USE OF PETR ČECH E-SHOP SERVICES AND TERMS OF REGISTRATION
(hereinafter the “Conditions”)
Operator: SCP-SPORT CONNECTING PEOPLE,s.r.o., Lhota, Fučíkova 38, PSČ 27301, ID No. (IČ): 25776304, registered with the Municipal Court in Prague, file No. C 69214 (hereinafter the “Seller”) is a company incorporated and existing under the laws of the Czech Republic and the authorised operator of the AUCTION section of the internet server eshop.petr-cech.com, on which it also ensures the registration of Users, the auction process and other services (hereinafter the “auction system”).
User: Any natural or legal person with full legal capacity who or which registers pursuant to these Conditions.
Buyer: A User who has complied with the auction system Conditions and within the given time-frame made the highest financial offer (bid) for the conclusion of a purchase agreement in respect of the goods offered by the auction system.
All proceeds or a part of the proceeds from realised auctions shall always be deposited by the Seller into a transparent account owned by Nadace Pohyb bez pomoci for charitable purposes, where any and all payments shall be made at the end of the month in favour of transparent account No. 35-9500700207/0100, administered by Komerční banka.
1. REGISTRATION OF USERS FOR THE AUCTION SYSTEM
1.1 Registration: The access to and the use of the services of the auction system is subject to the completion by the User of a registration form accessible at the internet page eshop.petr-cech.com (hereinafter the “Registration”).
The registration form contains the following mandatory items:
A User who is a natural person is obliged to provide as part of the Registration his name, surname, email address, user name and password.
1.2 Acceptance of Conditions: Successful Registration and the use of the auction system is subject to the User’s granting its consent to these Conditions as well as the processing of its personal details. The User grants such consent by ticking off the “I agree to the Conditions and the processing of my personal details” field, which is located in the Registration form. By finishing the Registration, the User subjects itself to the Conditions and expressly agrees to any and all of the terms thereof, whereby the User undertakes to adhere to the rules set forth therein.
1.3 Personal details: For the purposes of the Registration, the User is obliged to provide accurate and complete registration details. Such details provided during the course of the Registration may be supplemented or altered by the User at any time but for its email address. The User takes note of the fact that some of these details shall constitute personal details for the purposes of Act No. 101/2000 Coll., on Personal Details Protection.
1.4 Personal details: The User agrees that its user name may be displayed to third persons in the auction system during individual auctions. In particular, the first name and the initial letter of the surname shall be displayed.
1.5 Cancellation of Registration: The Seller may cancel the User’s Registration provided that:
1.5.1 The User withdraws its consent with the auction Conditions;
1.5.2 The Seller becomes aware of either a material breach of these Conditions by the User or any actions by the User which damage the Seller’s repute.
2. GENERAL CONDITIONS FOR THE USE OF THE AUCTION SYSTEM
2.1. Auction system profile: The auction system constitutes a public means of selling the Seller’s goods, where the purchase price is determined during the course of an auction by the offers for the conclusion of a purchase agreement – bids by the Users who wish to conclude a purchase agreement as Buyers.
2.2 Risks involved in the use of the auction system: The User bears any potential risk arising from and connected to the use of the auction system. The User may not manipulate the results of the auction or the price of the goods on auction personally or via a third person in any manner. The User shall keep its user account and the password thereto secret and shall not impart said password to other persons. The Seller shall not be liable for the loss of passwords or their potential abuse.
3. THE AUCTION PROCESS
3.1 The auction takes place in the form of a public competition for the most favourable offer for the conclusion of a purchase agreement, where the subject of such purchase agreement are the goods offered for sale by the Seller and where the sole criterium for the selection of the most favourable offer is the offered purchase price.
3.2 Description of the auction: The goods offered by the Seller via the auction system are put up for sale using an electronic form which contains the following: description of the goods, beginning of the auction, duration of the auction (deadline until which offers may be made), the ask price and the deadline for notification of the winning offer, by which the Seller shall confirm its acceptation of the winning offer and, by the same token, the rejection of the remaining offers. The ask price constitutes the initial price. The minimum sale price (reserve) of the offered goods comprises the sum of the ask price and the minimum bid. Any prices indicated by the Seller shall include VAT.
3.3 Duration of the auction: The time during the course of which offers for the conclusion of a purchase agreement may be made is determined by the Seller and constitutes the duration of the auction – that is to say the time during which Users may submit their bids – offers for the conclusion of a purchase agreement; for the purposes of measuring the auction’s duration, the time shown by the auction system shall be decisive.
3.4 Bid: Given that the substantive parts of the purchase agreements are defined by the Seller, the Buyer is entitled to offer the purchase price only. The Seller is obliged to conclude a purchase agreement with the User who has offered the highest purchase price by means of a bid. The minimum bid is EUR 4, unless stated otherwise. A bid represents the User’s offer for the conclusion of a purchase agreement which the User has made as Buyer via the auction system.
3.5 Extension of the auction: An auction shall always be extended by another three minutes whenever a bid has been made within the last three minutes of the auction. The auction shall end once the Users have stopped bidding, thus leaving a single active bid unbeaten.
3.6 Notification of acceptance: An offer for the conclusion of a purchase agreement shall be deemed to have been accepted by the Seller the moment the Seller has after the the end of the auction contacted the Buyer, who offered the highest purchase price by means of a bid, using an automated email sent by the auction system. Should a User repeatedly withdraw its offer for the conclusion of a purchase agreement, the Seller reserves the right to ban such User from using the auction system. Auction participants whose bids were unsuccessful shall be informed of such fact by not receiving a confirmation of acceptance within 48 hours of the end of the auction.
3.7 Payment: Payment for the goods subject to sale may be made using bank transfer.
3.8 Delivery: The goods are delivered by contractual partners according to the pricing terms set out at eshop.petr-cech.com/shipping-and-payment.
3.9 If, for objective reasons, the goods cannot be delivered to the Buyer (e.g. because the goods have been damaged substantially during its storage or transport), the purchase agreement shall terminate as of the date of finding such objective reasons, and the Seller shall return to the Buyer the sum of the purchase price as well as any other expenses incurred by the Buyer in connection with the purchase of the goods.
4. PROTECTION OF PERSONAL DETAILS
4.1 Registration as well as the use of the auction system is subject to the User’s grant of consent with the processing of personal details. Simultaneously with the completion of the Registration pursuant to Article I of the Conditions, the User expressly agrees that its personal details (hereinafter the “Personal details”) may be saved in the Seller’s database and processed by, potentially, an independent processor for the purposes of offering products and services, including the distribution of information about events, products and other activities, as well the sending of promotional information via electronic media pursuant to Act No. 480/2004 Coll., and further that such consent is granted until it is withdrawn or the Personal details are updated. The User moreover agrees that the Seller is entitled to attach to the end of its sent and/or received messages the so-called commercial footers. The User hereby acknowledges its rights pursuant to Sections 11 and 21 of Act No. 101/2000 Coll., in particular the fact that the provision of Personal details is voluntary, that it may at any time withdraw its consent in written form at the Seller’s business address, free of charge, that the it may access and alter its Personal details, block incorrect Personal details, liquidate them, etc. In case a User has doubts as to the observance by the Personal details administrator of its rights, the User may contact the Seller in this regard or submit a motion to the Personal Data Protection Office directly, at Pplk. Sochora 27, Prague 7.
Should a User wish for its Personal details processed by the Seller to be altered, it may ask the Seller to do so at its business address or at email@example.com.
5.1 User activities: The Seller bears no liability for any activities of Users using the auction system or the manner in which they use the auction system. The Seller is furthermore not liable for any potential abuse of the auction system by Users or third parties.
5.2 Warning: The Seller provides the auction system service pursuant to the terms of these Conditions and offers no guarantee to Users as to the fitness of the auction system service for a particular individual use by the User.
5.3 Liability for damage: The Seller is liable for damage caused by its breach of statute or these Conditions. Unless statute provides otherwise, the Seller is not liable for damage caused to Users or third parties where such damage was incurred:
a) as a result or in connection with the use of the auction system without demonstrable fault on part of the Seller;
b) as a result of technical difficulties or outages of the auction system;
c) as a result of unauthorised or inappropriate use of the auction system by a User;
d) as a result of the provision of incorrect Personal details by a User.
6. RESTRICTION OF ACCESS TO THE AUCTION SYSTEM
6.1 Termination/ restriction of access to the auction system: The Seller reserves the right to deny to a User the provision of the auction system service where the User has breached these Conditions or statutory provisions to a substantial degree or where the User’s actions tarnish the Seller’s repute.
7. CONCLUDING PROVISIONS
7.1 Amendment of the Conditions: The Seller reserves the right to amend the Conditions of the use of the auction system for the purposes of auctions held after the date on which such amendment to the Conditions has become legally effective. Any and all amendments to the Conditions shall be carried out pursuant to the Czech laws in effect. New versions of the Conditions shall become valid and legally effective upon their publication at the webpage eshop.petr-cech.cz. Any changes shall be incorporated into the text of the Conditions and such new, amended Conditions shall be published anew in their entirety.
7.2 User’s duty to take note of changes of Conditions: The User is obliged to familiarise itself regularly, i.e. during each visit to the webpage eshop.petr-cech.com, with any new amendments to the Conditions. Should the User continue to use the auction system after the realisation of changes to the Conditions, such User shall be deemed to have agreed to the changes to the Conditions in their entirety.
7.3 These Conditions become valid and legally effective upon their publication on the webpage eshop.petr-cech.com.