These business conditions apply from 1 January 2017 for the purchase of goods through the online store www.moda1342.com, operated by Moda1342 sro, ID number: 10700374, VAT number: CZ10700374 registered C 47346 kept at the Regional Court in Hradec Králové
GENERAL CONDITIONS
1. These business conditions (hereinafter referred to as "business conditions") govern all business relations between the company Moda1342 sro, IČO: 10700374 (hereinafter referred to as "seller") with third parties (hereinafter referred to as "buyer"), where the seller sells goods to the buyer via online store. . The online store is located by the seller operated by a website located at www.moda1342.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store").
2. All business relations between the seller and the buyer are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code. Business conditions are the basic conditions for the sale of goods, and if they deviate from the dispositive legal norms of the valid legal order of the Czech Republic, they take precedence over these norms. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by Act No. 634/1992 Coll., On consumer protection.
3. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
4. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
5. The provisions of the business conditions are an integral part of the purchase contract. Business conditions are prepared in the Czech language. The purchase contract is also concluded in the Czech language, unless the circumstances on the part of the seller or the buyer prevent this, the contract can also be concluded in another language understandable to the parties.
6. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
7. The wording of the terms and conditions is located on the website of the online store www.moda1342.com , which enables the archiving and reproduction of the terms and conditions to the buyer.
DEFINITIONS
1. The purchase contract is a contract that the seller concludes with the buyer for the purpose of transfer of ownership of the goods sold for consideration, the subject of the contract is the goods sold through the seller's online store / e-shop.
2. The seller is Moda1342 sro, IČO: 10700374, DIČ: 10700374. Address: Za Pasáže 1428, 530 02 Pardubice.
3. Contact details of the seller and e-shop operator:
· e-mail: moda@moda1342.com
· tel .: +420 739 642 603 / +420 732 222 053
· opening hours of the stone shop MODA1342, at the address of the establishment: Za Pasáže 1428, 53002 Pardubice - Zelené předměstí is every working day from 10:00 to 18:00, Saturday from 10:00 to 12:00
4. The buyer is a person who enters into a purchase contract with the seller and the purpose of purchasing goods through an online store and is obliged to pay the purchase price for the goods and any other costs associated with it, such as delivery of goods. Due to the valid legal regulation, a distinction is made between the buyer - the consumer, as defined above (hereinafter also the consumer) and the buyer, who is not a consumer. A non-consumer buyer is an entrepreneur who purchases products or uses services for the purpose of his business with those products or services. This buyer is governed by the terms and conditions to the extent that apply to him and the relevant provisions of the Civil Code.
5. The buyer's order is a proposal for concluding a purchase contract. The purchase contract itself (hereinafter also referred to as the “contract”) is concluded at the moment of acceptance of the proposal by the seller (delivery of a binding order confirmation by the seller to the buyer). From this moment, mutual rights and obligations under the purchase contract arise between the buyer and the seller.
INFORMATION ON CONCLUSION OF THE PURCHASE AGREEMENT AND CONTRACTUAL TERMS AND CONDITIONS
1. All presentation of goods placed on the website is for information purposes only and the seller is not obliged to enter into a purchase agreement regarding these goods.
2. The web interface of the store contains information about the goods, including the price of the goods, prices for returning the goods, if the goods cannot be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed on the web interface of the store. This does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3. The buyer is obliged to pay the seller for the delivered goods the purchase price in the amount specified on the seller's website, unless the parties have agreed otherwise.
4. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. Information on costs associated with the packaging and delivery of goods listed on the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.
5. To order goods, the buyer fills in the order form on the web interface of the store. The condition for the validity of the order is the completion of all prescribed data and requirements in the order form. The seller is obliged to immediately confirm the receipt of the order to the buyer by some means of distance communication, by a confirmation sent to the buyer's e-mail address. With this in mind, the buyer is obliged to correctly and completely fill in the details of his e-mail address in the order to send a confirmation of receipt of the order. Before sending the order, the seller is allowed to change, eg incorrect data, before clicking on the "COMPLETE ORDER" button.
6. By sending the order, the buyer confirms that he has read these terms and conditions and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before placing the order and has the opportunity to study them at any time.
7. The buyer becomes the owner of the ordered goods only by full payment of the purchase price. However, the risk of damage to the goods passes to the buyer by taking over the goods.
8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract, namely the cost of internet connection, telephone calls, shall be borne by the buyer himself, and these costs do not differ from the basic rate.
RIGHT OF WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. The seller reserves the right to withdraw from the concluded contract if the goods are no longer produced or delivered, or the price of the goods at the supplier has changed significantly, or there is a technical problem in processing the order, which would damage the seller. In the event of withdrawal from the contract by the seller, the buyer will be informed immediately. If the buyer has already paid the price of the goods, the buyer's funds will be transferred back to his account without undue delay after withdrawal from the contract, or the seller and the buyer agree on another form of refund. For possible refunds, the seller recommends that the buyer state the account number in the order (to speed up the refund process). The funds will be returned to the buyer to the said account no later than two weeks from the moment of withdrawal from the purchase contract. If the buyer does not have a bank account, the money will be returned to him by postal order no later than four weeks from the moment of withdrawal from the purchase contract.
2. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or computer program packaging.
3. In accordance with the provisions of Section 1829 of the Civil Code, the buyer - consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. For the purposes of exercising the rights to withdraw from the contract, the buyer must inform the seller of his withdrawal from the purchase contract within the deadline by e-mail. Undamaged and complete (including accessories, warranty card, instructions, undamaged tags, if they were part of the delivered goods, etc.) The buyer is obliged to deliver the goods to the address of the seller's office: Moda1342, Za Pasáže 1428, 530 02 Pardubice - Zelené předměstí without undue delay after withdrawal from the contract, but no later than 14 days after withdrawal. The direct costs associated with returning the goods are borne by the buyer.
4. If the buyer withdraws from the contract, the seller will return to him without undue delay, but no later than 14 days from the date when the undamaged and complete goods were delivered to the premises (or the dispatch of the goods back to the seller was demonstrably confirmed), all payments received from the buyer. , cashless to the account designated by the buyer, which is listed in the Withdrawal form. Here is the form to print: FORM OF WITHDRAWAL FROM THE CONTRACT
5. The Buyer acknowledges that if the goods returned by the Buyer are damaged or worn, the Seller is entitled to compensation for the damage caused to the Buyer.
6. If the buyer is not a consumer, the seller is responsible for defects in the goods according to Act No. 89/2012 Coll., The Civil Code.
RIGHTS OF DEFECTIVE PERFORMANCE (COMPLAINTS PROCEDURE)
1. These conditions governing the seller's liability for defects in the goods sold apply to the buyer, who is a consumer. It is thus governed primarily by the Civil Code and the Consumer Protection Act. The relationship between the buyer (non-consumer) and the seller from liability for defects is governed by the Civil Code.
DEFECTS IN ACCEPTING GOODS
2. The buyer inspects the goods upon receipt and is convinced of their properties and quantity.
3. The seller responds to the buyer that the item has no defects upon receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt. If the goods are defective upon receipt, the buyer may also require the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the purchase contract. However, if this is disproportionate to the nature of the defect, in particular if the defect can be rectified without undue delay, the consumer has the right to rectify the defect free of charge. The buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the purchase agreement. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may demand a reasonable discount from the purchase price. The buyer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy it within a reasonable time or if arranging a remedy would cause considerable difficulties for the consumer.
LEGAL RESPONSIBILITY FOR DEFECTS IN ACCEPTING GOODS
1. The buyer is entitled to exercise the right to a defect (file a complaint), which occurs with consumer goods within twenty-four months of receipt. If the consumer so requests, the seller shall confirm to him in writing the extent and duration of his obligations in the event of defective performance.
2. If the defective performance is a material breach of the purchase contract, the buyer has the right to:
· to eliminate the defect by delivering a new item without a defect or by delivering a missing item,
· to eliminate the defect by repairing the thing,
· at a reasonable discount from the purchase price, or
· withdraw from the contract.
3. The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable. If the seller does not eliminate the defects within a reasonable time or notifies the buyer that he will not eliminate the defects, the buyer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not choose his right in time, he has the rights as in the case of a minor breach of the purchase contract.
4. When delivering a new item, the buyer returns the item originally delivered to the seller at his expense.
5. The place for making a complaint is the registered office of the seller; Za Pasazi 1428, 53003 Pardubice - Bile Predmesti
6. complaints the buyer decides the seller within a week. This period does not include the time appropriate to the type of goods needed for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller agrees with the consumer on a longer period. The expiration of this period in vain is considered a material breach of the purchase contract.
7. If the buyer exercises the right from the defective performance, the seller will confirm when he exercised the right, as well as the choice of the right to eliminate the defect and its duration.
8. The consumer handles complaints from buyers ( moda@moda1342.com) . The seller will send information on the settlement of the buyer's complaints to the buyer's e-mail address.
9. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 12000 Prague 2, Company Identification Number: 00020869, Internet address: http://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, available at: http://ec.europa.eu/consumers/odr , can be used to resolve disputes between the seller and the buyer under a purchase agreement.
10. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
11. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
12. If you are a buyer, you have the right to return the purchased goods without giving a reason according to § 1829 of the Civil Code (Act No. 89/2012 Coll.), Within 14 calendar days from the date of receipt of the goods with the completed form Withdrawal from the purchase contract. You are also entitled to place an order over the Internet with a personal collection at one of our brick-and-mortar stores.
13. If you are not a consumer / buyer, ie you buy goods as part of your business or entrepreneurial activity (which is decided by the ID number on the purchase document), you do not have the right to withdraw, as the law does not provide for this possibility.
PROTECTION OF PERSONAL DATA
1. The controller of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: " GDPR ") is the seller. Premises: Za Pasáže 1428, 53002 Pardubice.
2. The seller processes personal data provided by the buyer or personal data obtained on the basis of an order through the online store www.moda1342.com only for the purposes of fulfilling the purchase contract.
3. The buyer agrees to the processing of personal data for this purpose.
4. The seller retains personal data for the time necessary to exercise the rights and obligations arising from the contractual relationship with the buyer.
5. The Seller declares that he has taken all appropriate technical and organizational measures to secure personal data, that only authorized persons have access to personal data.
SENDING COMMERCIAL MESSAGES AND COOKIES
1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
FINAL PROVISIONS
1. These terms and conditions take effect on the day of their publication on the website of the online store www.moda1342.com and are, as amended, binding for all orders placed from this date, as well as later. The seller reserves the right to change these terms and conditions. The seller will publish the new wording of the terms and conditions on the website of the online store, which will invalidate and replace the previous terms and conditions.
2. By sending the order from the online form, you confirm that you are familiar with the conditions of personal data and that you accept them in full.
3. The purchase contract includes the business conditions as amended on the website www.moda1342.com , which take effect on the day of concluding the purchase contract.
4. If you are a consumer, according to § 1829 of the Civil Code (Act No. 89/2012 Coll.) You have the right to return the purchased goods without giving a reason, within 14 calendar days from the date of receipt of the goods. You are also entitled to place an order over the Internet with a personal collection at one of our brick-and-mortar stores.
5. If you are not a consumer, ie you buy goods as part of your business or entrepreneurial activity (which is decided by the ID number on the purchase document), you do not have the right to withdraw, as the law does not provide for this possibility.
6. Important document to download - complaint form and form - withdrawal from the contract
ELECTRONIC REVENUE RECORD
According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.