Personal data protection
Confidentiality of communications and data protection
We, Bubnovi s.r.o., registered in the Commercial Register maintained by the Regional Court in Hradec Králové under file No. C 47081, ID No.: 09925635, registered office: Žižkova 1021, 508 01 Hořice, we operate the Internet interface www.bubnovi.cz (hereinafter referred to as the "portal").
Confidentiality and content of communications
You can set the level of confidentiality of electronic communication when visiting the portal, and by selecting the settings you decide to give your consent to the processing of individual categories of data stored on your end device ("cookies").
You can refuse consent to the processing of cookies without being restricted in your ability to visit the portal and view its content.
Please note that the use of the electronic form is technically conditional on your consent to the processing of certain categories of cookies.
You can withdraw your consent to the processing of cookies at any time by changing the confidentiality level of electronic communications.
We are not responsible for the content of the transmitted information and automatically temporary intermediate information you provide, nor for the storage of the content of such information.
Processing and protection of personal data
Personal data means any information about you by which you can be directly or indirectly identified, such as your name, date of birth, identification number, location data or network identifier.
Processing of personal data means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated processes, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other disclosure, alignment or combination, restriction, erasure or destruction.
You provide us with your personal data
a) when browsing the portal, only if you set the level of confidentiality of communications accordingly and consent to the processing of certain categories of cookies in this context; without your consent, the processing of cookies will not take place in the above manner;
b) in a message sent to us via an electronic form or electronic mail; sending such a message is conditional on your consent to the processing of personal data, which you express by ticking the relevant box;
c) when communicating by telephone or e-mail; you give your consent to the processing of the personal data referred to therein implicitly by providing us with your personal data.
As a data controller, we will process your personal data
a) by automatically storing the communication in which you provide us with your personal data; in this case, your personal data will be stored on a data repository that can only be accessed by our company executives and employees who have been duly instructed on their obligations when processing personal data;
(b) by being recorded if you provide us with your personal data by telephone and subsequently stored in accordance with point (a);
(c) collecting, structuring, sorting or combining stored personal data in the event that we enter into any contract with you;
(d) by disclosure to our advisors who are bound by confidentiality obligations and instructed on the principles of processing personal data;
(e) erasure if the data concerned are no longer needed for the purpose for which they are processed;
f) for the purpose of communicating with you and, where applicable, for the purpose of fulfilling obligations under the contract or contracts you enter into with us, and for the purpose of fulfilling obligations under special legislation, in particular in the field of financial administration;
(g) on the basis of your consent given in one or more of the ways set out above;
h) also without your consent if this is necessary for the performance of obligations under the contract or contracts you enter into with us or for the fulfilment of legal obligations that apply to us, in particular obligations imposed by special legal regulations in the field of financial administration;
(i) only to the extent and for the period necessary to achieve any of the above purposes;
(j) in a manner that ensures adequate security of your personal data, including protection by appropriate technical or organisational measures against unauthorised or unlawful processing and against accidental loss, destruction or damage.
You have the right to withdraw your consent to the processing of your personal data at any time. However, the withdrawal of consent does not affect the lawfulness of processing based on consent given before the withdrawal. Please note that in certain cases mentioned above, we are still entitled to process your personal data without your consent, but only for the purposes mentioned above that justify it.
You have the right to request from us
(a) access to your personal data; this means the right to obtain confirmation from us as to whether or not personal data relating to you is being processed and, if so, the right to obtain access
to such personal data in the form of a copy thereof;
(b) rectification of your personal data if it is inaccurate or incomplete; in the case of incomplete personal data, you have the right to complete it by providing an additional declaration;
c) deletion of your personal data if they are no longer necessary for the purposes for which they were collected or otherwise processed, or if you have withdrawn your consent to the processing of your personal data and there is no further legal basis for the processing, or if your personal data were unlawfully processed or collected in connection with
offering information society services;
d) limiting the processing of your personal data if you contest its accuracy, for the time necessary for us to verify the accuracy of the personal data, or if the processing of your personal data is unlawful and you request a restriction on its use instead of its deletion pursuant to point c), or if we no longer need to process your data, but you require it for the establishment, exercise or defence of legal claims;
e) your personal data that you have provided to us in a structured, commonly used and machine-readable format for the purpose of transferring that data to another controller.
You have the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection.
General conditions
General terms and conditions for wholesale of goods
These general terms and conditions for the wholesale of goods (hereinafter referred to as the "Terms and Conditions") are issued by Bubnovi s.r.o., registered in the Commercial Register maintained by the Regional Court in Hradec Králové under file No. C 47081, ID No.: 09925635, registered office: Žižkova 1021, 508 01 Hořice.
Article 1
Subject matter and purpose of these terms and conditions
1. The subject of these terms and conditions is the establishment of general contractual arrangements for purchase contracts concluded between Bubnovi s.r.o. (hereinafter referred to as the "Seller") and third party businesses (hereinafter referred to as the "Buyer").
2. The purpose of these Terms and Conditions is to enable the Seller and the Buyer (collectively, the "Parties") to enter into simple and concise purchase contracts.
Article 2
Buyer's declaration
1. By concluding the Purchase Agreement, the Purchaser
a) acknowledges that the goods requested by him (hereinafter referred to as the "object of purchase") will only be manufactured by a third party in a location outside the European Union (hereinafter referred to as the "manufacturer");
b) declares that the specification, sample or draft of the object of purchase made or approved by him does not infringe the rights of third parties, in particular copyright, trademark or unregistered designation rights or personality rights, and that it does not contravene public policy;
(c) declares that he is not a consumer.
2. The buyer is responsible for the truthfulness of the declaration referred to in paragraph 1. The Buyer's liability under the preceding sentence includes the obligation to defend the Seller against claims by third parties at his own expense
and acts of public authority.
Article 3
Delivery of the object of purchase
1. The Seller shall order the object of purchase from the manufacturer within 10 (ten) working days of payment of the deposit pursuant to Article 5(1). The Seller shall have the right to withdraw from the Purchase Contract if the Purchased Item is not delivered to the Seller within 3 (three) months after the order has been placed with the manufacturer. The Buyer shall have the right to withdraw from the Purchase Contract if the Purchased Goods are not delivered to him within 6 (six) months of the payment of the deposit referred to in Article 5(1).
2. The Seller shall deliver the object of purchase to the Buyer by means of a carrier chosen by the Seller to the place of destination within 10 (ten) working days from the day on which the object of purchase is received from the manufacturer; unless otherwise agreed in the Purchase Contract, the place of destination shall be the Buyer's registered office. The ownership of the object of purchase and the risk of damage to it shall pass to the Buyer at the moment when the Seller has handed over the object of purchase to the carrier in accordance with the preceding sentence.
3. The buyer shall take over the object of purchase at the place of destination on any working day between 9 a.m. and 7 p.m., or at a time agreed by the parties, and shall confirm in writing the acceptance of the object of purchase on the submitted document. If the buyer breaches the obligation under the previous sentence, this shall not affect the start of the time limits for notification of defects under paragraph 4 and the seller shall be entitled to store the object of purchase at the buyer's expense.
4. The Buyer shall notify the Seller of obvious defects of the object of purchase within 3 (three) working days of receipt and hidden defects of the object of purchase within 10 (ten) working days of receipt.
5. The seller bears the cost of transporting the object of purchase from the seller to the destination.
6. The buyer bears the cost of transporting the object of purchase from the manufacturer to the seller. The Buyer acknowledges that the actual cost of transportation as set out in the preceding sentence may exceed the estimate communicated by the Seller and declares that he assumes the risk of change in circumstances.
Article 4
Liability for defects
1. The parties agree that in the event of defects in the object of purchase, regardless of their extent and severity, which are notified in time, the buyer will always be entitled only to a discount on the purchase price, but not on the transport price. The discount on the purchase price according to the preceding sentence shall correspond to the sum of
a) the purchase prices of all items of the object of purchase, the design of which does not correspond to the purchase contract or the sample or sample and which the buyer returned to the seller in the original condition;
b) an agreed discount on the purchase price of all items of the object of purchase, the design of which does not correspond to the purchase contract or the sample or sample and which the buyer retains even with defects.
2. The Seller does not provide the Buyer with a guarantee for the quality of the object of purchase or any of its items. If it is apparent from any item of the purchase item or any document relating thereto that the manufacturer warrants the quality of that item, the seller shall assist the buyer in enforcing the warranty with the manufacturer, but shall not assume or be liable for the obligations under the warranty itself.
Article 5
Purchase price and transport price
1. The Buyer shall pay the Seller an advance payment of 50% of the purchase price; he shall do so on the basis of the advance tax document issued by the Seller within the due date specified on this tax document, which shall not be less than 5 (five) working days.
2. The parties agree on a price clause, with the understanding that the applicable costs are the prices of all raw materials, energy, fuel, labour and rent of premises required for the production of the object of purchase, which the manufacturer shall notify to the seller.
3. The Seller shall be entitled to payment of the purchase price and to payment of the transport costs pursuant to Article 3(6) at the time when the Seller has handed over the object of purchase to the carrier pursuant to Article 3(2). The Buyer shall pay the difference between the Purchase Price and the deposit paid pursuant to paragraph 1 and the transport costs pursuant to Article 3(6) on the basis of a proper tax invoice issued by the Seller within the due date stated on the tax invoice, which shall not be less than ten (10) working days.
4. If the buyer fails to fulfil the obligation under paragraph 1 or paragraph 3 in due and timely manner, the seller shall be entitled to a contractual penalty of 0.1% of the amount due for each day of delay or to withdraw from the purchase contract.
Article 6
Legal actions, communication and service of process
1. The Seller shall be entitled to rely on the fact that the person communicating with the Buyer from the Buyer's domain or with reference to his employment with the Buyer is authorised to act for the Buyer.
2. The Parties shall communicate and conduct legal transactions primarily by electronic mail.
(3) The Parties shall notify each other without undue delay of any change of address or electronic contact details; if, as a result of a breach of this obligation, delivery of a consignment or communication is not successful, the sending Party shall be entitled to treat this as a deliberate failure to deliver.
4. The monetary obligation shall be deemed to have been fulfilled on the date on which the full amount due has been credited to the account of the entitled party.
Article 7
General contractual provisions
1. The Purchase Agreement may only be amended or cancelled in writing in the manner specified in Article 6(2).
2. The Parties declare that the provisions contained in the Purchase Agreement or these Terms and Conditions correspond solely to their serious and free will, and that the Purchase Agreement is not subject to any other terms and conditions, applicable rules of interpretation, methodological guidelines, opinions
and so on.
(3) Neither Party shall be entitled to assign its claim under the Purchase Contract to a third party without the prior written consent of the other Party.
4. These Terms and Conditions shall come into force on the date of their publication on the Seller's website.