I. Introductory provisions
1.1. Use of business conditions
These terms and conditions govern, in accordance with the provisions of § 1751, paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations of the parties arising from the purchase contract (hereinafter agreement ”) between the seller (hereinafter referred to as the“ seller ”) business company NÁSTROJE CZ, sro, with its registered office at Riegrova 399, 69701 Kyjov, identification number: 27674207, a company registered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 14144 (hereinafter also only "NÁSTROJE CZ, sro" or "seller") and another natural person (hereinafter referred to as "buyer") through the online store of the company of the seller. These business conditions are valid and effective from 1 September 2017 and fully replace the previous business conditions. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession. The buyer is the consumer. In accordance with Section 419 of the Civil Code, a consumer is any person who, outside the scope of his business activities or outside the scope of independent performance of his profession, enters into a contract with NÁSTROJE CZ, s.r.o. or otherwise deals with it.
1.2. Website
This online store is operated by the seller on a website located at the internet address http://obchod.nastrojecz.cz/ (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store").
1.3. The rule of law
The rights and obligations between the seller and the buyer are governed by the laws of the Czech Republic, even in the presence of an international (foreign) element.
1.4. Purchase contract and business conditions
The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaint procedure, and that he agrees with them. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
II. User account
2.1. Creation of a user account
Based on the registration of the buyer through the online store, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account").
2.2. Buyer information and user account security
When registering and ordering goods, the buyer is obliged to always state all data correctly and truthfully. The buyer is obliged to always update the data specified in the user account whenever they change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller. Access to the 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 the user account to third parties.
2.3. Availability and cancellation of the user account
The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates its obligations under the purchase agreement, including the terms and conditions.
III. Conclusion of the purchase contract
3.1. Offer of goods
The web interface of the store contains information about the goods offered by the seller, including the prices of individual goods and the cost of returning the goods, if these goods by their nature can not be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The price of the goods already includes a possible fee for the disposal of electrical waste. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. Ordering goods
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about: a) by the buyer b) the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store), c) the required method of payment of the purchase price of the goods, d) the required method of delivery of the ordered goods, e) costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.3. Confirmation of receipt of the order and conclusion of the purchase contract by confirmation of receipt of the order
Before sending the order to the seller, the buyer is allowed to check the data, as well as change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "send order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller shall confirm the receipt of the order to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address"). The received order of the buyer's goods is a proposal for concluding a purchase contract. The contractual relationship between the seller and the buyer arises from the subsequent sending of an order confirmation (acceptance) by the seller, which is sent by the seller to the buyer by e-mail to the buyer's e-mail address, where the purchase contract is concluded between the participants. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone). The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
IV. Price of goods and methods of payment
4.1. Goods price
Along with the purchase price, the buyer is obliged to pay the seller any costs associated with packaging and delivery of goods to the buyer in the agreed amount, unless otherwise agreed in the purchase contract.
4.2. Method of payment of the price of goods
The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways: - in cash at the seller's premises intended for the issue of goods - in cash on delivery at the place specified by the buyer in the order - cashless payment card at the seller's premises intended for the issue of goods - cashless transfer to the bank account of the seller number 212924416/0300 kept at Československá obchodní banka a.s. (hereinafter referred to as the "seller's account")
4.3. Maturity of the purchase price
The seller may require the buyer to pay a deposit or other similar payment, especially in cases where the goods state that "the goods are on the way from the supplier". In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract, but before delivery of the goods to the buyer. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order, see Article III. paragraph 3.3. The fifth sentence of these terms and conditions require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 part. 1 of the Civil Code shall not apply. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.4. Tax document-invoice, receipt
If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address. According to the Act on the Registration of Sales (Act No. 112/2016 Coll.), The seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
V. Transport and delivery of goods
5.1. Method of delivery of goods
In the event that the mode of transport for the delivery of goods is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. When placing an order, the buyer can also choose the method of delivery of goods by personal collection in some of the seller's stores, while the buyer must select a specific store when placing an order. Personal collection of goods by the buyer is possible in stores at: Dobruška, Fr. Kupky 324, CZ-518 01 Dobruška, Phone: +420 491 615 788, Mobile: +420 606 086 884 Email: dobruska@nastrojecz.cz Bučovice, Nádražní 560, CZ-685 01 Bučovice, Phone: +420 515 553 603, Mobile: +420 775 380 844 Email: bucovice@nastrojecz.cz Lanškroun, Nádražní 1, CZ-563 01 Lanškroun, Phone: +420 491 615 787, Mobile: +420 727 955 130 Email: lanskroun@nastrojecz.cz Plzeň, Sladkovského 449/7, CZ-326 00 Plzeň, Phone: +420 373 700 675, Mobile: +420 722 928 400 Email: plzen@nastrojecz.cz 5.2. Acceptance of goods
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
5.3. Repeated delivery of goods
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
5.4. Special delivery conditions
Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
VI. Withdrawal from the purchase contract
6.1. Purchase contracts from which the buyer cannot withdraw
The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods , which has been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or computer program original packaging.
6.2. Withdrawal from the contract by the buyer
In accordance with the provisions of § 1829 par. 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract, unless it is a case referred to in Article 6.1. business conditions or another case where it is not possible to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of 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 the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract may be sent to the seller by the buyer to the address of the seller's office or to the seller's e-mail address objednavky@nastrojecz.cz 6.3. Return of goods and refund of the purchase price after withdrawal from the purchase contract
In the event of withdrawal from the purchase contract pursuant to Article 6.2. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller no later than fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail. In the event of withdrawal from the contract pursuant to Article 6.2. of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to returnperform the performance provided to the buyer already at the return of the goods to the buyer or in another way, if the buyer agrees and there is no additional costs for 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 proves that he sent the goods back to the seller. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return it together with the goods to the seller. and the gift provided.
6.4. Withdrawal from the contract by the seller
Until the goods are taken over by the buyer, in cases where the buyer has the right according to § 1829 paragraph 1 of the Civil Code the right to withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price paid to the buyer without undue delay, in cash to the account designated by the buyer.
VII. Defective performance rights
7.1. Responsibility of the seller
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll. on consumer protection, as well as relevant generally binding regulations. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods: (a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or manufacturer, having regard to the nature of the goods and the advertising made by them; b) the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used, c) the goods are in the appropriate quantity, measure or weight and comply with the requirements of legal regulations, (d) the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model Provisions referred to in the previous paragraph of this Article 7.1. of the terms and conditions shall not apply to goods sold at a lower price for a defect for which a lower price has already been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had if it is from the nature of the goods. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt of the goods. Other periods stated on the goods sold, on the packaging, in the instructions attached to the item or in the advertisement shall not apply and are excluded.
7.2. Buyer's rights from defective performance
The rights arising from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer. If the buyer exercises the right from the defective performance, the other party will confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration.
7.3. Making a complaint
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller agrees with the consumer on a longer period. After this period, the consumer has the same rights as if it were a defect that cannot be remedied. The seller is obliged to issue a written confirmation to the consumer about when the consumer exercised the right, what is the content of the complaint and what method of handling the complaint the consumer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. In the sense of the provisions of § 1820 par. 1) let. j) of the Civil Code, the seller informs that with an out-of-court complaint, the consumer may turn to a control body, which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.
VIII. Other arrangements
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. Complaint handling The handling of buyers' complaints is provided by the seller via the electronic address objednavky@nastrojecz.cz. Information on the settlement of the purchase complaint the seller to the buyer's email address.
8.3. Resolution of consumer disputes arising from the purchase contract The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
8.4. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with obligations pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.6. It can be delivered to the buyer to the buyer's email address.
8.7. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
8.8. Contact details of the seller: delivery address NÁSTROJE CZ, s.r.o., Production plant and central skald Ždánice, area Šroubárny Ždánice, Nádražní 418, CZ-696 32 Ždánice, e-mail address objednavky@nastrojecz.cz, phone 491 615 785.
IX. Protection of personal data
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and possibly and others (hereinafter collectively referred to as "personal data"). The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.3. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.4. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner. In the event that the buyer believes that the seller or processor performs the processing of his personal data, which is contrary to the protection of privacy and personal life of the buyer or contrary to law, especially if personal data are inaccurate with respect to the purpose of their processing, may: - ask the seller or processor for an explanation, - require the seller or processor to remedy the situation thus created. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
9.5. We determine your satisfaction with your purchase via e-mail questionnaires within the Verified by customers program, in which our e-shop is involved. We send them to you every time you buy from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some information society services, you will not refuse to send them. We process personal data for the purpose of sending questionnaires within the Verified by customers program on the basis of our oprinterest, which consists in determining your satisfaction with your purchase with us. We use a processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyze our market position; For this purpose, we may pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire further.
X. Final provisions
10.1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.2. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
10.3. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
10.4. These terms and conditions are valid and effective as stated on the website of the seller on the day of sending the electronic order to the buyer. We reserve the right to change business conditions.
In Kyjov on September 1, 2017
NÁSTROJE CZ, s.r.o.
