General Terms and Conditions for Consumers
These general terms and conditions for consumers (hereinafter the “Terms and Conditions”) apply to contracts concluded through the 369SONIC online shop located on the powerofsoundus.com web interface (hereinafter the “Web Interface”) between
our company:
369sonic s.r.o., registered office: Lesní 318/7, Doubí, 360 07 Karlovy Vary
Business ID number: 19952589
Registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, entry 44530
Data controller’s contact details:
Address for delivery: Modřanská 96a, Prague 4, 147 00, Czech Republic
Contact e-mail address: info@369sonic.com
as the seller
and you as the buyer.
- INTRODUCTORY PROVISIONS
- Summary of Contents of Terms and Conditions
Under a purchase contract, we undertake to deliver the goods specified in an order to you and you undertake to take over the goods and pay us the purchase price. In order to enter into the contract, you need to place an order and for it to be accepted by us (in accordance with Article 2). Information about prices can be found in Article 3. For possible payment and delivery methods, please refer to Articles 4 and 5. For information on the option of withdrawing from the contract after acceptance of the goods, see Article 6. Complaints are governed by our Consumer Complaints Procedure.
- Is it a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of the independent performance of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under legal regulations and these Terms and Conditions, but are covered by the terms and conditions for entrepreneurs.
- What governs our mutual rights and duties?
Primarily a contract, which consists of the following documents:
- these Terms and Conditions, which define our mutual rights and duties;
- the Consumer Complaints Procedure, which we will follow when a complaint is made;
- the Privacy Policy, which governs the protection of your personal data;
- the conditions and instructions given on the Web Interface, in particular when concluding a contract;
- an order and its acceptance by us;
and in matters not covered by a contract, our mutual rights and duties are governed by the Czech legal order, in particular the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”);
- Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your residence or registered office is located outside the Czech Republic or if our legal relationship contains any other international element, you agree that Czech law will govern our relationship.
- How do you consent to the terms and conditions?
By sending an order and also by confirming it on the Web Interface, you confirm that you have read and agree to these Terms and Conditions.
- What else should you know about the Terms and Conditions?
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it will apply instead. This is without prejudice to the validity of the other provisions.
We may change or modify the wording of the Terms and Conditions. The Terms and Conditions may only be changed or modified in writing.
- PURCHASE CONTRACT
- How do we conclude a purchase contract?
In order to enter into a contract, it is necessary that you submit an order in accordance with these Terms and Conditions and that this order is accepted by us. Please note that the presentation of the goods on the Web Interface is informative and does not constitute our proposal for the conclusion of a contract within the meaning of Section 1732(2) of the Civil Code.
- How to place an order?
You can always place an order via the Web Interface (by completing the form) or in any other way that we allow in accordance with the information on the Web Interface. An order must contain all the information prescribed in the form.
Before submitting your order via the order form, you will be provided with a recapitulation of your order, including the final price (including all taxes, customs duties and charges). In the recapitulation, you have the last opportunity to change the data entered.
You place a binding order by pressing the “Order binding payment” button, thereby committing you to pay the purchase price in full. We consider the information provided in a binding order to be correct and complete. Please inform us immediately by telephone or e-mail if there is a change.
You can cancel or change an order that we have not yet accepted by calling or e-mailing us. All orders accepted by us are binding. Subsequent cancellation or changes to your order are only possible by agreement with us. If an order is cancelled in this way for goods regarding which it is not possible to withdraw from the contract (see Article 6 for details), we are entitled to compensation for the costs we have already incurred in connection with the contract.
We will inform you when we receive your order. The information about the receipt of an order is the order’s acceptance by us.
A purchase contract is concluded at the moment you receive acceptance of an order from us, sent to the e-mail address you provided in the order. Should an order not be accepted, a contract is concluded at the moment you accept the goods ordered.
- Can you obtain a contract in text form?
The documents constituting a contract will be sent to you by e-mail or, at your request, printed and sent by post. If they are sent by post, we may ask you to pay the costs involved.
We archive documents constituting a contract in electronic form. A contract is not accessible to third parties.
- PRICE
- Can the price on the Web Interface change?
If the price listed for an item on the Web Interface or during the ordering process is no longer current, we will notify you immediately. However, orders accepted are not affected by price changes that occur between the time the order is placed and our acceptance of the order.
In the event that there is an obvious technical error on our part in the statement of the price of the goods on the Web Interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price due to our act in law being void pursuant to Section 552 of the Civil Code or due to a mistake pursuant to Section 571 of the Civil Code.
- Can discounts be combined?
No discounts on the price of the goods can be combined, unless explicitly stated otherwise on the Web Interface.
- PAYMENT TERMS AND CONDITIONS
- What payment methods do we accept?
You can pay the purchase price mainly in the following ways:
- in cash or cashlessly (by payment card) on delivery or personal collection;
- cashlessly before delivery of goods online by payment card or through a payment gateway;
- cashlessly to our bank account before delivery of goods (instructions will be provided in your order confirmation).
Any additional payment methods and any fees associated with certain payment methods are listed on the Web Interface.
- When is the purchase price due?
In the case of payment in cash (or cashlessly on receipt of goods), the price is payable on receipt of the goods. In the case of cashless payment before delivery of goods, the price is payable within five days of acceptance of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price when it is due, we reserve the right to withdraw from the contract.
- Can we require a deposit or payment in advance?
Please note that in accordance with Section 2119(1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before dispatch or handover.
Please note that if you choose to pay by wire transfer and make payment before we conclude the contract in accordance with Section 2.4, this is a deposit on the price of the goods. In the event that a contract is subsequently concluded, the deposit will be credited against the price of the goods.
- How do we issue a tax document?
By agreeing to these Terms and Conditions, you consent to us issuing a tax document electronically.
- DELIVERY TERMS AND CONDITIONS
- How do we send goods?
The delivery methods for goods, including the cost of delivery, are stated on the Web Interface. You can choose the specific delivery method in an order.
An order will always include the final price, which already includes the costs of the chosen shipping method.
The delivery time always depends on the availability of the goods and the chosen method of transport and payment, but we will deliver the goods within thirty days of the conclusion of a contract.
However, we cannot influence the delivery time of goods by external carriers. In case of problems regarding delivery time, please contact us and we will resolve the situation with the carrier.
Goods that are in stock are usually dispatched within two working days of the acceptance of an order (when sending goods cash on delivery or for personal collection), or the crediting of payment to our account (in the case of cashless payment before delivery of goods).
Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.
Delivery of the goods under these Terms and Conditions means the time the goods are delivered to you. If you unreasonably refuse to accept the goods, this is not deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.
You acquire an ownership right to the goods by paying the full purchase price, but not before taking the goods over.
- What do I do when taking delivery of goods?
When taking delivery of goods, check the integrity of the goods’ packaging. If you find shortcomings, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not deemed an unreasonable refusal of the goods.
From the moment you take delivery of the goods (or the moment you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
- What happens if you do not take delivery of goods?
If, for reasons on your part, it is necessary to deliver goods repeatedly or in a manner other than that agreed upon, you will pay the costs associated with such delivery.
In the event that you do not take delivery of goods at the time of delivery in accordance with Section 5.2, we are entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by us due to the non-acceptance of the goods.
In the event goods are sent cash on delivery or for personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of goods), we have the right to proceed with the sale of the goods on our own pursuant to Section 2126 of the Civil Code.
- WITHDRAWAL FROM PURCHASE CONTRACT
- How can you withdraw from a contract?
You may withdraw from a purchase contract as a consumer without giving any reason within 14 days of the day on which you or a person designated by you other than the carrier took delivery of the goods; or
- the last piece of goods, if you ordered more than one piece of goods in one order and they were delivered separately;
- the last item or part of a delivery of goods consisting of several items or parts; or
- the first delivery of goods, if it is a regular delivery of goods for an agreed period of time.
We recommend that you send notice of withdrawal from a purchase contract to our delivery address together with the goods or by e-mail and send the goods to our delivery address immediately afterwards. You can use the sample form to withdraw from a contract.
- What are the consequences of withdrawal?
Withdrawal from a contract terminates the contract from the outset and it is deemed not to have been concluded, including the obligations under ancillary contracts; this is without prejudice to Sections 6.4 and 6.5.
If a gift was provided together with the goods with your consent, the gift contract ceases to be effective upon withdrawal by either party. Send the gift back to us with the returned goods.
- How will you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any establishment or to our registered office. Please do not send the goods cash on delivery, we are not obliged to accept them in this way.
We recommend that returned goods are accompanied by:
- a copy of the delivery note and invoice (if issued) or other proof of purchase;
- a written statement of withdrawal from the contract (on our form or otherwise) and the method of refund chosen.
Failure to submit any of the aforementioned documents does not prevent the positive processing of your withdrawal from the contract in accordance with the statutory conditions.
- When will you get your money back?
We will refund any monies received within 14 days of withdrawal from a contract. Please note, however, that we are not obliged to refund your money until you return the goods to us or provide proof that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivery of the goods to you. However, if you chose a delivery method other than the cheapest method of delivery offered by us, we will refund the cost of delivery of the goods to you in an amount equivalent to the cheapest method of delivery offered.
We will refund your money in the same way we received it (unless you tell us otherwise within ten days of withdrawal and this leads to no further costs) or in any way you request.
You are responsible for the cost of sending the returned goods to our address, even if the goods cannot be returned by normal postal means due to their nature.
- What if the returned goods were damaged?
When sending, pack the goods in suitable packaging so that they are not damaged or destroyed.
The goods may only be tested to the extent necessary to familiarise oneself with the nature, features and functionality of the goods. If we find that the goods you return are damaged, worn, soiled or partially consumed, you will be liable to us for this reduction in value.
- When can I not withdraw from the contract?
In accordance with Section 1837 of the Civil Code, the following contracts, among others, may not be withdrawn from:
- on delivery of goods that were made to your requirements or customised for you;
- on the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for their delivery.
- When can we withdraw from a purchase contract?
We reserve the right to withdraw from a contract in the following cases:
- we did not receive the purchase price from you by the due date or you did not take delivery of the goods;
- the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
- performance becomes objectively impossible or unlawful.
If any of the aforementioned situations occurs, we will inform you immediately of our withdrawal from a contract.
If you have already paid the purchase price in full or in part, we will refund the amount received within five days of withdrawal from a contract cashlessly to the account you provide us with for this purpose or from which you made the payment.
- RIGHTS DUE TO DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by applicable generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174b of the Civil Code). Sections 2106 and 2107 on rights due to defective performance do not apply. When exercising rights due to defective performance, we will proceed in accordance with our Consumer Complaints Procedure.
- FURTHER INFORMATION FOR CONSUMERS
- What authorisations do we have to carry out our activities?
We are authorised to sell goods based on a trading licence. Our activities are not subject to any other authorisation.
- How do we ensure the take-back of electrical equipment?
In accordance with Act No. 542/2020 Coll., on end-of-life products, you have the right to the take-back of used electrical equipment free of charge at the point of sale or delivery of new electrical equipment, in the same number of pieces of electrical equipment of a similar type that you purchased from us. Please contact us in advance before handing in your used electrical equipment.
Please note that electrical equipment may not be disposed of together with mixed waste. Used electrical equipment must be disposed of in designated places, i.e. in particular collection yards or take-back points.
Please note that batteries must not be disposed of together with mixed waste, but must be taken to designated areas or authorised persons.
Please note that recycling is the most environmentally and health-friendly way to dispose of waste batteries, so we ask that you always take your waste batteries to a battery collection point. On each battery you can find the symbol of a crossed-out bin, which means that the battery does not belong in mixed waste, but in the places designated by Act No. 542/2020 Coll., on end-of-life products. If a battery has symbols such as Pb, Cd or Hg, this means that it contains particularly hazardous elements such as lead, cadmium or mercury.
Further information on the take-back of electrical equipment is available on the Web Interface.
- How do we handle complaints?
Any complaints are handled via our contact e-mail address. We will then deal with a complaint and try to resolve it without undue delay after receiving it. You can also contact the relevant trade licensing office or the Czech Trade Inspection Authority.
- What rights do you have when a consumer dispute arises?
If you are a consumer and a dispute arises between us under a contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1; web interface: www.coi.cz, www.adr.coi.cz; electronic contact address: adr@coi.cz; telephone no.: +420 296 366 360) or the Czech Consumer Association (address: Pod Altánem 99/103; 100 00 Prague 10 – Strašnice, web interface: www.konzument.cz, electronic contact address: spotrebitel@regio.cz, telephone: +420 261 263) for out-of-court resolution of a consumer dispute. You may exercise this right within 1 year of the day you first exercised the right that is the subject of the consumer dispute with us.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint concerning goods or services you have purchased from us and to find an ADR entity.
- REGISTRATION ON WEB INTERFACE
By registering via the registration form on the Web Interface, a user account is established. Keep your user account login details confidential. We are not responsible for any misuse of a user account by a third party.
The information provided during registration must be true and complete. We may close an account where false or incomplete information was used to open the account without alternative performance being offered. In the event of changes to your details, we recommend that they be immediately modified in the user account.
- What is a user account for?
Through a user account, you can primarily order goods, track orders and manage the user account. Any additional features of the user account are always listed on the Web Interface.
- When can we cancel your user account?
Please note that we have the right to terminate your user account without alternative performance being provided, if your account is used to breach accepted practices, applicable laws or these Terms and Conditions.
- REVIEWS
- Who can add a review?
All user reviews on the Web Interface are written by our actual customers to whom we delivered goods they requested based on an order they placed.
Adding reviews is only possible after completing a purchase on the Web Interface, via a link sent to a customer by e-mail or via the user account on the Web Interface.
The Web Interface may also contain reviews that were published by our customers on public internet services, in particular Google, Heureka and Firmy.cz.
- How do we verify reviews?
We verify every review before publication. A review can only be added by a customer who has completed a purchase on the Web Interface.
Before taking and publishing reviews from the aforementioned public internet services on the Web Interface, we verify that the reviews were written by our actual customers.
If we discover that a review was created by someone who has not made a purchase on the Web Interface, we are entitled to remove such review or not publish it.
- COPYRIGHT PROTECTION, LIABILITY AND USE OF WEB INTERFACE
- Is the website’s content protected by copyright?
The website’s content located on the Web Interface (texts including the Terms and Conditions, photographs, images, logos, software, etc.) are protected by our copyright or others’ rights. You may not modify, copy, reproduce, distribute or use the contents for any purpose without our or the copyright holder’s consent. In particular, free or paid access to photographs and texts on the Web Interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
- Liability and Use of Web Interface
We are not liable for errors resulting from third-party interference with the Web Interface or its use contrary to its intended use. When using the Web Interface, you must not use any procedures that could interfere with the system’s functionality or place an unreasonable burden on the system.
If you commit any illegal or unethical act while using the Web Interface, we are entitled to restrict, suspend or terminate your access to the Web Interface without any compensation. In such case, you are further obliged to pay us the full amount of the damage that was proven to have been caused by your actions in accordance with this paragraph.
We draw your attention to the fact that clicking on certain links on the Web Interface may lead to a user leaving the Web Interface and to redirection to third-party websites.
These Terms and Conditions are valid and effective from 8. 3. 2024
—————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
General Terms and Conditions for Entrepreneurs and Legal Entities
These general terms and conditions for entrepreneurs and legal entities (hereinafter the “Terms and Conditions”) apply to contracts concluded through the 369SONIC online shop located on the eshop.369sonic.com web interface (hereinafter the “Web Interface”) between
our company:
369sonic s.r.o., registered office: Lesní 318/7, Doubí, 360 07 Karlovy Vary
Business ID number: 19952589
Registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, entry 44530
Data controller’s contact details:
Address for delivery: Modřanská 96a, Prague 4, 147 00, Czech Republic
Telephone number: +420 702 918 762
Contact e-mail address: info@369sonic.com
as the seller
and an entrepreneur or legal entity
as the buyer
(hereinafter referred to collectively as the “Parties”).
- Introductory Provisions
- The Terms and Conditions define and specify the Parties’ basic rights and duties when concluding a purchase contract or other contract referred to herein (hereinafter the “Contract”) via the Web Interface.
- The provisions of the Terms and Conditions are an integral part of the Contract. The Parties may agree on rights and duties that deviate from the Terms and Conditions. Any deviating provisions agreed by the Parties will prevail over the Terms and Conditions. The seller may change or modify the wording of the Terms and Conditions. The Parties’ rights and duties are always governed by the wording of the Terms and Conditions under which they came into being. The Parties’ rights and duties are further governed by the Complaints Procedure for Entrepreneurs and Legal Entities and the Privacy Policy, as well as the conditions and instructions stated on the Web Interface, especially when concluding the Contract. In matters not regulated herein, the relations between the Parties are governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).
- These Terms and Conditions apply to buyers who are entrepreneurs and to legal entities. Contracts concluded with consumers are not subject to these Terms and Conditions, but to the General Terms and Conditions for Consumers.
- The buyer acquires an ownership right to the goods by paying the full purchase price, but not before taking the goods over.
- By sending an order, the buyer confirms that it has familiarised itself with these Terms and Conditions and that it agrees with their content.
- Order and Conclusion of Contract
- The Web Interface provides a list of goods including a description of the main features of each item. The presentation of the goods on the Web Interface is informative and does not constitute a proposal by the seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. In order to conclude a Contract, the buyer must send an order in accordance with these Terms and Conditions and the seller must accept the order.
- The buyer will place an order via the Web Interface or in any other way indicated on the Web Interface or as agreed by the Parties. An order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of pieces of goods, the chosen method of payment and transport and the buyer’s contact details (first name and surname or company name, business ID number, delivery address, telephone number and e-email address). The buyer is obliged to prove that it is a business by entering a valid business ID number in the order.
- If the buyer cancels an order before it is accepted by the seller, the seller is entitled to reimbursement of the costs incurred in connection with the processing of the buyer’s order.
- The seller is not obliged to accept an order received. An unaccepted order is not binding on the seller. The seller is entitled to contact the buyer to verify that the buyer is an entrepreneur and to verify the completeness, authenticity and seriousness of an order. Unverified orders may be refused by the seller.
- The information about the receipt of an order is the order’s acceptance by the seller. A Contract is concluded at the moment the buyer receives information about an order’s acceptance by the seller.
- The buyer is not entitled to unilaterally cancel an accepted order and therefore a concluded contract. An accepted order may be cancelled at the buyer’s request and a Contract terminated only by agreement between the seller and the buyer.
- In the event of cancellation of an accepted order and therefore termination of a Contract at the buyer’s request and with the seller’s consent, the seller is entitled to a cancellation fee of 50% of the price of the goods. If the seller has already incurred costs in connection with the Contract, it is also entitled to reimbursement of these costs in full.
- Delivery Terms and Conditions
- The seller is obliged to deliver the goods to the buyer in the agreed manner, properly packed and accompanied with the necessary documents. Unless otherwise agreed, the documents are provided in the Czech language.
- Based on an agreement between the Parties, the seller may arrange for the buyer to transport the goods and, if necessary, to insure the goods during transport. The buyer is obliged to pay the price of transport and insurance in accordance with the valid plan. The handover of the goods to the first carrier is deemed to be the delivery of the goods to the buyer. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.
- Before taking delivery of the goods, the buyer is obliged to check the integrity of the packaging for the goods and immediately notify the carrier of any defects. A record will be prepared about any defects. If a defect record is not prepared, the buyer loses any claims arising from damaged packaging for the goods.
- Immediately upon receipt of the goods, the buyer is obliged to inspect the goods, in particular to check the number of pieces of goods and their completeness. In the event of a discrepancy, the buyer is obliged to notify the seller without undue delay, but no later than 2 working days after receipt of the goods. The buyer is obliged to document any defects ascertained in a suitable manner and send this documentation to the seller together with the defect notification.
- The buyer’s failure to accept the goods will not affect the seller’s right to demand payment of the purchase price in full. In the event of case of non-acceptance of the goods by the buyer, the seller is entitled to reimbursement of the costs associated with the delivery of the goods and their storage, as well as other costs incurred by the seller due to non-acceptance of the goods. In the event of non-acceptance of the goods by the buyer, the seller is entitled to withdraw from the Contract.
- Payment Terms and Conditions
- The buyer has the option to pay the purchase price for the goods to the seller, in addition to the other methods listed on the Web Interface or individually agreed upon, by any of the following methods:
- cash on delivery or personal collection;
- cashlessly before delivery of the goods by transfer to the seller’s bank account based on an advance invoice;
- cashlessly after delivery of the goods by transfer to the seller’s bank account based on a tax document (invoice) by the due date indicated on the invoice.
The seller is entitled not to allow payment for the goods after delivery of the goods. This payment method is usually reserved for regular customers. Unless otherwise agreed, an invoice is attached to the goods together with the delivery note.
- When paying in cash, the price is payable on acceptance of the goods. In the event of cashless payment, the price is payable within five days of receipt of the order, unless otherwise agreed by the Parties. The buyer’s obligation to pay the price for the goods is fulfilled in case of cashless payment at the moment the relevant amount is credited to the seller’s account.
- In the event of non-compliance with the due date in accordance with these Terms and Conditions, the buyer may be charged default interest at a rate of 0.5% of the amount due for each day of delay. The seller’s right to compensation for damages incurred due to the buyer’s delay is not affected.
- In the event the buyer defaults on payment of the price for the goods, the seller is also entitled to suspend further agreed deliveries of the goods until all the buyer’s outstanding debts have been paid.
- Payment for goods can be made in Czech crowns (CZK).
- By agreeing to these Terms and Conditions, the buyer agrees to the issuance of a tax document in electronic form. A tax document may also be attached to the goods and delivered with the goods, at the seller’s option.
- Withdrawal from Contract
- The seller is entitled to withdraw from the purchase contract at any time before the buyer accepts the goods. In such case, the seller will refund the purchase price already paid by the buyer to the buyer, cashlessly to the account communicated to it for this purpose by the buyer or to the account from which the funds were transferred to pay the purchase price (unless the buyer communicates another account within 5 days of withdrawal to the seller).
- The seller is also entitled to withdraw from the Contract if the buyer is in default paying the purchase price for the goods for more than 4 weeks. In such case, the seller is also entitled to a contractual penalty of 50% of the price of the goods, payable on the first day after the contractual penalty is due. The seller’s right to compensation for damages incurred due to the buyer’s delay is not affected.
- The buyer is entitled to withdraw from the Contract if the seller is in default with the delivery of the goods for more than 4 weeks after the agreed delivery date.
- The buyer is not entitled to withdraw from the Contract in respect of goods that have been delivered in full, on time and without defects.
- Withdrawal from the Contract must be performed in writing and, in the case of a Contract agreed electronically, also electronically. Withdrawal from the Contract is effective upon delivery of notice of withdrawal to the other Party.
- In the event of withdrawal from the Contract, the buyer is obliged to return goods already received to the seller within 10 days of the effective date of withdrawal from the Contract. The seller is not obliged to refund the price of the goods to the buyer before the goods are returned to it after withdrawal from the Contract.
- If a gift was provided together with the goods, the gift contract ceases to be effective upon withdrawal by either Party.
- Rights due to Defective Performance
- The conditions for exercising rights due to defective performance and warranty liability are governed by the seller’s Complaints Procedure for Entrepreneurs and Legal Entities.
- Protection of Seller’s Trade Secrets and Sales Policy
- During the negotiation of the Contract and its performance, information may be disclosed to the buyer that is designated as confidential or that is confidential due to its nature. The buyer undertakes, in particular:
- to keep the information confidential;
- not to disclose it to any other person without the seller’s consent;
- not to use it for any purpose other than the performance of the Contract;
- not to take advantage of it in any other damaging way.
- Furthermore, the buyer undertakes not to make copies of the documents submitted to it by the seller without the seller’s consent.
- Registration on Web Interface
- By registering via the registration form on the Web Interface, a user account is established. The buyer is obliged to keep the login details for the user account secret. The seller is not liable any misuse of the user account by a third party.
The information provided during registration must be true and complete. The seller may close an account where false or incomplete information was used to open the account without alternative performance being offered. In the event of changes to the buyer’s details, the seller recommends that they be immediately modified in the user account.
- Through the user account, the buyer can primarily order goods, track orders and manage the user account. Any additional features of the user account are always listed on the Web Interface.
- The seller is entitled to close the buyer’s user account without alternative performance being provided, if the buyer’s account is used to breach accepted practices, applicable laws or these Terms and Conditions.
- Copyright Protection, Liability and Use of Web Interface
- The contents of the web pages located on the Web Interface (texts including the Terms and Conditions, photographs, images, logos, software, etc.) are protected by the seller’s copyright or others’ rights. The buyer may not modify, copy, reproduce, distribute or use the contents for any purpose without the seller’s consent or the copyright holder’s consent. In particular, free or paid access to photographs and texts on the Web Interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
- The seller is not liable for errors resulting from third-party interference with the Web Interface or its use contrary to its intended use. When using the Web Interface, the buyer must not use any procedures that could interfere with the system’s functionality or place an unreasonable burden on the system.
If the buyer commits any illegal or unethical act while using the Web Interface, the seller is entitled to restrict, suspend or terminate the buyer’s access to the Web Interface without any compensation. In such case, the buyer is further obliged to pay the seller the full amount of the damage that was proven to have been caused by the buyer’s actions in accordance with this paragraph.
The seller draws attention to the fact that clicking on certain links on the Web Interface may lead to a user leaving the Web Interface and to redirection to third-party websites.
- Final Provisions
- If the relationship related to the use of the Web Interface or the legal relationship established by the Contract contains an international (foreign) element, then the Parties agree that the relationship is governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).
- The Parties agree on the local jurisdiction of the seller’s general court to hear any and all disputes related to the legal relations established by these Terms and Conditions or a Contract.
- If any provision of the Terms and Conditions is or becomes invalid, ineffective or unenforceable, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity, ineffectiveness or inapplicability of one provision will not affect the validity of the other provisions. Amendments and modifications to a Contract or the Terms and Conditions require written form.
These Terms and Conditions are valid and effective from 8. 3. 2024