These General Retail Terms and Conditions (hereinafter only "terms and conditions") apply to contracts signed through the online EMI International store, located at the web portal emi International (hereinafter only "web portal"), between Company
E.Mi - International s.r.o., with offices at U božích bojovníků 89/1, 130 00, Prague 3 - Žižkov
ID No.: 24214647
VAT ID No.: CZ24214647
registered in the Registry of Companies, maintained at Municipal Court in Prague, Section C, file 189332
Mailing address: E.Mi - International s.r.o., Karlovo nám. 313/8, 120 00 Nové Město
Phone number: +420 773 208 276
Contact e-mail: post@emischool.com
as the Seller
and you as the Buyer24-month
1. OPENING CLAUSES
By the Purchase Contract, we agree to supply to you the goods listed in the purchase order and you agree to accept the goods (either in person or from the forwarder) and to pay us the purchase price, mentioned in the purchase order, and to accept it. The purchase price (or only "the price") includes also the costs associated with the delivery of goods and eventual fees, associated with the selected method of payment. The costs of delivery of goods cannot be established prior to the placement of an order, therefore you will be informed about the costs based on the delivery address after the placement of an order, but prior to contract execution.
You assume the ownership of the goods by paying the complete purchase price, but not before you accept the goods.
1.1. Does the purchase contract apply only to the goods?
The Purchase contract (or only "the contract") herein means any contract executed according to these terms and conditions. Therefore it can mean e.g. a contract for services.
1.2. Is the purchase contract a consumer's contract?
It is a consumer's contract if you are a consumer, i.e. if you are a physical entity and you buy the goods outside your business activity or independent performance of your occupation. Otherwise, it is not a consumer's contract and the protection of consumers according to the legislation and these terms and conditions do not apply to you, however, the General wholesale terms and conditions do.
1.3. What are your special rights as a consumer?
As a consumer, you have especially:
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
If your place of residence or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, be advised, that our relationship is governed by Czech law. If you are a consumer and the legislation of the Country of your residence provides you with a higher level of protection than the Czech legislation, you will be provided with a much higher level of protection in legal relationships.
1.5. How do you express consent to the terms and conditions?
By sending a purchase order and also by confirmation on the web portal you confirm, that you are familiar and agree with these terms and conditions.
We can change or modify the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions, under which they originated.
2. PURCHASE CONTRACT
2.1. How to execute a purchase contract?
The web portal lists goods including a description of the main features of individual items. Each item is provided with a price including all taxes, duties and fees. The presentation of goods is only informative and does not represent our proposal to execute a contract in the sense of Art. 1732 Sec. 2 of the Civic Code. The execution of the contract requires you to send the purchase order so it is received by us and that you pay for goods by a method mentioned in Art. 3.1 herein.
2.2. How to place a purchase order?
A purchase order can be placed through the web portal (by completing the form). Registration on the web portal is necessary for order placement. The conditions of registration are stipulated in Terms and Conditions of use of the web portal.
A purchase order has to contain all information required in the form, especially accurate designation of the ordered goods (eventually numerical designation of goods), quantity, selected method of payment and transport and your contact information (delivery and billing address eventually).
Prior to sending the purchase order you will receive a summary of your order. We recommend to check especially the type and quantity of goods, e-mail and delivery address. Within the summary you have the last opportunity to change the data.
You will place a purchase order by pressing "Complete Order" button. We consider the information in a purchase order to be correct and complete. Inform us of any changes of the information by phone or e-mail without delay.
We will inform you about receiving the order without delay. Information (confirmation) of a reception of a purchase order is dispatched automatically and does not mean acceptance of the order by us.
In case of doubts about the authenticity and seriousness of an order we will contact you for its verification. We can reject an unverified order. Such purchase order is considered as never posted.
After the reception we will inform you also about the costs of goods delivery by sending an invoice, in which the total purchase price of the good, including costs of delivery, will be stated. We will send the invoice to you to an e-mail address stated in the order. Basic information on costs of delivery, or the invoice respectively, represents acceptance of the order by us.
Please note, that if you place an order from a Country, other than Czech Republic, and a national distributor of our goods operates in such Country, your order will be transferred for execution by such distributor.
2.3. When is the contract executed, then?
The purchase contract is executed when you pay the purchase price of the goods, including the costs of delivery of the goods by a method stipulated in Art. 3.1 herein.
The information about individual technical steps towards the execution of the contract are obvious from the web portal.
Can you cancel a posted order?
You can cancel a purchase order we did not accept yet (i.e. you did not receive information about the costs of delivery of the goods from us according to article 2.2 herein) by phone or e-mail. All orders accepted by us are binding. You can cancel an accepted order in case you do not agree with the amount of costs of delivery by not paying the price. Otherwise an accepted order can be cancelled only in agreement with us. If an order is cancelled, preventing withdrawal from contract (see article 5 for details), we are entitled for payment of costs we already incurred in relation to the contract.
2.4. Can the price of goods, listed on web portal, be changed?
The prices of the presented goods remain valid for the period it is shown on the web portal. Eventual discounts from prices of goods cannot be combined, unless expressly stated on the web portal otherwise.
In case of an obvious technical error in listing a price on the web portal or during ordering on our side, we are not obliged to deliver the goods to you for this obviously erroneous price, even in case that a confirmation of the order has been sent to you according to these terms and conditions. In such case we reserve the right to withdraw from the contract.
If the price listed for goods on the web portal or during ordering is not up-to-date, we will notify you without delay. If your order was not accepted, we are not obliged to execute the contract.
Posted orders are not affected by changes of prices, which took place between posting of an order and its reception on our side, according to the article 2.2 herein.
2.5. Can you obtain the contract in text form?
The contract is not executed in writing with signatures of the Parties. The contract comprises of these Terms and Conditions, your purchase order and its reception on our side. The entire contract will be send to you by e-mail or printed by mail upon your request. In case of mailing we may ask you to pay the associated fees.
2.6. What if you do not understand something in the contract?
You can contact us by phone or e-mail in case of questions regarding the terms and conditions. We will gladly provide any necessary information.
2.7. In which languages can the contract be executed?
The Contract can be executed in Czech, unless we expressly agree on another language.
2.8. Is the contract archived anywhere?
We archive the contract (including these Terms and Conditions) in the electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
3. PAYMENT CONDITIONS
3.1. Which payment types we accept?
You can pay the purchase price especially by the following methods:
Eventual other payment methods are listed on the web portal.
3.2. When is the purchase price due?
In case of payment in cash through Western Union payment points and in case of cashless payment the price is due within seven days from dispatch of information on costs of delivery o goods, invoice respectively (i.e. acceptance of purchase order). The price is, in case of cashless payment, considered as paid upon crediting of the amount to our bank account, in case of cash payment at a Western Union payment point upon confirmation of the payment by Western Union. Please, be advised, that we have to be notified about the payment through the Western Union payment point and the information for payment of the money has to be provided.
3.3. In which currency can you make payment?
Payment in Euros (EUR) is possible.
3.4. When can we require deposit?
We can require a deposit on the purchase price especially for purchase orders with total value over EUR 200.
4. DELIVERY TERMS
4.1. How we ship goods?
We ship goods through a forwarding service listed on the web portal. Eventual other delivery methods are listed on the web portal as well. Particular methods of delivery can be selected in the purchase order. If you don't select any method of delivery, we can select it.
4.2. What are the cost of delivery of goods?
The costs of delivery always depend on the size and nature of the goods, delivery address, Country of delivery respectively and on the price list of the selected forwarder.
The costs of delivery of goods cannot be determined prior to the posting of an order. You will be informed about the costs prior to execution of the contract.
4.3. When will we deliver the goods to you?
The delivery period always depends on the delivery address, on the availability of the goods and on the selected method of delivery and payment.
We usually hand the goods on stock over to the forwarder within two business days from the payment being credited to our account or from the notice of payment through the Western Union payment points.
We will hand over the goods, which is not on stock, to the forwarder as soon as possible. We will notify you about the exact date.
Please note, that we cannot influence the period of delivery by external forwarders. Eventual complaints regarding the delivery period should be addressed to the forwarder.
The delivery of goods according to these terms and conditions means the moment of delivery of goods to you. If you refuse to accept goods without a good reason, the fact is considered neither a breach of obligations to deliver the goods by us, nor a withdrawal from contract by you.
4.4. How to accept the goods?
Upon accepting the goods, check the integrity of the packaging. If you detect any discrepancies, contact the forwarder and us immediately. If you refuse to accept a consignment with damaged packaging, it is not considered a unreasonable refusal of goods.
By signing a delivery note (or another similar document) you confirm, that the packaging of the consignment was intact. In such case complaints for damaged packaging of goods is no longer possible.
The moment of acceptance of goods (or a moment when you were obliged to accept goods, but in conflict with the contract you did not), you assume the responsibility for accidental destruction, damage or loss of goods.
4.5. What happens if you do not accept the goods?
If, for reasons on your side, the goods have to be delivered repeatedly or by other than the agreed method, you are obliged to pay the costs associated with such delivery.
In case you refuse to accept the goods unreasonably, we are entitled to compensation for the cost of delivery associated with the delivery and storage of the goods, as well as other costs we shall incur due to the goods not being accepted. These costs shall not exceed 50 Euro cents per each day of storage. The costs of storage may reach the total of EUR 20 or the value of the purchase price at maximum if it is below EUR 20.
In such case, we are also entitled to withdrawal from the contract.
5. WITHDRAWAL FROM CONTRACT
5.1. How can you withdraw from a contract?
You can withdraw from a purchase contract in а period of 14 days from the day of acceptance of the goods; should the delivery be split into several parts, from the delivery of the last consignment. We recommend to send the the notice of withdrawal from a purchase contract to our mailing address or e-mail. The withdrawal from contract can be made on a sample form. We will confirm the reception of the notice without unnecessary delay.
You do not have to give any reasons for withdrawal from contract.
5.2. What are the consequences of withdrawal from contract?
By withdrawal from contract the contract is cancelled from the beginning and it is considered as never executed.
In case a present has been provided with the goods, the deed of gift becomes ineffective upon withdrawal from the contract by any of the parties. Send the gift back together with the returned goods.
5.3. When is it impossible to withdraw from contract?
In accordance with Art. 1837 of the Civic Code it is impossible to withdraw, without limitation, from the following contracts:
- on delivery of goods, which was after delivery irretrievably mixed with other goods;
- on delivery of goods in an closed packaging, which you unpacked from packaging and for sanitary reasons is cannot be returned.
5.4. How will you return the goods to us?
You are obliged to return the goods to us within 14 days from the withdrawal from contract to our mailing address, to any business premises or to the address of our offices. Do not send the goods COD. We are not obliged to accept goods sent COD.
Returned goods have to be free of damage, wear and tear and unsoiled, and, if possible, in original packaging.
We recommend to include with the goods:
- a copy of the delivery note and invoice, if these documents were issued, or another document of the purchase of goods;
- written notice of withdrawal from the contract (on our form or otherwise) and selected method of money return (transfer to account, personal acceptance of cash or postal order or otherwise). Include a mailing address, phone and e-mail in the notice.
Failure to present any of the above.mentioned documents does not prevent us from accepting your withdrawal from contract in compliance with legal terms.
5.5. When will you receive your money?
We will return all received funds to you within 14 days from the withdrawal from contract. However, note, that we are not obliged to return to you any funds, until you return the goods or document, that you dispatched the goods to us.
We will return funds:
Along with the above-mentioned methods we can always return funds to a bank account designated by you or to an account, from which the funds were transferred for the payment of the purchase price (if you fail to designate any account within ten days from the withdrawal from contract). By accepting these Terms and Conditions you express your consent with the transfer of funds according to the last sentence under the condition, that because of it you will not incur any further cost.
Costs associated with dispatched of returned goods to our address are born by you, even in case the goods, because of its nature, cannot be returned by a regular mail.
5.6. What if the goods were damaged?
Pack the goods for shipping into an appropriate packaging to prevent any damage or destruction. The purchase price and the costs of delivery of goods substantially damaged or destroyed during transport due to inappropriate packaging cannot be returned (or its part representing the damage).
If we find out the goods returned by you is damaged, worn, soiled or partially consumed, we are entitled to require damages from you. We can set the damages unilaterally off against your claim for return of the purchase price and costs of delivery of goods, i.e. you will be returned only the amount reduced by the damage.
5.7. When can we withdraw from contract?
We reserve the right to withdraw from contract in the following cases:
- due to technical error obviously incorrect price of goods was published on the web portal (Art. 2.4 herein);
- goods cannot be delivered under the original conditions for objective reasons (especially if the goods is no longer manufactured, supplier ceased to supply to CZ etc.).
- execution becomes objectively impossible or illegal.
In case any of the above-mentioned circumstance occur, we will inform you about our withdrawal from contract without delay. The withdrawal becomes effective towards you in the time of delivery to you.
If you paid the purchase price in full or in part, we will return the received amount by a cashless transfer to an account you will specify for this purpose, or from which the payment was executed. We will return the money within five say from the withdrawal from purchase contract.
6. RIGHTS FROM FAULTY PERFORMANCE
Your rights from a faulty performance are governed by generally binding legislation (especially articles 1914 to 1925 and 2099 to 2117 and 2158 to 2174 of the Civic Code).
Upon execution of right from faulty performance we will proceed in compliance with our Complaint Guideline. Prior to sending a complaint, familiarize yourself with the Complaint Guidelines, in order to process the complaint as fast as possible to your satisfaction.
7. FINAL PROVISIONS
7.1. What authorization to our business activities we have and who supervises it?
We are authorized to sell goods based on a business license. Our activity is not subject to any other authorization.
The applicable trade authority performs trade supervision within its jurisdiction. Inspection of compliance with legislation regarding technical requirements on goods and safety is performed by Czech Trade Inspection (Česká obchodní inspekce). Czech Trade Inspection performs also inspection of compliance with legislation for consumer protection. The rights of consumers and their interest groups and other entities of their protection.
7.2. How we process complaints?
We process eventual complaints through our contact e-mail. You can also contact the entities mentioned in Article 7.1. In the relationship with our customers we are not bound by any Codes of conduct, nor do we observe such codes.
7.3. What you should know?
The contract is executed using means of remote communication (especially the Internet). Costs of the use of remote communication means (especially costs of Internet connection or phone calls) are born by us. These costs are not different from usual rates.
Unless agreed otherwise, all correspondence, relating to the contract, takes place between us in writing, either by sending an e-mail, registered mail or by personal delivery. We will deliver to the electronic mail address, mentioned in the purchase order or in your user's account.
In case that certain provision herein is (or becomes) invalid, ineffective or unenforceable, it will be replaced by a provision, meaning of which is as close to the invalid, ineffective or unenforceable provision as possible. The invalidity, ineffectiveness or unenforceability of one provision does not affect the validity of other provisions. Changes or addenda to this contract (including the terms and conditions) can be performed only in writing.
In compliance with the Act No. 185/2001 Coll., Act on wastes, as amended, our Company ensures free reception of goods purchased by you, which has the nature of electrical equipment (hereinafter only "re-supply"). Resupply can be performed by giving the used electrical equipment to the contact address of our Company. Prior to giving the used electrical equipment to us, please, contact us.
These Terms and Conditions are valid and effective from 23.07.2015.
These General Wholesale Terms and Conditions (hereinafter only "terms and conditions") apply to contracts signed through on-line E.MI - School of Nail Design by Ekaterina Mirochnichenko store, located at the web interface www.emischool.com (hereinafter only "web interface"), between Company
E.Mi - International s.r.o., with offices at U božích bojovníků 89/1, 130 00, Prague 3 - Žižkov
ID No.: 24214647
VAT ID No.: CZ24214647
registered in the Registry of Companies, maintained at Municipal Court in Prague, Section C, file 189332
Mailing address: E.Mi - International s.r.o., Štefánikova 203/23, 150 00, Prague 5 - Smíchov
Phone number: 773,208,276
Contact e-mail: prague@emischool.com
as the Seller
and a businessperson or a legal entity
as the Buyer
(both commonly also only as "the Parties").
1. Opening clauses
1.1. The terms and conditions define and specify basic rights and obligations of the Parties at the time of signing the contract on selling goods and other contract mentioned here (hereinafter also commonly "the contract") through the web interface.
1.2. The stipulations of the terms and conditions are integral part of the contract. The stipulations discrepant from the terms and conditions can be agreed in the contract. The discrepant agreements in the contract have precedence before the stipulations of the terms and conditions. The Seller can change or modify the wording of terms and conditions. The rights and obligations of the Parties are always governed by the wording of the terms and conditions, under which they originated. The rights and conditions of the Parties are also governed by the Terms and Conditions of use of the web interface , by the terms and conditions and the instructions on the web interface, especially during signing of the contract or the registration of the Buyer on the web interface and by the purchase order and its reception by the Seller. The relationship of the Parties in matters not stipulated herein is governed by legislation, especially by Act No. 89/2012 Coll., Civic Code as amended (hereinafter only "the Civic Code").
1.3. The contract and the terms and conditions are in Czech. The Contract can be executed in Czech, unless the Parties expressly agree on another language.
1.4. These terms and conditions apply to Buyers, which are businesspersons, and to legal entities. Contracts executed with a consumer are not subject to these terms and conditions, but to the General Retail Terms and Conditions. In matters not stipulated in these wholesale terms and conditions the relationships are governed similarly by the terms and conditions stipulated in the General retail terms and conditions, except the stipulations for consumer protection.
1.5. The Buyer confirms, by sending a purchase order, that he/she is familiar with these terms and conditions.
2. Purchase order and contract execution
2.1. The web interface lists goods including a description of the main features of individual items. The presentation of goods, provided on the web interface, is only informative and does not represent the Seller's proposal to execute a contract in the sense of Art. 1732 Sec. 2 of the Civic Code. After execution of the contract the Buyer should send the purchase order so it is received by the Seller and the Buyer performs the payment for goods by a method mentioned in Art. 4.3 herein.
The Buyer places an order through the web interface (by completing the form). Registration on the web interface is necessary for order placement. The conditions of registration are stipulated in Terms and Conditions of use of the web interface.
2.2. The Seller is not obliged to confirm the received order. Unconfirmed order is not binding for the Seller. The Seller is entitled to verify the order in case of a doubt about the authenticity and earnestness of the order. Unverified order can be rejected by the Seller.
2.3. After the confirmation the Seller informs the Buyer also about the costs of goods delivery by sending an invoice, in which the total purchase price of the good, including costs of delivery, will be stated. The Seller will send the invoice to the Buyer to an e-mail address stated in the order. Basic information on costs of delivery, or the invoice respectively, represents acceptance of the order by the Seller.
2.4. The contract is executed when the Seller pays the purchase price of the goods, including the costs of delivery of the goods by a method stipulated in Art. 4.3 herein.
2.5. If the Buyer places an order from a Country, other than Czech Republic, and a national distributor of goods sold by the Buyer operates in such Country, the Buyer's order will be transferred for execution by such distributor.
2.6. An order, yet unaccepted by the Seller, can be cancelled by the Buyer by phone or an e-mail. All orders accepted by the Seller are binding. Accepted order can be cancelled in case the Buyer does not agree with the amount of costs of delivery, either by phone or an e-mail. Otherwise an accepted order can be cancelled only in agreement with the Seller. In case of such cancellation by the Buyer the Seller is entitled to a cancellation fee amounting to 50% of the price of goods.
3. Delivery terms
3.1. The Seller is obliged to deliver the goods to the Buyer in an agreed manner, properly packed and equipped by necessary documents. The necessary documents are especially the user's manual, certificates and other documents, necessary for acceptance and use of the goods. Unless agreed otherwise, the documents are provided in Czech.
3.2. In accordance with the Parties' agreement the Seller can ensure the transport of goods for the Buyer and insurance of goods during the transport. Prices of transport and insurance will be covered by the Buyer. The goods are considered delivered upon hand-over of goods to the forwarder. The hazard of damage of the goods is transferred to the Buyer upon the delivery of goods. The delivery period always depends on the distance to the delivery address, the target state respectively, on its accessibility and on the chosen payment method.
Goods on stock is usually handed over by the Seller to the forwarder within two business days from crediting of the payment to the Seller's account or from a notice of payment through Western Union payment locations.
3.3. The deadline for shipment of goods may be stated in the goods' details on the web interface. The Seller will hand goods, which is not in stock, over to the forwarder as soon as possible.
3.4. The buyer is obliged, prior to acceptance of the goods, to check the integrity of the packaging and to report the eventual defects to the forwarder without delay. The defects will be recorded in a protocol. If the protocol of defects is not prepared, the Buyer looses the entitlement arising from the goods' damaged packaging.
3.5. In case the Buyer will not accept the goods without reason, the Seller is entitled, along with a compensation of costs associated with storage of goods and other costs, arising due to the Buyer not accepting the goods, also to a payment of contractual penalty amounting to 0.5 % of the price of goods per day for each day of default of the Buyer to accept the goods.
3.6. The Buyer is obliged to check the goods immediately after acceptance, especially to check the quantity of goods and its completeness. In case non-compliance is detected, he is obliged to notify the Buyer about it without unnecessary delay, but 2 business days from accepting the goods at the latest. The Buyer is obliged to document the detected defects in an appropriate manner and to send the documentation to the Seller together with the report of defects.
4. Payment conditions
4.1. The web interface lists prices of goods including VAT. The Seller is entitled to provide the Buyer with discounts of these prices, especially in relation to quantity of ordered goods or previous purchases of the Buyer.
4.2. In case of an obvious technical error on the side of the Seller when listing a price of goods or the amount of discount on the web interface or during placement of order, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price or with the obviously incorrect discount, even when the Seller accepted the Buyer's order under these Terms and Conditions. Correspondingly it applies in case the price or amount of discount, listed on the web interface or during the placement of order are no longer valid, or if the price or amount of discount change between the sending of the order and its reception.
4.3. The Buyer can pay the purchase price of the goods to the Seller, along with other methods of listed on the web interface, or agreed individually, by one of the methods listed below:
- in cash through Western Union payment points;
- cashless prior to delivery of goods, transfer to bank account of the Seller (the Seller will provide the Buyer with information for payment)
The Seller is entitled to refuse payment for goods after delivery. This method of payment is usually reserved for regular customers. Unless agreed otherwise, the invoice is attached with the goods.
4.4. In case of payment in cash through Western Union payment points and in case of cashless payment the price is due within seven days from dispatch of information on costs of delivery o goods, invoice respectively (i.e. acceptance of purchase order). The price is, in case of cashless payment, considered as paid upon crediting of the amount to the bank account of the Seller, in case of cash payment at a Western Union payment point upon confirmation of the payment by Western Union. The Seller has to be notified about the payment through the Western Union payment point and the information for payment of the money has to be provided.
4.5. In case of default of the Buyer with the payment of the price of goods the Seller is also entitled to suspend further agreed deliveries of goods until all past-due obligations of the Buyer are settled.
4.6. Payment in Euros (EUR) is possible.
5. Withdrawal from Contract
5.1. The Seller is entitled to withdraw from the Contract until the acceptance of goods by the Buyer. In such case the Seller will return to the Buyer the purchase price in cashless transfer to the account provided for this purpose by the Buyer or to an account, from which the money was transferred to pay the purchase price (if the Buyer does not provide any within 5 days from the withdrawal from the contract).
5.2. The Seller is also entitled to withdraw from contract if the Buyer is in default with payment of the purchase price for more than 4 weeks.
5.3. The Buyer is entitled to withdraw from the contract if the Seller is in default with the delivery of goods for more than 4 weeks from the agreed delivery.
5.4. The Buyer is not entitled to withdraw from the contract for goods, which was delivered properly, in time and without defect.
5.5. Withdrawal from a contract has to be executed in writing and, in case of contracts agreed electronically, also electronically. Withdrawal from contract is effective upon delivery of a withdrawal notice to the respective party.
5.6. In case a present has been provided with the goods, the deed of gift becomes ineffective upon withdrawal from the contract by any of the parties.
6. Rights from faulty performance
6.1. The rights of the Buyer from a faulty performance are governed by generally binding legislation (especially articles 1914 to 1915 and 2099 to 2117 of the Civic Code).
7. Protection of Seller's trade secrets and business policy
7.1. During the negotiation of contract and its performance the Buyer may be informed about matters, which are designated as confidential or confidentiality of which arises form its nature. With respect to this information the Buyer agrees especially:
· to hold as confidential;
· not to provide it without the Seller's consent to another person;
· not to use it for other purpose than for performance of contract;
· not to use it in any damaging way.
7.2. The Buyer also agrees not to create copies of documents, provided by the Seller, without the Seller's consent.
8. Final provisions
8.1. If the relationship associated with the use of the web interface or the legal relationship, established by a contract, contains an international (foreign) element, the Parties agree that the relationship is governed by the Czech law.
8.2. Should any provision of the Terms and Conditions be or become invalid or ineffective or unenforceable, the invalid provision will be replaced by a provision, meaning of which is as close to the invalid provision as possible. The invalidity or ineffectiveness or unenforceability of one provision does not affect the validity of other provisions. Changes and addenda of a contract or the Terms and Conditions require written form.
These Terms and Conditions are valid and effective from 23.07.2015.
Web Interface usage terms and conditions
You entered the emi International web interface (hereinafter only "the web interface"), operated by our Company
E.Mi - International s.r.o., with offices at U božích bojovníků 89/1, 130 00, Prague 3 - Žižkov
ID No.: 24214647
VAT No.: CZ24214647
registered in the Companies' register maintained at the Municipal court in Prague, Section C, file 189332
Address for Service: Štefánikova 203/23, 150 00, Prague 5 - Smíchov
Phone number: + 420 773 208 276
Contact e-mail: prague@emischool.com
Please, note, that regardless of whether you purchase using the web interface, or you only visit, you should adhere with the following rules, which stipulate and specify the the terms and conditions of all functional parts of the web interface.
1. Web interface registration
You should register in order to order goods at the web interface. You register on the web interface using a registration form therein. Enter the required information into the registration form, especially the name, surname and a contact e-mail. By registering you create a user's account.
You need a user's name and password to enter the user's account. Keep the login information for the user's account confidential. Our Company bears no responsibility for eventual unauthorized use of the user's account by a third person.
The information provided upon the registration have to be truthful and complete. The account, created using false or incomplete information, may be canceled without compensation.
In case of changes of your information we recommend to modify the user account without delay.
Using the user's account you can order goods, track orders and maintain the user's account. Eventual other functions of the user's account are always listed on the web interface.
Please, note that we are entitled to cancel your user's account without compensation, if good manners, relevant legislation or these terms and conditions are violated using your user's account.
2. Protection of personal data
Upon entering an order or registration on the web interface you provide us with your personal data. Use of the web interface also means storage and processing of other information, to which we have access. By entering personal information and using the web interface you agree with processing and collection of your personal data in the scope specified below for the purposes specified below, until declaration of dissent with such processing.
Protection of personal data is very important for us. Therefore, while processing personal data, we comply with the legislation of Czech Republic, especially the Act No. 101/2000 Coll., on protection of personal data (hereinafter only "APPD"), as amended.
2.1. What is personal and other data?
Personal data is data you voluntarily provided during completion of an order or registration. Personal data means all information, identifying or possibly identifying a specific person. Personal data is, especially, without limitation, a name and surname, photographs, date of birth, e-mail address and residential address or a phone number.
Other data, collected automatically in relation with the use of the web interface, such as IP address, type of browser, equipment and operating system, duration and number of accesses to the web interface, information collected using the cookie files and other similar information. Please, note, that we can collect other data even without registration and regardless of whether you make purchase on the web interface or not.
2.2. How do we use personal and other data?
We use to personal and other data especially to provide you with access to your account and the easiest possible use of the web interface.
We use the data for communication regarding the administration of your account and for user support. The data can be used to improve our services, including the use of analysis of the behavior of the interface users.
The data can be used for commercial and marketing purposes, i.e. to maintain a database of users of the web interface and to offer goods and services for an indefinite period of time. By posting an order of by registration you agree with receiving commercial messages by all electronic means.
The consent with receiving of commercial messages and electronic mail for the purpose of direct marketing can be canceled anytime by an e-mail to our contact e-mail address.
2.3. How do we administer and process your personal data?
Our Company is the administrator of personal data in the sense of APPD and is registered at the Personal Data Protection Administration under registration number 0059797 / 001.
We can appoint a third person a processor of your personal and other data.
Personal and other collected data is comprehensively secured against misuse.
Personal data will be processed for an indefinite period of time. Personal data will be process in electronic format in an authorized way or printed by non-automatic method.
2.4. Who receives your personal data from us?
Your personal data is not passed to anyone. The exception are external freighters and persons participating on the delivery of goods or provision of service. Such persons receive your personal information in minimal scope, necessary for the delivery of goods or provision of service.
2.5. What are your right with respect to personal data?
You have a right of access to your personal data and a right to information about their processing (information on the purpose of processing, information on sources of the data and information on the receiver). This information will be provided to you without unnecessary delay upon request. You also have right to correction of personal data and other legal rights to this data.
Upon your written request we will remove your personal data from the database.
If you suspect, that our Company or the processor of personal data perform the processing of your personal data in violation of the law, you can:
- request an explanation from us or the processor;
- request that we or the processor remove the condition. It concerns especially blocking, performing remedy, completion or disposal of personal data.
We will assist you in protection of your personal data as much as possible. In case you are not satisfied with the solution, you can contact appropriate authorities, especially the Authority for protection of personal data. This provision does not affect your right to contact the Authority for protection of personal data with your suggestion directly.
We are entitled to request reasonable compensation for the processing of personal data, not in excess of the necessary costs of providing the information.
The supervision of the protection of personal data is performed by the Authority for protection of personal data (http://www.uoou.cz).
Our Company and eventual processors of personal data have registered offices in Czech Republic.
3. Google Analytics and cookie files
The web interface uses the Google Analytics service, provided by Google, Inc. (hereinafter only "Google").
3.1. What is Google Analytics service?
Google Analytics service uses "cookie" files, which are text files, saved on the computer of each visitor of the web interface, and which enable an analysis of usage of the web interface.
Information generated by the cookie file about the usage (including the IP address) will be transfered by Google and saved on servers in the United States of America. Google will use the information for the purposes of evaluation of the usage of the web interface and to create reports on the users' activity, intended for us and for the usage of the Internet in general. Google can also provide this information to third parties, should it be required by law or should such third parties process the information for Google. Google will not connect the subject's IP address with any other data available to it.
By using the web interface you agree with processing of data about you by Google by a method and for a purpose described above.
3.2. Can you prevent the saving of cookie files in your computer?
You can refuse the use of cookie files in the appropriate preference in the web browser.
Please, note, that refusal to use cookie files may mean you will not be able to fully use all functions of the web interface.
4. Copyright protection
The contents of web pages, located on the web interface (texts, photos, images, logos etc.), including program features of the web interface and these terms and conditions, are protected by our copyright and may be protected by rights of other entities. You may not alter, copy, duplicate, distribute or use it for any purpose without the consent of our Company or the owner of the copyright. It is especially forbidden to make photos and texts, located at the web interface, available neither free of charge nor against payment.
The names and designations of products, goods, services, firms and companies may be registered trademarks of respective owners.
4.1. How will we proceed in case of copyright violation?
In case the described prohibition is not respected, we will proceed in accordance with Act No. 121/2000 Coll., copyright law, as amended.
Our Company, as an owner of copyrights, is entitled to demand the violation of our copyrights ceases and to request withdrawal of unauthorized copies of protected contents.
We are also entitled to request adequate compensation for incurred damages.
5. Other relationships related to the use of the web interface
5.1. Please, note, that by clicking on any link on the web interface you may leave the web interface and be redirected to web pages of third parties.
5.2. Our Company is not responsible for errors cause by interference of third parties in the web interface or cause by its use in contradiction with its intent. When using the web interface you may not use mechanisms, programs, scripts or other processes, which could have negative impact on its operation, i.e. especially to impair the system's function or to load the system excessively and you also may not perform any activity, which could enable you or any third party to interfere or use the programs or other parts of the web interface in an unauthorized manner and to use the web interface or its parts or software in violation with its intent or purpose.
5.3. We cannot guarantee uninterrupted access to the web interface or flawlessness and safety of the web interface. We are not responsible for damages, caused during access and use of the web interface, including eventual damages incurred after download of data, published at the web interface, damages caused by an interruption of operation, defect of the web interface, computer virii, damages caused by data loss, loss of profit or unauthorized access to transmissions and data.
5.4. If, while using the web interface, you commit any unlawful or unethical action, we are entitled to restrict, suspend or terminate your access to the web interface without any compensation. In such case you are also obliged to compensate our Company in full for damages demonstrably caused by your actions according to this paragraph.
The term and conditions of use are valid and effective from 23.07.2015.
