General Terms & Conditions for Sellers
General Terms & Conditions for Sellers
These general terms and conditions for the provision of services apply to the presentation of offers of goods and services and the provision of other operator services through the www.ebonza.eu web interface operated by the company
with registered office at Křižovnická 86/6, Staré Město, 110 00 Praha 1, Czech Republic
Identification number (IČ): 06570798
Tax number (DIČ): CZ06570798
registered: in the Commercial Register maintained with the Municipal Court in Prague, section C, file 284550
delivery address: Křižovnická 86/6, Staré Město, 110 00 Praha 1
contact e-mail: email@example.com
1. INTRODUCTORY PROVISIONS
1.1. Further, some of the parameters defined below are used in these terms and conditions:
- price list includes the price of individual subscription plans with a description of discounts on premium services and presentation of goods, and further, the price of premium services. The price list may be divided up into multiple documents;
- purchaser is a natural or legal person that shows interest in the goods or services of the seller being offered through the web interface, or a person that enters into a purchase or other agreement with the seller;
- Civil Code is understood to mean Act No. 89/2012 Coll., the Civil Code, as amended;
- terms and conditions are these General Terms and Conditions for the provision of services;
- content is understood to mean primarily all materials and information posted by the seller in connection with the use of the service on the operator’s web interface, primarily by posting a presentation;
- payment account is understood to mean a payment account designated as a merchant account, maintained with the payment services provider on the basis of an agreement on the provision of payment services. The payment services provider and the seller have access to such an account;
- provider of payment services is the company Stripe Payments Europe, Limited (hereinafter the "Stripe”, registered in Ireland, company number IE513174. Registered Office: The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, Stripe VAT Number: IE 3206488LH, website: https://stripe.com/en-sk/;
- premium services are understood to mean services consisting of the more favorable displaying of the presentation on the web interface and other services that the operator is currently offering according to the web interface;
- a presentation is an offering of a seller’s goods or services on the web interface conducted primarily through text, photographs or in another manner that the web interface and operator allow. A presentation can be created by way of the technical set-up of the user account;
- seller is every legal entity or a natural person acting as a business operator that offers its good or services through the web interface in accordance with these terms and conditions;
- operator of the web interface (hereinafter the "operator”) is the company eBonza s.r.o., with registered office at Křižovnická 86/6, Staré Město, 110 00 Praha 1, identification number (IČ): 06570798, tax number (DIČ): CZ06570798, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 284550;
- subscription period is understood to mean a period of time during which the operator is obligated to provide the seller with specific services within the scope of the subscription plan or a period for the provision of premium services;
- operator’s services (or just "services ") are understood to mean all of the functions of the web interface that the operator provides for the seller; these include primarily the provision of a part of the web interface to the seller for the purpose of offering its goods or services. The operator’s services are also understood to mean premium services, unless the terms and conditions provide otherwise;
- agreement is any agreement on the provision of services entered into between the operator and the seller according to these terms and conditions;
- consumer is understood to mean a person who, outside of the scope of their business activity or outside of the scope of the independent performance of their profession, enters into an agreement with a business operator or otherwise deals with a business operator;
- the third party is any entity distinct from the operator and seller;
- user account is the seller’s virtual account on the web interface. The terms and conditions set out the rules for establishing an account, its utilization, administration, termination, and other rules and procedures pertaining to the seller’s user account;
- use of the service is understood to mean all of the seller’s activities on the web interface, primarily the posting of a presentation and utilizing premium services;
- the web interface is the interface located at the address www.ebonza.eu;
- the intermediated agreement is understood to mean a purchase or other agreement entered into through the web interface between the seller and the purchaser.
1.2. The terms and conditions define and specify the basic rights and obligations of the operator under the agreement. The terms and conditions further set out the rules for entering presentations and utilizing all functional parts of the web interface by the seller.
1.3. The provisions of the terms and conditions are an integral part of the contractual relations between the operator and the seller. Provisions differing from the terms and conditions can be stipulated in the agreement. Differing provisions in the agreement shall prevail over the provisions of the terms and conditions.
1.4. Further, the rights and obligations of the parties shall be governed by the terms and instructions specified on the web interface, including the price list. In matters not regulated herein, the relations between the operator and the seller shall be governed by the legal regulations, primarily by the Civil Code.
1.5. The seller acknowledges that if he receives a purchase order from the buyer of his goods or services published on the web interface, via the web interface, the purchaser subsequently enters into a purchase (or other) agreement directly with the seller. The seller is therefore liable for the fulfillment of all of the seller’s obligations in regard to the purchaser (primarily for the proper handover of the item and enabling the purchaser to acquire the ownership rights to the item, or the provision of a service). Further, the seller is also liable for the fulfilment of a business operator’s obligations in regard to a consumer, i.e. primarily the provision of information according to Art. 1811 and 1820 of the Civil Code (whether on its user account, within the presentation itself, or in another manner prior to entering into an agreement with a consumer). The seller is also obligated to issue the purchaser with a tax document (including information from the purchaser’s order), in accordance with the legal regulations of the state in which the seller's business registered office is located.
1.6. The operator does not enter into legal relations between the seller and the purchaser and is not liable for proper performance by the seller in regard to the purchaser, and is not liable for the content, quality, origin, delivery of goods or the content and quality of a provided service.
1.7. In the course of registration and further, also, by confirming within the web interface, the seller affirms that it has acquainted itself with these terms and conditions and agrees to them.
2. Registration and Subscription Plans
2.1. In order to utilize all of the functions of the web interface, primarily in order to post presentations and to have the option of ordering premium services, it is necessary for the seller to be registered on the web interface. Registration can be done through the web interface. The seller is obligated to fill all of the required information into the registration form, primarily including business name (or name and surname), registered office, identification number of the company (or similar information if the seller’s registered office is outside of the Czech Republic), VAT number, if the vendor is domiciled in an EU member state (or other similar data)as well as the seller’s contact details (delivery address if different from the address of the registered office, email and telephone). The seller will receive the login details by email in accordance with the technical settings of the web interface. Additionally, it is necessary to have or create the Stripe payment account and connect Stripe payment account to seller's user account on the web interface.
2.2. For access to the user account, an email address, or a user name, and a password are necessary. The seller is obligated to keep the user account access details confidential. The operator does not bear any liability for any misuse of a user account by a third party.
2.3. The information submitted when registering must be true and complete. The operator can terminate, without compensation, an account that was established through the use of false or incomplete data. In the event of changes in data, it is necessary to make immediate modifications of the same within the seller’s user account. If, as a result of false information, damage occurs to the operator, the seller is obliged to pay this damage in full to the operator.
2.4. In some reason the operator has the right to ask the seller to prove the ownership of seller's business or company. The seller is obligated to submit documents evidencing the truth of the entered data, primarily an extract from the trade licensing or commercial register, or another similar registry. Documents must be sent by email or post to operator on request. The seller acknowledges that if it fails to submit the relevant documents, the operator has the right to refuse registration.
2.5. The operator has the right to terminate the seller’s user account without compensation if, through such account, breaches are occurring of good morals, valid legal regulations of the Czech Republic or these terms and conditions.
2.6. During Registration process, the seller shall select a subscription plan. Individual subscription plans comprise a scope of services provided by the operator, primarily the greatest possible number of goods or services that the seller is entitled to offer through the web interface, the number of images that can be posted for individual products, fees, commissions and discounted prices for premium services, and other information. A closer specification of the individual subscription plans including their price and duration of the subscription period is set out on the web interface.
2.7. Services (with the exception of premium services and banner promotions) within the scope of the basic subscription plans /Basic Plan, HandMade/ are provided free of charge (excluding of paying commissions, transaction fees, or other payments related to the buyer's payment for goods or services) and are not limited by a subscription period as far as the duration is concerned. In such a case, the seller is obligated to comply with these terms and conditions as well. Services within the scope of other subscription plans are provided for payment, for a specified subscription period in each case.
2.8. Subscription plans can be changed in the course of the provision of services. A change can be made at any time. If a subscription plan is changed to a cheaper subscription plan, the operator will not refund the remaining proportional part of the price of the subscription plan back to the seller.
3. Agreement on Provision of Services
3.1. The agreement is entered into as of the moment when the operator confirms to the seller the acceptance of the registration form with its approval, of which the seller will receive a notification email. If the operator decides to confirm the registration form, it shall generally do so within 10 days of the receipt of the form. The operator is not obligated to confirm the receipt of the registration form. In such a case, it shall contact the seller with a rejection.
3.2. A change in the subscription plan brings about a change in the agreement. A change in the agreement is effective as of the date of the confirmation of a request for a change in the subscription plan by the operator.
3.3. In order for an agreement to be entered into between the operator and the seller, it is necessary for the seller to enter into an agreement with the payment services provider, have a payment account established with such a provider and connected it to the seller's user account established with eBonza web interface. The contractual relationship between the seller and the payment services provider, primarily including the relationship pertaining to the payment account, is governed by the Stripe Services Agreement, which is available here. The seller is obligated to abide by such rules.
3.4. An agreement between the seller and the payment services provider shall not be entered into if the seller’s registered office is in a country that the payment services provider considers high-risk or does not provide the services.
3.5. The payment services provider is entitled to require the seller to submit documents corresponding to the scope set out in the Stripe Services Agreement. The Seller acknowledges that, while the seller's Stripe payment account is not connected to seller's eBonza user account, he will not be able to sell products through the web interface and the seller's user account will be deactivated and not visible on the web interface. When the seller's Stripe payment account will be connected to seller's user account, the seller's user account status will be changed to active.
3.6. If an Stripe Services Agreement or any similar payment agreement between seller and payment services provider is not entered into between the seller and the payment services provider, an agreement between the operator and the seller shall not be created. If in such a case, any performance has been provided to the operator or to the seller by the other contracting party, the operator or the seller shall return such performance to the other contracting party.
If the seller's Stripe payment account is not connected to seller's user account on the web interface and it is not activated as stated in the previous article within 1 week of the conclusion of the contract between the seller and the operator, the operator is entitled to terminate the contract.
3.7. The seller is obligated to ensure that, for the entire duration of the contractual relationship between it and the operator, it has an existing agreement with the payment services provider according to the Article 3.3 of the terms and conditions. Otherwise, the operator has the right to suspend the provision of services until the elimination of the faulty situation, or it has the right to withdraw from the agreement.
3.8. An agreement on premium services is entered into as of the moment when the price of such premium services is paid.
4. Payment Terms
4.1. Operator’s Commission
4.1.1. On the basis of an agreement on the provision of payment services with the payment services provider according to Article 3.3 of the terms and conditions, a payment account in the relevant currency will be set up for the seller with the payment services provider.
4.1.2. The monetary funds that the seller receives for its goods or services from the purchaser shall be deposited directly on the seller's Stripe payment accounts established with Stripe company to which only the seller and the payment services provider have access. The seller hereby authorizes the operator to take receipt of payments for goods or services from purchasers by way of the technical account of the payment services provider. The seller is obligated to confirm on its user account that the goods were duly delivered to the purchaser and to enter the consignment number into the user account. The operator reserves the right to retain received payments for goods or services from purchasers, in justified cases, for a period of 40 days from receipt of the goods by the purchaser, or for a period of 40 days from the date of purchase if the goods are not delivered according to the agreed conditions.
4.1.3. No later than within 15 working days (with the exception as stated in the previous article) of the confirmation of the seller according to Article 4.1.2. of the terms and conditions, the monetary funds, after deduction of the operator’s commission and transaction fees for the payment being made, will be transferred from the technical account to the seller’s payment account on the basis of the seller’s withdrawal request. The operator shall also be entitled to the commission even if the agreement between the seller and the purchaser is subsequently cancelled.
4.1.4. The seller is informed of the status of the payment account by way of its payment user account with payment service provider. All the fees for transferred funds from purchaser to seller's Stripe payment accounts are paid by the seller. The seller is informed of the state of the payment account by way of its user account in the "Accounting” section. The seller is entitled to submit, through such section, an instruction for the transfer of monetary funds from the payment account to its bank account. The operator is entitled to refuse such transfer on the grounds that the seller will have outstanding obligations in regard to a specific purchaser or the operator, primarily if the seller fails to deliver purchased goods to a purchaser, or on grounds of withdrawal from the agreement by the purchaser, or outstanding payment for subscription plan. Monetary funds cannot be paid out to the seller in cash. The transfer of funds from the payment account to the seller's bank account may be subject to transfer fees, according to the applicable bank's price list. These fees are paid by the seller. The Seller is required to check the bank information (especially their bank account number) necessary for the transfer from the payment to the Seller's bank account. The operator is not responsible for incorrectly entered data. The operator is not responsible for incorrectly entered data or any failed payment transaction.
4.1.6. The seller is obligated to have a positive balance on the payment account in the sum of at least EUR 15. If after the transfer of funds from the payment account to the seller’s bank account the balance falls below such threshold, the operator is entitled to refuse the transfer according to Article 4.1.4 of the terms and conditions. In the event of and prior to the termination of the payment account, the seller is entitled to request that the operator pay out the above amount. The operator shall pay out such amount after setting off all of the operator’s claims in regard to the seller.
4.1.6. The seller acknowledges that when transferring funds from the payment account to the seller’s bank account, the payment services provider may charge additional transaction or other costs (primarily as a fee for currency transfer, the fee for money transfer and other). The amount of such fees is specified in the payment service provider's agreement. The seller is required to check and know the amount of these fees prior to any transaction. If the operator is incurring costs as a result of the seller's transaction, the seller is obliged to pay the full costs in the full amount immediately after each transaction back to the operator.
4.1.7. If as a result of withdrawal from the agreement between the seller and the purchaser their contractual relationship is terminated, the monetary funds will be transferred from the seller's payment account with the payment services provider back to the purchaser’s account. In such a case, the seller is not entitled to a refund of the fees for the transfer of monetary funds and in that case the operator has the right to ask the payment of such payment and transaction fees incurred with seller’s transactions and the seller is obliged to pay the full amount of such fees back to the operator. If the refunds occur, the seller is obliged to pay the full costs of the refunds and all the fees (commission and transaction fees)connected with such payment transaction to the operator.
4.1.8. The amount of the operator’s commission fees are specified in the subscription plan price list. The operator is entitled to unilaterally change the amount of the commission fees. The operator informs the seller of such change through its user account no later than 14 days prior to the planned change. All subscription services ordered to date by the seller will be provided for the original price. In the case of new service orders, the new price shall apply.
4.1.9. The operator shall send the seller an invoice containing a statement of the commission for the preceding month in accordance with the technical set-up of the user account (in Czech crowns, if the seller is a person with registered office in the Czech Republic and an account established on the Czech version of the website ebonza.cz, or in euros if the seller is a person with registered office outside of the Czech Republic, or with registered office in the Czech Republic and an account established on an international version of the web interface ebonza.eu, i.e. in the relevant currency of the web interface on which the seller is registered). Such invoice shall be sent no later than by each 15th day of the month following after the month in which the payment of the relevant commission occurred. The invoice is issued in electronic form and sent to the seller’s email. If the seller’s registered office is in the Czech Republic, the invoice will include the relevant rate of VAT for the invoiced services. The maturity of these invoices is 14 days. In the event of a delay in the payment of a commission, the seller is obliged to pay the operator interest on late payment of 0.1% of the outstanding amount.
4.1.10. The seller is obliged to pay all fees for transactions of funds that arise as a result of the transfer of funds in connection with a contract concluded between the seller and the buyer. If, as a result of the breach of this obligation, damage occurs to the operator, the seller is obliged to replace it in its entirety. At the same time, the Operator is entitled in this case to terminate without compensation with the Seller the cooperation, especially to put on hold the Seller’s user account.
4.2. Subscription Plan Fees
4.2.1. The price of subscription plans is always paid as a one-time sum in advance for the following subscription period. The duration of the subscription period and the price of subscription plans is specified on the web interface within the seller’s user account.
4.2.2. The price may be paid by non-cash transfer by way of the Stripe payment gateway.
4.2.3. Any other payment methods are shown on the web interface.
4.2.4. If the price is paid by way of the payment gateway, the price is due for payment immediately after the order is submitted. In such a case, the seller’s obligation is fulfilled as of the amount being credited to the operator’s account established by the payment services provider. An invoice is issued in electronic form and is sent to the seller’s email.
4.3. Payment of Premium Services
4.3.1. The price for premium services is always paid in advance for the designated time period as specified on the web interface. The price of premium services is specified on the web interface.
4.3.2. The price may be paid in the same manners as in the case of the payment of the subscription fee for subscription plans.
5. Conditions of Presentation and Provision of Services
5.1. Presentations can be posted on the web interface through the seller’s user account. The operator will create the user account no later than within 14 days of the agreement being entered into. The scope of the presentation is limited by the selected subscription plan.
5.2. In the presentation, the seller must provide true and complete information pertaining to the offered goods, including good quality photographs that pertain to the offered goods or services.
5.3. The seller creates presentations in the language that corresponds to the language version of the web interface, and otherwise only in the English language if for the international version of the web interface. Presentations must only be created within the sections that they fall under in view of the nature of the offered goods or services and must be created in a serious and definite manner.
5.4. The seller is not entitled to offer the following through the web interface:
- used goods;
- goods whose very nature infringes upon third party rights, primarily including industrial rights or copyrights;
- alcohol, cigarettes, narcotics or other similar goods;
- goods or services with a sexual or erotic subtext;
- escort services;
- weapons and ammunition;
- gold, silver, platinum and other precious metals in the form of investment metals (this does not apply to precious metals that are a component of jewellery, or of other similar goods);
- pharmaceutical products;
- copies, forgeries and fakes;
- services relating to multilevel marketing and operating systems or the unauthorized reproduction, lending, renting or sale of objects of intellectual property rights.
5.5. The seller is not entitled to post content on the web interface (primarily images, texts, photographs) that:
- depicts violence or incites hatred on grounds of gender, race, skin colour, language, faith, or religious, political or other belief, national or social origin, belonging to a certain nationality or ethnic group;
- may constitute behavior abusing or restricting economic competition that is capable of causing harm to other entities, primarily in the form of misleading advertising, false representation of goods or services, causing risk of confusion, free-riding on reputation, trivializing, prohibited comparative advertising, or other similar behavior;
- infringes upon the copyrights and intellectual property rights of the operator or of third parties;
- contains contact information for another person or data that may be considered to be personal data if such person has not granted consent to such;
- contains false or distorted information regarding the seller’s goods or services being offered;
- bothers other users of the web interface or prevents them from duly utilizing the operator’s services;
- contains vulgarity or other expressions whose meaning is in violation of the general principles of decency and ethics;
- calls for the violation of legal regulations or endorses such violation;
- is capable of endangering the moral development of children and youth or their physical or psychological development;
- is capable of endangering the operation of the web interface or places undue burden on the web interface;
- promotes other goods or services than the goods or services in regard to which a rating or comment is being posted;
- contains an unreasonable number of punctuation marks, asterisks and similar characters; or
- violates these terms and conditions, valid legal regulations of the Czech Republic or the principles of morality in another manner.
5.6. The operator reserves the right to remove content that is in violation of Article 5.5 of the terms and conditions from the web interface without compensation. At the same time, the operator is entitled to remove the seller’s presentations if such presentations relate to goods or services mentioned in Article 5.4 of the terms and conditions. The assessment of whether the content is in violation of the said provisions is entirely up to the operator’s discretion. The operator is also entitled to remove presentations that are in violation of Articles 5.2 and 5.3 of the terms and conditions.
5.7. The seller declares and is liable to ensure that:
- it is the owner of the items that are the object of the presentations, or that it is authorized by the owner to sell the goods;
- it is authorized to sell the goods or provide the services that are the object of the presentation (primarily in view of the statutory regulation under the legal regulations applicable at the place of sale of goods or at the place of provision of services);
- it fulfils the conditions of legal regulations and these terms and conditions necessary for registration and posting presentations;
- when using the services, it abides by the valid legal regulations and these terms and conditions;
- it is aware of the fact that it can, as a result of the suspension of or a change in the provision of the service, temporarily or permanently lose access to the content of the web interface.
5.8. The seller declares and is liable to ensure that it is the holder of licenses to texts, photographs, illustrations and other materials that comprise the content of a presentation. If the seller is not the holder of a relevant license, it must secure the consent of the author to processing.
5.9. If any of the representations in Article 5.7 are shown to be untrue, or if the seller breaches its obligation under Articles 5.3, 5.4, 5.5 or 5.6, and, in connection therewith, any performance is exacted from the operator by a third party, the operator is entitled to subsequently recover the costs that it incurs in connection therewith from the seller, including costs of legal representation. The seller further undertakes to compensate the operator for all losses, costs, expenses, claims, proceedings or demands raised against the operator due to infringement of third party intellectual property rights by the seller.
5.10. The web interface enables third parties (primarily including purchasers) to contact the seller directly. The seller undertakes that in communicating with purchasers, it shall not behave in such a manner that could harm the good name of the operator and of the services provided by it. In the event of a breach of the obligation under the previous sentence, the operator is entitled to require from the seller compensation of damage that it has thus incurred, as well as entitled to terminate cooperation with the seller. The seller processes messages that it receives from the purchaser without undue delay, no later than within 48 hours of the moment when it receives a message from the purchaser. Through the web interface, the seller is not entitled to agree with the sale of goods or the provision of services outside of the web interface.
5.11. The seller resolves any withdrawal from the contract or the complaint through the web interface within 14 days of being marked as delivered on the web interface. Subsequent communication between the seller and the buyer takes place outside the web interface.
5.12. The operator is entitled to monitor mutual communications between the seller and the purchaser.
5.13. If the operator receives a review from a purchaser in regard to the seller’s goods or services, it is entitled to publish such review on the web interface in a section intended for such purpose. The operator reserves the right to adjust the review in such a way so that it may be published on the web interface. The operator is also entitled to use such a review for marketing purposes.
5.14. If entering into an agreement with a purchaser, the seller is obligated to proceed in accordance with the legal regulations of the Czech Republic, or with the legal regulations of the state in which the seller’s registered office is located, or in which the purchaser is located (if the purchaser is a consumer and such legislation is more favorable for the consumer). Primarily, the seller has an obligation to provide the purchaser with the necessary information prior to entering into the agreement, and, after entering into the agreement with the purchaser, to hand over the goods or to provide the services having the quality that the seller and the purchaser have agreed upon. Unless agreed otherwise between the seller and the purchaser, the seller dispatches the goods within 3 business days , or commences the provision of services within such deadline.
5.15. When selling goods or providing services, the seller undertakes to respect the rules set out in the General Terms and Conditions and in the Complaint Rules in regard to the purchaser. The seller is entitled to create its own special terms and conditions differing from the rules set out in the General Terms and Conditions, or in the Complaint Rules, but in such case it is always obligated to ensure that a minimum level of consumer protection is achieved as set out in the General Terms and Conditions and the Complaint Rules, or the protection set out by the legal regulations of the state in which the purchaser’s place of residence is located if the purchaser is a consumer.
5.16. The seller is obligated to handle any grievances and complaints from the purchaser regarding defects of delivered goods or provided services in accordance with the operator’s Complaint Rules, or in accordance with the valid legislation of the Czech Republic or the legislation valid and effective at the place of the purchaser’s permanent residence if such legislation is more favorable for the purchaser.
5.17. If complaints on goods or services, or withdrawal from the agreement on the part of the purchaser, are asserted with the operator (including goods being sent for settlement of a complaint, or for the purpose of withdrawal from the agreement), the operator will forward such complaint or withdrawal to the seller. At the same time, the operator will forward the goods under complaint, or the goods in regard to which the purchaser withdrew from the agreement , to the seller. The operator is entitled to charge the seller for the reasonably expended costs of such forwarding and the seller is obliged to pay these costs without undue delay, but no later than 14 days after the operator send a notification to the seller about such costs.
5.18. The seller is obligated to inform the purchaser of the receipt of an order and of it being sent, as well as of all other information that could be relevant for the purchaser in view of the order (primarily including information on the state of the order). The seller informs the purchaser through its user account or through contact details stated in the purchase order.
5.19. The terms for the provision of premium services shall be governed by the information and instructions that are always specified for the specific premium service on the web interface. The operator begins providing premium services without undue delay when the seller provides it with the necessary documents and information, if such documents and information are required, and otherwise without undue delay upon the payment of the price for such premium services.
5.20. The seller undertakes that it shall, upon any change pertaining to information contained in a presentation (primarily the terms of the sale being presented), carry out a modification of the presentation, or remove it.
5.21. The seller uses the web interface at its own risk. The operator is not liable for any direct or indirect damage or harm, including loss of stored data, resulting from the use or inability to use the web interface. If despite the above, the operator’s obligation to provide compensation of damage or harm were to be established, such obligation is limited only to the amount of the price of the services in regard to which damage occurred.
5.22. The operator does not bear any liability for errors arisen as a result of interference by third parties into the web interface or as a result of its use in conflict with its purpose.
5.23. The operator reserves the right to suspend the provision of services and access to the web interface due to technical outages, updating the web interface or server maintenance. In such a case, the operator is not liable for any inability to use the web interface. The operator is authorized to change the individual features of the web interface.
5.24. Under no circumstances is the operator responsible for indirect damage such as economic loss, loss of customers or damage to the reputation or brand of the seller that may arise in connection with the operator’s services. The operator is not liable for damage to the seller due to force majeure that the operator could not reverse. These include, in particular, power outages, fire or floods, armed conflict, civil unrest or any other similar circumstance that prevents the operator from properly providing services.
6. Processing of Purchasers’ Personal Data
6.1. The operator and the seller act, in regard to the purchaser, as joint personal data controllers. For the purpose of fulfilling the intermediated agreement, the seller has access to the purchaser’s personal data consisting of the name, surname, permanent residence address (or delivery address), phone number or email.
6.2. The seller undertakes to process purchasers’ personal data set out in Article 6.1. of the terms and conditions exclusively for the purpose of fulfilling the intermediated agreement.
6.3. The seller is obligated to process the personal data mentioned in Article 6.1. of the terms and conditions exclusively through the web interface. The seller cannot process, publish, disseminate or store purchasers’ personal data outside of the web interface, with the exception of the processing of personal data for the purpose of the fulfilment of the agreement with the purchaser (for example, issuing an invoice or sending goods).
6.4. The seller is obligated to comply with all legal regulations in the area of personal data protection, according to the legal regulations of the Czech Republic, the European Union, or other law systems that apply to the regulation of legal relations between the seller and the purchaser. The seller is primarily obligated to secure the full protection of personal data against the misuse thereof.
6.5. Information obligations, as well as the assertion of rights in connection with purchasers’ personal data, are procured by the operator.
6.6. If a purchaser contacts the seller with a request for the exercise of the purchaser’s rights in connection with the purchaser’s personal data, the seller is obligated to pass such a request on to the operator without undue delay, and the operator shall handle it.
6.7. If the seller breaches any of its obligations under this Article 6 of the terms and conditions, and, in connection therewith, any performance is exacted from the operator by a third party, the operator is entitled to subsequently recover compensation of damage and the costs that it incurs in connection therewith from the seller, including costs of legal representation.
7.1. The seller’s rights under liability for defects are governed by the valid legal regulations (primarily the provisions of Art. 1914 to 1925 of the Civil Code).
7.2. The seller is entitled to submit a complaint on provided services only if such services do not correspond to the description on the web interface or are not provided for the agreed period of time for reasons on the part of the operator.
7.3. The seller is obligated to notify the operator of a complaint without delay upon ascertaining a flaw, at the operator’s contact e-mail, but no later than as of the date of termination of cooperation between the seller and operator.
7.4. If a complaint is found to be justified, the operator will ensure remediation without delay, primarily by providing the service in such a way so that the service corresponds to the agreement, or the seller will be entitled to a reasonable discount on the price, or to withdraw from the agreement and a refund (if the defect of the service is of such a nature that it constitutes a significant breach of the agreement).
8. Service Provision Period
8.1. Services (with the exception of premium services and banner promotions) are provided to the seller for the duration of the subscription period. If the price of a subscription plan for a subsequent period has not been paid by the end of the subscription period at the latest, the operator shall limit services in regard to the seller to the scope specified for the basic free subscription plan /Basic Plan/.
8.2. The seller is entitled to remove its presentations at any time through its user account, or to terminate its user account by sending a request for the termination of the account to the operator’s contact email. The seller acknowledges that if it terminates its user account, it is not entitled to compensation for not having exhausted the subscription period, or not having exhausted the premium services.
8.3. The operator reserves the right to remove, without compensation, presentations that are in violation of these terms and conditions, or to terminate a user account if these terms and conditions are being violated through it. The operator is also entitled to remove all presentations upon the termination of the operation of the web interface.
8.4. Premium services are provided for the duration of the time period for which the seller has ordered and paid for the same. If a presentation to which premium services pertain is removed by the seller (for any reason) or by the operator (due to a breach of these terms and conditions, the legal regulations of the Czech Republic or the principles of morality), the seller is not entitled to a refund of any part of the payment for premium services.
8.5. The termination of the provision of the services of the operator does not affect the seller's obligation to pay the operator all outstanding payments, contractual penalties or default interest.
8.6. The operator is entitled to restrict the provision of services in the event that the seller is in default with payment of any payment to the operator. The operator may also discontinue the provision of services if the seller does not pay any outstanding amounts within 30 days of the due date. If the seller does not pay the outstanding amounts within 90 days from the due date, the operator is entitled to cancel the user account of the seller without compensation and to terminate the service without compensation.
9. Protection of Business Secrets and Operator’s Business Policy
9.1. When negotiating the agreement and in the course of its performance, the seller may be provided with information that is designated as confidential or the confidentiality of which follows from its nature. The seller undertakes to treat such information primarily as follows:
- store it as confidential;
- not disclose it to another party without the consent of the operator;
- not utilize it for any other purpose than for the performance of the agreement;
- not utilize it in any other damaging manner.
9.2. Further, the seller undertakes that it shall not make copies of the documents provided to it by the operator without the consent of the operator.
9.3. In the event of a breach of an obligation in Article 9.1 and 9.2 of these terms and conditions, the operator has the right to terminate cooperation and to remove all of the seller’s presentations without compensation. The right to compensation of damage is not affected hereby in any way.
10. Final Provisions
10.1. The seller declares that it understands every part of the web interface and does not require a translation of the web interface.
10.2. Communications between the seller and the operator are conducted exclusively in electronic form (by email, or through the web interface)unless the parties agree upon a different procedure. A message sent to the other contracting party is considered delivered 3 days after being sent.
10.3. All information contained within the web interface is merely of an informative nature and the operator is not liable for the accuracy, up-to-date status or completeness thereof.
10.4. The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software and other) is protected by the operator’s copyright or by third party rights. The seller is not authorized to change, copy, reproduce, disseminate or use the content for any purpose without the consent of the operator or the consent of the copyright holder. Primarily, the disclosure, for free or for payment, of photographs and texts located on the web interface is forbidden.
10.5. eBonza is the operator’s registered trademark.
10.6. Names and designations of products, goods, services, firms and companies may be the registered trademarks of the relevant owners.
10.7. The operator is entitled to unilaterally set off its claims against the claims of the seller. The seller expresses its consent thereto.
10.8. The Operator is entitled to transfer receivables from the seller to a third party. In case of Seller's default with any payment to the Operator, the Operator is entitled to charge default interest in the amount of 0.1% of the amount due daily. If the seller becomes late in payment of any payment to the operator, the operator is entitled to deduct the appropriate amount from the seller's Stripe payment account with the payment service provider. If there is insufficient funding on this seller's payment account, the operator is entitled temporarily without compensation to discontinue the provision of the services until the seller pays the amount owed.
10.9. In the event that the seller becomes late in payment of any payment made to the operator for more than 30 days, the operator shall send the seller a written reminder. In this case, the operator is entitled to charge the costs of issuing and sending this reminder, which does not exceed 10, - EUR. In this case, the operator will limit the seller's access to the user account. If the amount due is not settled within 90 days of the due date, the operator will cancel the user account without refund.
10.10. If the relationship relating to the use of the web interface or the legal relationship established by the agreement contains an international (foreign) element, then the parties agree that their relationship is governed by Czech law. The operator and the seller agree that any disputes out of the agreement shall be heard before the courts in the Czech Republic.
10.11. The terms and conditions are drawn up in multiple languages, whereby the text of the Czech language version is decisive.
10.12. If any of the provisions of these terms and conditions is invalid, ineffective or inapplicable, or becomes so, a provision that comes closest to the invalid provision in purpose shall be used in its place. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Changes and additions to the agreement or to the terms and conditions must be in writing.
10.13. The operator is entitled to change or supplement the text of the terms and conditions. The new text of the terms and conditions shall always be published on the web interface; the operator does not inform the seller of a change in the terms and conditions in any other manner. The rights and obligations of the parties are always governed by that version of the terms and conditions under the effect of which they arose.
These terms and conditions are valid and effective from 09.02.2021.