These GTC regulate the relations between the parties to the purchase contract, on the one hand, the company, Marek Látal, Miobchod.cz, ID 88047326, with its registered office at Hekrova 821/1, Prague 4, 149 00, registered at Živnostenský odbor Městské části Praha 4 under the registration number MCP11 / 11/054836 as Seller and / or Service Provider (the "Seller") and, on the other hand, is the Buyer and / or the Purchaser, who may also be a consumer (the "Buyer"). Further information about the seller is available on the www.miobchod.cz section of the "CONTACTS" section.
In case Marek Látal - Miobchod.CZ acts as a provider, it provides services according to its current offer to individual buyers according to their requirements at the price and conditions specified in the specific offer of the service, and in relation to the respective contract, the following GTC will be applied, unless otherwise stated.
The buyer is a consumer or a businessman.
A consumer is a person who, when concluding and fulfilling a sales contract with the seller, is not acting in the course of his business or other business activity or in the independent exercise of his profession.
Legal relationships between the seller and the consumer expressly not governed by these GBCs are governed by the relevant provisions of Act. No. 40/1964 Coll., the Civil Code and Act. No. 634/1992 Coll., on consumer protection, both in the valid and effective wording, as well as the related regulations.
The legal relations of the seller with the buyer who is the entrepreneur, not explicitly regulated by these GTC or the agreement between the seller and the buyer, are governed by the relevant provisions of the Act. No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations. In the event of any discrepancy between the GTC and the individual contract, the text of the contract shall prevail.
By submitting an order, the Buyer confirms that he / she has become acquainted with these GBCs, which form an integral part of the Terms and Conditions of the ordered service and / or the licensed license agreement, in the valid and effective way of sending the order. A copy of the GTC will be received by the buyer as an attachment of the order confirmation to the specified email address.
Buyers are aware that they will not acquire any of the products that are in the seller's business offering any rights to use the registered trademarks, trade names, business logos or patents of the vendor or other companies unless otherwise agreed in a particular case.
If the buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on the site, the purchase contract is created by sending the order to the buyer by the consumer and accepting the order by the seller. This acceptance by the seller immediately confirms the buyer with an informative e-mail on the specified email, but the confirmation does not affect the confirmation. Attachment to this confirmation is the current version of the GTC and the seller's claim rules. The resulting contract (including the agreed price) may be altered or canceled only by agreement of the parties or for legal reasons. For an exception to this procedure, see Section V. Ordering.
If the buyer is a businessman, the proposal for the conclusion of the purchase contract is the order of goods sent to the buyer by the entrepreneur and the purchase agreement itself is concluded at the moment of delivery of the binding agreement of the seller to the buyer by the entrepreneur with this proposal.
Relationships and possible disputes arising under the contract will be settled exclusively in accordance with the applicable law of the Czech Republic and will be settled by the courts of the Czech Republic. This is without prejudice to cases where the buyer and the consumer will have his habitual residence in a country other than the Czech Republic and option rights or prorogation court will not be accepted.
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer's need, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of the terms.
The contract seller is archived for at least five years after its conclusion, but no longer than under the relevant legislation for its successful fulfillment and is not accessible to non-participating third parties. Information on the individual technical steps leading to the conclusion of the contract can be seen from these business conditions, where the process is clearly described. The buyer has the option of checking and possibly repairing the order before submitting the order. These GTCs are available on the Seller's individual portals to enable their archiving and reproduction by buyers.
The cost of using telecommunications remotely (telephone, internet, etc.) for the execution of the order is in the normal amount depending on the tariff of the telecommunications services used by the buyer.
Buyers will receive an email from the Heuréka.cz portal within ten days of sending the order, in which they may or may not rate their purchase in the e-shop. This questionnaire can be sent in an anonymous way to help improve the e-shop's operation.
We find your satisfaction with your purchase through our e-mail questionnaires within our Customer Authentication program where our e-shop is involved. We send you every time you buy us if within the meaning of Section 7 (3) of Act No. 480/2004 Coll. about certain information society services, you will not decline to send our business communications or withdraw your previously granted consent. For sending questionnaires, evaluating your feedback, and analyzing our market position, we use the processors who are the Heureka.cz operator; we can transfer information about purchased goods and your e-mail address for these purposes.
Orders through the seller's online stores: 24 hours a day, 7 days a week
All prices are contractual. The online e-shop is always up-to-date and valid. The prices are final, which the consumer has to pay to get the goods, this does not apply to any charges for transport etc.
The promotional prices are valid until the stock is sold out, when the number of pieces of the stock is stated or for a specified time.
The buyer will receive the goods at the price valid at the time of ordering. The buyer has the opportunity to acquaint himself with the total price, including all other charges (transport, etc.) before making the order. This price will be stated in the order and in the confirmation message of receipt of the order of the goods. The buyer has the option of knowing the duration of the offer or the price in force before making the order.
You can order them in the following ways:
via e-commerce at www.miobchod.cz via e-mail at firstname.lastname@example.org
Seller advises buyer to place orders via e-commerce.
Withdrawal from the contract by a buyer who is a consumer
The consumer purchaser is entitled, in accordance with Section 53 (7) of the Civil Code. to withdraw from the contract within 14 days of receipt of the goods if the contract was concluded by means of distance communication. If the consumer chooses to use this right, the withdrawal must be delivered to the seller at the latest by the 14th day of the receipt of the goods at the email@example.com e-mail address or by post. The seller is only entitled to reimbursement of the actual costs incurred in returning the goods.
Withdrawal from the contract please send to our adress:
149 00 Praha 4
Goods should be returned by the buyer complete, with complete documentation, undamaged, clean, if possible including original packaging, in the condition and value of the goods. In the event that the returned goods are incomplete or damaged, the seller may reduce the purchase price by the corresponding amount (in accordance with Section 458 (1) of the Civil Code).
Money for returned goods will be returned to the buyer by the consumer within 14 days of withdrawal, with the lowest possible shipping cost from us to the buyer. Tzn. always the price of goods with the amount of 60Kč. You can not claim the amount for sending goods back.
Except in cases where withdrawal is expressly agreed, the consumer can not withdraw from the contracts:
to the provision of services if their performance was with its consent commenced before the expiry of the period of 14 days from the receipt of the performance,
to the supply of goods or services the price of which depends on financial market displacements, irrespective of the seller's will,
to the supply of goods adapted to the consumer's wishes or for him, as well as goods which are subject to rapid perishability, wear or obsolescence,
on the supply of goods in closed packaging which the consumer has removed from the packaging and for hygienic reasons it can not be returned (headphones)
If the buyer chooses to withdraw within the specified time limit, we recommend that delivery be delivered to the address of the seller together with the enclosed accompanying letter with the possible reason for withdrawal of the purchase contract (not a condition), the purchase receipt number and the bank account number or whether the amount will be withdrawn in cash or whether it will be drawn for further purchase.
Buyer takes note of the fact that when gifts are provided, the gift agreement between the seller and the buyer is concluded on the condition that the use of the consumer's right to withdraw from the contract pursuant to Section 53 (7) the gift contract shall expire and the buyer shall be obliged to return the returned gifts together with the returned goods. If these are not rolled back, these values will be perceived as an unreasonable enrichment for the buyer.
Upon fulfillment of all the above conditions for the return of the goods, the buyer will be entitled to a refund of the paid sums of money associated with the returned goods, which will be returned to the buyer within 14 days of withdrawal. If the account number is not specified, the amount within the same timeframe is automatically ready to be withdrawn by another purchase or cash pickup on the basis of an original credit note which is sent to the customer without undue delay after resolving the withdrawal from the purchase contract.
Withdrawal from the contract by a buyer who is an entrepreneur
If the buyer is an entrepreneur, the provisions of Section 436 et seq. of Act No. 513/1991 Coll., the Commercial Code, as amended. The seller states that the buyer may be offered an agreement to terminate the purchase contract depending on the condition of the returned goods, the warranty expired and the actual price of the returned goods. The condition of the goods is evaluated by the seller. In the event of non-acceptance of conditions acceptable to both parties, the goods will be returned at the seller's expense. Seller is entitled to charge the buyer any additional costs incurred.
Seller accepts the following payment terms:
payment in cash for purchase,
payment in advance by bank transfer,
on cash on delivery of the goods (the cash is taken over by the customer from the customer - the buyer also pays the so called "delivery" - see "Delivery methods"),
The goods remain in full payment and takeover by the seller's property, but the risk of damage to the item passes through the takeover of the goods by the buyer.
Personal collection: Goods can only be taken over by the buyer. This person must be sufficiently identified and established by a valid identity card or valid passport.
Sending a transport service - Czech Republic: Goods can be sent to the buyer by the PPL, Czech Post Office, DPD, Uloženka and Heuréka point dispensing points. The shipper normally supplies consignments to the Czech Republic within 24 hours. The price of the transport is governed by the current price list on the day of the order. If the goods are not delivered to the buyer for two business days (subject to the conditions and after all necessary steps have been taken by the consumer, in particular the advance payment, if this form is chosen), the buyer has the right to withdraw from the contract other rights, such as the right to compensation).
You can find transport prices at www.miobchod.cz.
The purchaser who is an entrepreneur is obligated (to the buyer who is a consumer to recommend this procedure) to check the delivery status of the shipment (number of parcels, the integrity of the company logo logo, the damage of the box) along with the carrier, immediately upon delivery, according to the accompanying shipping slip. The buyer is entitled to refuse to accept a consignment that is not in conformity with the contract of sale because the parcel is, for example, incomplete or damaged. If the buyer has received such a damaged shipment from the carrier, it is necessary to describe the damage in the delivery note of the carrier.
Incomplete or damaged shipments must be notified immediately via e-mail to firstname.lastname@example.org, write the shipping protocol with the carrier and send this without undue delay by e-mail or by post to the seller. An additional claim of incompleteness or external damage to the consignment does not exempt the buyer from the right to complain, but gives the seller the opportunity to prove that there is no conflict with the sales contract.
The warranty conditions for the goods are governed by the Seller's Complaints Procedure and the applicable and effective Czech legislation. As a warranty certificate, a purchase document is usually used (for details, see the Complaints Procedure).
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These General Business Terms and Conditions are valid and effective as of 25 May 2018 and repeal the previous version of the GBC. Seller reserves the right to change the GTC without prior notice.