Terms and conditions

 

The user’s and operator’s mutual rights and obligations, especially the rights and obligationsderiving from this purchase contract, are governed by these terms and conditions (hereinafterthe “terms and conditions”)

 

I. Definitions

1.1. “E-shop” means a computer program – Internet application, which is available throughthe Internet and its web address www.pilotshop.cz. Its primary functionality rests in thedisplaying, selecting, and ordering of goods by the user. The “purchase contract” meanspurchase contract according to the provisions of Art. 2079 and Civil Code concluded betweenthe operator, as the seller, and the user, as the buyer, through the E-shop.

1.2. “Shopping cart” means a part of the E-shop that is automatically generated throughcorresponding functions by the user during his communication in the E-shop’s userenvironment, especially through adding goods and/or changing the amount of selected goods.

1.3. “Civil Code” means Act No. 89/2012 Coll., Civil Code, as amended.

1.4. “Operator” means OK AVIATION BASE, s.r.o., org. ID No. 28239059, Tax ID No.:CZ699004298, located at Drásov 201, 261 01 Drásov.

1.5. “Consumer” means the user – person who concludes the contract with the operator ornegotiates with him otherwise, all beyond the consumer’s business activities or the frame ofhis occupation.

1.6. “User” means any entity or individual who uses the E-shop.

1.7. “Goods” means an item for sale offered by the operator to the user through the E-shopand if the goods come with a licence, then including a licence to the goods.

1.8. “User account” means the user’s ability to automatically access his user interface afterregistration.

 

II. Contract Concluding Process

2.1. The operator offers the possibility of concluding a purchase contract through the E-shop.The operator’s offer to conclude a purchase contract comes in the form of a button displayedin the E-shop’s user interface. The button says “Complete Order”.

2.2. Once the user clicks on the given button marked “Complete Order”, it is considered as hisunconditional acceptance of the operator’s offer to conclude a purchase contract according topar. 2.1 of these terms and conditions.

2.3 A contractual relationship between the operator and user is established when the operatorsends his order acceptance confirmation to the user through the e-mail to the user’s e-mailaddress.

2.4. The user pledges to complete the E-shop user environment text fields truthfully andcompletely and to provide his delivery address, if necessary. The user acknowledges that theoperator will reasonably find the user’s entered data correct and complete and that he is notauthorized to check the entered data.

2.5. All the goods presented in the E-shop user environment are only informative, and theoperator is not obliged to conclude any contract in connection with these goods. The provisionof Art. 1732 par. 2 of the Civil Code will not apply.

 

III. Purchase Contract

3.1. Upon concluding the purchase contract, the following provisions enter into force:

3.1.1 The user purchases from the operator his goods, which the user selected in the E-shopuser environment by putting them into a shopping cart in the amount that the user selectedand/or set for the given goods in the E-shop user environment, and the user pledges to pay theoperator a price for those goods that is specified for such goods in the E-shop userenvironment.

3.1.2 The operator may withdraw from the purchase contract for any reason or with no reasonspecified before the goods are sent to the user. If the operator legally informs the user of itsinability to deliver the goods ordered by the user, it is also considered a withdrawal from thepurchase contract.

3.1.3 At any time, the operator may ask the user to confirm his order again, and he may delaythe delivery of goods to the user until the user confirms his order.

3.1.4 The goods packaging method is exclusively specified by the operator. As a result, theprovision of Art. 2097 of the Civil Code becomes excluded.

3.1.5 The user is obliged to pay the operator’s costs associated with the packaging anddelivery of the given goods to the user in the amount specified for a given order in the E-shopuser environment.

3.1.6 In the E-shop user environment, the user may select from the displayed paymentmethods concerning the goods purchase price and other potential fees payable to the operator.

3.1.7 If any of the payment methods includes the information on costs of such a paymentmethod completion, the user is obliged to cover the costs of such a payment methodcompletion specified for a given payment.

3.1.8 The operator stipulates its property right to the goods that are the subject of the purchasecontract until the user pays the goods purchase price in full.

3.1.9 The operator pledges to deliver its goods to the user within a reasonable period of timefrom the purchase contract closure. All the goods delivery periods specified in the E-shop userenvironment are only indicative.

3.1.10 The operator will provide the user with its tax document – hard-copy invoice senttogether with dispatched goods to the user’s address specified together with its order placed inthe E-shop user environment.

3.1.11 The operator provides the user with its 2-year statutory warranty for its goods, unlessthe given goods feature a longer warranty period in the E-shop user environment.

3.1.12 The risk of loss, damage, and/or destruction of the goods that is the subject of thepurchase contract gets transferred to the user, who is the consumer, at the moment of thegiven goods acceptance.

3.1.13 The costs associated with the exchange of purchased goods, unless otherwise agreed, are always paid by the User. The exchange of goods is charged at the current rate indicated by the Operator on its e-shop.

 

IV. Price and Terms of Payment

4.1. The specified prices of goods include VAT. The prices of goods are valid as long as theyare displayed in the shop’s web interface. This provision does not limit the seller’s ability toconclude a purchase contract under individually agreed conditions.

4.2. The buyer may pay the price of goods and potential costs associated with the goodsdelivery per the purchase contract to the seller in the following ways:

4.2.1 Cash on delivery at the user-specified location specified in the order

4.2.2 Cashless through a payment card in the operator’s web interface

4.2.3 Cashless through a bank transfer completed in the operator’s web interface

4.2.4 In the case of a bank transfer-based cashless payment, the user is obliged to specify theoperator-specified variable symbol.

4.2.5. In the case of a cashless payment, the user’s obligation to pay the purchase price is metonce a corresponding amount is credited to the operator’s bank account.

4.2.6 Pursuant to the Act on Recording Revenues, the seller is obliged to issue a bill to thebuyer. At the same time, the seller is obliged to register the received revenues with the taxadministrator online, in the event of a technical failure, within 48 hours at the latest.

 

V. User Account

5.1. The user may create his user account through Registration.

5.2. The user is obliged to enter his access data before accessing his user account.

5.3. The user’s identification data entered during his registration is considered data enteredduring ordering of all goods.

5.4. The user must not provide his access data or any user account access to any third parties.The user is obliged to take all the adequate measures to keep it confidential. The user is fullyresponsible for any unauthorized use of this access data or user account and any lossresultantly caused to the operator or third parties. In the case of a loss, theft, or any otherinfringement of his right to use these passwords, the user is obliged to immediately share thisfact with the operator. The operator will provide the user with his new access data within anadequate period of time.

5.5. The operator may cancel the user account, especially when the user does not use hisaccount for more than 36 months or if the user violates his obligations deriving from thepurchase contract (including the terms and conditions).

5.6. The user acknowledges that the user account may not be available continuously,especially with regards to the necessary maintenance of the operator’s hardware and softwareequipment, including the necessary maintenance of third parties’ hardware and softwareequipment.

 

 

VI. Withdrawal from the Purchase Contract

6.1. As per the provisions of Art. 1829 par. 1 of the Civil Code, the consumer may withdrawfrom the purchase contract within fourteen (14) days from his goods acceptance. If thepurchase contract subject includes a few types of goods, this period starts upon the last goodsdelivery acceptance. A withdrawal from the purchase contract must be announced to theoperator (as the seller) within the period specified in this paragraph.

6.2. If the consumer withdraws from the purchase contract, he is obliged to provide his bankaccount number in writing, so it is possible to return the goods purchase price, which may bereduced due to applicable legal reasons.

6.3. If the consumer withdraws from the purchase contract due to goods that are returneddamaged and/or worn to the operator, especially without their original goods marking, theconsumer is obliged to compensate the operator for its costs of returning the goods to theiroriginal condition.

6.4. The operator is authorized to unilaterally offset its incurred loss claim against theconsumer’s purchase price claim.

6.5. If the consumer withdraws from the purchase contract and the given goods are returned tothe operator, the operator is obliged to return the goods price to the consumer without anyunnecessary delay, not later than within 14 days from the acceptance of goods returned by theconsumer.

6.6. If a gift is provided to the consumer together with the goods, their gift agreementconcluded between the operator and consumer includes a cancellation condition, based onwhich their gift agreement on such a present expires if the consumer withdraws from thepurchase contract, and the consumer is obliged to return his gift provided by the operator tothe operator together with the goods.

6.7. The operator utilizes the possibility of out-of-court handling of consumer complaints. Acomplaining consumer may contact the operator’s responsible representative through thee-mail address miriam.parizkova@ok-aviation.cz 

 

 

VII. Goods Transport and Delivery

7.1. If a method of transport derives from the consumer’s special request, the consumercarries this risk and any potential additional costs resulting from this method of transport.

7.2. If it is necessary to deliver goods repeatedly or in a method different from the order dueto the consumer-related reasons, the consumer is obliged to pay the repeated goods deliverycosts or costs associated with the method of goods delivery.

7.3. Upon acceptance of goods from the carrier, the consumer is obliged to check the goodspackaging integrity, and in the case of any defects or doubts, the consumer must immediatelyinform the carrier. If any damaged packaging indicates any unauthorized interference with thedelivery, the consumer does not have to accept the delivery from the carrier.

 

 

VIII. Defective Performance Rights

8.1. The contracting parties’ rights and obligations concerning the right for compensation dueto defective performance are governed by the corresponding generally binding legalregulations (especially the provisions of Art. 1914 – 1925, 2099 – 2117, and 2161 – 2174 ofthe Civil Code).

8.2. The operator is responsible to the consumer for the flawless condition of its goods upontheir acceptance. The operator is especially responsible for the fact that when the consumer isaccepting the goods:

8.2.1 The goods’ features are identical to the features agreed by the parties, and if there is nocorresponding provision, the goods’ features are those which the operator or manufacturerdescribed or which the consumer expected, considering the goods character and theirassociated advertising,

8.2.2 The goods suit the purpose specified by the operator or for which they are usuallyused,

8.2.3 The goods’ amount, dimensions, or weight is correct,

8.2.4 The goods meet the legal regulations requirements. The provisions specified in Art. 7.2to 7.2.4 will not apply to any goods sold at a reduced price due to a defect for which thereduced price was arranged.

8.3. If a defect surfaces during six months from acceptance, it is understood that the goodswere already defective during their acceptance. The consumer may exercise his right based ona consumer goods defect within 24 months from acceptance.

8.4. The consumer may exercise his defective performance right with the operator at itsfacility’s address or its business facility. The moment of claim is the moment at which theoperator received its defective goods from the consumer.

 

 

IX. Personal Data Protection

9.1 The information concerning Consumer/User represents so-called personal data within themeaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of27 April 2016 on the protection of natural persons with regard to the processing of personaldata and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”). And pursuant to the Personal Data Processing Act No. 110/2019 Coll. of 24.4.2019

9.2 Consumer´s/User´s personal data means in this case:
Name and surname
Invoicing address and delivery address
Telephone and e-mail contacts

9.3 Consumer´s/User´s personal data shall only be processed by the Operator (Controller inthis case) for the purpose of the possibility of completing the Consumer´s/User´s order, andshall be processed and saved in the Operator´s database.

9.4 The Consumer/User has the right to ask the Operator/Controller at any time in writing todelete their personal data from the database. However, this is without prejudice of theOperator´s/Controller´s obligation to keep the invoicing data in accordance with the statutorytime limit.

9.5 Consumer´s/User´s personal data will only be transferred to a third party to the extentnecessary for the final processing of the order, i.e. namely to the e-shop´s administrator andthe shipping companies ensuring the finalization of the order. The Operator/Controller hasentered into a separate agreement to process the provided personal data with such thirdparties.

9.6 If the Consumer/User believes that their personal data processing contradicts the legalregulations, they will have the right to contact the Operator/Controller with a request to makeremedy. If such a request is found and justified, the Operator/Controller shall promptlyeliminate the defective condition. This does not affect the Consumer´s/Controller´s option tofile a complaint with the Office for Personal Data Protection about contradicting processing oftheir personal data.

 

X. Final Provisions

10.1 The operator declares that its data records in its E-shop and electronic system is reliable,and that data is collected systematically, gradually, and it is protected against modifications.

10.2 Due to a technical error, the E-shop may display a goods purchase price, whichsignificantly differs from the regular market price of such goods. In such a case, the operatoris not obliged to deliver the given goods at the displayed purchase price. It will contact theuser and provide him with the real purchase price of the given goods. The user may decidewhether he will accept the goods for the real purchase price,

10.3. The user acknowledges that the E-shop goods photos may be indicative or possiblymisleading due to their transfer to the user’s technical viewing equipment. That is why theuser is always obliged to familiarize himself with the whole description of the given goodsand contact the operator if there are any doubts.

10.4. The operator’s contact information for its communication with the user is specified inthe E-shop user interface, specifically in the Contacts section.

10.5. These terms and conditions, including purchase contracts, are governed by the law ofthe Czech Republic, especially the Civil Code.

 

 

In Drásov, on May 24, 2018