TERMS OF USE OF THE WEBSITE

(the “Terms”)

1.             introduction

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.             TERMS OF ACCESS TO THE WEBSITE

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.             TERMS OF USE OF THE WEBSITE

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. 

3.9.       Users acknowledge that the content of the Website as well as the virtual configurations are intended exclusively for the Professionals and persons over 18 years of age, and therefore they may not share links to the created virtual configurations with persons other than the Professionals who are at the same time over 18 years old.

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:

(a)      the ordered products;

(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.             INTELLECTUAL PROPERTY RIGHTS

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.             personal data protection

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.

6.             ContaCt DETAILS

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.             OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

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.             final provisions

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

Please put there the correct information

PRIVACY POLICY

1.              introduction

1.1.        This document together Cookie Policy (see below) provides for the information on the processing of personal data, including rights related to the processing of personal data of the users 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, which is located on the website [WWW.czconfigurator.com/ph/] (the “Configurator”).

1.2.        Personal data in relation to the Configurator are processed in accordance with applicable laws, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”).

1.3.        Česká zbrojovka a.s., with its registered office 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 the technical operation of the Configurator for the territory of Philippines and does not have any influence on determination of the purposes and means of the processing of personal data of the users of the Configurator (the “Users”), unless the personal data of the Users are processed on a basis of a consent granted to the Operator (Article 6(1)(a) of the GDPR) for marketing purposes. Only in such cases, the Operator acts as a data controller (or joint controller; see below).

1.4.        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”) distributes the products of the Operator within the territory of Philippines via its contractual partners listed in the Configurator (the “Dealers”); the contact details of the Dealers are available in the Configurator directly in the selection process of the Dealers by the User. The purposes and means of the processing of personal data of the Users (if not processed on the basis of the consent granted to the Operator under Article 1.3 of this Privacy Policy above) are determined by the Distributor together with the Dealers (the Distributor and the Dealers collectively as the “Controllers”).

1.5.        Therefore, the Controllers are joint data controllers in relation to the processing of personal data via the Configurator in accordance with Article 26 of the GDPR (except for Article 1.3 of this Privacy Policy above). The mutual relationship governing the rights and obligations of the Controllers in relation to personal data is provided for in separate agreements entered into between the Distributor and each of the Dealers on liability in relation to the processing of personal data; in such cases, the Operator acts as a data processor of the Controllers pursuant to separate data processing agreements.

2.              personal data, purpose, legal basis and data controllers

2.1.        The personal data of the Users are processed in the Configurator as follows:

2.2.       

2.2.        Personal data of the Users are not intended to be transferred to a third country or international organization outside the EU/EEA. Automated decision-making including profiling is not applicable in relation to data processing in relation to the Configurator. The Operator also does not use the data for profiling or analysis purposes.

3.              recipients of personal data

3.1.        The personal data of the Users are only made available to the authorised employees of the Operator’s Controllers.

3.2.        The personal data of the Users may be anonymised and on the basis of these anonymised data aggregated reports may be generated and sent primarily to companies in the group of the Operator and the Joint Controllers for statistical purposes.

3.3.        In statutory cases, certain personal data may be disclosed to public authorities on the basis of applicable legislation.

4.              METHOD OF PROCESSING AND RETENTION PERIOD OF PERSONAL DATA

4.1.        Personal data will be stored securely in electronic or paper form. Personal data may be processed manually or by automated means.

4.2.        Personal data will be processed and stored for the period of time stipulated in generally binding legal regulations or for the period of time for which the User has granted their consent to the processing of the data.

4.3.        Overview table showing the retention period of personal data:

4.4.       

5.              rights of data subjects

5.1.        The data subject shall have rights in relation to the processing of personal data which arise under the law and which he or she may exercise at any time with any Controller. These are the right (a) to withdraw consent to the processing of personal data, (b) to access personal data, (c) to have inaccurate personal data rectified and incomplete personal data completed, (d) to have personal data erased if they are no longer necessary in relation to the purposes for which they were collected or otherwise processed or if it is established that they have been unlawfully processed, (e) to restriction of the processing of personal data, (f) to data portability, and (g) the right to object, upon recognition of which the processing of personal data will be terminated, unless it is demonstrated that there are compelling legitimate grounds for the processing which override the interests or rights and freedoms of the data subject, in particular where the ground is the possible exercise of legal claims; and (h) the right to have recourse to a supervisory authority, which is in Philippines, National Privacy Commission, https://privacy.gov.ph/. [1] 

(a)      Right to withdraw consent to the processing of personal data: if your personal data are processed on the basis of your consent, you may withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal. You can withdraw your consent by using the contact details specified in Articles 5.3 and 5.4 of this Privacy Policy or the hyperlink embedded in the footer of the marketing communication.

(b)     Right to access personal data: you have the right to obtain information about whether your personal data are being processed and the right to access your personal data.

(c)      Right to have inaccurate personal data rectified and incomplete personal data completed: if you believe that your personal data processed are inaccurate or incomplete, you have the right to request their rectification and completion. The rectification or completion will be carried out without undue delay, but always taking into account the technical possibilities.

(d)      Right to erasure: if you request erasure of your personal data, your personal data will be erased if (i) they are no longer necessary in relation to the purposes for which they were collected or otherwise processed, (ii) the processing is unlawful, (iii) you object to the processing and there are no overriding legitimate grounds for the processing of your personal data, or (iv) if such processing is imposed by a statutory obligation.

(e)      Right to restriction of the processing of personal data: if you request a restriction of processing, your personal data will be made inaccessible, temporarily deleted or stored, or other processing operations will be carried out that are necessary for the proper exercise of the asserted right.

(f)       Right to data portability: if you want your personal data which are processed on the basis of your consent or on the basis of taking a pre-contractual measure, to be transferred to you or to a third party, you can exercise your right to data portability. If the exercise of such a right may adversely affect the rights and freedoms of third parties, your request will not be granted.

(g)      Right to object: you have the right to object to the processing of personal data that are processed for the purposes of protecting the legitimate interests of the Joint Controllers. If the Joint Controllers do not demonstrate a compelling legitimate interest in the processing that overrides the interests or rights and freedoms of the Users, they will terminate the processing without undue delay on the basis of the objection. If the essence of the Users’ objection is against the sending of commercial communication, please use the link at the end of the last commercial communications (newsletter) you received from the Joint Controllers to unsubscribe from commercial communications and the processing of personal data for that purpose.

5.2.        In the event of repeated or manifestly unfounded requests to exercise the rights referred to above, the controller may, in accordance with Article 12(5)(a) of the GDPR, charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested. You will be informed of that procedure.

5.3.        The point of contact in relation to the processing of personal data in the Configurator is the registered office of the Distributor or an email address of the Distributor: [email protected]. or the registered of office of the Dealer selected by the User or its email address listed in the Configurator or DPO of the Dealer selected by the User (if DPO was appointed, contact details of DPO are available in the selection process of the Dealer in the Configurator).

5.4.        The point of contact in relation to the data processing based on the consent of the User granted to the Operator (see Article 1.3 of this Privacy Policy above) is the registered office of the Operator or an email address of the Operator [email protected].

5.5.        You may also use the contact details under Articles 5.3 and 5.4 of this Privacy Policy to exercise your rights. The Controllers and the Operator reserve the right to reasonably verify the identity of the data subject exercising the aforementioned rights.

5.6.        The Joint Controllers and the Operator may unilaterally amend or supplement this Privacy Policy at any time. In the event of substantial changes to this Privacy Policy affecting the rights of data subjects or the processing of their data, such changes will be communicated to data subjects in good time and in an appropriate manner.

5.7.        This Privacy Policy forms an integral part of the non-binding orders sent by the Users from the Configurator to the Dealer selected by the User.

6.              effectiveness

6.1.        This Privacy Policy becomes valid and effective from 15. 11. 2023.

6.2.        This Privacy Policy was last updated on 15. 11. 2023.

COOKIES POLICY

1.              introduction

1.1.        This document governs the cookies policy of Česká zbrojovka a.s.,., with its registered office 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”) applicable to users - natural persons who browse, read or enter their data on the website https://www.czconfigurator.com/ph/ (the “Website”) or provide their data to the Operator through third party websites (the “Policy”).

1.2.        The purpose of this Policy is, inter alia, to duly inform the Website users about the use of cookies, the possibility of granting consent to the use of cookies, and the possibility of disabling the use of cookies.

1.3.        This Policy, together with the Privacy Policy (see above), describe how the data of the Website users are obtained, collected, processed and used, and how the Operator obtains and processes information about the Website users by means of cookies.

2.              definition AND PURPOSE OF COOKIES

2.1.        For the purposes of this Policy, ‘cookies’ mean cookie files and other similar technologies (such as pixel tags, web beacons or device identifiers) that may automatically collect information when you visit the Website. Information collected in this way may include browser type, operating system, referring URL, information about activities on the Website, and the dates and times of individual visits to the Website. Cookies thus help to provide, protect and improve the services offered.

2.2.        Cookies in particular:

(a)      serve for efficient navigation on the Website, personalisation, saving preferences and generally improving the user’s experience of the Website; and

(b)      allow to distinguish whether a particular user has visited the Website in the past or is a new visitor and to assist in recording statistics about visitors to the Website.

2.3.        Operators will only use some of the cookies if a visitor to the Website has granted their consent to the use of cookies in accordance with Clause 5.1 of this Policy.

2.4.        The specific purposes for which cookies are used are set out below in Clause 4 of this Policy.

3.              types of COOKIES

3.1.        In general, cookies can be divided on the basis of a number of criteria:

(a)      According to who creates and processes cookies, cookies can be divided into:

(i)       first party cookies, which are created directly by websites or scripts on the same domain. They are most often used to provide the basic functionality of the website;

(ii)     third party cookies are created by other websites. These websites own some content on the website you visit, such as advertisements, images or videos.

(b)      According to their durability, cookies can also be divided into:

(i)       session cookies are temporary and are stored on the device only until the user finishes working with the web browser, and are deleted after closing it. These cookies are essential for the proper functionality of the website or associated applications;

(ii)     permanent cookies are used for easier and more convenient navigation on the website (e.g. easier and faster navigation). These cookies remain in the browser for a longer period or until they are manually deleted. The length of this period may depend on the selected web browser settings.

(c)      According to their intended use, cookies can be divided into:

(i)        strictly necessary cookies (essential), which are necessary for the operation of the website. These include, for example, cookies that allow the user to log into secure parts of the website. These cookies do not collect information about users that could be used for marketing purposes or to remember what websites users have visited in the Internet environment;

(ii)      performance/statistical cookies are used to improve the functioning of the website. These cookies collect information about how visitors use the website, e.g. which websites visitors go to most often and whether they receive error messages from the website. Performance cookies allow us to record and count the number of visitors to the website, which allows us to track how visitors use the website. These cookies do not collect personally identifiable information about the user. The information collected by these cookies is aggregated and anonymous;

(iii)    functional cookies facilitate the control and improve the functions of the website. They are used to activate specific website functions (e.g. video playing) and to set them according to the user’s preferences (e.g. language). Functional cookies are also used to remember preferences for the next time the user visits the website. However, they do not collect information that can identify the user;

(iv)    targeted and advertising cookies (profiling) are used to track preferences and to send advertising messages in accordance with those preferences.

4.              COOKIES USED

4.1.        The following types of cookies are used on the Website:

4.2.       

4.2.        Further information about our cookies and an up-to-date list of cookies is available within individual web browsers, most often in the Developer Tools section.

5.              CONSENT AND REjection OF COOKIES

5.1.        The use of cookies requires the user’s consent, which the user grants by ticking the designated checkbox contained in the cookie bar. If the user does not grant their consent to the use of cookies, the Operator will not use cookies on the Website in relation to the user that are not necessary for the functioning of the Website (i.e. essential cookies). Essential cookies can be disabled in the settings of the browser used. Please note that if you use your browser settings to disable essential cookies, you may not be able to access the Website or certain parts of the Website, or the Website may not function properly.

5.2.        Users may change their browser settings at any time and reject/remove or allow the use of cookies. The specific procedure differs from browser to browser, so please refer to your browser’s help for further information. For the most common browsers these are:

(a)      Chrome

(b)      Firefox

(c)      MS Internet Explorer / Edge

(d)      Safari

(e)      Opera

5.3.        Rejecting or removing cookies may lead to the Website or some of its services not functioning properly and may have an adverse effect on your user experience. Areas of the Website that could use third party content and related cookies will not be available.

6.              INFORMATION SHARING

6.1.        In order to manage the Website or to carry out marketing activities on behalf of the Operator, the Operator may share information obtained through cookies with third parties. Personal data may be provided to the following categories of recipients:

(a)      IT companies administering the Website;

(b)      Other companies from the business group of the Operator.

7.              USEFUL LINKS

7.1.        Many third-party applications allow users to block or manage cookies. Users can also delete cookies that were previously stored on their device by deleting their browsing history or through third party applications.

7.2.        For more information about applications that allow users to block or manage cookies and other useful information about cookies, please see, for example, the following websites:

(a)      www.aboutcookies.org;

(b)      www.allaboutcookies.org;

(c)      www.youronlinechoices.eu.

7.3.        If you have any questions about cookies, you can contact us by e-mail at [email protected].

8.              FINAL PROVISIONS

8.1.        The Operator may unilaterally amend or supplement this Policy at any time. In the event of any amendment to this Policy, the Operator shall notify the users of such amendment in sufficient time and in an appropriate manner so that the users have an objective opportunity to familiarise themselves with such amendment.

8.2.        This Policy comes into force and effect on 15. 06. 2023.

8.3.        This Policy was last updated on 15. 06. 2023.

Please fill in with the correct name of authority please.

TERMS OF USE OF THE WEBSITE

(the “Terms”)

1.              introduction

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.              TERMS OF ACCESS TO THE WEBSITE

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.              TERMS OF USE OF THE WEBSITE

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. 

3.9.        Users acknowledge that the content of the Website as well as the virtual configurations are intended exclusively for the Professionals and persons over 18 years of age, and therefore they may not share links to the created virtual configurations with persons other than the Professionals who are at the same time over 18 years old.

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:

(a)      the ordered products;

(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.              INTELLECTUAL PROPERTY RIGHTS

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.              personal data protection

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.

6.              ContaCt DETAILS

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.              OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

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.              final provisions

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

Please put there the correct information