Terms and Conditions

Terms & Conditions

of DAJA consulting s.r.o.

General
1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions“) of DAJA consulting s.r.o., with registered office at V zářezu 902/8, Jinonice, 158 00 Prague 5, ID No.: 098 38 007, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 343286 (hereinafter referred to as “Supplier“) shall in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, of the Civil Code, as amended (hereinafter referred to as the “Civil Code“) apply to all deliveries and services of the Supplier to entrepreneurial natural persons, commercial corporations, legal persons of public law, in particular to all contracts for the provision of services concluded with the customer under the terms and conditions set out in the order (see Article 2.1. below) (hereinafter referred to as the “Customer” and the “Contract“).
2. In connection with a continuing business relationship, these Terms and Conditions shall also apply to all future business relationships with the Customer, even if their application is not expressly agreed again by the parties. In the event of any conflict between the provisions of these Terms and Conditions and the provisions in any contract concluded between the Supplier and the Customer, the provisions in the contract shall prevail.
3. These Terms and Conditions shall apply mutatis mutandis to all Contracts concluded between the Supplier and the Customer by means of distance communication (i.e. by telephone, fax, e-mail, etc.).
Communication before conclusion of the contract concluded by distance or outside the supplier’s premises
1. The Supplier discloses, in accordance with Section 1820 of the Civil Code, the following facts:
  1. The cost of means of distance communication does not differ from the basic rate (in the case of internet and telephone connection according to the conditions of the Customer’s operator; the Supplier does not charge any additional fees except for the cost of transport and delivery of documents subject to the services, as well as any statutory fees related to the services).
  2. The Supplier requires payment of the full price of services by the Customer before the Supplier commences performance. The obligation to pay an advance or similar payment applies to the Customer’s requirements for specific services, if required and provided (e.g. manufacture of the product according to the documentation submitted by the Customer, etc.). The Customer shall be expressly informed of this obligation prior to the conclusion of the Contract.
  3. Contracts concluded on the basis of these Terms and Conditions are not contracts of indefinite duration or contracts subject to repeated performance. The possible conclusion of such open-ended and/or recurring contracts between the Customer and the Supplier shall always be dealt with in a separate written contract or framework contract.
  4. The prices of services are quoted in the Supplier’s offer including value added tax, including any other charges provided for by law. The cost of delivery of the service varies according to the method of delivery, the transport provider and the method of payment and is charged separately and is always explicitly stated in the Supplier’s tender.
  5. In the event that the Customer is a consumer, he/she has the right to withdraw from the concluded Contract under the conditions set out in Article 7 of the Terms and Conditions.
  6. In the event of withdrawal from the Contract, the Customer shall bear the costs associated with the return of documents which have been the subject of the Supplier’s service under the respective Contract, including the cost of returning any such document which cannot be returned due to its nature by the usual postal route and/or usual transport service provider.
  7. If the subject of the Contract is the provision of services, the performance of which was commenced with the consent of the Customer-consumer before the expiry of the withdrawal period pursuant to Article 7, the Customer-consumer shall be obliged to pay a proportionate part of the price corresponding to the services already provided.
  8. The Customer – consumer cannot withdraw from the Contract if:

– the provision of services provided by the Supplier with the prior express consent of the Costumer-consumer before the expiry of the withdrawal period,

– the delivery of goods or services, the price of which depends on financial market fluctuations independent of the Supplier’s will and which may occur during the withdrawal period,

– the delivery of goods that have been modified according to the wishes of the Customer – consumer or for his person,

1. 1. The Customer – consumer has the right to file a complaint with the Supplier in writing to the address of the company’s registered office or electronically to info@czechlegalization.cz. The Customer-consumer may also address his/her complaint to the supervisory authority or the state inspectorate.
2. The Supplier shall disclose, in accordance with Section 1826 of the Civil Code, the following information relating to the conclusion of contracts by electronic means:
  1. The Contract shall be kept in the Supplier’s archives for at least five years. The Customer shall have the right to request a copy of the Contract so concluded, provided that the cost of making a copy shall be paid by the Customer in advance at the Supplier’s request.
  2. The Contract is concluded in the Czech and/or English language. In the event that a translation of the text of the Contract into a foreign language arises for the Customer’s use, the interpretation of the Contract in the Czech language shall apply in the event of a dispute as to the interpretation of terms.
  3. The Contract may be concluded by the Customer only in accordance with Article 3 of these Terms and Conditions.
  4. Before the Customer confirms the order, he has the right to change the input data, the required performance, the transport and the method of payment, i.e. to check all the data he has entered in the order.
  5. The Supplier shall not be bound by the Codes pursuant to Section 1826(1)(e) of the Civil Code.
Conclusion of contract
1. A request for the provision of services by the Customer to the Supplier may be made in writing – via the “Get a Quote” web page on the Supplier’s website www.czechlegalization.cz (hereinafter referred to as the “Website“), by e-mail at info@czechlegalization.cz, or verbally at the relevant contact telephone number or in person (hereinafter referred to as the “Inquiry“). Upon receipt of the Inquiry, the Supplier shall send an indicative quotation to the relevant Customer by e-mail, based on the information provided by the Customer to the Supplier in the Inquiry (hereinafter referred to as the “Indicative Quotation“). The indicative offer sent by the Supplier to the Customer is not a draft Contract.

1. An e-mail with the Indicative Quotation will prompt to the Customer to confirm its order and to express its intention to be bound by such order by means of an e-mail sent to the Supplier as a response to the Indicative Quotation.

An e-mail with the Indicative Quotation will further prompt the Customer to provide the Supplier with the following information and documents:

the name and surname of the client;
billing information;
delivery details;
scan of documents for Apostillization or Superlegalization

(hereinafter referred to as the “Binding Order“).

Upon receipt of a Binding Order, the Supplier shall conduct an internal review of the suitability and eligibility of the documents sent for the particular type of service to be provided by the Supplier and subsequently:

1. 1. in the event that the Supplier is of the opinion that the service selected by the Customer for a given document type is not suitable, it may inform the Customer of this fact and may send the Customer a new modified Indicative Offer reflecting a different more suitable type of service (the service recommended by the Supplier for a given document type is only indicative and the final decision on the selected service is always made by the Customer), the Customer shall then proceed accordingly in accordance with Art. 3.1 and subsequently according to Article 3.2.1, otherwise the Supplier shall proceed according to Article 3.2.2;

1. 1. The Supplier shall send to the Customer by email a confirmation summarising the basic terms of the Binding Order, payment details and details for delivery of the documents to the Supplier (“Confirmation“). Delivery of the Confirmation to the Customer’s email address provided in the Order shall constitute the conclusion of the Contract.

1. If the Supplier does not intend to accept the Binding Order, it is not obliged to explicitly reject it.
2. The list of services and their description placed on the Supplier’s website and promotional materials are for information purposes only and do not constitute a proposal for the conclusion of a contract within the meaning of Section 1732 of the Civil Code. The Supplier is not obliged to conclude a Contract with the Customer in respect of the services provided by the Supplier.
3. The Supplier shall not be responsible for the proper selection of services by the Customer and shall not be liable for damages caused by improper selection of services.
4. By entering into the Contract, the Supplier undertakes to provide the agreed services to the Customer and the Customer undertakes to pay the Supplier the agreed remuneration and any incidental costs for these services.

Payment conditions
1. All prices are contractual. The prices quoted by the Supplier are always current and valid, unless unexpected errors or mistakes have occurred. The prices are per unit and are not inclusive of any charges that may have to be added due to the nature of the order, e.g. for transport, cash on delivery, technical support, administrative fees, installation and other related costs for materials and services.
2. The Customer is obliged to pay for the provision of services on the basis of an advance invoice issued by the Supplier. Payment must be made without any deductions to the Supplier’s bank account within five (5) days of receipt of the invoice.
3. After the due date, the Customer is in default of payment, except where payment is not due for a reason for which the Customer is not responsible.
4. Bank charges associated with the payment of the price for services shall be borne by the Customer.
5. The Customer shall not be entitled to withhold any payment under a counterclaim or to set off against such payment in respect of any of its counterclaims, unless the parties have agreed in writing in advance or a final court order so provides.
Liability for defects
1. The Supplier shall not be liable for any failure or delay in performance if:
  1. such failure or delay results from an interruption in the process of providing services under the Contract, but this shall not apply in cases of gross negligence or wilfulness; or
  2. such failure or delay is caused by vis maior or by law.
2. The risk of loss or damage to the items taken over by the Supplier in connection with the performance of its obligations under the Contract shall pass to the Customer at the moment of handing over such items for return transport to the Customer. In the event of a delay in delivery or a defective delivery of the service, the Supplier shall not be liable for any damage that may result therefrom.
3. In no event shall the Supplier be liable in particular for such damages, such as loss of potential future profits, loss of orders, loss of business, loss of future business, loss of production, loss of cooperation, loss or damage to image, loss of revenue, loss of profit, cost of capital, cost of interruption of production or operations, or the like.
4. The Supplier’s liability for delay is excluded in cases where the delay is caused by quarantine or other public authority measures due to the COVID-19 epidemic (so-called coronavirus) or similar exceptional event threatening public health. Supplier’s delay in such a case shall not constitute a breach of the Contract, and Buyer shall not be entitled to any damages or any liquidated damages as a result of such delay.
5. The Supplier’s liability is governed by the relevant provisions of the Civil Code (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174).
6. The Customer is obliged to notify the Supplier of the defect immediately upon its discovery in writing to the Supplier’s email address: info@czechlegalization.cz and to provide the necessary assistance in its correction.
Confidentiality
1. The Customer and the Supplier agree and undertake to maintain confidentiality during the term of the Contract and after its termination and not to disclose to any third party any information of a confidential nature (in particular information relating to the other party’s products, activities, processes, plans or intentions, its product information, know-how, intellectual property rights, trade secrets and information of commercial value) without the prior written consent of the other party, which that party learns from the other party, unless the disclosure of such information is necessary for the performance of the service under the Contract, or unless such information is public information if it is no longer known to that third party at the time of disclosure, unless it subsequently becomes public information otherwise than by virtue of a breach of these Terms and Conditions, or unless it is disclosed to the other party by a third party.
2. Both the Customer and the Supplier undertake to ensure that their employees, associates or cooperating third parties maintain the confidentiality of confidential information and do not use such confidential information in relation to third parties.
3. Both the Customer and the Supplier shall notify the other party of any breach of confidentiality or use of confidential information in relation to third parties without undue delay after becoming aware of such breach or use.
Withdrawal from contract
1. The Customer-consumer has the right to withdraw from the Contract within fourteen days.
2. Withdrawal from the contract may be made by correspondence by sending a written withdrawal to the Supplier’s address or by e-mail to info@czechlegalization.cz.
3. If the Customer-consumer withdraws from the Contract, the subject of which is the provision of services, and the Supplier has started the performance on the basis of an explicit request of the Customer-consumer before the expiry of the withdrawal period, it shall pay the Supplier a proportionate part of the agreed price for the performance provided up to the moment of withdrawal.
4. The Supplier shall be entitled to withdraw from the Contract in the event of a material breach of the Customer’s obligations, in particular (i) default by the Customer in meeting its payment obligations; or (ii) breach by the Customer of legal regulations.
5. The Customer shall be entitled to withdraw from the Contract in the event of a material breach of the Supplier’s obligations.
6. Withdrawal shall be notified in writing to the other party and shall be effective on the date of delivery of such notice to the other party.
7. If the Contract is withdrawn, the Supplier shall return to the Customer the funds received from the Customer under the Contract by payment to the Customer’s bank account communicated to the Supplier in this connection. The Customer shall be responsible for providing and ensuring the accuracy of the details for the refund.
Personal data privacy
1. Personal data are processed by the Supplier in connection with the performance of the Contract in accordance with applicable law, in particular Regulation (EU) No 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).
Out-of-court dispute resolution
1. Currently, consumers – buyers have the possibility to use court proceedings, arbitration or mediation to resolve disputes with the Supplier. The Supplier, as part of the fulfilment of its information obligation, hereby informs the Supplier – consumers that the Consumer Protection Act No. 634/1992 Coll. by amendment No. 378/2015 Coll. (hereinafter referred to as the “CPA“) has provided for the possibility of out-of-court resolution of consumer disputes. According to Section 20d of this Act (ZOS), the consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The out-of-court settlement of a consumer dispute is initiated on the consumer’s proposal, which must contain the statutory elements (§ 20n of the CPA), in particular evidence that the consumer has not been able to resolve the dispute with the other party directly and other documents proving the alleged facts, if available. The consumer may file a claim with the Czech Trade Inspection Authority within one year from the date on which he first exercised his right with the Supplier. The Supplier is subsequently required to provide the Czech Trade Inspection with a statement on the facts set out in the application within 15 working days of receipt of the notification, and the Supplier is obliged to cooperate and provide the Czech Trade Inspection with the cooperation necessary for the effective conduct of the out-of-court settlement of the consumer dispute. The Act sets the maximum length of the out-of-court settlement of a consumer dispute, which must be completed within 90 days of its initiation (in particularly complex disputes, the time limit may be extended by a maximum of a further 90 days). The out-of-court settlement of a consumer dispute can only be terminated voluntarily by the consumer, and may also be terminated in particular by agreement between the consumer and the business. Unlike the above methods, this out-of-court settlement of consumer disputes is not subject to a fee, but each party (i.e. the consumer and the entrepreneur) bears its own costs (e.g. legal representation).
2. The proceedings are conducted before the Czech Trade Inspection Authority,
3. Contact data:

Czech Trade Inspection Authority Central Inspectorate – ADR Department Štěpánská 15 120 00 Prague 2, Czech Republic, Email: adr@coi.cz Website: adr.coi.cz

The Czech Trade Inspection Authority has issued the “Rules for the Procedure for the Out-of-Court Resolution of Consumer Disputes (ADR)” on the basis of Section 20x of the Consumer Disputes Act. The Rules are published on the above-mentioned website of the CTIA.

Final provisions
1. Partial deliveries are permitted.
2. If events occur which cannot be foreseen at the time of conclusion of the Contract and which cause an obstacle to the Supplier’s performance of its contractual obligations, the Supplier shall be entitled to suspend performance until the obstacle ceases to exist.
3. In all cases of circumstances excluding liability, the Supplier shall be entitled to withdraw from the Contract without the Customer being entitled to compensation.
4. If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
5. The rights and obligations of the Customer are not transferable to third parties without the written consent of the Supplier.
6. The contractual relations to which these terms and conditions relate are governed by Czech law, in particular the relevant provisions of Act No. 89/2012 Coll., as amended, all disputes will be resolved in the Czech language and in the general court of the Supplier in the Czech Republic.
7. The Supplier is entitled to modify these Terms and Conditions; the modification of the Terms and Conditions shall not affect already concluded Contracts.