With the registered office: Horní náměstí 283/58, Město, 746 01 Opava
Registration number: 03908321
Registered in the Commercial Register kept at the Regional court in Ostrava, section C, insert 61744/KSOS
for production, trade and services not specified in annexes 1 to 3 to the Trade Licensing Act
1. INTRODUCTORY PROVISIONS
- These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the company NEUKLOUZNI s.r.o., with the registered office at Horní náměstí 283/58, Město, 746 01 Opava, Reg. No.: 03908321, registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, Insert 61744/KSOS (hereinafter referred to as the “Seller”), regulate, in accordance with the provisions of Section 1751(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 in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) on a website. The website is operated by the Seller at the Internet address https://www.neuklouzni.cz/ (hereinafter referred to as the “Website”), through the Website interface (hereinafter referred to as the “Shop Web Interface”).
- The Terms and Conditions also apply to cases where the person intending to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods within its own business activity or within its own independent exercise of profession.
- Any provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
- The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are in Czech language. The Purchase Agreement can be concluded in Czech.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising in the period of effectiveness of the previous version of the Terms and Conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
- All presentation of goods placed in the Shop Web Interface is of informative character and the Seller is not obliged to conclude any purchase agreement regarding the goods. Section 1732(2) of the Civil Code shall not apply.
- The Web Interface of the site contains information about the goods. Prices are set individually. This provision does not restrict the Seller’s ability to conclude a Purchase Agreement on individually agreed terms.
- To order goods, the Buyer must fill in the contact form in the Web Interface or contact the person responsible by phone or email, which are set forth in the web presentation. The contact form contains information as follows:
- last name
- Buyer's website, and
- enquiry/message (hereinafter collectively referred to as the “Order”).
- Prior to the execution of the Order, the Seller shall allow the Buyer to check and change the data entered by the Buyer in the Order, also taking into account the possibility of the Buyer to detect and correct errors arising from the data entered in the Order. The Buyer sends the Order to the Seller by clicking on the “Submit” button. The information provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt of the Order by e-mail to the Buyer’s e-mail address specified in the user account or in the Order (hereinafter referred to as the “Buyer's E-mail Address”).
- The Order can be placed.
- Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional Order confirmation (for example, in writing or by phone).
- The contractual relationship between the Seller and the Buyer does not arise from the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail to the Buyer’s E-mail Address.
- The Buyer agrees to the use remote communication means in concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) are borne by the Buyer himself, and these costs do not differ from the basic rate.
3. GOODS PRICE AND PAYMENT TERMS
- The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller’s premises at Horní nám. 283/58, Město, 746 01 Opava;
- in cash upon delivery of the goods and performance of the service;
- wire transfer to the Seller’s account No. 2701565732/2010, kept by FIO banka, a.s. (hereinafter referred to as the “Seller’s Account”);
- through a loan granted by a third party.
- The Buyer always receives a detailed price offer, which includes the price for goods and services with and without VAT, as well as the price for transport and other items with and without VAT.
- The Seller does not require any prepayment or other similar payment from the Buyer. Unless otherwise agreed. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the Purchase Agreement, unless otherwise agreed in the basic Order.
- In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods stating the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
- The Seller is entitled, especially in case that the Buyer fails to confirm the Order (Article 6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119(1) of the Civil Code shall not apply.
- Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
- The Seller shall issue a tax document - invoice to the Buyer on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice is issued by the Seller to the Buyer after the delivery of goods or services and sent in electronic form to the Buyer’s e-mail address.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, among others, the Purchase Agreement for the delivery of goods that have been modified according to the Buyer’s wishes or for his/her person cannot be withdrawn.
- In case that one of the contracting parties breaches the agreed obligations, it is possible to withdraw from the Purchase Agreement if the legal conditions are met.
- In case of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the beginning.
- The Seller is entitled to unilaterally set off the claim for payment of damages incurred to the goods modified according to the Buyer’s wishes against the Buyer’s claim for reimbursement of the purchase price.
- In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are made in accordance with the Buyer’s wishes. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, cashless to the account designated by the Buyer.
- If a gift is given to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded on the condition precedent that if the Buyer withdraws from the Purchase Agreement, the donation agreement with respect to such gift ceases to be effective and the Buyer is obliged to return the gift together with the goods to the Seller.
5. GOODS TRANSPORT AND DELIVERY
- In case that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.
- If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.
- In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery.
- Further rights and obligations of the parties in transporting the goods may be governed by the Seller’s special delivery conditions, if issued by the Seller.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes the delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose stated by the Seller for their use or for which the goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods meet the requirements of the legislation.
- If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
- The Seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance persist. The Buyer is otherwise entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. If the period of time for which the goods may be used is indicated on the goods sold, on the packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions of the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightfully accused the Seller of a defect in the goods, the time limit for exercising rights under the defective performance and the guarantee period shall not run for the period during which the Buyer cannot use the defective goods.
- The provisions referred to in Article 4 of the Terms and Conditions shall not apply to the goods sold at a lower price for the defect for which the lower price was agreed, wear and tear caused by normal use of the goods, for a defect in case of used goods corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods. The right of defective performance does not belong to the Buyer if the Buyer knew before taking over the goods that the goods have a defect or if the Buyer caused the defect himself.
- The rights of liability for defects in the goods are exercised with the Seller. If, however, the certificate issued to the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated for repair who is in the place of the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. With the exception of cases where another person is designated to carry out the repair according to the previous sentence, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or written justification of the complaint rejection. This obligation also applies to other persons designated by the Seller to carry out the repair.
- The Buyer can specifically exercise the rights from the liability for defects of goods in person at Horní nám. 283/58, Město, 746 01 Opava, by phone: +420 774 101 509, or by e-mail: email@example.com.
- The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer cannot change the choice made without the Seller’s consent; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
- If the goods do not have the characteristics set out in Article 2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the goods, the Buyer may only demand the replacement of the part; if not possible, the Buyer may withdraw from the agreement. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge. The Buyer has the right to delivery of new goods or replacement of parts even in case of a removable defect, if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the agreement. If the Buyer does not withdraw from the agreement or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer considerable difficulties to remedy the defect.
- Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the Seller does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.
- Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- Consumer complaints are handled by the Seller via the e-mail address firstname.lastname@example.org. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s e-mail address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Reg. No.: 000 20 869, Internet address: https://adr.coi.cz/cs is competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Agreement.
- The European Consumer Centre Czech Republic, with the registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out by the competent trade licensing authority within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among others, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
- The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8. PERSONAL DATA PROTECTION
- The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations on the Purchase Agreement and for the purposes of the performance of the Seller’s public law obligations by means of a separate document.
9. PLACEMENT OF THE COMPANY LOGO ON THE WEBSITE
- By concluding the Purchase Agreement (binding order), the Buyer agrees to place own company logo in the reference bar on the homepage.
10. FINAL PROVISIONS
- If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the Buyer, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from by contract and which would otherwise apply in the absence of the choice of law under Article 6(1) of Regulation (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 and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect 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.
- Seller’s contact details: delivery address: Horní nám. 283/58, Město, 746 01 Opava, e-mail address: email@example.com, telephone +420 774 101 509.
In Opava on 1 May 2019