TERMS AND CONDITIONS
ERPET Group a.s.
based Strakonická 2860/4, Praha 5, 15000
identification number: 26138093
Společnost je zapsaná v obchodním rejstříku vedeném Městským soudem v Praze, oddíl B, vložka 6285
for sale of goods through an online store located at https://www.erpetcrystal.cz
1. Basic provisions
1.1. These Terms of Business ("Business Terms") of ERPET Group a.s., Strakonická 2860/4, Praha 5, 15000, , Společnost je zapsaná v obchodním rejstříku vedeném Městským soudem v Praze, oddíl B, vložka 6285 (hereafter "Seller") in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (hereinafter referred to as the "Purchase Contract" concluded between the seller and a natural or legal person (the "buyer") via the Internet shop of the provider. The e-shop is operated by the seller on a web site located at https://www.erpetcrystal.cz (hereinafter referred to as the "web").
1.2. Current Terms of Business Terms and Conditions are published on the web.
1.3. These terms and conditions are also available to the buyer prior to submitting the order form ("Order") on the web. By sending the order, the buyer agrees to these terms and conditions. At the same time, the Buyer confirms that he agrees with and agrees with the wording of these business terms and accepts them in their entirety. These Terms and Conditions are binding on both parties.
1.4. 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.
1.5. Business terms and conditions are an integral part of the sales contract. 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.
1.6. 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
2.1. Based on the buyer's registration made on the web, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account").
2.2. When registering on the web and ordering goods, the buyer is obligated to provide all the information correctly and truthfully. 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.
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 / her 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 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 provider, maintenance of hardware and software of third parties.
3. Closing the Purchase Agreement
3.1. All presentations of the goods placed on the web 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.
3.2. The web store contains information about the goods, including the indication of the prices of individual goods and the cost of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including taxes and all related fees. Product prices remain valid for as long as they are displayed on the web. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The web also contains information on the costs associated with packing and delivery of goods. Information on the costs associated with the packing and delivery of goods listed on the web is valid only in cases where the goods are delivered within the territory of the Czech Republic unless otherwise stated on the website.
3.4. To order the goods, the buyer will fill out an order on the web. In particular, the order contains information about:
3.4.1. ordered goods (ordered goods "put" buyers into an electronic shopping cart on the web),
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
3.4.3. information on the costs of delivering the goods.
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 is sent by the buyer to the seller by clicking the "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, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the buyer is the delivery of the order (acceptance), which is sent to the buyer by e-mail to the purchaser at the buyer's electronic 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 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 terms
4.1. The buyer may pay the buyer for the price of the goods and any costs associated with delivering the goods under the sales contract in the following ways:
In the case of non-cash transfer payment, the payment is made to the seller's bank account: 4233412004/2700
4.2. Together with the purchase price, the buyer is also required to pay the seller 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.
4.3. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 15 days after the purchase agreement was concluded.
4.4. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. 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.
4.5. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7. 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 document - invoice to the purchaser in respect of payments made under the purchase contract. Seller je VAT payer. 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 Purchase Agreement
5.1. The Buyer notes 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 or his person's wish, from the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
5.2. If the case is not referred to in Article 5.1 of the Commercial Terms and Conditions or in another case where the purchase contract can not be withdrawn, the buyer - the consumer has to withdraw the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, up to fourteen (14) 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. Withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence, in writing to the seller's address or to the email address of the seller # EMAIL #.
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. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the purchaser 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 under Article 5.2 of the Terms and Conditions, 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 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 is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer - consumer has the right to withdraw from the sales contract in accordance with the provision 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 takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer's account.
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 delivery of goods
6.1. 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.
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. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that 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.
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 package indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier and is obliged to inform the seller.
6.5. If the buyer does not take delivery of the goods and the seller for this reason costs, the seller is entitled to claim these costs to the buyer. The cost of shipping to the buyer and returning it after the buyer is not returned to the seller is up to a maximum of $ 200.
6.6. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
7. Rights of defective performance
7.1. 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 634/1992 Coll. as amended).
7.2. 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:
7.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as 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,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally 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 weight 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 to defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the claim 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
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
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 via email # EMAIL #. Buyer information will be sent to the buyer's electronic address.
8.4. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: www.coi.cz., is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform, located at 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: www.evropskyspotrebitel.cz/ is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Consumer Dispute Resolution online and on amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
8.6. The seller is authorized to sell the 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.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
10.1. The buyer may be delivered to the buyer's electronic address.
11. Final Provisions
11.1. 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.
11.2. 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.
11.3. The Seller is entitled to change the terms and conditions and publish the new version of the Terms and Conditions on its website without undue delay.
11.4. The purchase contract, including business terms, is archived by the provider in electronic form and is not accessible.
11.5. Each Party shall promptly inform the other Party of any facts that may affect the performance of the Service Agreement.
11.6. Seller's Contact Address: # STREET #, # CITY #, # ZIP #, E-mail Address: # EMAIL #, Phone # PHONE #.
11.7. These Terms and Conditions are valid and effective on May 24, 2018