Terms and Conditions
of Barcodes.cz s.r.o.
Registered office at Divoká Šárka 22/7, Prague 6 – Vokovice 164 00
identification number: 06729738
Entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 287948
For the sale of goods through an online store located at the internet address
IMPORTANT INFORMATION: Retailers, wholesalers and other third parties have different barcode requirements and restrictions. We do not guarantee that our barcodes will comply with any particular third party’s barcode acceptance requirements, although we have made a note of the various restrictions and requirements that we are aware of (please see our Barcode Acceptance page). You are solely responsible for confirming that our barcodes comply with any third party’s barcode requirements prior to placing an order with us. By using our website you agree to the terms and conditions below.
1. INTRODUCTORY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as “terms and conditions”) of the company Barcodes.cz s.r.o, with its registered office at Divoká Šárka 22/7, Prague 6 – Vokovice 164 00, identification number: 06729738, entered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 287948 (hereinafter referred to as the “seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address https://barcodes.cz (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the shop”).
1.2. These terms and conditions do not apply in cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions amending these terms and conditions can be agreed on in the purchase contract. Amended provisions in the purchase contract take precedence over the provisions of terms and conditions.
1.4. The provisions of terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in Czech and English. The purchase contract can be concluded in Czech or English.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6. By using the website, the buyer acknowledges that these conditions exist, that he has had the opportunity to read and understand them. At the same time, the buyer declares that he agrees with these terms and conditions, that he accepts them and that he will follow them.
1.7. If you use this Website on behalf of a company, association, partnership or other similar entity (the “Entity”), the purchaser warrants that it is entitled to agree to these terms and to make any purchases of products on behalf of the entity.
2. USER ACCOUNT
2.1. Based on the buyer’s registration made on the website, the buyer can access its user interface. The buyer can order goods From his user interface (hereinafter referred to as “user account”). The web interface of the store allows the buyer to order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of his user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
3. PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. Prices of goods are listed including all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are “added” by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as “order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “Order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from 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.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Seller is prepared to consider applications for credit accounts from corporate customers subject to approved references..
4.2. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order;
- cashless transfer to the seller’s account No. 2701359752/2010, for orders from the Czech Republic or for orders in CZK, and / or to account number 2901359757/2010 for orders from other countries or orders in EUR (hereinafter referred to as the “seller’s account”) ;
- cashless via the GoPay or PayPal payment system.
4.3. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.4. In the case of ordering virtual products, the seller requires the buyer to pay the purchase price in full before sending the products to the buyer.
4.5. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment by bank transfer, the purchase price is payable within 15 days of concluding the purchase contract.
4.6. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
4.7. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.8. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.9. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him/her, from the purchase contract for the delivery of perishable goods, which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program if the original packaging has been tampered with.
5.1.1. The seller does not take back barcodes once they have been issued and does not refund money for issued barcodes. As soon as the order is processed, barcode is immediately assigned to the buyer and becomes his property. The seller does not have the option to cancel the order or return the barcodes to the barcode database. The seller also does not have the opportunity to determine whether or not the buyer has used any of the numbers that he may be trying to return.
5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen (14 ) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller’s office or to the seller’s e-mail address [email protected]
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. 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 untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return it together with the goods to the seller. given a gift.
6. SHIPPING AND DELIVERY OF GOODS
6.1. The method of sending all goods is at the discretion of the seller. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. Delivery of goods will usually be done by e-mail. Some items are sent automatically by email within minutes of ordering, others will be created manually and emailed to you, usually within 48 hours, depending on the day and time the order is placed.
6.3. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.4. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.5. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.6. The Seller shall take all reasonable steps to comply with the expected delivery date. The seller is not liable for any losses incurred directly or indirectly as a result of non-compliance with the expected delivery date. The seller reserves the right to make the delivery in advance of the specified delivery date, upon reasonable notice to the buyer.
6.7. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to provide the buyer goods that are free of defects upon receipt. In particular, the seller is responsible to ascertain that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. A possible non-acceptance of bar codes by a third party is not considered a defect of the goods. The seller guarantees to the buyer the uniqueness of the provided barcodes, not their use by all third parties.
7.4. The buyer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.
7.5. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
8.4. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
8.5. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.6. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
8.9. Each of the contracting parties guarantees that it has the right and power of attorney and authorization to conclude this agreement.
8.10. Seller shall not be liable for any problems of incompatibility of use or shall not be liable to Buyer for any statement or implied warranty, condition or any obligation of common law for any direct or indirect special or consequential loss or damage. or other claims for compensation, whether caused by the negligence of the seller, its employees or agents, or which arise in connection with the delivery of goods, their use or resale by the buyer.
8.11. The seller does not guarantee that the barcodes provided by him will be accepted by all sellers. Seller is not responsible for any non-acceptance or problems with their use, nor is it liable to Buyer for any reason that will not result in Seller’s barcodes being accepted by any retailer, wholesaler or other party. Buyer acknowledges that prior to purchasing any goods or services from Seller, it is his responsibility to determine whether the retailers to whom they intend to supply barcodes provided by Seller have any specific barcode requirements or restrictions and whether Seller’s goods and services will be purpose appropriate. The seller is not responsible for loss or damage resulting from the use of UPC, EAN, GLN, ITF-14 and / or other barcode numbers by the buyer or other parties.
8.12. Buyer expressly agrees that Seller shall not be liable for any special, incidental, consequential, indirect or other similar damages (whether or not such damages are foreseen) resulting from breach of warranty, breach of contract, negligence, strict liability or any other civil liability associated with this Agreement or the use of the Seller’s products. The seller does not provide any guarantees of saleability or suitability for any particular purpose of the products.
8.13. Under no circumstances shall Seller be liable for indirect or consequential losses, such as (but not limited to) loss of profit, loss of market or the consequences of delay or change in any way caused.
8.14. The Seller’s liability is in all cases limited to and may not exceed the purchase price paid for the goods or services sold, which leads to such liability. Payment of this amount by the Seller is the final and exclusive remedy upon exhaustion or unavailability of any other remedy set forth in this document and will not be construed or claimed by the Customer that it has not fulfilled its primary purpose.
8.15. The information, software, products and services contained or available on Seller’s website may include inaccuracies or typographical errors. The seller may make corrections or changes to its website at any time.
8.16. Seller makes no representations about the suitability, reliability, availability, timeliness or accuracy of the information, software, products, services and related graphics contained on this site for any purpose to the maximum extent permitted by applicable law. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. Seller disclaims all liability for all warranties and conditions arising from this information, software, products, services and related graphics, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, etc.
8.17. To the maximum extent permitted by applicable law, Seller shall in no event be liable for any direct, indirect, punitive, incidental, special, consequential, or any damages, including damages for loss of use, data or profits, arising out of the use or availability of the Website. or in any way related to delay or inability to use the Site or related services, failure to provide the Services or any information, software, products, services, and related graphics obtained through the Website or otherwise resulting from the use of Seller’s website.
8.18. Seller provides barcode numbers, labels, graphics and other items and services in good faith. It is the buyer’s responsibility to thoroughly test the delivered items before printing them on any product or using them in any other situation. The buyer is also responsible for ensuring that the delivered items or services are properly and appropriately applied for the purpose. Seller assumes no responsibility for any improper or incorrect use of the delivered items or services.
8.19. Seller shall not be liable for any delay in delivery or non-delivery of Products if such delay or failure is caused by causes beyond its reasonable control, including but not limited to acts of force majeure, war, terrorism, trade union or other labor disputes, delay or failure of suppliers or carriers; or government action.
9. PERSONAL DATA PROTECTION
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as “personal data”).
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5. The seller may authorize a third party to process the buyer’s personal data as a processor. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation thus created.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
11. INTELLECTUAL PROPERTY
11.1 Letters, quotations and proposals may contain proprietary and confidential information belonging to the Seller. This includes, but is not limited to any content, intellectual property, technical method and text incorporated into the document. It shall not be used, disclosed or reproduced, in whole or in part, for any purpose other than to evaluate this document, without the prior written consent of the Seller. Title in and to this document and all information contained herein remains at all times with the Seller.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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. Changes and additions to the purchase contract or business conditions require a written form.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
12.5. Seller’s contact details: delivery address Divoká Šárka 22/7, 164 00 Praha 6 – Vokovice, e-mail address [email protected], telephone (420) 732 464 424.
12.6. All information contained in this Site is based on up-to-date information, and while the Seller endeavors to ensure that material is correct, accuracy cannot be guaranteed and the Seller makes no warranties or representations as to its accuracy. The seller reserves the right to make changes to this site at any time and without prior notice. By accessing this website, you confirm this right and agree to these changes.
12.7. The provisions stated above are for the sole benefit of the parties hereto and confer no rights, benefits or claims upon any person or entity not a party hereto.
12.8. This constitutes the entire Agreement between the Buyer and the Seller. The placement of an order to purchase shall be deemed to be acceptance of these terms by the Buyer. These Terms and Conditions supersede all prior proposals, offers, discussions, correspondence, or communications regarding this transaction. They may only be modified by a subsequent agreement in writing approved by the Seller.
In Prague on April 29, 2021 Marek Mudřík
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