Terms and Conditions
Business conditions of CO2 offset s.r.o. valid for the online sale of electronic motorway stamps
IČ: 17077630, with registered office: Jičínská 226/17, Žižkov (Praha 3), 130 00 Praha(hereinafter referred to as
"Registered office"), registered at the Registry Court C 365793/MSPH kept at the Municipal Court in Prague, Czech republic.
1. Scope and validity
1.1.
These business conditions (hereinafter referred to as OP) apply to contractual relations
arising between CO2 offset s.r.o. (hereinafter referred to as the “Supplier”)
and third parties (hereinafter referred to as the "Client") in the performance of business
activities of the Supplier, consisting in vehicle registration and payment
electronic motorway tolls (hereinafter referred to as "e-marks") applicable to the territory
The Czech Republic, Slovakia, Hungary and Austria, or other countries, on
on the basis of an order contract according to § 2430-2444 of Act. No. 89/2012 Coll. (hereinafter referred to as
"Contract"). The Contract also means a binding order of the Client confirmed
Supplier.
1.2.
Unless otherwise stipulated in the individual points of the concluded Contract, it applies to
agreed business cases between the Supplier and the Customer listed below
conditions. By sending an online order or paying an invoice for the ordered or
already delivered e-stamps, resp. by sending an order confirmation from the Supplier,
Both the Customer and the Supplier consider these OPs to be an integral part of the concluded order
contracts and agrees with them.
2. Subject of performance
2.1.
The subject of performance (hereinafter referred to as "Delivery") are electronic motorways
stamps; their type and place of application are specified in the Contract concluded
between the Supplier and the Customer, or confirmed in the Client's order
Supplier.
2.2.
The Supplier undertakes to use all available knowledge of the
that the Delivery fulfills the agreed function in full.
2.3.
The Supplier of the Order may entrust the delivery to another person, if from the Contract
nothing else follows.
2.4.
The Supplier undertakes to perform the Delivery at its own risk at the time agreed in
Contract, otherwise within a reasonable time taking into account the nature of the order. Customer
undertakes to co-operate in the agreed manner, the Delivery in accordance with the Contract
take over and pay the agreed price for it.
2.5.
The supplier is not liable for damages arising from incorrectly communicated data or. of
other data not communicated by the Customer, which are for the proper implementation of the Delivery
necessarily.
2.6.
If the Delivery is prepared on the basis of documentary documents provided
By the Customer, the Supplier shall not be liable for any deviation of the Order from
on the basis of such documents provided by the actual needs of the Client.
2.7.
Due to its professional competence, the supplier is obliged to notify
The Client for inappropriate and incomplete information concerning the subject of the Order
provided by the Customer, if the Supplier could find out this unsuitability during
exercise of professional care, within a period without undue delay from the conclusion of the Contract.
3. Price and payment terms
3.1.
The price of the Delivery is based on the valid price list of the Supplier on its website
pages. The price of a foreign e-stamp is determined by conversion to CZK in accordance with
applicable internal exchange rate of the corresponding currency. Delivery price includes
handling fee of the Supplier.
3.2.
The Supplier has the right to demand composition from the Customer when paying by transfer
advances against the issued advance invoice, up to the total value
orders.
3.3.
The deposit is payable to the account on an oral or agreed date
Suppliers. In the event of non-compliance with the agreed payment terms, the Supplier
reserves the right to postpone the agreed delivery date, or not to deliver the Delivery
or remove part of the Delivery to the extent of the outstanding payment.
3.4.
The Supplier is obliged to issue a final invoice for the realized Delivery
to be performed within 7 days of the delivery, unless the parties agree otherwise.
3.5.
Payments for the performed performance, including advance payments, will be made by the customer
cashless transfer, payment card or cash deposit to the account
Supplier according to the Supplier's instructions. Payment of the price of the Delivery is considered
made by crediting the relevant amount to the bank account of the Supplier.
3.6.
In the event of a change in the VAT rate, the Supplier has the right to change the total price in accordance
with adjustment made.
4. Delivery
4.1.
The Supplier is obliged to hand over the Delivery to the Customer in the scope and quality
agreed in the Contract, in the place or manner agreed in the Contract, however
only in the event that the Customer has no outstanding obligations to the Supplier after
maturity, including from other contractual relationships.
4.2.
The Client undertakes to enable the Supplier to properly fulfill the obligation under the Contract
by taking over the Delivery in electronic form.
4.3.
In the case of ordering electronic highway stamps, it is considered handed over
The delivery is considered as sending a confirmation of vehicle registration in the system
operator of electronic motorway stamps by the Supplier by e-mail
The customer specified in the order.
4.4.
We process the tax stamp order within 24 hours at the latest. Confirmation that the motorway toll is active will arrive in the confirmation email within 24 hours.
5. Transfer of the risk of damage to the subject of the Delivery a
ownership of the thing
5.1.
The risk of damage to the Delivery passes to the Customer at the time it is taken over
Delivery from the Supplier, or if he does not do so in time, at the time when the Supplier
allows the Delivery to be handled and the Customer breaches the contract by making the Delivery
does not take over.
6. Complaints, claims for defects
6.1.
Unless otherwise agreed, defects in the Delivery must be claimed without undue delay
postponement after their discovery and in case of full payment of the Order
By the customer. Complaints are always made in writing with delivery to an email address [email protected].
6.2.
Complaints cannot be made for cases caused by sending incorrect data
By the Client or a third party and in cases caused by unavoidable events
(force majeure).
6. Complaints cannot be made for
cases where the goods have been modified according to the wishes of the consumer or for his person
(eg marking the beginning of the validity of the time coupon or the completed registration number of the vehicle).
7. Refusal of delivery
7.1.
In the event that the Supplier does not hand over the Delivery to the Customer within the agreed term,
the Customer has the right to reject the Delivery.
7.2.
In the event of the Customer's delay in paying the invoices issued by the Supplier
the Customer is obliged to pay the Supplier a contractual penalty in the amount of 0.1% of the outstanding amount
amounts for each day of delay.
8. Withdrawal from the contract
8.1.
The Client is entitled to withdraw from the Contract or its part in the case
material breach of the Supplier's obligations arising from the Contract. Essential
breach of the Supplier's obligation is considered to be, in particular, its delay in delivery
Deliveries by more than 1 working day after crediting the payment to the Supplier's account, without
this fact would occur as a result of the Client 's delay or force majeure, and
The Supplier shall not deliver the performance to the Customer even within a reasonable period of time provided to him
By the customer.
8.2.
The supplier is entitled to withdraw from the contract if the customer is in arrears
with the payment of its obligations to the Supplier.
8.3.
Withdrawal from the Contract must always be made in writing with delivery to the address
the other Contracting Party. Withdrawal from the Contract does not affect the obligation of the Client
to compensate the Supplier for the damage and the contractual penalty according to Article 7 of the OP.
8.4.
Upon termination of the contract, the parties are obliged to settle their
obligations within 30 days of withdrawal from the contract.
8.5.
Withdrawal from the contract does not apply to cases under Act No. 89/2012 Coll.
(Civil Code), §1837 par. d) on the supply of goods which have been adjusted in accordance with
wishes of the consumer or for his person (eg marking the beginning of validity
time coupon or completed vehicle registration number).
9. Force majeure
9.1.
If the delay in the performance of the Supplier or the Customer is caused by influences
exclusion of liability (eg partial or total collapse of the electronic
communication networks, faults and malfunctions preventing registration in the system
toll operators, as well as natural disasters such as floods, fires,
earthquakes, landslides, etc., or a political event such as a strike,
coup, terrorist attack, war, etc.), and if this delay is entirely caused
influences excluding liability (hereinafter referred to as Force Majeure), is not the party to the contract
for Force Majeure violated for the duration of Force Majeure in delay in the performance of its
commitment.
9.2.
In the event of force majeure, the party who, for this reason, finds himself in
delay, must inform the other party of the existence of force majeure, namely
without undue delay, but no later than 3 days from the time of
the existence of this intervention. If he does not fulfill this obligation, he is considered,
as if she had not been struck by Force Majeure.
9.3.
If the existence of force majeure is notified in the manner specified above
paragraph, the period of performance for which the affected party is extended shall be extended
force majeure lasted.
9.4.
If the Force Majeure does not disappear for more than 15 days, any of the
parties to withdraw from the contract without penalty.
10. Other arrangements
10.1.
In the event that any provision of these OPs or any provision
Contracts of which these OPs are a part will be found invalid or
unenforceable, it shall not affect the validity or enforceability of the remaining provisions
OP in the Contracts of which these OP are a part.
10.2.
Unless otherwise provided in a particular Contract, it shall be deemed to be in the case of
non - delivery of a document or refusal to accept a document a document as delivered 3.
the day from dispatch, when delivered via the postal holder
license, courier and in person. When delivered by e-mail, the document
considers it delivered by sending it to an e-mail address. The documents are
they send to the addresses specified in the specific contracts, or to other addresses
communicated to the other party.
10.3.
According to Act No. 216/1994 Coll. agreed to all their disputes
arising from contracts that are governed by these OPs, or are in connection with them will be
decided in arbitration proceedings (“RŘ”) with final effect at the Arbitration Court
at HK ČR and AK ČR according to its Rules and Rules by the judge Mgr. Milan Polák,
registered in the list of arbitrators of the Arbitration Court at the HK CR and AK CR. If the parties
the agreed arbitrator refuses to decide or will not be able to decide will
to decide the only arbitrator appointed by the chairman of the Arbitration Court at the HK CR and AK
CR.
10.4. Out-of-court settlement of disputes The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 00020869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract.
The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz as a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online). The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
These OPs come into force and effect on 11.5.2021
11. Protection of personal data
11.1.
According to §11 paragraph 1 of Act 101/2000 Coll. o "Privacy" will not
The Supplier shall further process the personal data provided by the Customer by filling in and
by sending the order to the Supplier. The Supplier undertakes to provide the personal information provided in this way
not to provide the data to third parties other than those involved in
fulfillment of the Supplier 's obligations arising from this contract (Czech Post, mail order and
courier companies, e-stamp registrars, etc.).
11.2.
The supplier may start processing and using the data provided in this way at any time
for their own needs, such as sending commercial messages or offering trade, and
services.
11.3.
In case of disagreement with the storage, or processing of personal data must be
this disagreement is always expressed in writing with delivery to the address of the Supplier.