These terms and conditions hereinafter referred to as the terms or the conditions govern the rights and obligations of you as buyers and us as sellers within the contractual relations concluded through the e-shop on the website digitalambition.tech.
The information about the processing of your personal data is contained in the privacy and cookies document, which can be found at digitalambition.tech/privacy-and-cookies.
Given the nature of e-shopping, it applies to our contract that means of distance communication are used, which allow us to reach an agreement without the simultaneous physical presence of both sides.
Shall a part of the Terms contradict something we have together agreed upon in the process of your purchase on our e-shop, then this particular agreement will take precedence over the Terms.
The price is the financial amount one has to pay for the goods.
The e-shop is an online store operated at digitalambition.tech, where the purchase of the goods will take place.
The invoice is a document issued regarding the purchase you made.
The terms we, us and our side denote the company Digital Ambition s.r.o., with its registered office at Slovákova 351/2, 602 00 Brno, CZ, CIN 64509621, registered in the Commercial Register under file no. C22871 kept at the Regional Court in Brno, e-mail email@example.com, referred to by legislation as the seller.
The term you denotes the person purchasing goods on our e-shop, referred to by legislation as the buyer.
The order is your irrevocable proposal to conclude a contract regarding the purchase of goods from us.
The contract is a purchase contract negotiated on the basis of a completed order sent through the e-shop, and is concluded when you receive an order confirmation from us.
The user account is an account established on the basis of the data provided by you, which enables the storage of the entered data and the storage of the history of the ordered goods and concluded contracts.
The goods are all that you can purchase on the e-shop.
The purchase of the goods is only possible through the web interface of the e-shop.
When purchasing the goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to us to be correct and true.
The contract with us can only be concluded in the English language.
In order to be able to conclude the contract, you need to create a draft order on the e-shop. The following information must be provided in the proposal:
During the creation of the order proposal, you can change and check the data until its creation. Once you check the data, you will be able to create an order by pressing the “Pay …” button. However, before pressing the button, you must confirm your acquaintance and agreement with these conditions, otherwise it will not be possible to create an order. Use the “I agree” button to confirm that you agree and proceed. Once you press the “Pay …” button, all data you filled in will be sent to us.
We will confirm your order as soon as possible after it is delivered to us by a message sent to your e-mail address entered in the order. The confirmation will include a summary of the Order and optionally also these conditions. By confirming the order on our part, a contract is concluded between us and you. The conditions as amended as of the date of the order form an integral part of the contract.
In the event that a manifestly incorrect price is stated in the e-shop or in the draft order, we are not obliged to deliver the goods to you for this price even if you have received an order confirmation and the contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new contract in an amended form compared to the order. In such a case, the new contract is concluded when you confirm our offer. In the event that you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded contract.
Once the contract is concluded, you are obliged to pay the price.
If you have set up a user account, you can place an order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating an order is the same as in the case of a buyer without a user account, the advantage is that there is no need to fill in your identification data repeatedly.
In some cases, you can take advantage of a discount on the purchase of the goods. In order to use a discount, you must fill in the details of this discount in the pre-determined field within the order proposal. If you do so, the goods will be provided to you at a discount.
The price is always stated in the e-shop, in the draft order and, of course, in the contract. In the event of a discrepancy between the price stated for the goods within the e-shop and the price stated in the draft order, the price stated in the draft order will apply, which will always be the same as the price in the contract.
We will demand payment of the price from you after concluding the contract and before handing over the goods. You can pay the price in the following ways:
The invoice will be issued in electronic form after payment of the price and will be sent to your e-mail address.
Ownership of the goods passes to you only after you pay the price and take over the goods. Payment of the price is the moment of payment.
The goods will be delivered to you by an e-mail as a download link.
The delivery time of the goods always depends on the e-mail service provider and the selected method of payment. Estimated delivery time of the goods is within 30 minutes of order confirmation. The stated time is only indicative and may differ from the actual delivery time.
If, for reasons arising on your part, the goods are delivered repeatedly or in a manner other than agreed in the contract, it is your obligation to reimburse us for the costs associated with this repeated delivery. We will send you payment details for the payment of these costs to your e-mail address specified in the contract and are due 14 days after delivery of the e-mail.
Danger to damage to the goods passes to you the moment you take it over. In the event that you do not take over the goods, the risk of damage to the goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the goods.
We guarantee that at the time of the transfer of the risk of damage to the goods according to article 5.4 of the conditions, the goods are free of defects, in particular that:
In the event that the goods are defective, especially if any of the conditions under article 6.1 are not met, you can notify us of such a defect and exercise the rights from defective performance (i.e., claim the goods) by sending an e-mail or letter to our addresses listed at our identification data. In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you may not subsequently change this choice, except in the cases pursuant to article 6.3, without our consent. We will handle the complaint in accordance with the right you have exercised from the defective performance. In the event that you do not choose the solution of the defect, you have the rights specified in article 6.4 even in situations where the defective performance was a material breach of the contract.
In the event of a material or non-material breach, you may not withdraw from the contract or request delivery of a new item if you are unable to return the goods in the condition in which you received them. However, this does not apply in the following cases:
Within three working days of receiving the complaint, we will confirm to your e-mail address that we received the complaint, when we received it and the expected duration of the complaint. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by mutual agreement. If the period expires in vain, you can withdraw from the agreement.
We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of expediently incurred costs. You are obliged to prove these costs, e.g., by receipts or receipts for the price of transport. In the event that the defect has been eliminated by delivery of new goods, it is your duty to return the original goods to us, but we will cover the costs of this return.
The exercise of rights arising from defective performance and claims for action is governed by the provisions of §1810 et seq., §1820 et seq. and §2099 et seq. Civil Code and the Consumer Protection Act (CZ).
If you are an entrepreneur, it is your duty to report and reprimand the defect without undue delay after you have been able to find it, but no later than within three days of receipt of the goods.
If you are a consumer, you have the right to exercise the rights arising from defective performance in the event of a defect that occurs in the consumer goods within 24 months of receipt of the goods.
The provisions on the law of defects do not apply in the case of:
Withdrawal from the contract, i.e., the termination of the contractual relationship between us and you from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the conditions, in which the possibility of withdrawal is explicitly stated.
If you are a consumer, i.e., a person purchasing the goods outside the scope of your business, you have the right to withdraw from the contract without giving a reason within 14 days from the date of delivery of the goods in accordance with the provisions of §1829 of the Civil Code. In the event that we have concluded a contract, the subject of which is several types of goods or delivery of several parts of the goods, this period begins to run on the day of delivery of the last part of the goods, and in the event that we have entered into an agreement under which we will deliver the goods to you regularly and repeatedly, begins on the day of delivery of the first delivery. You may withdraw from the agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed in our identification data).
However, even as a consumer, you may not withdraw from the contract in cases where the subject of the contract is the supply of digital content, unless it was delivered on tangible media and was delivered with your prior express consent before the withdrawal period and we have informed you that you are not entitled to withdrawal from the treaty.
The withdrawal period according to article 7.2 of the conditions is considered to be complied with if you send us a notice that you withdraw from the agreement during the period.
In the event of withdrawal from the agreement, the price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected withdrawal from the agreement. However, the amount will not be refunded until you return the goods to us or prove that it has been sent back to us.
In the event of withdrawal from the contract pursuant to article 7.2 of the conditions, you are obliged to send the goods to us within 14 days of withdrawal and you bear the costs associated with returning the goods to us. On the other hand, you are entitled to a refund of the price for transport, but only in the amount corresponding to the cheapest offered method of delivery of the goods, which we offered for the delivery of the goods. In the event of withdrawal due to the fact that we violate the concluded contract, we also pay the costs associated with returning the goods to us, but again only up to the price of transport corresponding to the cheapest offered method of delivery of goods, which we offered when delivering goods.
You are liable to us for damage in cases where the goods will be damaged as a result of your handling of them in a way other than the need to handle them with regard to its nature and properties. In such a case, we will bill you for the damage caused after the goods are returned to us and the due amount is 14 days. In the event that we have not yet returned the price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the price.
We are entitled to withdraw from the contract at any time before we deliver the goods to you, if there are objective reasons why it is not possible to deliver the goods (especially reasons on the part of third parties). We may also withdraw from the agreement if it is clear that you have provided intentionally incorrect information in the order.
If you are a consumer, according to the Consumer Protection Act, you have the right to an out-of-court settlement of a consumer dispute arising from the contract. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: coi.cz/en/information-about-adr/. The out-of-court settlement of a consumer dispute is initiated exclusively at your request, in the event that the dispute has not been resolved directly with us. The proposal can be filed with us no later than 1 year from the date on which you exercised your right in dispute.
You also have the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr.
If our legal relationship contains an international element (for example, we will send you goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your legal rights.
The goods are intended for end use only and it is forbidden to resell them.
We will deliver all written correspondence to you by e-mail. Our e-mail address is listed next to our identification data. We will deliver correspondence to your e-mail address specified in the agreement, in the user account or through which you contacted us.
The contract can only be changed on the basis of our written agreement. We are entitled to amend these terms, but this change will not affect the contracts already concluded, only the contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if we are to deliver the goods to you regularly and repeatedly on the basis of the contract. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a notice of the concluded contract for regular and repeated deliveries of the goods from you within 14 days of sending the information about the change, the new conditions become part of our contract and apply to the next delivery of the goods following the change effective. The notice period if you give notice is 14 days.
In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractors’ failures, etc.), we are not liable for damage caused by or in connection with force majeure, and if the force majeure lasts for more than 10 days, you and you have the right to withdraw from the agreement.
Our codes are not affected by any codes of conduct according to §1826 par. g) of the Civil Code.
These conditions take effect on 28.03.2023