with registered office at Špindlerův Mlýn 159, Špindlerův Mlýn, postal code: 543 51identifikační číslo: 02012049
Case number C 32572 filed with the Regional Court in Hradec Králové
or the sale of goods through an online store located at:
1 INTRODUCTORY PROVISIONS
1 These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of Merchandising For You, s.r.o., with registered office at Špindlerův Mlýn 159, postal code: 543 51, identification number: 02012049, file number C 32572 kept at the Regional Court in Hradec Králové "The Seller") govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code ("the Civil Code") the mutual rights and obligations of the parties arising out of or in connection with the Purchase Agreement "Purchase Agreement") concluded between the seller and another natural person (the "Buyer") through the seller's Internet shop. The e-shop is operated by the seller on a website located at www.merchator.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the shop").
2 Business conditions do not apply to cases where a person intending to buy the goods from a seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
3 A provision 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.
4 The Terms of Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
5 The wording of the business terms and conditions may be changed or supplemented by the seller. 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
1 Buyers can access their user interface based on the buyer's registration on the website. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2 When registering on a website and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
3 Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
4 The buyer is not authorized to allow the use of the user account to third parties.
5 Seller may cancel the user account, especially if the buyer does not use his user account for more than 365 days, or if the buyer breaches his obligations under the sales contract (including business terms).
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 seller, necessary maintenance of hardware and software of third parties.
3 CLOSING CONTRACT
1 All presentations of the goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
2 The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3 The store's web interface also includes information on the costs associated with packing and delivery of 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.
4 To order the goods, the buyer will fill in the order form in the web interface of the store. The order form contains, in particular, information about:
1 ordered goods (the ordered goods “put" by the buyer into the electronic shopping cart of the web interface of the store),
2 way of payment of the purchase price of the goods, details of the required way of delivery of the ordered goods and
3 information on the costs associated with the supply of goods (collectively referred to as "the order").
5 Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, even with regard to the buyer's ability to identify and correct the errors occurring when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "order" button. The data listed in the order are deemed correct by the seller. On receipt of the order, the Seller will send acknowledge receipt of the receipt to the buyer's email address listed in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
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, purchase price, estimated transportation costs).
7 The contractual relationship between the seller and the buyer arises by delivering the receipt of the order (acceptance), which is sent to the e-mail address of the buyer.
8 Buyer agrees to use distance communication tools when entering into a sales contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4 PRODUCT PRICE AND PAYMENT CONDITIONS
1 The buyer may pay the Buyer's cost of goods and any costs associated with the delivery of the goods in accordance with the purchase contract in the following ways:
2 Online cashless transfer to the account through the payment gateway THE PAY to account number: 115-3635490297 / 0100 (hereinafter referred to as the "Seller Account"). Or by transferring to account number: 115-3635490297 / 0100.
3 Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4 The Seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.5 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
5 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
6 The Seller is entitled, in particular, in the event that the Purchaser does not receive the additional confirmation of the order (Article 3.6), to claim the full purchase price before the goods are dispatched to the Purchaser. Paragraph 2119 (1) of the Civil Code does not apply.
7 Any discounts on the price of the goods provided by the seller to the buyer can not be combined.
8 If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax invoice - invoice to the buyer in respect of payments made under the purchase contract. The seller is a value-added taxpayer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
5 WITHDRAWAL FROM THE BUYER'S CONTRACT
1 The Purchaser acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish, from the purchase contract for the delivery of perishable goods, goods which have been irreversibly mixed with other goods after the delivery of the goods has been in a sealed package which the consumer has removed from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the supply of a sound or image record or a computer program, their original packaging. The Seller points out that the goods offered on this website are considered to be goods which are regulated according to the wishes of the consumer and his / her person, therefore, it is not possible to withdraw from the purchase contract according to the provisions of Section 1829 of the Civil Code.
2 If the case referred to in Article 5.1 of the Commercial Conditions or another case where the purchase contract can not be withdrawn, the Purchaser shall, in accordance with Section 1829 (1) of the Civil Code, withdraw from the Purchase Contract, up to 14 (fourteen) days after receipt of the goods, 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. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller's premises or to the seller's e-mail address.
3 In the event of withdrawal from the Purchase Contract in accordance with Article 5.3 of the Terms and Conditions, the Purchase Contract shall be canceled from the outset. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
4 In the event of withdrawal under Article 5.3 of the Terms and Conditions of Sale, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the fulfillment 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 The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price.
6 TRANSPORT AND SUPPLY OF GOODS
1 The delivery method is determined by the seller unless otherwise specified in the sales contract. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
2 If the seller is obliged to deliver the goods in the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
3 If, for reasons on the part of the buyer, the goods are to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
4 When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the case of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating an unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
5 Further rights and obligations of the parties in the transport of goods, including the price of the shipment, are listed in the section Terms of delivery and payment on the website of the seller.
7 RIGHTS OF FAULT FULFILLMENT
1 The rights and obligations of the parties regarding defective performance are governed by 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 Consumer Protection Act No. 634/1992 Coll. , as amended).
2 The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
1, the goods have quality that the parties have negotiated and, if the arrangement is lacking, possesses features that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
(2) the goods are suitable for the purpose which the seller indicates or to which goods of this type are normally used,
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,
(4) the goods are in the appropriate quantity, degree or weight and
5 goods comply with legal requirements.
3 The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect which a lower price has been agreed for wear and tear caused by their normal use, takeover by buyers, or if it results from the nature of the goods.
4 If a defect occurs within six months of the takeover, the goods shall be deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover.
5 Rights of defective performance are claimed by the buyer at the seller's address: Merchandising For You, s.r.o., Špindlerův Mlýn 159, 543 51.
6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
8 OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1 Buyer acquires ownership of the goods by paying the full purchase price of the goods.
2 Buyer acknowledges that software and other components that make up the web interface of the store (including photographs of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that could allow him/her or third parties to tamper with or improperly use the software or other components that make up the web interface of the store.
3 Buyers are not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.
4 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) e) the Civil Code.
5 The Czech Commercial Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, IČO: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes.
6 The Seller is authorized to sell goods 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.
7 The Buyer acknowledges that the seller is not responsible for any errors resulting from third-party interference with a website or the use of a website contrary to its intended purpose.
8 The Seller is obliged to issue a receipt to the Buyer under the Sales Records Act. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
9 The purchaser hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
1 The buyer may be delivered to the buyer's electronic address.
10 FINAL PROVISIONS
1 If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
2 If any provision of the Terms of Business is invalid or ineffective, or if it becomes, instead of invalid clauses, a clause giving meaning to an invalid provision approximates as much as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
4 The Annex to the Business Terms and Conditions forms a template for withdrawal from the sales contract.
5 Contact details of the seller: Merchandising For You, s.r.o., Špindlerův Mlýn 159, 543 51, e-mail address email@example.com, phone +420 731582403.
In Špindlerův Mlýn on 1st November 2016