Terms and Conditions
Business Terms and Conditions of Business Company BOK & LK sro, with registered office at Jana Švermy 6, Kadaň, Czech Republic, Identification Number: 28731417, registered in the Commercial Register by the Regional Court in Ústí nad Labem, Section C, File No. 29239 for sale of goods via the on-line shop located at the internet address www.priessnitzuvzabal.cz
- INTRODUCTORY PROVISIONS
1.1 These Business Terms and Conditions (hereinafter „Business Terms and Conditions“) of the trading company BOK & LK sro, with registered office at Jana Švermy 6, Kadaň, Identification Number: 28731417, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, Section C, File No. 29239 (hereinafter „Seller“) amended pursuant to Section 1751 Art. 1 Act No. 89/2012 Coll., Civil Code (hereinafter „Civil Code“) arrange the mutual rights and duties of contracting parties in connection with or based on the Purchase Agreement (hereinafter „Purchase Agreement“) executed between the Seller and another body non-corporate (individual) (hereinafter „Buyer“) via the Seller´s e-shop. The e-shop is operated by the Seller on the website located at the internet address mysasy.com (hereinafter „website“), via the website interface (hereinafter „e-shop website“).
1.2 The Business Terms and Conditions shall not apply to cases when the party which intends to purchase goods from the Seller, acts in its business activities during ordering of the goods.
1.3 Provisions divergent from the Business Terms and Conditions can be arranged for in the Purchase Agreement. Divergent provisions in the Purchase Agreement have priority over provisions in the Business Terms and Conditions.
1.4 The provisions of the Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and Business Terms and Conditions are executed in the Czech language. The Purchase Agreement can be executed in the Czech language.
1.5 The Seller can amend or supplement the Business Terms and Conditions. This provision shall not affect the rights and duties arising during the validity of the previous version of the Business Terms and Conditions.
- USER ACCOUNT
2.1 Based on the registration of the Buyer on the website the Buyer may access its user interface. The Buyer can order goods from its user interface (hereinafter „User Account“). If the e-shop website interface shall allow, the Buyer can also order goods without registration directly in the e-shop website interface.
2.2During registration on the website and during ordering of goods the Buyer shall provide correct and true data. The Buyer shall update data in the user account upon any change. Data provided by the Buyer in the user account and during ordering of goods shall be considered correct by the Seller.
2.3Access to the User Account is protected by a username and password. The Buyer shall keep confidential any and all information necessary for access to its User Account.
2.4 The Buyer shall not enable use of the User Account by to third parties.
2.5 The Seller may terminate a User Account, especially in cases when the Buyer shall not use its User Account for more than 12 months, or in cases when the Buyer shall breach its duties under the Purchase Agreement (including Business Terms and Conditions).
2.6 The Buyer hereby acknowledges that the User Account does not have to be available non-stop, especially with respect to the necessary maintenance of hardware and software of the Seller, or for necessary maintenance of hardware and software of third parties.
3. EXECUTION OF PURCHASE AGREEMENT
3.1All presentation of goods located on the shop website is of an informative nature and the Seller shall not be obliged to execute a Purchase Agreement for such goods. Section 1732 Art. 2 Civil Code shall not apply.
3.2The website of the shop contains information about the goods, including the unit price and costs of return of goods, if the goods by their nature cannot be returned by standard postal services. The prices of goods are given including VAT and all related fees. The prices of goods remain valid for the period which they are shown on the shop website. This provision shall not be limited by the Seller´s option to execute a Purchase Agreement at individually agreed terms and conditions.
3.3The shop website also contains information about the costs related to packaging and delivery of the goods. Information about the costs of packaging and delivery of goods set out on the shop website shall be valid for goods delivered in the Czech Republic.
3.4To order goods the Buyer shall fill in the order form on the shop website. The order form shall contain information particularly about:
3.4.1 ordered goods (ordered goods "placed" by Buyer to the electronic shopping cart of the shop website),
3.4.2 method of payment of the purchase price for goods, data about the required method of delivery of ordered goods and
3.4.3.information about costs related to delivery of goods (hereinafter jointly „Order“).
3.5 Prior to sending the order to the Seller the Buyer can check and change data which it entered in the order, even with respect to the Buyer´s option to verify and correct errors made during entering of data in the order. The Buyer shall send the order to the Seller by pressing the button „Send“. Data shown in the order are considered by the Seller as correct. Without any undue delay after receiving the order the Seller shall confirm the receipt to the Buyer electronically, to the electronic mail address of the Buyer set out in the user account or order (hereinafter „Buyer´s Electronic Address“).
3.6 The Seller shall always be entitled, based on the nature of the order (quantity of goods, purchase price, presumed costs of transport) to request the Buyer for additional order confirmation (e.g. written or telephonic).
3.7 The contractual relation between the Seller and Buyer shall arise with the acceptance of the order, which the Seller shall send to the Buyer by electronic mail, to the Buyer´s e-mail address..
3.8 The Buyer agrees with use of remote communication means for execution of the Purchase Agreement. The costs incurred by the Buyer for use of remote communication means for execution of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer alone, whereas such costs shall not differ from the basic rate.
- PRICE OF GOODS AND TERMS OF PAYMENT
4.1. Buyer can pay the price of goods and any costs related to the delivery of goods under the Purchase Agreement to the Seller by the following methods:
- Cash to the seller at the place specified by the buyer in the order;
- bank transfer to the account of the seller, account No. 43-7641750217 / 0100, maintained by Komerční banka (hereinafter referred to as the "Seller Account");
4.2. Together with the purchase price the Buyer shall also pay the Seller any costs related to the packaging and delivery of the goods as agreed above. Unless agreed otherwise, the purchase price shall mean also the costs related to delivery of the goods.
4.3. The Seller shall not require of the Buyer to make an advance payment or any other similar payment. This shall not affect Art. 4.6 of the Business Terms and Conditions with respect to the duty to pay the purchase price of goods in advance.
4.4. 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 the case of cashless payment of the purchase price is payable within 7 days of the purchase contract.
4.5. 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.
4.6. T 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. Paragraph 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. I If it is common in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer receipt - invoice. Seller is a payer of value added tax. Document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it together with the purchased goods.
4.9. 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 case of a technical failure, within 48 hours at the latest.
- TERMINATION OF PURCHASE AGREEMENT
5.1. The Buyer hereby acknowledges that pursuant to Section 1837 Civil Code, the Purchase Agreement cannot be terminated, amongst others, in the case of delivery of goods which were modified according to the Buyer´s request or for the Buyer; terminate a Purchase Agreement for delivery of goods which are subject to rapid decay; as well as goods which were irreversibly mixed with other goods; terminate a Purchase Agreement for delivery of goods in closed packages with the consumer removed from package and for hygienic reasons it is not possible to return it; and terminate a Purchase Agreement for delivery of audio or video recordings or computer programs, if the original packaging was broken.
5.2. If it is not cases set out under Art. 5.1 of the Business Terms and Conditions or other case when the Purchase Agreement cannot be terminated, the Buyer shall, pursuant to Section 1829 Art. 1 Civil Code, be entitled to terminate the Purchase Agreement, within fourteen (14) days from acceptance of goods, whereas in case the subject of the Purchase Agreement shall be several types of goods or delivery of several parts, this term shall commence from the date of acceptance of the last delivery of goods. Termination of the Purchase Agreement shall be sent to the Seller within the term set out in the previous sentence. For purposes of termination of the Purchase Agreement the Buyer can use the sample form provided by the Seller, which is attached to the Business Terms and Conditions. The Buyer may send the termination of the Purchase Agreement also to the address of the Seller´s business premises or to the Seller´s electronic mail address: firstname.lastname@example.org .
5.3. In case of termination of the Purchase Agreement under Art. 5.2 of the Business Terms and Conditions the Purchase Agreement shall be terminated from the date of its execution. The goods shall be returned to the Seller within fourteen (14) days from the date of termination of the Agreement. If the Buyer shall terminate the Purchase Agreement, the Buyer shall bear the costs related to return of goods to the Seller, even if the goods cannot be returned through standard postal services due to their nature.
5.4. In case of termination of 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 Buyer. 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.
5.5. The Seller shall be entitled to set-off claims to indemnification of damages to goods against the Buyer´s claim to return of the purchase price.
5.6. In cases when the Buyer shall be entitled to terminate the Purchase Agreement, pursuant to Section 1829 Art. 1 Civil Code, the Seller shall also be entitled to terminate the Purchase Agreement at any time, until the acceptance of goods by the Buyer. In such case the Seller shall return to the Buyer the purchase price without any undue delay, by bank transfer to the account specified by the Buyer.
5.7. If the Buyer shall receive a gift together with the goods, the deed of gift between the Seller and Buyer is executed with a termination clause, according to which, if the Purchase Agreement is terminated by the Buyer, the deed of gift shall become void and the Buyer shall be obliged to return the provided gift together with the goods.
- TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport shall be agreed based on a special request from the Buyer, the Buyer shall bear the risk and any additional costs related to such method of transport.
6.2. If the Seller shall be obliged by the Purchase Agreement to deliver the goods to the address specified by the Buyer in the Order, the Buyer shall take receipt of the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, it shall be necessary to deliver the goods repeatedly or by other means than is specified in the Order, the Buyer shall pay the costs related to the repeated delivery of goods, or costs related to the alternative method of delivery.
6.4. When taking receipt of the goods from the carrier the Buyer shall be obliged to check the integrity of the packaging and in case of any defects to notify the carrier accordingly without any undue delay. In case of any damages to the packaging, indicating unauthorized access to the shipment, the Buyer shall not be obliged to accept the shipment from the carrier.
6.5. Other rights and duties of the contracting parties during transport of goods may be amended by special terms of delivery of the Seller, if the Seller shall issue same.
- NON-PERFORMANCE RIGHTS
7.1. The rights and duties of the contracting parties from defective performance shall be governed by the respective legal regulations (particularly Section 1914 through 1925, Section 2099 through 2117 and Section 2161 through 2174 Civil Code and Consumer Protection Act No. 634/1992 Coll., as amended).
7.2. The Seller shall warranty the Buyer that the goods are free from any defects at acceptance. In particular, the Seller shall warranty the Buyer that at the time when the Buyer accepted the goods:
7.2.1. the goods exhibit the properties agreed by the contracting parties, and if such agreement is missing, the goods exhibit such properties which the Seller or producer specified or which the Buyer expected with respect to the nature of the goods based on advertising,
7.2.2. the goods are fit for the purpose for which it is intended by the Seller or for which goods of this nature are typically used,
7.2.3. the goods correspond to the quality and design of the agreed sample or template, if the quality or design was specified according to the agreed sample or template,
7.2.4. the goods correspond to the quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provision set out in Art. 7.2 of the Business Terms and Conditions shall not be applied for goods sold at a discounted price, due to defects for which the lower price was agreed; for wear of goods caused by its common use; for used goods for defects corresponding to the degree of use or wear, which the goods exhibited at acceptance by the Buyer, or if it arises from the nature of the goods.
7.4. If a defect shall exhibit during six months from acceptance, it shall be deemed that the goods were defective already at acceptance. The Buyer shall be entitled to exercise the right from defect which shall exhibit in the consumer goods during a period of twenty four (24) months from date of acceptance.
7.5. The Buyer shall exercise rights from defective performance with the Seller at the address of the Seller´s business premises, where acceptance of a claim is possible with respect to the range of sold goods, or at the Seller´s headquarters or place of business.
7.6. Other rights and duties of the parties related to liability of the Seller for defects can be arranged for by the Seller´s Claim Terms and Conditions.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires title to the goods by payment of the whole purchase price.
8.2. In relation to the Buyer the Seller is not bound by any codes of conduct pursuant to Section 1826 Art. 1 clause e) Civil Code.
8.3. Consumer complaints are handled by the Seller via electronic address email@example.com The Seller shall inform the Buyer about the result of complaint via Seller´s electronic address.
8.4. Out-of-court settlement of consumer disputes in connection with a purchase agreement falls under the jurisdiction of the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Company Reg. No.: 000 20 869. 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.
8.5. 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).
8.6. The Seller is authorized to sell goods based on a trade licence. The respective Trade Licensing Office performs inspections under its jurisdiction. Supervision of protection of personal data is performed by The Office for Personal Data Protection. In a limited scope the Czech Trade Inspection Authority performs supervision of compliance with the Consumer Protection Act No. 634/1992 Coll., as amended.
8.7. The Buyer hereby undertakes the risk of change in circumstances pursuant to Section 1765 Art 2 Civil Code.
- PROTECTION OF PERSONAL DATA
9.1. Protection of the personal data of the Buyer, who is an individual, shall be provided by the Personal Data Protection Act No. 101/2000 Coll., as amended.
9.2. The Buyer hereby agrees with the processing of its personal data: name and surname, residential address, ID number, VAT number, e-mail address, telephone number and… (hereinafter referred as „Personal Data“).
9.3. The Buyer hereby agrees with the processing of Personal Data by the Seller for the purposes of performance of the rights and duties under the Purchase Agreement and for the purposes of administering the User Account. Unless the Buyer shall select another option, the Buyer agrees with the processing of Personal Data by the Seller also for the purposes of mailing information and business news to the Buyer. Agreement with processing of Personal Data under this article is not a condition which itself alone would prevent execution of the Purchase Agreement.
9.4. The Buyer hereby acknowledges that it is obliged to provide its Personal Data (during registration, in its User Account, during an order performed from the shop website) correctly and truly and that the Buyer is obliged to inform the Seller of any changes in the Personal Data, without any undue delay.
9.5. The Seller shall be entitled to have the Buyer´s Personal Data processed by a third party, as the processor. The Buyer´s Personal Data shall not be disclosed by the Seller to any third party, besides the persons transporting the goods, without the prior consent of the Buyer.
9.6. Personal Data shall be processed for an indefinite term. Personal Data shall be processed in electronic format by automated means or in printed format by non-automated means.
9.7. The Buyer hereby confirms that the provided Personal Data are correct and that it was informed that provision of such Personal Data is voluntary.
9.8. If the Buyer shall suspect that the Seller or processor (Art. 9.5) are processing the Buyer´s Personal Data contrary to protection of the Buyer´s private and personal life or contrary to law, particularly if the Personal Data shall be inaccurate with respect to the purpose of processing:
9.8.1. request explanation from the Seller or processor
9.8.2. request the Seller or processor to correct such status.
9.9. If the Buyer shall request information about the processing of its Personal Data, the Seller shall provide such information. The Seller shall be entitled to request a reasonable payment for providing information under the preceding sentence, whereas such payment shall not exceed the costs necessary for provision of such information.
- MAILING OF BUSINESS NEWS AND SAVING OF COOKIES
10.1. The Buyer hereby agrees with the mailing of information related to the goods, services or enterprise of the Seller to the electronic address of the Buyer and, further, the Buyer agrees with the mailing of business news by the Seller to the electronic address of the Buyer.
10.2. The Buyer hereby agrees with the saving of so-called cookies to its computer. If the purchase on the website shall be executable and the Seller´s duties under the Purchase Agreement shall be performable, without the need to save cookies to the Buyer´s computer, the Buyer may revoke its consent under the previous sentence at any time.
11.1. The Buyer may receive mail to the electronic address of the Buyer.
- FINAL PROVISIONS
12.1. If a relation founded by a purchase agreement shall contain an international (foreign) element, then the contracting parties agree that the relation shall be governed by Czech law. This shall not affect the consumer´s rights set out by generally binding legal regulations.
12.2. If any provision of the Business Terms and Conditions shall be invalid or ineffective, or shall become invalid or ineffective, it shall be replaced by a provision whose sense shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Agreement, including Business Terms and Conditions, is archived by the Seller in electronic format and shall not be accessible.
12.4. A sample form for notice of termination of the Purchase Agreement is attached to the Business Terms and Conditions.
12.5. Seller´s contact data: correspondence address: BOK & LK s.r.o., Jana Švermy 6, Kadaň, 43201, e-mail address firstname.lastname@example.org , telephone +420603 804 191.
Kadaň, 1 September 2018