Terms and Conditions of CO2 offset s.r.o.
valid for the online sale of electronic highway vignettes.
ID No.: 17077630 VAT No.: CZ17077630
registered office: Jičínská 226/17, Žižkov (Prague 3), 130 00 Prague
registered in the Commercial Register under file C 365793/MSPH at the Municipal Court in Prague, Czech Republic.
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1. Scope and Validity
1.1.
These Terms and Conditions (hereinafter referred to as "T&C") apply to contractual relationships arising between CO2 offset s.r.o. (hereinafter referred to as the "Supplier") and third parties (hereinafter referred to as the "Customer") during the Supplier's business activities, consisting of vehicle registration and payment of fees for electronic highway vignettes (hereinafter referred to as "e-vignettes") valid for the territories of the Czech Republic, Slovakia, Hungary, and Austria, or other countries, based on a mandate contract pursuant to §§ 2430-2444 of Act No. 89/2012 Coll. (hereinafter referred to as the "Contract"). The Contract also includes a binding order from the Customer confirmed by the Supplier.
1.2.
Unless otherwise specified in individual provisions of the concluded Contract, the following Terms and Conditions apply to the agreed commercial transactions between the Supplier and the Customer. By sending an online order or paying an invoice for ordered or already delivered e-vignettes, or by the Supplier sending an order confirmation, both the Customer and the Supplier consider these T&C to be an integral part of the concluded mandate contract and agree to them.
2. Subject of Performance
2.1.
The subject of performance (hereinafter referred to as the "Delivery") is electronic highway vignettes; their type and place of application are specified in the Contract concluded between the Supplier and the Customer, or in the Customer's order confirmed by the Supplier.
2.2.
The Supplier undertakes to use all available knowledge in the Delivery to ensure that it fulfills the agreed function in full scope.
2.3.
The Supplier may entrust another person with the Delivery of the Order, unless otherwise stipulated in the Contract.
2.4.
The Supplier undertakes to carry out the Delivery at his own risk within the time agreed in the Contract, otherwise within a reasonable time considering the nature of the order. The Customer 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 responsible for damages arising from incorrectly provided data or other information not provided by the Customer that are necessary for the proper execution of the Delivery.
2.6.
If the Delivery is prepared based on documentary materials provided by the Customer, the Supplier is not liable for any discrepancy between the Order based on such provided materials and the actual needs of the Customer.
2.7.
Given his professional competence, the Supplier is obliged to notify the Customer of any inappropriate or incomplete information related to the subject of the Order provided by the Customer, if the Supplier could have detected such inappropriateness with the exercise of professional care, and to do so without undue delay from the conclusion of the Contract.
3. Price and Payment Terms
3.1.
The price of the Delivery is based on the Supplier's valid price list on his website. The price of a foreign e-vignette is determined by conversion into CZK in accordance with the valid internal exchange rate of the corresponding currency. The price of the Delivery includes the Supplier's ecological fee.
Price of the vignette Service fee Total price
1-day vignette 200 CZK 150 CZK 300 CZK
10-day vignette 270 CZK 200 CZK 470 CZK
30-day vignette 430 CZK 200 CZK 630 CZK
Annual vignette 2300 CZK 200 CZK 2500 CZK
3.2.
In case of payment by bank transfer, the Supplier has the right to request the Customer to pay a deposit against a proforma invoice, up to the total value of the order.
3.3.
The deposit is payable on the date orally or in writing agreed upon, 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 not to deliver the Delivery, or to withdraw part of the Delivery to the extent of the unpaid amount.
3.4.
The Supplier is obliged to issue a final invoice for the realized Delivery within 7 days from the Delivery, unless the parties agree otherwise.
3.5.
Payments for the provided performance, including advance payments, shall be made by the Customer via bank transfer, payment card, or cash deposit into the Supplier's account according to the Supplier's instructions. The payment of the Delivery price is considered made upon crediting the relevant 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 implemented adjustment.
4. Delivery Acceptance
4.1.
The Supplier is obliged to deliver the Delivery to the Customer in the scope and quality agreed in the Contract, at the place or in the manner agreed in the Contract, but only if the Customer has no overdue obligations towards the Supplier, even from other contractual relationships.
4.2.
The Customer undertakes to enable the Supplier to properly fulfill the obligation under the Contract by accepting the Delivery in electronic form.
4.3.
In the case of ordering electronic highway vignettes, the Delivery is considered delivered upon the Supplier sending the confirmation of vehicle registration in the system of the electronic highway vignette operator to the Customer's email provided in the order.
4.4.
We process the highway vignette order within 24 hours at the latest. Confirmation that the highway vignette is active will arrive in the confirmation email within 24 hours.
5. Transfer of Risk of Damage and Ownership
5.1.
The risk of damage to the Delivery passes to the Customer at the time when he accepts the Delivery from the Supplier, or if he fails to do so in time, at the time when the Supplier enables him to handle the Delivery and the Customer breaches the contract by not accepting the Delivery.
6. Complaints, Claims from Defects
6.1.
Unless agreed otherwise, defects of the Delivery must be claimed without undue delay after their discovery and in case of full payment of the Order by the Customer. Complaints are always made in writing and delivered to the email address [email protected]
6.2.
Complaints cannot be made in cases arising from incorrect data provided by the Customer or a third party and in cases caused by unavoidable events (force majeure). The Customer may only send a request to change the license plate number in case of a change of the license plate on a specific vehicle, which is subject to a fee of 150 CZK; the change of the license plate must be recorded in the large technical certificate, which the applicant for the change must send to the Supplier. Furthermore, if the Supplier has the option, it is possible to request a refund of the purchase in the case of: duplicate orders (identical vignette with overlapping validity), incorrectly provided country of registration, or non-existent license plate; in these cases, the change is subject to a fee of 100 CZK. The Supplier may or may not comply with such a change.
6. Complaints cannot be made in cases under Act No. 89/2012 Coll. (Civil Code), §1837 letter d) on the supply of goods modified according to the consumer's wishes or for his person (e.g., marking the start of validity of a time coupon or filled-in vehicle license plate).
7. Refusal of Delivery
7.1.
In the event that the Supplier does not deliver the Delivery to the Customer within the agreed time, the Customer has the right to refuse the Delivery.
7.2.
In case of the Customer's delay in paying invoices issued by the Supplier, the Customer is obliged to pay the Supplier a contractual penalty of 0.1% of the owed amount for each day or part thereof of the delay.
8. Withdrawal from the Contract
8.1.
The Customer is entitled to withdraw from the Contract or its part in case of a substantial breach of the Supplier's obligation arising from the Contract. A substantial breach of the Supplier's obligation is considered especially his delay in delivering the Delivery by more than 1 working day after the payment has been credited to the Supplier's account, unless this situation occurred due to the Customer's delay or force majeure, and the Supplier does not provide the Customer with performance even within a reasonable period provided by the Customer.
8.2.
The Supplier is entitled to withdraw from the Contract if the Customer is in delay with the payment of his obligations towards the Supplier.
8.3.
Withdrawal from the Contract must always be made in writing and delivered to the address of the other contracting party. Withdrawal from the Contract does not affect the Customer's obligation to compensate the Supplier for the incurred damage and contractual penalty according to Article 7 of the T&C.
8.4.
After the termination of the Contract, the contracting parties are obliged to settle their obligations within 30 days from the withdrawal from the Contract.
8.5.
Withdrawal from the Contract does not apply to cases under Act No. 89/2012 Coll. (Civil Code), §1837 letter d) on the supply of goods modified according to the consumer's wishes or for his person (e.g., marking the start of validity of a time coupon or filled-in vehicle license plate).
9. Force Majeure
9.1.
If the delay in performance by the Supplier or the Customer is caused by factors excluding liability (e.g., partial or total collapse of the electronic communication network, defects and failures preventing registration in the toll operator's system, natural calamities such as floods, fires, earthquakes, landslides, etc., or political events such as strikes, coups, terrorist attacks, wars, 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 is not in delay with fulfilling its obligation for the duration of the Force Majeure.
9.2.
In the event of Force Majeure, the party that is delayed for this reason is obliged to inform the other party of the existence of Force Majeure without undue delay, but no later than within 3 days from the moment it learns of the existence of this event. If it fails to fulfill this obligation, it is considered as if it was not affected by Force Majeure.
9.3.
If the existence of Force Majeure is notified in the manner according to the preceding paragraph, the period for performance is extended for the affected party by the duration of the Force Majeure.
9.4.
If the Force Majeure does not cease within 15 days, either party may withdraw from the Contract without sanctions.
10. Other Provisions
10.1.
In the event that any provision of these T&C or any provision of the Contracts of which these T&C are a part is found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the T&C in the Contracts of which these T&C are a part.
10.2.
Unless otherwise stipulated in the specific Contract, in case of non-delivery of a document or refusal to accept a document, the document is considered delivered on the 3rd day from dispatch, whether delivered via postal license holder, courier, or personally. When delivering by email, the document is considered delivered upon sending 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.
The parties agree under Act No. 216/1994 Coll. that all their disputes arising from contracts governed by these T&C or in connection with them will be finally decided in arbitration proceedings ("AP") at the Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber according to its Rules and Regulations by arbitrator Mgr. Milan Polák, registered in the list of arbitrators of the Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber. If the agreed arbitrator refuses to arbitrate or is unable to arbitrate, a sole arbitrator appointed by the chairman of the Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber shall decide.
10.4. Out-of-court Dispute Resolution: For out-of-court settlement of consumer disputes from the purchase contract, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point 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 consumer online dispute resolution). The seller is authorized to sell goods on the basis of a trade license. Trade licensing control is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority exercises supervision, within the defined scope, among other things, over compliance with Act No. 634/1992 Coll., on Consumer Protection.
These T&C become valid and effective on May 11, 2021
11. Personal Data Protection
11.1.
According to §11 paragraph 1 of Act No. 101/2000 Coll. on "Personal Data Protection", the Supplier will not further process personal data provided by the Customer by filling in and sending 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, delivery and courier companies, e-vignette registrars, etc.).
11.2.
The Supplier may at any time start processing and using such provided data for his needs, e.g., for 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.