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Terms and Conditions

  1. Introductory provisions
    1. These Terms of Use regulate the mutual rights and obligations between the business company OUTFINDO, s.r.o., with its registered office at Korunní 810/104, Prague 10 (hereinafter referred to as the "Provider") and other persons, users of the Outfindo service (hereinafter referred to as the "User"), arising from contracts for the provision of services (hereinafter referred to as the "Service Contract") concluded through the Provider's website located at the Internet address outfindo.com (hereinafter referred to as the "Website"). They also govern the rights and obligations in the use of the Outfindo service, the Website and other related legal relationships.
    2. The wording of the terms of use may be changed or supplemented by the provider. Changes take effect upon publication on the Website.
    3. OUTFINDO is not an online shop and is not responsible for the accuracy of the information provided by partners, including prices, descriptions, sizes, availability or accuracy of photographs. Before making any purchase, we recommend that you check the details on the store page to which you are redirected from OUTFINDO. All products offered are subject to terms and conditions set by third parties and OUTFINDO is not responsible for them.
  2. Contents of the Contract
    1. These Terms govern your access to and use of the OUTFINDO Services and constitute a legal agreement between you and OUTFINDO. By accessing OUTFINDO and otherwise using the Services, you acknowledge that you have read, understood and agree to these Terms.
  3. Terms of Service
    1. The provider is entitled to refuse to provide the service if the service is hindered by obstacles on the part of the user or other persons. In particular, the provision of the service may be restricted in the event of power failures, data network failures, other failures caused by third parties or force majeure.
    2. Service provision may be subject to interruptions, temporary limitations, interruptions or reductions in service quality.
  4. Use of the service
    1. Access to the service is intended exclusively for users. The user is not entitled to allow third parties to use the service without the prior written consent of the provider.
    2. The User may not use mechanisms, tools, software or procedures within the Service that have or could have a negative impact on the operation of the Provider's equipment, the security of the Internet or other Internet users.
    3. The User shall not take any action to disable or restrict the operation of the Provider's server on which the Service is operated, or otherwise attack the Provider's server, or assist a third party in such action. In particular, the user must not burden the provider's server on which the service is operated with automated requests.
    4. The Service is not a sale of goods or the brokering of goods, and the Service Provider is not responsible for the actions of third parties in the sale of goods or brokering of the sale of goods between the User and the seller of goods recommended or displayed to the User by the Outfindo Service.
  5. Other rights and obligations of the parties
    1. The User acknowledges that the computer programs comprising the Website are protected by copyright. The User undertakes not to carry out any activity that could allow him or third parties to interfere with or use the computer programs in which the Provider is the owner or user.
    2. The provider is not bound by any codes of conduct in relation to the user within the meaning of Section 53a(1) of the Civil Code.
  6. Data protection and sending commercial communications
    1. The lawful basis for processing your personal data is that such processing is necessary for the performance of a contract between you and the controller or for the performance of a measure by the controller prior to the conclusion of such a contract within the meaning of Article 6(1)(a)(i) of the GDPR. b) 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) (the "Regulation").6.2.
    2. There is no automatic individual decision-making by the controller within the meaning of Article 22 of the Regulation.
    3. The user has the possibility to give unconditional consent to the sending of information and commercial communications by the provider related to the services to the user's address. At the same time, he/she has the possibility to withdraw this consent at any time.
    4. Detailed information about the Personal Data Processing Policy and the Cookie Policy can be found on the relevant pages, which are an integral part of the Terms of Use.
  7. Use of the website
    1. The user or any other person using OUTFINDO's website and applications acknowledges that he/she is not authorised to use the texts, graphic works or other copyrighted items on the website without the prior written consent of the provider.
    2. The User agrees to place on the Website only content of which he/she is the author or whose author has given the User consent to make it available through the Website. The User declares that the placement and accessibility of such content will not infringe the copyright of third parties or other rights and will not violate generally binding legal regulations
    3. The Provider shall not be liable for the activities of the Users to the extent specified in Section 5 of Act No. 480/2004 Coll. on Certain Information Society Services, as amended, and in accordance with this provision
    4. The user is not entitled to use mechanisms, software or other procedures that have or could have a negative impact on the operation of the website or server when using the website (server) of the provider.

General Terms and Conditions of Outfindo.com for Partners

  1. Definition
    1. These General Terms and Conditions of Outfindo.com for Partners (hereinafter referred to as "GTC") are the detailed terms and conditions governing the rights and obligations of the Operator and the Partner under the cooperation agreement concluded between the Operator and the Partner (hereinafter referred to as "Agreement").
    2. The provisions of the Contract shall prevail over these GTC in cases where the provisions of the GTC conflict with the provisions of the Contract. In other cases, the GTC constitute additional terms and conditions which the Parties are obliged to follow. The terms and conditions set out in the Contract and the GTC shall be interpreted as mutually complementary. The interpretation of the Contract and the GTCs shall always be made in such a way that the interpretation of the Contract which is consistent with these GTCs shall prevail (to the maximum extent possible, the Contract shall not be interpreted in such a way as to render certain provisions of the GTCs inapplicable).
    3. For the purposes of the Agreement and the GTC, the following terms shall have the following meanings:
      1. "Offer" means a summary of the characteristics of an individual Good and the price at which the Partner is willing to sell the Goods.
      2. "Visitor" means a person (internet user) who directly or indirectly (i.e. through another person, e.g. a partner for his/her partner, etc.) uses the System to search for Goods (e.g. a bicycle) and their seller in order to purchase Goods;
      3. Operator and Partner;
      4. "Transaction" means a contract for the purchase of Goods which is the result of the Operator's activities under this Agreement;
      5. "List" means the list of Offers (Goods) current as of each and every moment of the Contract, which the Partner is obliged to provide to the Operator pursuant to Article 2.2 of these GTC;
      6. "Agreement" means the business cooperation agreement concluded between the Partner and the Operator;
      7. "System" means the set of computer program, algorithms and other software elements accessible from the website www.outfindo.cz, the description of which is set out in this Agreement and its Annexes, and the operation of which is used by the Operator to provide the Partner with activities aimed at concluding transactions;
      8. "Goods" means each individual Goods the sale of which is facilitated by the Operator through the System;
  2. Partner's rights and obligations
    1. The rights and obligations of the Parties under the Agreement shall be governed by the provisions of the Civil Code on non-exclusive commercial representation, unless otherwise expressly agreed in writing between the Parties.
    2. The Partner is obliged to procure and provide the Operator with the data necessary for the performance of the Operator's obligations under this Agreement and to provide the Operator with the necessary documentation relating to the subject matter of the transactions within the meaning of Sections 2495 and 2496 of the Civil Code. For this purpose, the Partner is obliged to provide the Operator with an up-to-date list of all Goods to be offered by the Operator through the System, together with the relevant characteristics of each individual Good, at least once a day, in electronic format xml, csv, xls, xlsx (or in another format agreed between the Partner and the Operator), according to the template set out in Annex 1 to these GTC or according to the template agreed individually between the Partner and the Operator. If the Parties so agree (in particular if the Partner does not have an automated warehouse system or the necessary software equipment enabling daily stock updates), the time limit referred to in the previous sentence shall be changed to once a week. The Partner is obliged to provide the Operator with information only on valid Offers, i.e. in particular, the Partner shall not provide information on Offers that are no longer available and cannot be guaranteed for sale to Visitors.
    3. The data according to Article 2.2 of these GTC will be transmitted on the agreed cloud storage or the Partner's storage accessible from the Operator via the web interface. For this purpose, the Partner is obliged to provide the Operator with the necessary cooperation (e.g. to provide the Partner with the parameters of the web interface, login data, etc.). Exceptionally and only by prior agreement, data may be sent by e-mail to the Operator's address
    4. The Partner is obliged to respond immediately to any queries from the Operator regarding the Goods during opening hours and to resolve conflict situations (e.g. the Operator does not have certain Goods on the premises, the Operator is not available at the given time, the Visitor cancels his/her visit, etc.). The telephone (including SMS) and e-mail contacts of the Parties will be used for this purpose.
    5. The Partner is responsible for the content of the Offers and information about them. The Partner acknowledges that the Operator is not responsible for the content of the Offers made available to it by the Partner. The Operator is not obliged to and will not make any substantive review of the information received from the Partner. Such information will be processed by machine. If any third party claims (including intellectual property rights claims) are made against the Operator in connection with the content of the Offers, the Partner undertakes to indemnify the Operator without delay and to compensate the Operator for any damage caused by such third party claim. Information about the Offers and any information published on the System based on information provided by the Partner shall not be contrary to law, good morals or infringe any third party rights (including intellectual property rights).
    6. The Partner is obliged to inform the Operator without undue delay whether the Partner has accepted or rejected the business procured by the Operator, or whether the Visitor or the Partner has not fulfilled it.
    7. In the event that the text of the Offer or the image material supplied by the Partner is in the nature of a copyright work or other subject of intellectual property rights, the Partner is responsible for the fact that the Operator will be entitled to publish them on its website and in advertising materials used to promote the Operator's website. For the eventual use of the copyright work contained in the Offer, the Partner hereby grants the Operator a license to use such copyright work free of charge according to this Agreement without time and territorial limitation for the purposes of cooperation of the parties to this Agreement. The Partner shall indemnify the Operator against any costs incurred by the Operator as a result of a third party asserting intellectual property rights against the Operator in respect of any images, data or other expressions published on the System based on information and data received from the Partner.
    8. The Partner is obliged to resolve with the Operator without undue delay (i.e. explain to the Partner any discrepancies or prove the accuracy of the information submitted by the Partner) any discrepancies in the sales report and in the data communicated to the Operator pursuant to Article 5.3 of the GTC and the amount of the commission paid to the Operator.
  3. Rights and obligations of the Operator
    1. The Partner expressly acknowledges that the Operator is not obliged to comply with the provisions of Section 2489 (2) of the Civil Code.
    2. The Operator is not entitled to conclude transactions on behalf of the Partner.
    3. The Partner agrees that the Operator is entitled to disclose to third parties the data that the Operator has obtained from the Partner and may use such data for its own benefit or for the benefit of third parties. This includes in particular data about the Goods sold by the Partner and their prices.
    4. The Operator is not obliged to present and offer all types of Goods offered by the Partner in the System. The Operator is entitled to unilaterally choose which Goods to offer on the System.
  4. Commissions and payment terms
    1. The Affiliate agrees to pay the Operator a commission in the amount set out in Article 2 of the Agreement. It is understood that the Goods sold by the Partner to the Visitor as a result of the Operator's activities under this Agreement, in relation to which the Partner is obliged to pay the Operator a commission, shall be understood to mean in particular:
      1. Goods sold to (a) a person who searched for Goods on the System, (b) family members of a person referred to in (a) above or (c) persons living in the same household as a person referred to in (a) above, provided that
      2. the System has offered to the person referred to in (i) above (a) Goods sold by the Partner as eligible for purchase or (b) directly communicated the Partner's identification details to such person.
    2. The Goods in respect of which commission is payable include both the Goods offered by the Operator through the System and any other Goods purchased by the person referred to in (i) above from the Partner. In fact, such person is deemed to have come within the sphere (scope) of the Partner by virtue of the Operator's activity and the Operator's activity has thus enabled the conclusion of a contract for the purchase of the Operator's Goods.
  5. E-shop and test drives
    1. E-shop. If the Visitor is interested in the Goods, the Visitor has the option to fill in their contact details, delivery method and payment preferences via the order form at www.outfindo.com. The Visitor's details are then transcribed into the order form on the Partner's E-shop (typically with a note about the purchase via Outfindo and a url link containing utm_source=outfindo). Upon receipt of the order, Partner will process the order directly with the Visitor according to its processes.
    2. Test Drive ("Testride"). If the Visitor is interested in trying out the Goods, the Operator will provide the Partner (typically by email) with information about the requested Testride (typically information about (a) a specific Visitor, (b) a specific date, (c) a specific Goods). The Partner shall confirm by email or other agreed form the availability of the specific Goods on the specified date and shall reserve the Goods at the Partner's premises for the Testride. If the Partner does not have the specific Goods at the premises or does not have time to attend to the Visitor on the specified date, the Partner shall notify the Operator by e-mail or other agreed form. Depending on the circumstances, the Parties may agree on a new date or a different Offer. In such a case, the Parties are obliged to provide each other with assistance either by finding other similar Goods or another date. The Operator is currently developing an automated interface to deal with such circumstances.
    3. General Provisions. Prior to the scheduled date of the Visitor's Testride or other visit to the Partner's premises arranged by the Operator, the Operator shall send a reminder to the Partner by e-mail. The Partner is obliged to notify the Operator without undue delay after the scheduled (i) check-in of the order according to Art. 5.1 of the GTC, (ii) execution of the Testride according to Art. 2 of the GTC or (iii) the Visitor's visit to the Partner's premises, the relevant data on the result thereof, namely (a) whether or not the order has been cleared or whether or not the Testride or visit has taken place (with, if applicable, the reason, why not), (b) an indication of whether or not the Visitor purchased the Goods with an accurate indication of the specific Goods and their price, and (c) the reason why the Visitor did not purchase the Goods, if such reason is known to the Operator.
  6. Other arrangements
    1. The Parties are entitled to terminate the Contract without giving any reason in writing or by email to the addresses specified in the header of the Contract. The period of notice shall be one month and shall commence on the first day of the calendar month immediately following the calendar month in which the notice of termination is delivered to the other Party.
    2. The Operator is entitled to use for the operation of the System and to present to third parties all data and facts about the individual Goods that are communicated to it by the Partner. However, the Operator is not entitled to disclose to third parties aggregate data on the Partner's business activities, i.e. e.g. the Partner's turnover achieved through the Operator, the total amount of the Partner's stock, etc. The Partner is obliged to tell the Operator what information the Partner considers confidential and what information the Operator is not entitled to disclose to third parties. The obligation of confidentiality under this article shall continue after the termination of the Agreement.
    3. The obligation of confidentiality shall not apply (i) to information that is publicly known, (ii) to information disclosed in accordance with the requirements of applicable law or a decision of a competent governmental authority, (iii) to information disclosed with the prior written consent of the other Party, or (iv) to information provided to the Operator's legal or other professional advisors who shall be bound by a similar obligation of confidentiality as the Operator (the Operator shall be liable to the Partner for any breach of confidentiality by such persons).
    4. The Partner is obliged to keep confidential the amount of commissions agreed in the Agreement or paid by the Partner to the Operator on the basis of the Agreement.
    5. Each Party undertakes to pay to the other Party a contractual penalty of CZK 10,000 for each breach of the confidentiality obligation under this Article.
    6. The conclusion of the Contract for an indefinite period of time shall not affect the rights and obligations of the Parties, which this Contract provides for to continue to apply after its termination; in this context, the Parties waive in advance their right to request the cancellation of the obligations corresponding to these rights and obligations after the expiry of ten years, in accordance with Section 2000(2) of the Civil Code.
    7. If the Euro currency is introduced in the Czech Republic during the term of this Agreement, all amounts in Czech crowns referred to in this Agreement shall be converted into Euro according to a conversion factor established by a generally binding legal regulation.
    8. The Partner is not entitled to assign the rights and obligations under the Agreement or any part thereof to a third party without the prior written consent of the Operator. The Operator is entitled to assign the rights and obligations under this Agreement to third parties without limitation, even without the Partner's consent.
    9. Each Party assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
    10. The Partner expressly declares that it is an entrepreneur who has entered into the Contract in the course of its business and therefore cannot claim the cancellation of this Contract under Section 1793 of the Civil Code (undue hardship) or the invalidity of the Contract under Section 1796 of the Civil Code (usury). In this context, the parties expressly exclude the application of the provisions of Sections 1799 and 1800 of the Civil Code (clauses in contracts concluded by adhesion).
    11. The Contract and the GTC contain a complete statement of the subject matter of this Contract and of all the particulars which the Parties had and intended to stipulate in the Contract and which they consider important for the binding nature of this Contract. No expression of intent of a Party made in the negotiation of the Contract or after its execution shall be construed contrary to the express provisions of the Contract and these GTC and shall create any obligation on either Party. The Parties do not wish, within the meaning of Section 558(2) of the Civil Code, to give preference in the interpretation of the individual provisions of the Contract, including the GTC, over the dispositive provisions of the law to commercial practices generally or in the industry relating to the subject matter of this Contract, or to past or future practices established between the Parties. Furthermore, the Parties expressly exclude the application of Section 557 of the Civil Code (interpretation of a term to the detriment of the first party to use it) for the interpretation of the Contract including the GTC.
    12. Each Party declares that it has fulfilled the pre-contractual information obligation within the meaning of Section 1728 of the Civil Code prior to the conclusion of the Contract and has no claims against the other Party in this respect.
    13. In the event that any provision of the Contract is or becomes or is found to be invalid, ineffective or unenforceable, the validity, effectiveness or enforceability of the remaining provisions of the Contract shall not be affected. The Parties agree to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision which shall, to the fullest extent permitted by law, have the same meaning and effect as was intended by the provision to be replaced. In the event that any provision of the Contract is found to be illusory (void), the Parties undertake to clarify the content of such illusory provision after the fact to remedy the defect.
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