Terms and Conditions

Business Terms and Conditions

of

VIRTUALMOTIVE s.r.o.

Company ID No: 081 67 311
having its registered office at: Voskovcova 754/10, Nové Sady, 779 00 Olomouc
registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Entry 78566

1. Introductory Provisions and Definition of Terms

  1. 1.1  These Business Terms and Conditions of VIRTUALMOTIVE s.r.o., Company ID No.: 081 67 311, having its registered office at: Voskovcova 754/10, Nové Sady, 779 00 Olomouc, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Entry 78566, regulate the mutual rights and obligations of the contracting parties arising in connection with the conclusion of a purchase contract by and between VIRTUALMOTIVE s.r.o. as the seller and another person as the buyer in a distance manner, i.e. by means of remote communication, without the simultaneous physical presence of the seller and the buyer, where the contracts are primarily concluded via an order form or e-mail communication.
  2. 1.2  Unless explicitly stipulated otherwise herein, the following terms are hereinafter used in the following meaning:
    • −  “Business Terms and Conditions” – these terms and conditions;
    • −  “Purchase Contract” – a contract concluded between VIRTUALMOTIVE s.r.o. as the Seller and a third party as the Buyer, on the basis of which the Seller transfers to the Buyer the ownership title to the subject of purchase against the Buyer’s obligation to pay the purchase price, all under the terms and conditions set out in the Contract and the Business Terms and Conditions;

− “Seller” – the Seller means a party to the Purchase Contract. The Seller is VIRTUALMOTIVE s.r.o., Company ID No.: 081 67 311, having its registered office at: Voskovcova 754/10, Nové Sady, 779 00 Olomouc, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Entry 78566;

− “Buyer” – the Buyer means a party to the Purchase Contract. The Buyer may be either a natural person or a legal entity;

− “Consumer” – the consumer is a natural person entering into a purchase contract outside the scope of its business activity;

− “Entrepreneur” – the Entrepreneur is a person who individually and on their own account performs gainful activities as a trade or in a similar manner with the aim to do so systematically to achieve profit;

− “Subject of Purchase” – the subject of purchase consists in goods, in particular digital content specified in more detail in the Purchase Contract;

− “Purchase Price” – the Buyer undertakes to pay the Purchase Price to the Seller under the terms and conditions specified in the Purchase Contract and in the Business Terms and Conditions. The Purchase Price is indicated both without VAT and including VAT if the Seller is a VAT payer, and including all other duties and fees unless arranged or determined otherwise;

− “CC” – for the purposes hereof, CC is an abbreviation for Act No. 89/2012 Coll., Civil Code, as amended;

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− “Consumer Protection Act” – for the purposes hereof, the Consumer Protection Act is an abbreviation for Act No. 643/1992 Coll., Consumer Protection Act, as amended.

1.3 If the person negotiating the conclusion of the Purchase Contract with the Seller is an entrepreneur or a legal entity, the applicable provisions of the Civil Code, the Consumer Protection Act and the Business Terms and Conditions protecting consumers, in particular, by the Seller’s obligations towards the Buyer and withdrawal from the Contract, shall not apply.

2. Purchase Contract

  1. 2.1  The Buyer shall place an order for the Subject of Purchase on the Seller’s website – www.chcisvujdum.cz or luxurycontainerhouse.com and shall provide the Seller with its personal data, to the following extent at least:
    • −  Designation of the Subject of Purchase;
    • −  Name and surname;
    • −  Date of birth;
    • −  E-mail address;
    • −  Address of permanent residence (street, house number, town, postcode);
    • −  Invoicing address (street, house number, town, postcode).
  2. 2.2  The Buyer declares that the personal data provided to the Seller are correct and complete, and acknowledges that without such assurance the Seller would not enter into the Purchase Agreement with the Buyer.
  3. 2.3  The Buyer declares that it prefers the e-mail address provided to the Seller as the primary method of communication with the Seller.
  4. 2.4  If the Subject of Purchase consists in “Supporting documents for project documentation for construction of the family house Sirius”, the Seller shall provide the Buyer with documents and technical drawings intended as supporting documents for the preparation of project documentation for construction notification or for a building permit for a house by a person authorized to do so, specifically in the DVG format, as well as documents in the PDF format with detailed purchase lists of material for the construction. Unless otherwise agreed in the Purchase Contract, the Seller shall also provide the Buyer with access to the 10-part video giving instructions on how to build a house on one’s own.
  5. 2.5  If the Subject of Purchase consists in supporting documents for the project documentation for the construction of another building, the Seller shall provide the Buyer with a set of documents and technical drawings used as a basis for the preparation of the project documentation for notification of the construction or a building permit by a person authorized to do so in the DVG format.
  6. 2.6  The Parties acknowledge and understand that the conclusion of the Purchase Contract, based on which the Seller shall hand over the Subject of Purchase to the Buyer, shall take place under the terms and conditions specified in the Purchase Contract, as well as in these Business Terms and Conditions, which form an integral part of the Purchase Contract, upon confirmation of the Seller’s order delivered to the Buyer’s e-mail address and full payment of the Purchase Price by the Buyer to the Seller’s bank account. By sending an order, the Buyer confirms it has familiarized itself with the Business Terms and Conditions. Without the Buyer’s confirmation that it has familiarized itself with these Business Terms and Conditions, the order cannot be completed and sent. Acceptance of the Buyer’s order by the Seller is binding.
  7. 2.7  The Purchase Price also includes a licence fee for the use of the Subject of Purchase to the agreed extent and in the agreed manner.

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  1. 2.8  The Buyer is obliged to pay the Purchase Price for the Subject of Purchase to the Seller’s bank accountindicated in the Purchase Contract within 7 days following the date of confirmation of the order by the Buyer.
  2. 2.9  The Seller is entitled to demand payment of the entire Purchase Price before the Subject of Purchase is provided to the Buyer (Section 2119 (1) of the CC shall not apply).
  3. 2.10  The Buyer shall acquire the ownership title to the Subject of Purchase only upon full payment of the Purchase Price according to the Purchase Contract.

3. License

  1. 3.1  The Buyer acknowledges and understands that both the Subject of Purchase and the Remuneration constitute a work within the meaning of Act No. 121/2000 Coll., Act on copyright, on rights related to copyright and on the amendment of certain acts (the Copyright Act), and are therefore subject to legal protection pursuant to the Copyright Act. The Buyer is not entitled to use the Subject of Purchase or the Remuneration in a manner differing from the content of the license granted. The Buyer shall be held liable to the Seller for damage caused by a breach of the above-mentioned obligation.
  2. 3.2  The Seller declares that it is entitled to use the Subject of Purchase and the Remuneration in an unlimited manner, including the reproduction and distribution thereof.
  3. 3.3  The Seller provides the Buyer with the right to use the Subject of Purchase and the Remuneration. The Buyer is entitled to use the Subject of Purchase and the Remuneration exclusively for its personal use (hereinafter referred to as “Licence”).
  4. 3.4  Personal need within the meaning of Article 4(3) hereof shall be understood as preparation of the project documentation and implementation of the construction of one house.
  5. 3.5  The Buyer acknowledges and understands that necessary software or technical equipment may be required to read the Subject of Purchase and the Remuneration. Neither such software nor any technical equipment is part of the Subject of Purchase unless the Parties agree otherwise.
  6. 3.6  The Licence to use the Subject of Purchase and the Remuneration is granted for an indefinite period of time.
  7. 3.7  The Licence is not granted on an exclusive basis.
  8. 3.8  The price of the Licence is included in the Purchase Price.
  9. 3.9  In particular, the Buyer must not resell, lease, lend, or otherwise disclose the Subject of Purchase and the Remuneration to a third party unless agreed otherwise, except for the provision thereof to an authorized person (designer) for the purpose of producing the project documentation.
  10. 3.10  The Buyer acknowledges that both the Subject of Purchase and the Remuneration – “Supporting documents for project documentation for construction of a family house” are secured by the Seller for the purpose of using the Subject of Purchase and the Remuneration only in accordance with the granted License. Any unauthorized interference in the protection of the Subject of Purchase and the Remuneration shall be considered a breach of the Buyer’s obligation pursuant to Article 4(1) hereof.
  11. 3.11  If the Buyer breaches Article 4(9) hereof, the Buyer undertakes to pay to the Seller a contractual penalty in the amount of CZK 300,000. The right to the contractual penalty arises in full regardless of the occurrence of damage caused by a breach of the obligation secured by the contractual penalty and the amount of the damage. Similarly, the right to claim compensation for damage caused by a breach of the obligation secured by the contractual penalty shall arise in full regardless of the agreed contractual penalty. The contractual penalty shall be payable within 7 days of the delivery of the entitled

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participant’s request for the penalty. Individual claims for a contractual penalty are separate and not mutually exclusive.

4. Complaint – Rights Resulting from Defective Performance

  1. 4.1  The Seller’s liability for defects shall be governed by applicable generally binding legal regulations, inparticular by the provisions of Sections 1914 through 1925 of the CC, Sections 2099 through 2117 of the CC and Sections 2161 through 2174 of the CC, as well as by the Consumer Protection Act.
  2. 4.2  The Seller shall make sure that the Subject of Purchase is free of defects at the moment of takeover thereof. In particular, the Seller is obliged to make sure that at the moment that the Buyer takes over the item,
    • −  the Subject of Purchase has the properties which the Parties have agreed upon, which were described by the Seller or expected by the Buyer with regard to the nature thereof;
    • −  the Subject of Purchase is fit for the purpose of use which is presented by the Seller or which goods of this type are ordinarily used for;
    • −  the Subject of Purchase corresponds in quality or design to the agreed sample or template if the quality or design is determined according to an agreed sample or template;
    • −  the Subject of Purchase is in the appropriate quantity,
    • −  the Subject of Purchase complies with the requirements of legal regulations.
  3. 4.3  the Subject of Purchase and the Remuneration do not constitute project documentation within the meaning of Decree No. 499/2006 Coll., on building documentation.
  4. 4.4  The Consumer is entitled to claim defects which become apparent within twenty-four months of acceptance of the goods.
  5. 4.5  If a defect manifests itself within six months of the acceptance, the item is deemed to have been defective at the time of the acceptance.
  6. 4.6  The Buyer is entitled to exercise defective performance rights with the Seller:
    • −  By e-mail sent from the e-mail address communicated to the Seller to the following e-mailaddress: info@chcisvujdum.cz
    • −  or by mail to the address of the Seller’s registered office.

5. Contract Termination

  1. 5.1  The Buyer acknowledges and understands that pursuant to the provisions of Section 1837 of the CC it is not possible, among other things, to withdraw from a contract:− on delivery of goods modified or customized according to the Consumer’s specification;
    − on delivery of an audio or video recording or a computer programme if he/she has damaged theoriginal packaging,
    − on delivery of digital content if it has not been delivered on a tangible medium and has beendelivered with the prior expressed consent of the Consumer before the expiry of the period for withdrawal from the contract and if, prior to entering into the contract, the Entrepreneur notified the Consumer that in such an event the Consumer shall not be entitled to withdraw from the contract.
  2. 5.2  Except for the cases specified in Article 6(1) hereof or except for other cases where it is not possible to withdraw from a purchase contract pursuant to the provision of Section 1837 of the CC, the Buyer is entitled, in accordance with the provision of Section 1829(1) of the CC, to withdraw from the Purchase Contract within 14 days following the acceptance of the Subject of Purchase.

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  1. 5.3  The Buyer is obliged to withdraw from the Contract in writing and deliver the notice of withdrawal to the address of the Seller’s registered office or send it to the Seller’s e-mail address: info@chcisvujdum.cz.
  2. 5.4  The Purchase Contract shall be made null and void upon valid withdrawal therefrom. The Subject of Purchase must be returned to the Seller within 14 days following the date of withdrawal from the Purchase Contract to the address of the Seller’s registered office.
  3. 5.5  The Seller shall return to the Buyer the funds sent by the Buyer within 14 days of withdrawal from the Purchase Contract to the bank account from which they were paid unless the Seller and the Buyer agree otherwise.
  4. 5.6  Upon termination of the Purchase Contract, the granted Licence shall expire, too.

6. Pre-Contract Notification by the Seller

6.1 The Seller hereby informs the Buyer that

  • −  the Purchase Price stated in the Purchase Contract is final.
  • −  In the case of Licences agreed for an indefinite period of time, the price of the Licence shall beagreed for the entire period of granting of the licence, unless otherwise specified;
  • −  Both the Subject of Purchase and the Remuneration are supplied to the Buyer exclusively inelectronic form without a tangible medium (flashdisk, CD, DVD, etc.);
  • −  The Seller does not charge any costs of delivery of the Subject of Purchase and/or Remuneration.

7. Personal Data Protection

7.1 The Seller processes the provided personal data in a correct, lawful and transparent manner. The extent of the personal data processing shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. The Seller processes personal data communicated directly by the Buyer or obtained through HitHit.com. Personal data are processed for the purposes of fulfilment of contractual obligations, pre-contractual negotiations and for fulfilment of the Seller’s obligations.

8. Closing Provisions

  1. 8.1  The Seller declares that it is authorized to sell the Subject of Purchase on the basis of a trade licence.
  2. 8.2  As regards matters not regulated by the Purchase Contract and/or the Business Terms and Conditions, the legal relationships between the Seller and the Buyer shall be governed by the applicable legal regulations of the Czech Republic, in particular the Civil Code and the Consumer Protection Act.
  3. 8.3  The relationships between the Seller and the Buyer shall be governed by the applicable legal regulations of the Czech Republic.
  4. 8.4  The Seller and the Buyer agree that the relationships and any potential disputes that arise from the Purchase Contract will be resolved exclusively pursuant to the legislation of the Czech Republic by competent courts of the Czech Republic.
  5. 8.5  The Seller and the Buyer undertake to resolve any disputes primarily in an out-of-court manner. The Buyer may then contact the Czech Trade Inspection Authority – ADR Department and propose the commencement of an out-of-court settlement of the dispute. Details of the proposal, description of the course of the proceedings and other information concerning the out-of-court resolution of the dispute are available on www.coi.cz. The objective of the out-of-court resolution of consumer disputes is to achieve an amicable settlement of the dispute and an agreement between the parties. The ADR

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Department of the Czech Trade Inspection Authority is a notified body of the out-of-court resolution of consumer disputes kept on the list of the European Commission.

  1. 8.6  If any provision of the Purchase Contract and/or the Business Terms and Conditions is invalid or ineffective, it shall be replaced with a relevant, valid and effective lawful provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the other provisions.
  2. 8.7  These Business Terms and Conditions may be amended or supplemented. The rights and obligations of the parties shall always be governed by the Business Terms and Conditions in force at the time of conclusion of the Purchase Agreement.
  3. 8.8  The Business Terms and Conditions are also published on the Seller’s website at www.chcisvujdum.cz.Given in Olomouc, dated 01 March 2021