General Terms and Conditions

I.

Basic provisions

1. These general business conditions (hereinafter referred to as “business conditions“) are issued in accordance with § 1751 and seq. Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code“)

  • Binary code s.r.o.
  • ID: 06725767
  • CZ06725767
  • with registered office at: Karlovo náměstí 290/16, Prague 120 00
  • registered at the Municipal Court in Prague, Section C 2878

contact information:

(hereinafter referred to as the “seller“)

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business as a consumer or as part of their business (hereinafter “buyer“) through the interface located on the internet website www. binarycode.one/eshop (hereinafter referred to as the “Internet Store“).

3. The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These business conditions and the purchase contract are concluded in the Czech language.

II.

Information on goods and prices

1. Information about the goods, including the prices of individual goods and their main properties, are given for individual goods in the online store catalogue. The prices of the goods are stated including the value added tax, and all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.

2. All presentations of goods placed in the online store catalogue are of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on the costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

Audiobooks and electronic books

  • The User may purchase Products in the form of audio files or an electronic book through the System. The User may download the purchased Products at any time and save them on any storage medium, mobile device or computer and use them in accordance with the User License.
  • The User acknowledges that the photographs of the Products in the Company’s System are only illustrative and do not constitute the actual Product.
  • The User acknowledges that the Product is an intangible, digital product.
  • The User acknowledges that the Product does not have to be a literal conversion of literary text into audio form. The Company is not responsible for differences from the literary text on which the Product is based.

III.

Ordering and concluding a purchase contract

1. The costs incurred by the buyer through their use of tele-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. These costs do not differ from the basic rate.

2. The buyer orders the goods in the following ways:

  • through his customer account, if he has previously registered in the online store,
  • by filling in the order form without registration.

3. When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the Order button. The data listed in the order are deemed correct by the seller. The condition for the order’s validity is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of the order’s receipt to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the seller’s current business conditions. The purchase contract is concluded only after the acceptance of the order on the part of the seller. Notice of of the order’s receipt is delivered to the buyer’s email address. / Immediately after receiving the order, the seller will send the buyer confirmation of the order’s receipt to the email address that the buyer entered when ordering. This confirmation concludes the contract. Attached to the confirmation are the seller’s current business conditions. The purchase contract is concluded by confirming the order to the buyer’s email address.

6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer’s email address. The amended offer is considered to be a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer’s confirmation to the seller’s email address specified in these terms and conditions of their acceptance of this offer.

7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of the order’s receipt by the seller. The buyer can cancel the order by phone at the seller’s phone number or email specified in these terms and conditions.

8. In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer’s email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of the buyer’s acceptance sent to the seller’s email address.

IV.

Customer’s account

1. Based on the buyer’s registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.

2. When registering in the customer’s account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. In the event of any change, the buyer is obliged to update the data specified in the user account. The data provided by the buyer in the customer account and during the ordering of goods are considered to be correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of the customer account to third parties.

5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement and under these terms and conditions.

6. The buyer acknowledges that the user account may not be available all the time, especially with regard to the seller’s necessary maintenance of hardware and software equipment, or necessary maintenance of third-party hardware and software.

Registration

  • Registration takes place by filling in the registration form with the required data (username, password and registration e-mail address) and then entering the confirmation code sent to the registration e-mail address. By confirming the registration, a user account is created in the Company’s system (hereinafter referred to as the “System“), which allows you to purchase products, pay for them and download them. This registers the user of the System (hereinafter referred to as the “User“).
  • The registered person is entitled to create a maximum of one personal user account. The company reserves the right to cancel each additional user account of one registered User.
  • By registering, the User declares that the information provided in the registration form is correct and agrees to the Business Conditions and the processing of personal data for marketing, administrative and statistical purposes of the Company in accordance with applicable data protection laws and the Privacy Policy.
  • When registering, it is possible to choose whether the User wants to receive a regular information e-mail from the Company with news, competitions, discounts or other marketing activities. The decision can be changed at any time in the user profile (hereinafter referred to as the “Profile“), which is accessible to the User after logging into the System.
  • Access to the System is enabled by entering the registration e-mail address and password entered during registration. The password can be changed at any time in the Profile. The User is responsible for protecting his password from disclosure and for the consequences associated with it in the event of misuse.

V.

Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase agreement in the following ways: cashless transfer to the seller’s bank account. Account number 436899002/5500 kept with Raiffeisen BANK.

Payment of the subscription and one-time fees takes place through the provider’s payment gateway, where there is a choice of payment by credit card or fast bank transfer.

2. Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with the 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.

3. In the case of a non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.

4. 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 bank account.

5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods have been sent does not constitute a deposit.

6. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online and, in the event of a technical failure, within 48 hours at the latest.

7. The goods are delivered to the buyer to the address specified by the order’s buyer.

8. The choice of delivery method is made during the ordering of goods.

9. The costs of the delivery of the goods depending on the method of dispatch and receipt of goods are specified in the buyer’s order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request on the part of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

10. 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 accept the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

11. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods’ packaging 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 accept the shipment from the carrier.

12. The seller issues a tax document / invoice to the buyer. The tax document is sent to the buyer’s email address.

13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, and immediately by physically accepting the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

  • All prices listed in the Company’s System include the VAT.
  • Due to a technical error in the Company’s System, a purchase price for the Products which does not roughly correspond to the usual price for such a Product on the market may be displayed. In such a case, the Company is not obliged to deliver the Product at the displayed purchase price, but will contact the User and inform them of the actual purchase price of the Product and the User has the right to decide whether to accept the Product at the actual purchase price or not.
  • The purchase price for the Products does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Products. Such costs are exclusively the costs of the User.
  • The Operator has the right to provide the User with a discount on the price of the Product. Discounts on the price of the Product may not be combined with each other unless expressly stated otherwise.

VI.

Withdrawal from the contract

1. A buyer who has concluded the purchase contract as a consumer and outside his business has the right to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 14 days

  • from the date of receipt of the goods,
  • from the date of receiving the last delivery of goods, if the subject of the contract consists of several types of goods or the delivery of several parts
  • from the day of receiving the first delivery of goods, if the subject of the contract is the regular and repeated delivery of goods.

3. The buyer may not, inter alia, withdraw from the purchase contract:

  • the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
  • the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the seller’s will and which may occur during the period for withdrawal from the contract,
  • the supply of alcoholic beverages which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
  • on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
  • the supply of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery,
  • delivery of goods in a closed package, which the buyer removed from the package and which, for hygienic reasons, it is not possible to return,
  • the supply of an audio or video recording or a computer program if it has broken their original packaging,
  • delivery of newspapers, periodicals or magazines,
  • delivery of digital content if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
  • in other cases specified in § 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address which the seller specified in the terms and conditions. The seller will immediately confirm to the buyer the receipt of the form.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to their nature by regular mail.

7. If the buyer withdraws from the contract, the seller shall return to them without delay, but no later than within 14 days of withdrawal from the contract, all funds including delivery costs which he has received from them in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs.

8. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivering the goods in the amount corresponding to the cheapest offered method of the goods’ delivery.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that they sent the goods to the seller.

10. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in their original packaging. 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.

11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, the unavailability of goods, or if the manufacturer, importer or supplier of the goods has interrupted the production or import of goods. The seller immediately informs the buyer via the email address specified in the order and will return the notification of withdrawal from the purchase contract all funds, including delivery costs received from them under the contract, in the same way or in the manner specified by the buyer within 14 days.

12. Due to the fact that the Audiobook and Electronic Book Product is an intangible, digital product, the Company cannot refund the payment due to dissatisfaction with its content or execution. The Company provides a description and demonstration of each Product to the maximum extent possible. Any addition of this information may be requested by the User prior to payment through a query sent to the e-mail address shop@binarycode.one.

VII.

Defective performance rights

1.

  • The seller is responsible to the buyer for the goods being free of defects upon receipt. In particular, the seller is responsible to the buyer that the goods possess the properties agreed upon by the parties and, in the absence of an agreement, they have the characteristics described or expected by the buyer with regard to the nature of the goods and the advertisement provided,
  • the goods are fit for the purpose stated by the seller for their use or for the use which goods of this type are usually used,
  • the goods correspond in quality or design to the agreed sample or model in the case that the quality or design was determined according to the agreed-upon sample or model,
  • the goods are in the appropriate quantity, measure or weight, and
  • the goods comply with the requirements of legal regulations.

2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of reception. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear the goods already had when received by the buyer, or if it is due to the nature of the goods.

3. In the event of a defect, the buyer may submit a complaint to the seller and request:

  • exchange for new goods,
  • repair of goods,
  • a reasonable discount from the purchase price,
  • withdrawal from the contract.

4. The buyer has the right to withdraw from the contract,

  • if the goods have a significant defect,
  • if the item cannot be used properly due to the recurrence of the defect or defects after repair,
  • if there is a larger number of defects in the goods.

5. The seller is obliged to accept the complaint in any establishment/branch in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the complaint’s content and what method of handling the complaint the buyer requires, as well as confirmation of the date and manner of handling the complaint, including confirmation of the goods’ repair and its duration, or written justification or the written rejection of the complaint.

6. The seller or an employee authorized by them shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for the defect’s professional assessment. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint’s filing, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the buyer’s will (exercise of the right to prevent defective performance) is communicated to the seller.

7. The seller informs the buyer in writing about the result of their complaint.

8. The right of defective performance does not apply to the buyer, if the buyer knew that the product has a defect before accepting it, or if the buyer caused the defect himself.

9. In the event of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs which were incurred in connection with the complaint. The buyer can exercise this right within one month after the expiration of the warranty period.

10. The buyer has the right to choose the method of complaint.

11. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.

VIII.

Delivery

1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or as part of the order.

IX.

Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, website at: 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 the purchase agreement.

2. The European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website at: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) on 21 May 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of competence of the relevant trade licensing office. The Czech Trade Inspection Authority supervises, to a limited extent, the compliance with Act No. 634/1992 Coll., On Consumer Protection.

X.

Final Provisions

1. All agreements between the seller and the buyer are in accord with the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

3. All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the seller’s consent.

4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow them or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software in such a way that would be contrary to its purpose.

5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

6. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

7. 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.

8. 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. The choice of law under the previous sentence does not deprive the consumer of the protection afforded to them by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1)(EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

These terms and conditions take effect on April 1, 2019