General Terms and Conditions
Petr Čermák – BalonkyPraha.cz
IČ 71862013, with registered office at U Libeňského pivovaru 1615/18, 180 00, Prague 8, Czech Republic
Wholesale terms and conditions superior to the terms and conditions listed below can be found HERE. You must be logged in to your wholesale account.
I. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with the conclusion of a purchase contract or on the basis of a purchase contract concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through the seller's online store operated at balonkypraha.cz, balonikipraha.sk (hereinafter referred to as the “online store”), namely through the store's web interface (hereinafter referred to as the “store's web interface”).
If a purchase contract with the seller is concluded by a natural person acting outside the scope of their business activity or outside the scope of the independent performance of their profession, this natural person is a consumer (hereinafter referred to as the “consumer”).
The Seller and the Buyer (or future Buyer) are also referred to together as the "contracting parties".
The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's websites located at balonkypraha.cz, balonikipraha.sk (hereinafter referred to as the "website") and other related legal relationships.
By sending an order via the online store, the Buyer expressly confirms that he has read these Terms and Conditions (in the version valid and effective at the time of sending the order) and that he agrees to them without further ado.
The Terms and Conditions are an integral part of the purchase contract concluded via web interface of the store.
Derogatory agreements from the agreements contained in these terms and conditions can be agreed in the purchase contract. Deviating agreements in the purchase contract take precedence over the application of the provisions of the terms and conditions.
The terms and conditions and the purchase contract concluded on their basis are drawn up and agreed in the Czech language. The purchase contract can be agreed in the Czech language.
II. User account, disclosure of data
The buyer is entitled to order goods directly from the seller's web interface, without the need for any prior registration.
Based on the buyer's registration within the web interface of the store or after receiving access data from the seller, the buyer is entitled to access his user account established within the web interface of the store and through it to order goods offered by the seller through the online store.
When registering, as well as when providing data outside of registration, the buyer is obliged to provide true and correct all information provided. The seller is not obliged to review the data provided by the buyer and can fully consider them to be correct, true and complete. The same applies to the data provided within the user account.
Access to the user account established within the web interface of the store is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Buyer acknowledges that the Seller is not liable for the Buyer's breach of this obligation.
The Buyer is not entitled to allow third parties to use the user account.
The Buyer is obliged to update the data provided within the registered account immediately if they change.
The Buyer acknowledges that the user account may not be accessible continuously, especially with regard to the necessary updating and maintenance of the Seller's software and hardware equipment, or third parties.
The seller is entitled to cancel the user account, especially if the buyer does not use it for more than 1 year, or in the event of a breach of the buyer's obligations arising from the purchase contract (or purchase contracts) including the terms and conditions that are part of them, concluded with the seller.
III. Notice before concluding the purchase contract
The web interface of the store contains an offer (list) of goods that the seller offers to the buyer. The offer includes the price of individual goods per specified unit (unless otherwise specified, then per one piece of goods, or per package), including VAT at the statutory rate and all related fees stipulated by law. The web interface of the store also contains detailed conditions for paying the purchase price for the offered goods and the conditions of their packaging and transport, including costs according to the selected method of payment and transport. Information regarding shipping costs provided on the store's web interface applies only to the shipping (delivery) of goods within the Czech Republic and European Union states.
The offer of goods and related services (e.g. transportation) provided on the store's web interface is valid for the period of display on the store's web interface.
The above provisions of this article do not affect the right of the seller and the buyer to conclude a purchase contract under individually agreed conditions.
All offers of goods offered by the seller through the store's web interface are informative in nature and are not binding. The seller is not obliged to conclude a purchase contract regarding these goods. Provisions of Section 1732, Para. 2 of the Civil Code shall not apply.
In order to order goods, the buyer fills out an order form on the store's web interface (hereinafter referred to as the "order"), which primarily contains information (1) about the selected goods (which the buyer places in the electronic shopping cart on the store's web interface), (2) the method of payment for the purchase price for the ordered goods and the selected type of delivery of the goods, (3) information about the costs of packaging the goods, their transport according to the buyer's choice and the costs related to the selected type of payment of the purchase price and (4) data necessary for the delivery of the goods - the buyer's first and last name (or title), his address of residence or registered office, or the delivery address, if different, e-mail contact (hereinafter referred to as the "buyer's electronic address") and telephone contact. If the buyer is not a consumer, he is also obliged to provide his identification number (IČ) and, in the case of a VAT payer, also the VAT number in the format of the country of residence without spaces.
Before sending the order to the buyer via the web interface of the store (i.e. before clicking on the "send order" button in the order form), the buyer is allowed to check the entered data (in particular about the goods, the buyer's identity, delivery and payment) (in particular through the so-called order recapitulation) and change or correct any errors in the data entered by the buyer within the order.
The buyer's order is considered binding upon its sending (i.e. by clicking on the "send order" button) within the order form. The seller considers the data provided in the order to be correct.
After receiving the buyer's order sent via the store's web interface, the seller confirms the received order to the buyer by e-mail sent to the buyer's e-mail address specified in the order, immediately, no later than 24 hours after delivery of the order. The order confirmation contains the text of the purchase contract (or its parameters) and the text of these terms and conditions.
The purchase contract is considered concluded upon delivery of the order confirmation (acceptance) sent in accordance with the previous point of these terms and conditions.
The seller is always entitled, with regard to the nature of the order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the order from the buyer (e.g. by e-mail, by telephone or in writing). The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order, to demand payment of the purchase price before sending (delivering) the goods to the Buyer.
The Seller reserves the right not to conclude a purchase contract with the Buyer, especially with a Buyer against whom it records receivables after the due date, or who in other ways has significantly violated the terms of the concluded purchase contract, including the terms and conditions that were part of it, in previous business cases. The Buyer expressly acknowledges the Seller's right referred to in the previous sentence.
By sending the order, the Buyer agrees that means of distance communication will be used when concluding the purchase contract via the web interface of the store.
The Seller informs, pursuant to the provisions of Section 1820, paragraph 1, letter a) of the Civil Code, that the costs of means of distance communication (e.g. Internet connection) are borne by the Buyer himself. The named costs do not differ from the basic rate.
If the seller delivers a larger quantity of goods to the buyer than agreed, the purchase contract is concluded for the excess quantity, unless the buyer rejects it without undue delay.
The seller reserves the right of ownership to the goods (things) that are the subject of purchase under the purchase contract, i.e. the buyer acquires the right of ownership to the goods by paying the purchase price in full.
IV. Price of goods and payment terms
The price of the offered goods is stated within the offer of goods contained in the web interface of the store, always for a specified unit (unless otherwise specified, then for one piece of goods), including VAT at the statutory rate and all related fees stipulated by law.
The seller is entitled to pay the purchase price for the ordered goods in one of the following ways:
- in cash and by card at the seller's premises at U Libeňského pivovaru 18, 180 00, Prague 8 and Národní obrany 35, 160 00 Prague 6-Bubeneč.
- in cash on delivery upon receipt of the goods at the location specified in the buyer's order or in the purchase contract
- by wire transfer to the seller's bank account No. 2690060287/5500, held at Raiffeisenbank a.s.
- cashless payment card
The buyer is obliged to pay the seller, together with the purchase price, the costs associated with packaging and delivery of the goods and the costs associated with the selected type of payment, all in the agreed amount (collectively hereinafter referred to as the "purchase price", unless expressly stated otherwise).
When paying by cashless transfer, the buyer is obliged to specify the payment with a variable symbol specified by the seller in the order confirmation.
In the case of payment by cash on delivery, the purchase price is payable upon receipt of the goods.
In the case of payment by bank transfer or payment card, the purchase price is due within 5 days from the date of conclusion of the purchase contract.
The purchase price is considered paid by paying it in cash, in the form of so-called cash on delivery, and in the case of payment by bank transfer, by crediting the purchase price to the seller's bank account.
If this is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
V. Discounts and discount codes
According to the conditions given in advance, we provide wholesale discounts and possible quantity discounts. The size of the discounts is always subject to the buyer's turnover and is checked at least once every 365 days.
Within the online platform, it is possible to use discount codes, which are available in some cases on the public addresses of our e-shop and third-party websites. This use is permitted only to retail customers. If the codes are used for wholesale purposes, wholesale customers are subject to customer account discount restrictions. In the case of repeated use, the account is also blocked. For B2B customers, we issue special codes that are sent out several times a year via email.
VI. Delivery of goods
The method of delivery of goods is determined by the seller, particularly taking into account the nature, quantity and dimensions of the goods, unless otherwise specified in the purchase contract. In the event that the method of transport is agreed upon based on the buyer's request, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to accept the goods upon delivery. If the buyer does not accept the goods upon delivery, the seller is entitled to withdraw from the purchase contract.
In the event that, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the seller the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
In the event that the buyer does not accept the goods delivered to a location other than the seller's premises from the carrier (or similar person), the buyer undertakes to pay the seller compensation for the costs of unsuccessful delivery in the actual amount and compensation for the costs related to packaging the goods and the seller's necessary administrative steps in the flat rate of CZK 380 per delivery (package). The buyer undertakes to pay the costs specified in this section of the terms and conditions to the seller within 10 days from the date of sending the seller's request for payment to the buyer's email address.
The seller ships the goods marked in the goods offer on the store's web interface with the comment "in stock" within 48 hours (in working days) after concluding the purchase contract. If the payment method in advance is chosen, then within 48 hours (in working days) from the date of crediting the purchase price to the seller's bank account. The seller ships other goods within 48 hours (in working days) after concluding the purchase contract, or after crediting the purchase price to his bank account according to the rules contained in this section of the terms and conditions. The period for dispatching the goods may be extended proportionately to the circumstances depending on force majeure or circumstances beyond the seller's control.
If the seller cannot dispatch within the period specified in the terms and conditions or the purchase contract, he is obliged to notify the buyer of this fact without undue delay.
The seller will fulfill his obligation to hand over the goods to the buyer if he allows him to handle the goods at the place of performance and at the same time notifies him of this in a timely manner.
When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. If the packaging is found to be damaged, indicating unauthorized entry into the shipment or damage to the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note (or confirmation of delivery of the shipment), the buyer confirms that the shipment of goods met all conditions and requirements. Any later complaint regarding the damage to the packaging of the shipment cannot be taken into account.
Further rights and obligations of the contracting parties may be modified by the delivery conditions of the seller or a third party providing transportation at the buyer's choice.
When placing an order, the buyer is entitled to choose one of the currently offered methods of transport on the store's web interface, in particular transport via:
GLS transport company
Transport to GLS ParcelShop delivery points
Balonkurýr express transport
Transport to Slovakia via:
GLS transport company
Transport to GLS ParcelShop pick-up points
The final shipping price is calculated according to the weight of the products in the order. The above-mentioned transport prices do not prevent the negotiation of individual transport conditions according to the mutual agreement of the contracting parties or according to the setting of special conditions through the buyer's user account within the web interface of the store.
The buyer can also collect the goods in person at the seller's premises at U Libeňského pivovaru 18, 180 00, Prague 8 and Národní obrany 35, 160 00 Prague 6-Bubeneč during the operating hours of the premises. Personal collection is not charged.
VII. Withdrawal from the purchase contract
The provisions of this article of the terms and conditions apply only to purchase contracts concluded by the buyer as a consumer.
The buyer is entitled to withdraw from a purchase contract concluded remotely within a period of fourteen days, which runs from the date of receipt of the goods. If the subject of the contract is a regular repeated delivery of goods, this period runs from the date of receipt of the first delivery of goods.
To exercise withdrawal from the contract pursuant to Article VII. para. 2 of these terms and conditions is sufficient if the withdrawal from the contract is sent within the specified period.
For the purposes of exercising the right to withdraw from the contract, the buyer must inform the seller of his decision to withdraw from the concluded contract in a clear and demonstrable manner (e.g. in the form of a letter or e-mail). The buyer may use the sample withdrawal form, which is part of the confirmation email from the online store balonkypraha.cz, balonikypraha.sk, but this is not his obligation. The consumer is obliged to send the withdrawal from the contract to the seller's address U Libeňského pivovaru 18, 180 00, Prague 8 or to his e-mail address: info@balonkypraha.cz.
The buyer is not entitled to withdraw from the purchase contract in cases pursuant to the provisions of Section 1837 of the Civil Code, in particular if (1) the ordered goods have been modified according to the consumer's wishes or for his person or (2) in the case where the consumer has already removed the goods from the sealed packaging and for hygiene reasons it is not possible to return them or (3) if the goods have been irretrievably mixed with other goods or (4) the goods are perishable.
In the event of withdrawal from the contract, the contract is cancelled from the beginning. When withdrawing from the contract, the buyer is obliged to return the delivered goods to the seller within 14 days from the date of withdrawal from the contract. The goods must be returned to the seller by the buyer undamaged and unworn, and if possible, in the original packaging.
If the consumer withdraws from the contract, the seller will return to him without undue delay, no later than 14 days from the date on which he was informed of the withdrawal from the contract, all funds, including delivery costs, that he received from him under the contract, in the same way. The seller will return the money received to the consumer in another way only if the consumer has agreed to it and if this does not incur additional costs.
If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the entrepreneur, the seller will return the costs of delivery of the goods to the consumer in the amount corresponding to the cheapest method of delivery offered.
In the event of withdrawal from the contract, the buyer will bear the costs associated with returning the goods, and if it is a contract concluded via a means of distance communication, the costs of returning the goods if the goods cannot be returned by their nature by regular mail.
The seller is obliged to return the amount paid to the buyer transport costs only in the event that the buyer withdraws from the entire purchase contract (i.e. in relation to all ordered and delivered goods). If the buyer withdraws from the purchase contract only in part, the buyer is not entitled to a refund of transport costs.
The seller is not obliged to return the funds received to the buyer pursuant to Article VII. paragraph 7 of these terms and conditions before the consumer hands over the goods to him or proves that he has sent the goods to the seller's address.
The buyer acknowledges that if the goods returned by the buyer are damaged, worn out or partially consumed, the seller is entitled to compensation for the damage incurred by him as a result. The seller is entitled to unilaterally offset the claim for damages under the previous sentence against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the contract at any time until the buyer takes over the goods. In such a case, he is obliged to return the purchase price already paid to the buyer without undue delay, by bank transfer to the account from which the purchase price was paid by the buyer, or to an account designated by the buyer.
If the seller provides the buyer with a gift along with the ordered goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding the gift loses its effectiveness. The buyer is obliged to return the gift provided to the seller along with the return of the goods (as a result of withdrawal from the purchase contract).
VIII. Liability for defects, quality guarantee
The rights and obligations of the contracting parties regarding the seller's liability for defects in the goods are governed by the relevant generally binding regulations, in particular the provisions of Section 2161 et seq. of the Civil Code and the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
The seller is responsible to the buyer that the item (goods) is free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,
the item has the properties that the parties agreed upon and, in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
the item is suitable for the purpose that the seller states for its use or for which an item of this type is usually used,
the item corresponds in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
is the thing in the appropriate quantity, measure or weight and
the thing complies with the requirements of legal regulations.
Art. VIII. para. 2 of these terms and conditions shall not apply:
in the case of an item sold at a lower price, to a defect for which the lower price was agreed,
to wear and tear of the item caused by its usual use,
in the case of a used item, to a defect corresponding to the degree of use or wear and tear that the item had when it was taken over by the buyer, or
if this results from the nature of the item.
If the defect becomes apparent within six months of acceptance, it is assumed that the item was defective upon acceptance, unless this is contrary to the nature of the item or unless the contrary is proven.
The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of acceptance.
The buyer shall exercise the rights arising from defective performance with the seller at U Libeňského pivovaru 18, 180 00, Prague 8, or via the seller's electronic address info@balonkypraha.cz. The right to exercise the defect is exercised with the seller upon delivery of the complaint together with the claimed goods. The costs of transporting the goods for the claim to the seller are paid by the buyer.
If the buyer exercises the right to a defective performance, the seller will confirm in writing to the buyer's electronic address when the right was exercised, as well as the performance of the repair and its duration. In the same way, the seller informs the buyer about the settlement of the claim.
If the period for which the item can be used is stated on the item being sold, on its packaging, in the instructions attached to the item or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By means of a quality guarantee, the seller undertakes that the item will be suitable for use for its usual purpose for a certain period of time or that it will retain its usual properties.
The buyer has no right under the guarantee if the defect was caused by an external event after the risk of damage to the item passed to the buyer. This does not apply if the defect was caused by the seller (e.g. by using the item in a manner contrary to the purpose for which the item is intended, or in a manner contrary to the instructions for its use).
IX. Safety instructions
Unless otherwise stated by the manufacturer on the product, all products sold through the online store are considered unsuitable for children, and when working with them, adult supervision is recommended, who will ensure that the goods are used correctly and that they are not accidentally consumed, inhaled, or used in any way that is hazardous to health.
The seller warns buyers that during their work and creative activities, they should always think about their safety and the safety of their surroundings and follow the instructions and labels of the purchased goods.
X. Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the purchase price of the goods in full.
The risk of damage passes to the buyer upon receipt of the item (goods). The same consequence applies if the buyer does not take over the item, although the seller has allowed him to handle it.
The buyer acknowledges that in relation to the use of the goods, he is obliged to pay attention to the information contained on the packaging of the goods, in its package leaflets, as well as the information provided on the web interface of the store.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter a. e) of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
If the buyer has set up a user account, older orders placed via the store's web interface are available within it.
The buyer acknowledges that the software and other components making up the store's web interface (including photographs of the goods offered) are protected by copyright law. The Buyer undertakes not to perform any activity that could allow him or third parties to unauthorizedly interfere with or use the software or other components that make up the web interface of the store.
When using the web interface of the store, the Buyer is not entitled to use software mechanisms or other procedures that could have a negative impact on the operation of the web interface of the store. The web interface of the store may only be used to the extent that it does not prejudice the rights of other customers of the seller and that is in accordance with its purpose.
The buyer acknowledges that the seller is not liable for errors resulting from third-party interference with the store's website (or web interface of the store) or as a result of its use contrary to its purpose.
The seller hereby informs the buyer, who is a consumer, in accordance with the provisions of Section 14 of the Consumer Protection Act, that disputes between the seller and the buyer that have not been settled directly can also be resolved through out-of-court settlement of consumer disputes. The Czech Trade Inspection Authority, ID number 00020869, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The Czech Trade Inspection Authority also supervises compliance with the Consumer Protection Act, among other things. The seller is authorized to sell goods on the basis of a trade license. Trade licensing inspection is carried out within its scope by the relevant trade licensing office.
Supervision of personal data protection is carried out by the Office for Personal Data Protection with ID number 71862013, registered office at Pplk. Sochora 27, 170 00 Prague 7.
The seller is not liable for damage to the health or property of the buyer or third parties arising in connection with the improper use of the goods (goods), i.e. use that is contrary to the nature and purpose of the thing, or that is contrary to the instructions for use of the thing.
The buyer hereby assumes the risk of a change in circumstances within the meaning of the provision § 1765, paragraph 2 of the Civil Code.
XI. Protection of personal data and sending commercial communications
Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the "Personal Data Protection Act").
The Buyer grants consent to the processing of personal data (in particular name, surname, company name, address of residence or place of business, delivery address, identification number, tax identification number, e-mail address and telephone contact, hereinafter referred to as "personal data") and the Seller declares that this data will be processed and stored in accordance with the valid and effective legal regulations of the Czech Republic, in particular in accordance with the Personal Data Protection Act. The Buyer hereby grants consent to the processing of personal data entered as part of any registration of a user profile and individual orders placed via the store's web interface. The Seller hereby declares that the Buyer's personal data will be used on the basis of this consent only to fulfill the rights and obligations arising from the purchase contract (Buyer's order), or the Seller's marketing campaigns and the Seller's internal statistics. The Seller will not make personal data available to third parties, with the exception of third parties in connection with the distribution or payment system in relation to the ordered goods (in particular, the provision of the name and delivery address). In such a case, the Seller is entitled to make available to third parties, in particular, the Buyer's name, surname, address, telephone contact for the Buyer and the Buyer's electronic (e-mail) address, and the Buyer gives express consent to such provision.
For the purposes of this consent, personal data also means so-called "cookies" within the meaning of Directive 95/46/EC. The Buyer agrees to the storage of so-called cookies on his computer. In the event that a purchase can be made on the store's web interface and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.
Possibly supplemented in relation to online payments - depending on whether they are possible.
Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The seller may entrust the processing of personal data to a third party - a processor.
The buyer acknowledges that he is obliged to provide his personal data (when ordering via the store's web interface, as well as when entering data within his user account) correctly and truthfully. The Buyer is also obliged to inform the Seller of any change in the specified data without undue delay after the change has occurred.
The Buyer agrees (unless he has chosen another option) to sending offers and information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to sending the Seller's commercial communications to the Buyer in the same way. Consent according to the previous sentence is not a condition for concluding a purchase contract.
The buyer confirms that the personal data provided by him is accurate and that he has been informed that the provision of personal data is voluntary.
In the event that the buyer believes that the seller (or processor) is processing his personal data in a way that is contrary to the protection of the buyer's private and personal life or in violation of the law (especially if the personal data is inaccurate with regard to the purpose of their processing), he may ask the seller (or processor) for an explanation or demand that the seller (or processor) eliminate the situation that has arisen in this way.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.
XII. Delivery
Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender's choice). It is delivered to the buyer via his electronic address specified in the order or in his user account.
The message is delivered in the case of:
delivery by electronic mail at the moment of its receipt on the incoming mail server; The integrity of messages sent by electronic mail can be ensured by a certificate. Delivery in person or through a postal service operator, by the addressee accepting the shipment or refusing to accept the shipment. Delivery through a postal service operator, by the expiry of a ten-day period from the deposit of the shipment and the issuance of a request to accept the deposited shipment, if the shipment is deposited with the postal service operator, even if the addressee did not learn about the deposit. Delivery by a postal service operator, by the addressee receiving the shipment supportLists]-->XIII. Final provisions
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that such a relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
The seller is entitled to unilaterally change or supplement the terms and conditions. The new terms and conditions are effective against the seller from their publication at the address of the online store. The new wording of the terms and conditions does not affect the rights and obligations arising from the previous wording of the terms and conditions.
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
Changes and amendments to the purchase contract or terms and conditions require written form.
The appendix to these terms and conditions is a sample form for withdrawal from the contract available on the website of the online store.
These terms and conditions come into force and effect on 01.01.2023.
Contact details for the seller: Petr Čermák – BalonkyPraha.cz, U Libeňského pivovaru 18, 180 00, Prague 8 – ID number 71862013, e-mail address: info@balonkypraha.cz.cz, tel. +420 774 008 656 More detailed contacts are available on the website of the online store.
In Prague, January 1, 2023
DECLARATION ON THE PROTECTION OF PERSONAL DATA (hereinafter referred to as the declaration):
Principles of personal data protection
1) Personal data administrator
- Personal data administrator Petr Čermák, IČ 71862013, with its registered office at U Libeňského pivovaru 18, 18000, Prague 8, Czech Republic, registered in the Trade Register, Prague 7 District Administrative District (hereinafter referred to as the "Controller"), declares that all personal data processed by the Controller are strictly confidential. The Controller handles them in accordance with national and European Union legislation applicable in the field of personal data protection.
- The Controller 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), or 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.