Business and delivery terms and conditions, personal data protection policy

Wholesale terms and conditions, which supersede the terms and conditions below, can be found HERE. You must be logged in to your wholesale account.

  1. GENERAL TERMS AND CONDITIONS (B2C) and PRIVACY POLICY

    Petr Čermák – BalonkyPraha.cz IČ: 71862013 Registered office: U Libeňského pivovaru 1615/18, 180 00 Prague 8, Czech Republic

    E-mail: info@balonkypraha.cz
    Phone: +420 774 008 656

    —

    I. Introductory provisions

    1. These terms and conditions govern the rights and obligations between the seller and natural or legal persons (buyers) who conclude a purchase contract through the online store at www.balonkypraha.cz or www.balonikypraha.sk.

    2. If the buyer is a natural person acting outside the scope of his business activities, he is considered a consumer and the provisions on consumer protection apply to him.

    3. These terms and conditions are an integral part of each purchase contract. The purchase contract can only be concluded in the Czech language.

    4. Any deviating provisions in the purchase contract take precedence over these terms and conditions.

    5. By sending the order, the buyer confirms that he has read these terms and conditions and agrees to them.

    II. User account

    1. The buyer can order without registration, or he can set up a user account.

    2. All information provided during registration or ordering must be true and up-to-date. The buyer is responsible for their accuracy.

    3. The buyer may not share access details to the account with other persons. The seller is not responsible for misuse of the account.

    4. The seller reserves the right to cancel the account if it has not been used for more than 12 months, or if the buyer has violated contractual obligations.

    III. Conclusion of the purchase contract

    1. The offer of goods in the e-shop is not a legally binding offer. The purchase contract is formed upon confirmation of the order by the seller.

    2. Before sending the order, the buyer has the opportunity to check and edit the entered data.

    3. After sending the order, the buyer will receive an order confirmation by e-mail, which is considered to be the conclusion of the purchase contract.

    4. The seller may reserve the right to request additional confirmation of the order, e.g. for a larger quantity of goods.

    IV. Price and payment terms

    1. The prices of goods listed on the website are final, including all taxes and fees. The price is valid at the time of ordering.

    2. The buyer can pay the purchase price:

      • in cash or by card at the store,

      • cash on delivery upon receipt of the goods,

      • by online payment card,

      • by transfer to the seller's account.

    3. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the contract. The order can only be sent after the amount has been credited to the seller's account.

    4. The tax document - invoice is sent electronically to the buyer's e-mail.

    V. Delivery of goods

    1. The goods are delivered to the address specified in the order or can be picked up in person at the store.

    2. The buyer is obliged to check the goods upon receipt. If the packaging is damaged, it is necessary to notify the carrier and not accept the shipment.

    3. The shipping costs are displayed when ordering according to the selected delivery method.

    4. If the buyer does not accept the goods, the seller may charge the costs of vain delivery in the amount of CZK 380.

    VI. Withdrawal from the contract (consumer rights)

    1. The consumer has the right to withdraw from the contract within 14 days of receiving the goods without giving a reason.

    2. The withdrawal must be notified to the seller by e-mail or in writing. The buyer can use the sample form.

    3. The goods must be returned within 14 days of withdrawal, undamaged and preferably in the original packaging.

    4. The seller will refund the amount within 14 days in the same way as he received it, but not earlier than after receiving the returned goods.

    5. The buyer bears the costs of returning the goods.

    6. Withdrawal is not possible for goods:

      • custom-made or modified according to the buyer's wishes or order,

      • of a hygienic nature after opening, for example inflated balloons. 

    VII. Complaints and liability for defects

    1. The seller is responsible for ensuring that the goods are free from defects upon receipt and comply with the contract.

    2. Complaints can be submitted by e-mail to info@balonkypraha.cz or in person.

    3. The complaint period is 24 months. The consumer may request repair, replacement, discount or refund.

    4. The buyer will be informed of the outcome of the complaint electronically.

    VIII. Privacy and cookies

    1. The processing of personal data is governed by the privacy policy available on the website.

    2. The buyer agrees to the use of data for processing the order and sending commercial communications, unless he refuses this option.

    3. The website uses cookies. The terms of their use are set out in a separate document.

    IX. Out-of-court dispute resolution

    1. The consumer can resolve any disputes out of court with the Czech Trade Inspection Authority – www.coi.cz.

    2. EU platform for online dispute resolution: https://ec.europa.eu/consumers/odr.

    X. Final provisions

    1. All contractual relationships are governed by the law of the Czech Republic.

    2. If any provision of these terms and conditions is invalid, the others remain in force.

    3. These terms and conditions are valid and effective from 1 January 2023.

    Appendix: A sample form for withdrawal from the contract is available for download on the seller's website.

 

DECLARATION ON THE PROTECTION OF PERSONAL DATA (hereinafter referred to as the declaration):

Principles of personal data protection

1) Personal data controller

    • Personal data controller Petr Čermák, ID number 71862013, with its registered office at U Libeňského pivovaru 18, 18000, Prague 8, Czech Republic, registered in the Trade Register, Prague 7 (hereinafter referred to as the "Administrator"), declares that all personal data processed by the Administrator are strictly confidential. The Administrator handles them in accordance with national legal regulations and European Union regulations applicable in the field of personal data protection.
    • The Administrator collects, stores and uses your personal data within the meaning of Act No. 110/2019 Coll. on the processing of personal data (hereinafter referred to as the Act on the Processing of Personal Data), respectively. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "GDPR Regulation"). The individual purposes for which the controller processes personal data are further defined.
    • The controller also collects this personal data through its websites at BalonkyPraha.cz and BalonikyPraha.sk (hereinafter referred to as the "websites").
    • The controller issues these principles so that you are sufficiently informed about what personal data the controller processes, for what purpose, for how long, who will have access to your personal data and what rights you have. These principles apply to all personal data collected by the controller, whether collected for the purpose of fulfilling a contractual relationship, legal obligation, legitimate interest, or consent granted.

2) Processed data

2.1 We process the following personal data provided by customers (name, surname, delivery address, payment details, telephone number and e-mail address), which is needed to complete the order and deliver the goods you ordered to the relevant address you provided. Without providing this data, we would not be able to deliver your goods to you.

2.2  We use the data provided by you primarily for the rapid delivery of your shipment. Your e-mail address and the telephone number provided are used by us for all communication. You will receive an order confirmation and information about the shipment to your e-mail address. You will receive a notification via SMS that your shipment is ready for collection at your selected location. We use the specified phone number as a contact number in case of urgent information related only to the dispatch of your shipment (delivery of the shipment to the collection point, message about the specific delivery time from your selected delivery company, important information related to your shipment - unavailability of goods, changes in the order, answers to your questions in the note within the ordering process)

2.3  When purchasing in our e-shop, you can use customer registration. Customer registration is voluntary. Furthermore, customer registration entitles you to use promotional discounts and to obtain priority bonuses and information that draw attention to new products and special customer-friendly promotions. You can unsubscribe from the database of registered customers or from the Newsletter subscription at any time. You will then be deleted from our database. You can also shop in our e-shop without customer registration

1.5. Newsletter to e-mail (commercial communication) - If you have not refused to receive commercial communication, we will send you newsletters by e-mail. If you do not wish to receive further newsletters in the future, you can unsubscribe at any time free of charge. You can unsubscribe via the unsubscribe link found in each newsletter or on the home page of our website. If you unsubscribe from the newsletter, we will no longer use your electronic contacts for these purposes.

  • The following are the individual purposes of processing:
    • fulfillment of a contractual relationship means: the relationship between you and the administrator arising from an order, registration, a concluded contract, an application and participation in a competition, etc.;
    • sending commercial communications and offering products and services means: sending commercial offers via electronic mail (e-mail), via short text messages or via telephone call;
    • statistical purposes means: anonymized monitoring of website traffic, as well as monitoring the number of page views, time spent on the website, and the type of device from which you access the website. We collect data in order to improve the quality of the services provided and offer clients relevant content;
    • displaying advertisements means: displaying advertisements on websites based on statistically determined customer preferences;
    • legitimate interest means: effective defense in the event of a dispute; in such a case, the period of processing personal data is 4 years from the expiration of the warranty period for the goods and is extended by the period for which the dispute is ongoing. We want to continuously improve the quality of our services and, if necessary, provide new and better services; we want to prevent the obstruction of such activities; therefore, activities that contribute to the fulfillment of this goal are our legitimate interest. Legitimate interest also includes processing for the purposes of fraud prevention (e.g. assessing the risk of concluding a contract), direct marketing (e.g. offering relevant services to existing customers), transferring personal data within a group of companies for internal administrative purposes, reporting crimes and transferring personal data to the competent authority, ensuring network and information security. This list is only exemplary;
    • fulfillment of other legal obligations means: providing information to authorities involved in criminal proceedings, providing information to other public authorities, and the like.
  • We process your personal data for the period strictly necessary to ensure all rights and obligations arising from mutual legal transactions, at least for the period of processing an order, performing a transaction, providing a service, etc., and for the period for which the administrator is obliged to store personal data according to generally binding legal regulations or for the period for which you have granted the administrator consent. Otherwise, the processing period results from the purpose for which the personal data is processed or is given by legal regulations.
  • Personal data is processed by the administrator manually and automatically. The administrator is authorized to process some information automatically, for example to create statistical information about the traffic of its websites.
  • The seller may entrust the processing of personal data to a third party - a processor.

In particular:

Transport companies - GLS and Liftago - ensuring the distribution of goods

LiveSupporti (providing customer support services)

Microsoft corporation (online marketing tools)

Google LLC (online marketing tools)

Meta, Inc. (online marketing tools)

Seznam.cz, a.s. (online marketing tools)

3) Personal data processed based on consent

    • If we have obtained your consent to process personal data, this was for one of the following purposes:
      • Contact using the customer form
      • Purchase at the Balonkypraha.cz or Balonikypraha.sk e-shop

 

4) Rights of the data subject

    • As a data subject, you have the following rights that arise for you from legal regulations and that you can exercise at any time. These are:
      • the right to access personal data, according to which you have the right to obtain information from the controller about whether the controller is processing your personal data. The controller is obliged to provide you with this information without undue delay. The content of the information is given by the provisions of Article 15 of the GDPR. The controller has the right to request reasonable compensation for the provision of information not exceeding the costs necessary to provide the information;
      • the right to rectification or erasure of personal data, or restriction of processing, according to which you have the right to have personal data that is inaccurate or incorrect corrected. If your personal data are no longer necessary for the purposes for which they were collected or are being processed unlawfully, you have the right to request their erasure. If you do not want to request the deletion of personal data, but only temporarily restrict their processing, you can request the restriction of processing;
      • the right to request an explanation if you suspect that the processing of personal data by the controller is in breach of legal regulations;
      • the right to contact the Office for Personal Data Protection in case of doubts about compliance with the obligations related to the processing of personal data;
      • the right to data portability, i.e. the right to obtain the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format, for more details see Art. 20 GDPR;
      • the right to object to the processing of personal data that is processed for the purpose of fulfilling a task carried out in the public interest or in the exercise of public authority or for the purpose of protecting the legitimate interests of the controller. The administrator will terminate the processing without undue delay unless it demonstrates that there is a legitimate interest/reason for the processing that outweighs your interest, rights or freedoms;
      • the right to withdraw consent to the processing of personal data at any time, if you have given the administrator consent to the processing of personal data.

5) Cookies

    • Cookies are short text files that a website sends to your browser. They allow the website to record information about your visit, such as the selected language and the like, so that your next visit to the site can be easier and more enjoyable for you. Cookies are important because without them, browsing the Internet would be much more complicated. Cookies enable better use of our website and tailoring its content to your needs; they are used by almost every website in the world. Cookies are useful because they increase the user-friendliness of a repeatedly visited website.
    • The administrator may use the following types of cookies on the website:
      • Sessional (i.e. temporary) cookies allow us to link your individual activities while browsing this website. These files are activated when you open your browser window and deactivated when you close your browser window. Sessional cookies are temporary and all these files are deleted when you close your browser.
      • Persistent cookies help us to identify your computer if you visit our website again. Another advantage of persistent cookies is that they allow us to adapt our website to your needs.
    • In accordance with the provisions of Section 89(3) of Act No. 127/2005 Coll., on electronic communications, as amended, we would like to inform you that our websites use cookies for their activities, i.e. that we process your cookies, including permanent ones.
    • Internet browsers usually include cookie management. As part of your browser settings, you can probably manually delete individual cookies, block them or completely prohibit their use. For more information, use the help of your internet browser. If you do not allow the use of cookies, some functions and pages may not work as they should.
    • We use cookies to personalize content and advertisements, provide social media functions and analyze our traffic. We share information about how you use our website with our partners operating in the field of social media, advertising and analytics. By using the website, you agree to the linking of the following services:
      • Google
      • Facebook
      • cz
      • Microsoft Corporation
      • Live Support
    • In order to display targeted advertising within advertising and social networks on other websites, we transfer data about your behavior on the website to these advertising and social networks; however, we do not transfer your identification data to them.

6) Third-party functions

All data is collected through our website using marketing tools, primarily Google Analytics. These tools serve exclusively to improve existing services and marketing purposes, but do not allow the identification of a specific user or the collection of their personal data. 
The option to prevent the collection of this information is described in the paragraph below. However, we do not sell, exchange or rent this data in any case. You can find more information on the websites of the individual service providers, especially at https://www.google.com/analytics/ or in the Wikipedia online encyclopedia at https://cs.wikipedia.org/wiki/Google_Analytics. 

7) How to refuse the use of cookies

Some functions of our websites are based on cookies. Even if you have given your consent to the use of cookies that track your behavior on the website, you can subsequently block their use. If you decide to block cookies, you will probably not be able to log in or use these functions and you may lose your preferences that are based on cookies. The use of cookies can be set using your internet browser. Most browsers automatically accept cookies by default. You can use your web browser to refuse cookies or to set the use of only certain cookies.

Information about browsers and how to set cookie preferences can be found on the following websites:

An effective tool for managing cookies is also available on the website http://www.youronlinechoices.com/cz/

8) In case of doubts about compliance with personal data protection rights, you can contact our personal data protection officer – Petr Čermák – p.cermak@balonkypraha.cz with a request for correction or explanation. The supervisory authority is the Office for Personal Data Protection – www.uoou.cz.

 Principles valid from 1.1.2024.