TERMS AND CONDITIONS OF CONTAINERS-STORE s.r.o.

Effective as of 1 April 2022 for containers-store.com

 


Definition of basic terms 
Portal shall be understood to mean the content of the website available at the internet address (URL): http://www.containers-store.com, via which it is possible to advertise goods (containers).
Portal operator shall be understood to mean CONTAINERS-STORE s.r.o., Company ID No.: 08836558, registered office: Slavníkova 2357/9, Břevnov, 169 00 Prague 6, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 326135, business premises: Průmyslová 154, 674 01 Třebíč, telephone number: +420 778 509 400, email address: [email protected]
Advertiser shall be understood to mean a person who has created a user account which allows them to create adverts on the portal.
Potential  buyer shall be understood to mean a person who visits the portal and who is interested in buying the advertised containers.
Order shall be understood to mean entering of the advert details by the advertiser on the portal and their subsequent confirmation by the advertiser.
Posting an advert shall be understood to mean the operator facilitating public access to the ordered advert for potential buyers and other people on the portal.

 

General provisions
The portal offers mediation of advertising subject to a fee on the basis of a contract for mediation of advertising concluded between the advertiser and the operator (hereinafter referred to only as the “contract”), for the purpose of offering sale of containers to potential buyers.

 


User account 
On the basis of registration by the advertiser on the portal, the advertiser can access their user account. From their user account, the advertiser can create orders for adverts on the portal.
When registering for a user account on the portal, the advertiser is obliged to provide all information correctly and truthfully. The advertiser is obliged to enter all data marked as obligatory. The advertiser is obliged to update the data provided in the user account in the event of any change to it. The information provided by the advertiser in the user account on the portal is considered to be correct by the operator.
The operator reserves the right to verify the phone number and email which have been entered by newly registered advertisers by means of a verification text and/or verification email. The operator reserves the right not to publish the advert until the phone number or email address has been verified by the operator.
Access to the user account is secured with a username and password. The advertiser is obliged to maintain the confidentiality of the information necessary to access their user account. The operator shall not be liable for any misuse of the user account by third parties. The advertiser is not entitled to allow third parties to use the user account.
The advertiser acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the operator’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
The operator may block or cancel a user account, in particular if the advertiser violates their obligations under the law and these Terms and Conditions or if the advertiser has not logged in to the portal for a period of two years.

 

Procedure for conclusion of a contract
The operator offers posting of adverts for the sale of goods (containers) on the portal.
The advertiser can order posting of an advert on the portal by filling in the “add new offer” form.
The advertiser is obliged to check the data entered in the order form. The advertiser can change the entered data. The information stated in the form is considered to be correct by the operator. The form is submitted by the advertiser to the operator by clicking on the “proceed to payment” button.
The contract can only be concluded in Czech, English or German.
By means of this contract, the advertiser agrees to pay the price for posting of the advert (hereinafter referred to only as the “price”), determined in accordance with these Terms and Conditions, and the operator undertakes to publish the advert ordered by the advertiser on the portal for a period of 14 days after payment of the price.
The advertiser agrees to delivery of messages to the email address specified in their order.
Adverts
Placing orders for adverts
The advertiser can order posting of an advert by filling in the “add new offer” form on the portal:
Step 1: The form in particular contains fields for entry of a header, the size, quantity, price (including information about VAT), location of the container and a description;
Step 2: The form offers the possibility of adding photos;
Step 3: The form displays the options available for the offer (see Art. 6).
A list of adverts is displayed under the “my account” tab.
The advertiser is only allowed to create adverts for offers of containers. Other adverts, the subject of which is not containers, are not allowed.
The advertiser is obliged to provide complete and truthful information about the offered container in the advert, including information about the functionality of the goods, any possible damage, wear and tear, defects and conditions of sale.
Only one type of container can be listed in any quantity in one advert.
The size of the advert must not exceed the limits set by the portal when filling in the order form.
The advertiser is responsible for ensuring that the content of the advert and/or the photographs or other files attached to the advert do not infringe the rights of third parties. The operator shall not be liable for any infringement of the rights of third parties by the advertiser. In the event that the advertiser attaches photographs to the advert, the advertiser grants the operator a free and non-exclusive licence to use the photographs at the moment of creation of the order for the advert on the portal, this being for the period of time in which the advert is posted on the portal and for the methods of use which are in line with the purpose of the portal and in compliance with these Terms and Conditions. The operator reserves the right to add the portal logo to the photographs attached by the advertiser to the advert and displayed on the portal. 
The advertiser is obliged to only create orders for adverts on the portal which comply with the law and these Terms and Conditions. 
All monetary amounts stated on the portal are in euros. Statement of prices in other currencies are not binding and are for informational purposes only.

 

Administration of adverts 
An advert can be edited (text of the advert, photos to go with the advert or options for posting the advert) or deleted in the “my account” tab, “my offers” sub-tab.

 

Administration of adverts by the operator 
The operator reserves the right to check the content of the advert for spelling errors and/or typos in the text before posting the advert on the portal. By grammatically editing the advert, the operator assumes no liability for the truthfulness of the information contained in the advert, nor for the fact that the advertiser is entitled to sell the container and that the potential buyer is entitled to buy the container. The operator is also entitled to change the size of capital letters entered by the advertiser.
Individual adverts may be classified into different groups or categories for display on the portal as determined by the operator. In relation to this, the operator is also entitled to modify the displayed data at its discretion. The operator reserves the right to determine the method of displaying adverts on the portal, including the method of sorting them, and to change this method at any time. 
The operator is entitled to remove duplicate adverts from the portal, even without prior notice and without compensation. 
The operator is entitled to remove adverts at any time if changes to the portal or the legitimate interests of the operator or the protection of the rights of third parties so require; the operator is entitled to such removal of adverts without giving its reason.
The operator is entitled to deactivate or remove adverts which do not comply with these Terms and Conditions from the portal, even without prior notice and without compensation. This also applies where the breach of obligation relates to a user account.

 

Responsibility for the content of adverts and for operation of the portal

The advertiser is responsible for the content of the advert. The operator assumes no responsibility for the content of the advert.
The operator only mediates contact between the advertiser and the potential buyer. The operator assumes no warranty and assumes no responsibility for the quality or origin of the containers which are offered, nor for their suitability for the purpose for which they are intended. Responsibility for delivery, acceptance and payment for the container rests entirely with the advertiser and the potential buyer.
Although the operator uses modern technologies, it does not guarantee the continuous functionality, error-free operation and security of the portal system. The operator shall not be liable for any interruption of services due to technical problems, in particular for any damages which may be incurred by the advertiser or the potential buyer as a result of complete or partial malfunctioning of the portal system or loss of data stored in the portal system.
Prices of adverts and payment conditions 
Posting of an advert
Posting of an advert is subject to a fee of EUR 2.
The advert is posted for a period of 14 days.
The operator is obliged to publish the advert after the price for posting the advert has been paid.
The advertiser will be contacted by the potential buyer via the contact form displayed in the advert details. The operator sends the content of the contact form to the advertiser’s email address as specified in the advertiser’s user account. After the potential buyer has sent the contact form to the advertiser, all subsequent communication takes place exclusively between the advertiser and the potential buyer. The potential buyer can also contact the advertiser directly using the phone number provided by the advertiser in the user account if the advertiser allowed for display of their phone number in the order for the advert.

 

Preferentially placed advert
A surcharge of EUR 1 is charged for giving an advert preferential placing.
Adverts with preferential placing are displayed in better positions in the list of adverts.
The advert is given preferential placing for a period of 7 days, no longer however than for the period the advert is posted for. Once the period of preferential placing has ended, the advert is displayed as usual without preferential placing.
The preferentially placed advert remains in a preferential position in the advert listing until another advert is given preferential placing by another advertiser. The moment another advert is given preferential placing by another advertiser, the advert which was previously given preferential placing moves to the second position in the list. Other advert positions are also moved down the listing in the same way.

 

Advert with an advertising link
An advertising link to a website to go with the advert is subject to a surcharge of EUR 10.
The advertising link is displayed next to the published advert for the entire time the advert is posted.

 

Payment conditions 
All payments are made in euros.
The advertiser is obliged to pay the price for posting the advert via the GoPay payment gateway.

 

Information for consumers
By creating an order, the advertiser agrees to use of remote means of communication for conclusion of the contract. All costs incurred by the advertiser when using remote means of communication in connection with conclusion of the contract (costs for an internet connection, costs for telephone calls, etc.) shall be borne by the advertiser and the operator themselves.
The operator is not bound by any codes of conduct in relation to the advertiser within the meaning of Section 1826(1)(e) of the CC.
An advertiser, who is a natural person and not an entrepreneur (hereinafter referred to only as “consumer”), has the right to withdraw from the contract pursuant to Section 1829(1) of the CC within 14 days of conclusion of the contract, within which time notice of withdrawal must be sent to the operator. The consumer may send notice of withdrawal from the contract to the operator’s email address or to the address of its registered office. A specimen withdrawal form is available on the portal.

 

Rights arising from defective performance
The advertiser’s rights arising from defective performance of the concluded contract are governed in particular by Sections 1914 to 1925 of the CC. 
The advertiser shall submit claims regarding rights arising from defective performance to the operator at the electronic address or the address of its business premises. The moment when the advertiser makes a complaint about the defect to the operator shall be considered to be the moment the claim was submitted.

 

Final provisions
The Terms and Conditions which were published on the portal at the time the advert was ordered shall always apply to adverts. In other cases, the currently published and effective Terms and Conditions shall apply. 
The operator reserves the right to unilaterally change these terms and conditions to a reasonable extent, in particular in the event of any change in the legislation, any technical change or any change in the operator’s operational, organisational or business processes. The operator shall notify the advertiser of any such change via the portal interface at least 7 days before the change takes effect. The advertiser has the right to reject any such change in the Terms and Conditions and to terminate their registration. If the advertiser continues to use the services of the portal after such change in the Terms and Conditions takes effect, the advertiser shall be understood to have accepted this change in the Terms and Conditions.
Issues not covered by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended (abbreviated in the text of these Terms and Conditions as “CC”).
If the legal relationship arising in connection with advertising on the portal contains an international (foreign) element, then the parties agree that this shall be governed by Czech law. This is without prejudice to consumer rights under the generally binding legislation.
If the legal relationship arising in connection with advertising on the portal contains an international (foreign) element, then the parties agree on the jurisdiction of the Czech courts as the authority competent to resolve any disputes. This is without prejudice to consumer rights under Council Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis).
The operator is authorised to provide services on the basis of a trade licence. Trade inspection is carried out within the scope of its competence by the locally competent trade licensing authority.
The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. An advertiser who is a consumer may address a complaint in connection with the conclusion and performance of a contract to this supervisory authority. If a consumer dispute arises between the operator and the advertiser, if the advertiser is a consumer, which cannot be resolved by agreement, the advertiser may file a motion for out-of-court dispute resolution with the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with registered office at Štěpánská 15, 120 00 Prague 2, email: [email protected], web: adr.coi.cz which supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Office for Personal Data Protection supervises compliance with legal regulations in the field of personal data protection.

These Terms and Conditions become effective on 1 April 2022.

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