, par. h) Consumer Protection Act Distance Selling.
12.10 In the event that the Buyer withdraws from the contract and delivers to the Seller the Goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller the value by which the value of the Goods has been reduced in accordance with the provisions of Art. § 457 of the Civil Code in actual amount and costs incurred by the Seller in connection with the repair of the Goods and their restoration, calculated according to the price list for (after) warranty service of the Goods. The Buyer is obliged to pay the Seller compensation within the amount of the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Purchase Contract.
12.11 The Buyer has the right to withdraw from the purchase contract concluded for the use of the Service. In this case, the Operator has the possibility to claim damages in the amount of 30% of the purchase price plus an aliquot amount from the time of using the license. For the remaining price, the Operator shall issue a credit note to the Buyer and pay it within 30 days of the withdrawal request.
13 Final Provisions
13.1 Relationships not regulated by these Business and Complaint Conditions are subject to the relevant provisions of the Civil Code of the Slovak Republic, Act no. 22/2004 Coll. on e-commerce and on amendment of Act no. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and Act no. 102/2014 Z.z. on the protection of consumers in distance selling.
13.2 The supervisory authority is the Slovak Trade Inspection.
13.3 The Consumer shall have the option of contacting an ADR body which is (albeit non-binding) competent to consider any disputes between the Consumer as a Customer and the Operator.
13.4 These Terms and Conditions shall enter into force against the Buyer upon conclusion of the Purchase Agreement.
13.5 If any part of these Terms and Conditions is grammatically or legally incorrect, the text that is closest to the context of these Terms and Conditions shall apply.
14 Governing Law
14.1 These Terms and Conditions and the Purchase Agreement are governed by the laws of the Slovak Republic.
15.1 These Terms and Conditions are valid and effective as of 18.10.2019