Business terms and conditions
BUSINESS TERMS AND CONDITIONS
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company
Lubomír Dudík
Bělidla 259, 779 00 Olomouc
identification number: 731 13 301
registered in the commercial register kept by the MM Olomouc, no. SMOl/Živn/53/00531/2010/Zu for the sale of goods through the online store, located on the Internet at www.beetle.cz
- INTRODUCTORY PROVISIONS
- These terms and conditions (hereinafter referred to as "business terms and conditions") The business company Lubomír Dudík, with its registered office at Bělidla 259, 77900, Olomouc, identification number: 73113301, entered in the Trade Register kept (hereinafter referred to as"the seller") govern in accordance with the provisions of section 1751, paragraph. 1 of law No 89/2012 Coll., the civil code (hereinafter referred to as "the civil code") the mutual rights and obligations of the parties arising from or on the basis of the purchase agreement (hereinafter referred to as"the purchase contract") concluded between the seller and the other natural person (hereinafter referred to as"the buyer") through the Internet business of the seller. The online store is operated by the seller to be placed on the Web page on the Internet at www.belinusart.cz (hereinafter referred to as "Web page"), and through the Web site (hereinafter referred to as"the Web interface of the shop“).
- Terms and conditions do not apply to the cases where the person who has the intention to buy the goods from the seller, it is a legal person or a person who is ordering the goods in the course of its business or in its separate profession.
- Derogating from the provisions of the business conditions can be arranged in the purchase contract. The derogation arrangements in the purchase contract shall take precedence over the provisions of the business conditions.
- The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.
- The text of the business conditions, the seller may modify or supplement. This provision shall not prejudice the rights and obligations arising for the effectiveness of the previous text of the terms of trade.
- the user account
- On the basis of the buyer's registration made on the website, the buyer may access to your user interface. From its user interface, the buyer may make ordering goods (hereinafter referred to as "the user account“). In the event that the Web interface allows you to store, ordering the goods, the buyer may be carried out with or without registration directly from the Web interface of the shop.
- When you register on the website and when ordering the goods, the buyer is obliged to give all the information correctly and truthfully. The information referred to in the user account, the buyer is obliged to change when any update. The information referred to by the buyer and user account when ordering goods by the seller are considered correct.
- Access to your user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
- The buyer is not entitled to allow the use of user's account to third parties.
- The seller may cancel the user account, and in particular in the case when the buyer your user account for more than 12 months, or in the case when the buyer violate their obligations from the contract of sale (including the terms of trade).
- The Buyer acknowledges that the user account may not be available at all times, and especially with regard to the necessary maintenance of the hardware and software of the seller. the necessary maintenance of the hardware and software of third parties.
- the conclusion of the purchase contract
- All of the goods placed in the Web interface of the shop is of informative character and the seller is not obliged to conclude a purchase agreement in respect of this item. The provisions of § 1732 paragraph. 2 of the Civil Code shall not apply.
- The Web interface provides information about the trade of goods, including the indication of the prices of individual goods. The price of the goods shall remain in force for a period of time, when they are displayed in the Web interface of the shop. This provision is not limited to the ability of the seller to conclude the purchase contract for the individually agreed terms.
- The Web interface of the shop also contains information on the costs associated with packaging and shipping the goods. Information about the costs associated with packaging and shipping the goods referred to in the Web interface of trade apply only in cases where the goods are delivered within the territory of the Czech Republic.
- For ordering the goods, the buyer will fill in the order form in the Web interface of the shop. The order form contains, in particular, information concerning:
- 3.3.1. the ordered goods (the goods ordered "inserts" buyers into the electronic shopping cart web interface),
- the method of payment of the purchase price of the goods, the information about how you want the delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter referred to collectively as "order“).
- Before sending the order to the seller, the buyer is allowed to check and change the data in the order submitted by the buyer, and even with regard to the ability of the buyer to discover and correct errors when entering data into the order. The buyer sends the order to the seller by clicking on the button "order". The information referred to in the order by the seller are considered correct. The seller immediately after receipt of the order, the buyer shall confirm this receipt (hereinafter referred to as "email address of the buyer“).
- The seller is always entitled to, depending on the nature of the order (the quantity of the goods, the amount of the purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
- The contractual relationship between the seller and the buyer creates the delivery order acceptance (acceptance) that is sent by the seller to the buyer by electronic mail, the e-mail address of the buyer.
- The buyer agrees with the use of means of distance communication in the conclusion of a purchase contract. The costs incurred by the purchaser when the use of means of distance communication in connection with the conclusion of the contract of sale (cost of the Internet connection, the cost of telephone calls), paid by the buyer himself, and these costs are different from the base rate.
- the price and terms of payment
- The price of the goods and any costs associated with the delivery of the goods according to the contract of sale, the buyer may pay the seller in the following ways:
in cash at the premises of the seller at the bleach 259, 779 00 Olomouc
cash on delivery at the place specified by the buyer in the order
bank transfer to the seller's account no. 175695457/0300 kept with ČSOB, (hereinafter "the seller's account“);
The price for the transport of goods to you will be added to the price.
Promotion not for oversized shipments whose weight after packing exceeds 30 kg and whose dimensions do not meet these criteria:
the maximum length of the consignment (longest side) of 200 cm, while the total length of the circuit and package up to 300 cm.
These oversized shipments are in agreement with the customer served by another carrier at the expense of the customer.
- Along with the purchase price, the buyer is obliged to pay the seller also costs associated with packaging and shipping the goods at an agreed rate. Unless stated explicitly otherwise, means on the purchase price and the costs associated with the delivery of the goods.
- The seller is not required from the buyer's deposit or other similar payment. This is without prejudice to the provisions of the article. 6 the terms of trade in respect of the obligation to pay the purchase price of the goods in advance.
- In the case of payment in cash or in the case of cash on delivery payment is the purchase price payable upon receipt of the goods. In the case of non-cash payment is the purchase price payable within 7 days from the conclusion of the purchase contract.
- In the case of non-cash payments, the buyer shall be obliged to reimburse the purchase price of the goods, together with an indication of the payment variable symbol. In the case of non-cash payments is the buyer's obligation to pay the purchase price at the moment of crediting relevant amount is met on the seller's account.
- The seller is entitled, in particular in the event that the buyer does not receive the additional confirmation of the order (article 6), require payment of the full purchase price before you send the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
- Any discounts from the prices of the goods supplied by the seller to the buyer cannot be combined.
- If it is in the course of trade, normal or if so provided for generally binding legal regulations, the seller shall issue in respect of the payments made on the basis of the sales contract the buyer tax document – invoice. The seller is liable to pay value added tax. Tax document – invoice shall be issued by the seller to the buyer after payment of the price of the item and send it electronically to the e-mail address of the buyer.
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- withdrawal from the contract
- The buyer takes note that, according to the provisions of § 1837 of the civil code, cannot be, inter alia, to withdraw from the purchase contract for the supply of goods that have been modified by the purchaser or for his person, from the purchase contract for the supply of goods which are subject to rapid deterioration, as well as the goods after delivery to permanently blend with other goods, from the purchase contract for the supply of goods in a closed container that the consumer of packaging and withdrew for health reasons it is not possible to return, and from the purchase contract for the supply of audio or video recordings or computer program, if violated their original packaging.
- If it is not a case mentioned in Article 1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen (14) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use sample form (download here) provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address info@beetle.cz.
- In the case of withdrawal from the contract pursuant to art. 2 business terms of the purchase agreement from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract to the seller. If the purchaser withdraws from the contract, the buyer shall bear the costs of returning the goods to the seller, and even in that case, the goods cannot be returned to their normal mail channels. the nature of the
- In case of withdrawal from the contract pursuant to art. 2 the terms of trade, the seller returns the funds received from the buyer within fourteen (14) days of the withdrawal from the contract by the buyer, in the same way as the seller from the buyer. The seller is also entitled to return the performance provided by the buyer when returning goods by the buyer or any other way, unless the buyer will agree and do not incur the additional cost to the buyer. If the purchaser withdraws from the contract, the seller is not obliged to return the funds to the buyer before the buyer returns the goods to him or established that the goods entrepreneurs posted.
- Entitled to reimbursement of damage to the goods, the seller is entitled to unilaterally set off against a claim of the purchaser to return the purchase price.
- By the time of receipt of the goods by the buyer, the seller is entitled to withdraw from the contract at any time. In this case, the purchase price to the buyer, the seller returns without undue delay, and that non-cash on the account specified by the buyer.
- If together with the goods provided to the purchaser of a gift is a gift contract concluded between the seller and the buyer with an expiry, provided that if there is a withdrawal from the contract by the buyer, shall cease on such a deed of gift of the effectiveness and the buyer is obliged to return the goods to the seller and provided a gift.
- transport and delivery of goods
- Merchandise is shipped within the Czech Republic, usually within 3 working days after receipt of order. In the case of other delivery date we will not later than the working day following receipt of your order.
The item is shipped through a freight company. Unable to deliver the address. P. O. Boxes.
- Merchandise is shipped within the Czech Republic, usually within 3 working days after receipt of order. In the case of other delivery date we will not later than the working day following receipt of your order.
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- In the case that the method of transport agreed on the basis of a specific request of the purchaser, the purchaser shall bear the risk and any additional costs associated with this way of transport.
- If the seller in accordance with the purchase contract shall be obliged to deliver the goods at the place designated in the order by the buyer, the buyer is obliged to accept the goods upon delivery.
- In the event that it is for the reasons on the part of the buyer of the goods to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated service of the goods, or the costs associated with any other method of service.
- When taking the goods from the shipper is obliged to check the integrity of the packaging, the buyer of the goods and in the event of any defects without delay, notify the carrier. In the case of a breach of the svědčícího package for the reunion of unauthorized intrusion into the cargo shipment from the shipping agent buyer may not take over.
- Other rights and obligations of the parties in the transport of goods may modify the special delivery terms and conditions of the seller, if seller issued.
- The rights and obligations of the Contracting Parties concerning rights of defective performance shall be governed by generally binding regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 BGB).
- The seller is responsible to the buyer that the goods on receipt does not have defects. In particular, the seller is responsible to the buyer, at the time when the buyer of the goods took over:
- the items property, which the party's ujednaly, and in the absence of agreement, it has such properties that the seller or manufacturer described or that the buyer had expected with regard to the nature of the goods and, on the basis of advertising carried out by them,
- the goods are fit for the particular purpose for which the seller provides for its use or for which goods of the same type are normally used;
- goods corresponds to the quality or performing obligations or master sample, if the quality or design of the sample determined according to the agreed or master,
- is the item in the corresponding amount, extent, or weight and
- of the goods complies with the requirements of the legislation.
- The provisions referred to in the article. 2 business terms and conditions shall not apply to goods sold at a lower price on a defect for which the price was lower on the wear and tear of the goods agreed, caused by its normal use for second-hand goods to defect to the extent corresponding to the use or wear and tear, which goods should in the takeover by the buyer, or if it appears that the nature of the goods.
- If the defect within six months from the receipt, it shall be deemed that the goods were already defective when received.
- For the moment the complaint is considered to be the moment when the seller has received from the buyer of the goods claimed.
- Other rights and obligations of the parties related to the responsibilities of the seller for defects may adjust the claim of the seller.
- other rights and obligations of the Contracting Parties
- The buyer acquires ownership of the goods, the payment of the full purchase price of the goods.
- The seller is not in relation to the purchaser is bound by any codes of conduct within the meaning of the provisions of section 1826 paragraph. 1 (a). (e)) of the civil code.
- Out-of-court complaints consumers provides the seller through the electronic address info@beetle.cz. Information on the processing of complaints the buyer sends the seller on the buyer's e-mail address.
- The seller is entitled to sell the goods on the basis of the business licence. Trade control carried out within its scope the Trade Licensing Office. Supervision over the areas of the protection of personal data shall be exercised by the Office for personal data protection. The Czech trade inspection performed in a defined range of, inter alia, supervision of compliance with the Act No. 634/1992 Coll. on consumer protection, as amended.
- The buyer hereby takes on himself the danger of changes in circumstances within the meaning of § 1765, paragraph. 2 of the civil code.
- protection of personal data
- Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on personal data protection, as amended.
- The buyer agrees to the processing of their personal data: name and surname, address, identification number, tax identification number, e-mail address, phone number (hereinafter referred to collectively as "allpersonal information“).
- The buyer agrees to the processing of personal data by the seller, and that for the purposes of the realization of the rights and obligations from the purchase contract and for the purposes of the management of the user account. If the buyer has chosen a different option, agree to the processing of personal data by the seller for the purposes of sending information and business communication from the buyer. Consent to the processing of personal data in its entirety under this article is not a condition, which itself would prevent the conclusion of a purchase contract.
- The Buyer acknowledges that it is bound to its personal information (registration, in your user account, when you order you made from the Web interface of the shop) truthfully and correctly placed and that it is obliged to inform the seller without delay of a change in your personal data.
- Processing of personal data of the buyer, the seller may entrust the third person, as the processor. In addition to the persons delivering the goods the seller will not be personal information without the prior consent of the buyer is forwarded to third parties.
- Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or in printed form neautomatizovaným way.
- The buyer confirms that the provided personal data are accurate and that he was advised that this is a voluntary provision of personal data.
- In the event that the buyer thought that the seller or the processor (article 5), the processing of his personal data, which is in conflict with the protection of private and personal life of the buyer, or in conflict with the law, in particular where personal data are inaccurate having regard to the purpose of their processing, may:
- ask the seller or the processor for an explanation,
- require that the seller or the processor resulting status.
- If the buyer asks for information about the processing of their personal data, it is obliged to pass this information to the seller. The seller has the right for the provision of the information referred to in the previous sentence to require appropriate remuneration not exceeding the costs necessary for the provision of information.
- The sending of commercial communications and storage of cookies
- The buyer agrees to receive information related to the goods, services or an undertaking by the seller to the buyer's e-mail address and agree to receive commercial communications by the seller to the buyer's e-mail address.
- The buyer agrees to the storing of the so-called. cookies on his computer. In the event that the purchase is on a Web page can be made and the obligations of the seller of the purchase contract to fulfil, without storing the so-called. cookies on the computer of the buyer, the buyer may consent under the previous sentence revoked at any time.
- Delivery
- The buyer may be delivered to the e-mail address specified in the user account or the specified by the buyer in the order.
- Final provisions
- If the relationship of the purchase contract contains international (foreign) element, then the parties agree that the relationship is governed by Czech law. This shall not prejudice the rights of the consumer arising from the generally binding legal regulations.
- If some of the provisions of the business conditions invalid or ineffective, or such to happen, rather than the invalid provisions the provisions of the will, the sense of an invalid provision most approaches. Invalidity or ineffectiveness of one provision does not dotknutá the validity of the other provisions. Changes and supplements to the contract of sale or business conditions require the written form.
- The purchase agreement, including the terms of trade is archived by the seller in electronic form and is not accessible.
- The annex to the business terms and conditions make up the standard form for the withdrawal from the contract.
- The seller's contact information: the address for the service of Bleach 259, 779 00 Olomouc
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20.4.2015 June in Olomouc