|Type of subject:||Natural person|
|Registered office/official address:||Brožíkova 284/8, 26601, Beroun, Czech Republic|
|Role of subject:||entrepreneur|
|In searched address:||registered office|
|Registered number /Identification number:||04624394|
|Tax file number:||CZ8711163945|
sale of goods through an online store located on website www.euro-military.com
Trade Licensing Office with jurisdiction according to Section 71, paragraph 2 of the Trade Licensing Act: Městský úřad Beroun
1.1 These general terms and conditions (hereinafter "terms and conditions") of the subject Petr Sýkora, with registered office Na Horizonu 479, 267 01, Králův Dvůr, Czech Republic, registered number/identification number: 04624394 (hereinafter "seller") govern in accordance with § 1751 paragraph. 1 of law no. 89/2012 Coll., Civil Code (hereinafter "civil code") mutual rights and obligations of contracting parties arising in connection with or based the purchase agreement (hereinafter "purchase contract") concluded between the seller and any other natural person (hereinafter "buyer") through the online shop of the seller. The Internet shop is operated by the seller on a website located on the Internet at www.euro-military.com (hereinafter "website") and through the website interface (hereinafter "shop web interface").
1.2 Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate profession.
1.3 Provisions that are different from the terms and conditions can be agreed in purchase contract. Divergent arrangements in purchase contract shall prevail over the provisions of these terms and conditions.
1.4 Provisions of terms and conditions are an integral part of purchase contract. Purchase contract and terms and conditions are written in czech or english language. Purchase contract can be concluded in czech or english language.
1.5 The terms and conditions may be amended by the seller. This provision doesn´t affect the rights and obligations arising after the effective period of the previous version of this terms and conditions.
2 USER ACCOUNT
2.1 Buyer can access to their user interface (hereinafter “user account” through website on the basis of its registration. Buyer can orders goods from its user account. Buyers can also order goods without registration directly from website.
2.2 Buyer is obliged to provide correct and true information during registration on website and ordering goods. Buyer is obliged to update its user data when they are changed. The data referred by buyer in the user account and ordering goods by the seller are considered correct.
2.3 Access to user account is secured by user name (email address of buyer) and password. Buyer is obliged to keep confidentiality regarding information necessary to access the user's account.
2.4 The buyer is not allowed to enable use of the user account third parties.
2.5 Seller may cancel a user account, especially when the buyer is not used your user account for more than one year or if buyer breaches its obligations under purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of seller, respectively necessary maintenance of hardware and software of third parties.
3 CONCLUSION OF PURCHASE CONTRACT
3.1 All presentation of the goods located in website has informative character and seller is not obliged to conclude purchase contract regarding to this goods. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
3.2 Website provides information about goods, prices of goods and the cost of returning the goods if the goods by their nature cannot be returned by post normally. Prices of goods are inclusive of VAT and all related charges. Prices of goods remain in force for a period as they are displayed in website. This provision is not limited to seller conclude a sales contract under individually negotiated conditions.
3.3 Website also contains information about the costs associated with packaging and delivery. Information about the costs associated with packaging and delivery of the goods listed in website applies in cases where the goods is delivered throughout the whole world.
3.4 Buyer fills an order form to order the goods in website. The order form contains particular information about:
a) ordering goods (ordered goods "insert" buyer into an electronic shopping cart of website),
b) method of payment of purchase price, details of the method of delivery of goods ordered goods and
c) information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
3.5 Buyer is allowed to check and change order information before confirming order, even considering the option buyer to detect and correct errors during data entry into the order. The buyer sends the order by clicking on button "continue". The data specified in order by seller are deemed like correct. Seller immediately after receipt of order send confirmation to buyer through e-mail at the e-mail address of buyer specified in the user's account or in order (hereinafter referred to as "electronic address of the buyer").
3.6 Seller is always entitled to ask buyer for additional confirmation (for example by telephone or in writing) depending on character of order (quantity of goods, purchase price, estimated shipping costs).
3.7 Contractual relationship between seller and buyer is created by delivery order (acceptance), which is sent by seller to buyer through e-mail to electronic mail address of buyer.
3.8 Buyer agrees with the use of remote communication means when concluding purchase contracts. Costs incurred to buyer when using the remote communication means in connection with concluding a purchase contract (cost of internet access, telephone costs) pays itself and these costs do not differ from the standard rate.
4 PRICE OF GOODS AND PAYMENT TERMS
4.1 Price of goods and possible costs related with delivery of goods according to purchase contract could be paid to seller through cashless payment system PayPal only.
4.2 If not defined otherwise, purchase prices include the costs of the goods delivery.
4.3 The seller doesn´t require from buyer to pay a deposit or other similar payment. This is without prejudice to the provision of art. 4.4 terms and conditions concerning the obligation to pay purchase price in advance.
4.4 Seller is entitled, especially if buyer does not confirm order additionally (art. 3.6), to require payment of full purchase price before sending goods to buyer. The provision § 2119 paragraph 1 of the Civil Code will not be apply.
4.5 Potential discounts on the price of goods provided by seller to buyer cannot be combined.
4.6 Invoice (tax document) is issued on the basis of payment arising from purchase contract. Seller is a payer of value added tax. Seller issues invoice (tax document) after receiving purchase price and sends it electronically to the buyer's email address.
5 Withdrawal from the purchase contract
5.1 According to § 1837 of the Civil Code buyer acknowledges that cannot, inter alia, withdraw from purchase contract for the supply of goods that have been adjusted according to wishes of buyer or for his person, from the purchase contract for the supply of goods subject to rapid deterioration, as well as goods that was after delivery irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed hygienic reasons it cannot be returned and purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
5.2 If this is not a case under art. 5.1 of this terms and conditions or of any other case where is not possible to withdraw from purchase contract, buyer has right in accordance with § 1829 paragraph 1 of the Civil Code to withdraw from purchase contract within fourteen (14) days from receiving of goods. While if purchase contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receiving of the last delivery. The withdrawal from the contract must be sent by buyer to seller within the period mentioned in the previous sentence. Buyer can send the withdrawal from the purchase contract to the address of seller or to seller's e-mail address email@example.com.
5.3 In case of withdrawal from purchase contract according to art. 5.2 of terms and conditions is purchase contract canceled from the beginning. The goods must be returned to seller within fourteen (14) days from the withdrawal from purchase contract. If buyer withdraws from purchase contract, buyer defrays cost of returning the goods to seller, even in the case where the goods cannot be returned to their character by usual postal route.
5.4 In case of withdrawal from purchase contract according to art. 5.2 of this terms and conditions seller returns the funds received from buyer within fourteen (14) days from the withdrawal from the purchase contract by buyer in the same way as the seller received the funds from buyer. Seller is also entitled to return performance by buyer at the time of returning the goods buyer or otherwise, unless buyer will agree to and do not create additional costs to buyer. If buyer withdraws from purchase contract, seller is not obliged to return the funds received from buyer before buyer returns goods to him or prove that the goods sent to seller.
5.5 Seller is entitled to unilaterally set off a claim for damages caused to the goods to buyer's claim for refund of purchase price.
5.6 In cases where buyer has right to withdraw from purchase contract in accordance with § 1829 paragraph 1 of the Civil Code seller has right to withdraw from purchase contract also up to the time of receiving of the goods by buyer. In this case seller returns purchase price without undue delay by PayPal.
5.7 If together with the goods is provided by seller to buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from purchase contract buyer loses gift agreement regarding such the gift effectiveness and buyer is required along with the goods seller also return provided the gift.
6 TRANSPORT AND DELIVERY of the goods
6.1 In the event that method of transport is contracted based on the special request of buyer, buyer takes risk and additional costs related with this method of transport.
6.2 If seller according to purchase contract must deliver the goods to a place specified by buyer in purchase order, buyer is obliged to accept the goods on delivery.
6.3 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in order, buyer is obliged to pay the costs related with repeated delivery of goods, respectively costs related with other delivery method.
6.4 Buyer is obliged to check integrity of the package when receiving the goods from the carrier and in case of any defects immediately notify the carrier. In case of violation package which indicates an unauthorized intrusion into consignment, buyer might not assume the shipment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods can modify special delivery conditions of seller, if seller issued.
7.1 The rights and obligations of the parties regarding the rights of defective observance is governed by the relevant legislation (in particular the provision of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the act no. 634/1992 Coll., On Consumer Protection, as amended).
7.2 Seller is responsible to buyer that the goods on delivery has not defects. Especially, seller is liable to buyer that when the buyer took the goods:
7.2.1 have characteristics that the parties have agreed, and if there is no agreement, it has characteristics that seller describe or buyer expected given the nature of the goods,
7.2.2 is suitable for the purpose for which seller presents on website or to which the goods of the same type is normally used;
7.2.3 correspond to the quality or the implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
7.2.4 is in appropriate quantity, measure or weight and
7.2.5 comply the legal requirements.
7.3 Provision referred to in art. 7.2 of terms and conditions do not apply to goods sold for a lower price to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, in used goods to defect by use or wear that goods had to take over buyer or if it appears that the nature of the goods.
7.4 If the defect apparent within six months from the acceptance of goods it shall be deemed that the goods were defective at the time of acceptance. Buyer is entitled to exercise the right of the defect which occurs in consumer products during the twenty four months from the receipt.
7.5 Buyer submits the rights of defective observance by seller at his place of business in which it is possible taking into account the assortment of goods sold, possibly at the seat or place of business.
7.6 Buyer submits the rights of defective performance by seller at his place of business in which is receiving of claim possible taking into account the assortment of goods sold, possibly at the seat or place of business. Having regard to the assortment of sold goods, possibly at the seat or place of business.
7.7 Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of seller.
8 OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 Buyer acquires ownership of the goods by paying the entire purchase price.
8.2 Seller is not in relation to seller bound by codes of conduct within the meaning of § 1826 paragraph 1 point e) of the Civil Code.
8.3 Czech Trade Inspection, headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz is responsible for out of court settlement of consumer disputes arising from the purchase contract.
8.4 Seller is entitled to sell goods based on trade license. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia supervision over compliance with act no. 634/1992 Coll., On consumer protection, as amended.
8.5 Buyer takes on itself the danger of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
9 PROTECTION OF PERSONAL DATA
9.1 Protection of personal data of the buyer, who is natural persons, is provided by the Act No. 101/2000 Coll. on the protection of personal data as amended.
9.2 Buyer agrees with the processing of their personal data like the name and the surname, the living address, the identification number, the tax file number, the electronic mail address and the telephone number (hereinafter referred together as the “personal data” only).
9.3 Buyer agrees with the processing of their personal data by seller for purposes of the utilization of rights and obligations resulting from purchase contract and for the purpose of maintaining of user account. If buyer does not choose another option, consents to the processing of personal data by seller as well as for the purpose of sending commercial messages and information to buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself made it impossible to conclude a purchase contract.
9.4 Buyer is aware that he is obliged to submit their personal data (at the time of their registration, in their users’ accounts, and at the time of ordering while using the shop web interface) correctly and truthfully and that he must inform seller about changes in their personal date without any unnecessary delay.
9.5 Seller may appoint a third party as a processor by the processing of personal data of buyer. The personal data will not be transferred by seller to third parties without the prior consent of buyer (besides persons who transport the goods).
9.6 Personal data will be processed for the indefinite period. Personal data will be processed in an electronic form automatically or in hard copies form by a not automatic way.
9.7 Buyer confirms that the personal information is accurate and he was instructed that it is voluntarily provided personal information.
9.8 In the situation in which buyer might believe that seller or the processing party (article 9.5) processes his or her personal data in dispute with the protection of the buyer’s private or personal life or in dispute with a law, especially when the personal data are not precise in connection with the purpose of their processing use, he or she can:
9.8.1 ask seller or processor for explanation;
9.8.2 require seller or the processor rectifies the situation.
9.9 When buyer asks for information about the processing of its personal data, seller is obliged to provide the information to him. Seller has got the right to ask for an appropriate payment for the provision of the information, according to the previous sentence, but the payment must not exceed his necessary costs of the information provision.
10 Sending of commercial messages
10.1 Buyer agree with sending information related with goods, services or company of seller to buyer's email address and agrees with sending commercial communications by seller to the buyer's email address.
10.2 Buyer agrees to set cookies on his computer. In the event that a purchase on the website can be made, and commitments agreed sales contracts to fulfill, without the storage of cookies on the computer of buyer, buyer may consent under the previous sentence at any time.
11 Final Provisions
11.1 When the relation connected with the use of the web page or the legal relation resulting from a purchase contract includes an international (foreign) element, the parties agree that their relation is governed by the Czech law.
11.2 When any provision in terms and conditions is or becomes invalid or inefficient, it will be replaced with a provision the meaning of which will be as close to the invalid provision as possible. The invalidity or inefficiency of a provision does not affect the validity of other provisions.
11.3 Purchase contracts including terms and conditions are kept by seller in an archive in an electronic form and they are not accessible.
11.4 Contact details of seller: delivery address Na Horizontu 479, 267 01 Kraluv Dvur, Czech Republic, e-mail address firstname.lastname@example.org, phone +420 724 117 014.
In Kraluv Dvur on the 6th of March 2016.
According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register a revenue received from the Tax online; in case of technical failure, then within 48 hours.