General Terms and Conditions

These General Terms and Conditions set out in detail the framework of the legal relationship between the Company and the Visitor arising from browsing the content of the Website. Visitors are bound by the rules set out in these General Terms and Conditions from the moment they assume the status of a Visitor.

Legal relationships not governed by these General Terms and Conditions are governed by the relevant generally binding legal regulations applicable and effective in the territory of the Slovak Republic, in particular by Act No. 513/1991 Coll. Commercial Code, as amended, and Act No. 185/2015 Coll. Copyright Act, as amended (hereinafter also referred to as the “Copyright Act” in the relevant grammatical form), regardless of whether the Visitor or the Customer are business entities registered abroad or are natural persons who are citizens of the Slovak Republic or other states other than the Slovak Republic.

The Company is a commercial company established, formed, and registered in the relevant registers in accordance with the relevant generally binding legal regulations applicable and effective in the territory of the Slovak Republic, and is authorised to carry out business activity in such a way that it can be the operator of the Website and the Internet application, and at the same time be able to grant the Licence in accordance with these General Terms and Conditions.

For the purposes of these General Terms and Conditions, the Website means the internet website whose content is displayed to the Visitor or the Customer in a standard internet browser after the domain address is entered in the form of www.xiaomiplanet.sk, or will be displayed after the Visitors are redirected from another internet website. To exclude any doubts, it is established that, for the purposes of these General Terms and Conditions, the Website means any part of the Website identified via a subdomain address to the domain address according to the first sentence of this paragraph. The operator of the Website is the Company. The Company decides on the Content of the website, in particular it decides on the structure of the Website, the graphic depiction of its parts and overall, the composition of the Content of the Website, and the scope and placement of required and published information.

For the purposes of these General Terms and Conditions, the Content of the website means all multimedia, graphic, text, or other content that is different from the Internet application and that is displayed to the Visitor when browsing the Website or viewing the Website. The Company exercises all proprietary rights of the authors or other persons who, through their creative intellectual activity, took part in creating the relevant content and also holds all rights to the Content of the Website that is not protected as an object of protection by the law in the field of intellectual property rights. Whenever the term Content of the Website is used in these General Terms and Conditions, it means the content of the Website as a whole and, at the same time, each of its parts, unless otherwise stipulated in these General Terms and Conditions. Without the Company’s prior consent, the Visitor has no right to use the Content of the Website or any part of it other than when viewing the Website.

A Visitor, for the purposes of these General Terms of Sale, is a natural or legal person who, within the environment of a standard Internet browser, enters into the address bar the domain address in the form of www.xiaomiplanet.sk or the address of any subdomain of that domain, and as a result the Internet Page Content is displayed or there is a redirection to the Internet Page Content, in particular but not exclusively from the environment of Internet search services or from another Internet website, and the Internet Page Content is displayed.

For the purposes of these General Terms of Sale, a Technical Device is a device containing hardware and software equipment that enables connection to the Internet Page in the environment of the electronic communications network Internet, viewing the Internet Page content, and using the service—particularly a personal computer or laptop or tablet or smartphone. For the use of the Technical Device in connection with viewing the Internet Page or using the Internet Application, the sole responsible person is the one who views the Internet Page.

GDPR, for the purposes of these General Terms of Sale, is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.

The Personal Data Protection Act, for the purposes of these General Terms of Sale, is Act No. 18/2018 Z.z. of the National Council of the Slovak Republic on the protection of personal data and on amending and supplementing certain laws, as amended.

The Visitor has the right to view the Internet Page Content using the Technical Device.

When viewing the Internet Page and any part of the Internet Page Content, the Visitor is obliged to act in such a way that their conduct does not interfere with the rights of the Company or other Visitors or third parties. If such interference occurs, the Visitor is independently responsible for the consequences of this interference, without the Company’s involvement.

The Visitor may not, from the environment of the Internet Page, perform any physical download (so-called download) of the Internet Page Content or any of its parts to the Technical Device beyond the Internet Page Content designated by the Company for download to the Technical Device, nor may they make any visual or audio or audio-visual recordings from the Internet Page content. If the Visitor breaches these obligations, they are liable for all damage that arises for the Company or other Visitors or third parties.

The Visitor has the right to download the part of the Internet Page Content that the Company designates for this purpose, provided that when doing so they are obliged to follow the Company’s instructions. In the event of non-compliance with the Company’s instructions, any right of the Visitor to compensation for any potential damage ceases.

If the Internet Page Content includes a space for expressing the Visitor’s opinion or other statement regarding a specific fact, the Visitor is likewise obliged to proceed in accordance with the provision of Article II, Section 2.2 of these General Terms of Sale. If it is possible to anticipate such interference or if it occurs, the Company reserves the right to remove such an opinion from the Internet Page Content unilaterally. For the avoidance of doubt, it is established that the Company is not responsible for any opinion displayed through the Internet Page; responsibility for the content of the opinion or other statement and any breach of generally binding legal regulations in force and effective in the territory of the Slovak Republic is borne separately by the Visitor.

The Visitor may not, in discussions, prevent other participants from discussing or add posts; they may not misuse the space intended for discussion, in particular for carrying out promotion of their own person, other persons, goods, or services.

The Visitor is not entitled to any remuneration for a post in a discussion or on a forum.

In the event of a breach of the Visitor’s obligations, the Company is entitled to remove any content that the Visitor has added to the Website environment.

It is established that the Company has the right to store temporary or permanent files, so-called cookies, on the Visitor’s Technical Device in order to facilitate communication between the Company and the Visitor. The Visitor confirms this by clicking the relevant link regarding consent to storing such files on the Technical Device.

The Company ensures that the Website is accessible without outages or other interruptions. A breach of the Company’s obligations shall not be deemed to include an interruption or outage of the Website due to circumstances excluding liability in accordance with Article VIII of these General Terms and Conditions. Nor shall a breach of obligations be deemed to include an interruption or outage of the Website due to the Company’s regular or extraordinary service interventions.

The Company is obliged to take all actions that can objectively be expected by the Visitor, given the Company’s business, economic, and property circumstances, in order to prevent damage to the Visitor’s property. The Company shall not be liable for any damage to the Visitor’s property that arises as a result of a breach of their obligations.

The Company has further rights and obligations under the other provisions of these General Terms and Conditions.

The Company reserves the right to unilaterally supplement or amend these General Terms and Conditions if required to protect the Company’s or the Visitors’ rights or legitimate interests, or those of third parties.

The Company and the Visitor are required to pay increased attention to preventing damage, in particular to general prevention of damage occurring. The Visitor is obliged to notify the Company of obstacles that prevent or will prevent them from fulfilling their obligations under these General Terms and Conditions and of the consequences of failure to comply. The information must be provided without undue delay after the obliged party becomes aware of the obstacle, or could have become aware of it with due care.

Each party to the legal relationship has the right to compensation for damage caused as a result of a breach of obligations by another party to the legal relationship, except where liability is excluded under these General Terms and Conditions.

In the event that circumstances excluding the Company’s liability occur, the Company is obliged to inform the Client of these circumstances without delay.

The parties to the legal relationship under these General Terms and Conditions undertake to take all available measures for the specific resolution of any disputes and disagreements that may arise from a failure to fulfill the obligations of the obligated party and to resolve the resulting situation through mutual settlement. Disputes that could arise as a result of a failure to fulfill obligations under these General Terms and Conditions will be subject to proceedings before the competent general courts of the Slovak Republic and in accordance with generally binding legal regulations in force and effective in the territory of the Slovak Republic.

The terminology used in the content of this article has the same meaning as the same terminology used in the GDPR and the Personal Data Protection Act.

For the purposes of this article of these General Terms and Conditions, the data subject means the Visitor, if the Visitor is a natural person. The controller is the Company.

Pursuant to the provisions of Article 6, paragraph 1, letter b) of the GDPR, the Company processes the personal data of the data subject, which are: first name, last name, e-mail address.

The data subject declares that all personal data about themselves that the data subject has provided to the Company were provided freely and seriously and that their will in this action was genuine and without error. At the same time, the data subject declares that all personal data provided by them are complete, up to date, and true and relate only to the data subject who provides the personal data.

The legal basis for processing personal data is

a) granting the Data Subject’s consent to the processing of personal data in accordance with Article 6, paragraph 1, letter b) of the GDPR.

The purpose of processing personal data in accordance with Article VI, paragraph 6.4 of these General Terms and Conditions is the collection, storage and processing of personal data by the Company and its use in actions related to the use of the Website by the Data Subject and by other Data Subjects, including any communication with the Data Subject, as well as for the Company’s own marketing purposes, for the purposes of sending information about the Website or other services or products of the Company, including by electronic means (e-mail, SMS).

The Data Subject bears full responsibility for any damage caused by the incorrectness or out-of-date nature of the provided personal data or by the disclosure of personal data of another person instead of the Data Subject.

The Data Subject has the right to withdraw the granted consent at any time in writing. The withdrawal of consent becomes effective on the day it is delivered to the Company.

The Data Subject’s personal data is protected in accordance with the provisions of the Personal Data Protection Act and the GDPR.

The Company undertakes to take all measures necessary for effective security of the Data Subject’s personal data, as well as to secure all data, database and postal files of the Data Subject against loss, damage or destruction.

Pursuant to Article 13 of the GDPR, the Company notifies the Data Subject of the following information:

Identification details of the Controller:

Planets s.r.o., Company ID 52 215 113 with registered office at Sedličná 114, 913 11 Trenčianske Stankovce e-mail: info(at)xiaomiplanet.sk

The purpose of processing personal data is defined in Article VI, paragraph 6.6 of these General Terms and Conditions,

The legal basis for processing personal data is defined in Article VI, paragraph 6.5 of these General Terms and Conditions,

The list of personal data is defined in Article VI, paragraph 6.3 of these General Terms and Conditions.

In specific cases, where for the proper use of the Internet application it is necessary and indispensable to provide the Data Subject’s personal data to a third party or to transfer personal data to a third country, the Company will inform the Data Subject of this fact.

The Company retains the Data Subject’s personal data for the entire period of at most 10 years, or until the Data Subject withdraws consent.

The Data Subject has the right to request from the Company access to personal data relating to the Data Subject, the right to rectify personal data, the right to erase personal data or the right to restrict the processing of personal data, the right to object to the processing of personal data, as well as the right to data portability.

In the event that the Data Subject suspects that their personal data are being processed unlawfully, the Data Subject has the right to file a proposal to initiate proceedings for the protection of personal data with the Office for Personal Data Protection of the Slovak Republic pursuant to Section 100 of the Personal Data Protection Act.

The Company draws the Data Subject’s attention to the provisions of Articles 15 to 22 and Article 34 of the GDPR, under which the Data Subject has the following rights:

Right of access to personal data under Article 15 of the GDPR: The Data Subject has the right to obtain from the Company confirmation as to whether personal data relating to them are being processed. The Data Subject has the right to access these personal data and the information listed in Article VI, paragraph 6.3 of these General Terms and Conditions.

Right to rectification of personal data under Article 16 of the GDPR: The Data Subject has the right to have the Company rectify incorrect personal data relating to them without undue delay. In light of the purpose of processing personal data, the Data Subject has the right to have incomplete personal data completed.

Right to erasure of personal data under Art. 17 GDPR: The data subject shall have the right to have the Company delete without undue delay personal data concerning them, if the data subject has exercised the right to erasure and if (A) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, (B) the data subject withdraws consent on which the processing of personal data is based, and there is no other legal ground for the processing of personal data, (C) the data subject objects to the processing of personal data and there are no overriding legitimate grounds for the processing or the data subject objects to the processing for the purpose of direct marketing, (D) personal data have been processed unlawfully, (E) erasure is necessary for compliance with an obligation under GDPR, the Personal Data Protection Act, a special regulation, or an international agreement to which the Slovak Republic is bound, (F) the personal data were obtained in connection with the offering of information society services.

Right to restriction of processing of personal data under Art. 18 GDPR: The data subject shall have the right to have the Company restrict the processing of personal data concerning the data subject if: (A) the data subject contests the accuracy of personal data, for a period that enables the Company to verify the accuracy of the personal data, (B) the processing of personal data is unlawful and the data subject objects to the erasure of personal data and requests instead the restriction of their use, (C) the Company no longer needs personal data for the purposes of processing personal data, but the data subject needs them for the establishment, exercise or defence of legal claims, (D) the data subject objects to the processing of personal data, until verification is carried out as to whether the legitimate grounds of the Company override those of the data subject. The Company shall inform the data subject whose personal data processing is restricted before the restriction is lifted.

Right to information about rectification, erasure or restriction of processing of personal data under Art. 19 GDPR: Where requested by the data subject, the Company shall be required to inform the data subject about the recipients to whom the Company has communicated the rectification of personal data, the erasure of personal data or the restriction of processing of personal data.

Right to data portability under Art. 20 GDPR: The data subject has the right to receive personal data concerning them which they have provided to the Company in a structured, commonly used and machine-readable format and has the right to transmit those personal data to another controller.

Right to object to processing of personal data under Art. 21 GDPR: The data subject shall have the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on a legal basis that the processing is necessary for the performance of a task carried out in the public interest or that the processing is necessary for the purposes of the legitimate interests of the Company or a third party, including profiling based on those provisions. The Company may no longer process personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or grounds for the establishment, exercise or defence of legal claims. The data subject shall have the right to object to the processing of personal data concerning them for the purpose of direct marketing, including profiling insofar as it is related to such direct marketing.

Under Art. 22 GDPR, the data subject has the right not to be subject to a decision based solely on automated processing of personal data, including profiling, which produces legal effects concerning them or similarly significantly affects them.

Under Art. 34 GDPR, the data subject has the right for the Company to notify them without undue delay of a personal data breach where such personal data breach is likely to result in a high risk to the rights and freedoms of a natural person.

The Company is obliged to provide the Data Subject with information upon request pursuant to Article 13 GDPR and notifications pursuant to Article 15 to 22 and Article 34 GDPR relating to the processing of their personal data. The Company shall provide the information in documentary form or in electronic form, generally in the same form in which the request was submitted. If the Data Subject requests it, the Company may provide the information orally, provided that the Data Subject proves their identity by other reasonable means. When exercising the rights pursuant to Article 15 to 22 GDPR, the Company is obliged to provide the Data Subject with assistance.

The Company is obliged to provide the Data Subject with information pursuant to Article VI( 6.16 ) of these general terms and conditions within one month from the receipt of the Data Subject’s request. In justified cases, taking into account the complexity and the number of requests, the Company may extend this period by a further two months, and this may be repeated. The Company is obliged to inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for the extension.

The Company provides information pursuant to Article VI( 6.16 ) of these general terms and conditions free of charge.

If the Data Subject’s request is clearly unfounded or unreasonable, in particular because of its repetitive nature, the Company has the right to charge an appropriate fee taking into account the administrative costs of providing the information, or an appropriate fee taking into account the administrative costs of providing the notification, or an appropriate fee taking into account the administrative costs of carrying out the requested measure, or to refuse to act on the basis of the request.

Regarding any restriction of the Data Subject’s rights in accordance with and pursuant to Article 23 GDPR and Section 30 of the Data Protection Act, the Company shall inform the Data Subject if the purpose of the restriction is not jeopardised.

If the Data Subject signs up for the waiting list for Chinese electric vehicles (form in the articles on the Website), the Company, based on their explicit consent pursuant to Article 6( 1 ) point (a) GDPR, processes their email address and voluntarily provided answers (preferred model, budget and purchase time horizon) for the purpose of sending notifications about availability and import options for Chinese electric vehicles, including information about the price. Consent is confirmed by clicking the link in the verification email (double opt-in); to demonstrate consent, the time it was granted and the cryptographic hash of the IP address are stored (the IP address itself is not stored). Unverified sign-ups are automatically deleted after 30 days. Consent may be withdrawn at any time by clicking the unsubscribe link in any email sent or by email to info(at)xiaomiplanet.sk; withdrawing consent ends the sending of notifications.

Our website uses cookie files for the purpose of improving the provision of services to Visitors. Cookie files are small text files that the visited website stores on your computer or mobile device / tablet or phone. During your next visit to the same website, they then allow you to use the same settings. Cookie files contain personally identifiable information, such as your name or email address—of course only if you have previously provided that information to the website.

Cookies can make it easier for you to use the site. For example, the website remembers that you have logged in under your nickname and you don’t need to enter your login details again when the site loads next time. By using cookie files, no obligations regarding the protection of personal data are violated; we do not use them to collect personal data.

Cookie files may be temporary or permanent. Temporary cookie files, or session cookies, are deleted after you close the web browser window. Permanent cookie files remain stored on your computer even after you close the web browser window. These cookie files can then only be read by the server that created them.

The use of cookies can be set up using your web browser. Most browsers automatically accept cookies as part of their initial settings. You can refuse cookies or set your browser to use only certain cookie files through your web browser.

Collected cookie files are processed primarily through the Google Analytics service, operated by Google Inc., with the address 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The collected cookie files are subsequently processed by Google Inc. in accordance with the Privacy Policy, available at https://policies.google.com/privacy

On the website, we also use social network cookies from Facebook and Instagram, which help improve ad targeting. The data from these cookies is obtained directly by their operators.

The company uses third-party applications and services on the website, whose use is governed by separate terms available at the following links:

- newsletter service: MailerLite (https://mailerlite.com)

- article notification subscription service: OneSignal (https://onesignal.com)

- comments service under articles: Disqus (https://disqus.com)

These general terms and conditions enter into force and become effective on the day 12.2.2019 upon their publication on the Website.

All rights and obligations of the parties to the legal relationship governed by these general terms and conditions are governed by the laws of the Slovak Republic, and disputes between the parties to this legal relationship will be considered and decided on a matter-of-fact and territorial basis by the competent general courts of the Slovak Republic.