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TERMS AND CONDITIONS

governing rights and obligations

of Euro Tattoo Supply a.s., Comp. ID No (IČO): 28538692, with its registered seat at Žitná 1575/49, 110 00 Praha
1, registered in the Commercial Register maintained by the Municipal Court in Prague under the Commercial Register No. B 24522, as the Seller, (hereinafter referred to as “ETS“), and its customers as the Buyers, (hereinafter referred to as “Customer“), when purchasing supplies for tattoo, piercing and cosmetic studios, (hereinafter referred to as “goods“), through the ETS website (web interface): www.tattoo-supply.cz (hereinafter referred to as “E-shop“), as follows:


I. INTRODUCTORY PROVISIONS

  1. The transfer of ownership of the goods from ETS to the Customer is made on the basis of a purchase contract concluded between ETS as the Seller and the Customer as the Buyer by means of distance communication, the subject of which is the transfer of ownership of the goods specified in the Customer's order for consideration to the extent confirmed by ETS, (hereinafter referred to as the "Purchase Contract“), whereby all rights and obligations of ETS and the Customer not agreed in the Purchase Contract are governed by these Terms and Conditions, (hereinafter referred to as the "T&C“), Act No. 89/2012 Coll, Civil Code, (hereinafter referred to as the "CC"), and other laws of the Czech Republic, all as amended from time to time.

  2. ETS reserves the right to conclude the Purchase Contract only with the Customer registered in the E-shop and approved by ETS, provided that it is entitled, after registration in the E-shop and before concluding the Purchase Contract, to verify the Customer's ability and willingness to fulfil the obligations under the Purchase Contract (assessment of creditworthiness, payment morality and trustworthiness) in available registers and information databases and to refuse the order in the event of a negative assessment, breach of contractual obligation or existing debt to ETS or other persons and to cancel the Customer's registration in the E-shop.

  3. The Customer agrees to conclude the Purchase Contract with ETS by means of distance communication (electronic means) as specified below, with the understanding that he/she shall bear his/her own costs (basic rate) related thereto in accordance with the contract for the provision of electronic communication services concluded with his/her supplier. In the case of non-cash payment, the Customer shall bear the costs associated with such payment in accordance with the contract with its financial services provider

  4. The Customer is aware of the possible methods of payment of the purchase price of the goods, the methods of delivery and the delivery times of the shipment of goods by the chosen carrier within the order in the E-shop, which he/she completes to conclude the Purchase Contract with ETS.

  5. The rights and obligations provided for in the T&C shall apply to the Customer legal entity and the Customer natural person acting in connection with his/her business or other gainful activity, as well as to the Customer natural person acting exclusively outside the scope of his/her business activity and outside the scope of his/her independent exercise of his/her profession for his/her personal use, (hereinafter referred to as "Consumer Customer"), unless these are provided for separately for the Consumer Customer in the T&C (in Art. VII, paragraph 8, Article VIII, paragraphs 5 and 7 and Article XI, paragraphs 4 and 5).  


II. REGISTRATION OF THE CUSTOMER FOR THE PURCHASE OF GOODS

  1. The Customer orders the goods after approval of his registration in the E-shop through his/her user interface. When registering in the E-shop and in the order, the Customer is obliged to provide his/her correct and complete identification data, i.e. name, surname, e-mail address, telephone number, including the company name, ID number and VAT number, if assigned to the Customer. The Customer is obliged to update the provided data immediately in the event of a change, to maintain confidentiality of the access data to his/her user interface and not to allow its use by another person, otherwise he/she is obliged to pay the damages incurred by ETS due to incorrect identification data or unauthorized use of this user interface. Until the Customer changes the identification data, ETS shall base the performance of the Purchase Contract on the data registered in the user interface and on the data contained in the order.

  2. The price of the goods in the E-shop is stated as a price including VAT and a price excluding VAT and is determined without the costs of packaging, delivery to the destination outside the ETS premises and cash on delivery charged by the Customer's chosen carrier (hereinafter referred to as "costs"), which are stated separately, and without customs duties, taxes and other charges payable by the Customer in accordance with the legislation of the (actual) place of delivery of the goods. In the event that after the conclusion of the Purchase Contract, on the Customer's instructions, the goods are redelivered to the desired destination or redirected (changed) to a different (new) destination, the costs shall also include the (more) associated costs in the amount incurred by ETS.

  3. The method of payment of the purchase price of the goods together with the costs shall be selected by the Customer from the ETS offer in the E-shop and confirmed by sending the order to ETS.

  4. The Customer acknowledges that the goods in the E-shop offer, which are located (in stock) at ETS, (hereinafter referred to as "goods in stock"), will be delivered to the Customer within a specified period of time from ETS's stock, and goods that are not in stock (hereinafter referred to as "goods out of stock"), only after their purchase from the relevant supplier and stocking by ETS, where ETS does not guarantee a specific delivery date for such goods. ETS shall promptly notify the Customer of the expected delivery date of the goods out of stock.


III. ORDER AND PURCHASE OF GOODS

  1. The Customer shall make a selection of goods for purchase from the current offer of the E-shop, including the choice of the quantity and characteristics of the goods within the offer of the E-shop, the place and method of their delivery and the method of payment of the purchase price together with the costs, by means of an electronic order created by the E-shop on the basis of the selection made (hereinafter referred to as the "order"). Before sending the order, the Customer shall duly check the accuracy and completeness of all data in the order and verify the ability of the carrier chosen by him to deliver the shipment of goods at the specified destination. The Customer is not entitled to change a sent order without the consent of ETS.

  2. By submitting an order, the Customer confirms (i) his/her serious interest to enter into a Purchase Contract with ETS with the content according to the completed order, (ii) his/her awareness that the completed order obliges him/her to pay the purchase price of the goods and costs specified therein, (iii) that all the information contained therein as filled in by the Customer is correct and complete and that he has had the opportunity to amend/correct it (iv) that he has read and fully understood the T&C and (v) that he has familiarised himself in the E-shop with the nature, characteristics, functionality, method of use and maintenance of the goods and the dangers arising from their improper use or maintenance. In the event of any ambiguity regarding the characteristics and use of the goods selected by the Customer, the conditions of purchase or delivery and/or the T&C, the Customer shall contact ETS before placing an order. Before confirming an order, ETS shall be entitled to ask the Customer to confirm the order and all the information contained therein and to confirm the Customer's order only after such verification of the order.

  3. If the order is rejected by ETS or if it is not confirmed within 15 days of its delivery, the Purchase Contract between ETS and the Customer with the content according to the sent order is not concluded. If ETS sends the order back to the Customer with reservations (changes) and the Customer does not confirm the order to ETS within the specified period, the Purchase Contract between ETS and the Customer is not concluded.

  4. Upon confirmation (acceptance) of the order by ETS or the amended order by the Customer, or the conclusion of the Purchase Contract, ETS shall be obliged to ensure the delivery of the goods to the Customer and the Customer shall be obliged to accept the goods at his/her own expense and risk at the place of performance (destination) and to pay ETS the purchase price of the goods. The relevant VAT rate and costs shall be added to the total purchase price of the goods, unless these or part thereof are not covered by ETS in accordance with the Purchase Contract

  5. Title to the goods shall vest in the Customer upon receipt of the goods from ETS or the chosen carrier. Similarly, the Customer acquires title to the goods received as new (replacement) goods in the context of the settlement of a claim for goods. The risk of damage to the goods passes to the Customer at the same time as the acquisition of ownership of the goods.

  6. If ETS delivers to the Customer a larger quantity of goods or other goods than specified in the order, the Purchase Contract is also concluded in respect of such goods, provided that the Customer pays the purchase price of such goods without undue delay after ETS's request, otherwise the Customer is obliged to return such goods to ETS in the same manner in which it received the goods, at ETS's expense.


IV. PAYMENT OF THE PURCHASE PRICE OF THE GOODS

  1. The purchase price together with the costs is payable according to the Customer's choice of payment method in cash upon handover of the goods at ETS's premises or by carrier at the destination (cash on delivery) or in the case of non-cash payment before delivery of the goods within 14 days from the conclusion of the Purchase Contract, unless a different deadline is specified on the tax document relating to the goods. In the case of non-cash payment, the Customer is obliged to indicate the variable symbol of the payment communicated by ETS, otherwise the latter is entitled to return the unidentified payment to the bank account from which it was sent, stating that the purchase price has not been paid. ETS will send the Customer a tax document (invoice) for the purchase price of the goods, in electronic form to the email address specified in the order.


V. DELIVERY OF THE GOODS TO THE CUSTOMER

  1. The goods in stock will be prepared at the ETS premises chosen by the Customer within 15 working days from the conclusion of the Purchase Contract or, in the case of another delivery location, ETS will hand over the goods as a shipment to the carrier chosen by the Customer within the same period, provided that in the case of non-cash payment this period starts from the day following the payment of the purchase price of the goods. In the case of goods out of stock, the said period shall run from the day following the day of stocking.

  2. ETS shall notify the Customer by email to the email address specified in the order of the time when the goods are ready for delivery to the Customer at ETS's premises and, in the case of a different delivery location, the Customer shall be informed in the same way by ETS or the carrier of the time of delivery of the consignment of goods to their destination. The Customer shall be obliged to take delivery of the goods at the ETS premises of his choice during the operating hours within 5 working days from the receipt of the ETS notification or at the destination at the time specified by the chosen carrier.

  3. Upon delivery of the goods to the Customer at ETS's premises, ETS shall, at the Customer's request, inspect the purchased goods prior to their delivery, demonstrate them to the Customer and acquaint the Customer with the nature, characteristics and functionality of such goods. Upon receipt of the goods from ETS, the Customer is obliged to check their intact condition, characteristics, quantity, accessories, verify their functionality, compliance with the Purchase Contract and the availability of information (instructions) for their use or consumption and immediately notify ETS of any defects found. If the Customer is in delay in taking over the goods at ETS's premises, ETS shall store the goods at such premises, and the Customer shall pay ETS a storage fee of 2 € for each day of storage upon taking over the goods.

  4. Delivery of the goods to the destination outside ETS's premises specified in the order will be made by a carrier selected by the Customer from ETS's offer at the Customer's risk, and provided that ETS is not obliged to insure the consignment of goods against loss, theft, destruction or damage.The Customer shall arrange to receive the shipment of goods at its destination at the time of delivery by the chosen carrier in accordance with the notice of time of delivery of the shipment of goods. Upon receipt of the goods, the Customer is obliged to check the integrity of the packaging and the integrity of the shipment of goods, in case of any deficiencies, either (i) immediately notify the carrier and record them in the shipping/delivery note and at the same time inform ETS by email at objednavky@tattoo-supply.cz or (ii) not accept the shipment of goods from the carrier, stating the reservation of damage to the packaging of the shipment. ETS shall provide the Customer with the documents of acceptance and free disposal of the consignment of goods and, at the Customer's request, in the event of acceptance of the consignment of goods by the Customer, shall allow the Customer as consignee to acquire the rights under the contract of carriage of goods and shall provide the necessary assistance to exercise such rights. In the event of repeated delivery of a consignment of goods due to its non-receipt at the destination within the time specified by the chosen carrier or a request for a change of delivery method and/or destination, the Customer shall pay ETS the extra costs associated therewith and the time charge in the amount incurred by ETS, together with the purchase price.

  5. The Customer is obliged to pay ETS a contractual penalty of CZK 300 in the event of breach of the obligation under the Purchase Contract to take delivery of the goods at ETS's premises or at the place of destination at the time of delivery specified by the chosen carrier or in the event of return of the consignment of goods to ETS by the chosen carrier due to breach of the Customer's obligation to pay the carrier cash on delivery. In these events, the Purchase Contract shall terminate upon return of the goods to ETS, and the Customer shall also compensate ETS for any damage caused thereby. ETS's claim for a contractual penalty  is being set off against the Customer's claim for reimbursement of the purchase price under the terminated Purchase Contract upon return of the goods to ETS.


VI. USE OF GOODS

  1. The Customer acknowledges that due to the specific purpose of the goods, he is obliged to use them only for the intended purpose and in a manner in accordance with the law and standards with due skill and professional care and in case of any ambiguity, he is obliged to contact a qualified person immediately.

  2. Before using the goods for the first time, the Customer is always obliged to familiarize himself properly with:
    a) its nature, characteristics and functionality and the instructions for use or operation provided by ETS to the Customer or available in the E-shop, unless these are obvious or generally known facts;
    b) the methods of use and maintenance of the goods and the dangers arising from their improper use or maintenance, as well as any risks to human health.

  3. Handling of the goods in contravention of the above or by a person who is not sufficiently competent may lead to damage to the health of persons who come into contact with the goods. In the event of the expiry of the shelf life of the goods, they cannot be used in accordance with their intended purpose.


VII. DEFECTS AND CLAIMS ON THE GOODS

  1. ETS shall be liable to the Customer for defects in the goods purchased by the Customer in accordance with the CC. The Customer shall not have any rights from defective performance (i) if the defect of the goods was caused by the Customer or by an external event, (ii) if the defect was evident (recognizable) at the conclusion of the Purchase Contract, (iii) if it is a manifestation of wear and tear of the goods caused by their normal use, (iv) if the defect for which a lower price of the goods was agreed, and (v) for used goods to the extent of wear and tear corresponding to the extent of their previous use.

  2. The Customer shall claim the rights of defective performance concerning the goods purchased by him (hereinafter referred to as "goods claim") at the ETS office/headquarters at Žitná 1575/49, 110 00 Prague 1 or by e-mail at: objednavky@tattoo-supply.cz provided that upon receipt of the goods claim notice ETS shall assign a goods claim number to the goods claim for further communication with the Customer. The Customer can use the form available here: https://tattoo-supply.cz/en/info/12-claim to submit a complaint.

  3. ETS shall confirm to the Customer in written or electronic form the date on which the Customer has made the claim, what is its content, what method of handling the claim of the goods is required and the contact details of the Customer for the purpose of providing information on the handling of the claim of the goods. ETS shall also confirm to the Customer, after the settlement of the goods claim, in written or electronic form, the date and method of settlement of the goods claim, including confirmation of the repair and the duration of the repair, or provide reasons for rejecting the goods claim.
  4. The Customer shall, at ETS's request, prove the acquisition of ownership of the claimed goods by a tax receipt, delivery note or other credible means. The Customer is obliged to deliver the goods claimed to ETS at the address: Euro Tattoo Supply a.s., Kolbenova 997/5G, 190 00 Prague 9 or store or otherwise deal with them according to ETS instructions so that the defect can be properly examined and the claim can be properly and timely settled. The Customer who, as part of the complaint filed, requests the replacement of the goods for new ones or wishes to withdraw from the Purchase Contract, shall store the goods claimed in a manner appropriate to their nature so that they can be returned to ETS in the condition in which they were received, as opposed to the delivery of new goods or the refund of the purchase price

  5. Within the submitted goods claim, the Customer shall provide a description (designation) of the defect or the manner in which it displays itself, or a discrepancy with the Purchase Contract in the quantity, quality or design of the goods, delivery of another item or missing accessories of the goods, (hereinafter referred to as the "goods defect"). The goods claim submitted by email shall also include photo documentation of the goods claimed and a visual record (video) showing the goods defect or the manner in which it displays itself and enabling a proper assessment of the goods defect by ETS or its professional advisors. In the event of obvious damage to the goods due to packaging defects or handling of the goods, the Customer shall take photographic documentation of the packaging of the consignment of goods as a whole and its individual parts before unpacking the goods. .

  6. The Customer shall inform ETS of his/her chosen right within the framework of the complaint or immediately after filing it. The Customer may not unilaterally change the choice made without the consent of ETS, unless the Customer requests the repair of a defect that proves to be irreparable.

  7. The time limit for the settlement of the claim shall run until the claim and the goods claimed have been delivered to ETS. ETS is entitled to reject an incomplete claim without examining the claimed defect in the goods.

  8. ETS shall settle the claim, including the removal of the defect, and inform the Customer without undue delay after assessing the alleged defect of the goods. If the defect requires a professional assessment by the manufacturer or distributor of the goods, ETS shall settle the claim without undue delay after receipt of such assessment, but no later than 120 days after the claim has been duly made. In the case of a Consumer Customer, ETS shall do so no later than 30 days from the date of the proper filing of the claim, unless a longer period is agreed upon, otherwise the Consumer Customer may withdraw from the Purchase Contract or demand a reasonable discount.
  9. In the event of a defect in the goods for which ETS is liable and which constitutes a material breach of the Purchase Contract, the Customer shall have the right, (i) to demand delivery of new goods without defects or missing goods or repair of the goods if such repair is possible and not unreasonably costly, (ii) to demand a reasonable discount on the purchase price or, (iii) shall be entitled to withdraw from the Purchase Contract.

  10. In the event of a defect in the goods for which ETS is liable and which is not a material breach of the Purchase Agreement or if the defect is immaterial, the Customer shall be entitled to, (i) demand repair of the goods if such repair is possible and not unreasonably expensive, or (ii) demand a reasonable discount on the purchase price.

  11. ETS is not obliged to supply the Customer with new goods without defects or refund the purchase price before the Customer hands over the defective goods to ETS in the context of an accepted claim. The Customer shall hand over the defective goods clean in their original packaging if available. In the event that the Customer fails to hand over the defective goods to ETS even upon repeated request, or if the defective goods have been destroyed, substantially altered or lost, or cannot be returned in the condition in which they were received, ETS shall only provide the Customer with a reasonable discount on the purchase price in lieu of the Customer's chosen right, unless otherwise agreed with the Customer in a particular case.

  12. In the event that the claim is not accepted, ETS shall provide the Customer, upon request, with available information on after-sales and out-of-warranty service of the goods and its conditions. In the event that the Customer has no claim for defective performance and agrees to repair the goods, the Customer ETS shall pay to ETS the cost of repair of such goods upon receipt of the goods.   


VIII. CANCELLATION OF THE PURCHASE CONTRACT

  1. ETS and the Customer may agree to cancel the Purchase Contract prior to its execution within the scope of the order or its specified part. The Customer is not entitled to unilaterally cancel the order or any part thereof.

  2. In the event of termination of the Purchase Contract, the Customer is obliged to return to ETS, at his/her own expense, the goods received, including all accessories, and the items received free of charge together with the goods, and ETS shall return the purchase price paid to the Customer within 14 days of the termination of the Purchase Contract and the return of the goods, to the bank account from which it was paid, otherwise within the same period in cash at the Customer's ETS's premises 

  3. ETS is entitled to withdraw from the Purchase Contract if:
    a) before delivery of the goods to the Customer, it becomes known that the Customer is subject to execution or insolvency proceedings or if the Customer becomes in default in payment of the purchase price to ETS or the Customer is in default in the performance of any claim or obligation to ETS;
    b) the goods out of stock are not available within 14 days of the conclusion of the Purchase Contract, in the event that only part of the goods is unavailable ETS shall be entitled to withdraw from the Purchase Contract in respect of that part only;
    c) the Customer fails to take delivery of the goods at ETS's premises or destination within the specified period or the goods cannot be delivered to the Customer's chosen destination or the goods are returned to ETS as a result of non-acceptance by the Customer or due to non-payment of the delivery charge;
    d) the destination of the goods will be outside the territory of the European Union and in the case of cash on delivery payment outside the territory of the Czech or Slovak Republic;
    e) was with the goods at the time the order was sent by the Customer, or conclusion of the purchase contract, the incorrect price was indicated.

  4. The Customer is entitled to withdraw from the Purchase Contract if:
    a) ETS fails to deliver the goods within 14 days of the agreed delivery date for reasons solely attributable to ETS;
    b) ETS informs that the goods are not available in stock or that the goods outside the stock will not be delivered within 14 days from the conclusion of the Purchase Contract.

  5. The Consumer Customer is also entitled to withdraw from the Purchase Contract within fourteen days from the date of receipt of the goods. In case of withdrawal from the contract, the Consumer Customer shall bear the costs associated with the return of the goods by the usual postal method.

  6. The Customer or ETS withdraws from the Purchase Contract by an unequivocal statement made to the addressee. A sample form for the withdrawal of the Consumer Customer from the Purchase Contract can be downloaded here: https://tattoo-supply.cz/en/info/6-returns

  7. ETS or the Customer shall acknowledge receipt of the withdrawal in text form without undue delay. Upon receipt of the withdrawal from the Purchase Contract, (i) the Customer shall send or hand over to ETS, within a maximum of fourteen days, the goods received from ETS, (ii) ETS shall refund within the same period the purchase price and costs in the amount corresponding to the cheapest offered method of delivery of the goods by the same method, in the manner in which it was received, to the bank account from which the purchase price was paid or to another bank account of a bank based in the Czech Republic, which the Customer shall notify to ETS in the context of the complaint filed for the goods, unless otherwise agreed in a particular case. ETS shall not be obliged to return any funds to the Consumer Customer before it has received the goods or before the Consumer Customer has proved to ETS that it has sent the goods back to ETS.


IX. LOANED GOODS

A Customer who receives goods from ETS for the purpose of verifying their functionality or testing, on trial, as a replacement for goods in complaint or for any other purpose without becoming the owner of the goods (hereinafter referred to as "Loaned Goods"), shall:
a) use the Loaned Goods only for the purpose for which it received them, properly in accordance with their intended use and the instructions or general rules for their use;
b) take care to properly preserve the Loaned Goods so as to prevent their loss, destruction, unauthorised use, damage or excessive wear and tear and to ensure that they are not used by another person without authorisation;
c) do everything possible to ensure the proper operation of the Loaned Goods, to check that they are properly set up, sufficiently charged, functional and in good working order and, in the event of a defect, to inform ETS immediately and to hand over the non-functioning Loaned Goods immediately to a person designated by ETS;
d) not disassemble the Loaned Goods or remove individual parts from the Loaned Goods unless required for their proper operation;
e) return the Loaned Goods in a condition consistent with normal wear and tear at the headquarters of ETS or at another location designated by ETS during business hours on a date specified by ETS, but no later than the day after the date on which the Loaned Goods cease to be used for the purpose for which they are intended.


X. PERSONAL DATA PROTECTION

I. General provisions

  1. Within the framework of the business activities of ETS, (hereinafter also referred to as the "Administrator"), through the Administrator's website, within which the E-shop is operated, the following occurs in accordance with the legal regulations for the protection of the rights of natural persons in connection with the processing of personal data, in particular with Regulation (EU) No. 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as the "GDPR"), and Act No. 110/2019 Coll, on the processing of personal data, all as amended, (hereinafter collectively referred to as "Legal Protection of Personal Data"), to process the personal data of Customers as natural persons and data subjects registered with ETS in the E-shop, necessary for the performance of the Purchase Contract, respectively to ensure the proper and timely delivery of goods to the Customer, for the payment of the purchase price by the Customer, for the issuance of the tax document and for the settlement of the Customer's claim, as well as for business communication for the purpose of concluding Purchase Contracts in the future. The Customer's personal data is recorded, collected, stored, used and otherwise processed to the extent necessary for the purpose of its processing and includes personal data of the following types: name, surname, ID number, VAT number, residential address, registered office/operating address, delivery address, telephone number, e-mail address and bank account number (IBAN), which generally relate to the following categories of data subjects, respectively. to the natural person as the Customer and to the natural person authorised by the Customer to communicate with ETS (contact person), (hereinafter together referred to as "personal data").

  2. The Administrator has adopted and maintains technical and organisational measures that take into account all the risks involved in the processing of personal data, in particular maintaining a level of security such that personal data cannot be accessed, altered, accidentally or unlawfully destroyed, erasure or loss, unauthorised consultation, reproduction, transmission or other unauthorised processing, as well as any other misuse of personal data in violation of the obligations arising from the Legal Protection of Personal Data, so as to ensure full protection of the rights of Customers as data subjects at all times.

II. Identification of the Administrator and contact details

  1. The data administrator of the personal data of Customers as data subjects is the company Euro Tattoo Supply a.s., ID No. (IČO) 28538692, with its registered office at Žitná 1575/49, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague under No. B 24522.

    Contact person of the administrator: Peter Gulovič
    Phone: +420 739 323 570
    email: info@tattoo-supply.cz

  2. No data protection officer has been appointed.

  3. The Administrator does not transfer personal data to third countries.

III. Purpose and legal basis of the processing of personal data

  1. The purpose of the processing for which the personal data is intended is:
    a) the performance of Purchase Contracts concluded between the Administrator as the Seller and the Customer as the data subject via the E-shop, i.e. to ensure the proper and timely delivery of the goods to the Customer and payment of the purchase price by the Customer, including the issuance of a tax document, for which the legal basis for the processing of personal data is the performance of a contract to which the Customer as the data subject is a party, as provided for in Art. 6(1)(b) of the GDPR and Article 6(1)(c) of the GDPR, since the issuance of the tax invoice with the Customer's identification data is a legal obligation of the controller as the seller, and at the same time
    b) the satisfaction of claims arising from or related to the concluded Purchase Contracts, i.e. the settlement of claims for goods, claims for defects in goods and claims for compensation for damages, for which the legal basis for the processing of personal data is, in addition to the performance of the contract pursuant to Article 6(1)(b) GDPR, also the legitimate interest of the controller as set out in Article 6(1)(f) GDPR, and at the same time
    c) the storage of the Customer's identification data within the Customer's user interface in the E-shop (registration in the E-shop and maintenance of the user account) to verify the Customer's identity and solvency before the commencement of business cooperation and for business communication between the Administrator as the Seller and the Customer as the data subject via contact data for the purpose of sending business offers and related communication between ETS and the Customer for the conclusion of Purchase Contracts in the future (without the need to re-register the Customer in the E-shop), (hereinafter referred to as the "Business Purpose"), for which the Customer gives his/her consent in the manner set out in Clause IV. below.

  2. The Customer is obliged to provide his/her personal data to conclude a Purchase Contract with ETS (contractual requirement) and to issue a tax invoice (legal requirement). In case of failure to provide personal data, ETS will not conclude the Purchase Contract or deliver the goods.

  3. The provision of personal data is necessary due to the need to identify the Customer for the purpose of setting up its user interface on the E-shop to create an order, and furthermore as a contracting party to the Purchase Contract concluded with ETS, i.e. it is necessary to include it in the order in the context of the negotiation of the Purchase Contract and in the tax document relating to the goods, and furthermore it is necessary to communicate it to the carrier or freight forwarder for the delivery of the shipment of goods to the destination specified by the Customer. At the same time, the personal data provided is used to exercise the rights under the concluded Purchase Contract, the contract for transporting the shipment of goods to the destination, as well as for the purpose of protecting the legitimate interests of ETS as the Seller.

IV. Customer's consent to the processing of personal data

By registering in the E-shop, i.e. by filling in and submitting the registration form with personal data, the Customer consents to the processing of his/her personal data for the Business Purpose as specified above, for an indefinite period of time.

V. Recipients or categories of recipients of personal data

Personal data will be transferred by the Administrator to the following categories of recipients in the context of their processing: carriers or freight forwarders providing delivery of goods to the Customer, providers of legal and tax advice and accounting services ETS, suppliers of IT, marketing, payment and other services related to the operation of the E-shop.

VI. Storage period of personal data

  1. Personal data will be stored by ETS from the moment of confirmation of the Customer's registration in the E-shop for a period of two years from the date of the last login of the Customer to its user interface in the E-shop. If legislation stipulates that certain types of personal data must be kept for a longer period of time, then ETS will keep it for the period of time stipulated by such legislation.

  2. Upon expiry of the period of storage of personal data or upon receipt of the Customer's withdrawal of consent to the provision of personal data for the Business Purpose, ETS will close the user interface in the E-shop and delete the Customer's personal data.

VII. Customer's rights as a data subject

  1. The Customer as a data subject has the right to:
    a) request access to his/her personal data from ETS, i.e. the right to obtain confirmation from ETS as to whether or not his/her personal data is processed and, if it is processed, the right to obtain access to such personal data and to the information referred to in Article 15 of the GDPR, including a copy of the personal data processed by ETS;
    b) to request ETS to correct or delete his/her personal data, i.e. the right to request ETS to correct inaccurate personal data of the Customer without undue delay or, if it does not contradict the purpose of processing, the right to complete incomplete personal data;
    c) to request ETS to restrict the processing of his/her personal data, i.e. the right to request ETS to restrict the processing in the cases referred to in Article 18 GDPR;
    d) object to the processing of his/her personal data, i.e. the right to object at any time to the processing of his/her personal data for the performance of a task carried out in the public interest or in the exercise of official authority vested in ETS or for reasons of legitimate interests of the Administrator or a third party;
    e) to the portability of his/her personal data, i.e. the right to obtain from ETS his/her personal data in a structured, commonly used and machine-readable format, and the right to transmit such data to another administrator, or to request their transmission by the Administrator to another administrator, in the case of processing of personal data for the purposes referred to in Article 6(1)(a) or Article 9(2)(a) or for the performance of a contract pursuant to Article 6(1)(b) of the GDPR;
    f) submit a complaint to the supervisory authority, which in the Czech Republic is the Office for Personal Data Protection, registered office Pplk. Sochora 27, 170 00 Prague 7, https://www.uoou.cz/;
    g) withdraw his/her consent to the processing of his/her personal data for the Business Purpose at any time by sending an email to the contact email address provided in the Section. II above, provided that ETS shall terminate the Customer's registration in the E-shop upon receipt of the withdrawal of consent, in which case the lawfulness of the processing of personal data based on the consent given to ETS prior to receipt of the withdrawal of consent and any processing of the Customer's personal data by ETS for other purposes referred to in Article 6(1) of the GDPR shall not be affected

  2. ETS shall be entitled to use all reasonable measures to verify the identity of the Customer exercising any right under this clause.  ETS will not retain the Customer's personal data for the sole purpose of enabling the Customer to exercise its rights under this Article or under the Legal Protection of Personal Data.

VIII. Processing of Personal Data for the Administrator

  1. ETS provides personal data to other persons (subcontractors) as processors only for the purpose of fulfilling their contractual obligations to ETS based on the concluded data processing agreement and as instructed by ETS. Other processors include in particular providers of legal and tax advice and accounting services, suppliers of IT, marketing, payment and other services related to the operation of the E-shop.

  2. The Administrator regularly checks the purpose and scope of the processing of personal data by the processor, as well as the technical and organisational measures adopted and implemented to ensure the protection of personal data and the security of its processing in accordance with the Legal Protection of Personal Data.


XI. FINAL PROVISIONS

  1. The T&C form part of the content of the Purchase Contract and are thus an integral part thereof. By placing an order, the customer confirms that he/she has read the T&C. Any deviating provisions in the Purchase Contract take precedence over the T&C. The application of the Customer's terms and conditions to the purchase of goods is excluded, even to the extent that they do not conflict with the T&C.

  2. The T&C shall apply in the case of ordering and purchase of goods at ETS's premises in the physical presence of the Customer and the ETS dealer mutatis mutandis, provided that the Customer Consumer shall not have the right to withdraw from the Purchase Contract in such case pursuant to Article VIII, paragraph 5 of the T&C.

  3. ETS shall have the right to change the wording of the T&C at any time, provided that such change shall be effective against the Customer at the moment of publication of the new wording on the ETS website and shall apply to all Purchase Contracts concluded thereafter.

  4. The subjects of the out-of-court settlement of consumer disputes between ETS and the Consumer Customer are Sdružení českých spotřebitelů, z.ú. (The Association of Czech Consumers), email: spotrebitel@regio.cz, web: www.konzument.cz or Česká obchodní inspekce (The Czech Trade Inspection Authority), email: adr@coi.cz, web: www.adr.coi.cz or Spotřebitelský ombudsman, z.ú. (The Consumer Ombudsman), email: info@onlinemediator.cz, web: https://onlinemediator.cz/. The costs associated with the out-of-court settlement of consumer disputes are borne by the parties themselves.

  5. The Consumer Customer is entitled to send ETS a complaint about the violation of his/her rights arising from the purchase of goods or may address his/her complaint to the state supervisory authority, namely the Czech Trade Inspection Authority.

  6. The legal relations between ETS and the Customer are governed by the law of the Czech Republic, even if the Customer resides in another country. Section 1732 (2) CC, Section 2119 (2) CC shall not apply to the Purchase Contract.

  7. The purchase of the goods does not entitle the Customer to exercise any intellectual or industrial property rights relating to the goods or to use logos, trademarks or other signs used by ETS or its suppliers.

  8. ETS shall not be liable for any loss of profit or non-pecuniary damage caused by defects in the goods, damage to the goods due to inadequate packaging or late delivery of the goods.

  9. ETS has the right to publish the Customer's evaluation of the goods. The Customer is not entitled to permanent publication of his/her reviews/evaluations of the goods on the ETS website. ETS has the right to archive orders or information about the content of concluded Purchase Contracts for a period of 10 years from their conclusion.

  10. Letters concerning the performance of the Purchase Contract and claims for goods shall be delivered in writing in person to the addressee or through a postal service operator or in electronic form via a public data network to the addressee's data box or to the electronic address specified in the order/complaint for goods. The letter shall be deemed to have been delivered even if the addressee was not aware of the delivery due to circumstances on his/her side.

  11. By registering in the E-shop, the Customer agrees to receive commercial communications (newsletters) containing information about the goods to be purchased and their price and communications about promotional events to the electronic contacts indicated therein. The Customer is entitled to refuse consent to such use of his/her electronic contact at any time by means of a communication addressed to ETS, including within each individual communication.

  12. The Customer agrees that the ETS website stores short (text) data files (data) referred to as cookies on the Customer's device and accesses this data on the Customer's device, respectively. ETS processes these files in order to store the actions and settings made by the Customer on the ETS website so that the Customer does not have to re-enter these data, thus increasing the user-friendliness of ETS during repeated visits to its website by the Customer, e.g. to maintain the switching of the display from mobile devices to the PC version of the website, to check polls and other to maintain preferences when browsing the website.  The Customer can delete, block or completely disable the use of individual cookies within the settings of his/her internet browser, which will prevent further processing by the Customer.



Prague, on this 15 January 2024



Euro Tattoo Supply a.s.