GENERAL TERMS AND CONDITIONS
company
Prabos plus a.s.
Comenius 9
763 21 Slavičín
ID number: 26272857
registered in the commercial register kept by the Regional Court in Brno, section B, insert 3864
(hereinafter also referred to as "seller")
I. GENERAL PROVISIONS
These general terms and conditions (hereinafter referred to as the "terms and conditions") apply to purchases in the seller's online store operated at the Internet address www.prabos.cz (hereinafter referred to as the "e-shop"), while defining and specifying the rights and obligations of the seller and the buyer in more detail . The terms and conditions are accessible to everyone within the e-shop.
All contractual relations between the seller and the buyer are governed by the legal order of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "OZ").
Unless expressly stated otherwise, for the purposes of these terms and conditions, in accordance with the GTC, any person who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a contract with the seller or deals with him in any other way (each such person hereinafter just "consumer").
II. PURCHASE CONTRACT
The contractual relationship between the seller and the buyer is defined by the relevant legal regulations and the purchase contract, which also includes these terms and conditions.
An offer to conclude a purchase contract is the placement of the offered goods by the seller on the website of the e-shop. The purchase contract is created when a duly completed, confirmed and sent order (hereinafter referred to as the "order") is delivered to the seller by the buyer within the e-shop.
The conclusion of a purchase contract without negotiation of all its requirements set out in the OZ is excluded in the sense of the provisions of § 1726 of the OZ. Furthermore, in accordance with the provisions of § 1740 paragraph 3) of the Commercial Code, the seller excludes the acceptance of an offer with an amendment or deviation.
The seller is obliged to immediately confirm receipt of the order to the buyer at the e-mail address specified by the buyer in his order.
By concluding a purchase contract, the seller is obligated to hand over the goods to the buyer and enable him to acquire ownership of the goods, the buyer is obligated to take over the goods and pay the seller the purchase price.
By concluding the purchase contract, the buyer expressly confirms that he is aware that these terms and conditions form an integral part of the purchase contract and that he has familiarized himself with these terms and conditions in detail. The buyer was sufficiently informed of these terms and conditions before concluding the purchase contract and had the opportunity to familiarize himself with them in full.
III. SPECIFICATION OF GOODS AND PRICE OF GOODS
The marking of the goods and a description of their main properties is given for each item directly in the e-shop.
The price of each product is listed directly in the e-shop. This price is inclusive of all taxes and fees. Under the conditions set out in these terms and conditions, the seller will charge the buyer the cost of delivering the goods to the buyer in addition to the price of the goods.
The purchase price of the goods will be agreed in each purchase contract, with the provision that the amount of such purchase price will correspond to the purchase price of the relevant goods listed in the e-shop at the time the order is sent by the buyer. The seller is entitled to change the prices of the goods unilaterally, with the understanding that such a price change will not affect the already concluded purchase contract. by e-mail. The seller accepts the following cards for payment: VISA Electron (issued by any Czech bank), VISA (issued by any Czech bank), Maestro (if the issuing bank has included the given card in the 3D-Secure system), MasterCard (issued by any Czech bank bank) The presence of the logos "Verified by Visa" of the Visa card association and "MasterCard Secure Code" of the MasterCard card association guarantees secure payment in the seller's e-shop;
2) Cash on delivery upon delivery of the goods – the purchase price will be paid by the buyer in cash upon receipt of the shipment, to the hands of the selected carrier; payment of the purchase price is a condition for handing over the goods.
3) Bank transfer - after sending the order, you will receive information from us with payment details for payment by bank transfer - account number, variable symbol (order number) and amount.
VI. CLAIMS FOR DEFECTS OF GOODS
The seller will deliver the goods to the buyer in the quantity, quality and design as agreed in the purchase contract. If the quality and execution are not agreed, the seller fulfills in the quality and execution suitable for the purpose evident from the purchase contract; otherwise usual for the purpose.
The buyer's claims for product defects (including the method of handling complaints) are governed by the relevant legal regulations, in particular the OZ.
The buyer can make a claim in any of the seller's stores or directly at the seller's headquarters.
The provisions of paragraphs 5 to 12 of this Article VI. terms and conditions apply exclusively to the buyer who is a consumer. Therefore, when the term "consumer" is used below in this article, it means a buyer who is a consumer.
The seller is responsible to the consumer that the goods are free of defects upon receipt.
The provision of paragraph 5 of this article, in accordance with the provision of § 2167 of the Civil Code, does not apply in particular:
1) For goods sold at a lower price for a defect for which a lower price was agreed;
2) For the wear and tear of the goods caused by their usual use;
3) If it follows from the nature of the matter.
The consumer is entitled to exercise the right from a defect that occurs in the goods within 24 (twenty-four) months of receipt.
If the goods do not have the characteristics specified in paragraph 5 of this Article VI. terms and conditions and/or § 2161 of the Civil Code, the consumer may also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the consumer may only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.
The consumer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or if he does not exercise the right to the delivery of new goods without defects, to the replacement of a part thereof or to the repair of the goods, he may demand a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
The right of defective performance does not belong to the consumer if the consumer knew before receiving the goods that the goods had a defect, or if the consumer himself caused the defect.
If the goods have a defect for which the seller is liable, and if the goods are sold at a lower price or used goods, the consumer has the right to a reasonable discount instead of the right to exchange the goods.
VII. THE RIGHT OF THE CONSUMER TO WITHDRAW FROM THE PURCHASE CONTRACT
Provisions of this Article VII. terms and conditions apply exclusively to the buyer who is a consumer. Therefore, when the term "consumer" is used below in this article, it means a buyer who is a consumer.
The consumer has the right to withdraw from the purchase contract within 14 days without giving a reason. The period according to the first sentence starts from the day of acceptance of the goods, while if the subject of the purchase contract is the supply of several types (items) of goods, the period starts from the day of acceptance of the last delivery of goods. The withdrawal period is considered to have been observed if the consumer sends the seller a notice that he is withdrawing from the purchase contract during it.
If the consumer withdraws from the purchase contract, he shall send or hand over to the seller, without undue delay, no later than fourteen days from the withdrawal from the purchase contract, the goods he received from him. Returned goods must be in the same condition in which they were sent by the seller, i.e. unused. In such a case, the consumer bears the costs of returning the goods in question to the seller.
If the consumer withdraws from the purchase contract, the seller will return to him without undue delay, no later than fourteen days from the withdrawal from the purchase contract, all funds received from him on the basis of the purchase contract in the same manner. The seller will return the money received to the consumer in another way only if the consumer has agreed to it and if it does not incur additional costs.
The consumer is responsible for sales liable only for the reduction in the value of the goods in question, which arose as a result of handling these goods in a different way than it is necessary to handle them with regard to their nature and characteristics.
If the consumer withdraws from the purchase contract, the seller is not obliged to return the money received to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the seller.
In accordance with the relevant provision of the General Terms and Conditions, the seller informs the consumer that the consumer is entitled (but not obliged) to use the form for withdrawing from the purchase contract, the sample of which is attached to the terms and conditions, for withdrawing from the purchase contract in the sense of this article of the terms and conditions.
VIII. PROTECTION OF PERSONAL DATA, ARCHIVING OF THE PURCHASE CONTRACT
By concluding the purchase contract, the buyer consents to the inclusion of all his personal and other data specified in the order, as well as other data obtained during business dealings (hereinafter referred to as "personal data") in the database of the administrator (hereinafter also referred to as the "administrator"), the company Prabos plus a.s., Komenského 9, 763 21 Slavičín, ID: 26272857, and with their processing, including through processors authorized by the administrator (hereinafter as "processor").
Personal data will be processed for the business and marketing needs of the controller, including the offering of business and services, as well as the sending of business communications, among other things, via electronic means within the meaning of Act No. 480/2004 Coll., on certain information society services (especially in the form of e-mail or SMS messages).
Consent is granted for the period until consent is revoked. The data subject acknowledges that he has rights according to the provisions of § 11 and § 21 of Act No. 101/2000 Coll., on the protection of personal data, i.e. in particular that the provision of personal data is voluntary and that he has the right of access to personal data. Any data subject who discovers or believes that the administrator or processor is processing his personal data in violation of the protection of the private and personal life of the data subject or in violation of the law, may a) ask the administrator or processor for an explanation, b) to demand that the administrator or the processor remove the state thus created; in particular, it may involve blocking, correction, addition or disposal of personal data.
Purchase contracts are archived by the seller starting with their conclusion, even after they have been fulfilled. Purchase contracts are archived in the form in which they were concluded. Access to archived purchase contracts is exclusively available to the seller, or to an entity entrusted by the seller with archiving. They are not authorized to make contracts available to third parties, with the exception of any legal obligation to make such disclosure available.
IX SELLER'S CONTACT DETAILS
Prabos plus a.s.
▪ seat and address for delivery: Komenského 9, 76321 Slavičín
▪ e-mail: eshop@prabos.cz
▪ website: www.prabos.cz
X. RESOLUTION OF CONSUMER DISPUTES
The out-of-court settlement of consumer disputes (i.e. especially disputes related to the purchase contract) is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi. Czech
XI. FINAL PROVISIONS
The purchase contract can be concluded in the Czech language, or in other languages, as long as this is not the reason for the impossibility of concluding it.
The seller is entitled to change the terms and conditions at any time. However, for a specific purchase contract, the terms and conditions are valid in the version effective on the date of conclusion of the given purchase contract.
A sample form for withdrawing from the purchase contract is attached to these terms and conditions.
