General terms and conditions for the providing services
These general terms and conditions for the providing services apply to contracts concluded mainly through the web interface www.prorozvoz.cz between our company:
PROROZVOZ s.r.o., with registered office at K Žižkovu 809/7, Vysočany, 190 00 Prague 9 Company ID number: 07024568 VAT Identification Number: CZ07024568 registered in the commercial register at the Municipal Court in Prague, section C, file 293252, address: K Žižkovu 7, Prague 9, 190 00, contact e-mail: firstname.lastname@example.org, contact telephone number: +420 721 771 774
as a service provider (or just "Provider")
and an entrepreneur or legal entity as a customer of services (or just "Customer").
1. INTRODUCTORY PROVISIONS
1.1. Definitions Certain terms are used in these terms which are defined below:
Civil Code means Act No. 89/2012 Coll., Civil Code, as amended;
Terms and conditions mean these General Terms and Conditions for providing services;
Content means all texts (including terms and conditions), photos, images, videos, logos, software and more;
Services mean the Provider's services described in more details in Article 1.2 of these terms and conditions;
Contract means a contract for the transportation of goods, a forwarding contract, a cooperation contract or other contracts listed here concluded between the contracting parties;
Contracting parties mean, depending on the context, either the Provider or the Customer individually, or both together;
Client means a third party (natural or legal entity) who concludes a contract with the Customer; another person to whom the shipment is to be delivered is also considered a client, unless the context indicates otherwise; - Web interface means the Provider's web interface located at www.prorozvoz.cz.
1.2. The Provider provides services consisting in particular of carrying out the transportation of the item specified by the Customer (hereinafter referred to as the "shipment") and handing it over to the Customer, or in arranging for the transportation of the shipment on behalf of the Provider and in related actions. The Provider may also provide other services specified in more detail on the web interface. In particular, the shipment can be food, documents, goods, materials and other things.
1.3. If the Provider's obligation consists in arranging the transportation of the shipment on behalf of the Provider, the Provider is entitled to transport the shipment himself, to use an intermediate forwarder or a third party - the carrier. In such a case, the rights and obligations of the contracting parties according to these terms and conditions shall be applied appropriately.
1.4. The terms and conditions are an integral part of the contract. Provisions deviating from the terms and conditions can be negotiated in the contract. Deviating provisions in the contract take precedence over the terms and conditions. The rights and obligations of the contracting parties are further governed by the conditions and instructions given on the web interface, especially when concluding the contract. In matters not regulated here, the relations of the contracting parties are governed by legal regulations, in particular the Civil Code.
1.5. The contract and terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language, unless the contracting parties expressly agree on another language.
1.6. These terms and conditions apply to customers who are entrepreneurs and legal entities. The Provider reserves the right to decide at their own discretion whether to allow the customer to order services or not.
1.7. By filling out the registration form and also by confirming on the web interface, the Customer confirms that they have familiarized themselves with these terms and conditions and that they agree with them.
2. REGISTRATION AND USER ACCOUNT
2.1. To use all available functions of the web interface (including ordering services), the Customer must register. The registration must contain all the information indicated in the registration form (in particular, the Customer's first and last name, the Customer's address, the Customer's identification number). The Customer is obliged to prove to the provider that they are an entrepreneur. The Provider reserves the right to review the registration and possibly contact the Customer to verify the authenticity of the registration. The Provider further reserves the right not to confirm or reject the Customer's registration, for any reason or without giving a reason.
Upon confirmation of registration by the Provider, a user account is established; this moment also marks the conclusion of a cooperation agreement between the contracting parties. In such a case, the Provider will send the user account password to the Customer, which the Customer is obliged to change without undue delay. The Customer is obliged to keep the access data to the user account confidential. The Provider is not responsible for any misuse of the user account by a third party. The information provided during registration must be true and complete. The Provider may cancel an account that was created using false or incomplete information without compensation. When changing personal data, the Customer is obliged to update this data within the user account. The Provider is not responsible for any damage that occurred as a result of incorrectly entered or out-of-date data.
2.2. Through the user account, the Customer can primarily order the services of the Provider, monitor the progress of individual services, view the overview of the Provider's reward and manage the user account. Any additional functions of the user account are always listed on the web interface.
2.3. The Provider has the right to cancel the Customer's user account without compensation if the Customer's account violates good manners, valid legal regulations or these terms and conditions.
3. PARTIAL ORDER
3.1. The web interface contains a list of services including their characteristics. The presentation of the services provided on the web interface is of an informative nature and is not a proposal by the Provider to conclude a contract in the sense of § 1732, paragraph 2 of the Civil Code. In order to conclude a contract regarding a partial order, it is necessary for the Customer to send a partial order and for this partial order to be accepted by the Provider.
3.2. The Customer can submit a partial order mainly via the web interface (including orders sent via a third party), possibly via email communication, by telephone or in another way indicated on the web interface or as agreed by the contracting parties. The order must always contain the exact name and parameters of the ordered service (in particular details regarding the shipment and its contents, place of pickup of the shipment, place of delivery of the shipment, time of delivery of the shipment) and contact details of the customer. The partial order submitted by the Customer is binding for the Customer.
3.3. The Provider is not obliged to confirm the partial order received. An unconfirmed partial order is not binding for the Provider. The Provider is entitled to verify the partial order in case of doubts about the authenticity, truthfulness and seriousness of the partial order. The Provider may reject an unverified partial order. In particular, the Provider is entitled to refuse a partial order, or to stop providing the services after its initiation, if the delivery of the shipment should be in violation of legal regulations, good manners, public order or these terms and conditions.
3.4. The contract regarding the partial order is concluded at the moment when the acceptance of the partial order by the Provider was delivered to the Customer. If the acceptance of the partial order does not occur according to the previous sentence, the contract regarding the partial order is concluded at the moment when the Customer pays the full price of the services or at the moment when providing the service by the Provider begins (in particular by taking over the shipment), whichever occurs first previously.
3.5. By concluding a contract regarding a partial order, the Provider undertakes to provide the Customer with the agreed services and the Customer undertakes to pay the Provider a fee (the price of the services).
3.6. The Customer is not entitled to unilaterally cancel a partial order. In case of cancellation of a partial order at the Customer's request with the Provider's consent, the Provider is entitled to a cancellation fee of 50% of the service price. If the Provider has already incurred costs in connection with the contract, he is also entitled to reimbursement of these purposefully incurred costs in full.
4. REWARD AND PAYMENT TERMS
4.1. The amount of the reward is determined either by agreement of the contracting parties, or is indicated in the price list available on the web interface. The Provider has the right to unilaterally change the price list after the conclusion of the contract, provided that this change will not affect the price of the services in the case of partial orders already accepted by the Provider.
4.2. The Customer has the option to pay the price of the service to the Provider, in addition to other methods listed on the web interface or individually agreed, in particular:
• cashless after providing the services via the ThePay payment gateway, either immediately after providing each individual service or collectively at the end of the day for all services provided by the Provider on that day (with the Provider having the choice between these specific methods), or
• through a bank transfer based on a tax document - an invoice, which will be issued and sent by the Provider at intervals agreed by the contracting parties; if the interval is not agreed, then in monthly intervals.
4.3. Payment through the payment gateway works on the principle of recurring payments. In this case, the Customer will be asked to authorize the payment settings. After that, the payment for the price of the service will take place at the agreed intervals without the need to enter additional data on the part of the Customer. If the recipient of the payment wants to terminate this payment, he is obliged to inform the Provider about it via e-mail or by choosing an option in the user account; the contracting parties are subsequently obliged to agree on another method of payment (if they do not agree within a reasonable period of time, then payments will be made via bank transfer on the basis of a tax document - invoice).
4.4. When paying by bank transfer on the basis of a tax document - invoice, the price of services is payable on the due date indicated on the invoice, unless otherwise agreed by the contracting parties. If no due date is indicated on the invoice, the price of the service is due within 14 days of receipt of the invoice or other instruction to make payment by the Customer. Unless otherwise agreed, the invoice is sent in electronic form, to which the Customer agrees.
4.5. The Customer's obligation to pay the price of the service in the case of non-cash payment or payment via bank transfer is fulfilled when the relevant amount is credited to the Provider's account.
4.6. In case of non-compliance with the due date according to these terms and conditions, the Customer may be charged late payment interest in the amount of 0.5% of the amount due for each day of delay. This does not affect the Provider's claim to compensation for damages incurred by the Customer as a result of the Customer's delay.
4.7. In case of the Customer's delay in payment of the price of the services, the Provider is also entitled to suspend further agreed provision of services, until the moment of payment of all due obligations of the Customer.
4.8. Payment of the price of the services is possible in Czech crowns (CZK), unless the contracting parties agree otherwise.
4.9. The Customer has the right to request compensation for partial orders if the following conditions are met:
4.9.1. The courier did not wait more than 5 minutes to pick up the order. The supplier notifies the Customer, using the administration at admin.prorozvoz.cz, of the estimated time of arrival of the courier to the Customer.
4.9.2. The complaint is sent by e-mail by the Customer no later than 3 days from the time when the claimed order should have been delivered (to e-mail email@example.com).
4.9.3. Compensation can be applied if the daily average of orders on the day complained of is not 30% greater than the daily average of delivered orders for the last 30 days.
4.9.4. The Customer is entitled to 40% compensation in the amount of the order price if the courier did not deliver the order and was late for more than 30 minutes (the time is determined according to the set zones that the Customer has in the administration at admin.prorozvoz.cz).
4.9.5. The Customer is entitled to a price for the service of a partial claimed order if the courier delivered the order and was late for more than 30 minutes (the time is determined according to the set zones that the Customer has in the administration at admin.prorozvoz.cz).
5. TERMS OF PROVIDING SERVICES
5.1. The customer is obliged to ensure that the shipment is properly packed so that the shipment is not damaged during transportation. The Provider is not obliged to check the contents of the shipment or the correctness of its labeling or packaging. The Provider is not obliged to insure the shipment.
5.2. If the shipment is food or other perishable items or items requiring special handling (e.g. glass), the Customer is obliged to explicitly notify the Provider of this fact in the partial order. The Provider is entitled to refuse delivery of a shipment containing such an item. If the Customer does not notify the provider about the characteristics of the shipment according to the first sentence, he loses the claims arising from the rights from defective performance and from the Provider's responsibility for damage.
5.3. The shipment cannot be:
• weapon, explosives or things threatening human life and health
• narcotic and psychotropic substances and poisons,
• things, the value of which exceeds the amount of CZK 50,000,
• things that are the proceeds of criminal activity, or
• things, the possession or transportation of which is prohibited by law.
5.4. The Provider undertakes to pick up the shipment or arrange for it to be picked up (through a third party) at the place agreed by the contracting parties and deliver it to the destination. For this purpose, the Customer is obliged to provide the Provider with all the necessary data required for delivery (especially Customer contact details).
5.5. Unless otherwise agreed, delivery times are indicative only. If the agreement of the contracting parties stipulates so, the Provider is obliged to deliver the shipment within the time (time range) determined by the partial order. The Provider is not responsible for non-compliance with the delivery time if it was caused by circumstances beyond its control (e.g. traffic situation, bad weather, natural disaster, demonstrations or other interventions caused by force majeure).
5.6. If agreed so by the contracting parties, the Customer undertakes to place a certain number of partial orders with the Provider within a certain period of time (unless otherwise agreed, then this period is 1 calendar month), and the Provider also undertakes to comply with a certain number of shipments from these of partial orders, the delivery time (time range) determined by the partial order. If a certain number of partial orders is not complied with by the Customer within a certain period of time, the Provider is entitled to demand payment of the agreed contractual penalty from the Customer; payment of the contractual penalty does not affect the Provider's right to compensation for any damage. If the delivery time determined by the partial order is not met by the Provider for a certain number of shipments, the Customer has the right to a discount on the price of the services in the agreed amount.
5.7. Providing services consisting in the delivery of a shipment is completed by the delivery of this shipment to its destination.
5.8. If agreed so by the contracting parties, the Provider can also arrange for the Customer to receive cash or valuables (especially meal vouchers) from the Customer's client; in such a case, the Customer authorizes the Provider to accept cash or valuables from the Customer's client. Unless otherwise agreed, the Provider will send the Customer the amount received from the Customer's client (possibly reduced by the gratuity given to the Provider) reduced by its remuneration by non-cash transfer to the bank account provided for this purpose by the Customer, no later than the fifteenth day of the calendar month following the month in which cash was taken over by the Provider, based on the invoice (tax document) issued by the Customer. In the event that, in addition to the obligation to pay the received cash (or valuables), the Provider has the right to remuneration, the payment of which is to be made in a different way than according to the previous sentence, the parties have agreed on the possibility of offsetting the receivables that have arisen in this way. If cash or valuables are not handed over by the Customer's client, the Provider is entitled to refuse to hand over the shipment to the Customer's client. In such a case, the Customer is obliged to compensate the Provider for the costs incurred in connection with this Provider, in full. Until the Customer fulfills his obligation according to the previous sentence, the Provider has the right of retention for the shipment affected.
5.9. If the Customer prevents the Provider from providing the services, in particular by not handing over the shipment or by not providing other necessary cooperation, or otherwise violates the terms of the contract and these terms and conditions, this does not affect the Provider's claim to the price of the services. In such a case, the Customer is also obliged to compensate the Provider for any damage caused to the Provider in connection with it.
5.10. The Customer is obliged to provide the Provider with all cooperation necessary for the proper and timely provision of services by the Provider. In particular, the Customer is obliged to communicate to the Provider all information that the Provider requests in connection with the provision of services or that could affect or thwarts the proper provision of services. 5.11. The Provider can also provide the Customer with other services, based on the agreement of the contracting parties and in accordance with the Provider's price list communicated to the Customer. …… These terms and conditions are valid and effective from November 1, 2020.