Provider
Pozdrav od Ježíška, s.r.o.
Registered office: Na Míčánce 2540/36, Dejvice, 160 00 Praha
Identifikační číslo: 09472428
Daňové identifikační číslo: CZ09472428
Telefon: +420 228 229 867
Adresa elektronické pošty: santa@santacalling.co.uk
Adresa pro doručování: Na Míčánce 2540/36, Dejvice, 160 00 Praha
(dále jen „Prodávající“).
1. Introduction
- These terms and conditions (hereinafter referred to as "Terms") govern the mutual rights and obligations arising between the Seller and the Buyer (as defined below) in connection with or based on the purchase agreement (hereinafter referred to as "Agreement") entered into between the Seller and the Buyer for the purchase of services offered through the Seller's online store. The online store is operated by the Seller on the website located at [Website URL] (hereinafter referred to as "Website").
- The Buyer orders the "Santa Calling" (hereinafter referred to as "Call") through the Website. The Buyer specifies the name, gender, age of the recipient, and further details related to the Call. The Buyer completes the order form on the Website and makes the payment according to these Terms. The Seller will ensure that the Call is made at the specified time to the provided phone number.
- Communication is conducted electronically over the public internet network. Communication through electronic means (typically using a smartphone, tablet, or computer) is subject to fees charged by the data provider that the consumer has a contract with.
2. Formation of the Agreement
- To order a Call, the Buyer must: 1) enter the recipient's name, gender, and age, 2) specify what Santa should praise the recipient for., 3) specify what Santa should reprimand the recipient for, 4) fill in any other required details for processing the order (desired date and time, recipient’s phone number, email address for confirmation, payment method).
- Before submitting the order, the Buyer is given the opportunity to check the information entered and make any necessary changes.
- The Buyer submits the order by clicking the "Proceed to Payment" button.
- The Agreement is formed when the Seller receives a complete order and payment confirmation. A complete order includes all mandatory fields, including the product details, price, and payment method. The Buyer must confirm they have read and agreed to these Terms.
- Once the order and payment confirmation are received, the Seller will schedule the Call for the specified date and time. The Call will take place as scheduled, and the Buyer will be notified by email.
- If the order is incomplete or lacks payment confirmation within 3 days, the Seller will delete the order permanently.
- The presentation of the Call on the Website is for informational purposes only, and the Seller is not obligated to conclude a contract regarding the Call. The Seller may reject the order at their discretion.
3. Price of the Call and Payment Conditions
- The Website displays information about the Call, including its price. The price of the Call is inclusive of VAT and all related fees.
- Prices are valid as long as they are displayed on the Website. This does not limit the Seller’s ability to enter into a contract on individually agreed terms.
- The Buyer can pay for the Call directly via online payment methods, and a payment confirmation will be sent to the email address provided in the order.
- The obligation to pay for the Call is fulfilled once the payment is credited to the Seller’s account.
- Payment for the Call is due within 3 days of entering into the Agreement. The Buyer is required to include the payment reference number when making the payment.
4. Execution of the Call
- The Seller uses the public telephone network in the UK and an autonomous technology system to execute the Call.
- The Call is available for phone numbers with the UK country code "020" or other UK-specific area codes registered with UK operators.
- A Call is considered completed when the recipient answers the phone. The Call is also considered completed if the recipient repeatedly rejects the call, or if the phone number is incorrect or unavailable, and the Buyer did not correct the number.
5. Rights and Obligations of the Parties
- The Seller is not responsible for the content of the Call as defined by the Buyer.
- The Seller is not liable for faults outside their control, especially those occurring in the internet transmission network, mobile operators' networks, or the Buyer’s communication device. The Seller also does not assume liability for the execution of payments.
- The Seller is not bound by any codes of conduct within the meaning of the relevant laws.
- The Buyer is fully responsible for the information entered into the Call.
- The Buyer agrees that their relationship with the recipient falls under one of the following categories:
- The Buyer agrees not to misuse the Website for harassment or any actions that may be suspected of criminal activity, violations of good morals, or deceptive purposes. Such behavior may lead to legal consequences.
- The Seller reserves the right to refuse the execution of the Call at their discretion, particularly if the content of the Call is offensive, defamatory, or contrary to good morals or public order, or if it violates the personality rights of third parties. In such cases, the Buyer is liable for any damages caused.
- The Buyer assumes the risk of changing circumstances.
- In case of a defective Call (e.g., if the Call is not made), the Buyer may file a complaint by emailing the Provider.
6. Data Protection
- Personal data of the Buyer, if they are a natural person or self-employed individual, is subject to data protection laws in force in the UK.
- The Seller is the data controller, and personal data is processed for the purposes of fulfilling the Agreement.
- The Seller will store personal data for the duration of the Agreement and up to 10 years, or for a longer period if required by law.
- Personal data will be processed by the Seller's employees or a processor contracted by the Seller. The Seller will not disclose personal data to third parties without the Buyer's consent, except as required by law.
- The Buyer has the right to access their personal data, request correction or deletion, or limit its processing, and the right to data portability.
- The Buyer agrees that the Seller may process their personal data using automated systems.
7. Sending Marketing Communications and Cookies
- The Buyer agrees to receive information related to the Seller’s products and services via electronic communication, and also agrees to receive marketing communications from the Seller.
- The Buyer agrees to the storage of cookies on their device. If the Buyer does not want cookies to be stored, they may withdraw their consent at any time.
8. Final provisions
- The Seller reserves the right to change these Terms at any time.
- These terms and conditions are effective from December 16, 2024.