Association of Czech Film Clubs,
Stonky 860, 68601 Uherské Hradiště, Czech republic
identification number: 61387550
E-mail: email@example.com, phone: +420 604 744 237
1. Introductory provisions
◦ These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Association of Czech Film Clubs, with registered office at Stonky 860, 68601 Uherské Hradiště, identification no: 61387550, registered in the Commercial Register maintained by the Commercial Register of the Commercial Register in Brno, Section L, Insert 433 (hereinafter referred to as the "Seller") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the internet address https://en.lfs.cz/, through a web interface (hereinafter referred to as the "web interface of the shop"). These Terms and Conditions are available at https://my.lfs.cz/podminky/.
The Terms and Conditions further regulate the rights and obligations of the parties in the use of the Seller's website located at https://my.lfs.cz (hereinafter referred to as the "Website") and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his business or independent exercise of his profession when ordering goods.
◦ Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions. The contract of sale is electronically archived by the seller and is not publicly accessible.
◦ The provisions of the terms and conditions are an integral part of the purchase contract.
◦ The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
◦ Legal relations between the Seller and the Buyer not expressly regulated by these Terms and Conditions or by the contract between the Seller and the Buyer shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), as well as related regulations.
For the purposes of these Terms and Conditions and the relationship between the Seller and the Buyer, the following terms shall have the following meanings:
▪ "Event": a concert, theatre or other cultural performance, as well as any other events (exhibitions, conferences, training sessions, fairs, etc.) consisting in the use of leisure time by the consumer at a predetermined time and place.
▪ "Organiser". The organiser may also be the seller.
▪ "Ticket": a document (price ticket) entitling the Ticket holder and other persons in the total number specified in the Ticket to single entry to a specific Event. By presenting the Ticket upon entry to the Event venue, the person enjoying the rights under the Ticket agrees to the operating regulations of the Event venue and submits to the instructions of the Promoter and the terms and conditions of the Event relating thereto.
▪ "Accreditation". By presenting the accreditation upon entering the venue of the Summer Film School, the Purchaser agrees to the operating regulations of the venue of the Summer Film School and submits to the instructions of the Seller and the terms and conditions of the Summer Film School.
2. user account
◦ Based on the registration of the Buyer made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can place orders for goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop. For persons under 15 years of age, registration and consent must be made by a legal representative.
◦ When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
◦ The Buyer has the possibility to detect an error in data entry before placing an order through the user account and from the order confirmation. The Buyer shall have the opportunity and shall be obliged to correct the error made in entering data before placing the order through his user account.
◦ Access to the user account is secured with a user name and password. The Buyer shall maintain the confidentiality of the information necessary to access its user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
◦ The Buyer is not entitled to allow third parties to use the user account.
◦ The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
◦ The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
3. conclusion of the purchase contract
◦ The web interface of the shop contains a list of the goods offered for sale by the Seller together with a description of their main characteristics (e.g. in the case of a ticket, the date of the event, its subject and venue), including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax. The offer for sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods. Section 1732(2) of the Civil Code shall not apply.
◦ The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
◦ To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
▪ the goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the shop),
▪ the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and
▪ information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
◦ Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from entering data in the Order. The Buyer shall send the order to the Seller by clicking on the "Pay online by card" button or the "Pay by bank transfer" button in the Basket section at https://my.lfs.cz/cart/. The data provided in the order shall be deemed correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
◦ Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
◦ The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
◦ If the subject of purchase is a ticket and the organizer of the event is not the Seller, the contractual relationship between the Buyer and the organizer of the event, the content of which is the provision of a leisure service on a predetermined date, in the form of enabling the personal participation of ticket holders in the relevant event for a specified ticket price (hereinafter referred to as the "Contract for participation in the event"), is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address. In such case, the Seller is acting on behalf of and for the account of the Promoter on the basis of an instruction to the extent necessary for the conclusion of the Event Participation Contract between the Promoter and the Purchaser. The execution and performance of the Event Participation Contract, including the timing, quality and scope of the event offered, is the sole responsibility of the relevant Promoter. Unless otherwise expressly stated, all claims under the Event Participation Contract, including the refund of admission fees, shall be made by the Purchaser directly against the Event Organiser in accordance with the Seller's liability for defects under these Terms and Conditions. In addition to the Event Participation Contract, the delivery of the acceptance of the order (acceptance) sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address also establishes a relationship with the Seller to the extent specified in these Terms and Conditions, in particular in relation to the protection of the Buyer's personal data.
◦ The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously breached their obligations towards the Seller.
◦ The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
4. price of goods and payment terms
◦ The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller by wire transfer to the Seller's account No. 199425419/ 0300, maintained at Československá obchodní banka, a. s., ID No.: 00001350, Prague 5, Radlická 333/150, Postal Code 15057 (hereinafter referred to as the "Seller's account").
◦ Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
◦ The purchase price is payable within 7 days of the conclusion of the purchase contract.
◦ The buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. The Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled to require payment of the full purchase price before the goods are sent to the Buyer.
◦ Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
◦ If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
5. withdrawal from the purchase contract
◦ The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the contract, among other things
▪ for the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period,
▪ for the supply of goods and services, the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period,
▪ for the delivery of alcoholic beverages which may be delivered after the expiry of the 30-day period and the price of which depends on financial market fluctuations independent of the entrepreneur's will,
▪ the delivery of goods which have been customised according to the consumer's wishes or for the consumer,
▪ the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
▪ repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
▪ the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
▪ the supply of an audio or visual recording or computer program if the original packaging has been damaged,
▪ the delivery of newspapers, periodicals or magazines,
▪ for accommodation, transport, catering or leisure services, if the entrepreneur provides these services within the specified period,
▪ concluded on the basis of a public auction pursuant to the law governing public auctions, or
▪ for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period.
◦ Unless the case referred to in Article 1 or any other case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829 of the Civil Code. Withdrawal from the purchase contract must be sent to the seller within fourteen (14) days from the date of conclusion of the contract and in the case of
▪ purchase contract, from the date of receipt of the goods,
▪ a contract involving several types of goods or the delivery of several parts, from the date of receipt of the last delivery of the goods, or
▪ a contract for the regular and repeated delivery of goods, from the date of receipt of the first delivery of goods.
◦ The Purchaser may send the withdrawal from the Purchase Contract to, inter alia, the Seller's business address or the Seller's e-mail address.
◦ In case of withdrawal from the contract according to Article 2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within 14 days of withdrawal. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging. In the event of withdrawal, the consumer shall bear the costs of returning the goods. If the goods cannot be returned by normal postal means, the cost of returning the goods will be the same as the cost of delivery.
◦ The buyer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun.
◦ In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within fourteen (14) days of withdrawal from the Contract and in the same manner. The Seller shall return the funds received by the Buyer in another way only if the Buyer agrees to this and if no additional costs are incurred. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered. The Seller is not obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that it has dispatched the goods to the Seller. The Seller may add to the purchase price to be refunded to the Buyer its actual costs incurred in returning the goods.
◦ In case the subject of the contract is a ticket, accommodation or accreditation to the Summer Film School Uherské Hradiště event, the buyer has the right to cancel the contract according to Article 2 of the Terms and Conditions (unless this right is excluded according to Article 5.1 of the Terms and Conditions) by paying a cancellation fee of 10% of the price within the period until 31 July of each calendar year, and 50% of the price within the period from 1 August of each calendar year until 7 August of each calendar year. The obligation under the contract shall be cancelled by payment of the severance payment in the same way as in the case of withdrawal from the contract. The severance payment shall be credited against the price paid and the remaining part of the price shall be returned by the Seller to the Buyer within 30 days of cancellation to the bank account from which the price was paid. However, due to the current situation, the Seller will treat each case individually in 2020 with the utmost friendliness and understanding.
◦ The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to the Buyer. The Seller shall be entitled to unilaterally offset the claim for reimbursement of the purchase price against the Buyer's claim for reimbursement of the purchase price.
The Seller is entitled to withdraw from the purchase contract at any time until the Buyer has accepted the goods. In this case, the Seller shall return the funds received to the Buyer without undue delay, without cash to the account designated by the Buyer.
◦ If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the goods.
◦ The buyer may use this withdrawal form to withdraw from the contract:
Addressee: Association of Czech Film Clubs, with registered office at Stonky 860, 68601 Uherské Hradiště I/we hereby notify (*), that I/We hereby withdraw (*) from the contract for the purchase of these goods (*)/the provision of these services (*) Date of order (*)/date of receipt (*) Name and surname of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only if this form is sent in paper form) Date (*) Delete as appropriate or fill in the details.
6. transport and delivery of goods
◦ The Seller shall be entitled not to commence transportation of the goods until the Purchase Price has been duly and timely paid by the Buyer.
◦ The method of delivery of the goods shall be determined by the Seller unless otherwise specified in the Purchase Agreement. In the event that the method of delivery is agreed upon at the Buyer's request, the Buyer shall bear the risk and any additional costs associated with such method of delivery, in which case the effects of the handover to the Buyer shall commence upon the handover to the first carrier.
◦ In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
◦ Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier of such defects. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has been intact.
◦ Other rights and obligations of the parties in the carriage of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
◦ The risk of damage to the goods passes to the buyer at the same time as the goods are accepted.
7. rights from defective performance
◦ The rights and obligations of the contracting parties with regard to the seller's liability for defects are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
◦ The Seller is liable to the Buyer for the fact that at the time the Buyer took over the object of purchase,
▪ the object of purchase has the characteristics agreed between the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
▪ the object of purchase is fit for the purpose for which the seller states it is to be used or for which a thing of that kind is usually used,
▪ the object of purchase corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
▪ the object of purchase complies with the requirements of the legislation,
▪ the object of purchase is in the appropriate quantity, measure or weight,
▪ and the object of purchase complies with the legal requirements.
◦ The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in the case of used goods corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
◦ The buyer is obliged to notify the seller that the object of purchase has defects without undue delay after discovering them. When exercising the right of defects, the buyer is obliged to specify how the defect manifests itself, to indicate the choice of the right of defects he claims and to state whether he will collect the goods personally after the end of the procedure for exercising the right of defects or whether the goods are to be sent to his address.
◦ The buyer is obliged to prove that his right of defect is justified, in particular that he purchased the item from the seller and when he purchased it. In the case of sending the goods by shipping service, it is particularly advisable to send a copy of the purchase receipt. The right to claim for defects is deemed to have been duly exercised if the goods claimed are complete and supported by the necessary documents. In the case of sending defective goods for complaint, the buyer is obliged to hand over the goods complete and in suitable packaging material that meets the transport requirements of the goods delivered - preferably in the original packaging. The Seller is not obliged to accept the goods for complaint if they are not suitably packaged and delivered with the parts and accessories supplied. The goods claimed will only be accepted for claim if the goods are properly cleaned, dried and the assessment of the claim is not prevented by general principles of hygiene.
◦ The Buyer, in case he sends the goods to exercise the right of defects through a postal service provider, is obliged to mark the parcel containing the defective goods and the above mentioned documents with the inscription "COMPLAINT" and to provide sufficient contact details, in particular address and telephone number.
◦ If the item does not have the characteristics set out in Article 7.2 of these Terms and Conditions, the Buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the item, the Buyer may only demand the replacement of the part; if this is not possible, the Buyer may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge. The buyer is obliged to inform the seller of his chosen right when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract.
◦ If the buyer fails to exercise his right in time, he is only entitled to the removal of the defect or to a reasonable discount on the purchase price.
◦ The buyer has the right to have a new item delivered or a part replaced even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
◦ When a new item is delivered, the buyer shall return the originally delivered item to the seller at the seller's expense.
◦ The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
▪ if there has been a change in condition as a result of an inspection for the purpose of discovering a defect in the goods,
▪ if the buyer used the item before the defect was discovered,
▪ if the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission; or
▪ if the buyer sold the thing before the defect was discovered, consumed it or altered it in the course of normal use; if this happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he benefited from the use of the thing.
◦If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace a part of the item or repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer significant difficulties to remedy the defect.
◦ If the buyer has not notified the defect in time, the buyer shall lose the right to withdraw from the contract.
◦ The buyer shall be entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt, unless the defect is a defect in the goods sold at a lower price for which the lower price was agreed, wear and tear caused by normal use, a defect in the used goods corresponding to the level of use or wear and tear that the goods had when the buyer took them over, or the nature of the goods so requires. If the defect manifests itself within six months of receipt, the thing shall be deemed to have been defective when it was taken over.
◦ The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the thing had a defect or if the buyer himself caused the defect.
◦ The buyer's rights under the defect are exercised by the buyer at the seller's place of business at Stonky 860, 68601 Uherské Hradiště, Czech Republic. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer. The Seller shall issue a written confirmation to the consumer of when the consumer exercised the right, what is the content of the complaint and what method of handling the complaint the consumer requires.
◦ The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period.
◦ The Seller, after having settled the complaint, shall issue to the Buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair, if the complaint was settled by repair, or a written justification for the rejection of the complaint.
8. other rights and obligations of the parties
◦ The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
◦ The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to take any action that could allow him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.
◦ The Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the web interface of the shop when using the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.
◦ The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 1 (e) of the Civil Code.
◦ The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
◦ The Seller reserves the right to change the programme of the Summer Film School without giving rise to any claims by the Buyer for defects in performance, provided that the thematic focus and reasonable time scale of the programme are respected.
◦ Disputes between the Seller and the Buyer may also be resolved out of court. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. It is also possible to use the online dispute resolution platform for resolving disputes between the Seller and the Buyer under the Purchase Contract, located at http://ec.europa.eu/consumers/odr.
◦ The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
◦ The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. protection of personal data and sending commercial communications
◦ The protection of personal data of the purchaser, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the instruction of data subjects (hereinafter referred to as "GDPR").The Association of Czech Film Clubs, as the controller of personal data under the GDPR (hereinafter referred to as the "Controller"), hereby informs you about the processing of your personal data and about your rights in accordance with Article 12 of the GDPR.
◦ Purpose of processing personal data:
▪ to ensure the conclusion and subsequent performance of a contractual obligation between the controller and the data subject (Article 6(1)(b) GDPR).
▪ in the context of the controller's compliance with its legal obligations (Article 6(1)(c) GDPR) (in particular, the controller's tax and accounting obligations).
▪ For the protection of its legitimate interests (Article 6(1)(f) GDPR), which is the proper and timely performance of the agreed contractual obligation between the controller and the data subject, the fulfilment of the legal obligations arising for the Operator from the contractual relationship between the controller and the data subject, including any complaints procedures, the protection of the controller's proprietary interests for possible litigation.
▪ For marketing purposes, for the Controller to best tailor the offer of its products and services (e.g. room occupancy and avoiding overcrowding).
▪ For commercial communications by the controller, where the data subject's unambiguous informed consent is required for this purpose, which is given separately and is not addressed in these terms and conditions (Article 6(1)(a) GDPR)
◦ Categories of personal data subject to processing:
▪ In view of the above, the controller processes address and identification data used to uniquely and unmistakably identify the data subject (e.g. name, surname, title, date of birth, permanent address, VAT number, tax identification number) and data enabling contact with the data subject (contact details - e.g. delivery address, telephone number, fax number, e-mail address and other information of a similar nature), hereinafter referred to as "personal data".
◦ Categories of recipients of personal data:
▪ State, etc. authorities in the performance of their statutory obligations under the relevant legislation
▪ service provider
▪ postal carrier
▪ processor (in particular accountant and tax advisor)
◦ Method of processing and protection of personal data:
▪ The processing of personal data is carried out by the controller. Processing is carried out at the controller's premises by individual authorised employees of the controller or by the processor. The processing of data is carried out by means of computer technology on the basis of electronic records or, in the case of personal data in paper form, manually, in compliance with all security principles for the management and processing of personal data. To this end, the controller has taken technical and organisational measures to ensure the protection of personal data, in particular measures to prevent unauthorised or accidental access to, alteration, destruction or loss of personal data, unauthorised transmission, unauthorised processing or other misuse of personal data. All entities to which personal data may be disclosed shall respect the right of privacy of data subjects and shall comply with applicable data protection legislation.
▪ If the data subject does not provide his/her personal data, it is not possible to conclude a contract with the controller and/or to provide the services resulting from it. In this context, the personal data is necessary for the provision of a specific service or product by the controller.
▪ The data subject is obliged to provide only true and accurate personal data to the controller.
◦ Duration of data processing:
▪ The personal data will be processed for the duration of the contract negotiations between the controller and the data subject, for the purpose of concluding the contract, as well as for the duration of the contractual relationship or for the period specified in the consent.
▪ In the event of the conclusion of a contract pursuant to the Controller's Terms and Conditions, personal data will be processed and stored for the following 36 months in the event of a dispute concerning the relationship between the Controller and the data subject, in order to protect the legitimate interests of the Controller.
▪ For the purpose of fulfilling the legal obligation to archive accounting documents on the basis of Act No. 563/1991 Coll., on Accounting, as amended, personal data (except for email address and telephone number) will be further processed and stored for a period of 5 years starting from the year following the year in which the contract between the controller and the data subject was concluded.
After the expiry of the aforementioned period, the controller will destroy the personal data.
◦Instruction on the rights of the data subject:
◦ The data subject shall also have the right to:
▪ To be informed of the processing of his/her personal data
1. The data subject shall be entitled to request information from the controller as to whether or not personal data are processed. If personal data are processed, the data subject shall have the right to request information from the controller, in particular, on the identity and contact details of the controller, its representative and, where applicable, the data protection officer, on the purposes of the processing, on the categories of personal data concerned, on the recipients or categories of recipients of the personal data, on the legitimate interests of the controller, on the list of the data subject's rights, on the possibility of contacting the Data Protection Authority, on the source of the personal data processed and on automated decision-making and profiling.
2. If the Controller intends to further process the data subject's personal data for a purpose other than that for which they were collected, it shall provide the data subject with information about that other purpose and other relevant information before that further processing.
▪ Request access to his or her personal data from the controller
1. The data subject is entitled to request information from the controller as to whether or not his/her personal data are processed and, if so, to access information on the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients, the period of retention of the personal data, information on the rights of the data subject, information as to whether automated decision-making and profiling are involved and information concerning the procedure used and the significance and likely consequences of such processing for the data subject, information and safeguards in the event of transfers of personal data to a third country or an international organisation. The data subject has the right to be provided with copies of the personal data processed. However, the right to obtain such a copy shall not adversely affect the rights and freedoms of others.
▪ To rectify the Personal Data provided
1. If there has been a change on the part of the data subject, for example, in his or her place of residence, telephone number or other fact which may be regarded as personal data, the data subject has the right to request the controller to rectify the personal data processed. In addition, the data subject shall have the right to have incomplete personal data completed, including by providing an additional declaration.
▪ To erasure of Personal Data (right to be forgotten)
1. The subject has the right to request the erasure of personal data from the controller. Erasure may be requested by e-mail sent to firstname.lastname@example.org.
▪ These rights can be exercised by logging into the MyLFS account at https://my.lfs.cz/ or by emailing email@example.com.
▪ Any data subject who becomes aware or believes that the controller or processor is carrying out processing of his or her personal data which is contrary to the protection of the data subject's private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to the purpose of the processing, may:
▪ Request an explanation from the controller by email to firstname.lastname@example.org.
▪ Object to the processing and request, by e-mail to email@example.com, that the controller ensure that the situation thus arising is rectified. In particular, this may involve blocking, rectifying, supplementing or erasing the personal data.
▪ If the data subject's request is found to be justified, the controller shall rectify the defective situation without delay.
▪ If the controller does not comply with the data subject's request, the data subject has the right to apply directly to the supervisory authority, i.e. the Office for Personal Data Protection.
▪ The procedure does not preclude the data subject from making a complaint directly to the supervisory authority.
▪ The personal data of data subjects will not be transferred to a third country or an international organisation.
◦ Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through the postal service provider (at the sender's option). The Buyer shall be delivered to the e-mail address specified in his/her user account.
◦ Supervision over compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is exercised by the Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, Czech Republic.
◦ The Seller is authorised to sell goods on the basis of a trade licence and the Seller's activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the Municipal Office of Uherské Hradiště - Trade Department, Protzkarova 33, 686 01 Uherské Hradiště (mesto-uh.cz).
◦ Supervision of personal data protection is exercised by the Office for Personal Data Protection, Sochora 27, 170 00 Prague 7 (uoou.cz).
12. final provisions
◦These terms and conditions, including the information on the processing of personal data, are effective from 1 July 2021. These terms and conditions are valid in the version stated on the Seller's website on the date of conclusion of the purchase contract.
◦ If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
◦ If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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. Amendments to the contract of sale or the terms and conditions shall be in writing.
◦ These terms and conditions allow the consumer to archive and reproduce them. At the moment of conclusion of the purchase contract, the buyer accepts all the provisions of the terms and conditions in the version in force on the date of dispatch of the order, including the price of the goods ordered as stated in the confirmed order, unless otherwise demonstrably agreed in a particular case.
◦ Contact details of the Seller: delivery address Stonky 860, 68601 Uherské Hradiště, Czech Republic, e-mail: firstname.lastname@example.org, phone: +420 604 744 237
In Uherské Hradiště on 1. 7. 2021