Terms and Conditions

Terms and Conditions

Vaprio.cz, s.r.o.
Registered office: Štemberova 200, Kyšice, 330 01
Identification number: 02290715
Tax ID: CZ02290715

registered in the Commercial Register kept at the Regional Court in Plzeň, file no. C 33508
(the "Seller")

for sale through an online store located at www.vaprio.cz


Seller's Contacts:

Postal address:
VaseCigareta.cz
Štemberova 200
330 01, Kyšice
(the "Contact Address")

E-mail address: info@vaprio.cz ("Contact email")
Phone: (+420) 377 422 889 (hereinafter referred to as "Contact Phone")


1. Introductory provisions

1.1. These Terms and Conditions (within the meaning of Section 1751 of Act No. 89/2012 Coll., Civil Code, as amended, hereinafter referred to as the "Civil Code") are valid for purchase at the Vaprio.cz online shop via the web interface located on the Internet www.vaprio.eu (hereinafter also referred to as the "web interface of the shop") operated by the Seller.

1.2. Business Terms define and specify the fundamental rights and obligations of the Seller, Buyer and User. By submitting the order and by confirming it in the web interface of the store, the buyer simultaneously confirms that he accepts these terms and conditions and has become acquainted with them.

1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the terms and conditions.

1.4. Terms of Business Terms and Conditions are an integral part of the Purchase Agreement (the "Purchase Agreement" is the Purchase Contract, the Works Agreement, the Service Agreement or any other agreement concluded under these Business Terms and Conditions). The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language (Terms and Conditions also in English). The purchase contract is concluded in the Czech language, unless the Buyer and the Seller expressly agree on another language. These Terms of Business are displayed in the web interface of the store and during the ordering of the goods and thus is enable their archiving, reproduction, preservation and re-displaying by the Buyer, which the Buyer acknowledges and undertakes during the ordering of the goods to keep the terms and conditions for themselves for later recurring display.

1.5. All contractual relationships are governed by the Business Terms and Conditions and the Relationships not governed by the Civil Code, and, if a consumer is a Contracting Party, by Act No. 634/1992 Coll., On Consumer Protection, as amended.

1.6. In cases where a person intending to buy goods from the Seller acts in order to order goods in the course of their business or in their independent exercise of their profession or is a legal entity, the consumer protection shall not apply to them in accordance with these terms and conditions, in particular not to apply the relevant provisions of Article 5 - Withdrawal from the sales contract.

 

2. Definition of terms

2.1. Buyer is a physical or legal person who intends to purchase goods through the web interface. Due to applicable law, a distinction is made between the Buyer who is not a consumer and the Buyer who is the consumer.

2.2. Consumer is any person who, outside the scope of his / her business or outside the framework of the independent exercise of his / her profession, concludes a contract with, or otherwise deals with, the Seller.

2.3. User is any physical or legal person who visits the web interface of the store. Buyer is also a User.

2.4. Goods sold via the web interface of the shop are electronic cigarettes, e-liquids, batteries, and possibly other related goods specified in the web interface of the store. Due to the nature of the goods, the User and the Buyer are aware that the purchase in the shop is only allowed for persons over 18 years of age.

 

3. Order and conclusion of the purchase contract

3.1. In the event that the web interface of the store allows it, the Buyer performs the ordering of the goods:
• without registration in the web interface of the store, ie directly through the web interface of the shop (filling in the form or otherwise) or
• By emailing the Seller by sending an order to Seller's Contact Email or
• By phone or SMS order on Seller's Contact Phone.


Order without registration (order made in a different way than from a user account) must contain the exact name of the ordered goods and the number of goods and personal data of the Buyer (name and surname, delivery address, telephone number, e-mail address).

If the store's web interface allows it, the Buyer can access his user interface based on his registration in the web interface store. From the User Interface, the Buyer may order the Goods (hereinafter referred to as the "User Account").

3.2. User account

3.2.1. When registering and ordering goods (when using a user account or otherwise), the Buyer is obliged to provide all data correctly and accurately. The details given in the user account are obligatory to update the Buyer upon any change thereof. The data provided by the Buyer in the user account and the ordering of the goods are considered correct and up to date by the Seller.

3.2.2. Access to the user account is secured by a username and password, which the Seller is required to keep confidential and other information necessary to access the user account, and acknowledges that the Seller is not liable for the breach of this obligation by the Buyer. The buyer is not entitled to allow any use of the user account to third parties.

3.2.3. The Seller may cancel the user account, especially if the Buyer does not use his user account for more than 1 year, or if the Buyer violates his obligations under the applicable purchase agreement (including these terms and conditions).

3.2.4. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.

3.3. The store's web interface contains a list of items and information about it, including the prices of individual goods. The prices of the goods are inclusive of all taxes (including VAT), customs and other charges. These prices do not include the prices and costs of packaging, shipping or delivering goods to the Buyer. Information on packing and shipping or shipping costs includes the web interface of the shop and Article 4 of these terms and conditions, in the event of discrepancies, the price in the web interface of the store is preferred. These prices apply only in cases where goods are delivered within the territory of the Czech Republic (unless explicitly stated otherwise in the web interface of the shop).

3.4. The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement for any Goods other than that published on the Web Interface of the Store. Similarly, it is not required to conclude a purchase contract for goods in a different color version and in dimensions other than those indicated on the web interface of the store.

3.5. The prices of the goods presented and the packaging, transport and delivery prices remain valid for as long as they are displayed in the web interface of the store. Any discounts on the price of goods provided by the Seller to the Buyer can not be combined, unless the Seller specifies otherwise.

3.6. The Seller's ability to conclude a Purchase Agreement individually with the Buyer of the agreed terms is preserved.

3.7. The presentation of the goods placed in the web interface of the shop is of an informative nature and it is not an offer by the Seller (or his proposal to conclude the contract, Section 1732 (2) of the Civil Code does not apply). The Seller is not obliged to enter into a purchase contract for the goods presented in this way. The menu labeled "Offer" is valid until the stock is sold out or until the end of such a bid listed in the web interface of the store or in the offer cancellation or in the next update of the offer. The Seller provides different types of discounts. Each discount has rules of application. In the event that a discount or coupon is applied by the Buyer in contravention of the rules of the discount or coupon, the Seller has the right to refuse such a discount or discount coupon. In this case, the Buyer is informed and will be offered the option of ordering without this discount or coupon applied. The rules and conditions for applying a particular discount or marketing offers are listed either directly at a discount or marketing event in the form of information, or a link to the web interface of the store where the discount rules or marketing offers are described in detail at a discount or marketing event.

3.8. To order the goods, the Buyer will fill out the order form (or provide relevant information by phone or email) in the web interface of the store, which contains, in particular, information about:
• ordered goods (ordered goods "insert" the Buyer into the electronic shopping cart of the web interface of the shop, indicate its number or the description of the goods according to the items in the Seller's presentation / catalog, its size and color; on the basis of momentary availability),
• the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods including delivery address,
• Buyer identification and contact details, including billing information (if required); and
• information on the costs associated with the packaging, transport or delivery of goods
(collectively referred to as "the order").

3.9. Prior to sending the order to the Seller, the Buyer is allowed to check and modify the data entered by the Buyer in the Buyer's order, also with regard to the Seller's ability to detect and correct the errors made before and during entering the data in the order. The order will be sent by the Buyer to the Seller by clicking the "Finish Purchase and Order" button. The data listed in the order are deemed correct by the Seller. On receipt of the order, the Seller will acknowledge receipt of the order to the Buyer by e-mail to the Buyer's e-mail address specified in the order or its user account (in the event of discrepancies, the address in the order is preferred, hereinafter referred to as the "Buyer's Electronic Address"), unless otherwise stated in the confirmation, this confirmation is not in itself the acceptance of an order within the meaning of paragraph 3.10 of these Terms and Conditions, that is, not the conclusion of a purchase contract.

3.10. The Seller is always entitled to ask the Buyer for additional confirmation of the order or verification of the Buyer's identity (for example, in writing, by fax or by telephone). If the order or the Buyer's identity is not confirmed bythe Buyer at the Seller's invitation, verified, the order is considered invalid and the purchase contract does not occur. In the event of any deficiency, in particular incompleteness or inconsistency with the persons authorized to order the goods, the Seller is entitled to disregard the order. An order that does not meet the essential requirements is the Seller's right to refuse (or to disregard it) or to return to completion and to provide a reasonable time. Its vain expiration results in the order being viewed as if it had never been delivered.

3.11. The contractual relationship between the Seller and the Buyer arises (ie, the Purchase Contract is concluded) by delivery of the order received (Acceptance, hereinafter referred to as "Receipt of the Order"), which is sent to the Buyer by e-mail to the Buyer's electronic address and, if this has not happened, by repaying the entire purchase price or by taking over the ordered goods to the Buyer, whichever comes first. Receipt of the order (acceptance) may be part of the acknowledgment of receipt of the order in accordance with paragraph 3.8 (if expressly stated in the confirmation), or it may follow this confirmation separately.

3.12. The Buyer acknowledges that Seller is not obliged to enter into a Purchase Contract, especially with persons who have previously violated the Purchase Contract (including Terms of Business).

3.13. The Buyer agrees to use distance communication tools when entering into a Purchase Contract. Costs incurred to the Buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (in particular the cost of the Internet connection, the cost of telephone calls) shall be covered by the Buyer himself. These costs do not differ from the basic rate.

3.14. With the Purchase Contract, the Seller undertakes to deliver to the Buyer the goods specified in the order and the Buyer undertakes to take over the goods from the Seller or the selected carrier and pay the Buyer the purchase price of the goods specified in the order.

3.15. In the event that there is an obvious technical error on the part of the Seller when placing the price of the goods in the web interface of the shop or during the ordering, the Seller is not obliged to deliver the Goods to the Buyer at such a manifestly erroneous price, even if the Purchaser was sent the receipt of the order, 3.10 of these Terms and Conditions.

3.16. Seller alerts the Buyer if the price listed for the goods in the web interface of the store or during the order is no longer up to date. If the Buyer disagrees with the price increase, the Seller reserves the right to withdraw from the Purchase Contract.

3.17. Buyer may cancel orders not yet confirmed by the Seller under paragraph 3.10 by telephone or e-mail at the contact telephone number, email address of the Seller. All orders accepted by the Seller pursuant to paragraph 3.10 are binding. Even a binding order can be canceled after prior agreement with the Seller. In the event that the order is canceled prior to dispatch and will be dispatched, the Buyer may be required to reimburse the costs associated with the dispatch and return of the goods caused by the cancellation of the order.

 

4. Payment and delivery terms

4.1. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packing and delivery of goods, the amount of which is stated in the web interface of the store and will be stated in the order and upon receipt. Except as otherwise expressly provided herein, the purchase price and the costs associated with the delivery of the goods are further understood.

4.2. The Buyer has the option to pay the Buyer's Purchase Price for the Goods to the Seller other than the other methods listed in the Web Interface of the Trade and in any of the following ways:
• cash payment - when sending goods by cash on delivery
• cash payment - when the goods are picked up personally
• payment by credit card - when the goods are picked up personally
• payment by credit card via the on-line payment terminal
• By bank transfer to Seller's account number 2109682665/2700 with Unicredit Bank Czech Republic, a.s., for payments in EUR: (IBAN): CZ2920100000002400580496 (hereinafter referred to as "Seller's Accounts").

Any further payments by the Buyer in connection with the above mentioned ways of reimbursement of the price of the goods are stated in the web interface of the store, in the order and will be stated in the receipt of the order.

4.3. The payment method will be specified by the Buyer in the order (where other payments related to the chosen payment method will be specified if applicable).

4.4. Payment is possible in Czech Crowns (CZK) or in Euro (EUR), prices are converted at a fixed rate of CZK 25 / EUR.

4.5. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within seven days of the purchase contract being concluded. Failure to observe the due date allows Seller to withdraw from the contract.

4.6. 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 - order number. In the case of a 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.

4.7. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller is a value added tax payer. Tax document - the Buyer will issue the invoice to the Buyer upon payment of the purchase price of the goods and send it in electronic form to the electronic address of the Buyer.

4.8. Goods that are in stock, in the case of cash on delivery or personal pickup, the Seller usually dispatches at the latest on the next business day following receipt of the order. Upon payment, the Seller of the goods in stock will usually ship the same day as the corresponding amount to the account. Partial delivery of the ordered goods is permissible provided that the opposite is not agreed.

4.9. Goods that are not in stock, Seller sends as soon as possible. At the exact date the Buyer is informed in advance. In the event that the goods have not been delivered to the Czech Republic due to objective reasons (the Goods are no longer produced, the supply has ceased to be delivered to the Czech Republic, the price or the delivery cost has increased significantly), the fulfillment becomes objectively impossible or the Buyer is not compensated commitments to the Seller due on the date of the order, the Seller has the right to withdraw from the Purchase Contract. The Seller shall immediately inform the Buyer of the withdrawal of the Purchase Contract. In the event that the Buyer has already paid the purchase price in full or in part, the amount received will be returned to him in a non-cash way to the account communicated to him for this purpose by the Buyer or the account from which the funds have been redeemed for payment of the purchase price (if the Buyer does not divulge within 3 days from the withdrawal ), within 5 days of withdrawal from the sales contract.

4.10. The methods of delivering the goods are listed in the web interface of the store. The specific delivery method will be selected by the Buyer in the order and confirmed by the Seller upon receipt of the order.

4.11. Costs of delivery of goods, depending on how the goods are dispatched and received, are listed in the web interface of the store, will be specified in the buyer's order and in receipt of the order by the Seller.

Unless otherwise stated on the web interface store:
• When you make a personal purchase at one of the Seller's stores, delivery costs are free of charge
• When buying over CZK 500, the Seller provides free transport within the Czech Republic.
• a charge of CZK 30 is charged when paying for cash on delivery
Packaging is not charged.


4.12. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or otherwise than in the agreed manner, the Buyer is obliged to pay the costs associated with such delivery.

4.13. Delivering goods under these Business Terms means the moment of delivery of the goods to the Buyer in accordance with the Purchase Contract. Unjustified refusal of goods by the Buyer shall not be deemed to be a failure to deliver the Goods on the part of the Seller or to terminate the Contract on the part of the Buyer. Upon receipt of the goods, the Buyer is obliged to check the integrity of the goods package and notify the carrier and the Seller without delay of any defects. Refusal to accept a shipment due to a damaged package is not considered to be an unjustified refusal of the goods. By signing a delivery note, the Buyer confirms that the consignment of goods has met all the details and acknowledges that the goods claim due to a violation of the shipment is no longer possible.

4.14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods (including delivery costs), but not before the goods are taken over. Responsibility for accidental destruction, damage, or loss of goods shall be transferred to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to accept the goods but did not do so in contravention of the Purchase Contract (ie, as a rule, when the goods are ready for takeover).

5. Withdrawal from the Purchase Contract

5.1. The Buyer notes that under Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it can not be returned or the delivery of goods adjusted according to the wishes of the consumer or for his person.

5.2. If this is not the case mentioned in paragraph 5.1. or in another case where the Buyer can not withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, within 14 days of receipt of the Goods. The withdrawal from the sales contract must be dispatched to the Seller within the time limit set out in the preceding sentence, either at Seller's Contact Address or Seller's Contact Email.

5.3. In case of withdrawal from the Purchase Contract according to paragraph 5.2. of these Terms and Conditions, the Purchase Contract is canceled from the outset. Goods must be returned to the Seller (other than the COD which the Seller does not collect) within 14 days of withdrawal from the sales contract to the Seller's Contact Address. Goods must be returned to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging.

5.4. The Buyer, together with the returned goods, shall attach a copy of the delivery note and the invoice if issued and a written statement of withdrawal from the purchase contract and the chosen way of refunding (transfer to the account, personal takeover of the cash or postal order or otherwise). The statement must also include the contact address, telephone and e-mail address of the Buyer.

5.5. Within ten days of returning the goods by the Buyer in accordance with paragraph 5.3 of the Terms of Business, the Seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, used or partially consumed.

5.6. The Seller shall refund to the Buyer the funds (including delivery costs) received from him under the Purchase Contract within 14 days of withdrawal from the Purchase Contract by (i) the Buyer in the same manner as the Buyer, or (ii (iii) but always by sending it to a bank account or an account from which funds have been redeemed to pay the purchase price (if the Buyer does not notify the Seller within 10 days of the withdrawal), with which the Buyer hereby pronounces his / her consent provided he / she does not incur any additional costs in this way. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the Goods have been dispatched to the Seller.

5.7. If the Buyer chooses a different than the cheapest way of delivering the goods offered by the Seller, the Seller shall return the Buyer the cost of delivering the Goods corresponding to the cheapest offered method of delivery of the Goods.

5.8. The Buyer acknowledges that if the Goods returned by the Buyer are damaged, used or partially consumed, the Seller is entitled to claim compensation from the Buyer for damages. The Seller is entitled to indemnify unilaterally against the Buyer's claim for refund of the purchase price and the cost of delivery of goods.

5.9. When shipping, the Buyer is obliged to pack the goods in a suitable packaging to not damage or destroy them. The purchase price and the cost of delivery of the goods can not be reimbursed for goods damaged or destroyed during transport due to the use of the unsuitable packaging.

5.10. The costs associated with the return of the goods to the Seller in the event of withdrawal from the Purchase Contract by the Buyer shall be borne by the Buyer, even if the goods can not be returned by their normal postal means by their nature. The Seller is entitled to offset the costs actually incurred for the return of the goods to the purchase price and the cost of delivering the goods to be returned to the Buyer.

5.11. Upon receipt of the goods by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without charge in the account notified by the Buyer for this purpose or the account from which the funds have been redeemed for payment of the purchase price (if the Buyer does not communicate within 5 days of withdrawal by the Seller).

5.12. If a gift is given together with the goods, the relevant gift agreement is concluded with the condition that if any party withdraws from the purchase contract, the Gift Agreement shall cease to be effective and the Buyer shall return the gift provided with the Goods.

 

6. Liability for defects and claim rules

6.1. The Buyer's rights of defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
6.2. The Seller agrees to the Buyer that the goods are not defective upon takeover. In particular, the Seller replies to the Buyer that at the time the Buyer took over the goods:
6.2.1. the goods have properties that are negotiated by the parties and, if there is no arrangement, has properties that the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertising they make,
6.2.2. the goods fit the purpose for which the Seller indicates or to which the goods of this type are usually used,
6.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
6.2.4. the goods are in the appropriate quantity, degree or weight and
6.2.5. goods comply with legal requirements.

6.3. The provisions of the previous paragraph of the Terms and Conditions and the Quality Guarantee shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear of the goods caused by its normal use, the used goods for a defect corresponding to the degree of wear or tear had been taken over by the buyer, or if it was due to the nature of the goods.

6.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.

6.5. Rights against defective performance, including warranty liability, are claimed by the Buyer at the Seller at the Seller's Contact Address (no other limitation of any other claim for defects under the Complaint Procedure). The moment when the warranty claim is made is the moment when the Seller received the goods complained of from the Buyer.

6.6. Complaints Procedure
6.6.1. The Complaint Rules regulate the manner and conditions for claiming defects of goods and claiming warranty claims for quality by the consumer, in accordance with the provisions of the Civil Code and Act No. 634/1995 Coll., The Consumer Protection Act, as amended.

6.6.2. For all goods sold by the Seller to the Buyer, who is the consumer, the Seller is responsible for the fact that the goods are not defective and that defects in consumer goods do not occur within twenty-four months of receipt of the goods by the Buyer.

6.6.3. In the event that during the warranty period (in the case of the provision of the quality guarantee) or during the period under the preceding paragraph there is a defect of goods for which the purchased product can not be used properly and the defect can be remedied, the Buyer shall have the right to his free repair. In the case of a defect in a product not yet used, the Buyer has the right to replace the defective product instead of removing the defect. In the case of a removeable defect, the Buyer shall also be entitled to a reasonable discount on the purchase price. In the case of a defect that can not be removed and which prevents the goods from being properly used as defective goods, the Buyer has the right to exchange the goods, to a reasonable discount on the purchase price or to withdraw from the Purchase Contract. Rights of defective performance of the Buyer do not belong if the Buyer knew of the defect before taking over the goods or if The Buyer caused the defect. The Buyer has no right to withdraw from the Purchase Contract or demand the delivery of a new goods unless he can return the item in the state in which he received it except in cases specified by the law. If the Buyer does not withdraw from the Purchase Contract or does not apply the right to deliver a new goods without defects, to replace its part or to repair the goods, it may require a reasonable discount on the purchase price. Buyer has the right to a reasonable discount even if the Seller can not deliver a new item without defects, replace its part or repair it, as well as if the Seller fails to remedy the remedy within a reasonable time or that the remedy for the Buyer would cause serious difficulties.

6.6.4. The Buyer is required to file a claim with the Seller (or person to be repaired) without undue delay from the discovery of the defect. Received complaints are handled without undue delay, but no later than within 30 days of the date of claim submission unless the Seller and the Buyer agree otherwise.

6.6.5. The date of the claim is the date on which the goods were delivered to the Seller's address.

6.6.6. The warranty and claims for liability for defects do not apply to goods for which the claim was made after the expiry of the warranty period and to the wear and tear of the goods caused by its use. Wear caused by normal use is also a reduction in battery capacity. Warranty and claims for defects are not attributable to defects caused by misuse, non-compliance, inappropriate maintenance or improper storage. For used goods, the Seller is not liable for defects corresponding to the degree of use or wear and tear; for items sold at a lower price Seller is not responsible for the defect for which the lower price has been agreed; instead of the right of exchange, the Buyer in the cases under this sentence has the right to a reasonable discount.

Entitlement and liability assurance also expires in the following cases:
• breach of security or warranty seals, barcodes and labels if they are on the product,
• mechanical damage to goods,
• electrical surges (visible burnt components or printed circuit boards);
• Inappropriate installation, handling, using, or neglect of the care of the goods.

6.6.7. You can claim the complaint as follows:
• Informing the Seller by telephone, e-mail or in writing.
• If the web interface allows the store, the Buyer may use the Complaint Report for complaint notification, which will be sent to the e-mail address or available for download at the web interface of the store.
• Delivering the claimed goods (other than the COD which the Seller does not collect) to the Seller's Contact Address or Seller's Place of Business (or persons to be repaired). When shipping, the Buyer is obliged to pack the goods in a suitable packaging so it is not damaged or destroyed. The goods must be accompanied by a proof of purchase of goods or another document proving the purchase of the goods at the Seller, with a description of the defect and a proposal for a complaint settlement.
• The complaint may also be made personally at any of Seller's stores. The list of affiliates is displayed on the web interface of the store.

6.6.8. Seller is not liable for personal injury or damage to property and goods caused by improper treatment or misuse of goods or negligence.

 

7. Privacy Policy

7.1. Protection of personal data of the Buyer, who is a physical person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

7.2. The Seller declares that it is validly registered with the Office for Personal Data Protection under the registration number 00047229.

7.3. The Buyer agrees with processing and collecting his / her personal data: name and surname, address and address of delivery and invoice, if different from home address, identification number and tax identification number, e-mail address and telephone number or other personal data, (hereinafter referred to collectively as "personal data") until such time as it is in writing to disagree with this processing. Personal data will be processed for the purposes of realizing the rights and obligations of the Purchase Contract, the management of the User Account, and for the purpose of sending information and commercial communications to the Buyer (if this option is marked or if its designation is not possible, it will not explicitly exclude it). Agreeing or refusing to process personal data is not a condition that would make it impossible to conclude the Purchase Contract.

7.4. The Seller may authorize a third party to process the Buyer's personal data as processor.

7.5. The Buyer has the right of access to his / her personal data, the right to correct them, including other legal rights to such data. Buyer declares that he has been advised that personal data may be removed from the database upon written request by the Buyer. Buyer's personal data is fully secured against misuse. The Seller does not pass the Buyer's personal data to any other person. The exception is represented by external carriers and persons involved in the delivery of goods to the Buyer, who pass the personal data of the customers to the minimum extent necessary for the delivery of the goods.

7.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.

7.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.

7.8. In the event that the Buyer believes that the Seller or processor carries out the processing of his or her personal data contrary to the protection of the Buyer's private and personal life, or in violation of the law, especially if personal data are inaccurate with regard to the purpose of their processing, may:

• ask the Seller or processor for an explanation,
• require the Seller or processor to remove the resulting condition. In particular, it may be blocking, repairing, supplementing or disposing of personal data. If Buyer's request under the preceding sentence is found to be justified, the Seller or the processor shall immediately remove the defective condition. If the Seller or the processor fails to comply with the request, the Buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the Purchaser's right to contact the Office for Personal Data Protection directly with his complaint.

7.9. If the Buyer asks for information about the processing of his personal data, the Seller is obliged to provide this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.

7.10. The Buyer agrees to send information relating to the Seller's goods, services or business to the Buyer's electronic address. The Buyer further agrees to the Seller's sales announcements. Consent may be revoked by the Buyer at any time.

 

8. Delivery

8.1. Unless otherwise agreed, any correspondence relating to the Purchase Contract shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The Buyer is delivered to the email address listed in his user account or in the order or in communication between the parties.

8.2. Message received:
• In case of delivery by e-mail, the moment of its receipt to the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,
• in the case of delivery in person or through the postal service provider by taking over the consignment by the addressee,
• in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take over the consignment,
• In the case of delivery through the postal service provider, the deadline of 10 days from the posting of the consignment and the request to the addressee to take over the consignment, if the consignment is deposited with the postal operator, even if the addressee did not know the deposit.

 

9. Extra-judicial settlement of disputes

In the event that a consumer dispute arises between us and the consumer from a Purchase Contract or from a Service Contract that can not be settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to the subject of an out-of-court settlement of consumer disputes

The Czech trade inspection
Central Inspectorate - ADR Unit
Štěpánská 15
120 00 Praha 2

Email: adr@coi.cz
Web: adr.coi.cz

The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/

10. Final provisions

10.1. If the relationship relating to the use of the website or the legal relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights resulting from generally binding laws of other states that provide consumers with a higher level of protection.

10.2. For issues not covered by the Purchase Contract (including order and acceptance) and business terms (or, where applicable, communication between the parties), the legal relationship is governed by the terms stated in the web interface of the shop. Information on the individual technical steps leading to the purchase agreement can be seen from the web interface of the store.

10.3. Seller is not responsible for errors resulting from third-party interventions in the web interface of the store or as a result of its use contrary to its intended purpose. The User and the Buyer may not use mechanisms, software, scripts, or other procedures that could adversely affect its operation, such as disrupting the system's performance or overloading the system, using the web interface of the store, performing any activity that could or third parties to allow unauthorized interference or unauthorized use of software or other components that make up the web interface of the store, and to use the web interface of the business or its parts or software in a way that would be contrary to its purpose or purpose. Errors incurred when entering data before or during the submission or processing of the order will be detected and corrected by email or telephone communications.

10.4. The seller is authorized to sell the goods on the basis of a trade license and the activity of the Seller is not subject to any other authorization. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection (http://www.coi.cz/) also carries out the observance of the consumer protection rules, and their consumer associations and other organizations protect their rights to protect consumers. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection (http://www.uoou.cz/). Out-of-court complaint handling of consumers is ensured by the Seller through the above-mentioned email address, or the Buyer can turn to interest associations and other entities acting in the framework of protection of consumer rights. The Seller is not bound by any Code of Conduct or in any way voluntarily (in the sense of Section 1826 (1) (e) of the Civil Code) in relation to the Buyer.

10.5. The content of the Seller's website, all materials (texts, photographs, images, logos, etc.) and related printed media (promotional leaflets, advertisements, etc.), including the web interface software and these Business Terms and Conditions is protected by the Seller's copyright and may be protected by other rights of others. Content may not be altered, copied, reproduced, distributed or used by any third party for any purpose by the Buyer and the User without the Seller's written consent. In particular, it is forbidden to access photos or texts placed on the web interface of the store in a free or gratuitous way. Failing to observe this prohibition, the Seller will proceed in accordance with Act No. 121/2000 Coll., The Copyright Act, as amended. The names and labels of products, goods, services, companies and companies may be registered trademarks of their respective owners.

10.6. If any provision of the Terms of Business is invalid or ineffective or unenforceable (even as a result of its breach of the consumer's right to protect the consumer), or instead of invalid clauses, a clause giving the meaning of an invalid clause approximates as much as possible. The invalidity or ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.

10.7. The Purchase Contract, including the Business Terms and Conditions, is stored and archived by the Seller in electronic form and is not accessible to third parties (the provisions of these Terms and Conditions and the Purchase Contract and Business Terms and Conditions of the Buyer are not affected by this). The Purchase Contract, including the terms and conditions of the sale, shall be provided by Seller to the Buyer upon request in a textual form (in electronic form by e-mail).

10.8. The buyer takes on the risk of changing circumstances (within the meaning of Section 1765 (2) of the Civil Code).

10.9. The Google Web Store uses Google Analytics, provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files stored by Buyer and Web Store Business Users to analyze how users use the Buyer & User interface web interface. The information generated by the cookie about the use of the site (including the IP address) will be transferred and stored on servers in the United States. Google will use this information for the purposes of evaluating the use of the web interface of the store and reporting on its activity intended for the Seller and the operator of the web interface of the store and for the use of the Internet at all. Google may also provide this information to third parties, if required by law, or such third parties will process this information to Google. Google will not associate the Buyer's and Users IP address with any other data at its disposal. Buyers and Web Store Users may refuse to use cookies by choosing the appropriate browser settings, but in this case it is not excluded that you will not be able to make full use of all features of the web interface of the store. By using the web interface of the store, the Buyer and Users agree to process the information about them by Google, in the manner and for the purpose stated above.

10.10. The Seller may amend or supplement the wording of the terms and conditions. The rights and obligations of the parties are always governed by the terms of business terms in which they came into effect.

10.11. In the event of a query on the terms of the sale and the purchase contract, the Seller shall provide the Purchaser without delay with all necessary information.

These Terms and Conditions are valid and effective from May 1, 2014, the last update as of 6/12/2016

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