TERMS AND CONDITIONS
1. PRELIMINARY PROVISIONS
- These terms and conditions ("Terms and Conditions") and the Complaints Procedure Internet commerce companies Fiala Prop s.r.o.. apply to the purchase in the online store www.vrtule-fiala.cz when the seller and the operator of an online store is the company Fiala Ltd. Prop., High 56 756 41 Lešná, ID: 26792591, Tax ID: CZ26792591, registered in the Commercial Register maintained by the Regional Court in Ostrava section C, insert 27256th
- Definition of terms:
- The seller is a legal person who at the conclusion of the contract and acting within their business. Seller directly or through other business supplies buyer with products or services.
- Buyer - Consumer every buyer, unless the buyer-other entity, as defined in Section III.
- Buyer - another entity such buyer who is an entrepreneur and when the contract is clear from the circumstances that the purchase relates to his business. While the entrepreneur is a person who independently carries out on its own account and responsibility of gainful employment a trade or similar means with the intention to do so consistently for profit. For the entrepreneur is also considered every person who enters into a contract related to its own business, manufacturing or similar activities, or if a separate exercise of their profession, or a person acting for or on behalf of the entrepreneur.
- Subject of purchase - subject to purchase pursuant to the purchase agreement, the goods listed in the binding order confirmation by the seller, who will sign a purchase agreement (hereinafter "goods"). Information about the products is available at www.vrtule-fiala.cz and are based on the currently available data and information. Crucial are the specifications of goods including the purchase price when the buyer delivers the order to the seller and which are listed in the order summary.
- Prices are negotiable and are always given including VAT, as the seller is a VAT payer. The price of shipping will be added according to the rules laid down in the order.
- Commercial Terms also govern the rights and obligations when using the Web site located at Seller www.vrtule-fiala.cz (hereinafter the "Website") and other related legal relations. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller, is ordering goods in the course of their business.
- The provisions derogate from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
- The provisions of trade conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in Czech or English. The purchase agreement may be concluded either Czech or English.
- The text of trading conditions can be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
- If the buyer is a consumer as defined in point II.výše, relations not governed by these terms and conditions Act no. 89/2012 Coll., Civil Code, as amended (the "Civil Code") and Act No. 634 / 1992Sb. on consumer protection, as amended (hereinafter the "Consumer Protection Act").
- If the buyer is an entity other than a consumer, as defined in Section III. above, relations not governed by these terms and conditions of the Civil Code (while under § 2158, paragraph. 1 of the Civil Code, the provisions of § 2158 to § 2174 of the Civil Code do not apply).
2. USER ACCOUNT
- Following the registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows you to store, buyers can also order goods without registration directly from the web interface business.
- When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account is a buyer during any amendments required to update. The data referred to by the buyer in the user account and ordering goods by the seller are deemed correct.
- Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account and acknowledges that Seller shall not be liable for breach of this obligation by the buyer.
- The buyer is not entitled to allow the use of a user account to third parties.
- The Seller may cancel a user account, especially when the buyer your user account for more than 12 months is not used, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
- The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
- Web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of goods offered are inclusive of VAT and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a sales contract under individually negotiated conditions. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
- Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods, the buyer fills an order form in the web interface business. Order form contains particular information about:
- Ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
- Method of payment of the purchase price, details of the desired method of delivery of goods ordered and
- Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
- Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even considering the option buyer to detect and correct errors during data entry into the order. The order sends the buyer clicking on the "send" button. The data specified in the order by the seller are deemed correct. Seller immediately upon receiving the order the receipt to the buyer confirms by e-mail, at the e-mail address Buyer provided in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
- The Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
- The contractual relationship between the seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer exclusively by e-mail, and electronic mail address of the buyer.
- Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached the purchase contract (including terms and conditions).
- A buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) borne by the Buyer.
4. THE PURCHASE PRICE OF GOODS AND PAYMENT TERMS
- Prize of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways:
- In cash by the seller at Fiala Prop s.r.o.., Vysoká 56, 756 41 Lešná
- Cash on delivery at the place designated by the buyer in order;
- Bank transfer to the seller's account 6844370287/0100 crown, led by Komercni banka, a.s. or on behalf of the seller Euro 107-2154520227 / 0100 led by Komercni banka, a.s.. , IBAN : CZ8601000001072154520227, BIC : KOMBCZPPXXX (Hereinafter the "Seller Account");
- Along with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods. The goods are dispatched to a proper settlement of the order, unless agreed otherwise.
- In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In case of cashless payment, the purchase price is due within 5 days of the purchase contract.
- In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
- The Seller is entitled, especially if the Buyer does not provide for additional confirmation (Art. 3.5), require payment of the full purchase price before sending the goods to the buyer.
- Possible discounts on the price of goods provided by the seller to the buyer can not be combined.
- If in trade usual or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued after the ordered goods and sent electronically to the buyer. A copy of the invoice enclosed with the goods in the consignment or physically handed over a personal collection of goods.
5. WITHDRAWAL FROM CONCRACT
- Buyer acknowledges that according to § 53 paragraph. 8 of the Act no. 40/1964 Coll., Civil Code, as amended (the "Civil Code"), among others, can not withdraw from the contract for the supply of goods adjusted as desired by the buyer, as well as goods subject to rapid deterioration, wear and tear, from contract to delivery of audio and video recordings and computer programs if a consumer destroyed their original packaging, and the purchase contract for the supply of newspapers, periodicals and magazines .
- If this is not a case under Art. 5.1 hereof, or of any other case where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code the right to withdraw from the contract, within fourteen (14) days of receipt of goods, in which case the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the period mentioned in the previous sentence .. withdraw from the contract seller must be demonstrably delivered within fourteen (14) days of receipt of goods, and the address of the seller or the seller's e-mail address
- In case of withdrawal pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the seller within 14 working days from dispatch of withdrawal to the Buyer. In the event that the purchaser breaches an obligation under the preceding sentence, the Seller is entitled to a contractual penalty of CZK 100 (in words: one hundred Czech crowns) for each day of delay, up to the purchase price of the goods. This provision shall not affect the right to compensation for any damages resulting from breach of duty, which is subject to a penalty, even if the damage exceeds the penalty. The goods must be returned to the seller undamaged condition and, if possible, in the original packaging.
- Within fifteen (15) days from the return of goods by the buyer pursuant to Art. 5.3 The Seller is entitled to examine the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed.
- In case of withdrawal pursuant to Art. 5.2 seller returns the purchase price (excluding cost of delivery) to the buyer within fifteen (15) days from the deadline for examination of goods pursuant to Art. 5.4 of business conditions, bank transfer to the account designated by the buyer. The seller is also entitled to return the purchase price in cash at the time of returning the goods.
- The Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. Is entitled to compensation, the seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price. Likewise entitled to a contractual penalty pursuant to Art. 5.3 The Seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
6. TRANSPORTATION AND DELIVERY
- A method of delivery and the price of goods is determined by the seller, unless the purchase contract states otherwise. In the event that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
- If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery. If the buyer does not take the goods on delivery, the seller is entitled to charge a storage fee of CZK 100 (in words: one hundred Czech crowns) and is entitled to withdraw from the contract.
- In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
- When receiving goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding violations package indicative of unauthorized intrusion into consignment Buyer may assume the shipment from the carrier. By signing the delivery note buyer confirms that the shipment of goods meet all terms and conditions and any further claims of infringement of container shipments can not be disregarded.
- Other rights and obligations of the parties in the transport of goods may modify the delivery conditions of the seller.
7. LIABILITY FOR DEFECTS, GUARANTEE
- The rights and obligations of the parties regarding the rights of defective performance shall be governed by obecnězávaznými legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., On consumer protection , as amended).
- The seller is responsible for the buyer that the sold item is in conformity with the contract, and that it is free from defects. Coincidentally with the purchase agreement means that the thing sold has the quality and properties required by the contract, the seller, manufacturer or its representative, or on the basis of their expected by the ads, or the quality and possess properties that are of the same kind that meets the requirements of legislation it is in the correct quantity, measure or weight and corresponds to the purpose for which the seller says things or for that matter normally used.
- In the event that the matter on receipt by the buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer has the right to the seller free of charge and without undue delay, put the product in accordance with the purchase contract, as required by exchanging the buyer or repairing; if such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. Conflict with the contract, which will take effect within six (6) months from the date of the takeover is considered a contradiction existing in its takeover, if not in the nature of things or if it is proven otherwise.
- Not if the things that are perishable or used goods, the seller is responsible for defects that become apparent as the conflict with the contract after the item within the warranty period (guarantee).
- The rights of the buyer arising from the seller's liability for defects, including the warranty liability of the seller, the buyer applies for the seller at his establishment.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- The buyer acquires ownership of the goods by paying the entire purchase price.
- The buyer acknowledges that the software and other content of the web interface of trade (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that could allow him or third persons to unlawfully interfere with or use the software or other content of the web interface business.
- The buyer is not entitled to use the Web interface to use trade mechanisms, software or other actions that could adversely affect the operation of the web interface business. Web interface can be used only to the extent that it is not at the expense of the rights of other customers and the seller which is consistent with its purpose.
- The Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
- The Buyer acknowledges that Seller shall not be liable for errors caused by interference of third parties to the website or arising from use of the Web site in ways not intended.
- extrajudicial resolution of consumer disputes arising from the purchase agreement, the Czech Trade Inspection, headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz.
- The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
9. PROTECTION OF PERSONAL DATA AND SENDING OF BUSINESS COMMUNICATION
- Privacy purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
- The buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal information").
- The buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
- The buyer acknowledges that he is obliged your personal data (for registration, in your user account when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
- Processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
- Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
- The Buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information. The buyer claims he was instructed that consent to the processing of personal data in relation to the seller revoke a written notice delivered to the address of the seller.
- In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data is inaccurate with regard to the purpose of their processing, can:
- ask the seller or processor for explanation
- require the seller or the processor rectifies the situation. You may in particular blocking, correction, supplementing or liquidation of personal data. If the buyer's request under the preceding sentence is found justified, the seller or processor to remove the trouble. If the seller fails or processor, the buyer has the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect the buyer's permission to turn his initiative to the Office for Personal Data Protection.
- If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
- The Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial communications by the seller to the buyer's email address.
10. SENDING COMMERCIAL MESSAGES ,COOKIES AND STORAGE
- Unless specified otherwise, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by electronic mail, in person or by postal service (selected by the sender). The buyer is delivered to the email address specified in his user account.
- The report is delivered:
- In case of delivery by e-mail upon receipt of incoming mail server; the integrity of the messages sent by electronic mail may be secured by a certificate,
- In case of delivery in person or by postal services takeover shipment addressee,
- In case of delivery in person or through the postal service also denying receipt of the consignment, denies If the addressee (or person authorized to accept the consignment for him) to accept the consignment,
- In case of delivery by postal services to the expiry of the ten (10) days from the shipment and taxes prompted the addressee to accept the shipment, if there is the shipment with the postal service, even if the addressee has knowledge of the deposition .
- The buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial communications by the seller to the buyer's email address.
- The Buyer agrees with the storage Cookies on his computer. In the event that a purchase on the website can be made, and commitments agreed sales contracts to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the previous sentence at any time.
11. FINAL PROVISIONS
- If a relationship related to use of the Web site or the legal relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
- The seller is entitled to sell goods on the basis of trade license and activity of the seller is not subject to any other permissions. Trade inspection carried out under its authority the Trade Office.
- If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase agreement or terms and conditions require written form.
- Purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
- Contact details seller: postal address Vysoká 56, 756 41 Lešná, e-mail address: firstname.lastname@example.org, phone: +420 603 509 514.
Vysoká 23.8. 2016