Terms and conditions - Sciva International s.r.o.

Business terms and conditions for the e-shop www.scivainternational.com

Contact details

Sciva International s.r.o. entered in the Commercial Register maintained by the Municipal Court in Prague in Section C, File 312812

With registered office at Bartoškova 1368/4, 140 00 Prague 4

Company ID No.: 080 57 539

VAT No.: CZ08087539

(hereinafter referred to only as “Sciva International”)

Making a purchase in the e-shop – conclusion of a purchase contract (hereinafter referred to only as “Purchase Contract”)

The process of concluding a Purchase Contract between the customer and Sciva International by placing an order in the e-shop located on the website www.scivainternational.com (hereinafter referred to only as the “E-shop”) is described below.

You can buy the goods of Sciva International in the E-shop using the order form. This in particular contains information about:

o the goods;

o the price of the goods;

o the desired method of delivery of the goods;

o costs relating to delivery of the goods;

o the method of payment for the goods and delivery.

After filling in the order form, an order is created (hereinafter referred to only as the “Order”).

Before sending the Order, the customer can change the details contained in the Order.

After the Order has been sent, this data will be regarded as up-to-date, truthful and precise.

After Sciva International receives the Order, the customer is informed of its receipt and confirmation by e-mail sent to the e-mail address provided by the customer in the Order.

A Purchase Contract is concluded between Sciva International and the Customer at the moment of delivery of confirmation of receipt of the Order.

Sciva International reserves the right to not accept an Order if it contains unlikely personal data, unlikely details about quantity or similar unlikely data. In such a case, Sciva International will contact the customer at the e-mail address provided by the customer in the Order and either confirm the details with him/her or notify him/her that the Order has been rejected. In such a case, the Purchase Contract between Sciva International and the customer is not concluded until the moment of confirmation of this unlikely data.

Goods will be delivered within 30 days of the moment of conclusion of the Purchase Contract. Sciva International reserves the right to withdraw from the Purchase Contract in a situation when the goods which the customer ordered are not in stock and will not be in stock within 60 days from the date of conclusion of the Purchase Contract.

According to the Act on registration of sales, Sciva International is obliged to issue the customer a receipt and to register the revenue received with the tax administrator online; in the event of a technical outage, no later than within 48 hours.

Information about the goods and the price stipulated by Sciva International is binding with the exception of any obvious errors. Prices are specified inclusive of all taxes (e.g. VAT) and fees, except costs for delivery of goods.

The customer is obliged to accept the goods and if he/she fails to do so, Sciva International is entitled to withdraw from the Purchase Contract. In this case, the customer is obliged to reimburse Sciva International all costs incurred by Sciva International in relation to sending of goods.

User account

The customer can create a user account in the Sciva International e-shop.

After registration, the customer can access his/her user interface (hereinafter referred to only as the “User Account”)

All of the data specified in the User Account must be correct, truthful and up-to-date.

Please respect the user rules – be these the rules determined in these terms and conditions, or those rules required by the legislation valid in individual countries.

Access to the User Account is secured with a user name and password.

The customer can manage his/her Orders in the User Account.

In view of the necessary maintenance of hardware and software, or the necessary maintenance of the hardware and software of our subcontractors, the User Account or the website need not necessarily be available nonstop. Sciva International bears no liability for any damage or loss caused by any possible unavailability.

If the customer breaches the business terms and conditions of Sciva International or the legislation or the rights of any third parties, Sciva International shall be entitled to cancel this customer’s User Account without prior warning.

Withdrawal from the contract

If the customer uses the e-shop for private purposes, i.e. he/she is a consumer (hereinafter referred to only as “Consumer”), he/she has certain rights under Czech law. The provision of this article shall only be applied if the customer enters into a contractual relationship with Sciva International as a Consumer, i.e. a person acting outside of the framework of his/her commercial activity or outside of the framework of operation of his/her business.

The Consumer is entitled to withdraw from the Purchase Contract within 14 days of receipt of the goods, this being regardless of the method of receipt of the goods or method of payment.

Sciva International is obliged to refund the Consumer the amount corresponding in full to the purchase price of the goods and costs paid for their delivery within 14 days of withdrawal from the contract, this being in the same manner as that in which it received payment from the Consumer. The Consumer is obliged to send or hand over the purchased goods to Sciva International within the same deadline. Goods should be returned to Sciva International (not cash on delivery) complete, ideally in the original packaging and must not exhibit any signs of damage or use. Costs relating to return of the goods shall be settled by the Consumer.

If the returned goods are damaged through breach of obligation by the Consumer, Sciva International shall be entitled to exercise entitlement to compensation from the Consumer for such reduction in value of the goods and to set this off against the refunded amount.

In accordance with Act No. 634/1992 Coll., on Consumer protection, the Consumer is entitled to out-of-court settlement of any consumer dispute arising from this Contract. In such a case, the Consumer is entitled to contact the Czech Trade Inspection Authority, (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: adr.coi.cz). Out-of-court resolution of a dispute may only be instigated subject to proposal by the Consumer, this being if it was not possible to resolve the dispute directly with the operator. Proposal may be submitted no later than 1 year from the date on which the Consumer exercised his/her right which is the subject of the dispute for the first time with the operator. The Consumer is entitled to instigate out-of-court resolution of the dispute online via the ODR platform which is available on the ec.europa.eu/consumers/odr/ website.

Processing of personal data

When registering for a User Account, just like when ordering goods, the personal data which is entered will be processed. This processing is used to create and ensure the functioning of the account and for administration of Orders.

Sciva International (hereinafter referred to also as the “Controller”), processes the following personal data of the Buyer within the meaning of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to only as the “Regulation”):

o name and surname;

o telephone number;

o e-mail address;

o address;

o invoicing address;

o company name;

o company registered office;

o Company ID No., VAT No.;

o bank account number;

o user name and password for the User Account.

The above-mentioned personal data will be processed for the purpose of identification of the contracting parties, communication between the contracting parties and performance of contracts which are concluded, this being for the duration of the contractual relationship and for a further period of 10 years, unless the legislation requires a longer period of time, or unless such processing is necessary for the purpose of protecting the rights and legitimate interests of the Controller.

In the event of purchase of goods, the e-mail address may be processed for the purpose of inclusion in a database for sending of commercial messages, unless you refuse such messages. Such messages may only relate to similar goods and the customer can easily unsubscribe from these at any time – by sending a letter, e-mail or by clicking on the link in the commercial message. The e-mail address will be processed by the Controller for this purpose for a period of 3 years from the last contract which is concluded, unless the Buyer prolongs this period.

Processing for the above-mentioned purposes is possible on the basis of the following provisions of the Regulation:

Art. 6. para. 1 b) necessity for conclusion and performance of a contract (processing and handling Orders)
Art. 6. para. 1. c) necessity for compliance with the legal obligations of the Controller (bookkeeping)
Art. 6. para. 1 f) the legitimate interests of the Controller (protection of the rights of the Controller and direct marketing)
Art. 6. para. 1 a) consent of the data subject (creation of a user profile).

Sciva International declares that all personal data is confidential and that it will not be provided to any third party. An exception to this is constituted by carriers to which the Buyer’s personal data is handed over in the minimum scope necessary for delivery of the goods, to providers of evaluation services to which the Buyer’s personal data is handed over in the minimum scope necessary for performance of evaluation, providers of payment gateways to which the Buyer’s personal data is handed over in the minimum scope necessary to facilitate payment for the Order and also to processors, which may be:

o the webhosting provider ACTIVE 24, s.r.o., Sokolovská 394/17, 186 00 Prague 8, Company ID No.: 25115804, VAT No.: CZ25115804, Municipal Court in Prague, File ref.: C.51029;

The Buyer takes due note of the fact that in accordance with the Regulation, he/she has the right:

o to request of the Seller information as to which items of his/her personal data are being processed;

o to request of the Seller access to this data and to have it updated or corrected, or where applicable to request restriction of processing;

o to request of the company deletion of personal data – the company will perform deletion of personal data if this deletion is not at variance with para. 1 of this information and the legitimate interests of the company;

o to raise objection in the event of processing performed on the basis of the legitimate interest of the Seller;

o to portability of data and the right at any time to request copies of personal data which is processed, to file a complaint with the Office for Personal Data Protection and the right to effective judicial protection if as the data subject the Buyer believes that his/her rights in accordance with the Regulation have been infringed as a result of processing his/her personal data at variance with the Regulation.

All rights can also be exercised electronically at the address info@scivacorp.com

General provisions

Sciva International reserves the right to change the Business Terms and Conditions. If it does so, the customer shall be notified of such change to the Business Terms and Conditions by means of notification sent to the e-mail address specified in the User Account.

Any products which could be defined as electronic cigarettes or smoking paraphernalia in accordance with Act No. 65/2017 Coll., on Protection of health from the harmful effects of addictive substances, are intended for sale only to persons over the age of 18.

If during use of a service, any dispute arises between the customer and Sciva International, such disputes shall be adjudicated in accordance with Czech law.

If the contractual relationship between Sciva International and the customer includes an international element, Sciva International hereby arranges that Czech law shall be considered to be governing law. The Czech courts hold jurisdiction for resolution of any possible disputes.

If any of the provision of these terms and conditions is or becomes invalid or ineffective, this invalidity or ineffectiveness shall not affect the validity of the other provisions.

These Business Terms and Conditions become effective on …………………….