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BUSINESS TERMS AND CONDITIONS

 

Výměna-displeje.cz s.r.o. a business corporation with registered office at Mírové náměstí 116, 432 01 Kadaň, Czech Republic, identification number: 03083233, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 34288, for the sales of goods via an online shop located at https://www.vymena-displeje.cz

 

1. preamble

1.1. These Business Terms and Conditions (hereinafter referred to the "BTC") of Výměna-displeje.cz s.r.o. a business corporation with registered office at Mírové náměstí 116, 432 01 Kadaň, Czech Republic, identification number: 03083233, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 34288 (hereinafter referred to as the "Seller") in accordance with Section 1751(1) of the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to the "Civil Code") regulate the mutual rights and obligations of the Contracting Parties originating based on or in relation to the Purchase Contract (hereinafter referred to the "Purchase Contract") entered into by and between the Seller and another natural person (hereinafter referred to the "Buyer") via the Seller’s e-shop. The e-shop is operated by the Seller at the website located at https://www.vymena-displeje.cz (hereinafter referred to the "website") via the web interface (hereinafter referred to the "e-shop web interface").

1.2. The BTC are not applicable to cases where a person intending to buy goods from the Seller is a legal entity or a person acting in the course of his/her business undertaking or as an independent entrepreneur, when ordering the goods.

1.3. Provisions derogating from the BTC may be negotiated in the Purchase Contract. Any deviating provisions in the Purchase Contract shall take precedence over the provisions of the BTC.

1.4 Provisions of the BTC form an integral part of the Purchase Contract. The Purchase Contract and the BTC are drawn in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5. The Seller may change or amend the wording of the BTC. This provision has no effect on the rights and obligations arising during the period of validity of the previous version of the BTC.

 

2. user account

2.1. Based on the Buyer’s registration made on the website, the Buyer may access his/her user interface. The Buyer can order the goods from his/her user interface (hereinafter referred to the "user account"). If the shop’s web interface allows it, the Buyer can also order the goods without registration, directly from the shop’s web interface.
2.2. When registering on the website and when ordering the goods, the Buyer is obliged to enter all the data correctly and truthfully.  The Buyer is obliged to update the details given in the user account in case of any change in the data. Data provided by the Buyer in the user account and when ordering the goods are deemed correct by the Seller.

2.3. Access to the user account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The Buyer is not authorized to allow the use of the user account by third parties.

2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 1 year, or if the Buyer breaches his/her obligations arising from the Purchase Contract (including the BTC).
2.6. The Buyer acknowledges that the user account does not have to be available continuously, especially with regard to the necessary maintenance of the Seller’s or third parties’ hardware and software. 

 

3. PURCHASE CONTRACT CONCLUSION

3.1. All presentations of the goods placed on the shop’s web interface are intended for information only and the Seller is not obliged to conclude a purchase contract for these goods. The provisions of Sec. 1732(2) of the Civil Code shall not be applicable.

3.2. The shop’s web interface contains information about the goods, including prices of the individual goods and the costs of the goods returning if the nature of the goods does not allow for returning by the standard postal route. The goods prices are quoted including the value added tax and all related fees. The goods prices remain valid for as long as they are displayed on the shop’s web interface. This provision does not limit the Seller’s ability to conclude a purchase contract with individually negotiated terms and conditions.

3.3. The shop’s web interface also includes information on the costs of the goods packing and delivery. Details on the costs associated with the goods packing and delivery provided on the shop’s web interface are applicable only in cases, when the goods are delivered within the territory of the Czech Republic.

3.4. To order the goods, the Buyer fills in the purchase order form on the shop’s web interface. The purchase order form contains namely the following details:

3.4.1. ordered goods (the Buyer “puts” the ordered goods into the electronic shopping cart in the shop’s web interface);
3.4.2. the goods price payment method, details on the demanded delivery method of the ordered goods; and

3.4.3. information on the costs associated with the goods delivery (collectively referred to the "purchase order").

3.5. Before the purchase order sending to the Seller the Buyer has the possibility to check the purchase order and correct any errors that occurred when entering data to the purchase order. The Buyer sends the purchase order  to the Seller by clicking the "Complete purchase order" button. The data listed in the purchase order shall be deemed correct by the Seller. Upon the purchase order receipt, the Seller will immediately confirm the receipt to the Buyer by e-mail, to the Buyer’s email address provided in the user account or in the purchase order (hereinafter referred to the "Buyer’s e-mail address").

3.6. Depending on the nature of the purchase order (goods quantity, purchase price amount, expected transport costs), the Seller shall always be entitled to ask the Buyer for an additional confirmation of the purchase order (for example, in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is created by the delivery of the purchase order receipt confirmation (acceptance) sent to the Buyer’s e-mail address.

3.8. The Buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the Buyer when using remote means of communication in connection with the purchase contract conclusion (costs of Internet connection, telephone call costs) shall be borne by the Buyer, whereat these costs shall not differ from the basic rate.

 

4. price of the goods and payment terms

 

4.1. The Buyer may pay the price of the goods and any possible costs associated with the goods delivery under the Purchase Contract, to the Seller in the following manner:

- in cash at the Seller’s premises at Mírové náměstí 116, 432 01 Kadaň

- cash on delivery at the place specified by the Buyer in the purchase order;

- by wire transfer to the Seller’s account number 2900604191/2010, kept at Fio, a.s. (hereinafter referred to the "Seller’s  account");

-  by non-cash payments via the GOPAY payment system;

-  by non-cash payments by a payment card;

4.2. Together with the purchase price, the Buyer is also obliged to pay to the Seller the costs associated with the goods packing and delivery, in the agreed upon rate. Unless expressly specified otherwise, the purchase price as used hereunder shall be deemed to also mean the costs associated with the goods delivery.

4.3. The Seller does not demand any advance payment or any other similar payment from the Buyer. This is without prejudice to the provisions of the Article 4.6 of the BTC regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days from the Purchase Contract conclusion.
4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with stating the variable symbol. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price shall be fulfilled when the relevant amount is credited to the Seller’s account.

4.6. The Seller is entitled, in particular when the Buyer does provide the additional confirmation of the purchase order (Article 3.6), to request payment of the full purchase price before the goods dispatching to the Buyer. Sec. 2119(1) of the Civil Code shall not be applicable.

4.7. Any potential discounts from the price of the goods provided by the Seller to the Buyer cannot be mutually combined.

4.8. If customary in the course of business or if stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer in respect of the payments made under the Purchase Contract. The Seller is a value added tax payer. The Seller shall issue the tax document - the invoice to the Buyer after payment of the price of the goods and shall send it in an electronic format to the Buyer’s e-mail address.
4.9. Under the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue at the tax administrator online; in the event of any technical failure, within 48 hours at the latest.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Sec. 1837 of the Civil Code, it is not possible, besides others, to withdraw from a purchase contract for the delivery of goods which has been customized according to the Buyer’s wishes or for the Buyer, from a purchase contract for the delivery of goods that spoils fast or goods that have been irreversibly mixed with other goods after the delivery, from a purchase contract for the delivery of goods in a sealed packing, which the consumer has taken out from the packing and for hygienic reasons the goods cannot be returned, and from a purchase contract for the delivery of a sound or visual recording or a computer program, if the original packing is broken by the customer.

5.2. Unless it is one of the cases referred to in the Article 5.1 of the BTC or any other case, when it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with Sec. 1829(1) of the Civil Code, in the period of fourteen (14) days from the goods take over, whereat if the subject-matter of the Purchase Contract are several types of goods or deliveries of several parts, this period starts on the day of the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. In order to withdraw from the Purchase Contract, the Buyer may use the specimen form provided by the Seller, forming an annex to the BTC. The Buyer may send the withdrawal from the Purchase Contract, beside others, to the address of the Seller’s operational premises or to the Seller’s e-mail address info@vymena-displeje.cz.

5.3. In case of withdrawal from the Purchase Contract according to the Art. 5.2 of the BTC, the Purchase Contract is rendered void. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Purchase Contract delivery to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the goods returning to the Seller, also even if the goods, with regard to the nature of the goods, cannot be returned by the standard postal route.

5.4. In case of withdrawal from the Purchase Contract according to the Art. 5.2 of the BTC, the Seller shall return the funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal from the Purchase Contract, in the same manner as the Seller has received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer already upon the goods returning by the Buyer or in any other manner, provided that the Buyer agrees with it and does not incur any additional costs. 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 proves that the goods have been dispatched to the Seller.

5.5. The Seller is authorized to unilaterally setoff the claim arising from the right to compensation of damages to the goods with the Buyer’s claim arising from the right to the purchase price returning.

5.6. In cases, when the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Sec. 1829(1) of the Civil Code, the Seller shall also be entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such case, the Seller shall return the Purchase Price to the Buyer without any undue delay, by a bank transfer 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 cancellation condition that if the Buyer withdraws from the Purchase Contract, the gift agreement ceases to be effective in respect of such gift and the Buyer shall be obliged to return the given gift to the Seller together with the goods.


6. goods transport and delivery

6.1. If the mode of transport is agreed upon based on the Buyer’s special request, the Buyer bears the risk and any possible additional costs associated with such mode of transport.

6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the purchase order, according to the Purchase Contract, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in different manner than specified in the purchase order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, the costs associated with the other manner of delivery, respectively.

6.4. Upon the goods take over from the carrier, the Buyer is obliged to check the integrity of the packing and, in the event of any defects, to immediately report them to the carrier. If any breaking of the packing indicating an unauthorized penetration into the consignment is discovered, the Buyer does not have to take the consignment over from the carrier.

6.5. Other rights and obligations of the parties regarding the transport of the goods may be governed by the Seller’s special delivery terms and conditions, if issued by the Seller.

 

7. rights arising from DEFECTIVE performance

7.1. The rights and obligations of the parties in respect of defective performance are governed by the applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., on protection of consumers, as amended).
7.2. The Seller is liable to the Buyer that the goods shall be free of any defects upon the goods take over.  The Seller is namely liable to the Buyer that in the time of the goods take over by the Buyer, the goods:

7.2.1. have the properties agreed upon by the parties, and in the absence of an agreement, possess such properties as the Seller or the manufacturer has described or that the Buyer has expected with regard to the nature of the goods and based on the advertising they make,

7.2.2. are fit for the purpose which the Seller indicates or for which goods of such type are normally used,

7.2.3. correspond by the quality or design to the agreed upon sample or specimen, if the quality or design has been determined on the basis of the agreed upon sample or specimen,

7.2.4. are of the appropriate quantity, volume or weight and

7.2.5. comply with legal requirements.

7.3. The provisions of the Article 7.2 of the BTC are not applicable to goods sold at a lower price due to a defect for which the lower price has been agreed upon, to wear and tear of the goods caused by normal use, in case of used goods to a defect corresponding to the extend of the goods use or wear and tear appearing at the goods already when taking over by the Buyer, or if it results from the nature of the goods.

7.4. If the defect appears within six months from the takeover, the goods are deemed to have been defective already at the takeover. The Buyer is entitled to claim the rights arising from a defect appearing at consumer goods within twenty-four months from the goods takeover.

7.5. Rights arising from defective performance shall be exercised by the Buyer towards the Seller at the address of the Seller’s operational premises, in which acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or the place of business.

7.6. Other rights and obligations of the parties in respect of the Seller’s liability for defects may be regulated by the Seller’s Claim Rules.


8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires the title to the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in respect of the Buyer in the meaning of Sec. 1826(1)(e) of the Civil Code.

8.3. Any consumer complaints are handled by the Seller through the e- mail address info@vymena-displeje.cz. The Seller shall send a notification to the Buyer about the complaint processing to the Buyer’s e-mail address.
8.4. The Czech Trade Inspection Authority /Česká obchodní inspekce/ with the registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is the relevant authority for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Contract.

8.5. The European Consumer Center Czech Republic /Evropské spotřebitelské centrum Česká Republika/, with the registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and on amendment of the Regulation (EC) No. 2006/2004 and the Directive 2009/22/EC (Consumer Dispute Resolution Online).

8.6. The Seller is authorized to sell the goods on the basis of a trade license. The trade license supervision is carried out by the relevant Trade Licensing Office within the scope of its competence. The supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, among other things, the supervision over compliance with the Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The Buyer hereby takes on the risk of changing circumstances in the meaning of Sec. 1765(2) of the Civil Code.


9. personal data protection

9.1. The Seller fulfills its obligation to inform the Buyer in the meaning of the Article 13 of the Regulation (EC) No. 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to the "GDPR ") in respect of the Buyer’s personal data processing for the purposes of the Purchase Contract fulfillment, for the purposes of contractual negotiations and to fulfill the Seller’s  obligations towards public, by  a special document.

 

10. commercial communication sending and cookie storing

10.1. The Buyer agrees that the Seller may send information relating to the Seller’s goods, services, or business to the Buyer’s e-mail address, and the Buyer also agrees that the Seller may send commercial communication to the Buyer’s electronic address. The Seller fulfills its obligation to inform the Buyer in the meaning of the Article 13 of the GDPR in respect of the Buyer’s personal data processing for the purposes of commercial communication sending, by a special document.

10.2. The Buyer agrees with the so-called cookies storing on his/her computer. If the purchase through the website is possible and if the Seller’s obligations under the Purchase Contract can be fulfilled without the so-called cookies storing on the Buyer’s computer, the Buyer may at any time withdraw the consent granted under the previous sentence.


11. delivery

11.1. Deliveries to the Buyer may be made to the Buyer’s e-mail address.

 

12. final provisions

12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by the Czech law. By choice of the law under the previous sentence, a Buyer, who is a consumer, is not deprived of the protection granted to him/her by provisions of the legal code, from which it is not possible to contractually derogate, and on which the provisions of the Article 6(1) of the 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), would be applicable in the absence of the choice of law.

12.2. If any provision of the BTC is or becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is as close to the invalid provision as possible. The invalidity or ineffectiveness of one provision shall have no effect on the validity of the remaining provisions.

12.3. The Purchase Contract, including the BTC, shall be archived by the Seller in an electronic format and shall not be accessible.

12.4. The specimen form for withdrawal from the Purchase Contract forms an annex to these BTC.

12.5. The Seller’s contact details: delivery address: Výměna-displeje.cz s.r.o. Mírové náměstí 116, 432 01 Kadaň Czech Republic, e-mail address info@vymena-displeje.cz, phone no. +420 417 639 502.

In Kadaň, on 24 May 2018 Aleš Kulich – the Executive

 

Specimen form for withdrawal from the purchase contract can be downloaded here.

For information on personal data processing click here.