BUSINESS TERMS AND CONDITIONS
of the commercial company
with the registered office at Málkov 10, 267 01 Králův Dvůr
Company Identification No.: 26512700
incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, Insert 86861
for the sale of goods via the e-shop located at the website www.sklo-interier.cz
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms”) of the commercial company WAGA s.r.o., with the registered office at Málkov 10, 267 01 Králův Dvůr, Company Identification No.: 26512700, incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, Insert 86861 (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the Contracting Parties, established in connection with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller´s e-shop, in accordance with Section 1751(1) of the Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”). The e-shop is operated by the Seller at the website located at the internet address www.sklo-interier.cz (hereinafter referred to as the “Website”) via the website interface (hereinafter referred to as the “E-shop Web Interface”).
1.2. The Business Terms shall not apply to cases when a person intending to buy the goods from the Seller is a legal person or a person acting in terms of his/her business activity or self-employment when ordering the goods.
1.3. The provisions different from these Business Terms may be agreed in the Purchase Agreement. The different provisions in the Purchase Agreement shall prevail over the provisions hereof.
1.4. The provisions hereof are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms are executed in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller may change or amend the wording of the Business Terms. This provision shall not affect the rights and obligations established during the legal force of the previous wording of the Business Terms.
2. USER ACCOUNT
2.1. Based on the Buyer´s registration made at the Website, the Buyer may access its user interface where it is possible to order the goods (hereinafter referred to as the “User Account”). In case the E-shop Web Interface enables it, the Buyer may order the goods also without any registration directly from the E-shop Web Interface.
2.2. When registering at the Website and ordering the goods, the Buyer is obliged to state correct and accurate data. The Buyer is obliged to update the data stated in the User Account in case of any change. The data stated by the Buyer in the User Account and when ordering the goods is considered by the Seller as correct.
2.3. The access to the User Account is secured by a user name and password. The Buyer is obliged to keep confidentiality about the information necessary for the access to its User Account.
2.4. The Buyer is not entitled to enable any third party to use its User Account.
2.5. The Seller may cancel the User Account, mainly in case the Buyer has not used its User Account for more than 2 years or when the Buyer breaches its obligations arising from the Purchase Agreement (including the Business Terms).
2.6. The Buyer acknowledges that the User Account does not have to be available continually, mainly with respect to the necessary maintenance of the Seller´s hardware and software equipment, eventually to the necessary maintenance of hardware and software equipment of the third parties.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1. All the presentations of goods, located in the E-shop Web Interface, is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement for such goods. The provision of Section 1732(2) of the Civil Code shall not be applied.
3.2. The E-shop Web Interface contains the information on goods, including the prices and costs for return of goods if the goods may not be returned in a usual postal way due to their nature. The prices for goods are stated including the value added tax and all the related fees. The prices for goods shall remain valid for a period when they are displayed in the E-shop Web Interface. This provision shall not limit the Seller´s possibility to conclude a Purchase Agreement under individually agreed terms.
3.3. The E-shop Web Interface contains also the information on costs related to packaging and delivery of goods. The information on costs related to packaging and delivery of goods, mentioned in the E-shop Web Interface, shall be applied only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the Buyer shall fill in an order form in the E-shop Web Interface. The order form contains mainly the information on:
3.4.1. ordered goods (the Buyer shall insert the ordered goods into an electronic basket of the E-shop Web Interface),
3.4.2. payment terms, data about the required delivery of ordered goods, and
3.4.3. information on the costs related to the delivery of goods (hereinafter referred to as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is enabled to check and change the data entered in the Order, even to find out and correct any mistakes incurred when entering the data in the Order. The Buyer shall send the Order to the Seller by clicking on the button “ “. The data stated in the Order shall be considered by the Seller as accurate. The Seller shall confirm the receipt of an Order immediately after receiving it, via electronic mail to the Buyer´s electronic address stated in the User Account or in the Order (hereinafter referred to as the “Buyer´s Electronic Address”).
3.6. The Seller is always entitled to ask the Buyer for an additional Order confirmation (e.g. in writing or by phone) depending on the nature of an Order (quantity of goods, amount of a purchase price, assumed transport costs).
3.7. The contractual relationship between the Seller and the Buyer shall be established based on the delivery of an Order acceptance that shall be sent by the Seller to the Buyer via electronic mail to the Buyer´s Electronic Address.
3.8. The Buyer agrees with usage of the remote communication means when concluding the Purchase Agreement. The costs incurred to the Buyer when using the remote communication means in connection with the conclusion of a Purchase Agreement (costs for internet connection, phone calls) shall be paid by the Buyer whereas these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of goods and any possible costs related to the delivery of goods based on a Purchase Agreement in the following way:
in cash in the Seller´s business premises at the address: Málkov 10, 267 01 Králův Dvůr;
cash-on-delivery at the place specified by the Buyer in the Order;
via a credit transfer to the Seller´s account No. , kept by (hereinafter referred to as the “Seller´s Account”);
by means of the payment system GoPay;
with a payment card;
by means of a credit provided by the third party.
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs related to packaging and delivery of goods in the agreed amount. Unless provided expressly otherwise, the purchase price shall include also the costs related to delivery of goods.
4.3. The Seller shall not ask from the Buyer any advance or similar payment. This fact shall not affect the provision of Article 4.6 hereof concerning the obligation to pay the purchase price for goods in advance.
4.4. In case of a cash payment or cash-on-delivery payment, the purchase price shall be due when the goods are taken over. In case of a credit transfer, the purchase price shall be due within 7 days after the conclusion of a Purchase Agreement.
4.5. In case of a credit transfer, the Buyer is obliged to pay the purchase price for goods and state the variable symbol of payment. In case of a credit transfer, the Buyer´s obligation to pay the purchase price is met when the relevant amount is credited to the Seller´s Account.
4.6. The Seller is entitled to ask for payment of the total purchase price before the goods are sent to the Buyer, mainly if the Buyer does not confirm the Order additionally (Article 3.6). The provision of Section 2119(1) of the Civil Code shall not be applied.
4.7. The possible discounts from the price of goods, provided by the Seller to the Buyer, may not be combined.
4.8. If it is usual for the business contact or if it is stipulated by the applicable legislation, the Seller will issue a tax document – invoice – for payments made based on the Purchase Agreement. The Seller is a value added tax payer. The Seller shall issue the Buyer the tax document – invoice – after the price of goods is paid, and shall send it in an electronic form to the Buyer´s Electronic Address.
5. WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement on delivery of goods that were adjusted according to the Buyer´s wishes or needs, on delivery of perishable goods, on delivery of goods that were irretrievably mixed with other goods after the delivery, on delivery of goods in a closed packaging, that the Buyer took from the packaging and it is not possible to return the goods by hygienic reasons, and on delivery of audio or visual records or computer programs if their original packaging was damaged.
5.2. If it is not any case listed in Article 5.1 hereof or another case when it is not possible to withdraw from the Purchase Agreement, the Buyer is entitled to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, within fourteen (14) days after the takeover of goods whereas in case that the subject matter of a Purchase Agreement is several kinds of goods or delivery of several parts, this period shall start on a day when the last supply is taken over. The withdrawal from the Purchase Agreement shall be sent to the Seller within a period stipulated in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use a sample form provided by the Seller. This form is an Annex hereto. The Buyer may send the withdrawal also to the address of the Seller´s business premises or to the Seller´s electronic address.
5.3. In case of the withdrawal in accordance with Article 5.2 hereof, the Purchase Agreement shall be cancelled ex tunc. The goods shall be returned to the Seller within fourteen (14) days after the withdrawal. If the Buyer withdraws from the Purchase Agreement, it will bear the costs related to return of goods to the Seller, even in case the goods may not be returned in a usual postal way due to their nature.
5.4. In case of the withdrawal in accordance with Article 5.2 hereof, the Seller shall refund the pecuniary means received from the Buyer within fourteen (14) days after the Buyer´s withdrawal, in the same way in which the Seller accepted them from the Buyer. The Seller is also entitled to refund the pecuniary means provided by the Buyer already when the goods are returned or in another way if the Buyer agrees with it and if no other costs incur to the Buyer in this connection. If the Buyer withdraws from the Purchase Agreement, the Seller will not be obliged to refund the Buyer the received pecuniary means before the goods are returned or before it is demonstrated that the goods have been sent to the Seller.
5.5. The Seller is entitled to set off unilaterally the right to payment of the damage of goods against the Buyer´s right to refund of the purchase price.
5.6. In cases when the Buyer is entitled to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement anytime until the takeover of goods by the Buyer. In such a case the Seller shall refund the Buyer the purchase price without undue delay, via a credit transfer to the account determined by the Buyer.
5.7. If the Buyer is provided with a gift, together with the goods, the Donation Agreement between the Seller and the Buyer will be concluded with a condition subsequent. It means that if the Buyer withdraws from the Purchase Agreement, the Donation Agreement will become ineffective as regards the gift and the Buyer will be obliged to return the Seller the goods and also the provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In case the transport is agreed based on the Buyer´s special requirement, the Buyer shall bear the risk and any possible additional costs related to this way of transport.
6.2. If the Seller is obliged to deliver the goods, according to the Purchase Agreement, to a place determined by the Buyer in the Order, the Buyer is obliged to take over the goods upon their delivery.
6.3. In case it is necessary to deliver the goods repeatedly or in another way than stated in the Order because of the Buyer, the Buyer shall be obliged to pay the costs related to the repeated delivery of goods, respectively the costs related to another way of delivery.
6.4. When the goods are taken over from a forwarder, the Buyer is obliged to check the integrity of packaging and in case of any defects, to inform the forwarder without undue delay. In case the packaging is damaged indicating an unauthorized intrusion into the parcel, the Buyer is not obliged to take over the parcel from the forwarder.
6.5. Other rights and obligations of the Parties concerning the transport of goods may be regulated by special delivery conditions of the Seller if they are issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Parties concerning the rights from defective performance shall be governed by the applicable legislation (mainly by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code, and by the Act No. 634/1992 Coll., on Consumer Protection, subsequently amended).
7.2. The Seller is responsible towards the Buyer that the goods do not have any defects when being taken over. In particular, the Seller is responsible towards the Buyer that at the time when the Buyer takes over the goods:
7.2.1. the goods have such parameters that were agreed by the Parties and if there was not any agreement, the goods have such parameters that the Seller or producer described or that the Buyer expected with regard to the nature of goods and based on the advertisement made by the Seller and by the producer,
7.2.2. the goods are suitable for the purpose which the Seller presents or to which the goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design of an agreed sample or template if the quality or design was determined according to an agreed sample or template;
7.2.4. the goods are of a corresponding quantity, measures or weight, and
7.2.5. the goods meet the legal requirements.
7.3. The provisions mentioned in Article 7.2 hereof shall not be applied to a defect of goods sold for a lower price if the lower price was agreed due to this defect, to wear and tear of goods caused by its standard usage, to used goods and their defect corresponding to the level of usage or wear and tear if the goods were defective when being taken over by the Buyer, or if it arises from the nature of goods.
7.4. If the defect shows itself within six months after the takeover, it will be deemed that the goods were defective already when being taken over. The Buyer is entitled to apply a right from the defect that shows itself on consumer goods within twenty-four months after the takeover.
7.5. The Buyer shall apply the rights from defective performance at the Seller´s address of business premises where it is possible to accept a claim with respect to the assortment of sold goods, eventually also in the Seller´s registered office or place of business.
7.6. Other rights and obligations of the Parties, related to the Seller´s responsibility for defects, may be regulated by the Seller´s Warranty Claim Code.
8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
8.1. By paying the total purchase price of goods, the Buyer shall acquire the ownership to the goods.
8.2. The Seller is not bound by any codes of conduct in terms of Section 1826(1)e) of the Civil Code, in relation to the Buyer.
8.3. The Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, Company Identification No.: 000 20 869, website: http://www.coi.cz, is competent to settle extrajudicial consumer disputes arising from the Purchase Agreement.
8.4. The Seller is entitled to sell goods based on a trade licence. The appropriate Trade Licensing Office shall check the trading activity within its competence. The Office for Personal Data Protection shall supervise the protection of personal data. The Czech Trade Inspection Authority shall supervise also the observance of the Act No. 634/1992 Coll., on Consumer Protection, subsequently amended, within a limited scope.
8.5. Herewith the Buyer assumes the risk of a change of circumstances in terms of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The personal data protection of the Buyer who is a natural person is provided by the Act No. 101/2000 Coll., on Personal Data Protection, subsequently amended.
9.2. The Buyer agrees with processing of the following personal data: name and surname, address, Company Identification No., Tax Identification No., electronic address, phone number and (hereinafter collectively referred to as the “Personal Data”).
9.3. The Buyer agrees with processing of the Personal data by the Seller in order to exercise the rights and obligations arising from the Purchase Agreement and to administer the User Account. If the Buyer does not choose a different option, the Buyer agrees with processing of the Personal Data by the Seller also for purpose of sending the information and business messages to the Buyer. The consent with processing of the Personal Data to full extent according to this Article is not any condition that would disable the conclusion of a Purchase Agreement.
9.4. The Buyer acknowledges to be obliged to state correct and accurate Personal Data (when registering, in the User Account, when ordering goods from the E-shop Web Interface) and to inform the Seller without undue delay of any change of its Personal Data.
9.5. The Seller may entrust the third party, as a processer, with processing of Personal Data. Except for persons delivering the goods, the Seller shall not provide the Buyer´s Personal Data to any third party without the Buyer´s prior consent.
9.6. The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed in an electronic form and automated way or in a printed form and unautomated way.
9.7. The Buyer confirms that the provided Personal Data is accurate and that it was instructed on the fact that it is voluntary provision of Personal Data.
9.8. In case the Buyer assumes that the Seller or processer (Article 9.5) processes the Personal Data in conflict with the protection of the Buyer´s private and personal life or in conflict with law, mainly if the Personal data is inaccurate with respect to the purpose of its processing, the Buyer may:
9.8.1. ask the Seller or processer for an explanation,
9.8.2. ask the Seller or processer to remedy this situation.
9.9. If the Buyer asks for the information concerning processing of its Personal Data, the Seller is obliged to provide the Buyer with this information. The Seller is entitled to require a reasonable payment for the provision of information pursuant to the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING OF BUSINESS MESSAGES AND SAVING OF COOKIES
10.1. The Buyer agrees with sending of information related to goods, services or company of the Seller, to the Buyer´s Electronic Address, and agrees also with sending of business messages to the Buyer´s Electronic Address.
10.2. The Buyer agrees with saving of so-called cookies in its computer. In case it is possible to purchase at the website and meet the Seller´s obligations arising from the Purchase Agreement without saving so-called cookies in the Buyer´s computer, the Buyer may anytime revoke its consent according to the previous sentence.
11.1. Any notifications shall be delivered to the Buyer´s Electronic Address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship shall be governed by the Czech legislation. This fact shall not affect the consumer rights arising from the applicable legislation.
12.2. If any provision hereof is or becomes invalid or ineffective, it will be substituted by a provision which meaning corresponds to the invalid provision most. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Agreement including the Business Terms shall be archived by the Seller in an electronic form and shall not be accessible.
12.4. The sample form for the withdrawal from a Purchase Agreement is an Annex hereto.
12.5. Seller´s contact data:
Delivery address: WAGA s.r.o., Málkov 10, 267 01 Králův Dvůr
Electronic address: email@example.com tel.: +420 311 440 060, +420 603 251 650 .
In Málkov, on 12 October 2016