TERMS AND CONDITIONS & GDPR
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Business Terms and Conditions of AMZ GUIDE LTD, CRN: 12148215, SUITE 63, 91 Western Road, Brighton, BN1 2NW, registered with Companies House, Cardiff, ("AMZ GUIDE LTD," "Seller" or "amzguide.eu").
I. GENERAL PROVISIONS
1. These General Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") were elaborated according to the provisions of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll. , on Consumer Protection, as amended (hereinafter referred to as the "Act"), and other valid legal regulations.
2. The customer of the consulting and information portal and the Amzguide.eu internet shop is either: (i) the consumer within the meaning of § 2 para. (ii) An entrepreneur who, in concluding and performing the contract, acts in the course of his business activity; or (iii) a state administration authority; or
municipalities (these three types of customers, hereinafter referred to as "buyers"). The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller acts in the course of his business.
3. The Terms and Conditions govern, in accordance with the provisions of Section 1751 (1) of the Civil Code, mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer via the Seller's online store or based on an electronic (email) order. The Seller operates the online store on a website located at https://www.amzguide.eu.
II. PLACE OF PERFORMANCE, QUALITY OF SERVICES AND DEADLINES
1. Unless agreed otherwise in the Contract, the Provider shall provide Advisory and Analytical Services remotely from its registered office or place of business, according to the current need and agreement of the Parties. Lecturing activities take place according to current needs.
2. The Provider declares that all its employees and associates providing services to the Client under the Contract possess sufficient professional knowledge to perform the Provider's activities with all professional care by the Contract and generally applicable legal regulations and documents related to the subject of Advisory, Analytical and Instructor services.
3. The Provider undertakes to provide Advisory, Lecturer, and Analytical Services within the deadlines specified by the relevant Order or Contract.
4. Advisory, Instructive and Analytical Services means services provided by the Provider to the Client, in particular the management of projects related to accessing Amazon Marketplaces, creating a client's corporate account on the Amazon internet interface, analysis and consulting, client training and management of the company account on the Amazon internet interface , while a more detailed specification of services is contained in the Contract, resp. in the offer agreed by the client.
5. If the Contract does not contain a specific scope of services, or if the contract has not been concluded between the Client and the Provider, it shall provide the Services on the basis of a written order from the Client. The Provider is also entitled to accept an order sent by e-mail. In such a case, the rights and obligations of the Provider and the Client shall be governed by the Order and the Conditions. Where the Contract further refers to the Contract, this also means the relationship of the Parties according to this provision, unless otherwise specified in a particular case.
6. By concluding the purchase contract, the buyer expresses his agreement with the terms and conditions and confirms that he is properly acquainted with them. The buyer is sufficiently informed about these terms and conditions before concluding the purchase contract and has the opportunity to become acquainted with them.
7. Provisions different from the terms and conditions may be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
8. In concluding and fulfilling the purchase contract, the seller acts within the framework of its business activities. The Seller is an entrepreneur who, directly or through other entrepreneurs, delivers services to the Buyer.
9. The text of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
10. The Seller reserves the right, among other things, to cancel an order or its part before concluding a purchase contract in the following cases: the service is no longer provided or the price of provided services has changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be refunded.
1. The Buyer may be delivered to the Buyer's email address.
IV. REMUNERATION AND PAYMENT CONDITIONS
1. The remuneration for the provision of Advisory Services shall be determined by contract or order.
2. Unless otherwise agreed by the Contracting Parties, the Provider is entitled to charge the Client travel expenses for travel outside the Provider's registered office, including compensation for car wear according to valid and effective legal regulations at the time of travel.
3. The agreed remuneration for Advisory, Lecturer and Analytical Services shall be invoiced by the Provider after ordering the relevant service (the Client approves the offer).
1. The Client undertakes to agree in writing or to notify the Provider of defects in quality or scope of services in writing no later than 5 days from the handover. In the case of Consulting, Lecturing and Analytical Activities, the handover shall mean the date of consultation or training, the date of sending the Analysis by the Provider to the Client by electronic mail. In case of opening a Client's Company account on Amazon Marketplaces, the handover date is the day on which the Provider sends the final report electronically to the Client's email. Later claims by the Client are not taken into account.
2. Eventually a claim for any reason other than that specified in clause 1 of this article may be made by the buyer by sending an e-mail to the e-mail address at email@example.com. The e-mail must contain advance invoice number or variable symbol, deadline and service to which the complaint relates, a description of the defects found and their manifestations.
3. The Seller shall notify the Buyer of the acceptance of the claim within three working days of its delivery by e-mail unless otherwise agreed with the Buyer.
4. The application will be settled without undue delay, no later than 30 days from the date of application, unless the seller and the buyer agree otherwise.
VI. PERSONAL DATA PROTECTION RULES
1. The Seller processes the Buyer's data in accordance with EU Regulation No. 2016/679 (hereinafter referred to as "GDPR") and the legislation of the Czech Republic.
2. Personal data will be processed to fulfil the contractual relationship between the Seller and the Buyer and for sending commercial messages. The legal reason for processing is the fulfillment of the contract, the fulfillment of legal obligations, and legitimate interest (direct marketing).
3. The Buyer's data will be processed to the extent: name and surname, registered office, email address, telephone number, identification number, and tax identification number.
4. The Seller uses the services of subcontractors as processors for the performance of the contract, in particular, the ordering software provider and administrator, the accounting software provider and the mailing service provider (personal data is stored within and outside the EU). Subcontractors are verified for the safe processing of personal data. The Seller and the subcontractors have agreed to the processing of personal data under which the subcontractors are responsible for adequately securing the physical, hardware and software perimeter and are therefore directly responsible to the Buyer for any leakage or breach of personal data. Non-EU subcontractors (mailing service providers), by participating in the Privacy Shield legal framework, have undertaken to respect at least the same level of privacy as set by GDPR.
5. The Seller has taken legal, organizational and technical measures to protect the processed personal data in order to prevent unauthorized or accidental access to, alteration, destruction or loss of data, unauthorized transfers, other illegal processing as well as other misuse and to ensure that all personal data processing obligations of the data processor are secured continually in terms of personnel and organization throughout the processing of the data.
6. The client's data will be processed for the duration of the contract and the statutory deadlines. Personal data will be processed electronically in an automated way.
7. The Buyer has the right to request from the Seller access to his data according to Article 15 GDPR, correction of personal data according to Article 16 GDPR or restriction of processing according to Article 18 GDPR. The user has the right to delete personal data according to Art. and (c) to (f) of the GDPR. Furthermore, the user has the right to object to the processing under Article 21 of the GDPR and the right to data portability under Article 20 of the GDPR. These rights can be exercised, and any questions regarding the protection of personal data can be sent to firstname.lastname@example.org.
8. To improve the quality of services, personalize the offer, collect anonymous data, and for analytical purposes, the Seller uses so-called cookies. By using the web interface, you agree to the use of this technology.
VII. FINAL PROVISIONS
1. The laws of the Czech Republic govern relations between the seller and the buyer. The competent court will decide any disputes. The buyer may contact the supervisory authority or the state supervisor with any complaint.
2. These Terms and Conditions are displayed on the Seller's website, which allows the Buyer to archive and reproduce them.
3. Both the Seller and the Buyer shall be bound by the wording of the Terms and Conditions stated on the Seller's website on the day the Buyer places an order.
4. By the choice of law pursuant to Article 12.1 of the Terms and Conditions, the consumer shall not be deprived of the protection afforded by the provisions of the legal order from which there is no contractual derogation and which would otherwise apply in the absence of the choice of law (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
5. If any provision of the Terms and Conditions is invalid or ineffective or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. Seller's Contact Information: Delivery Address: AMZ GUIDE LTD, SUITE 63, 91 Western Road, Brighton, BN1 2NW, email address email@example.com.
Sample email for withdrawal from the Purchase Agreement
I hereby withdraw from the purchase contract concluded with your company on (fill in the date) to (fill in the service), advance invoice number (fill in the advance invoice number). I kindly request a refund of the purchase price to my bank account (fill in the account number).
These terms and conditions are valid and effective from 1 July 2019 for purchases in online stores operated by AMZ GUIDE LTD.