TERMS AND CONDITIONS

 Of company Fiala Prop, s.r.o. with its registered office at Vysoká 56, Identification Number: 26792591 registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 27256 for the sale of goods through an online shop located at www.vrtule-fiala.cz

  • INTRODUCTORY PROVISIONS

      1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of Fiala Prop, s.r.o. with the registered office at Vysoká 56 Identification number: 26792591 Registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert (hereinafter referred to as the "Seller"), in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code , as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with a Purchase Contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another individual (the "Buyer" seller's internet store. The e-shop is operated by the seller on a web site located at www.vrtule-fiala.cz referred as the"website") through the web interface (hereinafter referred to as the "web interface of the shop").

  • Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.

 

  • Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

  • Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in Czech and English. The purchase contract can be concluded in Czech and English.

  • The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

  • 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.

  • CONCLUSION OF THE PURCHASE CONTRACT

  • All presentations of the goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.

  • 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.

  • 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.

  • 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.

  • The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.

  • 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. 3.6.), 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.

  • Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

 

  • WITHDRAWAL FROM CONTRACT

  • The Buyer notes that under Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the delivery of perishable goods, after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the supply of a sound or image recording or a computer program, packaging.

      1. 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 info@fialaprop.cz

 

  • In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 (14) days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.

  • In the event of withdrawal from the Purchase Agreement in accordance with Clause 5.2 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.

  • The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.

 

  • In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer's account.

  • If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.

 

  • 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.

  • LIABILITY FOR DEFECTS, GUARANTEE

  • The rights and obligations of the parties regarding the rights of defective performance shall be governed by generally binding 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 to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:

  • the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,

  • the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,

  • the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,

  • the goods are in the appropriate quantity, degree or weight

  • goods comply with legal requirements.

  • The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods due to its normal use, buyer, or if it results from the nature of the goods.

  • If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.

  • Rights to defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business

  • Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.

  • OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

  • The buyer acquires ownership of the goods by paying the entire purchase price.

  • The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.

  • Consumer complaints are handled by the seller through the electronic address info@fialaprop.cz. Buyer information will be sent to the buyer's electronic address.

  • The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.

  • European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).

  • The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.

  • The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.

 

  • PROTECTION OF PERSONAL DATA

  • Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) ( hereinafter referred to as the "GDPR Regulation") relating to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purposes of negotiations on this contract and for the fulfillment of the public obligations of the seller, is fulfilled by the seller through a special document.

 

  • SENDING BUSINESS DATA AND STORAGE COOKIES

  • Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address. The information obligation towards the buyer, within the meaning of Article 13 of the GDPR, related to the processing of buyer's personal data for the purpose of sending commercial communications, is fulfilled by the seller through a special document.

 

  • Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.

 

 

  • DELIVERY

  • The buyer may be delivered to the buyer's electronic address.

  • FINAL PROVISIONS

  • If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the right under the previous sentence, a buyer who is a consumer is not deprived of the protection afforded to him by provisions of the legal order from which he can not be contracted and which would otherwise apply in the absence of choice of law under Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

  • If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

  • The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

  • The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.

  • Contact details seller: postal address Vysoká 56, 756 41 Lešná, e-mail address: info@fialaprop.cz, phone: +420 732 682 554.

 

Vysoká 24.5. 2018