Hobbytec CZ sro
U Remizku 187, 251 62 Tehovec - Prague East
identification number: 29217253
- a company incorporated in the Commercial Register
filed with the Municipal Court in Prague
- for the sale of goods through an online store
located at www.hobbytec.czTel .: 840 810 810Email: email@example.com
GPS: 49.9873492N, 14.7171725E
1. INTRODUCTORY PROVISIONS
1.1 . These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of the business company Hobbytec CZ sro, with its registered office at Tehovec, U Remízku 187, postcode 251 62, identification number: 29217253, registered in the Commercial Register kept at the Municipal Court in Prague (hereinafter referred to as " ) govern the reciprocal rights and obligations of the parties arising out of or in connection with a sales contract (the "Purchase Agreement") concluded between the seller and another natural or legal person (the "Buyer") through the seller's Internet shop. The e-shop is operated by the seller at www.hobbytec.cz through the web interface (hereinafter referred to as the "web interface of the shop").
1.2 . The Business Terms also govern the rights and obligations of the parties in using the Seller's Website located at www.hobbytec.com (the "Website") and other related legal relationships. Business terms do not apply to cases where a person who intends to buy goods from a seller acts in order to order goods in the course of their business or in the exercise of their independent occupation.
1.3 . 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.
1.4 . Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5 . 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.
2. USER ACCOUNT
2.1 . Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2.2 . When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3 . Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.
2.4 . The buyer is not authorized to allow the use of the user account to third parties.
2.5 . The seller may cancel the user account, especially if the buyer does not use his user account for more than a month or if the buyer violates his obligations under the sales contract (including business terms).
2.6 . The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.
3. CLOSING OF THE BUYER CONTRACT
3.1 . The web interface of the store includes a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.
3.2 . The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.3 . To order the goods, the buyer completes the order form in the web interface of the store. In particular, the order form contains information on: - the ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the shop), - the method of payment of the purchase price of the goods, details of the required delivery method of the ordered goods, and - the cost of the goods collectively only as an "order").
3.4 . Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, also in view of the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "send order" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.5 . The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.6 . The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.
3.7 . The Buyer notes that the seller is not obliged to conclude a sales contract, especially with persons who have previously substantially violated the sales contract (including business terms).
3.8 . The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.
4. PRODUCT PRICE AND PAYMENT CONDITIONS
4.1 . The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways: 0 cash in cash at the place specified by the buyer in the order
4.2 . Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3 . In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.
4.4 . In the case of a non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.5 . The Seller is entitled, in particular, if the buyer does not receive additional confirmation of the order (Art. 3.5), require payment of the entire purchase price before the goods are dispatched to the buyer.
4.6 . Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7 . If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
5. WITHDRAWAL FROM THE BUILDING AGREEMENT
5.1 . The Buyer notes that according to the provisions of Section 1837 of Act no. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"), can not, inter alia, be withdrawn from the purchase contract for the supply of goods modified according to the buyer's or his person's wish as well as perishable goods.
5.2 . If the case referred to in Art. 5.1 or another case where the buyer can not withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 of the Civil Code within 14 (fourteen) days of receipt of the goods. Withdrawal from the sales contract must be delivered to the seller within 14 (four) days of receipt of the goods, either to the address of the seller's office or to the e-mail address of the seller.
5.3 . In case of withdrawal from the contract pursuant to Art. 5.2 of the Business Terms, the Purchase Agreement is canceled from the outset. Goods must be returned to the Seller within 14 (fourteen) days of the date of dispatch of the Contract to the Seller. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging. In the case of withdrawal from the purchase contract, the buyer will bear the costs associated with the return of the goods if these goods can not be returned by their normal postal route. Further, the seller may request the buyer to pay the costs provided by the Civil Code.
5.4 . Within seven (7) days from the return of the goods to the buyer pursuant to Art. 5.3 the seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5.5 . In case of withdrawal from the contract pursuant to Art. 5.2 of the Business Terms and Conditions, the Buyer shall return the Purchase Price to the Purchaser no later than fifteen (15) days from the end of the period for reviewing the Goods as per Art. 5.4 of the Business Terms and Conditions, by credit card to the account specified by the Buyer. The seller is also entitled to return the purchase price in cash when the goods are returned to the buyer.
5.6 . Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to the buyer. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price.
6. TRANSPORT AND SUPPLY OF GOODS
6.1 . The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the sales contract. If the mode of transport is agreed upon by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 . If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods at delivery, the seller is entitled to withdraw from the purchase contract.
6.3 . If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6.4 . Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods complies with all terms and conditions, and any later complaint about the shipment may not be taken into account.
6.5 . The buyer is entitled to refuse to accept the goods only if the consignment shows obvious damage prior to its takeover. In case the buyer refuses to accept the ordered goods except in the case mentioned in the previous sentence, he is obliged to pay to the seller all costs incurred, in particular the cost of transporting the goods and their storage. The buyer is also obliged to do so if, due to his / her side, it is necessary to repeat the delivery of the goods to the place specified by the buyer.
6.6 . Orders for the Slovak Republic are delivered and invoiced by Hobbytec SK sro, Rustaveliho 4, 831 06 Bratislava, Slovak Republic, IČO: 47 317 663, VAT No .: SK2023814782
6.7 . Other parties' rights and obligations in the carriage of goods may alter the seller's terms of delivery.
7. LIABILITY FOR WARRANTY, WARRANTY
7.1 . The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the applicable generally binding regulations (in particular the provisions of Section 2158 et seq. Of the Civil Code).
7.2 . The seller is liable to the buyer for the fact that the goods (the goods) are not defective at the time of receipt. In particular, the seller replies to the purchaser that at the time the buyer took over the item (s): (i) the thing (s) has properties negotiated by the parties and, if the arrangement is lacking, those properties described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they make; (ii) the thing (s) is suited to the purpose for which the goods are used by the seller or to which the goods are normally used; (iii) (iv) the item (s) in the appropriate quantity, degree or weight; and (v) the item (the goods comply with the requirements of the legislation. If a defect occurs within six (6) months of the takeover, it is assumed that the item (s) was defective already upon takeover.
7.3 . If the goods (goods) do not have the characteristics set out in Art. 7.2 of the terms of trade, the buyer may also require the removal of a new item without defects, the fines are not disproportionate due to the nature of the defect, but if the defect relates only to the part of the goods (goods), the buyer may only require replacement of the part; if this is not possible, it can withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer has the right to free the defect free of charge. The right to the delivery of a new item (goods) or replacement of the part has a buyer even in the case of a defect that can be remedied if he can not properly use the item (goods) for the repeated occurrence of a defect after repair or for a greater number of defects. In that case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item (s) without defects, to replace his part or to repair the item (goods), he may require a reasonable discount. The buyer has the right to a reasonable discount even if the seller can not deliver the new item (s) without defects, replace its part or repair the item (s) as well as if the seller fails to remedy the remedy within a reasonable time or that a remedy the buyer - the consumer had considerable difficulties.
7.4 . The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four (24) months of receipt of the goods. This does not apply to: (i) goods (goods) sold at a lower price for a defect for which the lower price has been agreed, (ii) the wear and tear of goods (goods) caused by their usual use, (iii) a defect corresponding to the degree of use or wear and tear that the item (merchandise) had at the time of takeover by the buyer; (iv) if it results from the nature of the goods (goods).
7.5 . Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address at his / her premises.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 . The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 . Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. Buyer undertakes not to engage in any activity that could allow him / her or third parties to tamper with or illegally use the software or other components that make up the web interface of the store.
8.3 . Buyers are not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.
8.4 . 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.
8.5 . Buyer acknowledges that the seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their intended use.
8.6 . The customer or buyer agrees to receive a link in the recapitulation order via e-mail where the receipt can be downloaded in electronic form.
9. PROTECTION OF PERSONAL DATA AND SENDING BUSINESS DATA
. You can find the Privacy Statement on the Personal Data Processing page9.2
. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").9.3
. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of sending information and business communications to the Seller.9.4
. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully, and is obliged to inform the seller without undue delay of a change in his / her personal data.9.5
. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.9.6
. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.9.7
. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data. The Purchaser declares that he has been advised that the consent to the processing of personal data may be revoked by the Seller in writing to the Seller's address. The buyer may also require the seller or processor to remove the resulting condition. In particular, it may be blocking, repairing, supplementing or disposing of personal data. If the buyer's request under the preceding sentence is found to be justified, the seller or processor shall immediately remove the defective condition. If the seller or processor fails to comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the purchaser's right to address his complaint to the Office for Personal Data Protection directly and to ask the seller or processor for explanation.9.8
. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.9.9
. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's email address, and agrees to send the sales announcements to the buyer's electronic address.
10.1 . Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the email address listed in his user account. It is assumed that the incoming shipment sent by the postal service provider is the third (3rd) business day after the shipment, but sent to the address in another state, the 15th working day after the dispatch. In the case of delivery in person or through the postal service operator, the refusal to accept the consignment is refused by the addressee (or the person authorized to take over the consignment), in the case of delivery in person or through the postal service operator, by delivery of the consignment to the addressee, receiving incoming mail server; the integrity of e-mail messages can be secured by a certificate.
11. FINAL PROVISIONS
. If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.11.2
. The seller hereby informs the consumer - consumer that the subject of out-of-court settlement of consumer disputes from the contractual relations between him and the seller is the Czech Trade Inspection, whose website is www.coi.cz.11.3
. 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. Changes and additions to the sales contract or business terms require a written form.11.4
. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.11.5
. Contact details of the seller: delivery address Tehovec, Remizka 187, 25162, e-mail address firstname.lastname@example.org
, phone 840 810 810. In Tehovec on May 29, 2016