Terms and Conditions

Introductory provisions

These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the company Fly4Future, s r. o., with registered office at Přemyslovců 992/52, Ostrava – Mariánské Hory, 709 00, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Ostrava, File No. C 72694/KSOS (hereinafter referred to as “Seller”) regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at shop.fly4future.com (hereinafter referred to as the “Eshop”), through the interface of the Shop (hereinafter referred to as the “Eshop Interface”).

These terms and conditions shall also apply mutatis mutandis to the regulation of mutual rights and obligations between the Seller and the Buyer when concluding a purchase contract by other means of distance communication such as mail or e-mail.

Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language.

The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

User account on the Eshop

Based on the buyer’s registration made on the eshop, the buyer can access his user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). The Buyer can also order goods without registration directly from the interface of the eshop.

When registering on the eshop and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.

Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account. The Buyer is not entitled to allow third parties to use the user account.

The Seller may terminate the user account, in particular if the Buyer does not use his/her user account for more than 24 calendar months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of third party hardware and software equipment.

Concluding the purchase contract via the eshop interface

All presentation of goods placed in the interface of the shop is of an informative nature and the seller is not obliged to conclude a contract of sale regarding these goods.

Section 1732(2) of the Civil Code does not apply.

The web interface of the shop contains information about the goods, including the prices of the individual goods.

The prices of the goods are inclusive of value added tax and all related charges.

The prices of the goods remain valid for as long as they are displayed on the web interface of the shop.

This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.To order goods, the buyer shall fill in the order form in the web interface of the shop.The order form contains in particular information about:- the goods ordered (the goods ordered are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered in the Order. 

The Buyer sends the order to the Seller by clicking on the “Order” button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”). This does not apply if the order is sent by the Buyer exclusively by electronic mail or by similar individual communication, the receipt of which is confirmed by the Seller once the order has been individually physically processed by an authorised person.

Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).

The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.

The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.

Price of goods and payment terms

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

– online payment card

– payment in advance (based on the advance invoice) by wire transfer to the Seller’s account;

Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

The Seller does not require a deposit or any other similar payment from the Buyer. This provision does not limit the seller’s ability to conclude the purchase contract on individually agreed terms.

The purchase price is payable before the goods are handed over to the carrier or taken over at the seller’s premises.

In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

The Seller is entitled, especially in the event that the Buyer fails to confirm the order subsequently, to demand payment of the full purchase price before the goods are sent to the Buyer. If the buyer does not agree to this, the seller is not bound by the buyer’s order and does not have to deliver the goods.

Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

Withdrawal from the purchase contract

The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code it is not possible to withdraw from a contract for the delivery of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person.

In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, where the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract, among others, to the Seller’s business address (Fly4Future, s.r.o., Lazarská 8/13, 12000 Prague 2, Czech Republic) or to the Seller’s e-mail address (sales@fly4future.com).

In the event of withdrawal from the purchase contract, the purchase contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.

In the event of withdrawal, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer until the Buyer has returned the Goods to the Seller or proved that he has dispatched the Goods to the Seller.

The buyer shall be liable to the seller for any diminution in the value of the goods resulting from handling the goods in a manner different from that required by their nature and characteristics.

The seller is entitled to withdraw from the contract of sale at any time until the goods are accepted by the buyer. In this case, the seller shall refund the purchase price to the buyer without undue delay.

Transport and delivery of goods

In the event that for reasons on the part of the buyer 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 costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

Shipping regions and rates

Shipping rates and regions are specified in the Shipping.

Rights from defective performance

The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection).

The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

– the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

– the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

– the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

– the goods are in the appropriate quantity, measure or weight; and

– the goods comply with the requirements of the legislation.

These provisions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.

If the defective performance is a material breach of contract, the buyer has the right to:

1. to remedy the defect by delivery of a new item without defect (this does not apply if the defect can be remedied by new delivery of only part of the item) or by delivery of the missing item,
2. to remedy the defect by repairing the item,
3. a reasonable discount on the purchase price,
4. to withdraw from the contract.

If the defective performance is an insubstantial breach of contract, the buyer has the right to:

1. to remedy the defect,
2. a reasonable discount on the purchase price.

The Buyer agrees that the determination of the materiality of the defect is left to the Seller, who shall make this assessment taking into account in particular the possibility of proper use of the item by the Buyer and the possibility of the Seller to remove the defect without undue delay.

The buyer shall be obliged to notify the defect without undue delay, after he could have discovered it without undue delay and with sufficient care, but at the latest within two years after the handover of the item to the buyer. As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect.

The Buyer shall assert the rights arising from the defective performance at the Seller’s business address where the acceptance of the claim is possible with regard to the range of goods sold. The statutory warranty period is 24 months, unless a longer period is provided for in a special regulation. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.

The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. After the expiry of this period, the consumer has the same rights as if it were a defect that cannot be remedied.

Other rights and obligations of the parties

The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

The seller is authorised to sell the goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

Privacy Policy

By submitting an order from the online order form on the eshop website www.shop.fly4future.com, or by other means of remote communication such as mail or e-mail, for the delivery of goods and services, the Buyer confirms that he/she is aware of this privacy policy, that he/she agrees with its wording, and that he/she accepts it in its entirety.

The Seller is the data controller of the Buyer’s personal data pursuant to Article 4(7) of Regulation (EU) 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 (“GDPR”). The Seller undertakes to process personal data in accordance with the legal provisions, in particular Article 4(7) of Regulation (EU) 2016/679. GDPR.

Personal data is any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

When placing an order, the personal data required for the successful execution of the order (name and address, contact details) are requested. The purpose of processing personal data is the execution of the Buyer’s order and the exercise of the rights and obligations arising from the contractual relationship between the Seller and the Buyer. The purpose of processing personal data is also to send commercial communications and to carry out other marketing activities.

The lawful grounds for processing personal data are the performance of a contract pursuant to Article 6(1)(b) GDPR, the fulfilment of the legal obligation of the controller pursuant to Article 6(1)(c)2 GDPR and the legitimate interest of the Seller pursuant to Article 6(1)(f) GDPR.

The legitimate interest of the Seller is the processing of personal data for direct marketing purposes.

The Seller uses subcontractors for the performance of the Purchase Agreement, in particular a shipping service provider (stored in the EU) and a mailing service provider (personal data stored in 3rd countries). The subcontractors are vetted for the secure processing of personal data. The Seller and the Provider have entered into a data processing agreement under which the subcontractor is responsible for the proper security of the physical, hardware and software perimeter and is therefore directly liable to the Buyer for any leakage or breach of personal data.

The Seller shall store the Buyer’s personal data for the period necessary to exercise the rights and obligations arising from the contractual relationship between the Seller and the Buyer and to assert claims arising from such contractual relationship (for a period of 15 years from the termination of the contractual relationship). Upon expiry of this period, the data will be deleted.

The Buyer has the right to request from the Seller access to his personal data pursuant to Article 15 GDPR, rectification of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR. The Buyer has the right to erasure of personal data pursuant to Article 17(1)(a) and (c) to (f) GDPR.

Furthermore, the Buyer has the right to object to processing pursuant to Article 21 GDPR and the right to data portability pursuant to Article 20 GDPR.

The Buyer has the right to lodge a complaint with the Data Protection Authority (www.uoou.cz) if he believes that his right to data protection has been violated.

The buyer is not obliged to provide personal data. However, the provision of personal data is a necessary requirement for the conclusion and performance of the contract and without the provision of personal data, the contract cannot be concluded or performed by the Seller.

There is no automatic individual decision-making on the part of the Seller within the meaning of No. 22 GDPR.

Buyer by binding order confirmation:

– agrees to the use of his/her personal data also for the purpose of electronic sending of commercial communications, advertising materials, direct sales, market research and direct product offers by the Seller and third parties, but not more often than once a week, and at the same time

– declares that it does not consider the sending of the information under point a) as unsolicited advertising within the meaning of Act No. 40/1995 Coll. as amended, since the Buyer expressly consents to the sending of the information under point a) in conjunction with Section 7 of Act No. 480/2004 Coll.

– The Buyer may revoke the consent under this paragraph at any time in writing to info@fly4future.com

The Seller uses cookies in its presentation to improve the quality of service, personalize the offer, collect anonymous data and for analytical purposes. By using the website, the Buyer agrees to the use of this technology.

Delivery

The Buyer may be served at the e-mail address indicated in his/her user account or specified by the Buyer in the order.

Final provisions

If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.

If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

The contract of sale, including the terms and conditions, shall be archived by the seller in electronic form and shall not be accessible.