Conditions for customer zone using and making a contract on distance in the ANTIK Telecom CZ LTD.
Clause I
Introductory enactments
1.1. These conditions (further only conditions), issued by the limited company ANTIK, concerning customer zone using and making a contract on distance in the ANTIK Telecom CZ LTD., modify rights and duties of ANTIK and customers in connection with remote using of the customer zone and making a contract via portal www.moje.antiktv.cz.
1.2. The limited company ANTIK CZ, CRN: 248 23 341, is a business company seated at Tovární 1112, Chrudim IV, 537 01 Chrudim, recorded in the Hradec Králové district court’s company register in the LTD. department, item number 34339, e-mail: antiktv@antiktv.cz /further only „ANTIK“/.
1.3. Under the term customer is understood a prospective client interested in making a contract about distance provisioning of electronic communication services and appendix to such contract, or a person, who has already made a contract about provisioning of electronic communication services with ANTIK.
1.4. Contract about provisioning of the electronic communication services means a contract signed between ANTIK and a customer that clearly include general contractual conditions and price list and eventually also other documents mentioned in the contract or appendix to such contract /further only „contract“/.
1.5. To make a contract remotely means concluding a contract or its appendix between ANTIK and customer without actual physical presence, but via web portal www.moje.antiktv.cz.
1.6. Portal www.moje.antiktv.cz (further just „portal“) is a web homepage of ANTIK, through which a customer can use the customer zone and make a contract or appendix to it with ANTIK on distance without actual physical presence.
Paragraph II
General conditions for using of the customer zone
2.1. After inserting authorization data, the customer zone enables a client to have an access to his account, mainly to his identification and personal data recorded by ANTIK, information about ordered and provided services and devices, electronic version of the issued invoices and information about reimbursements for the provided services. A client can edit and manage data recorded on his customer account in the selected cases.
2.2. An existing customer will gain an access to his account after inserting his authorization data given in the contract. If these authorization data are not mentioned in the contract, ANTIK customer center or customer line via phone will provide these data to the customer after verification of his identity. A person interested in making a contract will have an access to the customer zone after filling up the electronic registration web form; paragraph III of these Conditions also applies to clientʾs duties in the registration context. After the initial registration, customer is signing in the customer zone with his authorization data. Customer is authorized to access to customer zone from two devices concurrently. In the case of permitted limit overloading of accesses ANTIK is authorized to limit this access.
2.3. Customer is obliged to keep all the authorization data that had been given to him by ANTIK (passwords, access passwords etc.) confidential and to protect them from their loss, abstraction, misusage or declassifaction to strangers. The customer is obliged to ask ANTIK in a written form to change the assigned data and pay ANTIK for this change according to the valid Tariff, immediately after detection of loss, abstraction, and misusage, suspicion of misusage or declassification of the assigned authorization data to the strangers. The customer is obliged to inform ANTIK immediately, if there is a suspicion that any authorization data had been declassified to the strangers, and to ask it to change the data or to block temporary access to customer zone. ANTIK is committed to grand this customer's suit without any needless delay.
2.4. The customer is responsible for any acts executed on the portal via authorization data and is committed to pay the provider back for services provided on the basis of these data. ANTIK does not take responsibility for an unauthorized access into the customer account. At the same time, customer is obliged to reimburse to ANTIK any damage made on the basis of misusing of the assigned authorization data or customer’s account. When misusage or unjustified accessing of data caused financial or non-financial damage to the strangers, customer is obliged to pay a harm in full extent, ANTIK is not responsible for the caused damage.
2.5. ANTIK is entitled to change customer authorization data at any time also without his consent. ANTIK is also entitled to change, halt or interrupt customer’s access to his account at any time without previous warning.
2.6. Any petitions or announcements of the customer addressed to ANTIK via customer zone, where customer expresses his dissatisfaction with the provided services, in other words, with payments settlement or delivered goods, are not considered as claim. Customer is entitled to file a complaint regarding fault of the service/goods or correctness of the settlement only in line with contract, General contractual conditions and Return policy.
Paragraph III
The services and goods order
3.1. Order means an expression of customer’s will via electronic form at the webpage www.moje.antiktv.cz, which results in an intention of the customer to order ANTIK services, or eventually also goods online offered by ANTIK, under the conditions that are specified in more details in a contract, customer intends to make with ANTIK.
3.2. Service means a render type offered by ANTIK within its business activity according to an up-to-date offer published on-line.
3.3. Goods mean a device offered by ANTIK on sale/for rent within its business activity according to an up-to-date offer published on-line, mainly an end instrument enabling to make use of the services provided by ANTIK.
3.4. Only a full-aged natural person or a legal person, on behalf of whom a full-aged natural person acts, is entitled to carry out the order validly.
3.5. If the order is a proposal for contract signing, the customer is obliged to truly, completely and precisely mention all the obligatory data, including his name, surname, date of birth, permanent address, delivery address if different from permanent address and email address; and to confirm acceding to the contractual terms according to the agreement, General contractual conditions and Tariff (via clicking on a field). At the same time, in the order a customer gives ANTIK consent to process the provided personal data (via clicking on a field) and confirms the registration after checking all the data. When ordering the service/goods, the customer picks the required service/goods, service-/ goods delivery activation date and payments invoicing means. By sending a filled in form is customer confirming that before signing a contract he had an opportunity to familiarize himself thoroughly with contractual conditions, rights and obligations, he is committing himself to fulfil by signing a contract.
3.6. Customer is responsible to ANTIK for any harm caused by mentioning false, incomplete or imprecise data mentioned in the order (electronic registration form).
3.7. Customer’s order is a proposal for signing a contract. The order is becoming binding for ANTIK only after its confirmation towards customer.
3.8. ANTIK is entitled to verify the order's execution at the customer's email address or phone number mentioned in the registration form. If the order is not confirmed by a customer in this vein, ANTIK is entitled to deny the order. If ANTIK has doubts upon rightness, completeness or exactness of data mentioned by a customer in a filled order form or client's identity, the customer is obliged to bring forward his identification documents (ID card, original of the companies register extract, trade register) at request of ANTIK. It is authorized to copy all these documents and to archive their copies; and in justified cases, also entitled to condition provisioning of the concrete type of service/goods by presenting other documents, mainly those that prove solvency of the customer regarding the contractual obligations.
3.9. ANTIK has a right to restrict possibility of the customer to order goods online by determinating the goods type or maximum quantity customer is entitled to order.
3.10. Distance contract is considered to be made after ANTIK sends order acceptation and confirmed contractual documents (Contract, VZP, and Tariff) to the customer email mentioned in the order or registration form. At this point is this contract also entering into force if there is no other agreement. After incorporating authorization data are Contractual documents are available to customer in the customer zone all along the contractual relationship with ANTIK.
3.11. The ordered service will be activated to the customer within the time given in the contract. The ordered goods will be supplied to customer to place of delivery, mentioned in the contract, in up to seven working days since the order acceptation, if there is no other agreement. Customer bears costs connected with supply of goods.
3.12. After activation of service/ supply of goods the customer is obliged to verify their functionality immediately and if there is any defect of the provided service/goods, service inaccessibility, technical problem or dissatisfaction with functioning of the service, customer has to announce it to ANTIK in writing or by fax five days since activation of the service/ supply of goods at the very latest. If such announcement is not delivered to ANTIK until 24:00 of the fifth day since activation of the service/goods supply, the service/goods are considered as tested, fully operational and meeting the customer's requirements as from activation day of the service/ supply of goods. If ANTIK, within the given period, receives a written customer's announcement about mal-functionality or faultiness of the service/goods, it guarantees an immediate verification of the service/goods functionality and the following cure of the defect. If ANTIK finds out after such verification that service/goods is functional, the customer has no right to be repaid for the provided service/supply of goods.
3.13. The customer is obliged to carry out complaints of the services/goods provided to the customer on the basis of distance signed contract in accordance with General contractual conditions and return policy that form an inseparable part of the contract, depending on the concrete service/goods type. In the field arranged by the Coll. on electronic communications, customer is entitled to present a dispute with ANTIK to Czech Telecommunication Office, if after complaint procedure he does not agree with the result of complaint or the way it was dealt with, in order to reach a voluntary settlement. If supply of the goods is a subject-matter of a contract and customer is a natural person, who does not use the goods for job purposes, business activity, the customer as a buyer is entitled to:
• Have the eventual defect freely, duly and properly cured. The seller is obliged to eliminate the defect without delay. Customer can demand a barter transaction instead of curing the defect, or exchange of parts if defect concerns only part of the goods, if the seller does not bear undue costs in regard to goods price or gravity of defect. Instead of curing the defect, the seller can exchange the faulty goods for flawless one.
• If it is a defect that cannot be cured and it presents an obstacle for proper utilization of the goods, the customer is entitled to exchange the goods or he is entitled to rescind the contract. As far as the curable defects are concerned, customer possesses the same rights, but only as long as the customer could not use the goods properly because defects have happened numerous times after repairing or a larger number of defects. The customer is entitled to an appropriate discount from the goods price as far as incurable defects are concerned.
3.14. Signed contract could changed on distance in a similar vein as these Conditions for making a contract on distance or upon agreement of the contractual parties set- in writing, unless, according to the contract or VZP there is another way, one-sided change of VZP or ANTIK's Tariff in the first place. It is possible to terminate the contract only in writing and in line with a contract and General contractual conditions.
Paragraph IV
Reimbursements
4.1. The height of payback for the individual types of services and goods is set in an up-to-date provider's Tariff. Basic data about the height of the payback, mainly about activation fee for service installation, regular payments for services provisioning and about goods price, are mentioned in the services/goods offer in the customer zone. Prices mentioned in the Tariff are valid since change of Tariff enters into force, or in other words, since new Tariff issued by ANTIK enters into force.
4.2. The customer is obliged to pay ANTIK for the ordered services/goods in the amount and way mentioned in the contract, General contractual conditions for a concrete service type and up-to-date Tariff. Before customer’s confirmation of the order, the customer will be informed comprehensibly about a total price for the ordered service/goods, including the expenses for transportation, supply of the goods and about possible payment methods. If from the general contractual conditions concerning the concrete type picked by a customer, follows that activation, eventually also other provisioning of services, is conditioned by customer’s reimbursing of the advance payment to ANTIK in an amount and the way according to Tariff before contract enters into force; activation and provisioning of the service are conditioned by reimbursement of the advance payment and provisioning of the service is limited only to duration of the advance payment period for the given service type; service will be provided to customer after reimbursement of the advance payment and under conditions in the contract and General contractual conditions. In that case, as far as the paid service type is concerned, customer is obliged to reimburse all the advance payments in heights and methods set in an up-to-date Tariff and he cannot make use of services in other extent than the extent of selected services, for which they had paid an advance payment. Customer is entitled not to prolong the prepaid period for the selected services by not paying the further advance payment without any contractual sanctions if the General contractual conditions literally allows it in such cases. If the customer in such cases does not reimburse the advance payment until 24:00 of the last days within the prepaid period for the selected service type, there is a change of contract leading to immediate interruption of the service provision, for which has not been reimbursed the advance payment. In case of sanctioned interruption of the services provision, the customer is not entitled to be recompensed with advance payment nor prolongation of the prepaid period with interrupted period of the service provision. Customer does not have a right to be refunded with an advanced payment neither if he does not use the service, if the contract is terminated by rescinding it from the ANTIK side because of customer’s breaching contractual conditions, if customer rescinds the contract and notice period elapses before prepaid period, nor in other cases arranged in a contract and General contractual conditions. If customer, who is a natural person and does not act within his business or other commercial activity while making and meeting subjectmatter of the contract, rescinds the contract about service provision in up to 14 days since signing a contract, he is entitled to be refunded with an aliquot part of the advance payment since the day announcement about rescinding the contract had been delivered, but only as long as the whole service has not been provided already.
4.3. ANTIK is not responsible to the customer for not installation or late installation of the service/supply of the goods if the payment is not identified due to not meeting the reimbursement means to customer, mainly because of wrongly mentioned or illegible payment variable or specific symbol. Remuneration is considered to be reimbursed only after crediting and identification ANTIKʾs bank account with a payment.
4.4. The customer gives ANTIK an explicit approval to present invoices in an electronic form (further also electronic invoice). Customer is aware and agrees with the fact that electronic invoice is a full-fledged substitution of the written invoice and that it will be presented to customer only in an electronic form and the written invoice will not be send to customer, if there is no other agreement. Electronic invoice is a tax document. ANTIK will deliver the electronic invoice to customer email address mentioned in the order. Electronic invoice is considered to be delivered and it’s content to be announced to a customer once when ANTIK sends electronic invoice to his email address. The customer is obliged to announce the provider beforehand in a written form any change that could have influence upon delivery of the electronic invoices, mainly email address change, according to these conditions. Taking into account that electronic invoice contains data that are forming a telecommunication secret, customer is obliged to keep this telecommunication secret and protect it from unauthorized accessing. The provider takes no responsibility for breaching the telecommunication secret as a consequence of data leakage from the customer’s email address or application used by a customer.
4.5. The customer is not entitled to be refunded due to not using the service. The contractual parties agreed that the customer is not entitled to be refunded either in case of contract discharge by rescinding the contract from the ANTIK side due to breaching of the contractual conditions by a customer. Single-shot payments are nonreversible in case of contract discharging.
4.6. The abovementioned provisions do not touch upon an obligation of the customer to pay all other invoices to ANTIK issued in terms of its further negotiations and contractual relationships with ANTIK.
Paragraph V
Contract rescission
5.1. If customer makes a distance contract with ANTIK, he is entitled to rescind the contract in up to 14 days since its signing without stating a reason and without sanctions and if supply of the goods is a subject-matter of the contract in up to 14 days since the goods had been taken over. If only the contract appendix has been made on distance, customer is entitled to rescind only this appendix in a way mentioned in the previous sentence. According to this contractʾs paragraph, entitlement to rescind applies only to a customer, who is a natural person and service/goods do not serve him for his job, commercial or business activity.
5.2. Hereby the customer gives an explicit consent with start of the service provisioning before elapsing the withdrawal period in line with 5.1., for the case, when service provisioning on the basis of contract should start before elapsing the withdrawal period according to point 5.1. The customer also claims that ANTIK has informed him properly that after granting this consent, he is losing a right to rescind the contract after full provisioning of the service. If, in such case, customer rescinds the treaty before start of the service provisioning, he is obliged to reimburse ANTIK a price for the actual provided fulfillment till the announcement about rescinding the treaty is delivered.
5.3. Rescission of contract has to be in writing. An exemplary form of the correct contract rescission could be found in the customer zone next to other contractual documents and it will be delivered to his email address together with order acceptation and contractual documents.
5.4. Since the day of proper contract/appendix rescission delivery is the contract/appendix being terminated from the very beginning and both customer and ANTIK are obliged to return to each other everything they had received in accordance with the terminated contract.
5.5. Rescission of contract does not influence the customerʾs obligation to pay ANTIK back for services and fulfillments that had been provided to him by ANTIK till the rescission.
5.6. Rescission is considered as invalid if it had not been carried out in accordance with 5.1 up to 5.5. of these Conditions.
5.7. If the customer orders via making a distance contract from ANTIK also goods, he is obliged to return it back to ANTIK within 14 days since rescission of contract in an original package, undamaged, fully operational and complete, in other words including letter of guarantee, manual, accessories and all parts of the goods when it comes to contract rescission. Otherwise, he is obliged to pay a contractual fine to ANTIK in an amount of device's selling price implicit from the contract or valid tariff. Customer bears also costs for return of the goods to ANTIK or to a person entrusted by ANTIK to take the goods. Customer bears costs for return of the goods that could not be returned by post owing to its nature as well.
Paragraph VI
Final enactments
6.1. The contract is being signed for a definite period of time, if contract made on distance does not state otherwise in a particular case. Contract and General contractual conditions modify possibilities to terminate the treaty.
6.2. According to EU Act No. 2016/679 Coll. on personal data protection, the customer grants ANTIK a consent to use and process his personal data that have been given to ANTIK during registration and ordering of the services/goods online on www.moje.antiktv.cz in an extent implicit from the electronic registration form and order, mainly name, surname, title, date of birth, permanent address, delivery address, email address and customer's phone number. It is done so in order to provide a customer with access to his account, its utilization as well as provision of the services/goods to the customer. Extent and conditions of the consent follow from the contract and General contractual conditions. ANTIK is entitled to process the customer personal data during operation of a contract, after its termination until final settlement of all the commitments between ANTIK and customer and also during fulfilling the lawful obligations of ANTIK according to particular lawful regulations (archivation etc.). At the same time, customer gives consent with processing of his personal data for marketing purposes, in other words, for offering of the ANTIK- or its business partners products and services, including shipping of information about budget-priced offers, products and other activities as well as shipping commercial announcements electronically, with indeterminate duration. Customer is aware of the fact that he can revoke this consent in writing at any time. ANTIK is entitled to create and archive records of communication with customers (mainly emails, records about personal customer visits etc.) and to use such records for assessment and attending to customer's requirements, his complaints, incentives, assessment of the customer's legal acts validity, boosting of the services quality and as a proof in case of a dispute with customer.
6.3. ANTIK is entitled to unilaterally change these Conditions for using the customer zone and making distance contracts at any time. ANTIK informs customer with change of conditions at least 30 days in advance by publishing the change online. Customer's disagreement with important part of the contractual conditions is a reason for an immediate contract rescission from the customer side. Customer can use his right to rescind the contract within one month since announcement of such change, but it is not the case if contractual conditions change is directly or indirectly invoked by a change of the generally committing regulation, public administration body- or European Union's body decision. If customer had not used this opportunity within the given period, his inaction is considered as an agreement with change of the contractual relationship's contract.
6.4. Customer is expressing his agreement with these Conditions by confirming the online order (electronic registration form) and these conditions are becoming an inseparable part of the contract.
6.5. If any enactment of these Conditions conflict mutually with General contractual conditions regarding the concrete service, enactment of these Conditions overrules.
6.6. These conditions are entering into force and becoming effective on 1 January 2022.
Chrudim 1.1.2022
ANTIK Telecom CZ Ltd.
