TERMS AND CONDITIONS

Purpose of personal data collecting: sending our newsletters about important and interesting business-related news, events invitations and other Accace materials.
Legal basis: legitimate interest (art. 6 para. 1 f) of the Regulation) which is to provide news about the services we offer to former or current clients; or consent (art. 6 para. 1 a) of the Regulation) given by data subjects who are not our clients
Scope of personal data: name, surname, company, function, e-mail, phone number, interests (countries, business areas, material/communication type), CVs, other details that the user is including in the available message box
Recipients: N/A
Transfer to third country: N/A
Storage period: for the period of consent of the data subject (max 5 years if not withdrawn) or for the period of the contractual relationship and 5 years after its termination (for clients/partners/suppliers)
Data subjects: contact persons of Accace´s clients, potential clients, individuals interested in receiving the information our company is offering (newsletters, events, informational or promotional materials, career and business opportunities)

Purpose of personal data collecting: fulfilling of controller’s obligations resulting from legislation related to the prevention of legalization of proceeds from criminal activity and to the prevention of the terrorist financing.
Legal basis: compliance with a legal obligation (art. 6 para. 1 c) of the Regulation), especially with the Act No. 253/2008 Coll. on the prevention of legalization of proceeds from criminal activity and on the prevention of terrorist financing, as amended, or similar national legislation applicable in the country of establishment of a Vendor.
Scope of personal data: name, surname, personal number, eventually date of birth, address of permanent residence, eventually of temporary residence, nationality, identification card number, passport number, eventually additional personal data required in terms of the special legal regulation stated above.
Recipients: directorate of the financial authority, law enforcement authorities, legal services providers.
Transfer to third country: N/A
Storage period: during the contractual relationship and 10 years after its termination or shorter/longer, if necessary under the applicable legislation.
Data subjects: statutory bodies, proxy holders, contact persons, ultimate beneficiaries of the controller´s clients.

Purpose of personal data collecting: Administration of evidence of natural persons with whom a contract has been concluded, contact persons in case of contracts with legal persons / statutory bodies and natural persons to whom the Power of Attorney has been granted.
Legal basis: contract with a data subject (art. 6 para. 1 b) of the Regulation); legitimate interest (art. 6 para. 1 f) of the Regulation) – processing of contact data of the client´s employee / statutory bodies for communication purposes related to contractual relationship.
Scope of personal data: degree, name, surname, maiden name, job position, address of permanent residence, address of temporary residence, phone number and e-mail, date of birth, type and number of identification card, bank account, signature.
Recipients: tax authorities, courts, Social insurance company, health insurance company, banks, administrative services in the premises of the controller.
Transfer to third country: N/A
Storage period: during the contractual relationship and 11 years after its termination, respectively for the period necessary for the purpose for which they were obtained and/or required by law.
Data subjects: employees of the controller, natural persons with whom a contract has been concluded or to whom the power of attorney has been granted, contact persons of the client.

Purpose: keeping records of recipients and senders of mail.
Legal basis: legitimate interest (art. 6 para. 1 f) of the Regulation) – to be informed on the date of the sent and received mail including the sender and recipient in order to protect the rights and interests of the controller.
Scope of personal data: degree, name, surname, signature, address, e-mail.
Recipients: administrative services in the premises of the controller.
Transfer to third country: N/A
Storage period: 5 years following the closure of the evidence for calendar year.
Data subjects: natural persons – senders and receivers of mails.

Purpose: operating a functional website and its content and services.
Legal basis: legitimate interest (art. 6 para. 1 f) of the Regulation) –the necessity of processing the personal data of the persons concerned for the purposes of operating our website and its proper functioning.
Scope of personal data: personal data that the data subject’s browser automatically transfers to our server and which are temporarily stored in the so-called log file, i.e. the IP address of the computer, the date and time of access, the name and URL of the downloaded file, the website from which the access is made (referring to the URL), the browser used and possibly also the operating system of the computer, as well as the name of the operator of Internet access.
Recipients: N/A
Transfer to third country: N/A
Storage period: for the duration of the opening of the website.
Data subjects: natural persons – website visitors.

GENERAL CONSUMER TERMS & CONDITIONS APPLICABLE WHEN BUYING SERVICES OR PRODUCTS FROM CZECH ACCACE COMPANIES

 

1. Common provisions

1.1. These terms on conditions (the “T&C´s”) provide for the rights and obligations of parties in relation to internet orders of services made using the e-shop accessible at https://shop.accace.com/ (the “E-Shop”).

1.2. The E-Shop is operated by Accace, a group of companies based in the Czech Republic (the “Accace”); for a complete list of the companies see here (the “Accace Companies”).

1.3. Via the E-Shop, Accace offers consulting services provided by one of the Accace Companies (the “Provider”), notably legal counsel and tax advisory (the “Services”). Accace reserves the right to introduce new Services or withdraw existing ones from the E-Shop without prior notice.

1.4. Accace contact information as well as contact information for bodies of public authority for consumer protection are listed hereinbelow.

1.5 .These T&C´s are governed by the provisions of the Czech law, mainly the Act no. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”).

2. Scope

2.1. These T&C´s provide for the rights and obligations of parties arising from or in relation to the order of the Services at the E-Shop and their subsequent delivery to any individual making an order outside of their trade, business or profession (the “consumer”).

2.2. Should the need arise to effectuate a separate agreement for the provision of the Services, these T&C´s apply accordingly, unless expressly provided for otherwise in such agreement.

2.3. Accace may unilaterally limit the use of these T&C´s in any individual case.

2.4. These T&C´s do not apply to the sale of services offered as part of a one-time special offer. In such case special terms and conditions of such special offer prevail. Have no terms and conditions been introduced that are specific to such special offer or has the consumer not been duly acquainted with the content thereof, these T&C´s apply accordingly. The consumer is always considered duly acquainted with such terms and conditions when the terms and conditions were published at least prior to the execution of the respective purchase.

2.5. Accace is obliged to duly and timely inform the consumer about the content of these T&C´s. The consumer is asked to express consent to these T&C´s prior to the purchase by clicking on “I agree with the Terms and Conditions”; it is not possible to finalize an order without expressing consent to the same. Moreover, these T&C´s are accessible at any time on the E-shop website.

2.6. In case the consumer has not been duly informed about the content of these T&C´s, Accace informs them without undue delay.

2.7. These T&C´s may be amended by Accace at any given time. Accace´s obligation to provide the consumer with due information remains without prejudice. Any amendment to these T&C´s does not affect contracts between the parties executed prior to such amendment, unless such amendment objectively improves the consumer´s standing.

2.8. These T&C´s do not apply to orders executed by persons who are not consumers. Apart from companies, any natural persons executing purchases as part of their business are not considered consumers, irrespective of whether they informed Accace of the same or not. In case of non-consumer orders, separate terms and conditions apply, accessible here.

2.9. These T&C´s do not apply to the offer of financial services pursuant to Sec. 1841 of the Civil Code.

3. Order placement and conclusion of a contract

3.1. Offer of the Services on E-shop is designated for the consumers who have reached adulthood. The Provider is entitled to decline an order placement by, or provision of the Services to the consumer who is underaged.

3.2. The consumer may place the order as a registered user (the “registered user”) or as a guest user (the “guest user”).

3.3. Upon registration, the registered user fills in their personal data. The customer acknowledges that, should a fault of a delivery be due to the incorrectly filled in data, Accace shall not be liable for such defect. The consumer then bears any costs associated with the remedy, should they choose to rectify such defect.

3.4. The consumer may choose any Service offered on the E-shop website. Placement of the Service on the E-shop is an offer to enter into a contract for provision of such Service with the Provider.

3.5. The consumer may choose to add the offered Services to the shopping cart, which allows for subsequent changes. A registered user may log in prior to adding the Services to the shopping cart or thereafter, and even directly before choosing of the payment method.

3.6. The consumer confirms the choice of the Services and chooses a payment method.

3.7. The registered user acknowledges that their user account may at times be out of order. This does not prevent them to place an order as the guest user.

3.8. The order is binding at the moment of the payment. Should a wire transfer payment be chosen (where applicable), the order is binding at the moment of clicking on “Place order” in the E-Shop. The contract on provision of the Services is concluded by acceptance of the order by the Provider (the “Contract”).

3.9. The consumer will receive a confirmation e-mail with summary of the order and these T&C´s.

3.10. Any changes to the Contract notified to the Provider prior to the commencement of respective works will be accepted. Have the works already commenced, any changes to the Contract will be subject to additional charges that will be notified to the consumer prior to such change, unless the respective change does not impact the already executed works.

3.11. Cancellation of an order is usually not permitted once an order is binding, unless the Provider resolves otherwise on an individual basis. Rights of consumer withdrawal remain without prejudice.

3.12. The Provider contacts the customer if it receives an order for the Service that is, for the most part, inappropriate for the consumer-solution. After consulting with the consumer, such order may be changed to appropriate solution for the customer. Such changes may include price reductions and, with the consumer´s approval, price increases. The customer is not bound to agree with the proposed change and has a right to withdraw from the Contract. In case it is not possible to provide the consumer with the chosen Service (for example the provision of the Service is against the law) and the consumer does not agree with the change, the Provider has a right to withdraw from the contract.

3.13. Should the Service entail arrangement of the consumer´s matters pursuant to Sec. 2431 et seq. of the Civil Code (mandate, brokerage or undisclosed mandate), the Provider is entitled to decline the provision of the Service even without giving reason, without undue delay. Has the order not been declined within 7 days following the order placement, it is considered confirmed.

3.14. If an order is declined by the Provider, it reverts any respective payments it received from the consumer within 14 days.

3.15. Where the provision of the Service requires additional information, the Provider contacts the consumer without undue delay to collect such information. If the Provider finds the chosen Service inappropriate for the consumer, it may equally decline it, Art. 4.7. applies accordingly.

3.16 The Contract can be concluded in English or Czech language.

3.17 Contents of each Contract will be stored with the Provider In case the consumer requests so, the Provider will send them information about the contents of the Contract even after the confirmation e-mail according to Sec. 3.9. hereof.

 

4. Withdrawal from the Contract

4.1. The consumer has the right to withdraw from the Contract within 14 days from the day the Contract becomes binding, if not stipulated otherwise in these T&C´s; applicable template for the withdrawal may be downloaded here.

4.2. The consumer acknowledges that if they provided an express request to begin performance of the Service before the end of the time limit for withdrawal from the Contract, their right to withdraw from the Contract extinguishes in accordance with Sec. 1837 point a) of the Civil Code.

4.3. If the consumer withdraws from the Contract and the Services were already provided according to sec. 2 thereof, the consumer shall pay to Accace the amount for the actually performed Services until the day of delivery of the notice of withdrawal from the Contract. The amount shall be paid within 30 days after the delivery of the notice of withdrawal from the Contract to the Provider.

4.4. If the consumer is entitled to withdraw from the Contract, they do so by notifying the Provider on the below contacts. In such case the Provider reverts any respective payments (including shipping costs, if applicable) within 14 days following the withdrawal; if the Service was delivered physically, the consumer bears the costs of the return, including when the return is conducted via the mail.

4.5. The above mentioned provisions of this Article 4 do not apply to cancelled and changed orders, nor orders not confirmed or declined by the Provider.

4.6. The Provider may withdraw from the Contract in cases expressly stipulated in these T&C´s or in applicable laws.

4.7. The withdrawal is effective towards to other party upon its delivery.

5. Price and payment conditions

5.1. Where applicable, prices in the E-Shop are listed including VAT in EUR.

5.2. Payment for the Service is due depending on the selected payment method. The consumer may choose between:

5.2.1. payment via PayPal account. For more about PayPal company click here: https://www.paypal.com/webapps/mpp/home .

5.2.2. paying partially or fully using coupon, by entering the code when filling up the order form;

5.2.3. payment by means of a wire transfer.

Under any payment method, the consumer receives a formal invoice.

5.3. Price for the Service is paid when it is credited to the Provider’s bank account in the full amount.

5.4. Should the payment be due prior to the delivery of the Service, the payment is considered an advance payment pursuant to Sec. 1820 par. (1) lit q) of the Civil Code.

5.5. The Provider informs the consumer of their successful payments.

5.6. In case the consumer does not pay the price for the Service within thirty (30) days from the confirmation of the order by the Provider in the full amount, the Provider has a right to withdraw from the Contract.

5.7. Accace reserves the right to change payment methods at any given time, even without giving reason.

6. Conditions for the supply of the Services

6.1. The Provider will begin to perform the Service only after the price is paid in full in accordance herewith, unless agreed otherwise by the parties.

6.2. In case the Service includes tax, legal or other professional advisory, the consumer may be required to provide cooperation with fulfilment of the Provider’s duties under laws relating to the anti-money laundering rules, specifically Act No. 253/2008 Coll. on Selected Measures against Legitimization of Proceeds of Crime and Financing of Terrorism as amended. For this purpose, the consumer may be asked by the Provider to provide them with more personal data. More information on their processing is provided in Accace’s Privacy Policy under “KYC (Know Your Client)”. In case the consumer refuses to provide their cooperation in this matter, the Provider is not obliged to provide the Service and is entitled to withdraw from the Contract. Should the consumer paid for the Service already, the Provider will return the payment in full within 14 (fourteen) days as of the withdrawal.

6.3. The consumer undertakes to provide the Provider with all necessary information that allow the Provider to perform the Service within agreed scope. The consumer acknowledges that the Provider is not in delay with the provision the of the Service, until the necessary information is provided by the consumer, and does not bear the responsibility for any damage caused by such delay.

6.4. If the Provider finds out the information provided by the consumer are incorrect, incomplete, or otherwise insufficient, the Provider will require to provide the missing or corrected information from the consumer. If the consumer does not provide such information, even within reasonable time limit given by the Provider, the Provider will be entitled to withdraw from the Contract.

6.5. The consumer agrees that the communication with the Provider is done via electronic means (e-mail) and acknowledges all risks connected therewith (including security risk of withholding of or unlawful access to the communication, risk of damage to the communication, late or incomplete supply, risk of virus occurrence and so on).

6.6. In case an output (such as a draft of a contract, opinion or other document) is a part of the Service, such output may be provided to the consumer in electronic form via digital storage or via electronic mail. If such output should be handed over physically, it will be sent to the consumer via post to the address given in the order or provided in their registered user account. The consumer bears costs of the delivery, unless agreed otherwise by the parties.

6.7. Information revealed by the Provider to the consumer during provision of the Service shall be used only for the internal needs of the consumer. The consumer agrees and confirms that without a written approval from the Provider they will not copy, spread or alienate such information and that they will not give information obtained by them during provision of the Service or in connection therewith to any third party. The consumer also agrees and confirms that they will protect and keep confidential any information about the Provider and Accace, including but not limited to manner of the provision of the Service, know-how, business methods or other business-relevant information, and will not use such information for any purpose other than use of the Service provided by the Provider.

6.8. If the Provider uses any software or web application for the provision of the Services, these T&C´s shall not be interpreted in a way that the Provider gives the consumer the license or sublicence to such software.

7. Rights from defective performances

7.1 If possible, the consumer inspects the delivered Services (especially outputs like documents etc.) upon its delivery. Should the delivery be defective, the consumer is entitled to demand rectification. The consumer is especially entitled to:

7.1.1. The free-of-charge removal of the defect, if possible;

7.1.2. The new delivery;

7.1.3. Withdraw from the Contract.

7.2. Rights from defective performances may be exercised within 24 months following their delivery. Such rights cease to exist after the end of said period.

7.3. The consumer is especially entitled to withdraw from the Contract should a delay greater than 14 days occur, unless they accept a subsequent price reduction for such delay, the reduction must be proportionate to the length of the delay. For the avoidance of doubt, such withdrawal is not governed by the consumer withdrawal provided for above.

7.4. Unless expressly indicated by the consumer, the Contract is expressly not considered a fixed obligation pursuant to § 1980 of the Civil Code.

7.5. If applicable, where a delivery is defective, whereas the consumer has been made aware of the defect and of the fact that the price of the service has been reduced for the same, no rights for defective delivery arise from such defect.

7.6. Any rights from defective delivery may be applied on the below contacts of Accace:

E-mail: czechrepublic@accace.com

Phone: +420 222 753 480 – 1

Address: Hvězdova 1716/2b, Nusle, 140 00 Praha 4, Czech Republic (addressed to the relevant Accace Company)

7.7. The consumer is entitled to contact the public body of consumer protection here.

7.8. Any disputes with Accace shall be resolved by the Czech Trade Inspection Authority. The consumer is entitled to file a motion here:

Česká obchodní inspekce

Štěpánská 44

110 00 Praha 1

Contact information: https://www.coi.cz/en/about-ctia/contacts-inspectorates/

E-mail: podatelna@coi.cz

IS DS: x7cab34

Web: https://www.coi.cz/en/alternative-dispute-resolution-for-consumer-disputes-adr/

8. Communications prior to the purchase

8.1 Accace informs the consumer pursuant to Sec. 1820 of the Civil Code, in that:

8.1.1. There is no specific fare associated with the execution of the order or with electronic communication used for the order of the Services;

8.1.2. Certain payment methods are considered advance payments;

8.1.3. Rights arising from defective delivery is provided for under Art. 7. hereof;

8.1.4. Right of consumer withdrawal is provided for under Art. 4. hereof;

8.1.5. Any disputes with Accace may be resolved alternatively, see Art. 7 hereof.

8.2. Should the consumer require additional information prior or following the order or the Service delivery, they may contact Accace on the above contact details.

9. Personal data

9.1. Accace’s privacy policy is accessible here.

9.2. The consumer´s data is processed only for the purpose of performance of the Services and their delivery.

10. Final provisions

10.1. These T&C´s are valid for services provided by Accace inthe Czech Republic. Should you require counsel in your home country in which Accace operates, please refer to one of our branches (see list here). Should you require services with respect to Czech law, any respective rights and obligations from the purchase are governed by the Czech consumer protection law and other provisions of the Civil Code.

10.2. In case any provision hereof is or becomes invalid, ineffective, or unenforceable, other provision shall be used instead, the meaning of which is closest to the invalid, ineffective or unenforceable provision in question. This is without prejudice of validity, effectiveness, and enforceability of other provisions hereof or of there T&C´s as a whole.

10.3. These T&C´s are valid from 1.2.2023.

GENERAL CONSUMER TERMS & CONDITIONS APPLICABLE WHEN BUYING SERVICES OR PRODUCTS FROM HUNGARIAN ACCACE COMPANIES

 

1. Common provisions

1.1. These terms and conditions (the “T&C´s”) provide for the rights and obligations of the parties in relation to the internet purchases made using the e-shop accessible at https://shop.accace.com/ (the “E-Shop”) provided by relevant Accace company based in Hungary (the “Accace”); for a complete list of the companies look at here (the “Hungarian Accace Companies”);.

1.2. Via the E-Shop, Accace allows performance of the purchases of legal, tax, accounting, corporate and other services. Accace reserves the right to introduce new services or withdraw existing ones from the E-Shop without prior notice.

1.3. These T&C´s provide solely for the rights and obligations of the consumers. The consumer is a natural person who does not act within the scope of his business or other entrepreneurial activity or within the independent performance of his profession (the “Consumer”) when concluding and fulfilling a contract under in these T&C´s.

1.4. The legal relations not expressly regulated by these T&C´s are governed by relevant provisions of the Civil Code, as amended (the “Civil Code“), and Act CLV of 1997 – on Consumer Protection, as well as other related laws.

1.5. The contacts for communication with responsible person(s) of Accace as well as contacts for bodies of public authority for consumers protection are listed below in Art. “Rights from defective performances”. Contacts for public offices of personal data protection are listed below in Art. “Personal data”.

2. Scope and express consent to these T&C´

2.1. These T&C´s provide for the rights and obligations of the parties arising from or in relation to the purchase of the services via the E-Shop and their subsequent delivery. The T&C´s apply to the purchase of any services via the E-Shop, unless expressly provided for otherwise in the E-Shop.

2.2. Should the need arise to effectuate a separate agreement, these T&C´s apply accordingly, unless expressly provided for otherwise in such agreement.

2.3. Accace may unilaterally limit the use of these T&C´s in any individual case, such changes must not negatively affect Consumers´ rights under the purchases already performed.

2.4. These T&C´s do not apply to the sale of services offered as part of a one-time special offer. In such case, special terms and conditions of such special offer prevail. Have no terms and conditions been introduced that are specific to such special offer or has the Consumer not been duly acquainted with the content thereof, these T&C´s apply accordingly. The Consumer is always considered duly acquainted with such terms and conditions when the terms and conditions were published at least prior to the execution of the respective purchase.

2.5. Accace is obliged to duly and timely inform the Consumer about the content of these T&C´s; and it is usually done so by including a link to these T&C´s with the offered service or during the execution of the purchase. The Consumer is asked to express consent to these T&C´s prior to the purchase by clicking on “I agree with the terms and conditions”; it is not possible to finalize a purchase without expressing consent to the same.

2.6. In case the Consumer has not been duly informed about the content of these T&C´s, Accace informs him without undue delay.

2.7. These T&C´s may be amended by Accace at any given time. The Accace ´s obligation of Consumer´s due information remains without prejudice. Any amendment to these T&C´s does not affect purchases executed prior to such amendment

2.8. These T&C´s do not apply to purchases executed by purchasers who are not Consumers. Apart from companies, any natural persons executing purchases as part of their business are not considered Consumers, irrespective of whether they informed Accace of the same or not. In case of non-consumer purchases, separate terms and conditions apply, accessible here.

3. Purchase

3.1. The purchases by the Consumers, who have not reached adulthood or has no full legal capacity, are not permitted.

3.2. The Consumer may execute the purchase as either a registered user (the “Registered user”) or as a guest user (the “Guest”).

3.3. The Consumer may choose to add the offered services to the cart, which allows for subsequent changes. A Registered user may log in prior to adding the services to the cart or thereafter, and even directly before choosing of the payment method.

3.4. The Consumer confirms the choice of services and chooses a payment method.

3.5. The Consumer logged in as a Registered user acknowledges that his/her user account may be temporarily out of order. In such a case, the Consumer finalizes the purchase as a Guest.

3.6. Upon registration, the Consumer fills in his personal data. The Consumer acknowledges that, should a fault of delivery be due to the incorrectly filled in data, Accace shall not be liable for such defect and the Consumer then bears any costs associated with the remedy.   

4. Changes of the purchase

4.1. The purchase is binding at the moment of the payment. Should a wire transfer payment be chosen (where applicable), the purchase is binding in the moment of clicking on “Finish order” in the E-Shop.

4.2. Any changes to the purchase notified to Accace prior to the commencement of respective works will be accepted. Have the works on the purchase already commenced, any changes to the purchase will be subject to additional charges that will be notified to the Consumer prior to such change, unless the respective change does not impact the already executed works.

4.3. Cancellations of purchases are usually not permitted once an order is binding, unless Accace resolves otherwise on an individual basis. The rights of the Consumer withdrawal under law remain without prejudice.

4.4. After consulting with the Consumer, Accace may change the purchase, should the Customer-selected service be inappropriate for the customer-solution. Such changes may include price reductions and, with the Consumer´s approval, price increases.

4.5. Accace contacts the Customer if he/she receives a purchase for service that is, for the most part, inappropriate for the particular Consumer-solution. In such a case, Accace pledges to advise an appropriate service to be provided to the Consumer with the explanation.

4.6. If a service purchased is declined by Accace, Accace is obliged to revert any respective payments received from the Consumer within 14 days from the date when the purchase was declined.

4.7. Where a purchase requires additional information, Accace will contact the Consumer without undue delay to collect such information. If Accace finds the service purchase inappropriate, it may equally decline the purchase, Art. 4.6. applies accordingly.

4.8. In accordance with anti-money laundering legislation binding in Hungary and the internal Accace´s policy, Accace may be obliged to meet all the requirements related to the Consumers identification. In relation to above-mentioned Accace may be obliged to identify the Consumer with following details: (i) name and surname, (ii) date of birth, (iii) residential address, (iv) if is the Consumer or any person close to him politically exposed person, (v) if the financial means used in the transaction of purchase belongs to the property of the Consumer, and (vi) if Hungary had imposed international sanctions against the Consumer, and (vii) when required under the laws, the identification of ultimate beneficial owner will be needed as well; the number of the data required may be adjusted due to the legislation changes.

4.9. Any purchase defined hereunder may be completed only if the compliance procedures required by the anti-money laundering legislation are completed.

5. Consumer´s withdrawal

5.1. Due to the nature of offered services when purchases are negotiated by means of distance communication, the Consumer is entitled to withdraw from the purchase within the fourteen(14) days period , but in any case before the commencement of the performance of the service contract, by making a declaration to that effect.  The commencement of the performance of the service contract is considered initiated when Consumer schedules the first non-free online consultation session for the purpose of utilizing the service or when Consumer sends the necessary information for the preparation of the study to Accace. The Consumer expressly agrees to obtain the purchased service within this period. In case the service ordered is consumed before the fourteen days period for the withdrawal from the purchase the Consumer confirms that the withdrawal is not possible. Consumer cannot exercise the right of withdrawal in the case of a contract for the provision of services, after the complete performance of the service. However, if the contract entails a payment obligation for the Consumer, the right can only be waived if the performance began with the express prior consent of the Consumer and his/her acknowledgment that he/she will lose the right of withdrawal as soon as Accace has fully performed the contract.

5.2. This applies equally to the purchases the objects, which are to be delivered in electronic forms (contracts, documents etc.), unless such content is delivered through a digital storage and it is certain that the digital content has not been in any way copied by the Consumer.

5.3. The provisions of this Article do not apply to cancelled and changed purchases by the agreement of the parties, the purchases cancelled by Accace or by the Consumer due to the defective performance.

5.4. Should the Consumer withdraw from the purchase, the Consumer is obliged to reimburse proportionately the already completed work and related costs of cancelled purchase. The amount proportionally payable by the Consumer must be determined based on the total consideration, increased by tax.

5.5. In case of Consumer’s withdrawal in accordance with the above mentioned stipulations, Accace refunds the amount to the Consumer in the same payment method used by the Consumer. With the explicit consent of the Consumer, Accace may apply a different payment method for the refund, but no additional fee can be charged to the Consumer as a result of this.    

6. Rights from defective performance

6.1. Defective performance can only occur in the event of a technical issue preventing the Consumer from receiving a response or accessing the prepared study as a service.  Should the delivery be defective, the Consumer is entitled to demand a rectification. The Consumer is especially entitled to:

1. a) The free-of-charge removal of the defect (repair), if possible;
2. b) The new delivery/replacement;
3. c) ask for a commensurate reduction in the consideration
4. D) Withdraw from the purchase.

6.2. Rights from defective performances may be exercised within 24 months following their delivery. Such rights cease to exist after the end of said period.

6.3. The Consumer is especially entitled to withdraw from the purchase should a delay greater than 30 days occur, unless accepts a subsequent fee reduction for such delay, the reduction must be proportionate to the length of the delay. Above right can be enforced if the delay is due to Accace ’s default, i.e. all necessary data for fulfillment are provided by the Consumer. For the avoidance of doubt, such withdrawal is not governed by the Consumer withdrawal provided in Art. 5 of these T&C´s.

6.4. If the Consumer is entitled to withdraw from the purchase due to the defective deliveries, the Consumer does so by notifying Accace on the below contacts without delay. A defect reported within two months of its discovery shall be considered as having been reported without delay. In such case Accace reverts any respective payments (including shipping costs, if applicable) within 14 days following the date of withdrawal.

6.5. If an exact time of performance of purchase is stipulated with the Consumer and the nature of the purchase indicates that the Consumer can have no interest in a delayed performance, the obligation is extinguished upon the beginning of Accace ´s default, unless the Consumer informs Accace without undue delay that he/she insists on the execution of the purchase.

6.6. If applicable, where delivery is defective, whereas the Consumer has been made aware of the defect in advance and of the fact that the price of the service has been reduced for the same, no rights for defective delivery arise from such defect.

6.7. The Consumer agrees to Accace ’s total liability for damage that might be caused in connection with the performance of the purchase under these T&C´s, or for any other financial claims raised by the Consumer against Accace on the basis hereof, shall not exceed two times the value paid or which should be paid to Accace for the provision of purchase in relation to which the damage was caused.

6.8. Accace shall be not liable for any damage if the Consumer fails to enable Accace to attempt averting the damage or limiting its scope. Accace shall not be liable for the services provided verbally and for the free of charge services.

6.9. Any rights from defective delivery may be applied on the below contacts of Accace:

E-mail: hungary@accace.com
Tel.: +36 141 235 30

6.10. The Consumer is entitled to contact the public body of consumer protection here.

7. Delivery

7.1. Where applicable, delivery of the results of the purchased services will be conducted by means of e-mail or other long-distance storages (cloud).

7.2. Where a physical delivery is required, the residential address indicated by the Consumer or in the user account of the Registered user will be applied. The Consumer bears any costs associated with delivery and declined delivery.

8. Price and payment conditions

8.1. The final price including VAT will be calculated based on the information assigned by the Consumer and will be made available prior to the confirmation of the ordered services by the Consumer.

8.2. Price is due depending on the selected payment method. The Consumer may usually choose between immediate credit card payment or subsequent payment by means of a wire transfer. Under any payment method, the Consumer receives a formal invoice. Payment upon delivery is only possible where physical delivery takes place.

8.3. Where a physical delivery takes places, the shipping costs are indicated to the Consumer prior to the purchase and charged along with the purchase price.

8.4. Should the payment be due prior to the delivery of a service, the payment is considered as an advance payment. The advance payment represents the whole purchase price, unless the Consumer requires changes that do not result from any defects.

8.5. Accace informs the Consumer of any successful payments.

8.6. Accace reserves the right to pull out any payment methods at any given time, even without giving reason.

9. Communications prior to the purchase

9.1. Accace informs the Consumer:

1. a) There is no specific fee associated with the execution of the purchase;
2. b) Certain payment methods are considered advance payments;
3. c) Rights and obligations arising from defective delivery is provided for under Art. 6. hereof;
4. d) Right of the Consumer withdrawal is provided for under Art. 5. hereof;
5. e) Any disputes with Accace may be resolved alternatively, see Art. 6.10. hereof.
6. f) the essential characteristics of the services as per the contract
7. g) that he/she is obliged to reimburse the reasonable costs of Accace if he/she exercises his/her right of termination after the commencement of performance

9.2. Should the Consumer require additional information prior or following a purchase or its delivery, the Consumer may contact Accace on the above contact details.

10. Personal data

10.1. The Accace personal data policy is accessible here.

10.2. The Consumer´s data´s are processed only for the purposes of performance of the purchased services and their delivery on the basis of these T&C´s.

11. Final provisions

11.1. Accace Hungary Companies do not offer their services in other jurisdictions. Should you require counsel in other country, please refer to one of our branches (see list here).

11.2. Mutual disputes between Accace and the Consumer are to be settled by the applicable courts.

GENERAL CONSUMER TERMS & CONDITIONS APPLICABLE WHEN BUYING SERVICES OR PRODUCTS FROM POLISH ACCACE COMPANIES

1. GENERAL DISCLAIMER

1.1. The following Terms and Conditions (T&Cs) apply when purchasing services and products (hereinafter referred to as the Services) from the following vendors:

Accace sp. z o.o. with its registered office in Warsaw, Atrium Centrum, al. Jana Pawła II 27, 00-867 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register to the Register of Entrepreneurs of the National Court Register under number: 0000321378, statistical number (REGON): 141666965, tax identification number (NIP): 5213512324, (hereinafter referred to as “Accace”) or

Accace Advisory sp. z o.o. with its registered office in Warsaw, Atrium Centrum, al. Jana Pawła II 27, 00-867 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register to the Register of Entrepreneurs of the National Court Register under number: 0000292320, statistical number (REGON): 141255630, tax identification number (NIP): 1070010990, (hereinafter referred to as “Accace Advisory”) or

Accace Legal A. Samborska sp. k. with its registered office in Warsaw, Atrium Centrum, al. Jana Pawła II 27, 00-867 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register to the Register of Entrepreneurs of the National Court Register under number: 0000524074, statistical number (REGON): 147427990, tax identification number (NIP): 5213679308, (hereinafter referred to as “Accace Legal”),

depending on the type of Service:

• Accace provides payroll and accounting services;
• Accace Advisory provides tax advisory services;
• Accace Legal provides legal services.

Accace, Accace Advisory, and Accace Legal are jointly referred to as the Seller.

2. ORDER CONDITIONS

2.1 When you place an order on our Website, you agree to the current T&C published on the Website and that:

1. a) you are responsible for reading the Service details before committing to order;
2. b) you place a legally binding offer to order a Service for the price indicated on the Webpage when you submit your order (hereinafter referred to as the ”Order”);
3. c) you consent to the disclosure of personally identifiable information provided, such as user or business information and other information, by the Seller to individual Vendors of requested Services.

2.2. The Consumer may submit an Order as either a registered user (the “Registered user”) or as a guest user (the “Guest”).

2.3. The Consumer may choose to add the offered services to the cart, which allows for subsequent changes. A Registered user may log in before adding the services to the cart or thereafter, and even directly before choosing the payment method.

2.4. The Consumer confirms the choice of services and chooses a payment method.

2.5. The Consumer logged in as a Registered user acknowledges that his/her user account may be temporarily out of order. In such a case, the Consumer may finalize the Order as a Guest.

2.6. Upon registration, the Consumer fills in his personal data. The Consumer acknowledges that, should a fault of delivery be due to the incorrectly filled-in data, the Seller shall not be liable for such defect and the Consumer then bears any costs associated with the remedy.

2.7. By placing the Order the Consumer agrees to receive an invoice for the Services to the provided e-mail address.

3. CHANGES OF THE CONSUMER`S ORDER

3.1. At the moment of the payment you submit the offer to conclude a contract for Services at the price indicated on the Webpage. Should a wire transfer payment be chosen (where applicable), the offer is binding at the moment of clicking on “Finish Order” in the E-Shop.

3.2. The Service agreement shall be effective upon the confirmation of the Order by the Seller in e-mail form. Please note that in some cases confirmation shall be contingent upon your providing of additional information required to render the Service or complete an anti-money laundering check by the Seller. The Seller reserves the right to reject confirmation of the Order at its discretion. In such case, your Order will be fully refunded within 14 days.

3.3. Any changes to the Order notified to Seller before the commencement of respective works will be accepted. Have the works on the Order already commenced, any changes to the Order will be subject to additional charges that will be notified to the Consumer before such change, unless the respective change does not impact the already executed works.

3.4. Revocation of your Order is not permitted once the Service agreement is effective unless Seller resolves otherwise on an individual basis.

3.5. After consulting with the Consumer, Seller may modify the Order before confirmation, should the Consumer-selected service be inappropriate for the given situation. Such changes may include price reductions and, with the Consumer´s approval, price increases.

3.6. Seller contacts the Consumer if he/she receives an Order for Service that is, for the most part, inadequate for the particular Consumer’s case. In such an event, Seller pledges to advise an adequate service to be provided to the Consumer with the explanation before issuing a confirmation of the Order.

3.7. If the ordered Service is declined by Seller, Seller is obliged to revert any respective payments received from the Consumer within 14 days from the date when the Order was declined. Seller shall not be liable for any damage caused by declining the Order.

3.8. Where a proper rendition of the ordered Service requires additional information, the Seller will contact the Consumer to collect such information without undue delay. If the Seller finds the ordered Service inadequate for the Consumer’s particular case, it may decline the purchase, section 6. applies accordingly.

3.9. In accordance with anti-money laundering legislation binding in the Republic of Poland and the internal Seller´s policy, Seller may be obliged to meet all the requirements related to Consumer identification. Concerning the above-mentioned Seller may be obliged to identify the Consumers with the following details: (i) name and surname, (ii) citizenship, (III) PESEL number or date of birth – in the case of persons without a PESEL number: (iv) country of birth, (v) the series and number of the document confirming the person’s identity,(vi) residential address. Moreover, to determine if the Consumer is a politically exposed person, Seller may oblige the Consumer to provide a statement in writing or documentary form that he/she is or is not a person in such a position, submitted under pain of criminal liability for submitting a false statement. The person submitting the statement is obliged to include the following clause in it: “I am aware of criminal liability for submitting a false statement.” This clause replaces the criminal liability statement for making a false statement. Some Services offered at the E-Shop may be provided only upon prior completion of the procedures required by the anti-money laundering legislation.

3.10. The Seller reserves a right to withdraw from the Service agreement at any time if:

1. a) the Seller suspects illicit activity of the Consumer;
2. b) the Consumer provides untrue or misleading information;
3. c) the Consumer refuses to cooperate with the Seller (e.g. if the Consumer refuses to provide information or documents required for rendering of the Service);
4. d) rendering the Service would cause a conflict of interest for the Seller;
5. e) the Consumer insists on the execution of the Service in a manner that would cause harm to the Seller’s business or goodwill or would violate the professional duties of the Seller;
6. f) execution of the Services will be impossible or overly difficult due to circumstances which could not be assessed at the time of conclusion of the agreement.

3.11. The right to withdraw shall be exercised within 30 days of the conclusion of the agreement or 30 days of the event entitling the Seller to withdraw. If possible the Seller will first provide the Consumer with 7 days remedy period before the Seller exercises the right to withdraw from the agreement.

4. DELIVERY

4.1. The Seller shall deliver the Services free from defects.

4.2. Where applicable, delivery of the results of the Services will be performed using e-mail or other long-distance storage (cloud).

4.3. Where a physical delivery is required, the address stored in the User Account or indicated by the Consumer will be applied. The Consumer bears any risk and costs associated with declined delivery to the provided address.

5. CONSUMER´S WITHDRAWAL

5.1. Due to the nature of offered services when orders are negotiated using distance communication, the Consumer is entitled to withdraw from the transaction within the fourteen(14) days period prescribed by the laws.

5.2. The Consumer is not allowed to withdraw from transaction if the Service was executed before the lapse of the fourteen day period, provided they granted consent or requested execution of the Service before the lapse of the 14 days.

5.3. The Consumer shall be charged pro-rata for services rendered until the withdrawal from the transaction if they granted consent or requested execution of the Service before the lapse of the 14 days for withdrawal. The remaining part of the paid fee shall be reimbursed within 14 days of the withdrawal.

5.4. The relevant form for the Consumer withdrawal (statement) may be downloaded here.

5.5. This applies equally to the Services, which are to be delivered in electronic forms (contracts, documents etc.), unless such content is delivered through a digital storage and it is certain that the digital content has not been in any way copied by the Consumer.

5.6. The provisions of this Section do not apply to canceled and changed purchases by the agreement of the parties, the Orders canceled or unconfirmed by Seller or by the Consumer due to the defective performance.

6. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1. If possible, the Consumer inspects the delivered Services (especially documents, etc.) upon its delivery. Should the delivery be defective, the Consumer is entitled to demand a rectification. The Consumer is especially entitled to:

1. a) the free-of-charge removal of the defect, if possible;
2. b) the new delivery;
3. c) withdraw from the purchase.

6.2. Rights from defective performances may be exercised within 24 months following their delivery. Such rights cease to exist after the end of said period.

6.3. The Consumer is entitled to withdraw from the purchase should a delay greater than 30 days occur, unless they accept a fee reduction for such delay, the reduction must be proportionate to the length of the delay. For the avoidance of doubt, such withdrawal is not governed by the Consumer withdrawal provided in Chapter 6 of these T&Cs.

6.4. If the Consumer is entitled to withdraw from the purchase due to the defective deliveries, the Consumer does so by notifying the Seller on the below contacts. In such case, Seller reverts any respective payments (including shipping costs, if applicable) within 14 days following the date of withdrawal.

6.5. If an exact time of performance of Service is stipulated with the Consumer and the nature of the Service indicates that the Consumer can have no interest in a delayed performance, the obligation is extinguished upon the beginning of Seller´s default unless the Consumer informs Seller without undue delay that he/she insists on the execution of the Service.

6.6. If applicable, where delivery is defective, whereas the Consumer has been made aware of the defect in advance and of the fact that the price of the service has been reduced for the same, no rights for defective delivery arise from such defect.

6.7. Advice and suggestions provided by Seller verbally shall not be deemed as the rendering of the Service. All Services shall be provided in writing or electronic form. Seller shall not be responsible for verbal advice and suggestions unless explicitly indicated otherwise.

6.8. Any rights from defective delivery may be applied on the below contacts of Seller:

e-mail: agnieszka.samborska@accace.com
phone: +48 504 021 863
address: Accace Legal A. Samborska sp. k., Atrium Centrum, al. Jana Pawła II 27, 00-867 Warsaw

6.9 The Consumer is entitled to contact the local ombudsman if they feel their rights from the defective Service were infringed. The list of the available ombudsman is available on the webpage of the Office of Consumer and Competition Protection (UOKIK) at: https://www.uokik.gov.pl/pomoc.php

7. COMPLAINTS

7.1. Complaints may be submitted by the Consumers in electronic form via e-mail to the following address: agnieszka.samborska@accace.com.

7.2. The complaint should contain a brief description of the situation and requests or suggestions for the proposed remedy solution, as well as the Consumer’s data.

7.3. The above requirements are only recommendations and are intended to help the Seller consider the complaint. Failure to meet these requirements by the Consumer has no impact on the date and manner of dealing with the complaint.

7.4. The Seller will consider the complaint within 14 calendar days from the date of receipt of the complaint.

8. PRICE AND PAYMENT CONDITIONS

8.1. Price may depend on the selected payment method. The Consumer may usually choose between immediate credit card payment or subsequent payment using a wire transfer. Under any payment method, the Consumer receives a formal invoice. Payment upon delivery is only possible where physical delivery takes place.

8.2. Where a physical delivery takes place, the shipping costs are indicated to the Consumer before the purchase and charged along with the purchase price.

8.3. Should the payment be due before the delivery of a service, the payment is considered an advance payment. The advance payment represents the whole purchase price unless the Consumer requires changes to the ordered Services that do not result from any defects.

8.4. Seller informs the Consumer of any successful payments.

8.5. Seller reserves the right to pull out any payment methods at any given time, even without giving a reason.

9. TERM AND TERMINATION

9.1. These T&Cs shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE, DENY ACCESS TO AND USE OF THE Website (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION IN CASE OF BREACH OF THESE T&C, BREACH OF LAW OR GOOD PRACTICES.

9.2. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. PERSONAL DATA

10.1. The Seller’s personal data policy is accessible here.

10.2. The Consumer´s data are processed only for the performance of the ordered services and their delivery based on these T&Cs.

GENERAL CONSUMER TERMS & CONDITIONS APPLICABLE WHEN BUYING SERVICES OR PRODUCTS FROM ROMANIAN ACCACE COMPANIES

 

1. Common provisions

1.1. These terms and conditions (the “T&C´s”) provide for the rights and obligations of the parties in relation to the internet purchases made using the e-shop accessible at https://shop.accace.com/ (the “E-Shop”) provided by relevant Accace company based in the Romania (the “Accace”); for a complete list of the companies look at here (the “Romanian Accace Companies”);.

1.2. Via the E-Shop, Accace allows performance of the purchases of tax, accounting, corporate and other services. Accace reserves the right to introduce new services or withdraw existing ones from the E-Shop without prior notice.

1.3. These T&C´s provide solely for the rights and obligations of the consumers. The consumer is a natural person who does not act within the scope of his business or other entrepreneurial activity or within the independent performance of his profession (the “Consumer”) when concluding and fulfilling a contract under in these T&C´s.

1.4. The legal relations not expressly regulated by these T&C´s are governed by relevant provisions of the Civil Code, as amended (the “Civil Code“), notably Secs. 1851 et seq. of the Civil Code, Government Emergency Ordinance no. 34/2014 on consumers’ rights regarding the contracts concluded with professionals, as well as for the amendment and completion of some legal acts and Ordinance no. 21/1992 on the Protection of the Consumer, as amended, as well as other related laws.

1.5. The contacts for communication with responsible person(s) of Accace as well as contacts for bodies of public authority for consumers protection are listed below in Art. “Rights from defective performances”. Contacts for public offices of personal data protection are listed below in Art. “Personal data”.

2. Scope and express consent to these T&C´s

2.1. These T&C´s provide for the rights and obligations of the parties arising from or in relation to the purchase of the services via the E-Shop and their subsequent delivery. The T&C´s apply to the purchase of any services via the E-Shop, unless expressly provided for otherwise in the E-Shop.

2.2. Should the need arise to effectuate a separate agreement, these T&C´s apply accordingly, unless expressly provided for otherwise in such agreement.

2.3. Accace may unilaterally limit the use of these T&C´s in any individual case, such changes must not negatively affect Consumers´ rights under the purchases already performed.

2.4. These T&C´s do not apply to the sale of services offered as part of a one-time special offer. In such case, special terms and conditions of such special offer prevail. Have no terms and conditions been introduced that are specific to such special offer or has the Consumer not been duly acquainted with the content thereof, these T&C´s apply accordingly. The Consumer is always considered duly acquainted with such terms and conditions when the terms and conditions were published at least prior to the execution of the respective purchase.

2.5. Accace is obliged to duly and timely inform the Consumer about the content of these T&C´s; and it is usually done so by including a link to these T&C´s with the offered service or during the execution of the purchase. The Consumer is asked to express consent to these T&C´s prior to the purchase by clicking on “I agree with the terms and conditions”; it is not possible to finalize a purchase without expressing consent to the same.

2.6. In case the Consumer has not been duly informed about the content of these T&C´s, Accace informs him without undue delay.

2.7. These T&C´s may be amended by Accace at any given time. The Accace´s obligation of Consumer´s due information remains without prejudice. Any amendment to these T&C´s does not affect purchases executed prior to such amendment, unless such amendment objectively improves the Consumer´s standing.

2.8. These T&C´s do not apply to purchases executed by purchasers who are not Consumers. Apart from companies, any natural persons executing purchases as part of their business are not considered Consumers, irrespective of whether they informed Accace of the same or not. In case of non-consumer purchases, separate terms and conditions apply, accessible here.

3. Purchase

3.1. The purchases by the Consumers who have reached 16 years old is permitted

3.2. The Consumer may execute the purchase as either a registered user (the “Registered user”) or as a guest user (the “Guest”).

3.3. The Consumer may choose to add the offered services to the cart, which allows for subsequent changes. A Registered user may log in prior to adding the services to the cart or thereafter, and even directly before choosing of the payment method.

3.4. The Consumer confirms the choice of services and chooses a payment method.

3.5. The Consumer logged in as a Registered user acknowledges that his/her user account may be temporarily out of order. In such a case, the Consumer finalizes the purchase as a Guest.

3.6. Upon registration, the Consumer fills in his personal data. The Consumer acknowledges that, should a fault of delivery be due to the incorrectly filled in data, Accace shall not be liable for such defect and the Consumer then bears any costs associated with the remedy.

 

4. Changes of the purchase

4.1. The purchase is binding at the moment of the payment. Should a wire transfer payment be chosen (where applicable), the purchase is binding in the moment of clicking on “Finish order” in the E-Shop.

4.2. Any changes to the purchase notified to Accace prior to the commencement of respective works will be accepted. Have the works on the purchase already commenced, any changes to the purchase will be subject to additional charges that will be notified to the Consumer prior to such change, unless the respective change does not impact the already executed works.

4.3. Cancellations of purchases are usually not permitted once an order is binding, unless Accace resolves otherwise on an individual basis. The rights of the Consumer withdrawal under law remain without prejudice.

4.4. After consulting with the Consumer, Accace may change the purchase, should the Customer-selected service be inappropriate for the customer-solution. Such changes may include price reductions and, with the Consumer´s approval, price increases.

4.5. Accace contacts the Customer if he/she receives a purchase for service that is, for the most part, inappropriate for the particular Consumer-solution. In such a case, Accace pledges to advise an appropriate service to be provided to the Consumer with the explanation.

4.6. If a service purchased is declined by Accace, Accace is obliged to revert any respective payments received from the Consumer within 14 days from the date when the purchase was declined.

4.7. Where a purchase requires additional information, Accace will contact the Consumer without undue delay to collect such information. If Accace finds the service purchase inappropriate, it may equally decline the purchase, Art. 4.6. applies accordingly.

4.8. In accordance with anti-money laundering legislation binding in Romania and the internal Accace´s policy, Accace may be obliged to meet all the requirements related to the Consumers identification. In relation to above-mentioned, Accace may be obliged to identify the Consumer with following details: (i) name and surname, (ii) date of birth, (iii) residential address, (iv) if is the Consumer or any person close to him publicly exposed person, (v) if the financial means used in the transaction of purchase belongs to the property of the Consumer, (vi) if there are imposed any international sanctions against the Consumer, and (vii) when required under the laws, the identification of ultimate beneficial owner will be needed as well; the number of the data required may be adjusted due to the legislation changes.

4.9. Any purchase defined hereunder may be completed only if the compliance procedures required by the anti-money laundering legislation are completed.

5. Consumer´s withdrawal

5.1. Due to the nature of offered services when purchases are negotiated by means of distance communication, the Consumer is entitled to withdraw from the purchase within the fourteen (14) days period prescribed by the laws. The Consumer expressly agrees to obtain the purchased service within this period. In case the service ordered is consumed before the fourteen days period for the withdrawal from the purchase the Consumer confirms that the withdrawal is not possible. The relevant form for the Consumer withdrawal may be downloaded

5.2. This applies equally to the purchases the objects, which are to be delivered in electronic forms (contracts, documents etc.), unless such content is delivered through a digital storage and it is certain that the digital content has not been in any way copied by the Consumer.

5.3. The provisions of this Article do not apply to cancelled and changed purchases by the agreement of the parties, the purchases cancelled by Accace or by the Consumer due to the defective performance.

5.4. Should the Consumer withdraw from the purchase, the Consumer is obliged to reimburse proportionately the already completed work and related costs of cancelled purchase.

6. Rights from defective performance

6.1. If possible, the Consumer inspects the delivered services (especially documents etc.) upon its delivery. Should the delivery be defective, the Consumer is entitled to demand a rectification. The Consumer is especially entitled to:

a) The free-of-charge removal of the defect, if possible;

b) The new delivery;

c) Withdraw from the purchase.

6.2. Rights from defective performances may be exercised within 24 months following their delivery. Such rights cease to exist after the end of said period.

6.3. The Consumer is especially entitled to withdraw from the purchase should a delay greater than 30 days occur, unless accepts a subsequent fee reduction for such delay, the reduction must be proportionate to the length of the delay. For the avoidance of doubt, such withdrawal is not governed by the Consumer withdrawal provided in Art. 5 of these T&C´s.

6.4. If the Consumer is entitled to withdraw from the purchase due to the defective deliveries, the Consumer does so by notifying Accace on the below contacts. In such case Accace reverts any respective payments (including shipping costs, if applicable) within 14 days following the date of withdrawal.

6.5. If an exact time of performance of purchase is stipulated with the Consumer and the nature of the purchase indicates that the Consumer can have no interest in a delayed performance, the obligation is extinguished upon the beginning of Accace ´s default, unless the Consumer informs Accace without undue delay that he/she insists on the execution of the purchase.

6.6. If applicable, where delivery is defective, whereas the Consumer has been made aware of the defect in advance and of the fact that the price of the service has been reduced for the same, no rights for defective delivery arise from such defect.

6.7. The Consumer agrees to Accace ’s total liability for damage that might be caused in connection with the performance of the purchase under these T&C´s, or for any other financial claims raised by the Consumer against Accace on the basis hereof, shall not exceed ten times the value paid or which should be paid to Accace for the provision of purchase in relation to which the damage was caused.

6.8. Accace shall be not liable for any damage if the Consumer fails to enable Accace to attempt averting the damage or limiting its scope. Accace shall not be liable for the services provided verbally and for the free of charge services.

6.9. Any rights from defective delivery may be applied on the below contacts of Accace:

E-mail: romania.office@accace.com
Tel.: + 40 314 050 440

6.10. The Consumer is entitled to contact the public body of consumer protection.

6.11. Any disputes with Accace shall be resolved by the Romanian Trade Inspection Authority (“ANPC”). The Consumer is entitled to file a motion here:AUTORITATEA NATIONALA PENTRU PROTECTIA CONSUMATORILOR
Adresa: Bucuresti, Bulevardul Aviatorilor nr. 72, sector 1, cod postal 011865
https://anpc.ro/articol/575/date-contact

6.12. In addition, the Consumer has the possibility to solve the dispute by means of the Online Dispute Resolution platform available here: europa.eu/consumers/odr.

7. Delivery

7.1. Where applicable, delivery of the results of the purchased services will be conducted by means of e-mail or other long-distance storages (cloud).

7.2. Where a physical delivery is required, the residential address indicated by the Consumer or in the user account of the Registered user will be applied. The Consumer bears any costs associated with declined delivery.

7.3. The transfer of the services is accomplished at the date when the services are rendered and delivered.

8. Price and payment conditions

8.1. The final price including VAT will be calculated based on the information assigned by the Consumer and will be made available prior to the confirmation of the ordered services by the Consumer.

8.2. Price is due depending on the selected payment method. The Consumer may usually choose between immediate credit card payment or subsequent payment by means of a wire transfer. Under any payment method, the Consumer receives a formal invoice. Payment upon delivery is only possible where physical delivery takes place.

8.3. Where a physical delivery takes places, the shipping costs are indicated to the Consumer prior to the purchase and charged along with the purchase price.

8.4. Should the payment be due prior to the delivery of a service, the payment is considered an advance payment. The advance payment represents the whole purchase price, unless the Consumer requires changes that do not result from any defects.

8.5. Accace informs the Consumer of any successful payments.

8.6. Accace reserves the right to pull out any payment methods at any given time, even without giving reason.

9. Communications prior to the purchase

9.1. Accace informs the Consumer pursuant to Chapter IV of the Ordinance no. 21/1992, in that:

a) There is no specific fee associated with the execution of the purchase;

b) Certain payment methods are considered advance payments;

c) Rights arising from defective delivery is provided for under Art. 6. hereof;

d) Right of the Consumer withdrawal is provided for under Art. 5. hereof;

e) Any disputes with Accace may be resolved alternatively, see Art. 6.10. hereof.

9.2. Should the Consumer require additional information prior or following a purchase or its delivery, the Consumer may contact Accace on the above contact details.

10. Personal data

10.1. The Accace personal data policy is accessible here.

10.2. The Consumer´s data´s are processed only for the purposes of performance of the purchased services and their delivery on the basis of these T&C´s.

 

11. Final provisions

11.1. Accace Romanian Companies do not offer their services in other jurisdictions. Should you require counsel in other country, please refer to one of our branches (see list here).

11.2. Mutual disputes between Accace and the Consumer are to be settled by the applicable courts.

GENERAL CONSUMER TERMS & CONDITIONS APPLICABLE WHEN BUYING SERVICES OR PRODUCTS FROM SLOVAK ACCACE COMPANIES

 

1. Common provisions

1.1. These terms and conditions (the “T&C´s”) provide for the rights and obligations of the parties in relation to the internet purchases made using the e-shop accessible at https://shop.accace.com/ (the “E-Shop”) provided by the company Accace k. s., with its registered office at Pribinova 40, 811 09 Bratislava, company ID No.: 35 839 350, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sr, Insert No.: 510/B (hereinafter the “Accace”).

1.2. Via the E-Shop, Accace allows performance of the purchases of tax, accounting, corporate and other services. Accace reserves the right to introduce new services or withdraw existing ones from the E-Shop without prior notice.

1.3. These T&C´s provide solely for the rights and obligations of the consumers. The consumer is a natural person who does not act within the scope of its business or other entrepreneurial activity or within the independent performance of its profession (the “Consumer”) when concluding and fulfilling a contract under in these T&C´s.

1.4. The legal relations not expressly regulated by these T&C´s are governed by relevant provisions of the Act No. 102/204 Coll. on Consumer Protection in Relation to Sales of Goods or Provision of Services Based on Distance and Off-premises Contracts and on amendment of certain acts, of the Act No. 250/2007 Coll., on the Protection of the Consumer and on amendment of the act of the Slovak National Council no. 372/1990 Coll. on Offences as amended and of the act no. 40/1964 Coll. Civil Code, as amended, as well as other related applicable laws.

1.5. The contacts for communication with responsible person(s) of Accace as well as contacts for bodies of public authority for consumers protection are listed below in Art. “Rights from defective performances”. Contacts for public offices of personal data protection are listed below in Art. “Personal data”.

2. Scope and express consent to these T&C´

2.1. These T&C´s provide for the rights and obligations of the parties arising from or in relation to the purchase of the services via the E-Shop and their subsequent performance. The T&C´s apply to the purchase of any services via the E-Shop, unless expressly provided for otherwise in the E-Shop.

2.2. These T&C´s do not apply to the sale of services offered as part of a one-time special offer. In such case, special terms and conditions of such special offer prevail. Have no terms and conditions been introduced that are specific to such special offer or has the Consumer not been duly acquainted with the content thereof, these T&C´s apply accordingly. The Consumer is always considered duly acquainted with such terms and conditions when the terms and conditions were published at least prior to the execution of the respective purchase.

2.3. Accace is obliged to duly and timely inform the Consumer about the content of these T&C´s; and it is usually done so by including a link to these T&C´s with the offered service or during the execution of the purchase. The Consumer is asked to express consent to these T&C´s prior to the purchase by clicking on “I have read and agree with the terms and conditions”; it is not possible to finalize a purchase without expressing consent to the same.

2.4. These T&C´s may be amended by Accace at any given time. The Accace´s obligation of Consumer´s due information remains without prejudice. Any amendment to these T&C´s does not affect purchases executed prior to such amendment, unless such amendment objectively improves the Consumer´s standing.

2.5. These T&C´s do not apply to purchases executed by purchasers who are not Consumers. Apart from companies, any natural persons executing purchases as part of their business are not considered Consumers, irrespective of whether they informed Accace of the same or not. In case of non-consumer purchases, separate terms and conditions apply, accessible here.

3. Purchase

3.1. The purchases by the Consumers, who have not reached adulthood or have no full legal capacity, are not permitted.

3.2. The Consumer may execute the purchase as either a registered user (the “Registered user”) or as a guest user (the “Guest”).

3.3. The Consumer may choose to add the offered services to the cart, which allows for subsequent changes. A Registered user may log in prior to adding the services to the cart or thereafter, and even directly before choosing of the payment method.

3.4. The Consumer confirms the choice of services and chooses a payment method.

3.5. The Consumer logged in as a Registered user acknowledges that his/her user account may be temporarily out of order. In such a case, the Consumer finalizes the purchase as a Guest.

3.6. Upon registration, the Consumer fills in her/his personal data. The Consumer acknowledges that, should a fault of delivery be due to the incorrectly filled in data, Accace shall not be liable for such defect and the Consumer then bears any costs associated with the remedy.

3.7. The purchase is binding and the agreement between Accace and the Consumer is concluded at the moment of its submitting, where the Consumer confirms the purchase with the click on the button “Purchase with payment obligation”.

3.8. Accace is obliged to provide the Consumer with the confirmation of the conclusion of the agreement on the long lasting carrier.

3.9. Where a purchase requires additional information, Accace will contact the Consumer without undue delay to collect such information.

 

4. Changes of the purchase

4.1. Any changes to the submitted purchase notified to Accace prior to the commencement of respective works will be accepted. Have the works on the purchase already commenced, any changes to the purchase will be subject to additional charges that will be notified to the Consumer prior to such change, unless the respective change does not impact the already executed works.

4.2. Cancellations of purchases are usually not permitted once an order is binding, unless Accace resolves otherwise on an individual basis. The rights of the Consumer withdrawal under law remain without prejudice.

4.3. After consulting with the Consumer, Accace may change the purchase, should the Customer-selected service be inappropriate for the customer-solution. Such changes may include price reductions and, with the Consumer´s approval, price increases.

4.4. Accace contacts the Customer if it receives a purchase for service that is, for the most part, inappropriate for the particular Consumer-solution. In such a case, Accace pledges to advise an appropriate service to be provided to the Consumer with the explanation.

4.5. If a service purchased is declined by Accace, Accace is obliged to revert any respective payments received from the Consumer within 14 days from the date when the purchase was declined.

 

5. Consumer´s withdrawal

5.1. The Consumer has the right to withdraw from binding purchase within 14 days without giving any reason. The withdrawal period will expire 14 days following the day of the conclusion of the agreement. To exercise the right of withdrawal, the Consumer shall inform Accace about the decision to withdraw from the agreement by an unequivocal statement. For this purpose it is possible to use the form for withdrawal from agreement, which forms an inseparable appendix no. 1 of these conditions. After filing you can send the form to our contacts stated below.

5.2. To meet the withdrawal deadline, it is sufficient to send the notice concerning the exercise of the right of withdrawal before the withdrawal period has expired.

5.3. After the withdrawal from the agreement, Accace shall reimburse all payments received in connection with the agreement, mainly the remuneration including the additional costs. The payments shall be sent without undue delay, no later than within 14 days from the day on which Accace has received the withdrawal notice. The payments will be carried out by using the same means as were used for the transaction for services, unless the Consumer expressly agreed with other mean of payment, and so without any additional fees.

 

6. Exception from the Right of Withdrawal

6.1. The Consumer may not withdraw from the agreement if the performance has begun before the expiration of the withdrawal period based on the Consumer´s express approval, and the Consumer declared that he/she had been duly instructed that he/she would lose the right of withdrawal from the agreement after the completion of the services and if the services have been fully performed.

6.2. If the Consumer withdraws from the agreement and before the start of provision of the services the Consumer has granted express approval in terms of the sec. 6.1. of this article, the Consumer shall pay to Accace the amount for the actually performed services until the day of delivery of the notice of withdrawal from the agreement. The amount shall be paid within 30 days after the delivery of the notice of withdrawal from the agreement to the Accace, if not paid in advance. If the Consumer paid for the services in advance, Accace shall return the amount exceeding the cost of the services provided within 14 days following the delivery of the notice of withdrawal from the agreement.

7. Termination of purchase

7.1. Where a purchase requires additional information, Accace will contact the Consumer without undue delay to collect such information. If Accace finds the service purchase inappropriate, it may equally decline the purchase, Art. 4.6. applies accordingly.

7.2. The Consumer is especially entitled to withdraw from the purchase should a delay greater than 30 days occur, unless he/she accepts a subsequent fee reduction for such delay. The reduction must be proportionate to the length of the delay. For the avoidance of doubt, such withdrawal is not governed by the Consumer withdrawal provided in Art. 5 of these T&C´s.

8. Rights from defective performance and performance liability

8.1. If possible, the Consumer inspects the delivered services (especially documents etc.) upon its delivery. Should the delivery be defective, the Consumer is entitled to demand a rectification. The Consumer is especially entitled to:

a) The free-of-charge removal of the defect, if possible;

b) The new delivery;

c) Withdraw from the purchase.

8.2. Rights from defective performances may be exercised within 24 months following their delivery. Such rights cease to exist after the end of said period.

8.3. If the Consumer is entitled to withdraw from the purchase due to the defective deliveries, the Consumer does so by notifying Accace on the below contacts. In such case Accace reverts any respective payments (including shipping costs, if applicable) within 14 days following the date of withdrawal.

8.4. If an exact time of performance of purchase is stipulated with the Consumer and the nature of the purchase indicates that the Consumer can have no interest in a delayed performance, the obligation is extinguished upon the beginning of Accace´s default, unless the Consumer informs Accace without undue delay that he/she insists on the execution of the purchase.

8.5. If applicable, where delivery is defective, whereas the Consumer has been made aware of the defect in advance and of the fact that the price of the service has been reduced for the same, no rights for defective delivery arise from such defect..

8.6. Accace shall not be liable for any damage if the Consumer fails to enable Accace to attempt averting the damage or limiting its scope. Accace shall not be liable for the services provided verbally and for the free of charge services.

8.7. Accace shall be liable to the Consumer exclusively for the damage caused in connection with the provision of the services.

8.8. The Consumer undertakes to notify Accace of any damage or any threat of damage in connection with provided services without undue delay.

8.9. Accace hereby informs the Consumer that Accace shall not bear liability for any damage especially:

a) if the Consumer deviated from the procedure proposed by Accace to the Consumer in a written standpoint;

b) if the Consumer submitted incorrect and/or incomplete documentation and information to Accace;

c) if the Consumer insisted that Accace processed the documentation and information in a manner that led to errors or damage;

d) if Accace acted or performed the service following the specific written instructions or request of the Consumer or the Consumer’s advisors, auditors or representatives.

9. Communication

9.1. The Accace’s contact point for the Consumer at performing the duties in connection with providing services, including the reclamation, complaint and claims is follows:

E-mail: slovakia@accace.com
Tel.: + 421 232 553 000

10. Alternative dispute resolution

10.1. In case the Consumer is not satisfied with the execution of the complaint about the provision of service by Accace or if the Consumer assumes that Accace has breached his/her rights in any other way, the Consumer shall have the right to turn to Accace with the request for correction. If Accace shall response negatively to such request or shall not response at all within 30 days from the date of its posting, the Consumer is entitled to appeal to the alternative dispute resolution office.

10.2. Alternative dispute resolution office is the Slovak Trade Inspection, Central Inspectorate, department for international relations and alternative dispute resolution of consumers disputes, Bajkalská 21/A, 827 99 Bratislava or other relevant legal person registered in the list of alternative dispute resolutions offices led by the Ministry of Economy of the Slovak Republic (the list is available on the website www.mhsr.sk).

10.3. The Consumer is entitled to choose the alternative dispute resolution office. The Consumer is entitled to use for the filing of the request for the alternative dispute resolution also the on-line platform for alternative dispute resolution that is available on the website http://ec.europa.eu/consumers/odr/.

11. Delivery

11.1. Where applicable, delivery of the results of the purchased services will be conducted by means of e-mail or other long-distance storages (cloud).

11.2. Where a physical delivery is required, the residential address indicated by the Consumer or in the user account of the Registered user will be applied. The Consumer bears any costs associated with declined delivery.

12. Price and payment conditions

12.1. The final price including VAT will be calculated based on the information assigned by the Consumer and will be made available prior to the submission of the purchase..

12.2. Price is due depending on the selected payment method. The Consumer may usually choose between immediate credit card payment or subsequent payment by means of a wire transfer. Under any payment method, the Consumer receives a formal invoice. Payment upon delivery is only possible where physical delivery takes place.

12.3. Where a physical delivery takes places, the shipping costs are indicated to the Consumer prior to the purchase and charged along with the purchase price.

12.4. Should the payment be due prior to the delivery of a service, the payment is considered an advance payment. The advance payment represents the whole purchase price, unless the Consumer requires changes that do not result from any defects.

12.5. Accace informs the Consumer of any successful payments.

12.6. Accace reserves the right to change any payment methods at any given time, even without giving reason.

13. Personal data

13.1. The personal data provided by the Client for the purpose of conclusion of the agreement on provision of services and performance of this agreement, will be processed by Accace in terms of the Art. 13 section 1 (b) of the act No. 18/2018 Coll. on personal data protection and on changes and amendments of other acts as amended and in compliance with this act. More information about the personal data processing by Accace you may find here.

13.2. The Consumer´s data is processed only for the purposes of performance of the purchased services and their delivery on the basis of these T&C´s.

14. Term

14.1. The agreement shall be concluded for a definite period of time, namely until the fulfilment of the scope for which it was concluded.

15. Final provisions

15.1. In accordance with anti-money laundering legislation binding in the Slovak Republic and the internal Accace´s policy, Accace may be obliged to follow the provision of the applicable anti-money laundering legislation and among others, to identify and verify the Consumer. The Consumer is hereby aware that he/she is obliged to provide Accace with all required information and data as well as to submit all relevant documents. In case the Consumer refuses to provide their cooperation in this matter, Accace is not obliged to provide the services and is entitled to withdraw from the contract. Should the Consumer have paid for the services already, Accace will return the payment in full within 14 (fourteen) days as of the withdrawal.

15.2. Accace do not offer their services in other jurisdictions than in the Slovak Republic. Should you require counsel in other country, please refer to one of our branches (see list here).

15.3. Mutual disputes between Accace and the Consumer are to be settled by the applicable courts.