Commercial Terms and Conditions for E-Shop

Mutual rights and duties of the User and the Operator, especially rights and duties arisen from the Contract of Purchase, shall be regulated by these Commercial Terms and Conditions (hereinafter referred to as the "Commercial Terms and Conditions").

1. 1 Definitions

1.1 In these Commercial Terms and Conditions

"E-shop" "E-Shop" shall mean the computer program - internet application, accessible in the Internet network through the website www.insanefrog.com, the main functionality of which is to display, choose and order the goods by the User;
""Contract of Purchase" shall mean the contract of purchase within the meaning of provisions of Sections 2079 et seq. Civil Code, concluded between the Operator, as seller, and the User, as purchaser, through the E-Shop;

"Shopping Cart" shall mean the E-Shop section generated automatically by activation of the concerned functions by the User acting in the user environment of the E-Shop, especially by adding or removing the Goods and/or changing the quantity of the chosen Goods;

"Civil Code" shall mean Act No. 89/2012 Coll., Civil Code, as amended;

""Operator" shall mean the company Insane s.r.o., ID: 04212649, having its registered office at 28/663 Radlická, postcode 150 00, Praha 5 ;

"Access Data" shall mean the unique login name and password input by the User in the database of the E-Shop at Registration;

"Registration" shall mean electronic registration of the User in the E-Shop database, by inputting at least the mandatory registration data in the user interface of the E-Shop and Access Data and by subsequent saving them in the E-Shop database;

"Consumer" shall mean an individual User (i.e. User as a human being) concluding the Contract with the Operator or acting with the Operator otherwise beyond the framework of his/her business activity or beyond the framework of performance of his/her job;

"User" shall mean a legal entity or an individual using the E-Shop;

"User´s Account" shall mean the E-Shop section created for each User by Registration (i.e. it is unique for each User) and accessed upon entering the Access Data;

""Goods" shall mean the thing offered by the Operator for sale to the User through the E-Shop and the license to use such thing as may be offered in relation to the Goods;

2. Process of Conclusion of the Contract

2.1 Through the E-Shop, the Operator offers conclusion of the Contract of Purchase to the Users. The Operator´s offer to conclude the Contract of Purchase consists in display of the button bearing the inscription "order" in the environment interface of the E-Shop.

2.2 The Operator´s offer to conclude the Contract of Purchase according to Par. 2.1 hereof is accepted unconditionally by the User´s clicking on the concerned button bearing the inscription "order". 

2.3 The Contract of Purchase is concluded by unconditional acceptance of the offer according to Par. 2.2 hereof.

2.4 The Contract is deemed concluded when the electronic information about User´s clicking on the button “order” gets through the Internet network to the server where the E-Shop is installed.

2.5 The User is obliged to fill in true and complete data in the relevant text fields in the user environment of the E-Shop, especially correct User´s e-mail address, ID data and address for deliveries. The User takes note of the fact that the Operator will reasonably regard the data input by the User as correct and complete and is not authorised to check the input data.

2.6 The Operator shall send to the User an e-mail message about conclusion of the Contract of Purchase, to the e-mail address input by the User in the relevant field in the user environment of the E-Shop.

2.7 All the Goods presented within the framework of the user environment of the E-Shop are indicative only and the Operator is not obliged to conclude the Contract regarding such Goods. Provision of Section 1732 (2) Civil Code shall not apply.

3. Contract of Purchase

3.1 By conclusion of the Contract of Purchase, the following provisions shall come into effect: 

The User buys from the Operator the Goods chosen by the User in the user environment of the E-Shop by adding them to the Shopping Cart, in the quantity chosen and/or set up by the User for the concerned Goods in the user environment of the E-Shop, and the User is obliged to pay to the Operator for the concerned Goods the price specified for such Goods in the user environment of the E-Shop.

Until the dispatch of the Goods to the User, the Operator has the right to withdraw from the Contract of Purchase, for any cause or without cause. The withdrawal from the Contract of Purchase can also include a legal act of the Operator consisting in notifying the User of the fact that the Goods ordered by the User can´t be delivered by the Operator.

The Operator has the right any time to ask the User for additional confirmation of the order and until the Operator receives from the User the confirmation of the order, the Operator has the right to hold up the dispatch of the Goods to the User.

The type of packing of the Goods is at the sole discretion of the Operator; provision of Section 2097 Civil Code is thereby ruled out.

The User is obliged to pay to the Operator for the costs of the packing and delivery of the concerned Goods to the User, specified in the relevant order in the user environment of the Portal.

The User has the right to choose the method of payment of the purchase price for the Goods and other monetary performance to the Operator, as may be the case, from the options displayed to the User in the user environment of the E-Shop.

If any of the methods of payment contains information about costs of performance of such payment, the User is obliged to cover the costs of performance of such payments, as specified for such payment in the user environment of the E-Shop

In case of cashless payment by wire transfer, the User is obliged to state the variable symbol provided by the Operator.

In case of cashless payment, the User´s obligation to pay the purchase price is met by crediting the relevant amount to the bank account of the Operator.

The Operator has the right to grant to the User a discount from the price for the Goods. Discounts from the price for the Goods can´t be combined, unless expressly stated otherwise for the concerned discount.

The purchase price for the Goods does not include any payments, fees or other remunerations the User has to expend for services provided by third parties in connection with payment of the purchase price for the Goods; such costs shall be solely covered by the User.

The Operator reserves for itself the ownership title to the Goods, constituting the object of the Contract of Purchase, until the full payment of the purchase price for the concerned Goods by the User.

The Operator is obliged to deliver the Goods to the User within a reasonable time limit after conclusion of the Contract of Purchase. All time limits for delivery of the Goods specified in the user interface of the E-Shop are indicative only.

Upon demand, the Operator shall send to the User a tax document – an invoice in electronic form, to the User´s e-mail address input with the concerned order in the user interface of the E-Shop.

If the Operator grants together with the Goods a gift to the User, the gift agreement between the User and the Operator is concluded with a subsequent condition that if withdrawal from the Contract of Purchase occurs, the concerned gift agreement becomes null and void without extra together with the Contract of Purchase and the User is obliged together with the Goods to return to the Operator the granted gift, too.

The Operator grants to the User a warranty for the Goods, provided that the warranty period is stated for the concerned Goods in the user environment of the E-Shop, for the time of the stated warranty period, while such warranty shall be applied to the Consumer only.  

Claims from defective performance can be raised by the User from the Operator at the address of the Operator´s registered office and/or place of business. The claim is deemed raised when the Operator receives the concerned Goods from the User.  

If it is stated within the framework of the user environment of the E-Shop for particular Goods that they are sold as used, then the User buying such Goods is deemed to buy them in used condition, including the stated defects that Goods may have.

A risk of loss, damage to and/or destruction of the Goods constituting the object of the Contract of Purchase shall pass to the User, if the User is the Consumer, at takeover of the concerned Goods by the User.

A risk of loss, damage and/or destruction of the Goods constituting the object of the Contract is passed to the User, if the User is not the Consumer, at handover of the concerned Goods to the first carrier. 

4. User's Account

4.1 The User has the right to open the User´s Account by Registration.

4.2 The User has the duty to enter the Access Data before accessing the User´s Account.

4.3 Identification data of the User, input at Registration, are regarded as the data entered by the User when ordering each of the Goods after logging in the User´s Account.

4.4 The User is not allowed to disclose to third parties the Access Data or provide any other access to the User´s Account. The User is obliged to take all reasonable measures to keep them secret. The User is fully responsible for unauthorised use of such access data or the User´s Account and for the damage inflicted thereby to the Operator or to third parties. In the event of loss, theft or other infringement of the right to use such passwords, the User is obliged to notify the Operator of this fact without any delay. The Operator shall provide new access data to the User within a reasonable time.

4.5 In the case of Registration of the User, the conditions of Section 1752 (1) Civil Code are met and the Operator has the right to alter these Commercial Terms and Conditions unilaterally; the alteration shall be notified by the Operator to the User through the E-Shop and/or by e-mail message sent to the User´s address input in the E-Shop database. The User has the right to refuse the alteration of the Commercial Terms and Conditions within 3 workdays of the date of logging in the User´s Account for the first time after notification of the alteration of the Commercial Terms and Conditions (if the delivery is carried out through the E-Shop) or after delivery of the e-mail message to the User´s e-mail box (if the delivery is carried out by e-mail message) and to terminate the obligation for this cause within a three-day term of notice, which the contracting parties concordantly find sufficient for procurement of similar performance from another supplier.

5. Information for the Consumer

5.1 According to Section 1829 (1) Civil Code, the Consumer has the right to withdraw from the Contract of Purchase, within fourteen (14) days of the date of takeover of the Goods. If the object of the Contract of Purchase is more than one kind of the Goods or delivery of more than one part, the countdown of such time limit shall start on the date of takeover of the last part of the Goods. Notice of withdrawal from the Contract of Purchase shall be dispatched to the Operator (as seller) within the time limit mentioned in this paragraph.

5.2 If the Consumer withdraws from the Contract of Purchase, then the Consumer is obliged to communicate, in writing, the Consumer´s bank account number for return of the purchase price for the Goods, which may be reduced if there are legal reasons justifying such reduction.

5.3 If the Consumer withdraws from the Contract of Purchase regarding the Goods returned by the Consumer to the Operator in a damaged and/or used condition, especially if the original tags (labels, stickers etc.) of the Goods are removed, the Consumer is obliged to compensate the Operator for the costs of reinstatement of the Goods to the original condition.

5.4 In the event of the Consumer´s withdrawal from the Contract of Purchase, the Operator is obliged to return to the Consumer the concerned Goods without undue delay, at the latest within 14 days of the date of notification of the Consumer´s decision to withdraw from the concerned Contract of Purchase.

5.5 If the Goods the Consumer has received under the Contract of Purchase consist of movables,   the Consumer is obliged to send them back to the Operator or to hand them over at the address of the place of business or registered office of the Operator without undue delay, at the latest within 14 days of the date of withdrawal from the concerned Contract of Purchase. The time limit is deemed met even if the movables are dispatched to the Operator at the latest on the last day of the aforementioned time limit.

5.6 The Consumer is liable against the Operator for degradation of the value of the Goods as a result of the fact that the Goods are manipulated with otherwise than as necessary for making the Consumer familiar with the nature and features of the concerned Goods and their functionalities.

5.7 The form for withdrawal from the Contract of Purchase is attached as Annex No. 1 hereto.

5.8 The Operator uses the possibility of extrajudicial settlement of complaints of consumers. In case of a complaint, Consumers may contact the competent person of the Operator free of charge through the e-mail address frog@insanefrog.com.

6. Complaint Procedure Rules

6.1 The Operator is liable against the Consumer for perfect condition of the Goods at takeover.

6.2 If the Goods has defects, the Consumer has the right to demand replacement of the Goods free of defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns a part of the Goods only, the Consumer may demand replacement of the defective part only; if this is not possible, the Consumer has the right to withdraw from the Contract of Purchase.

6.3 The Consumer has the right to demand replacement of the Goods or replacement of the defective part also if this is a case of removable defect if the Consumer can´t use the concerned Goods properly due to repeated occurrence of the defect after repair or due to multiple defects. In such a case, the Consumer has the right to withdraw from the Contract of Purchase.

6.4 If the Consumer does not withdraw from the Contract of Purchase or does not raise the claim to replacement of the Goods or to replacement of the defective part or to repair of the Goods, the Consumer may demand an adequate discount. The Consumer has the right to an adequate discount also if the Operator can´t replace the Goods or the defective part or repair the Goods, or if the Operator does not provide a remedy within a reasonable time or if the remedy would cause significant difficulties to the Consumer.

6.5 The Consumer does not have the right from a defective performance if the Consumer knew about the defect of the Goods before takeover of the Goods or it was the Consumer who caused the defect.

6.6 The Operator´s liability for defects of the Goods does not apply to normal wear and tear of the Goods and, in case of the Goods sold at a discount price, to the defect due to which the discount was granted and, in case of used Goods, to the defect corresponding to the normal wear and tear of the Goods occurred by the time of takeover by the Consumer, or if this results from the nature of the Goods.

6.7 If a warranty is granted for the Goods, the Consumer has the right to raise the claim from defective performance within the warranty period.

6.8 Upon Consumer´s demand, the Operator is obliged to provide to the Consumer the warranty certificate. If the nature of the Goods enables so, it is sufficient instead of the warranty certificate to issue to the Consumer a document of purchase of the Goods containing the same data as the warranty certificate. The warranty certificate shall contain the name and surname, business name, ID and registered office of the Operator.

6.9 If the Consumer claims removal of defects of the Goods by repair supposed to be carried out not by the Operator but by another entrepreneur designated for warranty repairs and having its registered office or place of business in the same place as the Operator´s place or in a location nearer to the Consumer, the Consumer shall raise the claim to the warranty repair from such entrepreneur.

6.10 Claims regarding the Goods, including removal of defects of the concerned Goods, shall be settled without undue delay, at the latest within 30 days of the date of assertion of the claim, unless the Operator and the Consumers agree upon a longer time limit. After lapse of such time limit, the Consumer has the same right as if this was a case of a material breach of the Contract.

6.11 Countdown of the time limit for settlement of the claim is barred, if the Operator does not receive all data necessary for settlement of the claim, until the required data are delivered.

6.12 After proper settlement of the claim, the Operator or the entity designated by the Operator shall call upon the Consumer to take the repaired Goods over.

6.13 The right to assert claims for defects of the Goods shall lapse in the event of unprofessional assembly or unprofessional putting the Goods into operation or unprofessional manipulation with the Goods, especially if the Goods are used in conditions not meeting the parameters specified in the documentation related to the Goods.

7. Personal data

The User hereby agrees within the meaning of Section 5 (2) Act No. 101/2000 Coll., on personal data protection, as amended (hereinafter referred to as the “Act“) to collection, storage and processing of personal data provided by the User to the data controller, which is the Operator. The User furthermore agrees that the personal data can be processed and used :
by the controller;
by any employee of the controller;
by any contractual partner of the controller;
This consent of the User is given for a definite period of time, namely for 20 years.
The Operator, as controller, defines the purpose of the personal data processing as follows:
sending commercial offers of the controller;
marketing purposes;
provision of personal data to third parties;
addition of personal data to databases;
provision of access to personal data to third parties;
The User declares to be aware to have the rights according to Sections 12 and 21 of the Act and represents that all data are accurate and correct and are provided voluntarily.
The Operators declares that it will collect personal data within the scope necessary for fulfilment of the aforementioned purpose and that it will process them only in   compliance with the purpose for which they have been collected.
The Operator declares that it will process the personal data as follows:
automatically through computers and computer programmes;
in written form;
This consent if a free and conscious expression of the will of the User as a data subject, the contents of which is the consent of the data subject to personal data processing.

8. Cookies

In compliance with Section 89 (3) Act No. 127/2005 Coll., on electronic communications, as amended, the Operator hereby informs the User that is processes cookies files of the User, including permanent cookies files and the User hereby agrees thereto.
The consent according to the previous paragraph is given for 10 years.
The Operator processes cookies files of the User for personalisation of the content and advertisements, provision of functions of social media and analysis of visits. The information about how the E-Shop is used by the User is shared by the Operator with the Operator´s partners operating in the area of social media, advertising and analyses.

9. Use of the E-Shop

9.1 The Operator hereby grants to the User a non-exclusive license to use the E-Shop in a way envisaged by these Commercial Terms and Conditions.

9.2 The Operator has the right to change the E-Shop, i.e. its technical solution and/or user interface.

9.3 The Operator has the right to restrict or interrupt the functionality of the E-Shop or access thereto for a time necessarily needed for the reason of maintenance or repair of the E-Shop or for another cause on the part of the Operator or a third party.

9.4 Using the E-Shop, the User is obliged to adhere to valid and effective legal regulations of the Czech Republic and the European Communities. Any damage that may be caused to the Operator or third parties in this connection shall be fully compensated for by the User.

9.5 In the event of breach of these Commercial Terms and Conditions or the Contract of Purchase or valid and effective legal regulations, the Operator has the right to cancel the User´s Account.

10. Representations of the Operator

10.1 The Operator represents that the records of the data in the E-Shop and in the electronic system are reliable and are made systematically and consecutively and are protected from changes.

10.2 As a result of a technical error in the E-Shop, the purchase price for the Goods may be displayed at a level absolutely not corresponding to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the concerned Goods at the displayed purchase price, the Operator shall contact the User to tell the User the actual purchase price and the User has the right to decide whether to accept the Goods at the actual purchase price and if this is not the case, the Contract of Purchase becomes null and void.

10.3 The User takes note of the fact that the photo next to the Goods in the E-Shop may be just indicative or may appear distorting as a result of its conversion into an image in the technical device of the User, so the User is always obliged to read the whole description of the concerned Goods through and, if there is anything unclear, to contact the Operator.

10.4 Operator´s contact data for communication with the User are specified in the user interface of the E-Shop in the Contact section.

11. Collection of used electric appliances

11.1 With respect to the duty of the Operator set forth in Section 38 Act No. 185/2001 Coll., on wastes and on amendment of some other Acts, as amended, the Operator hereby informs the User that the User can leave its used electric appliances, free of charge, at the address Radlická 28/663, 150 00 Praha 5 to be disposed of by the Operator.

12. Governing Law

12.1 These Commercial Terms and Conditions as well as the Contracts of Purchase shall be governed by the laws of the Czech Republic, especially by the Civil Code.

13. Effectiveness

13.1 These Commercial Terms and Conditions come into effect on 1st June 2020