Terms and Conditions
Terms and Conditions
These general terms and conditions apply to the business activities of Nisa Air s.r.o. carried out through this online shop in the Czech Republic. Nisa Air is hereinafter referred to as the seller and the business partner as the buyer.
1. Obligation of the Seller
The Seller undertakes to deliver to the Buyer the products specified in this online shop. Deliveries are made on the basis of the Buyer's order.
The order confirmation is sent automatically by e-mail after the availability of the goods has been established.
The contractual relationship between the Seller and the Buyer is established when the Buyer confirms and sends the order to the Seller in the online shop.
2. Price of performance
The prices of the delivered products are inclusive of VAT. The costs of transport and transport insurance are not included in the list price and are charged separately by the Seller at the actual costs or at an amount agreed in advance in writing with the Buyer.
3. Payment terms
Goods are sent on delivery as standard.
4. Delivery terms
The Seller will ensure delivery within the time specified in the order confirmation. The date of delivery means the date of handover of the goods to the first public carrier.
The Buyer is obliged to notify the Seller in good time of any facts that could lead to problems in the Seller's proper performance.
If the Buyer fails to collect the goods in accordance with the order confirmation, the Buyer undertakes to reimburse the Seller for the actual costs incurred by the Seller in cancelling the contractual relationship.
The seller bears the risk of damage to the goods until the goods are handed over to the buyer. Upon acceptance of the goods, this risk passes to the buyer. The document required for the acceptance of the goods shall be the delivery note with the mandatory particulars or the waybill with the particulars in accordance with the relevant transport regulations, if the goods are delivered by a public carrier.
5. Transfer of ownership
The buyer acquires ownership of the goods by full payment of the purchase price in the amount specified in the order confirmation, including VAT.
6. Withdrawal from the contract
The Buyer has the right to unilaterally withdraw from the contractual relationship if the Seller's delay in performance exceeds 21 days. The withdrawal must be made in writing (fax is accepted). In this case, the Seller is obliged to return to the Buyer all funds paid by the Buyer to the Seller in connection with the unilaterally cancelled contractual relationship.
The Seller has the right to unilaterally withdraw from the contractual relationship if the Buyer fails to fulfil the conditions agreed in the order confirmation. The cancellation must be made in writing (fax is accepted).
7. Liability for defects, claims
The seller declares that the goods delivered have the functional characteristics and reliability that are usual for this commodity and area of use. The goods supplied comply with the relevant CSN and meet the requirements specified in Act No. 22/97, as amended.
The standard warranty period is 24 months from delivery, unless otherwise specified. Different warranties apply mainly to sale goods.
The warranty is valid if the use and installation of the goods conform to the instructions, installation drawings, recommended wiring and other recommendations of the seller. Seller does not accept liability for goods destroyed due to faulty installation, mishandling, improper storage or misuse of the product. Seller's liability is always limited to the value of the product delivered. The Seller shall not be liable for damages caused by defects in the product supplied by him and for indirect or consequential damages resulting from the use of the product.
Liability for defects in the goods is subject to the provisions of § 422 et seq. of the Commercial Code.
Obvious defects in the completeness of the delivery (quantity, assortment) must be notified by the buyer to the seller within three working days after delivery in writing (fax is accepted). Immediately, in the case of collection of goods from the Seller's warehouse.
Products claimed for hidden defects within the warranty period must be sent back to the seller. A completed "Complaint Report" must be sent together with the claimed goods, or other data as requested by the Seller (delivery note, wiring diagram, climatic conditions, etc.).
8. Special arrangements
Both the Seller and the Buyer are obliged to provide the other party with the following information about their company on request: an extract from the commercial register and proof of the allocation of a tax identification number. Both the Seller and the Buyer shall treat this information as confidential and shall treat it accordingly.
Unless otherwise agreed in this document or in the order confirmation or in the purchase contract, the relationship between the Seller and the Buyer shall be governed by the relevant legislation, in particular the Commercial Code as amended.
Information on the processing of personal data
The company NISA AIR, s.r.o., ID No.: 62242661, with its registered office at Bezděčín 136, 293 01 Mladá Boleslav, registered in the Commercial Register kept at the Municipal Court in Prague under the Commercial Register No. C 131758 (hereinafter referred to as the "Controller") hereby takes the liberty to inform the customer, if he is a natural person, as a data subject, that his personal data will be processed by the Controller as follows
1) For the purpose of fulfilling the legal obligations of the controller, the following personal data of the customer will be processed:
Name and surname or name, address of residence or registered office, identification number, tax identification number, date of birth, possibly birth number, scope and subject of performance, possibly other mandatory data according to the relevant legislation
This personal data will be processed in particular for the purpose of fulfilling the obligations of the controller under the relevant legislation (e.g. in the area of bookkeeping). The personal data may be transferred by the controller to third parties, in particular to state authorities, if the controller is obliged to transfer the personal data by law. The personal data will be processed for the time necessary to comply with the legal obligations to which the controller is subject.
2) For the performance of a contract, the terms of which are set out in Art. to which the customer is a party, the following personal data of the customer will be processed:
Name and surname or name, residential or registered office address, delivery address, identification number, tax identification number, date of birth, possibly birth number, e-mail address, telephone number, bank connection, or other data provided by the customer for this reason
These personal data will be processed in particular for the purpose of processing the customer's order and for the purpose of exercising the rights and fulfilling the obligations of the controller under the contract. The personal data of customers may be transferred to the contractual partners of the controller, in particular to transport companies for the delivery of goods. For the duration of the rights and obligations under the contract to which the customer is a party, the controller processes the personal data necessary for the performance of the contract, including related rights, e.g. for the exercise of rights arising from liability for defects. These personal data will also be processed in order to carry out the necessary pre-contractual measures at the request of the customer. Personal data will be processed for the purpose of negotiating the conclusion of the contract. Personal data for these purposes will be processed until the conclusion of the contract negotiations.
3) The following personal data of the customer will be processed for the legitimate interests of the controller:
Name and surname or name, residential or registered office address, e-mail address, telephone number, identification number, tax identification number, date of birth, possibly birth number, scope and subject of performance, possibly other data provided by the customer for this reason
These personal data will be processed in particular for the purpose of enforcing any claims of the controller and for the possible approaching of the customer with whom the contract has been concluded by means of an offer for the supply of goods or services of the controller. The customer's personal data will be processed for these purposes for as long as necessary to pursue the legitimate interests of the controller.
The controller informs the customer that, if the customer is a legal entity, the controller will process the personal data of the natural person acting in specific cases on behalf of that legal entity, for the reasons set out above and within the scope of name and surname, job title, e-mail address and telephone number, if applicable. The controller wishes to inform the customer that his/her personal data referred to above may also be processed on behalf of the controller by a processor as an entity different from the controller (e.g. in connection with the provision of technical support, consultancy, security of the controller's assets, etc.). The controller shall disclose to the customer, upon request, the identity of the processors to whom the personal data have been transferred.
The processing of the personal data obtained from all customers of the controller is carried out in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as the "Act") and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as amended and in force from 25 May 2018 (hereinafter referred to as the "Regulation").
The customer is entitled to request from the controller access to his personal data, that is, he has the right to request confirmation that his personal data is being processed and the right to request communication of information about the processing process, in addition, the customer has the right to the portability of personal data. The customer may request rectification if the personal data is inaccurate or completion if the personal data is incomplete. The customer may object, request erasure and limit the processing of personal data only on the grounds provided for by law or regulation.
4) Terms and conditions of personal data protection when purchasing in the e-shop:
The above personal data must be processed for order processing and other contractual performance if a purchase contract is concluded between you and the seller. Such processing of personal data is permitted by Article 6(1)(b) of the Regulation - the processing is necessary for the performance of the contract.
The Seller also processes this data for the purpose of recording the contract and any future exercise and defence of the rights and obligations of the parties. The retention and processing of personal data for the above purpose is for the period prescribed by law from the execution of the last part of the performance under the contract, unless another legal regulation requires the retention of contractual documentation for a longer period. Such processing is possible on the basis of Article 6(1)(c) and (f) of the Regulation - the processing is necessary for the fulfilment of a legal obligation and for the purposes of the legitimate interests of the controller.
The collection of cookies for the purposes set out above may be regarded as processing of personal data. Such processing is possible on the basis of a legal ground - the legitimate interest of the controller, and is permitted by Article 6(1)(f) of the Regulation.
Any questions regarding the processing of personal data will be answered by the customer by phone at 724 152 998 or by e-mail at info@nisaair.cz
The customer has thus been informed of his/her rights under the law and the Regulation and has been informed of what personal data will be processed by the controller, for what purposes and for how long.