Terms and Conditions

Terms and Conditions of Newag spol. s r.o.

These Terms and Conditions apply to purchases made in online stores operated by Newag spol. s r.o. from 1 January 2014.
These Terms and Conditions further define and specify the rights and obligations of the seller, Newag spol. s r.o., with registered office at:

Vestecká 104, 25241 Zlatníky, Hodkovice, Company ID No.: 49243624, registered with the Municipal Court in Prague, Section C, File 20486, and of the buyer (customer, consumer).

All contractual relations are concluded in accordance with the laws of the Czech Republic. Where a consumer is a party to the contract, relationships not regulated by these Terms and Conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). Where a party to the contract is not a consumer, relationships not regulated by these Terms and Conditions are governed by the Civil Code (Act No. 89/2012 Coll.).

Definitions

The Seller is the commercial company Newag spol. s r.o., with registered office at Vestecká 104, 252 41 Zlatníky, Hodkovice; Company ID No.: 49243624, registered with the Municipal Court in Prague, Section C, File 20486. NEWAG spol. s r.o. is a person acting, when concluding and performing a contract, within the scope of its commercial or other business activity. It is an entrepreneur that supplies products or provides services to the buyer directly or through other entrepreneurs.

The customer of our online store is the buyer. In view of the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

A consumer buyer, or simply a consumer, is any natural person who, outside the scope of their business activity or outside the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with an entrepreneur.

A buyer who is not a consumer is an entrepreneur. Any person who concludes contracts in connection with their own commercial, manufacturing or similar activity, or in the independent exercise of their profession, as well as a person acting in the name or on behalf of an entrepreneur, is also considered an entrepreneur.

User Account

Based on the buyer's registration on the website, the buyer may access their user interface. From the user interface, the buyer may order goods (hereinafter the “user account”). If the store's web interface permits it, the buyer may also order goods without registration directly through the store's web interface.
When registering on the website and ordering goods, the buyer is obliged to provide all data (including personal data) correctly and truthfully. The buyer is obliged to update the data stated in the user account whenever it changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to keep confidential the information required to access their user account.

The buyer is not entitled to allow third parties to use the user account. The seller may cancel the user account, in particular if the buyer has not used the user account for more than 2 years or if the buyer breaches their obligations under the purchase agreement (including these Terms and Conditions).

The buyer acknowledges that the user account may not be available continuously, in particular due to necessary maintenance of the seller's hardware and software or necessary maintenance of third-party hardware and software.

Conclusion of the Purchase Agreement

All presentation of goods placed in the store's web interface is for information purposes only and the seller is not obliged to conclude a purchase agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

The store's web interface contains information about the goods, including the prices of individual goods. The prices of goods include value added tax and all related charges. Prices remain valid for as long as they are displayed in the store's web interface. This provision does not restrict the seller's ability to conclude a purchase agreement on individually negotiated terms.
The store's web interface also contains information about costs associated with packaging and delivery of the goods. Information on packaging and delivery costs stated in the store's web interface applies only where the goods are delivered within the territory of the Czech Republic.

Where the buyer is a consumer, the placement of the offered goods on the website by the supplier constitutes a proposal to conclude a purchase agreement (an offer); the purchase agreement is formed when the buyer-consumer sends the order and the supplier accepts it. The supplier shall promptly confirm such acceptance to the buyer by an informational email sent to the specified email address; however, this confirmation has no effect on formation of the contract. The concluded contract (including the agreed price) may be amended or cancelled only by agreement of the parties or on statutory grounds.

Before sending the order to the seller, the buyer is given the opportunity to review and change the data entered in the order, including the opportunity to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the “Send” button.

Where the buyer is not a consumer, the order for goods sent by the buyer constitutes the proposal to conclude a purchase agreement, and the purchase agreement itself is concluded when the seller's binding acceptance of that proposal is delivered to the buyer.

By concluding the purchase agreement, the buyer confirms that they have read these Terms and Conditions and agree to them. Before actually placing the order, the buyer is adequately informed of these Terms and Conditions and has the opportunity to become familiar with them.
The time limit for handling complaints is suspended if the seller has not received all documents and materials necessary to handle the complaint (parts of the goods, other supporting documents, warranty certificate, etc.). The seller is obliged to request the missing documents from the buyer as soon as possible. The time limit is suspended from that date until the requested documents are supplied by the buyer.

Among other things, the seller reserves the right, before conclusion of the purchase agreement and by agreement with the buyer, to cancel an order or part of an order in the following cases: the goods are no longer manufactured or supplied, or the supplier's price of the goods has changed significantly. If the buyer has already paid part or all of the purchase price, that amount will be transferred back to the buyer's account or address and the purchase agreement will not be concluded.

Depending on the nature of the order (quantity of goods, purchase price, anticipated transport costs), the seller is always entitled to request additional confirmation of the order from the buyer (for example in writing or by telephone).

The contractual relationship between the seller and the buyer arises upon delivery of acceptance of the order, which the seller sends to the buyer by email to the buyer's email address.

The buyer agrees to the use of means of distance communication when concluding the purchase agreement. Costs incurred by the buyer when using means of distance communication in connection with conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer and do not differ from the basic rate.

No consumer rights may be asserted in respect of gifts provided entirely free of charge. Such goods meet the conditions of a gift agreement and all standards under the applicable laws of the Czech Republic.

Price of Goods and Payment Terms

The buyer may pay the seller the price of the goods and any costs associated with delivery of the goods under the purchase agreement in the following ways:
in cash at the seller's business premises at the address;
in cash on delivery at the place specified by the buyer in the order;
by cashless payment card transaction;

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

The seller does not require an advance payment or other similar payment from the buyer. This is without prejudice to the provision set out in Article 4 of these Terms and Conditions concerning the obligation to pay the purchase price of the goods in advance.

In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within the period specified from conclusion of the purchase agreement.

In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods while stating the payment reference number. In the case of cashless 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, in particular if the buyer fails to provide additional confirmation of the order (as described in Article 3), to require payment of the entire purchase price before dispatching the goods to the buyer. Section 2119(1) of the Civil Code shall not apply.
Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with one another.

Where customary in commercial dealings or required by generally binding legal regulations, the seller shall issue the buyer with a tax document – an invoice – for payments made under the purchase agreement. The seller is a value added tax payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.

Transport and Delivery of Goods

The seller shall deliver the ordered goods cash on delivery through a contracted carrier. If the total order value is less than CZK 2,000 excluding VAT, the buyer will be charged a handling fee of CZK 100 excluding VAT. For cash-on-delivery payment, the buyer will additionally be charged CZK 80 excluding VAT (this surcharge does not apply to advance payment). The handling fee applies to shipments within the Czech Republic. If the total order value exceeds CZK 2,000 excluding VAT, no handling fee will be charged.

Each shipment will include a sales document stating the price of the goods and any handling fee charged.

If the method of transport is agreed on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with that method of transport.

If, under the purchase agreement, the seller is obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

If, for reasons on the buyer's side, the goods have to be delivered repeatedly or by a method different from that stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with the alternative delivery method.

When taking delivery of the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier immediately. If the packaging is found to have been damaged in a manner indicating unauthorised access to the shipment, the buyer is not obliged to accept the shipment from the carrier.

Further rights and obligations of the parties concerning transport of the goods may be governed by the seller's special delivery terms, if issued by the seller.

Rights Arising from Defective Performance

The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code).

The seller is liable to the consumer for the item being free from defects upon receipt. In particular, the seller is liable to the consumer that, at the time the consumer received the item,
• the item has the characteristics agreed by the parties and, if no characteristics were agreed, the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of advertising carried out by them,
• the item is fit for the purpose stated by the seller for its use or for the purpose for which an item of this kind is normally used,
• the quality or workmanship of the item corresponds to the agreed sample or model, where the quality or workmanship was determined according to an agreed sample or model,
• the item is supplied in the corresponding quantity, measurement or weight, and
• the item meets the requirements of legal regulations.

If the item does not have the above characteristics, the consumer may also request delivery of a new defect-free item, unless this is disproportionate in view of the nature of the defect; however, if the defect concerns only a component of the item, the consumer may request only replacement of the component. If this is not possible, the consumer may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular where the defect can be remedied without undue delay, the consumer is entitled to free removal of the defect. The consumer is also entitled to delivery of a new item or replacement of a component in the case of a removable defect if the item cannot be properly used because the defect recurs after repair or because of a larger number of defects. In such a case, the consumer is also entitled to withdraw from the contract.

If the consumer does not withdraw from the contract and does not exercise the right to delivery of a new defect-free item, replacement of a component or repair of the item, the consumer may request a reasonable discount. The consumer is also entitled to a reasonable discount if the seller cannot supply a new defect-free item, replace a component or repair the item, as well as if the seller fails to remedy the situation within a reasonable time or if remediation would cause the consumer significant inconvenience.

The buyer is not entitled to rights arising from defective performance if, before taking receipt of the item, the buyer knew that the item was defective or if the buyer caused the defect. Among the seller's websites, this provision applies particularly to: www.centralni-vysavace-bazar.cz
The consumer is entitled to exercise rights arising from a defect during the warranty period stated in the warranty certificate. If the goods do not have a warranty certificate and the warranty period is not stated in the accounting document or invoice, the consumer is entitled to exercise warranty rights for twenty-four months from receipt of the goods. If a defect becomes apparent within six months of receipt, the item is deemed to have been defective upon receipt.

Further rights and obligations of the parties relating to the seller's liability and warranty for defects may be governed by the seller's warranty certificate.

Consumer's Right to Withdraw from the Contract

If the purchase agreement is concluded using means of distance communication (in an online store), the consumer is entitled, pursuant to Section 1829(1) of the Civil Code, to withdraw from the contract without giving any reason within 14 days of receipt of the goods (where the purchase agreement covers several types of goods or delivery in several parts, this period runs from the date of receipt of the final delivery). Notice of withdrawal from the purchase agreement must be sent to the seller within the period stated in the preceding sentence.

If the consumer wishes to withdraw from the contract within the 14-day period pursuant to the preceding paragraph, the consumer shall contact the seller and preferably state in writing that they are withdrawing from the contract, ideally specifying the order number, purchase date and bank account number for refund purposes. Note: Money may also be refunded in cash at the company's registered office or at one of its business premises.

The consumer may send notice of withdrawal from the purchase agreement only to Newag spol. s r.o., Vestecká 104, 25241 Zlatníky - Hodkovice, or to the seller's email address info@newag.cz

If the buyer withdraws from the contract pursuant to the preceding paragraphs, the seller shall return all funds received from the buyer (except the amount representing additional delivery costs incurred as a result of the buyer choosing a delivery method other than the least expensive standard delivery method offered by the seller) within 14 days of the buyer's withdrawal from the purchase agreement, using the same method by which the seller received them from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance received from the buyer upon return of the goods by the buyer or in another manner, provided the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

The statutory provisions concerning withdrawal from a contract within 14 days cannot be understood as an opportunity to borrow goods free of charge. If the consumer exercises the right to withdraw from the contract within 14 days of receipt of performance, the consumer must return to the seller, within 14 days of withdrawal, everything obtained under the purchase agreement. If this is no longer reasonably possible (for example, if the goods have meanwhile been destroyed or consumed), the consumer must provide monetary compensation for what can no longer be returned. If the returned goods are only partially damaged, the seller may claim compensation for damage from the consumer and set off that claim against the purchase price to be refunded. In such a case, the seller is obliged to prove the damage incurred. The seller shall then refund only the purchase price reduced accordingly.
The seller may set off against the purchase price to be refunded to the buyer the actual costs incurred in connection with return of the goods.
Pursuant to Section 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract, in particular in the case of contracts:

• for the provision of services, if they have been fully performed with the consumer's prior express consent before expiry of the withdrawal period and the entrepreneur informed the consumer before conclusion of the contract that in such a case the consumer would not have the right to withdraw from the contract,
• for the supply of goods or services whose price depends on fluctuations in the financial market beyond the entrepreneur's control and which may occur during the withdrawal period,
• for the supply of goods modified according to the consumer's wishes or for the consumer personally,
• for the supply of goods that are liable to deteriorate rapidly, as well as goods that, after delivery, have been irreversibly mixed with other goods,
• for repair or maintenance carried out at a place specified by the consumer at the consumer's request; this does not apply to subsequent performance of repairs other than those requested or supply of spare parts other than those requested,
• for the supply of goods in sealed packaging that the consumer has removed from the packaging and that cannot be returned for hygiene reasons,
• for the supply of an audio or video recording or computer software if the consumer has broken the original packaging,
• concluded on the basis of a public auction under legislation governing public auctions, or
• for ordered service operations that have already been performed, including invoiced transport costs

The seller reserves the right to cancel an order for goods marked “Currently unavailable” if the goods can no longer be supplied or replaced by another model, or if their price has changed significantly and the customer does not accept this before the purchase agreement is formed. The seller shall inform the customer of this situation. If part or all of the order has already been paid, the money will be refunded to the customer's account.

Further Rights and Obligations of the Contracting Parties

The buyer acquires title to the goods upon payment of the full purchase price of the goods.

In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

The seller handles consumer complaints out of court through its email address. Information on settlement of the buyer's complaint shall be sent by the seller to the buyer's email address.

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

The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

INFORMATION ON THE PROCESSING OF PERSONAL DATA

Personal data obtained from the data subject.
In this section of the Terms and Conditions, “Information on the Processing of Personal Data”, the seller Newag spol. s r.o., with registered office at Vestecká 104, 25241 Zlatníky, Hodkovice, Company ID No.: 49243624, is referred to as the “controller”.

For the purposes of this Information on the Processing of Personal Data (“Information”), the data subject is considered to be (i) the buyer – a natural person, whether a Consumer or a buyer – natural person who is not a consumer (i.e. a natural person – entrepreneur), or (ii) another natural person.

Identity and contact details of the controller:
Controller: Newag spol. s r.o., with registered office at Vestecká 104, 25241 Zlatníky, Hodkovice, Company ID No.: 49243624, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 20486
Controller's contact details: (i) contact address: Vestecká 104, 25241 Zlatníky-Hodkovice, (ii) contact email: info@newag.cz, (iii) contact telephone: 261221528

Purposes of personal data processing. Legal basis for personal data processing:

The controller processes the data subject's personal data only to the extent necessary for the relevant purpose and for the period necessary to fulfil that purpose. Once the relevant purpose has been fulfilled, the controller may process the data subject's personal data for other legitimate purposes different from those for which they were collected; the controller shall always inform the data subject of such other purposes.

Personal data are processed by the controller for the purpose of:

a) performance of the controller's contractual obligations, including performance of the obligation to provide performance under the contract and execution of payment (personal data retention period: for the duration of the contract); legal basis for processing: performance of a contract);
b) performance of the controller's contractual obligations, including maintenance and servicing of the Device and the entire central vacuum system – warranty service (personal data retention period: for the duration of the warranty period); legal basis for processing: performance of a contract);
c) performance of the controller's contractual obligations, including preparation of a quotation and project documentation (personal data retention period: (i) for the duration of the contract, or, if no contract is concluded, for a reasonable period (usually 4 years) for the purpose of proving this fact); legal basis for processing: (i) performance of a contract or (ii) the controller's legitimate interest);
d) performance of the controller's contractual obligations, including transfer to another controller within the Newag spol. s r.o. sales network for the purpose of preparing a quotation. A list of business partners (controllers) can be found under “contacts” on the controller's website. Personal data are transferred either through CIS (customer information system), by telephone or by email (personal data retention period: (i) for the duration of the contract, or (ii) if no contract is concluded, for a reasonable period (usually 4 years) for the purpose of proving this fact); legal basis for processing: (i) performance of a contract or (ii) the controller's legitimate interest);
e) registration and administration of a user account for the e-shop (online store), processing of online-store orders, and performance of the contract including delivery by a carrier (personal data retention period: for the duration of the contract); legal basis for processing: performance of a contract;
f) compliance with legal obligations, including, for example, maintaining and processing accounting records (personal data retention period: personal data are processed for the period specified by applicable legal regulations); legal basis for processing: compliance with a legal obligation;
g) the possibility of asserting and enforcing legal claims of the controller, authorised recipients or other relevant persons, or protection of legal claims including enforcement of legal claims, development and improvement of products and services provided, and handling disputed matters, in particular for the purposes of court or other proceedings (personal data retention period: personal data are processed until one year after expiry of the limitation period, and thereafter for the period necessary to protect legal claims); legal basis for processing: legitimate interest of the controller or a third party;
h) direct marketing – offering the company's business, services and products and sending commercial communications to existing customers in the sense of offering information-society services under the applicable legal regulation;
i) offering the company's business, services and products, sending commercial communications and other marketing communication (personal data retention period: 3 years); legal basis for processing: consent granted by the data subject;
j) CCTV system for the protection of the controller's property and property interests (personal data are processed for 30 days or, where an incident is being investigated, for the necessary period); legal basis for processing: legitimate interest of the controller

The legal basis (legal ground) for processing your personal data is:
• compliance with a legal obligation applicable to the controller (Article 6(1)(c) GDPR)
• performance of a contract concluded with the data subject (Article 6(1)(b) GDPR)
• legitimate interest of the controller or a third party (Article 6(1)(f) GDPR)
• consent to the processing of personal data, where granted by the data subject (Article 6(1)(a) GDPR)

Your personal data may be processed manually and automatically, directly by authorised employees of the controller and also by processors authorised by the controller under a personal-data processing agreement.

Categories of personal data:

For the purposes stated above, the controller processes the following personal data:
first name and surname;
email address;
telephone number;
address (street and building number, city, postcode, and where applicable parcel number);
address of the Device (street and building number, city, postcode, and where applicable parcel number);
Company ID number; VAT identification number, unless the Goods are purchased and used by a consumer within the meaning of Section 419 of Act No. 89/2012 Coll.;
persons authorised to access the user Account;
telephone contact for the person authorised to access the user Account.

Personal data are used in particular to identify the customer (buyer), prepare quotations, conclude and perform contracts (including delivery of goods – transport), operate the e-shop, issue invoices, provide service activities (including information on maintenance of the Device for service technicians of the seller (controller) or subcontractors), and, where applicable, for marketing purposes or for asserting and enforcing legal claims.

Recipients, categories of recipients:

Personal data of data subjects may be transferred in particular to the following categories of recipients:
• public authorities and other entities to which the controller is obliged to disclose your personal data or which are entitled to request your personal data from the controller (e.g. courts, tax authorities, bailiffs, insolvency administrators, law-enforcement authorities, etc.)
• third parties with which the controller has concluded a written personal-data processing agreement (e.g. IT service providers, accounting service providers, auditors, tax advisers, lawyers, providers of services related to operation of the e-shop, suppliers of administrative support services for the sale of services, carriers and/or freight forwarders, CRM system administrators, security service providers, etc.)
• the company's business partners – e.g. companies within the controller's sales network in connection with preparation of quotations, preparation of project documentation, or warranty and post-warranty service, specifically Newag Praha s.r.o., Newag Brno s.r.o., Newag Hradec Králové s.r.o. and our other authorised distributors; see the current list in Contacts here.
• other entities (e.g. insurance companies)
Your personal data may also be made available to third parties for another reason in accordance with applicable legal regulations.

The controller does not intend to transfer personal data to a third country outside the European Union or to an international organisation.

Rights of Data Subjects

You may exercise the rights listed below against the controller to the extent and under the conditions set out in Chapter III of the GDPR.
As a data subject, you are entitled to exercise your rights against the controller, for example using the contact details stated in the header of the Terms and Conditions or under the “contacts” section of this website.

Your rights are as follows:

Right of access to personal data: You have the right to obtain confirmation from the controller as to whether personal data concerning you are being processed. Where your personal data are processed, you have the right to access those data. Such access will include, for example, information about the purposes of processing, categories of personal data and the source of the personal data. You also have the right to request a copy of the personal data being processed.

Right to rectification: You have the right to have the controller rectify without undue delay any inaccurate personal data concerning you that the controller processes. Taking into account the purposes of processing, you also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to erasure: Where any of the grounds set out in the GDPR apply (for example, the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, or you withdraw your consent), you have the right to have the controller erase personal data concerning you without undue delay. This right does not apply without limitation. Erasure will therefore not take place, for example, where the data are processed on the basis of a legal obligation arising from applicable legal regulations.

Right to restriction of processing: You have the right to have the controller restrict processing in the cases specified by the GDPR. This includes, for example, a situation where you contest the accuracy of the personal data; processing will then be restricted for the period during which the controller verifies the accuracy of the personal data.

Right to data portability: In certain cases specified by the GDPR (for example, where processing is based on your consent), you have the right to have the controller provide your personal data to you in a structured, commonly used and machine-readable format, and the right to transmit those data to another controller. You also have the right, where technically feasible, to have the controller transmit those data directly to another controller. The right to data portability does not apply to personal data that are not processed by automated means.
Right to object: On grounds relating to your particular situation (and under the conditions set out in Article 21 GDPR), you have the right at any time to object to processing of personal data concerning you where such personal data are processed on the basis of performance of a task carried out in the public interest or in the exercise of official authority, or on the basis of legitimate interests of the controller or a third party, including profiling based on those provisions. You have the right to object to processing for direct-marketing purposes.

Automated individual decision-making, including profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning you or similarly significantly affects you. This right does not apply in all cases, for example where the decision is necessary for entering into or performance of a contract between you and the controller.

Giving consent and the right to withdraw it at any time:

Where processing of your personal data as a data subject is based on your consent, you may withdraw that consent at any time.

If you provide any personal data for processing on the basis of your consent, you do so entirely voluntarily. Both granting and withdrawing consent are therefore your free choice, and the controller is not entitled to compel you to do so or penalise you in any way. Withdrawal of consent does not, however, affect the lawfulness of processing carried out before its withdrawal (i.e. withdrawal has no retroactive effect).
You may withdraw consent to processing of personal data granted to the controller by sending an email to info@newag.cz. You may use the same method to request cancellation or deactivation of your user Account.

Method of exercising data-subject rights.

Complaints:

As a data subject, you may at any time send the controller a complaint concerning processing of your personal data by emailing info@newag.cz

As a data subject, you may exercise your rights relating to personal-data processing against the controller by contacting the controller at Newag spol. s r.o., Vestecká 104, 25241 Zlatníky - Hodkovice, or at the controller's contact email address info@newag.cz

If you believe that processing of your personal data infringes legal regulations/the GDPR, you have the right to lodge a complaint concerning the controller's conduct with a supervisory authority. The supervisory authority for the Czech Republic is the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7 (www.uoou.cz). This is without prejudice to any other administrative or judicial remedies provided by applicable legal regulations for the protection of data subjects.

Provision of information by the controller:

The controller provides information in writing in paper form. However, if you contact the controller electronically at the controller's contact email address, the controller will provide the information electronically (by email), unless you request information in paper form. This is without prejudice to your right to data portability.

If we receive from you a request under Articles 15 to 22 GDPR, we will inform you of the action taken without undue delay and, at the latest, within one month after receipt of the request we will inform you of the action taken, refusal to act or extension of the time limit. Taking into account the complexity and number of requests, we may extend the time limit for informing you of the action taken (and therefore also for taking the relevant action) by a further two months. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.

Further information:

Where personal data are processed without your consent, their provision is required because (i) they are necessary for performance of obligations under a contract, or (ii) their provision is required by law, or (iii) legitimate interests of the controller or third parties require it. Failure to provide data for any of these purposes may result in the contract not being concluded or in an inability to provide performance, etc.

Where personal data are processed on the basis of your consent, provision of your personal data is neither a statutory nor contractual condition (requirement), and you therefore do not have to give consent. In such cases, you are not obliged to provide the personal data concerned for the relevant purpose or to consent to their processing. If you do not provide consent, this may mean that the controller will be unable to use certain procedures, particularly those connected with marketing.

Electronic commercial communications sent to customers in the context of offering information-society services (the so-called existing-customer exception) under the applicable legal regulation (Act No. 480/2004 Coll., on Certain Information Society Services, as amended) can be unsubscribed from using the link contained in each individual commercial communication.

For the purpose of updating personal data, the controller may be contacted at the contact address or contact email stated above.
If the controller uses personal data for a purpose other than that specified in this Information, it shall promptly provide the relevant data subject with information about that other purpose and the further information set out in this Information.

The controller may update the personal-data processing principles contained in this Information from time to time. The current version of this Information is available at www.newag.cz

Cookies

The websites of Newag spol. s r.o. do not use cookie files.

Delivery of Notices

Notices may be delivered to the buyer at the email address stated in the buyer's user account or provided by the buyer in the order.

Take-back of Electrical Equipment

The seller provides take-back of household electrical equipment and separate collection of electrical waste, batteries and accumulators in accordance with applicable legal regulations.

The customer is also entitled to hand over electrical equipment, electrical waste, batteries or accumulators at collection points of Elektrowin a.s. and Ekobat, s.r.o. listed on their websites. These websites also provide information on the negative effects of substances used in batteries or accumulators, graphic symbols for separate collection, and information on how separate collection is carried out and its importance. The customer is also entitled to return electrical equipment, electrical waste, batteries or accumulators at collection facilities designated for such waste in the relevant municipality.

The seller also provides free take-back of household electrical equipment directly from the household if the customer orders goods of a similar type and use. Take-back applies to electrical equipment in a quantity corresponding to the goods ordered, and installation of the new goods must be ordered.

Electrical equipment, electrical waste, batteries and accumulators must not be disposed of together with mixed municipal waste; they must be taken to designated places, i.e. collection yards or take-back points, such as the locations stated above. Such equipment and waste will subsequently be used in the manufacture of new equipment. Hazardous and harmful substances contained in such equipment and waste may harm the environment or human health.

Costs of Using Means of Distance Communication

Final Provisions

Consumer complaints are handled by the seller through the email address info@newag.cz. The seller shall send information on the settlement of the buyer's complaint to the buyer's email address.

These Terms and Conditions apply in the version published on the seller's website on the date the purchase agreement is concluded. Once confirmed, the consumer's order is archived as a concluded contract between the buyer and the seller for the purpose of performance and further records, and its status is accessible to the buyer. The contract may be concluded in the Czech language. By making a purchase, the customer agrees to receive commercial communications.

These Terms and Conditions allow the consumer to archive and reproduce them. Upon conclusion of the purchase agreement, the buyer accepts all provisions of the Terms and Conditions in the version valid on the date the order is sent, including the price of the ordered goods stated in the confirmed order, unless demonstrably agreed otherwise in a particular case.

These Terms and Conditions take effect on 25 May 2018

Complaints Procedure

WARRANTY AND COMPLAINTS

• any complaints will be resolved to your satisfaction by individual agreement with you and in accordance with the applicable laws
• all goods offered by us are covered by a warranty for the statutory period or for the extended period stated in the warranty certificate.
• please send the goods subject to complaint to us as a registered parcel (not cash on delivery) to the address of our premises (NEWAG, spol. s r.o.,
Vestecká 104, 252 41 Zlatníky, Hodkovice), including the proof of purchase, warranty certificate and the reason for the complaint
• you will be contacted as soon as possible by our complaints department, which will inform you how the complaint will be handled
• if your complaint is assessed as unjustified, the goods will be returned to you cash on delivery at your expense
THE RIGHT TO MAKE A COMPLAINT DOES NOT APPLY TO:
• damage to the goods during transport (in this case we recommend refusing to accept the shipment)
• wear and tear arising from the nature of the product, normal use and ageing over time
• damage to the goods caused by unusual use or damage caused by the user (improper method of use, etc.)
Out-of-court disputes
In accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, we inform customers that the entity responsible for out-of-court dispute resolution is the Czech Trade Inspection Authority, Štěpánská 15, Prague 2, www.coi.cz

SCOPE OF WARRANTY:

1) Basic Warranty

The exclusive importer NEWAG spol. s r.o., Company ID No.: 49243624, with registered office at Zlatníky - Hodkovice, Vestecká 104, Postcode 25241 (hereinafter also the “Exclusive Importer”), hereby provides purchasers – end customers with a quality warranty for Husky and Duovac vacuum units (hereinafter the “Device”) and their accessories (hereinafter the “Accessories”). The warranty for pipework is agreed by the end customer directly with the supplier of such pipework. The warranty covers manufacturing and material defects in the Device or Accessories (jointly hereinafter also the “Goods”) that become apparent during the warranty period. Under this Basic Warranty provided to the end customer, the Exclusive Importer undertakes that, under normal use, the Goods will retain their functions and performance for the duration of the warranty. Pipework is not Accessories and is not covered by the warranty provided under this warranty certificate. No later than upon receipt of the Goods, the Exclusive Importer shall issue the end customer with written confirmation of the quality warranty (warranty certificate). The Basic Warranty does not apply to consumables.

The scope of the end customer’s rights under the Basic Warranty corresponds to the scope of rights under the warranty set out in this warranty certificate.

Basic Warranty period for the Device: 24 months from the date on which the Device is commissioned by an authorised installation company holding authorisation granted by the Exclusive Importer NEWAG spol. s r.o. (hereinafter the “Authorised Installation Company”). If the Device is not commissioned no later than (i) 3 weeks (where the end customer is a consumer; Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended, provides as follows: “A consumer is any person who, outside the scope of his or her business activity or outside the independent exercise of his or her profession, concludes a contract with an entrepreneur or otherwise deals with an entrepreneur.”; hereinafter also the “consumer”), or (ii) 10 days (where the end customer is not a consumer) from the date of delivery of the Device to the end customer, the warranty period shall run from the date of delivery of the Device to the end customer. Only an Authorised Installation Company may enter the commissioning date of the Device in the warranty certificate. Confirmation of the date of delivery of the Device is stated in the handover report; alternatively, the date on which the Exclusive Importer issued the invoice for the supply of the Goods and services shall be deemed the date of delivery of the Device.

Basic Warranty period for Accessories: 24 months from the date of delivery of the Goods to the end customer.

If the warranty conditions are met, all defects covered by the Basic Warranty will be remedied by repair. At its discretion, the Exclusive Importer may always settle a complaint by supplying a new defect-free item instead of repairing the Goods, provided that this is not disproportionate in view of the nature of the defect, or by supplying a defect-free component (part). In such a case, the replaced Goods or component (part) shall become the property of the Exclusive Importer. In the event of an irreparable defect in the Goods or their component (part), the defective Goods, where not disproportionate in view of the nature of the defect, or the defective component (part), shall be replaced with a new item (part). At its discretion, the Exclusive Importer may decide on another method of settling the complaint. The scope of the end customer’s claims arising from defects covered by the warranty is governed exclusively by this warranty certificate; any other claims of the end customer are excluded.

The warranty period is suspended from the date the complaint is made until the date on which, following completion of the repair or settlement of the complaint by delivery of a new item, the end customer takes over the Goods, or until the date on which the end customer was obliged to take over the Goods/item after completion of the repair.

2) Extended Warranty for the Device provided by the Exclusive Importer

Provided that all of the following conditions are met:
a) the Goods are purchased and used by an end customer who is a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended (“A consumer is any person who, outside the scope of his or her business activity or outside the independent exercise of his or her profession, concludes a contract with an entrepreneur or otherwise deals with an entrepreneur.”); and at the same time

b) registration of the end customer-consumer in the Extended Warranty programme has been completed no later than 2 months from the date of delivery of the Goods to the end customer-consumer (notice: if the registration deadline is missed, the end customer-consumer loses the right to the Extended Warranty),

c) the Goods are used exclusively for ordinary household operation

the Exclusive Importer NEWAG spol. s r.o. provides end customers-consumers with an Extended Warranty for the Device to the extent specified below.

The Extended Warranty terminates as soon as any one of the conditions under a) to c) above ceases to be met.

Registration of an end customer-consumer in the Extended Warranty programme is carried out either by duly completing the Customer Card available on the websites www.husky.cz and www.newag.cz, or by sending a printed and completed Customer Card through an Authorised Installation Company. Confirmation of registration for the Extended Warranty will be sent to the end customer-consumer at the registered email address.

Extended Warranty period for the Device: 60 months from the date on which the Device supplied to an end customer-consumer registered in the Extended Warranty programme is commissioned by an Authorised Installation Company. If the Device is not commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the Extended Warranty period shall run from the date on which the end customer-consumer is registered in the Extended Warranty programme, provided that the registration deadline under point b) above is observed. Only an Authorised Installation Company may enter the commissioning date of the Device in the warranty certificate. Under this Extended Warranty provided to the end customer-consumer, the Exclusive Importer undertakes that, under normal use, the Goods will retain their functions and performance for the duration of the warranty.

The scope and conditions of the Extended Warranty correspond to the scope of rights under the Extended Warranty set out in this warranty certificate and are identical to those of the Basic Warranty, with the exception of the warranty period applicable to items, components and spare parts supplied/installed in connection with remedying defects in the Goods claimed after expiry of the Basic Warranty. If, in connection with settling a claim for defects in the Device made under the Extended Warranty after expiry of the Basic Warranty, a new defect-free item, component or spare part is supplied, such item, component or spare part shall be covered by a warranty for three months from the date of delivery/completion of the repair. However, the warranty period for newly supplied items, components and spare parts shall not end before the Extended Warranty period for the Device in respect of which the new item, component or spare part was supplied. After the first 36 months of the Extended Warranty have elapsed, the Exclusive Importer shall continue, as part of claims under the Extended Warranty, to provide the end customer-consumer completely free of charge with a new spare part in which a manufacturing or material defect becomes apparent. The end customer-consumer bears their own costs associated with exercising rights under the Extended Warranty, the costs of delivery of the spare part and the costs of replacing the damaged/defective part with a new one.

The Extended Warranty for the Device always ends upon expiry of 60 months from the date on which the Device was commissioned by an Authorised Installation Company, or from delivery of the Device if it was not commissioned by an Authorised Installation Company within 3 weeks of the date of delivery to the end customer-consumer. After expiry of that period, no claims under the Extended Warranty may be asserted in relation to the Device or to any new items, components and spare parts supplied.

The Extended Warranty does not apply to Accessories or consumables. After expiry of the Basic Warranty, no warranty claims may be asserted in relation to Accessories or to items, components and spare parts.

3) Exclusive Warranty for the Device provided by the Exclusive Importer

Provided that all of the following conditions are met:
a) the Goods are purchased and used by an end customer-consumer registered with the Exclusive Importer in the Extended Warranty programme; and at the same time

b) the Goods are used exclusively for ordinary household operation

c) the Regular Inspection of the Device* is duly and timely performed

d) registration of the end customer-consumer in the “Exclusive Warranty” programme has been completed no later than 2 months from the date of delivery of the Goods to the end customer-consumer (notice: if the registration deadline is missed, the end customer-consumer loses the right to the Exclusive Warranty)

e) the end customer-consumer has paid the fee (CZK 2,500 excluding VAT) for provision of the Exclusive Warranty (hereinafter the “Fee”) in the amount determined according to the current price list of the Exclusive Importer NEWAG spol. s r.o. published at www.husky.cz; www.newag.cz. VAT at the rate required by applicable law will be charged on the Fee; and

f) the Exclusive Warranty is offered by the Exclusive Importer for the Device

the Exclusive Importer NEWAG spol. s r.o. provides end customers-consumers with the Exclusive Warranty for selected Devices (i.e. Devices expressly designated in the purchase agreement as goods covered by the Exclusive Warranty), to the extent specified below.

The Exclusive Warranty terminates as soon as any one of the conditions under a) to f) above ceases to be met.

Under the conditions set out in these warranty terms, the Exclusive Warranty is provided to the end customer-consumer by the Exclusive Importer. The Fee for provision of the Exclusive Warranty shall always be paid by the end customer-consumer to the account of the Exclusive Importer NEWAG spol. s r.o. on the basis of an invoice issued by the Exclusive Importer, including where the Goods were purchased by the end customer-consumer from any authorised distributor of NEWAG spol. s r.o. Confirmation of registration for the Exclusive Warranty will be sent to the end customer-consumer at the registered email address once payment of the Fee has been credited to the Exclusive Importer’s account.

Regular Inspections of the Device*: A Regular Inspection of the Device means an inspection of the functions of the Device, including inspection of the carbon brushes and, where necessary, replacement of the carbon brushes with new ones by an Authorised Installation Company after 5 years (no earlier than 60 days before and no later than 60 days after expiry of the 5-year period) from the date on which the Device was commissioned by an Authorised Installation Company. If the Device was not commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the period for performance of the Regular Inspection of the Device shall be calculated from the date of delivery of the Device to the end customer-consumer.

Regular Inspections of the Device shall be arranged with an Authorised Installation Company at the expense of the end customer-consumer or user of the Goods. Regular Inspections of the Device do not replace ordinary maintenance of the Goods, which must be carried out in accordance with the Instructions for Use.

Under this Exclusive Warranty provided to the end customer-consumer, the Exclusive Importer undertakes that, under normal use, the Goods will retain their functions and performance for the duration of the warranty. The Exclusive Warranty means the undertaking of the Exclusive Importer, under the conditions set out in this warranty certificate, to provide a new spare part for the Goods in which a manufacturing or material defect becomes apparent during the period of the Exclusive Warranty for the Goods.

Under the Exclusive Warranty, the Exclusive Importer shall provide the end customer-consumer with a new spare part completely free of charge. The end customer-consumer shall bear only their own costs associated with exercising rights under the Exclusive Warranty, the costs of delivery of the spare part and the costs of replacing the damaged/defective part with a new one.

At the same time, however, during the first 36 months of the Exclusive Warranty the following shall apply:

a) where the Device was commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the Exclusive Importer NEWAG spol. s r.o. shall, under the Exclusive Warranty, bear the costs of delivering the spare part to the place of installation of the Device, as well as the costs of replacement of the damaged/defective part with a new one at the place of installation of the Device by an Authorised Installation Company;

b) where the Device was not commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the Exclusive Importer NEWAG spol. s r.o. shall, under the Exclusive Warranty, bear the costs of replacing the damaged/defective part with a new one on condition that, in connection with such exercise of rights under the Exclusive Warranty, the Device was delivered to the registered office of the Exclusive Importer NEWAG spol. s r.o. (otherwise, under the Exclusive Warranty the end customer-consumer is entitled only to delivery of a new spare part for the Goods in which a manufacturing or material defect has become apparent).

Any item, component or new spare part supplied under the Exclusive Warranty is not covered by the Basic Warranty or the Extended Warranty. An item, component or new spare part supplied under the Exclusive Warranty is fully covered only by the Exclusive Warranty provided for the Goods in respect of which the item, component or new spare part was supplied; this means that the Exclusive Warranty for the supplied item, component or new spare part shall expire no later than together with the Exclusive Warranty for the Goods in respect of which the replacement item, component or new spare part was supplied.

The Exclusive Warranty for the Device always ends no later than 10 years from the date of delivery of the Device to the end customer-consumer. After expiry of the Exclusive Warranty, no claims under the Exclusive Warranty may be asserted in relation to the Device or to items, components and spare parts supplied under claims arising from the Exclusive Warranty. The Exclusive Warranty does not apply to Accessories or consumables. After expiry of the Basic Warranty, no warranty claims may be asserted in relation to Accessories or to items, components and spare parts.

Registration in the Exclusive Warranty programme is carried out by duly completing the Customer Card available on the Exclusive Importer’s websites www.newag.cz, www.husky.cz. Registration may be completed interactively by filling in the Customer Card directly on the Exclusive Importer’s website or by sending a printed and completed Customer Card by registered post to the registered office of the Exclusive Importer.

Limited guarantee of free service by the Exclusive Importer under the Exclusive Warranty.

Rights under the Exclusive Warranty may be exercised by the end customer-consumer with the Exclusive Importer or with an authorised distributor of NEWAG spol. s r.o. (hereinafter an “authorised distributor”).

EXERCISE OF RIGHTS ARISING FROM DEFECTS, OTHER PROVISIONS:

The following also applies to the Basic Warranty, Extended Warranty and Exclusive Warranty:

1) Rights arising from defects covered by the warranty (quality warranty) shall be exercised by the end customer with the Exclusive Importer if the Device was purchased from it; otherwise, with the authorised distributor from which the Device was purchased, or with another person designated by the Exclusive Importer to settle complaints. When exercising rights under the quality warranty (making a complaint) pursuant to these warranty terms, the end customer is obliged to prove the existence of the quality warranty by presenting this warranty certificate. A complaint cannot be accepted without a duly completed warranty certificate, where a warranty certificate is presented with illegible, overwritten or otherwise altered details, or where identification details stated on the Goods have been changed, removed or damaged.

2) The end customer is obliged to assert defects (make a complaint) with the Exclusive Importer if the Device was purchased from it, or with the authorised distributor or another person designated by the Exclusive Importer to settle complaints (see the preceding point), without undue delay after discovering them. The warranty does not cover damage to the Goods or worsening of a defect in the Goods caused by using the Goods after the occurrence of the defect could have been detected. The scope of the end customer’s claims arising from defects covered by the quality warranty is governed exclusively by these warranty terms; any other claims of the end customer are excluded.

3) Pursuant to Section 2174a(1)(a) of the Civil Code, an end customer-consumer has a statutory right against the Exclusive Importer from which the Goods were purchased through an online store to have the defect remedied free of charge; this right is not affected by the quality warranty.

4) These warranty terms do not affect the end customer’s rights arising from mandatory provisions of generally binding legal regulations.

5) The end customer is not entitled in any way to transfer, assign, dispose of or otherwise provide to a third party the end customer’s rights under the warranty (Basic Warranty, Extended Warranty, Exclusive Warranty), and such rights do not pass to any subsequent purchaser of the item (Goods) or any part thereof.

6) The end customer has no right under the warranty if the defect was caused by an external event after the risk of damage to the item passed to the end customer.