TERMS OF USE OF THE WEBSITE
(the “Terms”)
1.1. This document provides for the terms of use of the web application enabling the selection and configuration of products, as well as the creation and sending of non-binding order for configured or other products (the “Configurator”), which is located on the website http://www.czconfigurator.com (the “Website”), and the terms of use of the Website.
1.2. Česká zbrojovka a.s., with its registered office at at Svat. Čecha 1283, 688 01 Uherský Brod, Czech Republic, company identification number (IČO): 463 45 965, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert No. 712 (the “Operator”) ensures for the territory of [Philippines] only the technical operation of the Configurator and the Website and does not have any influence on the content displayed in the Configurator and on the Website.
1.3. The content displayed in the Configurator and on the Website for a civil market in the territory of Philippines (the “Territory”), including individual products, indicative purchase prices of products and any other information, is the exclusive content of the Operator’s contractual partner, which is P.B. Dionisio and Company], with its registered office at PBD Building, 27 Don Alejandro Roces Avenue, 1103 Quezon City, Philippines ID No. Sec. Registration Number 5486, Municipal license, 97-067334, PNP license NO. FA-07, VAT no.: TIN 000-390-372-000. Registered in Securities and Exchange Commission Registration no.:5486 maintained by Maria Antonia D. Dacanay. (the “Distributor”). The Distributor is the sole person responsible for the content displayed in the Configurator and on the Website in the Territory.
2.1. Users of the Website (the “Users”) acknowledge that the Website is intended solely for firearms and ammunition professionals. Firearms and ammunition professionals mean, in particular, persons holding a firearms card or firearms licence or other persons with expertise in firearms and ammunition legislation or persons carrying on a firearms and ammunition business or academics working in the field of firearms and ammunition (the “Professionals”).
2.2. The Users further acknowledge that the Website is intended solely for persons who are the Professionals and who have reached the age of 18 years prior to accessing the Website.
2.3. BY CLICKING ON THE RELEVANT BUTTON BEFORE ACCESSING THE WEBSITE, YOU CONFIRM THAT YOU HAVE REACHED THE AGE OF 18 YEARS, YOU CONFIRM THAT YOU ARE A PROFESSIONAL AND AGREE TO THESE TERMS. IF YOU ARE NOT A PROFESSIONAL AND/OR YOU HAVE NOT REACHED THE AGE OF 18 YEARS AT THE TIME OF ACCESSING THE WEBSITE, PLEASE DO NOT ACCESS THE WEBSITE.
2.4. By agreeing to these Terms and accessing the Website, the Users also declare that they will use the Website and any information, documentation or functionality available on the Website in accordance with the valid and effective applicable laws of the Territory.
3.1. The Configurator allows the Users, inter alia, to select and make virtual modifications to a firearm according to the User’s specific requirements within the defined options (the “Configuration”), to save the created Configuration, as well as to share a link to the created Configuration via social networks or electronic mail.
3.2. Every single action performed by the User within the Configuration shall be displayed in the visualisation of the configured products as well as in the indicative purchase price of the configured products.
3.3. All images of the products and their accessories within the visualisation of the products in the Configurator are illustrative. Although the Distributor and the Operator endeavour to make the images of the visualisations of the products and their accessories in the Configurator as real as possible, the images of the visualisations of the products and their accessories may in exceptional cases differ from the actual products and their accessories (e.g., in shade of colour, exact shape, size, etc.). The device you use to access the Configurator, e.g., the quality and resolution of the device’s screen, may also have an impact on the visualisations of the products and their accessories in the Configurator.
3.4. The User may save changes to the selected and modified products and their accessories during the Configuration by entering a valid email address in the designated place, which will be displayed to the User after clicking on the “SAVE CONFIGURATION” button located in the configuration section at the bottom of the Configurator. After entering a valid email address and clicking the “SEND” button, an email will be sent to the email address provided. The email sent will contain a hyperlink and an image of the configured product (the “Hyperlink”). This is without prejudice to the provisions of Article 3.9 of these Terms.
3.5. Clicking on the Hyperlink will redirect a person to the Configurator where a person can continue with the Configuration.
3.6. The User may repeatedly save individual versions of the configured products during the Configuration in the manner set out in Article 3.4 of these Terms. The last saved version of the configured product shall be accessible on the Hyperlink for a period of 30 days immediately following the day on which the last version of the configured product was saved.
3.7. After clicking on the Hyperlink and then continuing with the Configuration, only the last version of the configured product shall be saved after re-saving the configured product. The Hyperlink shall always redirect the person who clicked on it to the last saved version of the configured product, while previous versions shall no longer be saved and no longer be accessible. The Distributor or the Operator may change or cancel the retention period of the configured product at any time at its sole discretion, without being obliged to inform the User of the change or cancellation of the retention period.
3.8. The visitor also may, after clicking on the “SHARE WITH FRIENDS” button, share the created Configuration with third parties by copying and sending a respective hyperlink to the third party or directly by clicking on the symbols of the selected social networks. The Configurator also allows the User to download the current version of the Configuration in a .png format by clicking on the “DOWNLOAD IMAGE OF FIREARM” button.
3.10. The Configurator further allows the User to smoothly come to an online tool through which the User can send a non-binding order for the configured product and other products available in the Configurator directly to the Distributor’s contractual partner selected by the User in the Configurator (the “Dealer”). For the avoidance of doubt, the Dealer is neither the Operator, including its affiliates, nor the Distributor.
3.11. If the User chooses to create and send a non-binding order for the configured products, the process of creating a non-binding order begins by clicking on the “PROCEED TO NON-BINDING ORDER” button. Clicking on that button shall take the User to the electronic order basket section (the “Basket”), within which the User can further create and send a non-binding order for accessories or other additional product services. The User shall subsequently continue the process of creating a non-binding order directly from the Basket by clicking on the “CONTINUE” button.
3.12. It shall not be possible to create a non-binding order for accessories or other additional product services via the Website without creating a non-binding order for the product.
3.13. In the next step, the User shall fill in all mandatory fields marked with an asterisk (*) of the order form. The order form shall contain in particular the following information:
(b) the User’s name and surname;
(c) the User’s email address;
(d) the User’s telephone number;
(e) the User’s contact address (street, postal code, municipality, postcode and country);
(f) the selected Dealer’s business name.
3.14. In addition to filling in all mandatory fields marked with an asterisk (*) symbol, in order to continue with the creation of a non-binding order, the User must check the appropriate box to confirm that he/she has read and understood the Personal Data Processing Policy.
3.15. Before sending a non-binding order, the Website interface shall provide the User with the opportunity to check the non-binding order and to change the data entered by the User in the process of creating the non-binding order. The User shall send the non-binding order to the selected Dealer by clicking on the “SEND NON-BINDING ORDER” button. Clicking on the above button shall complete the process of creating and sending the non-binding order. By clicking on the “SEND NON-BINDING ORDER”, the User acknowledges that the information listed in Article 3.13 of these Terms will be automatically send to the Operator, the Distributor and the selected Dealer.
3.16. The User acknowledges that sending a non-binding order to the selected Dealer shall not constitute a purchase contract for configured or other products, nor shall it create an obligation for the User to enter into a purchase contract for configured or other products with the selected Dealer.
3.17. All necessary information regarding the products that were the subject of the User’s non-binding order, including the busines terms of the selected Distributor, shall be provided to the User by the selected Dealer within a reasonable period of time after receipt of the non-binding order via the contact details provided by the User in the non-binding order.
3.18. The Dealer may enter into a purchase contract for configured or other products with the User only on the basis of the Dealer’s proposal to enter into a purchase contract and the User’s express acceptance thereof. A purchase contract for configured or other products cannot be entered into via the Configurator. A non-binding order sent by the User via the Configurator shall not be an offer to enter into a purchase contract and the User shall not be bound by the non-binding order in any manner whatsoever.
3.19. The User acknowledges that the prices of the products displayed in the Configurator are non-binding and indicative and the actual purchase price of the products may vary depending on the selected Dealer. The purchase price and other requirements of the purchase contract shall be the subject matter of a separate agreement between the Visitor and the Dealer. These Terms are not business terms in relation to the Visitor’s purchase of configured or other products from the Dealer.
3.20. The Distributor shall be responsible for the administration, including the accurate and up-to-date content, of the Website. The Operator shall not guarantee that the data provided on the Website is accurate and up-to-date. The Website is provided “as is” and no representations or warranties, express or implied, are made in relation to it to the extent permitted by law. Neither the Operator nor the Distributor guarantees that the Website will be secure, error-free or free of malware or malicious code.
3.21. The User acknowledges that the Operator in no way guarantees the availability of the Website. The availability of the Website and its individual functionalities may be limited, suspended or cancelled at any time. The content of the Website may be changed or removed by the Distributor at any time without any notice.
3.22. The User acknowledges that the use of the Website is at the User’s own risk and, to the extent permitted by law, the User accepts full liability and risk of loss arising out of the User’s use of the Website, including, but not limited to, loss of data. To the maximum extent permitted by law, the Operator shall not be liable for any direct, indirect, special, incidental, consequential or punitive damage, or any other damage related to or arising out of the use of the Website, whether arising in contract, statute, tort (including, without limitation, damage arising out of negligence) or otherwise, even if the Operator was or should have been aware of the possibility of such damage.
4.1. The User acknowledges that the content located on the Website may be subject to copyright protection or other intellectual property rights provided by applicable laws. Any use of the copyrighted works available on the Website is prohibited without the express written authorisation of the author or the executor of the economic copyright. Any use of the designations located on the Website is prohibited without the express written consent of the Operator.
4.2. These Terms do not grant the User any consent or other authorisation to use the designations, copyrighted works or other intellectual property rights used on the Website.
5.1. The User acknowledges that the User’s personal data may be processed during the User’s visit to the Website. The personal data processing shall be governed by the Personal Data Processing Policy and the use of cookies shall be governed by the Cookies Policy.
In case of any questions or complaints regarding these Terms, the User may contact the Operator by email at: [email protected]; by telephone at: +420 703 170 300; or by mail delivered to the address:Česká zbrojovka a.s., at Svat. Čecha 1283, 688 01 Uherský Brod, Czech Republic, company identification number (IČO): 463 45 965, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert No. 712. The Operator shall send information on the handling of the User’s inquiry or complaint to the User’s email address provided by the User for this purpose.
7.1. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Site or Service shall be in the Philippines and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.[1]
8.1. Any relations arising in connection with the User’s access to the Website shall be governed by the law of the Czech Republic.
8.2. The Operator may amend these Terms at any time at its sole discretion. The currently valid version of the Terms is available before the User enters the Website as well as at the relevant place on the Website.
8.3. If any provision of these Terms is or becomes invalid or ineffective, the provisions whose meaning is as close as possible to the invalid provisions shall apply instead of the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions of these Terms.
8.4. These Terms become valid and effective on 12.2.2024
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