Terms and conditions

company CO2 offset s.r.o.
valid for online sales of electronic highway stickers.
IČ: 17077630 VAT: CZ17077630
Headquarters: Jičínská 226/17, Žižkov (Prague 3), 130 00 Prague
registered at the Commercial Register C 365793/MSPH, Municipal Court in Prague, Czech Republic.

1. Scope and validity

1.1. These terms and conditions (hereinafter referred to as "TC") apply to contractual relationships arising between the company CO2 offset and... s.r.o. (hereinafter referred to as "Supplier") and third parties (hereinafter referred to as "Buyer") in the Supplier's business activities, consisting of vehicle registration and payment of a fee for. electronic vignettes (further referred to as "e-vignette") valid for the territory of the Czech Republic, Slovakia, Hungary, and Austria, or other countries, based on a mandate agreement according to Sections 2430-2444 of Act No. 89/2012 Coll. (hereinafter referred to as the "Agreement"). The Agreement also includes a binding order confirmed by the Supplier.

1.2. Unless otherwise stated in the individual points of the Agreement, the following terms and conditions apply to the agreed business cases between the Supplier and the Customer. By submitting an internet order, paying the invoice for ordered or already delivered e-vouchers, or sending an order confirmation from the Supplier, both the Customer and the Supplier consider these Terms and Conditions as an integral part of the concluded purchase agreement and agree to them.

2. Subject of performance

2.1. The subject of performance (hereinafter referred to as "Delivery") is electronic vignettes; their type and place of application are specified in the Agreement concluded between the Supplier and the Customer, or in the order placed by the Customer and confirmed by the Supplier.

2.2. The supplier undertakes to use all available knowledge to ensure that the delivery meets the agreed function in full.

2.3. The Supplier may authorize another person to deliver the Order, unless otherwise stipulated in the Contract.

2.4. The supplier undertakes to make the delivery at its own risk at the time agreed upon in the Contract, otherwise at a reasonable time considering the nature of the order. The buyer undertakes to cooperate in the agreed manner, accept the delivery in accordance with the Contract, and pay the agreed price for it.

2.5. The supplier is not liable for damages arising from incorrectly provided information or from other information not disclosed by the Buyer, which is necessary for the proper implementation of the delivery.

2.6. If the delivery is prepared based on documents provided by the Buyer, the Supplier is not responsible for any deviation of the order from the actual needs of the Buyer based on the provided documents.

2.7. The supplier is obliged, due to its professional competence, to notify the customer of inappropriate and incomplete information regarding the subject of the order provided by the customer if the supplier could have identified this inappropriateness with the application of professional care, and this should be done without undue delay from the conclusion of the contract.

3. Price and payment terms

3.1. The delivery price is based on the Supplier's current price list on their website. The price of the foreign e-stamp is determined by converting it into CZK in accordance with the current internal exchange rate of the corresponding currency. The delivery price includes the Supplier's environmental fee.

3.2. The supplier has the right to request a deposit from the Buyer when paying by bank transfer against an issued pro forma invoice, up to the total value of the order.

3.3. The deposit is due on the orally or in writing agreed date to the Supplier's account. In case of non-compliance with the agreed payment terms, the Supplier reserves the right to postpone the agreed delivery date, or in some cases not deliver the shipment or to take back part of the shipment in the extent of the unpaid payment.

3.4. The supplier is obligated to issue the final invoice for the completed delivery within 7 days of the delivery being made, unless otherwise agreed by the parties.

3.5. The payments for the services provided, including advance payments, will be made by the customer through a bank transfer, payment card, or cash deposit to the Supplier's account according to the Supplier's instructions. The payment of the Delivery price is considered completed upon crediting the respective amount to the Supplier's bank account.

3.6. In case of a change in the VAT rate, the Supplier has the right to adjust the total price in accordance with the adjustment made.

4. Delivery Handover

4.1. The supplier is obliged to deliver to the Buyer the Delivery in the scope and quality agreed upon in the Contract, at the place or in the manner agreed upon in the Contract, but only if the Buyer does not have any outstanding overdue obligations towards the Supplier, even from other contractual relationships.

4.2. The purchaser undertakes to enable the supplier to fulfill the commitment under the contract by accepting the delivery in electronic form.

4.3. In the case of ordering electronic highway stickers, the delivery is considered to have been made when the confirmation of vehicle registration in the electronic highway sticker operator's system is sent by the Supplier to the email address provided by the Customer in the order.

4.4. Order highway vignettes We process within 24 hours. Confirmation of the fact that it is vignette active, it will come in the confirmation email within 24 hours.

5. Transfer of risk of damage to the subject of Delivery and ownership of the thing

5.1. The risk of damage to the delivery passes to the Buyer at the time when they take over the delivery from the Seller, or if they fail to do so on time, at the time when the Seller allows them to handle the delivery and the Buyer breaches the contract by not taking over the delivery.

6. Complaints, claims for defects

6.1. Unless agreed otherwise, defects in the delivery must be reported without undue delay after their discovery and in the case of full payment of the order by the customer. Complaints must always be submitted in writing and delivered to the email address [email protected].

6.2. Claims cannot be made for cases arising from the submission of incorrect data by the Customer or a third party, or for cases caused by unavoidable events (force majeure). The Customer can only request a change of license plate if there is a change in the license plate on a specific vehicle, which is subject to a fee of 150 CZK. The changed license plate must be recorded in the vehicle's technical inspection certificate, which the requester for the change must send to the supplier. Additionally, if the supplier has the option, it is possible to request a refund in cases of: duplicated orders (identical license plates with overlapping payment), incorrectly stated country of registration, or non-existent license plate numbers, in which cases the change is subject to a fee of 100 CZK. The supplier may not approve such a change.

6.3. Complaints cannot be applied in cases where the goods have been modified according to the consumer's wishes or for their personal use (e.g. marking the start of validity of a time coupon or filling out a vehicle registration certificate).

7. Rejection of delivery

7.1. In the event that the Supplier does not deliver the Delivery to the Purchaser within the agreed-upon timeframe, the Purchaser has the right to refuse the Delivery.

7.2. In case of delay by the Buyer in paying the invoices issued by the Supplier, the Buyer is obliged to pay the Supplier a contractual penalty in the amount of 0.1% of the amount due for each day of delay, including any commenced day.

8. Termination of the contract

8.1. The customer is entitled to terminate the Contract or its part in case of a material breach of obligation by the Supplier arising from the Contract. A material breach of obligation by the Supplier is considered, in particular, a delay in delivering the Delivery by more than 1 working day after the payment has been credited to the Supplier's account, without this delay being caused by the customer or force majeure, and the Supplier fails to provide the customer with the performance within a reasonable period of time provided to him by the customer.

8.2. The supplier is entitled to withdraw from the contract if the purchaser is in default with payment of their obligations to the supplier.

8.3. Termination of the Contract must always be done in writing with delivery to the address of the other contracting party. Termination of the Contract does not affect the obligation of the Ordering Party to compensate the Supplier for any damage incurred as well as the contractual penalty according to article 7 of the General Terms and Conditions.

8.4. After termination of the contract, the contracting parties are obliged to settle their obligations within 30 days from the termination of the contract.

8.5. The right of withdrawal from the contract does not apply to cases according to Act No. 89/2012 Coll. (Civil Code), § 1837 para. d) on the supply of goods that have been tailored to the consumer's wishes or for their personal use (e.g. marking the start of validity of a time coupon or a completed vehicle registration certificate).

9. Force majeure

9.1. If a delay in performance by the Supplier or the Customer is caused by factors excluding liability (such as partial or complete collapse of electronic communication network, faults and malfunctions preventing registration in the toll system operator's system, natural disasters like floods, fires, earthquakes, landslides etc., or a political event such as a strike, coup, terrorist attack, war etc.), and if this delay is entirely caused by factors excluding liability (hereinafter referred to as Force Majeure), the party that breached the contract due to Force Majeure shall not be liable for the duration of the Force Majeure delaying the performance of its obligation.

9.2. In case of force majeure intervention, the party that is delayed as a result is obligated to inform the other party about the existence of the force majeure intervention without undue delay, but no later than 3 days from the moment it learns about the existence of such intervention. If it fails to fulfill this obligation, it is considered as if it had not been struck by force majeure.

9.3. If the occurrence of a higher power intervention is announced in the manner described in the preceding paragraph, the deadline for performance for the affected party is extended by the duration of the higher power intervention.

9.4. If there is no intervention by a higher power for a period longer than 15 days, either party may withdraw from the contract without sanctions.

10. Other provisions

10.1. In the event that any provision of these Terms and Conditions or any provision of the Contracts, of which these Terms and Conditions are a part, is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions of the Terms and Conditions in the Contracts, of which these Terms and Conditions are a part.

10.2. Unless otherwise specified in the specific Agreement, in case of non-delivery or refusal to accept a document, the document shall be deemed delivered on the 3rd day after sending, when delivered through a postal licensee, courier, or in person. When delivering by email, the document is considered delivered upon sending it to the email address. Documents are sent to the addresses specified in the specific contracts, or to other addresses communicated to the other contracting party.

10.3. According to Act No. 216/1994 Coll., the parties have agreed that all their disputes arising from contracts governed by these General Terms and Conditions or related to them will be resolved in arbitration proceedings ("AP") with final validity at the Arbitration Court of the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules and Regulations by the arbitrator Mr. Milan Polák, registered in the list of arbitrators of the Arbitration Court of the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. If the agreed arbitrator refuses to arbitrate or is unable to arbitrate, a sole arbitrator appointed by the chairman of the Arbitration Court of the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic will arbitrate.

10.4. Out-of-court dispute resolution for consumer disputes related to a purchase agreement falls under the jurisdiction of the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, website: https://adr.coi.cz/cs. Platform for online dispute resolution located at the web address http://ec.europa.eu/consumers/odr It is possible to use it in resolving disputes between the seller and the buyer from the sales contract. European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz According to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution), the contact point is the relevant point for resolving consumer disputes online. The seller is authorized to sell goods based on a trade license. The trade control is carried out by the relevant trade authority within its scope of authority. The Czech Trade Inspection Authority conducts, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.

These terms and conditions come into effect on the day 11.5.2021

11. Personal data protection

11.1. According to Section 11 paragraph 1 of Act No. 101/2000 Coll. on "Personal Data Protection," the Supplier shall not further process the personal data provided by the Customer by filling in and submitting the order to the Supplier. The Supplier undertakes not to provide such personal data to third parties except for parties involved in fulfilling the Supplier's obligations arising from this contract (Czech Post, parcel and courier companies, e-stamp registrars, etc.).

11.2. The supplier may begin processing and using the provided data at any time for their own purposes, such as sending commercial communications or offering goods and services.

11.3. In case of disagreement with the storage or processing of personal data, this disagreement must always be expressed in writing and delivered to the Supplier's address.