Terms for the use for purchaser
These terms for the use of the web interface (hereinafter the "terms”) apply to the use of the web interface www.ebonza.eu (hereinafter the "web interface”) by you as the purchaser.
Web interface operator:
with registered office at Křižovnická 86/6, Staré Město, 110 00 Prague 1, Czech Republic
Identification number (IČ): 06570798
Tax number (DIČ): CZ06570798
registered in the commercial register maintained by the Municipal Court in Prague, section C, file 284550
Delivery address: Křižovnická 86/6, Staré Město, 110 00 Prague 1, Czech Republic
Contact e-mail for correspondence: firstname.lastname@example.org
1. PRELIMINARY PROVISIONS
1.1. What purposes does the web interface serve?
Through the web interface, a meeting of the supply and demand for goods and services occurs between you as the purchaser and a third party as the seller. On the web interface, it is possible to enter into a purchase agreement or other similar agreement with the sellers.
Please note that we are not the seller of the goods or the provider of the services that are found on the web interface, and for that reason, we are not liable for the proper delivery of goods or the proper provision of services, or for any other legal relationship between you and the seller.
The legal relationship with the seller is governed by the General Terms and Conditions and by the Complaint Rules. Please note that your legal relationship may be governed by other documents or information that the seller will notify you of or that are stated with the seller’s goods or services on the web interface. The seller is entitled to set differing rules for your legal relationship but is always obligated to maintain the minimum consumer protection provided by Czech law, or by the law of the state of your permanent residence.
We enable you to establish a user account on the web interface. Such an account is necessary in order to utilize the main functionalities of the web interface. The terms for establishing a user account are set out in Article 2 of the terms. Establishing and maintaining a user account is free of charge.
Further, the web interface also enables payments to be made for sellers’ goods or services. Payment services are provided by a relevant payment services provider distinct from our company.
Purchases and payments for goods or services for sellers may incur additional costs (for internet connection, transaction fees, etc.). You are required to become acquainted with these fees. If you are unsure what charges you are required to pay, contact us or the seller.
1.2. What documents are you obligated to abide by when using the web interface?
First and foremost by the agreement, which consists of the following documents:
- these terms, which define our mutual rights and obligations;
- the Principles of Personal Data Protection, which regulate the protection of your personal data;
- the rules of the forum;
- the terms and instructions set out within the web interface primarily when registering on the web interface;
and in matters not regulated by the agreement, our mutual rights and obligations are governed by Czech law, primarily by the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code”);
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
Please note that your legal relationship with the seller may be governed by the terms and conditions of the specific seller, and possibly also by information and instructions stated with the specific goods or services that are the subject of your agreement with the seller.
If your place of residence or registered office is located outside of the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the law of the state of your place of residence provides a greater level of consumer protection than Czech law, such greater level of protection is provided to you in legal relationships.
1.3. How do you express consent to the terms?
By using of a web interface or sending the registration form, and further, also, by confirming within the web interface, you affirm that you have acquainted yourself with these terms and that you agree to them.
1.4. What else should you know about the terms and conditions?
If any of the provisions of these terms is invalid, ineffective or inapplicable (or becomes so), a provision that comes closest to it in purpose shall be used in its place. That shall not affect the validity of the other provisions.
We may change or supplement the text of the terms. Your rights and obligations are always governed by that version of the terms and conditions under the effect of which they arose. The terms can only be changed or supplemented in writing.
2. REGISTRATION ON THE WEB INTERFACE
2.1. How can you register on the web interface?
By registering through a registration form on the web interface, a user account is established. Keep the user account access details confidential. We do not bear any liability for any misuse of a user account by a third party.
You can register only if you are at least 18 years of age. We are entitled to ask you to submit a document confirming your age.
The information submitted when registering must be true and complete. We can terminate, without compensation, an account that was established through the use of false or incomplete data. In the event of changes in your data, we recommend making immediate modifications of the same within the user account.
If you create damage to us by providing the false information, you are required to replace this damage in its entirety.
2.2. What is the purpose of the user account?
Through the user account, you can primarily order goods or services, monitor orders and information on purchases made, prices paid, withdrawal from an agreement, discounts. You can communicate with the seller through the user account. Any other functions of the user account are always specified on the web interface.
2.3. How can a user account be terminated?
You can terminate your user account by sending a request for the termination of the account to our contact email. Such email must always contain the name, surname and information on the last purchase made. We are entitled to require further information from you in order to verify your identity.
2.4. When can we terminate your user account?
Please note that we have the right to terminate your user account without compensation, if, through your account, breaches are occurring of good morals, valid legal regulations, these terms, primarily including Article 4 of the terms, and the forum rules.
3. POSTING CONTENT ON THE WEB INTERFACE
3.1. What content are you entitled to post on the web interface?
Through the web interface, you can post pictures, photographs, texts in the form of comments, product ratings, etc.
We reserve the right to remove all content 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.
We are entitled to monitor the content of information posted through the web interface including communications between you and the seller, and further, we are entitled to terminate your user account without compensation if such account is in breach of these terms and conditions.
Please note that, as a result of the suspension of or a change in the provision of our services, you may temporarily or permanently lose access to the content of the web interface.
3.2. Do you have an obligation to secure the consent of the author when posting content on the web interface?
By consenting to these terms, you declare and are liable to ensure that you are the holder of licenses to such texts, photographs, illustrations and other materials that comprise the content posted by you. If you are not the holder of a relevant license, you must secure the consent of the author to processing.
3.3. What are we entitled to in case of a breach of this article of the terms?
If any of the representations in article 3.2 of the terms are shown to be untrue, or if you post content on the web interface that is in violation of Article 3.1 of the terms, and, in connection therewith, any performance is exacted from us by a third party, we are entitled to subsequently recover the costs that we incur in connection therewith from you, including costs of legal representation. You undertake to compensate us for all losses, costs, expenses, claims, proceedings or demands raised against us due to the infringement of third party intellectual property rights by you.
3.4. How can one communicate with the seller?
Communicating with the seller is possible through the web interface or through the seller’s contact details. Please note that you are obligated to refrain from communicating with the seller in a manner that could harm the good name of our company and of the services that we provide. If you breach such an obligation, you are obligated to compensate us for the damage that we incur due to your behaviour. In such a case, we also have the right to terminate cooperation with you. You are not entitled to share contact details with the seller, or to agree with the seller upon the sale of goods or the provision of services outside of the web interface.
There is no possibility to open dispute /or communicate/ with the seller regarding cancellation or complaint through a web interface if 14 days have passed since the date of receipt of the goods.
Communications with the seller are conducted exclusively in electronic form unless you reach consensus with us and with the seller upon a different procedure. A message sent to the seller is considered delivered 3 days after being sent (and likewise a message sent by the seller to you).
4. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
4.1. Is the content of the web pages protected by copyright?
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 our copyright or by third-party rights. You are not authorized to change, copy, reproduce, disseminate or use the content for any purpose without our consent 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.
Names and designations of products, goods, services, firms and companies may be the registered trademarks of the relevant owners. eBonza is our registered trademark.
4.2. Liability and use of the web interface
We do not bear liability for errors arisen as a result of third-party interference in the web interface or as a result of its use in breach of its purpose. When utilizing the web interface, you cannot use procedures that could disrupt the functioning of the system or place an undue burden on the system.
If, when using the web interface, you commit any illegal or unethical action, we are entitled to restrict, suspend or terminate your access to the web interface, without any compensation. In such case, you continue to be obligated to compensate us in full for the damage that demonstrably occurred through your actions under this paragraph.
Please note that by clicking on some links on the web interface, you may be leaving the web interface and be re-routed to third party websites.
5. FURTHER INFORMATION
5.1. How do we handle grievances?
Grievances in regard to the behavior of the sellers or grievances pertaining to our services can be sent to our contact email email@example.com, or through your user account. We will attempt to resolve your dispute with a seller in an amicable manner. Further, you can contact the relevant supervisory authorities.
5.2. What rights do you have in the event of a consumer dispute?
If you are a consumer and a dispute arises between us out of the agreement that cannot be settled directly, you have the right to submit such a dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi. cz; electronic contact: firstname.lastname@example.org; telephone: +420 296 366 360) for the purpose of alternative dispute resolution for consumer disputes. You can assert such right no later than within 1 year from the date when you asserted the right that is the subject of such consumer dispute with us for the first time.
To find an entity for alternative dispute resolution, you can also utilize the online platform established by the European Commission at the address: http://ec.europa.eu/consumers/odr/.
In the event of the occurrence of a dispute with a seller, you are also entitled to utilize the relevant consumer dispute resolution body at the place of the seller’s registered office.
5.3. Further information and declarations
The terms and conditions are drawn up in multiple languages, whereby the text of the Czech language version is decisive. You declare that you understand every part of the web interface and you do not require a translation of the web interface.
All information contained within the web interface is merely of an informative nature; we are not liable for the accuracy, up-to-date status or completeness thereof.
We are 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; we do not inform of a change in the terms and conditions in any other manner. Rights and obligations 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.