Terms and conditions

Business Terms and Conditions

19.1.2022

1. 
   Basic provisions
2. These General Business Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to § 1751 and subsequently of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code").

Seller: YATE spol. s r.o., ID No.: 43226990, VAT No.: CZ43226990, with registered office: Brněnská 371, 500 06 Hradec Králové, registered by a Regional Court in Hradec Králové, section C, clause 11717, on 11.11.1991, email: obchod@yate.cz, phone: +420 495 221 475-6, www.yate.cz (hereinafter referred to as "Seller").

2. These Terms and Conditions govern mutual rights and obligations of the Seller and a natural person or a legal entity, who concludes a purchase contract outside his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as "Buyer") via the web interface located on the website available at a web address: www.yate.cz (hereinafter referred to as "Online Shop").
3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Any differing provisions in the purchase contract shall take priority over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

1. Information about goods and prices
2. Information about goods including information about prices of individual goods and their main features are listed in a catalogue of the Online Shop. The prices of the goods are inclusive value added tax, all related charges and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods remain valid for the period of time they are displayed in the Online Shop. This provision does not exclude the agreement of a purchase contract with individually agreed terms.
3. All presentation of the goods placed in the catalogue of the Online Shop is determined only for information purposes and the Seller is not obliged to conclude a purchase contract regarding these goods.
4. Information about costs connected with the packaging and delivery of the goods is published in the Online Shop.
5. Any discounts of the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.

III. Order and conclusion of the purchase contract

1. Costs incurred to the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are covered by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer orders goods in the following ways:

- via his/her customer account,

- based on previous registration in the Online Shop

- by filling in an order form without registration 

- by phone at the phone numbers indicated

- by email at the email address indicated.

3. When placing an order the Buyer chooses the goods, the number of pieces, the method of payment and shipping.
4. The Buyer is allowed to check and change the data he has entered in the order before sending the order. The Buyer shall send the order to the Seller by clicking on the button SEND ORDER. The data provided in the order are considered as correct by the Seller. The order validity condition is subject to the completion of all compulsory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
5. Immediately upon receipt of the order the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and it is not considered as a conclusion of the contract. The purchase contract is concluded only after the receipt of the order by the Seller.
6. In case that any of the requirements specified in the order cannot be met, the Seller will send the Buyer a modified offer to his email address or contact him by phone. The modified offer shall be considered to be a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by the Buyer's confirmation of receipt of this offer to the Seller to his email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has received a notification of receipt of the order by the Seller. The Buyer may cancel an order by phone to the phone number or by email to the Seller's address determined in these Terms and Conditions.
8. In case of an obvious technical error on the part of the Seller when indicating the price of the goods in the Online Shop or during the ordering process the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the mistake without undue delay and shall send the Buyer a modified offer to the Buyer's email address. The modified offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.
   
9. Customer´s account
10. Upon registration of the Buyer made in the Online Shop, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.
11. The Buyer is obliged to provide all the information correctly and truly when registering for a customer account and when ordering goods. The Buyer is obliged to update the information provided in the user account, whenever it changes. The information provided by the Buyer in the customer´s account and when ordering goods will be considered correct by the Seller.
12. An access to the customer´s account is secured by a name of the user and by a password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer´s account by third parties.
13. The Buyer is not authorized to allow third parties to use the customer´s account.
14. The Seller may cancel the user´s account especially, if the Buyer uses his/her user account no longer or if the Buyer breaches his/her obligations under the purchase contract or under these Terms and Conditions.
15. The Buyer acknowledges, that the user´s account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

1. Payment terms and delivery of goods
2. The Buyer may pay the price of the goods and costs connected with the delivery of the goods according to the purchase contract by the following means:

• by bank transfer to the Seller's bank account No. 0177164633/0300, administrated by ČSOB,
• by payment card,
• by cash on delivery the goods or by picking up the goods at a pickup point
• by cash or by credit card upon personal collection in a shop

2. The Buyer is obliged to pay together with the purchase price to the Seller the costs connected with the packaging and delivery of the goods in the amount agreed. Unless expressly stated otherwise below, the purchase price shall also include the costs connected with the delivery of the goods.
3. In case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment the purchase price is payable within 14 days after the conclusion of the purchase contract.
4. The Buyer shall follow instructions of the relevant electronic payment provider in the case of payment via a payment gateway.
5. The Buyer's obligation to pay the purchase price is in case of non-cash payment fulfilled at the moment of crediting the relevant amount to the Seller's bank account.
6. The Seller does not require any advance payment or any other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not an advance payment.
7. The goods are delivered to the Buyer upon delivery within the Czech Republic:

• By a carrier DPD to the address specified by the Buyer (delivery price: 99,- inkl. VAT, with cash on delivery 119,- inkl. VAT, for orders over 1.000,- inkl. VAT is shipping free, for business partners is shipping from 3.000,- exkl. VAT free).
  
• Through a submission point of the company Zásilkovna to the address of the pick up point of Zásilkovna determined by the Buyer.

     - The price of a parcel delivery weighing up to 5 kg: 79,- inkl. VAT, with cash on delivery 99,- inkl. VAT, for orders over 1.000,- inkl. VAT the delivery is free, for business partners the delivery is free from 3.000,- exkl. VAT.

     - The price of a parcel delivery weighing 5 - 10 kg: 99,- inkl. VAT, with cash on delivery 119,- inkl. VAT, for orders over 1.000,- inkl. VAT the delivery is free, for business partners the delivery is free from 3.000,- exkl. VAT.

     - This service cannot be used for delivery for parcels weighing more than 10 kg.  

• Via submission point of Zásilkovna - delivery to the address.
  - price of delivery of a parcel up to a weight of 5 kg: 99,- inkl. VAT, with cash on delivery 119,- inkl. VAT, for orders over 1.000,- inkl. VAT is the delivery free, for business partners is the delivery free from 3.000,- exkl. VAT.
  - price of delivery of a parcel weighing 5 - 10 kg: 119,- inkl. VAT, with cash on delivery 139,- inkl. VAT, for orders over 1.000,- inkl. VAT is delivery free, for business partners is the delivery free from 3.000,- exkl. VAT.
• By personal collection in YATE store, Brněnská 371, 500 06 Hradec Králové (free of charge)
  Store opening hours:
  

Mon - Wed: 9:00 - 12:00, 13:00 - 16:00

Thu: 9:00 - 12:00, 13:00 - 17:00

Fri:   9:00 - 12:00, 13:00 - 14:00

8. When shipping goods outside the Czech Republic (Slovakia, Austria, Germany) goods are sent by the DPD carrier on condition that the weight of the package does not exceed 31 kg.

• Delivery price to Slovakia: 8,- EUR, with cash on delivery 9,- EUR.
• Delivery price to Austria: 12,- EUR, with cash on delivery 13,- EUR.
• Delivery price to Germany: 10,- EUR, with cash on delivery 11,- EUR.
  An individual proposal for the shipping method and price will be sent to the customer, if the weight of the package exceeds 31 kg.

9. The choice of delivery method is made during the ordering process.
10. The cost of delivery of the goods depending on the method of shipment and taking over the goods is indicated in the Buyer's order and in the confirmation of the order by the Seller. In case that the delivery method is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs connected with this method of delivery.
11. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In case that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, is the Buyer obliged to pay the costs connected with the repeated delivery of the goods respectively the costs connected with a different method of delivery.
12. The Buyer is obliged during takeover of the goods from the carrier to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In case of a breach of packaging indicating unauthorised intrusion into the shipment the Buyer does not have to take over the shipment from the carrier.
13. The Seller shall issue a tax document - invoice to the Buyer. The tax document is attached to the goods delivered and/or sent to the Buyer's email address.
14. The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before takeover of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.

1. Withdrawal from the contract
2. The Buyer who has concluded a purchase contract outside his/her business activity as a consumer has the right to withdraw from the purchase contract.
   
3. The withdrawal period from the contract is 14 days

• from the date of takeover of the goods,
• from the date of takeover of the last delivery of the goods, if the subject of the contract are several kinds of goods or delivery of several parts,
• from the date of takeover of the first delivery of the goods if the subject of the contract is a regular repeating delivery of goods.

3. The Buyer may not withdraw from the purchase contract among others:

• about the providing of services, if they have been performed with his/her prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before concluding the contract that he/she does not have the right to withdraw from the contract in such a case,
• about the supply of goods or services the price of which depends on financial market fluctuations independent of the Seller's will and which can occur during the withdrawal period,
• about the delivery of alcoholic beverages which may be delivered after the expiry of the 30-day period and the price of which depends on financial markets fluctuations independently of the wishes of the Seller,
• about the delivery of goods which have been adjusted according to wishes of the Buyer or for his person,
• about the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
• about the delivery of goods in sealed packaging which have been removed by the Buyer from the packaging and cannot be returned for hygiene reasons,
• about the delivery of an audio or video recording or a computer program if the original packaging has been damaged,
• about the delivery of newspapers, periodicals or magazines,
• about the delivery of a digital content, unless it has been delivered on a tangible medium and it has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
• in the other cases listed in § 1837 of the Civil Code.

4. The Buyer must send a withdrawal declaration within the withdrawal period in order to meet the withdrawal deadline.
5. The Buyer may use the sample withdrawal form provided by the Seller to withdraw from the purchase contract. The Buyer shall send the withdrawal from the purchase contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly confirm receipt of this form to the Buyer.
6. The Buyer who has resigned from the purchase contract is obliged to return the goods to the Seller within 14 days of his withdrawal from the contract. The Buyer is responsible for the costs connected with the return of the goods to the Seller, even if the goods cannot be returned due to their character by the usual postal route.
7. If the Buyer resigns from the purchase contract, the Seller shall refund the money the Buyer immediately but no later than within 14 days after the resignation from the purchase contract all money including delivery costs, which the Buyer has received from the Seller and so in the same way. The Seller shall return the funds received to the Buyer in another way only, if the Buyer agrees to this and if no additional costs occur to the Buyer.
8. If the Buyer has chosen a method of delivery of goods other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest way of delivery of goods offered.
9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer delivers the goods.
10. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and if it is possible in the original packaging. The Seller is entitled to offset unilaterally the claim for compensation damage to the goods against the Buyer's claim for a refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of the goods or when manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order or by phone and shall return all moneys, including delivery costs received from the Buyer under the contract within 14 days of the notice of withdrawal from the purchase contract in the same way unless otherwise agreed with the Buyer.

You can download a withdrawal form HERE:

VII. Rights arising from defective performance

1. The Seller guarantees to the Buyer that the goods are free from defects during the takeover. Especially the Seller guarantees to the Buyer that at the time the Buyer took over delivery of the goods:

• the goods have qualities agreed between the parties and in the absence of agreement, they have the qualities described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods fit for the purpose for which the Seller states they are to be used or for which the goods of that kind are usually used,
• the goods correspond with the quality or implementation to the agreed sample or specimen, if the quality or finish was determined according to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight and the goods meet the requirements of legal provisions.

2. The Seller has obligations from defective performance at least to the extent that the manufacturer's obligations continue from defective performance. The Buyer is otherwise entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months after the date of takeover.
3. The provisions on the guarantee of quality will be applied, if the period of time for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal provisions. By means of a guarantee of quality the Seller undertakes that the goods will be able to be used for their usual purpose or will retain their usual characteristics for a certain period of time. If the Buyer has rightly claimed the Seller regarding defective goods, neither the period for exercising rights under the defective performance nor the guarantee period shall run for the time during which the Buyer cannot use the defective goods.
4. The provisions listed in the preceding paragraph of the Terms and Conditions will be not applied to goods sold for a lower price due to the defect for which the lower price was agreed, to a wear and tear of the goods caused by their normal use, in the case of second-hand goods to a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods. The Buyer is not entitled to the right of defective performance, if he knew before taking over the goods that they were defective or if the Buyer caused the defect himself.
5. The Buyer may submit a claim to the Seller and demand in case of a defect:

• exchange for new goods
• repair of goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

• if the goods have a significant defect,
• if the goods cannot be used properly due to the repeated occurrence of the defect or defects after the repair,
• in case of a larger number of defective goods.

7. A substantial breach of contract is a breach of contract of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen this breach.
8. In case of a defect that means an insignificant breach of the contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled to the removal of the defect or to have a reasonable discount on the purchase price.
9. If a removable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth claim for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the Buyer is entitled to apply a discount on the purchase price, exchange the goods or withdraw from the contract.
10. When filing a complaint, the Buyer is obliged to tell the Seller, what right he has chosen. A change of choice without the Seller's consent is possible only if the Buyer has requested the repair of a defect that proves to be irremovable. If the Buyer does not choose his right from a substantial breach of contract in time, he has the same rights as in the case of a non-substantial breach of contract.
11. If the repair or exchange of the goods is not possible, the Buyer may demand a full refund of the purchase price based on the withdrawal from the contract.
12. If the Seller proves that the Buyer knew about the defect of the goods before acceptance or if he caused it himself, the Seller is not obliged to satisfy the Buyer's claim.
13. The Buyer may not claim discounted goods for the reason for which the goods are discounted.
14. The Seller is obliged to accept the complaint in any business premises, where acceptance of the complaint is possible, eventually also in the registered office or place of business. The Seller is obliged to issue for the Buyer a written confirmation stating, when the Buyer exercised the right, what is the content of the complaint and what method of settlement of the complaint the Buyer requires, as well as a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration or a written justification of the rejection of the complaint.
15. The complaint must be settled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered as a significant breach of contract and the Buyer shall have the right to withdraw from the purchase contract. As the moment when the claim is made, will be considered the time, when the Buyer's expression of will (exercise of the right from the defective performance) reaches the Seller.
16. The Seller shall inform the Buyer in writing of the result of the complaint.
17. The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the thing that the thing had a defect or if the Buyer caused the defect himself.
18. In case of a justified complaint, the Buyer has the right to compensation for reasonable costs resulting from the claim. The Buyer may apply this right against the Seller within one month after the expiry of the warranty period, otherwise the court doesn´t have to acknowledge it. In the event of an unjustified claim the Buyer shall bear the costs resulting from the claim.
19. The Buyer decides on the method of complaint.
20. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
21. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Claims Code.
22. Liability defect claims and warranty claims (complaints) do not refer to defects caused by incorrect use. The warranty does not relate to wear and tear of the thing caused by its normal use.
23. The warranty is also invalid if the serial number or model name on the warranty card has been modified, removed or if it has an illegible serial number or an illegible model name.

Extended warranty for YATE products

We provide customers with an extended warranty period of 4 years from the date of purchase for selected Yate self-inflating sleeping mattresses. These products are marked in our offer with an icon and text in a product description.

The extended warranty covers only material and manufacturing defects. It does not cover mechanical damage and wear and tear or damage caused by incorrect use of the mattress.

The customer will receive a completed warranty card to each purchased mattress with the extended guarantee. A presentation of this document together with the sales receipt and the product claimed is then a condition for any claim and the application of the extended warranty.

Warranty repairs of YATE mattresses

In case that the mattress is under warranty and loses its possibility of full use, proceed as follows:

• In case you are sure, that the product has not been damaged by usage or you are not aware that the product has been damaged by handling or usage, you have the right to claim the product according to the legal procedures at the place, where you purchased it. If the mattress is under warranty for 4 years, the claim must also be accompanied by a warranty card filled-in properly.
• The warranty does not cover defects caused by punctures, wear and tear and handling in contrary to the terms stated in the instruction for use.
• In the case of an acknowledged complaint the product will be either repaired free of charge or replaced with a new one depending on the type of defect and possibilities of repair. A technical expert for claims will decide on the procedure. The repair must restore the function of the product. The service is not responsible for other defects caused by usage and it has no duty to repair them.
• In case the claim is not acknowledged, the customer will be offered a post-warranty repair - see an offer below.

Post-warranty repairs + repair of damaged mattresses by the customer during usage within the warranty period

• Mattresses of all brands can be delivered for out-of-warranty repair. Only defects for which YATE has a necessary technology and spare parts can be repaired. Punctures or cuts (up to 2.5 cm) of all brands can be usually repaired. Repair of valves is usually possible only on YATE models. Bulges and unstitched seams cannot be repaired with some exceptions.

Indicative price list of repairs:

• Basic surface repair (max. 2 patches): 300,-

(price includes finding the place of leakage, sealing, testing the mattress).

• Valve repair: 150,- (only by YATE mattresses)
• Valve replacement: 200,- (only by YATE mattresses)
• Shipping back to the customer: 130,- (including cash on delivery)
• Repair warranty: 1 year (the warranty covers only the repaired area, not the whole mattress)
• Should the price need to be increased due to the difficulty of the repair or should the mattress be found to be beyond repair, we will contact the customer to discuss the next procedure.
• Repair terms: 14-30 days depending on the situation, during the summer season the repair time may be longer.
• If you are unsure whether the mattress can be repaired or not, please take a photo of the damaged area first of all and send the photo with your question to yate@yate.cz. The consultation is free of charge.

The Seller reserves the possibility to change the prices based on the difficulty of individual service operations.

VIII. Shipping

1. The parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller will deliver correspondence to the Buyer at the email address stated in the Buyer's customer account or order.

1. Personal data
2. All information you provide during our cooperation is confidential and will be treated that way. Unless you give us a written permission, we will not use your information in any way other than for the purpose of performing the contract except for the email address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse. These notifications may only relate to similar or related goods and can be cancelled at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for 3 years after the last contract conclusion between the parties.
3. For more detailed information on data protection please see the Privacy Policy HERE.
4. The company YATE spol. s r.o., ID No.: 43226990, with registered office at Brněnská 371, 500 06 Hradec Králové, registered in the Commercial Register at the Regional Court in Hradec Králové, section C, clause 11717, registered on 11.11.1991 (hereinafter referred to as "YATE") as the administrator hereby informs you about the processing of your personal data in accordance with the GDPR.
   
5. Purposes of the processing of personal data:
   Your personal data is processed to the extent necessary for the purposes of:

• the fulfilment of contractual obligations;
• the fulfilment of obligations arising from the terms and conditions of the services used;
• the fulfilment of obligations arising from generally binding legal provisions;
• keeping contacts of customer representatives and business partners;
• personalized access to our online services;
• ensuring the protection of our rights and legitimate interests.

In accordance with the Act No. 480/2004 Coll. on certain services of information society the Seller uses the Buyer's contact data for the purpose of sending business announcements with offers based on automated decision-making including profiling, until the time you express your disagreement with this use of your contacts.

The Seller is registered by the Office for personal data protection - www.uoou.cz.

Sending of business announcements

If the Buyer has expressly agreed to receive commercial offers (newsletters), then YATE spol. s r.o. sends commercial announcements to the email address provided. The consent can be terminated by clicking on a logout link in a footer of each email, or HERE.

In order to complete your order, you must agree to the Terms and Conditions. The agreement to the Terms and Conditions is NOT a consent to receive commercial offers.

5. Personal data processed

Retail customer YATE:

First name, last name, title, address and phone and email address, or account number. 

Business partner YATE:

First name, last name, company name, title, business address, business premises address (contact address), phone, email address, ID number, VAT ID number and account number.

Newsletter Subscriber:
Name, surname and email address.

In specific cases we process the following information.

Data about the use of internet services:

In order to customize business information to your interests, personal data is processed in the following range: records of the use of our internet services, IP addresses of devices and cookie identifiers.

6. List of personal data processors:

The supplier of the e-shop solution is ABRA Software a.s., Jeremiášova 1422/7b, 155 00, Praha 13, ID: 25097563, VAT ID Nr.: CZ25097563, registered by a Municipal Court in Prague, sec. B, clause 4475.

Accounting software: TANAKA, s.r.o., Karla Engliše 3201/6, 150 00 Praha 5 Smíchov, registered in the Commercial Register by a Municipal Court in Prague, sec. C, clause 210888, ID: 63479320, VAT ID: CZ63479320.

For sending business notices we use the services of SmartSelling a.s., Netroufalky 797/5, Bohunice, 625 00 Brno, ID: 29210372, VAT ID: CZ29210372, registered in the Commercial Register by Regional court in Brno, section B, clause 7559. 

IT administrator: MatCom, Machkova 587, 500 11 Hradec Králové, ID: 64794334, VAT ID: CZ7402143045.

The processing of personal data may be carried out for YATE only by processors based on a contract for the processing of personal data.

Personal data may be accessed to state authorities (Police of the Czech Republic, courts, financial administration of the Czech Republic, etc.) under certain conditions in the context of exercise of their legal competences.

7. Period of processing of your data

Personal data are stored by the Seller for the period of the contract concluded between the company you represent and between YATE or for the time of your registration to use YATE services.

After the expiry of the contractual relationship between the Buyer, the represented company and the Seller or after the expiry of your registration to use the Seller's services the personal data will continue to be processed only for the purposes and for the time period, for which the Seller is obliged to retain such data according generally binding legal provisions.

In case the Buyer has given consent to the processing of personal data for the purposes of sending commercial offers, the storage period of your personal data is 5 years from the date of the consent.

Once the storage period of the Buyer's personal data or the period for which the Seller is obliged to keep it according to legal provisions, has expired, the Seller will anonymise or delete the personal data from databases and systems.

8. Buyer´s rights
   The Buyer agrees that YATE, s.r.o. processes his/her personal data for the following purpose in connection with its business:

• Records of addresses for sending information, news, newsletters, etc. YATE, s.r.o. in the scope of name and surname, residence and contact details.

• Personal data processed for this purpose will not be passed on to any other recipient.

The Buyer acknowledges that he has the right to:

1. withdraw his/her consent by a written notice to the data protection officer any time,
2. request access to their personal data,
3. request a correction of inaccurate personal data (if you believe that the personal data processed by YATE are not exact),
4. request deletion of your personal data or request limitation of its processing,
5. submit a complaint to a supervisory authority.

The Buyer is aware that his/her claims to exercise the rights under a) to d) will always be properly judged and settled in accordance with the respective provisions of the General Data Protection Regulation (GDPR).

The Seller processes personal data transparently, correctly, in accordance with the GDPR and generally applicable law regulations.

The Buyer has the right to access and correct the data. In cases of processing of his data for which he has given his consent, he is entitled to withdraw this consent at any time.

If the Buyer wishes to withdraw the consent to processing and there is no other legal reason for processing his/her data, or if he/she objects to receive business notifications, he/she has the right to delete or limit this processing.

The right to access his/her data and other rights shall be exercised by the purchaser by written request sent by post to YATE's address or sent electronically to obchod@yate.cz. 

1. Out-of-court dispute resolution.
2. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, website: https://adr.coi.cz/cs is responsible for the out-of-court settlement of consumer disputes arising from purchase contracts. 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 purchase contract.
3. 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 (EU) dated 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directives 2009/22/EC (Regulation of online dispute resolution for consumer disputes).
4. The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out by a competent trade authority within the defined scope. The Czech Trade Inspection Authority supervises among others in compliance with Act No 634/1992 Coll., on Consumer Protection.
5. Final provisions
6. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship shall be governed by the laws of the Czech Republic. The consumer's rights are not affected under generally binding legal provisions.
7. The Seller is not bound by any code of conduct within the meaning of the provisions of the Section 1826(1)(e) of the Civil Code in relation to the Buyer.
8. All rights to the Seller's websites, in particular the copyright to the content including page layout, photos, films, graphics, trademarks, logos and other contents and elements belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
9. The Seller is not responsible for mistakes resulting from third party intervention into the Online Shop or as a result of its use in contrary to its purpose. The Buyer may not use any procedures during usage the Online Shop that could have a negative impact on its operation and he may not perform any activity that could enable him or third parties to interfere or use unauthorised software or other components forming the Online Shop and using the Online Shop or its parts or software in a manner, that would be in contrary to its determination or purpose.
10. The Buyer hereby takes over the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
11. The purchase contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
12. The Seller may change or amend the wording of the Terms and Conditions. This provision does not concern rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
13. A sample of a form to withdraw from the contract is attached to the Terms and Conditions.

These Terms and Conditions will come into effect on 7th September 2022.