These Terms and Conditions (hereinafter referred to as "Terms and Conditions" or "T&C") of PRESTON Services & Aviation s.r.o. with registered office at Nad Rokoskou 2361/2a, Libeň, 182 00 Prague 8, identification number: 11632658, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C 352086 (hereinafter referred to as "Seller"), regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with the provision of services (hereinafter collectively referred to as the "Product") in connection with or pursuant to a contract (hereinafter referred to as the "Contract") concluded between the Provider and another person (hereinafter referred to as the "Buyer").
Provisions deviating from the Terms and Conditions may be agreed in the Contract. Deviating provisions in the Contract shall prevail over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. The Contract may be concluded in the Czech language.
The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. Method of concluding the contract
The Buyer is the person who purchases products or receives services (hereinafter referred to as "Products") of the Seller.
The Buyer, at the commencement of the business relationship, provides the Seller with his/her contact details necessary for the execution of the order.
An order from the Buyer constitutes a proposal to conclude the Contract. The Buyer shall have the opportunity to check the Order and, if necessary, correct or complete it before sending it. By sending the order, the Buyer confirms that he/she has read and agrees to these Terms and Conditions. The Buyer has been sufficiently notified of the POs prior to the actual execution of the order and has read and had the opportunity to read the POs in detail.
The Contract is concluded when the Seller formally confirms this proposal by means of a binding order confirmation. From that moment onwards, mutual rights and obligations between the Buyer and the Seller arise, which are specified in detail in the Contract and these Terms and Conditions, which form an integral part of the Contract.
The Buyer agrees to the use of remote means of communication in concluding the Contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and such costs shall not differ from the basic rate.
The Buyer is aware that the purchase of the Products offered by the Seller does not give the Buyer any rights to use registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific contract.
3. Product price and payment terms
The Buyer may pay the price of the Product and any costs associated with the purchase of the Product under the Contract to the Seller in the following ways:
by wire transfer to the Seller's account No. 298573767/0300, maintained at ČSOB (hereinafter referred to as the "Seller's account");
cashlessly by credit card through the payment gateway to which the Buyer will be directed from the web browser;
Together with the price of the Product, the Buyer is obliged to pay the Seller any costs associated with the purchase of the Product in the agreed amount. Unless expressly stated otherwise, the Product shall also mean the costs associated with the purchase of the Product.
The Seller shall not require the Buyer to make a deposit or other similar payment. This is without prejudice to the provisions of the Terms and Conditions regarding the obligation to pay the price of the Product in advance.
In the case of non-cash payment, the price of the Product is due within 5 days of the conclusion of the Contract.
In case of non-cash payment, the Buyer is obliged to pay the price of the Product together with the indication of the variable symbol of the payment. In case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Contract. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the Product and send it in electronic form to the Buyer's electronic address.
4. Method of contract performance
The specification of the Products and the method of their provision is contained in the offer presented on the Seller's website. The Seller undertakes to provide the Products in the manner and to the extent presented on the website. The Seller reserves the right to modify the manner and/or scope of provision of the Products during the course of the contractual relationship.
If the Product is a Product with a date of performance, performance or at least commencement of performance before the expiry of the statutory withdrawal period, the Buyer agrees by entering into the Contract to perform before the expiry of the statutory withdrawal period. The Seller understands that by doing so, it forfeits the right to withdraw from the Contract and refund the price of the Product. If the Buyer does not agree to conclude the Contract with performance, in particular the provision of the digital content of the Products before the expiry of the statutory withdrawal period, the Buyer shall contact the Seller to negotiate individual terms at info@prestonaviation.cz.
5. Termination of the Contract
The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, he cannot withdraw from
Contract if the Product has already been provided or the provision of the Product has begun. The Buyer is not entitled to a refund of any part of the price of the Product.
The Seller reserves the right to terminate the provision of the Product and not to perform the obligations arising from the Contract if the Buyer fails to comply with the obligations set out in these Terms and Conditions. Termination of the provision of the Product shall take place by the Seller immediately upon receipt of notice of termination of the Contract under this paragraph.
The Buyer (within the meaning of Section 419 of Act No. 89/2012 Coll., Civil Code) has the right to withdraw from the Contract within 14 days of receipt of the Product if the Contract was concluded by means of distance communication. If the consumer decides to exercise this right, the withdrawal from the Contract must be delivered to the Seller no later than on the 14th day after the conclusion of the Contract.
6. Other rights and obligations of the parties
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). The Buyer is entitled to claim defects that become apparent in the accepted performance during the term of the Contract.
Consumer complaints are handled by the Seller via the electronic address info@prestonaviation.cz. The Seller shall send information on the handling of the complaint to the Buyer's electronic address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the contract.
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is authorised to provide the Product on the basis of a trade licence. Trade control is carried out by the competent trade authority within its jurisdiction. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
7. Privacy Policy
The Seller shall fulfil its information obligation towards the recipient within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 as the "GDPR") related to the processing of the Buyer's personal data for the purposes of the performance of the Contract, for the purposes of the negotiations on the Contract and for the purposes of the Seller's public obligations by means of a separate document.
8. Sending commercial communications and storing cookies
The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
The buyer has the option to subscribe to commercial communications by entering his contact details (in particular, email address) in the web interface and confirming the contact details entered by confirming the link sent to the specified email address. The Buyer is entitled to withdraw his/her consent to receive commercial communications by clicking on the link provided in each e-mail commercial communication or by sending a withdrawal of consent to info@prestonaviation.cz.
The Buyer consents to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the contract can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw consent under the previous sentence at any time.
9. Delivery
The Buyer may be served at the Buyer's electronic address.
10. Final provisions
If the relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the Buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If a provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
A sample form for withdrawal from the Contract is attached to the Terms and Conditions.
Contact details of the Seller: PRESTON Services & Aviation s.r.o., Křenová 72, 602 00 Brno - střed, tel.: +420 773 718 895, email: info@prestonaviation.cz
These General Terms and Conditions are valid from 1.1.2024.
The Seller reserves the right to change these General Terms and Conditions without prior notice.
