Terms and Conditions
These Terms and Conditions regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations between the company
with registered office: Inovační 122, Hodkovice-Zlatníky, 252 41
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 324446,
account number: 2301735763/2010
(hereinafter referred to as "Operator")
and the end user (hereinafter referred to as "Customer")
incurred in connection with the use of the Operator's services consisting in the management of shipments from the Customer's online shop and other services arranged through the Operator's website and Foxdeli application
(hereinafter referred to as "Terms and Conditions" or "T&C").
- Unless the context otherwise requires, the following terms, when capitalized in these T&C, including their introductory provisions, or the Contract, shall have the following meanings for the purposes of these T&C and the Contract:
- "Terms and Conditions" or "T&C" means these Terms and Conditions;
- "Contract" means the Contract for the provision of services consisting in the management of the Customer's shipments and the provision of other services concluded between the Customer and the Operator. An integral part of the Contract is always the current version of the T&C and the Price List. The provisions of the Contract take precedence over the provisions set out in the T&C and/or the Price List;
- "Price List" means the itemized list of prices for the Operator's services;
- "Service Package" means a set of features/functions of the Application that are provided to the Customer for use under a time-limited license based on the Customer's choice;
- "Foxdeli" means the Operator's website on the internet network available at the domain www.foxdeli.com;
- "User Account" means a user account in the web interface located on the Foxdeli website accessible only to the Operator and the specific Customer to whom access to this account has been created;
- "Application" means the web interface located on Foxdeli.com. Through the Application, the Customer is able to use the Operator's services and manage the Customer's individual Orders;
- "Order" means a Shipment or aggregate of Shipments that are placed for delivery tracking with one or more Carriers using the Application;
- "Shipment" means a movable item intended to be transported by a particular Carrier that is eligible for such transportation in accordance with that Carrier's Conditions of Carriage and the law;
- "Carrier" means a person other than the Operator who carries the Shipments.
Conclusion of the Contract
- To use the Operator's services, the Customer must first register via the Foxdeli website and have a Contract with the Operator.
- The customer can only be an entrepreneur within the meaning of § 420 and § 421 of the Civil Code, who has an assigned identification number.
- The Customer starts the registration process in the relevant section of Foxdeli.com or under the "Try it for free for 14 days" tab, by filling in the required data including contact details and submitting them. The Customer will then receive the following T&C, login details and a web link to the site where the registration can be completed, to the email address provided at registration. Confirmation of registration will result in the creation of the Customer's User Account, and at this point the Customer and the Operator will enter into a Service Agreement, which will come into force after the trial period and the selection of the license of which these T&C are an integral part. The Contract is concluded for an indefinite period of time.
- The Operator is entitled to contact the Customer in order to verify the data provided during registration.
- Upon conclusion of the Agreement, the Operator shall create a User Account for the Customer in the Application. The User Account in the Application is protected by a login name and password. The Customer shall be responsible for ensuring that no one other than the Customer or persons authorized by the Customer shall have access to the User Account. Customer is responsible for all use of the User Account.
- The Customer undertakes to provide true and correct information when registering on Foxdeli.com and when concluding the Agreement or otherwise provided to the Operator and to notify the Operator of any changes without delay. The Customer acknowledges and agrees that it is acting as a business in its contractual relationship with the Operator. The Operator shall not be liable for any damage or complications caused by the provision of incorrect or false information by the Customer. The Customer shall be liable to the Operator for any damage caused by the provision of incorrect or false data.
- The Operator reserves the right to change these Terms and Conditions at any time. The Customer will be notified in advance of any change and its effective date and will be given the opportunity to get acquainted with the new version of the T&C. From the effective date of the amendment to these T&C, the contractual relationship between the Customer and the Operator shall be governed by the new version of the T&C. If the Customer does not agree with the new wording of the T&C, the Customer will be allowed to terminate the Contract. Neither the amendment of the T&C nor the termination of the Contract shall affect the rights and obligations arising under the previous version of the T&C or during the term of the Contract.
User account in the Application
- After creating a User Account in the Application, the Customer shall make the necessary User Account settings according to the instructions provided in the Application.
- After logging into the User Account, the Customer is allowed to use the Application in particular:
- create page(s) to track the progress of delivery;
- create emails and other notifications;
- create banners and insert them into delivery tracking pages and emails;
- track the history and status of Orders and specific Shipments;
- manage the "Problem Orders" section with the ability to set up alerts for Delivered Shipments, Overdue Shipments, Delivered Shipments, Undelivered Shipments and Canceled Shipments;
- view the current version of the T&C and Price List;
- resolve returns and complaints with end users;
- terminate the Agreement and cancel access to the Application. The termination of the Agreement shall not affect the rights and obligations arising during the term of the Agreement;
- update your details.
- In order to be able to enter and manage Orders using an automated system using the API, the User Account settings must first be made with the cooperation of the Customer and the Operator. The Customer may request these settings from the Operator at any time.
- The Customer acknowledges that access to Foxdeli.com and the User Account in the Application may not be uninterrupted due to downtime, particularly with respect to necessary maintenance or planned system changes to Foxdeli.com and the Application. If possible, the Operator will notify the Customer in advance of the planned downtime.
- In the event of a breach of the Agreement by the Customer, the Operator reserves the right to temporarily deny the Customer access to the User Account or to cancel it completely without compensation.
- The use of the Operator's services is subject to fees and prices are governed by the current Price List. Prices are exclusive of VAT.
- By entering into the Agreement, the Customer agrees to pay the Operator a monthly flat fee for the use of the Application and a fee for each individual shipment sent in excess of the purchased Service Package. The amount of the monthly flat fee and the fee for each individual shipment is determined by the selected license of the Service Package. Therefore, the total monthly billing amount consists of a fixed monthly fee and a fee for each order in excess of the purchased package and is dependent on the number of shipments sent through the User's account in the Operator's Application in a particular billing period. The method of calculation of this flat fee is set out in the Price List. In the case of short-term discounted promotions, prices are governed by the Price List.
- The price list is made available to the Customer before the conclusion of the Contract and is also available on the Operator's website. The Operator reserves the right to conclude Contracts on individually agreed terms. In the event that the Price List available on the publicly accessible Foxdeli website differs from the one available in the User Account of a particular Customer, the Price List available in the Customer's User Account shall prevail.
- The Operator reserves the right to change the Price List and thus the amount of the monthly fixed fee and the fee for each shipment at any time. The Customer will be notified in advance of any change and its effective date and will be given the opportunity to familiarize himself with the new version of the Price List. From the effective date of the change in the Price List, the contractual relationship between the Customer and the Operator will be governed by the new version of the Price List. If the Customer does not agree with the new version of the Price List, the Customer will be given the opportunity to terminate the Contract. Neither the change of the Price List nor the termination of the Contract shall affect the rights and obligations arising under the previous version of the Price List or during the term of the Contract.
Placing and managing Orders
- The Customer is allowed to enter new Orders into the Application via the User Account.
- The Customer is allowed to enter the required information about Orders individually or in bulk through an automated system using an API that is connected directly or through an API connection to e-shop or other platforms.
- An overview of all Orders is available to the Customer in their User Account under the "Orders" tab under the categories "New Order", "Ready to be sent", "Sent", "Delivered", "Undelivered", "Canceled".
Operator's remuneration and invoicing
- The Operator undertakes to invoice the Customer against any remuneration to which it is entitled. These Invoices will be available to the Customer in the User Account and will also be sent by the Operator to the Customer electronically to the email address provided in the User Account.
- The Customer undertakes to pay the Operator's remuneration by debit or credit card payment or bank transfer to the Operator's account specified in the Agreement.
- All invoices issued by the Operator under the Contract shall be due and payable within 7 days unless otherwise stated in the Contract. If the Customer is more than one week in arrears with payment of any invoice, the Operator shall have the right to suspend the Customer's access to the User Account or cancel the User Account without compensation. In such a case, the Operator shall not be liable for any damage or any loss incurred by the Customer as a result of the inability to use the User Account. The Operator shall also have the right to terminate the Agreement without notice to the Customer in such case. The termination of the Agreement shall not affect the rights and obligations arising during the term of the Agreement.
- The remuneration for the use of the User Account in the Application in the form of a monthly flat fee determined in accordance with Article IV, paragraph 2 of these T&C will be invoiced to the Customer once per calendar month and may be payable in advance before the beginning of the calendar month for which it will be due to the Operator.
- The Customer may initiate a complaint regarding the performance of the Contract by sending an email message to the email address email@example.com and the Operator will deal with it. The Operator does not guarantee a positive resolution of the complaint.
Operator's liability and other rights and obligations
- The Operator undertakes to maintain confidentiality of information it has learned about Orders in connection with the Contract for the duration of the Contract and for 2 years thereafter.
- The Customer agrees to provide the Operator with the assistance necessary for the proper functioning of the User Account, if it can be reasonably requested.
- The software and other components comprising Foxdeli.com and the Application are protected by copyright. The Customer agrees not to take any action that could allow him or third parties to interfere with or make unauthorized use (e.g. store, modify, distribute) of the software or other components of the Foxdeli.com Site and the Application.
Data protection and sending commercial communications
- The Customer's personal data is stored in accordance with the applicable laws of the Czech Republic and the relevant regulations of the European Union. The Customer's personal data is fully secured against misuse.
- The personal data provided by the Customer in the User Account or in the Contract are used exclusively for the Operator's needs, namely for the purpose of exercising the rights and obligations under the Contract. The Customer's personal data will not be disclosed to entities other than the Operator and cooperating entities.
- The Customer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully, and that he/she is obliged to inform the Operator without undue delay of any change in his/her personal data. The Customer also acknowledges that information about the Operator's processing of personal data is available at: www.foxdeli.com/privacy
Personal Data Processing Agreement
- The Customer acknowledges that the Operator is in the position of a personal data processor in relation to the Customer according to the relevant legislation and the Customer is therefore a personal data controller. In view of this fact, these T&C also regulate the relations between the Customer and the Operator to the extent necessary to the extent of the formalities of the contract on personal data processing according to the relevant legislation.
- The Operator processes the personal data of the Customer's clients ("End Customers") on the basis of the Customer's instructions. Such personal data may be processed in the following scope: name, surname, delivery address, email address and telephone number, all for the purpose of proper performance of obligations under the Agreement and only on the instruction of the Customer as the controller of the End Customers' personal data.
- The processing of the End Customer's personal data shall mean, in particular, the recording and storage of information carriers, organization, structuring, sorting, use, transmission and disposal, all by automated means to the extent necessary for the proper performance of the Contract.
- Any personal data of End Customers processed will be processed for the duration of the Agreement. The termination of the Contract shall not terminate the obligations of the Operator, as a processor, regarding the security and protection of personal data until their complete destruction or transfer to another processor or the Customer, which shall take place at the Customer's instruction within 30 days of the termination of the Contract; otherwise, the Operator shall destroy them on its side.
- In relation to personal data in the performance of the Contract, the Customer is obliged to:
- ensure that the personal data of End Customers is always processed in accordance with applicable law, that such data is up-to-date, accurate and true, and that such data is relevant to the stated purpose of the processing;
- ensure that End Customers are informed so that their Personal Data can be transferred to the Operator; the Customer also declares that it has secured the appropriate processing and transfer authorisations for any Personal Data it transfers to the Operator;
- take appropriate measures to provide End Customers with all information and make all disclosures required by applicable data protection law in a concise, transparent, understandable and easily accessible manner using clear and plain language.
- In performing this Agreement, the Operator shall:
- process End Customer Personal Data only on the basis of instructions from the Customer, including issues of transfer of Personal Data to a third country or international organization;
- take into account the nature of the processing of End Customer Personal Data and to assist the Customer to comply with the Customer's obligation to respond to requests to exercise data subject rights, as well as to comply with other obligations under applicable law;
- ensure that systems for automated processing of personal data are used only by authorized persons who will only have access to personal data corresponding to the authorisation of those persons, on the basis of specific user authorisations established exclusively for those persons;
- ensure that its employees process personal data only under the conditions and to the extent specified by the Customer and in accordance with the Agreement;
- at the Customer's request, at any time, provide information regarding the processing of the End Customer's personal data;
- hand over to the Customer or the newly appointed processor all personal data processed during the provision of the Services, except for personal data that the processor is obliged to process by law in the case of another legitimate legal title.
- In performing the Contract, both parties are obliged to:
- put in place technical, organizational, personnel and other appropriate measures to ensure and be able to demonstrate at any time that the processing of personal data is carried out in accordance with the applicable legal framework so that unauthorized or accidental access to personal data and to data media containing such data, their alteration, destruction or loss, unauthorized transmission, other unauthorized processing or other misuse cannot occur, and to review and update these measures as necessary;
- report any personal data breaches to the Office for Personal Data Protection in a proper and timely manner and cooperate with the Office to the extent necessary;
- inform each other of all circumstances relevant to the processing of End Customer Personal Data and the performance of the Personal Data Processing Agreement;
- maintain confidentiality of personal data and security measures, the disclosure of which would compromise the security of personal data, even after the termination of the Agreement;
- to comply with other requirements of the applicable legislation, in particular to comply with the general principles of personal data processing, to fulfill its information obligations, not to transfer personal data to third parties without the necessary authorisation, to respect the rights of data subjects and to provide mutual cooperation in this context.
- The Customer acknowledges that the Operator is entitled to use entities other than the Operator as additional processors of the End Customers' personal data for the performance of some of its obligations.
All disputes arising out of and in connection with the PO and the Contract shall be finally and finally settled by the Court of Arbitration of the Chamber of Commerce of the Czech Republic and the Chamber of Agrarian Affairs of the Czech Republic according to its rules by a single arbitrator appointed by the President of the Court of Arbitration.
- The Customer agrees to communicate via e-mail to the address indicated as the contact address in the User Account and directly via the Application. The Customer acknowledges that in this way he/she will be sent, in particular, notifications of changes to the OP pursuant to Article II, paragraph 7 of these T&C, of changes to the Price List pursuant to Article IV, paragraph 4 of these T&C and of planned downtime of the Application or the Foxdeli website pursuant to Article III, paragraph 4 of these T&C.
- The Customer assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Agreement, the T&C and the Price List and their interpretation shall be governed by the laws of the Czech Republic.
- If any provision of the T&C is or becomes invalid or ineffective, such invalid or ineffective provisions shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
- These T&C became effective on April 1, 2023.