1 INTRODUCTORY PROVISIONS
1. 1. These terms and conditions (hereinafter as the ‘Terms and Conditions’) of the entrepreneur Jan Zámečník, with registered office in Brandýs nad Labem-Stará Boleslav, Na rybníčku 576/20, ID No.: 097 60 156 (hereinafter as the ‘Transferor’) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the transfer of a domain name (hereinafter as the ‘Contract’) concluded between Transferor and another person (hereinafter as the ‘Transferee’) via Transferor’s website. Transferor’s website is located at domain-buy.com (hereinafter as the ‘Website’) and is accessible via on-line interface (hereinafter as the ‘Shop Web Interface’).
1.2. In cases where the person intending to acquire a domain name from Transferor is a legal entity or a person acting in the course of his business or in the course of his independent practice of his profession, the special provisions of Article 11 of Terms and Conditions shall also apply.
1.3. Provisions deviating from Terms and Conditions may be agreed in Contract. Deviating provisions in Contract take precedence over the provisions of Terms and Conditions.
1.4. The provisions of Terms and Conditions shall form an integral part of Contract. Contract and Terms and Conditions are conducted in English language. Contract may be concluded in English language.
1.5. The wording of Terms and Conditions may be amended or supplemented by Transferor. This provision does not affect the rights and obligations arising during the period of validity of the previous version of Terms and Conditions.
2 USER ACCOUNT
2.1 Upon registration of Transferee on Website, Transferee may access its user interface (hereinafter as the ‘User Account’).
2.2. When registering on Website, Transferee shall be obliged to provide all information correctly and truthfully. Transferee shall update the information provided in User Account whenever it changes. The information provided by Transferee in User Account shall be deemed correct by Transferor.
2.3. Access to User Account is secured by a username and password. Transferee is obliged to maintain confidentiality of the information necessary to access his User Account.
2.4. Transferee is not entitled to allow third parties to use User Account.
2.5. Transferor may cancel Transferee’s User Account, in particular if Transferee has not used his User Account for more than one (1) year or if Transferee breaches his obligations under Contract (including Terms and Conditions).
2.6. Transferee acknowledges that User Account may not be available continuously, in particular with regard to necessary maintenance of the hardware and software equipment of Transferor or necessary maintenance of hardware and software equipment of third parties.
3 CONCLUSION OF CONTRACT
3.1 All domain name offers located in Shop Web Interface are of an informative nature and Transferor is not obliged to conclude a contract regarding these domain names.
3.2. The prices of the domain names are inclusive of all taxes and fees. The prices of the domain names remain valid for as long as they are displayed in the Shop Web Interface. The prices of domain names are not adjusted to the person of Transferee on the basis of automated decision-making. This provision does not limit Transferor’s ability to enter into a contract on individually negotiated terms.
3.3. To order the transfer of a domain name to Transferee, Transferee shall fill in Order form in Shop Web Interface. Order form contains in particular information on:
3.3.1 the domain name to be ordered (the domain name to be ordered is ‘inserted’ by Transferee into the electronic shopping cart of Shop Web Interface),
3.3.2 the method of payment of the domain name price (hereinafter collectively as the ‘Order’).
3.4. Prior to sending Order to Transferor, Transferee shall be allowed to review and change the input data entered by Transferee in Order, including with respect to Transferee’s ability to detect and correct errors made in entering data into Order. Transferee shall send Order to Transferor by clicking on the button “Place order” in checkout. The data entered in Order shall be deemed correct by Transferor. Transferor shall acknowledge receipt of Order to Transferee immediately upon receipt.
3.5. Contractual relationship between Transferor and Transferee shall be established by the delivery of the acceptance of Order (acceptance), which is sent to Transferor by Transferee by electronic mail to the e-mail address of Transferee.
3.6. Transferee agrees to the use of remote means of communication for the conclusion of Contract. The costs incurred by Transferee in using remote means of communication in connection with the conclusion of Contract (internet connection costs) shall be borne by Transferee itself and shall not differ from the basic rate.
4 SUBJECT MATTER OF CONTRACT
4.1. Transferor undertakes to transfer the domain name to Transferee, i.e. Transferee becomes the holder of the domain name according to the central registry instead of Transferor. The change of the holder of the domain name in the central registry shall take place on the basis of an instruction given by the registrar, and the registrar shall give this instruction on the basis of a request from the parties. Transferor shall provide Transferee and the registrar with the necessary cooperation to conduct the transfer of the domain name. Transferee hereby undertakes to provide Transferor and the registrar with the necessary cooperation for the transfer of the domain name.
4..2. Transferee agrees to pay Transferor the agreed price for the transfer of the domain name (Article 5).
4.3. Transferee acknowledges that the legal relations to the domain name after the transfer of the domain name according to Contract shall be governed by its contractual arrangements with the domain registrars and the operator of the central registry.
4.4. Transferee acknowledges and agrees that the transferred domain name may not be suitable for its business or other purposes and that the use of the transferred domain name by Transferee or any other person may infringe the rights of third parties (including trademark or other intellectual property rights).
5 PRICE AND PAYMENT TERMS
5.1. The price of the domain name under Contract shall be paid by Transferee in advance and in cashless form via the payment system Escrow.com.
5.2. The Transferor shall not require Transferee to make a deposit or other similar payment. This is without prejudice to the provisions of Article 1.1 of Terms and Conditions regarding the obligation to pay the price of the domain name in advance.
5.3. The domain name price is due within three (3) days of the conclusion of Contract.
5.4. The obligation of Transferee to pay the domain name price is fulfilled when the relevant amount is credited to the account of Transferor.
5.5 Any price discounts granted by Transferor to Transferee cannot be combined with each other.
5.6. If it is customary in the course of business or if provided for by generally binding legislation, Transferor shall issue a receipt in respect of the payment made under Contract. Transferor is not liable for value added tax.
6 WITHDRAWAL FROM THE CONTRACT
6.1. Transferee agrees that Transferor may commence performance of Contract immediately after its conclusion, even before the expiry of the statutory withdrawal period. Transferee acknowledges that if, after performance has commenced, Transferor’s obligations under Contract are fulfilled before the expiry of the statutory withdrawal period, Transferee shall not be entitled to withdraw from Contract as a result of the consent given in the previous sentence, provided that Transferor has provided Transferee with a confirmation of the conclusion of Contract.
6.2. Unless the case referred to in Article 6.1 of Terms and Conditions or any other case where Contract cannot be withdrawn from, Transferee who is a consumer shall have the right to withdraw from Contract within fourteen (14) days from the date of conclusion of Contract.
6.3. Withdrawal from Contract must be sent to Transferor within the time limit specified in Article 6.2 of Terms and Conditions. For withdrawal from Contract, the consumer purchaser may use the sample form provided by Transferor, which is attached to Terms and Conditions. The withdrawal may be sent to Transferee, inter alia, at the e-mail address of Transferor email@example.com.
6.4. In the event of withdrawal, Contract shall be cancelled from the outset.
6.5. In the event of withdrawal from Contract pursuant to Article 6.2 of Terms and Conditions, Transferor shall return the funds received from Transferee within fourteen (14) days of Transferee’s withdrawal from Contract in the same manner as Transferor received them from Transferee.
7 RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of Contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legislation, in particular the provisions of Sections 1914 to 1925 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter as the ‘Civil Code’) and Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
7.2. Transferor is obliged to issue a written confirmation to Transferee when Transferee submits a claim, stating the date on which Transferee submitted the claim, what is the content of the claim, what method of settlement of the claim Transferee requires and the contact details of Transferee for the purpose of providing information on the settlement of the claim.
7.3. The claim, including the rectification of the defect, shall be settled and Transferee shall be informed thereof within thirty (30) days of the date of the claim, unless Transferor and Transferee agree on a longer period.
7.4. Upon the expiry of the time limit pursuant to Article 7.3 of Terms and Conditions, Transferee may withdraw from Contract or demand a reasonable discount.
7.5. Transferor shall be obliged to issue Transferee with a confirmation of the date and manner of settlement of the claim, including confirmation of the repair, and the duration of the repair, or a written justification of the rejection of the claim.
7.6. Transferee may specifically assert his rights under the liability for defects in performance, in particular by e-mail to firstname.lastname@example.org.
7.7. Whoever has a right under defective performance is also entitled to compensation for the costs reasonably incurred in exercising this right. If, however, Transferee does not assert the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if Transferor argues that the right to compensation was not asserted in time.
8 OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Transferor shall not be bound by any codes of conduct in relation to Transferee within the meaning of Section 1820(1)(n) of Civil Code.
8.2. Consumer complaints shall be handled by Transferor via e-mail. Complaints may be sent to the electronic address of Transferor. Information on the handling of Transferee’s complaint shall be sent to Transferor at Transferee’s electronic address. No other rules for handling complaints are set by Transferor.
8.3. 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, is competent for out-of-court settlement of consumer disputes arising from Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Transferor and Transferee under Contract.
8.4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.5. Transferee may refer a complaint to a supervisory or state supervisory authority. Transferor is entitled to transfer domain names on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
9 DATA PROTECTION
9.1. Transferor shall fulfil its information obligation towards Transferee, who is a natural person, within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) (hereinafter as the ‘GDPR’) in relation to the processing of Transferee’s personal data for the purposes of the performance of Contract, for the purposes of the negotiation of Contract and for the purposes of the performance of Transferor’s public law obligations by means of a separate document.
10 SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. Transferee agrees to the sending of commercial communications to Transferor at Transferee’s electronic address. Transferor shall fulfil its information obligation towards Transferee within the meaning of Article 13 of the GDPR regarding the processing of Transferee’s personal data for the purpose of sending commercial communications by means of a separate document.
11.1. Transferor shall fulfil its legal obligations relating to the possible storage of cookies on Transferee’s device by means of a separate document.
12 SPECIAL PROVISIONS FOR CASES WHERE TRANSFEREE IS NOT A CONSUMER
12.1. For relations between Transferor and Transferee who is not a consumer, the provisions of Articles 3.2, 3.4, 3.6, 6, 7, 8, 12.2 to 12.4 of Terms and Conditions shall not apply, excluding the application of the provisions of Sections 1799 and 1800 of Civil Code, the application of customary commercial practices within the meaning of Section 558(2) of Civil Code and the application of the UN Convention on Contracts for the International Sale of Goods.
12.2. The courts of the Czech Republic shall have jurisdiction and competence to settle disputes arising out of Contract.
13 FINAL PROVISIONS
13.1. If the relationship established by Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, Transferee who is a consumer is not deprived of the protection afforded by the provisions of the Laws which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Article 1732(2) of the Civil Code does not apply.
13.2. Contract, including Terms and Conditions, is archived by Transferor in electronic form and is not accessible.
13.3. The sample withdrawal form is an annex to Terms and Conditions.
13.4. Contact details of Transferor: e-mail address email@example.com. Transferor does not provide any other means of online communication.
In Prague on 17/03/2023 – Jan Zámečník