Terms and Conditions – eShop xDOMx
individual Dominik Nekolný – eShop xDOMx, based in Pramenna 3, Praha 4, Postal Code 148 00, identification number: 76593525
I. GENERAL PROVISIONS
1. These terms and conditions (“Terms and Conditions”) individuals Dominik Nekolný – eShop xDOMx (hereinafter referred to as “Seller”), regulate the mutual rights and obligations of the parties arising in connection with or under the purchase agreement (the “Purchase Contract” ) concluded between the seller and another natural or legal person (hereinafter referred to as “buyer”) through the online shop of the seller. Internet business is operated by the seller on the Internet at http://shop.dombmx.com
2. These Terms and Conditions govern the mutual rights and obligations of the seller and the buyer arising under a contract concluded through an online store operated by the seller at http://shop.dombmx.com and all mutual rights and obligations with the conclusion of a purchase agreement related .
Third Seller (supplier) is a natural person, who at the conclusion of the contract acts in a commercial or other business activities. Identification information of the seller are:
Dominik NekolnýSídlo: Pramenná 3, Praha 4, 148 00
identifikační number: 76593525
DIČ: is not VAT
4. The customer is our online store “Buyer”. Given the existing law, a distinction buyer who is a consumer and buyer, not a consumer, it is called. Another person.
4-a Buyer – Consumers in accordance with the relevant provisions of the Civil Code and the Consumer Protection Act means any natural person who, when concluding the contract and is not engaged in trade or other business activity or within independent exercise of their profession (hereinafter “consumer “).
4-b Buyer – another person’s other legal or natural person who is not a consumer, ie. acting in the course of his business or in a separate exercise of their profession (hereinafter referred to as the “other person”). In cases where the buyer is a consumer, do not apply to contractual relations Article. V. these terms and conditions. Other deviations are given in the text of these general terms and conditions. This buyer is governed by terms and conditions to the extent that they concern him, and the Commercial Code.
Fifth contract of sale of goods is set out in a binding confirmation by the seller.
II. User account
1. Upon registration by the purchaser on the website buyer can access to your user interface. From its user interface buyer can order goods (hereinafter “user account”). In the event that the web interface allows trade, buyers can also order goods without registration directly from the web interface business.
2. When you register on the website and ordering goods the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer when any change required to update. The data referred to the buyer’s user account and ordering goods by the seller are deemed to be correct.
3.Přístup the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user’s account and acknowledges that Seller shall not be liable for any breach of this obligation by the buyer.
4. The buyer is not entitled to allow the use of a user account to third parties.
5. The Seller may cancel a user account, especially if the buyer your user account for more than one year is not used, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
III. ENTERING INTO A PURCHASE AGREEMENT
1. Web interface contains a list of trade goods offered for sale, including prices of individual goods. Prices of goods offered are inclusive of VAT. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase agreement individually negotiated terms. All offers to sell goods placed in the web interface of trade are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
2. Using Web Interface trade also includes information about the costs of packaging and delivery of goods both within the Czech Republic and throughout the world.
3. To order goods, the buyer fills an order form in the web interface business. Order form contains particular information on: – the ordered goods (ordered goods “insert” the buyer into an electronic shopping cart business web interface) – method of payment of the purchase price, details of the required method of delivery of goods ordered a- information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).
4. Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, and also with regard to the option buyer to detect and correct errors during data entry into the order. The order sends the buyer, click “Finish the order”. The data referred to in the order are deemed correct by the seller. Seller immediately upon receipt of the order to the buyer confirms receipt of this e-mail, and electronic mail address of the Buyer provided in the user interface or in the order (hereinafter referred to as “electronic address of the purchaser”).
5. The Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
6. The contractual relationship between seller and buyer (purchase agreement) occurs delivery orders are accepted (acceptance), which is sent to the buyer via e-mail, and electronic mail address of the buyer. By concluding the purchase contract, the buyer implicitly confirms that he is familiar with these terms and conditions, the contents of his well-known and recognizable as their content wholeheartedly.
7. The Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached the purchase contract (including terms and conditions).
8. A buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the closing of the purchase contract (eg. Cost of internet access, telephone costs) borne by the Buyer.
IV. The purchase price METHOD OF PAYMENT OF THE PURCHASE PRICE
1. The prices offered goods listed in the online shop of the seller are inclusive of VAT at the rate applicable and effective on the date of the menu screen. Prices offered goods listed in the online shop of the seller does not include the cost of packaging and shipping the goods.
2. Along with the purchase price the buyer is obliged to pay the sellers other costs associated with packaging and delivery to the buyer in the amount agreed by the parties in the purchase contract. Unless expressly stated otherwise, understood as the purchase price of the purchase price of the goods listed in the online store seller on the day the order is sent by the buyer plus costs associated with the delivery of goods to the buyer.
3. Purchase price The Buyer shall pay to Seller the following ways: – in cash – the personal collection of a previously agreed-the-spot cash on delivery at the place designated by the buyer in order
– Transfer through Paypal – a valid email address for payments DOMshop is: email@example.com
– Bank transfer to the seller’s account no. 243244536/0300 kept with ČSOB. As a variable symbol will be used a number of advance sheet, which will be issued by the seller. In this case, the goods will be delivered after payment of the relevant amount of the purchase price, with the payment of the purchase price at the moment is the moment of crediting the purchase price to the seller’s account
4. In the case of cash payment or payment on delivery purchase price is payable upon receipt of goods. In the case of payment of the purchase price by bank transfer to the account of the seller’s purchase price is due within 5 days of the purchase contract.
5. In the case of cashless payment, the buyer shall pay the purchase price of the goods together with the variable symbol of payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller’s account.
6. The Seller reserves the right to different purchase prices in physical stores and e-shop.
7. If in trade usual or if so determined by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer an invoice. Seller is not liable to VAT. Invoice is issued by the seller to the buyer after payment of the price of goods and send it electronically to the email address of the buyer.
8. The seller is entitled to demand payment of the full purchase price or its part before ordering goods to the buyer. – It is called. Deposit on the purchase price. Advance payment for goods or services is min. 20% of the total purchase price for standard goods.
9. Any discounts the price of goods by the seller to the buyer can not be combined.
V. Withdrawal from the contract
1. The consumer acknowledges that under the provisions of § 53 par. 8 of the Act no. 40/1964 Coll., The Civil Code, as amended (the “Civil Code”), among others, can not withdraw from the contract for the supply of goods modified as desired by the consumer or to his person, as well as goods subject to rapid deterioration, wear and tear. Goods governed by demand from the consumer means goods that are marked as such seller in its online store.
2nd If this is not the case referred to in paragraph 1 of this article or about other cases where you can not withdraw from the contract, the consumer is in accordance with the provisions of § 53 par. 7 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days from the receipt of benefits. Withdrawal from the contract seller must be demonstrably delivered within fourteen (14) days from the receipt of benefits, and the address of the seller or the seller’s e-mail address: firstname.lastname@example.org.
3. In case of withdrawal pursuant to paragraph 2 of this Article, the business conditions of the purchase contract from the beginning. The goods must be returned to the seller the seller to the address of the nearest of the seller. The goods must be returned to the Seller, unworn, undamaged, distributed and if possible, in the original packaging. Returns consumers make in this case, at their own expense and responsibility.
4. Within ten (10) days from the return of goods by the consumer pursuant to Article V, section 3 Seller is entitled to examine the returned goods, primarily for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed.
5. In the event of withdrawal by the consumer pursuant to Art. V, point 2 business conditions seller returns paid amounts to the consumer within 30 days of withdrawal, bank transfer to an account designated by the consumer. The seller is also entitled to refund the sums in cash at the time of returning goods consumer.
6th consumer acknowledges that if the goods returned by the consumer will be damaged, worn or partially consumed, the seller to the consumer is entitled to damages incurred by him.
VI. TRANSPORT AND DELIVERY
1. The seller is obliged to deliver the ordered goods at the latest within 10 weeks from the date of the purchase contract (hereinafter referred to as “delivery time of goods”). In the event that the seller is required in accordance with the provisions of Article IV. Item 8 of these terms and conditions of payment of the full purchase price or its parts before shipment to the buyer, the period of delivery of goods to run only at the proper payment of the full purchase price or part of the seller’s account, and upon proper payment of the purchase price or its part means crediting the amount to the seller’s account with the correct variable symbol. If the seller fails to deliver the goods to the buyer within the prescribed period, the buyer is entitled to withdraw from the contract in writing.
2. The method of delivery of goods is determined by the seller, unless the purchase agreement stipulates otherwise. In the event that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and any additional costs associated with this form of transport.
3. Goods may be in accordance with the contract either delivered to the place specified by the buyer in the purchase order or a personal collection – personal collection of goods is only possible agreement by telephone at tel. +420 777 687 900
Personal collection of goods
a) .In the event that the buyer has chosen as the delivery method personal collection of goods is required to phone or email the seller to arrange the drop.
b) In the case of a personal collection of goods and simultaneous payment of the purchase price in cash, the buyer has the right to the goods before accepting the check, incl. completeness and undamaged goods, this will confirm it with their signature on the delivery note for goods from the fuel storage.
Delivery of goods to the place specified by the buyer
a) If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer must take the goods on delivery. If the buyer does not take the goods on delivery, the seller is entitled to withdraw from the contract. Goods can be delivered to the carrier (Czech Post), or delivery in Prague (unit price € 6)
b) In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer shall pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
c) When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in the case of any defects immediately, within 2 days from delivery to the buyer, and also notify the carrier of this fact to make a record of the damage on the delivery note. In the event of a breach reunion package indicative of intrusion into the consignment buyer need not take shipment from the carrier. By signing the delivery note buyer confirms that the shipment of goods meet all terms and conditions and any further claims regarding infringement of container shipments can not be disregarded.
4. Other rights and obligations of the parties in the transport of goods may modify the terms of delivery of the seller, if the seller issued.
VII. LIABILITY AND GUARANTEE
1. The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller, shall be governed by generally binding legal regulations.
2. The warranty conditions can be found .
3. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not cover defects, for which the lower price agreed.
4. The warranty does not apply to goods in the category “bazar”, which sells used goods.
5. The Seller is not liable for defects caused by transport goods seized by the buyer or improper handling or installation of goods, carried out by the buyer or a person authorized third party.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.Kupující acquires ownership of the goods by paying the full purchase price of the goods.
IX. PRIVACY AND SENDING OF BUSINESS COMMUNICATION
1st Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
2. The Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as “personal data”).
3. The buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purpose of sending commercial messages and information to the seller.
4. The Buyer acknowledges that it is required personal information (when registering, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller of a change in their personal data.
5th processing of personal data by the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer passed on to third parties.
6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
7. The Buyer confirms that the information is accurate and that he was advised that it is voluntarily provide personal information. The buyer claims he was instructed that consent to the processing of personal data in relation to the Seller by notification delivered to the address of the seller.
8. In the event that the buyer thought that the seller or processor (Art. 9.5) processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if personal data are inaccurate with regard to the purpose of their processing, may ask the seller or processor provide an explanation or require the seller or processor to remedy the situation.
9th If the buyer requests information about the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the cost of providing the necessary information.
10. The Buyer agrees to receive information related to goods, services or company the seller to the buyer’s email address and agree to receive commercial communications seller to buyer’s email address.
X. FINAL PROVISIONS
1. If a relationship associated with the use of the website or the legal relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
2. The seller is entitled to sell goods on the basis of trade license and seller activity is not subject to any other permissions. Trade control is carried out within the scope of their respective Trade Office.
3. If any provision of the Terms and Conditions is invalid or ineffective, or such happens, instead of the invalid provision a provision whose meaning is invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase contract or business conditions require written form.
4. The Contracting Parties may, by written agreement in contract their mutual rights and obligations arising from the purchase contract differently than provided for in these general terms and conditions. In this case take precedence arrangements contained in the purchase agreement prior to these terms and conditions.
5. The Seller has the right to unilaterally amend and supplement the text of these general business conditions, the rights and obligations of the parties shall be governed always general terms and conditions applicable and effective at the time the contract.
6. The contact details of the seller: email@example.com, phone +420 777 687 900