TERMS AND CONDITIONS
TERMS AND CONDITIONS
with registered office at AKC REAL GROUP s.r.o., Vinařického 940/20, 702 00 Ostrava - Přívoz, Czech Republic
identification number: 286 49 893
registered in the Commercial Register maintained by the Ostrava Branch, Section C, Insert 36896
for the sale of goods through an online store located at firstname.lastname@example.org
1. Introductory provisions
1.2. By signing the purchase agreement, the buyer agrees to the terms and conditions of the contract and to the rules of complaint, which form an integral part of these terms and conditions and confirms that they are properly acquainted with them. The Buyer has been notified and has the opportunity to become acquainted with these Terms and Conditions and the Complaint Procedure before the Purchase Agreement is concluded. The Seller acts in the course of its business activity when concluding and fulfilling the purchase contract. The seller is an entrepreneur who offers and sells the goods and assets of a supplier through this website, and delivers goods or services to the Buyer directly or through other entrepreneurs.
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 drawn up 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
2.2. When registering on a website and when ordering goods or services, the buyer is obligated to provide all data correctly and accurately. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in a user account and when ordering goods or services are considered correct by the seller.
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.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, 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 the Purchase Agreemen
3.2. The web interface of the store contains information about goods, property and services, including the indication of the prices of individual goods, property and services, and the cost of returning the goods if these goods can not by their nature be returned by normal mail. Prices of goods, property and services are stated in the cases where applicable laws and regulations of the Czech Republic are included, including value added tax and all related fees. Prices of goods, property, and services remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the possibility for the seller to arrange for the purchase contract to be concluded on individually negotiated terms.
3.3. 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.
3.4.1. ordered goods or property (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of goods, property, services, and details of the required delivery of ordered goods;
3.4.3. information on the costs associated with the takeover of goods or property (collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order will be sent by the buyer to the seller by clicking the "Finish 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 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 additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, size of the property, purchase price, estimated transport costs).
3.8. The buyer agrees to use the remote means of communication that are necessary to ensure the conclusion of the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with preparation and securing the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, which does not differ from the basic rate.
4. The price of goods, property or services and payment terms
- in cash at the seller's or supplier's premises, or at the warehouse of the selected supplier of the goods or at the premises of the competent authority, which will be secured by the seller in the case in question;
- cash in cash at the place specified by the buyer in the order;
- by wire transfer to Seller's account No [......... ..], registered with [......... ..] (hereinafter the "Seller Account");
- non-cash via the payment system [......... ..];
- non-cash by credit card;
- by credit provided by a third party.
4.2. Společně s kupní cenou je kupující povinen platit kupujícímu také náklady spojené s balením a dodáním zboží v dohodnuté výši. Není-li uvedeno výslovně jinak, rozumí se dále kupní cenou i náklady spojené s dodáním zboží, majetku nebo služeb.
4.4. V případě platby v hotovosti nebo v případě platby za hotovost je kupní cena splatná při převzetí zboží. V případě bezhotovostní platby je kupní cena splatná minimálně 14 dní před převzetím zboží, majetku nebo služeb.
4.5. V případě bezhotovostní platby je kupující povinen platit kupní cenu zboží, majetku nebo služeb společně s uvedením variabilního symbolu platby. V případě bezhotovostní platby je kupující povinen zaplatit kupní cenu za splnění okamžiku připsání příslušné částky na účet prodávajícího.
4.6. Prodávající je oprávněn, zejména v případě, že ze strany kupujícího nedojde k dodatečné potvrzení objednávky (čl. 3.6), nebo v případě nepravidelné platby, požaduje zaplacení celé kupní ceny ještě před předáním zboží, majetku nebo služeb kupujícímu. Ustanovení § 2119 odst. 1 občanského zákoníku se nepoužije.
4.7. Případné slevy z ceny zboží, majetku nebo služeb poskytnuté kupujícím kupujícím nelze vzájemně kombinovat.
4.8. Pokud je v obchodním styku obvyklé nebo je-li tak stanoveno obecně závaznými právními předpisy, vydává se prodávajícímu v souvislosti s platbami provedenými na základě kupní smlouvy kupujícím daňový doklad - doklad. Daňový doklad - vystaví vystavovatel fakturu kupujícímu po odevzdání ceny zboží, majetku nebo služby a zašle jej elektronickou formou na elektronickou adresu kupujícího.
5. Withdrawal from the Purchase Agreement
5.2. If the case is not referred to in Article 5.1 of the Commercial Terms and Conditions or in another case when the contract can not be withdrawn, the Purchaser shall withdraw the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to fourteen (90 ) days after the receipt of the goods, property or services, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's office or to the e-mail address of the seller at email@example.com.
5.3. 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.
5.4. 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 purchases provided by the buyer upon return of the goods to the buyer or otherwise, provided the buyer agrees and does not incur 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 is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the sales 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 has received the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, without charge, to the account specified by the buyer.
5.7. 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.
6. Carriage and handing over of goods, property or services.
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.
6.3. In the event that goods, goods or services are required to be delivered repeatedly or in any way other than that specified in the order for reasons of the buyer, the buyer is obliged to pay the costs associated with the repeated delivery of goods, property or services, 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.
6.5. Other rights and obligations of the parties in the transport or transfer of goods, property or services may alter the seller's special delivery terms when the seller is issued.
7. Rights of defective performance
7.2. The seller is liable to the buyer that the goods, property, or services are not defective upon takeover. In particular, the seller is liable to the buyer that at the time the buyer took over the goods or property:
7.2.1. goods or services have properties that the parties have negotiated and, if there is no such arrangement, has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods, the property and the advertising they make,
7.2.2. the goods fit the purpose for which the seller indicates or to which the goods of this type are usually used,
7.2.3. 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,
7.2.4. the goods are in the appropriate quantity, degree, or size, and
7.2.5. goods comply with legal requirements.
7.3. 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.
7.4. 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.
7.5. Rights of defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the complaint is possible with regard to the range of goods sold, eventually even at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
8. Other rights and obligations of the parties
8.2. 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.
8.3. Consumer complaints are handled by the seller through the electronic address firstname.lastname@example.org. Buyer information will be sent to the buyer's electronic address.
8.4. The Czech Commercial Inspection, with its 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 https://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: https://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. Seller is authorized to sell goods, property or services 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.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9.2. 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 maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
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.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with regard to for the purpose of their processing, may:
9.8.1 ask the seller or processor for an explanation,
9.8.2 require the seller or processor to remove the resulting condition.
9.9. If the buyer asks for information on the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the preceding clause to request reasonable compensation not exceeding the costs necessary to provide the information.
10. Sending business messages and storing cookies
10.2. 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.
12. Final Provisions
12.2. By choosing the right under Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to him by provisions of the legal order which can not be derogated from and which would otherwise apply in the absence of choice of law under Article 6 (1) of the European Parliament Council Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.3. 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.
12.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.5. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
12.6. Contact details of the seller: delivery address AKC REAL GROUP s.r.o., Vinařického 940/20, 702 00 Ostrava - Přívoz, Czech Republic, e-mail address email@example.com, phone +420 777 350 151.
In Ostrava day 1.3.2018.