Business terms of Netsektor s.r.o.
Business terms and conditions of the Netsektor s.r.o. company, ID number: 241 78 870, VAT number: CZ 241 78 870, with registered office at Krymská 56/39, Vršovice, 101 00 Prague 10, registered in the commercial register maintained by the Municipal Court in Prague, section C, entry 186004 ( hereinafter referred to as "Netsektor s.r.o.", "seller" or "Netsektor").
I. General Provisions
- 1. These general terms and conditions (hereinafter referred to as "terms and conditions") were prepared in accordance with the provisions of Act no. 89/2012 Coll., Civil Code, as amended (hereafter referred to as "OZ") and Act no. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the "Act"), and other effective legal regulations.
- A customer of the online store Netsektor s.r.o. is either:
2.1. consumer in the sense of § 2 par. 1 letter a) of the Act (hereinafter referred to as "consumer"),
2.2. a person different from a consumer (these two types of customers hereinafter referred to as "buyers").
- These terms and conditions are regulated in accordance with the provisions of § 1751 para. 1 OZ mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the seller and the buyer through the seller's online store. The contract binds the parties. The contract can be changed or canceled only with the consent of all parties, or for other legal reasons. The contract applies to other persons only in the cases stipulated by law. The fact that a party was not authorized to deal with what is to be performed under the contract when concluding the contract does not in itself invalidate the contract. The online store is operated by the seller on a website located at the internet address https://www.code-design.cz.
- By concluding the purchase contract, the buyer expresses his consent to these terms and conditions and the complaints procedure, which is an integral part of these terms and conditions, and confirms that he is properly familiar with them. The buyer is sufficiently informed of these terms and conditions and complaints procedure before concluding the purchase contract and has the opportunity to become familiar with them.
- Provisions deviating from these terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions in accordance with the provisions of § 1751 par. 1 OZ.
- When concluding and fulfilling the purchase contract, the seller acts as part of his business activity. The seller is an entrepreneur who directly or through other entrepreneurs supplies goods or services to the buyer.
- The wording of these terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
II. Purchase contract
- The proposal to conclude a purchase contract (offer) is the placement of the offered goods by the seller on the website. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance, e-mail: "Order confirmed"), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. The resulting contract can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. Among other things, the seller reserves the right to cancel the order or part of it if:
1.1. the goods are no longer manufactured,
1.2. the goods are no longer delivered,
1.3. the price of the supplier of the goods has changed significantly, or
1.4. an obviously incorrect price is displayed for the goods on the seller's website. If the buyer has already paid part of the purchase price or the entire purchase price, this amount will be returned to him.
- The procedure for shopping in the seller's online store is as follows:
2.1 The buyer places the selected goods in the basket by pressing the "Add to basket" button
2.2 If the buyer no longer intends to continue with the purchase, he selects the option "Show cart"
2.3 The buyer is obliged to fill in the contact information: email or phone, delivery address, first name, last name, company (optional), address, city, state, zip code. To continue the purchase, the buyer selects the "Continue purchase" option by pressing the appropriate button.
2.4. In the menu with the name "shipping", the buyer indicates the chosen method of transport, where he has the option of free delivery of the goods with a delivery time of up to 6 weeks, or he has the option of collecting the goods in person at the address Husitská 51, Prague in the CO.DE design branch. In this step, the buyer has the opportunity to review their contact details and delivery address and change them if necessary. The buyer proceeds with their purchase by pressing the "Proceed to Checkout" button
2.5. Subsequently, the buyer will see his basket where he can see the selected goods, quantity of goods, price, subtotal. Press the "Checkout" button to enter the checkout.
- Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order. The buyer sends the order to the seller by clicking the "Complete order" button.
- Any buyer's rights cannot be applied to gifts that are provided completely free of charge. Such goods meet the terms of the gift contract and are governed by the applicable and effective legal regulations for the gift contract. The gift contract is concluded between the seller and the consumer with the stipulation that if the consumer withdraws from the purchase contract within the 14-day period according to § 1829 para. 1 OZ, the consumer is obliged to return the provided gifts together with the purchased goods to the seller.
- The seller reserves the right to cancel the order for goods marked with the term "Currently unavailable" in the event that the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the buyer does not accept this before the purchase contract itself is formed. The seller informs the buyer about this situation. If part or all of the order has been paid, the money will be returned to the buyer.
- If the buyer in the Order chooses a combination of personal collection at the seller's store and payment of the purchase price in advance (regardless of the method of payment), the seller is entitled to verify the identity of the buyer according to the identity document when picking up the goods.
III. Defective performance rights
- Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.
- The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller answers that at the time the buyer took over the goods:
2.1. has the properties agreed upon by the parties and, in the absence of an agreement, those properties which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
2.2. the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,
2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
2.4. is the goods in the corresponding quantity, measure or weight and
2.5 complies with the requirements of legal regulations.
- If the goods do not have the above-mentioned characteristics, the buyer can also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. The buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
- If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part or to repair, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as in the event that the seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the buyer.
- If a longer period is not specified for individual goods, the buyer is entitled to exercise the right from a defect that occurs in the consumer goods as follows:
5.1. for new goods within twenty-four months of receipt;
5.2. for unpacked goods within twenty-four months of receipt;
5.3. for remanufactured goods in accordance with § 2168 of the Civil Code within twenty-one months of receipt; and for used goods in accordance with § 2168 of the Civil Code within twelve months of receipt.
If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
- Unless otherwise stated for individual goods, the seller provides a quality guarantee to the person who purchases as part of his business activity for a period of twenty-four months from receipt for new and unpacked goods, for a period of twenty-one months from receipt for refurbished goods and for twelve months for used goods.
- For the purposes of Art. III. paragraph 5. and 6. of these terms and conditions for:
a) unpacked goods are considered goods that have only been unpacked or have damaged or replacement packaging, while such goods have not been used and the contents of the package are complete;
b) second-hand goods are considered to be goods that may have been tested or used for a short time, while they may bear aesthetic traces of such use, but these traces do not affect usability and the goods are fully functional;
c) used goods are considered goods that have been used and bear signs of previous use, but are fully functional and all necessary accessories are always included in the package.
- The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that they had a defect, or if the buyer himself caused the defect.
- Article III. paragraph 2. these terms and conditions do not apply:
- for goods sold at a lower price due to a defect for which a lower price was agreed,
- for the wear and tear of the goods caused by their usual use,
- in the case of used goods, for a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, or
- if this results from the nature of the goods.
- Further rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaints procedure.
IV. Right to withdraw from the contract
- If the purchase contract is concluded using means of remote communication (in an online store), the consumer has, in accordance with the provisions of § 1829 par. 1 OZ the right to withdraw from the contract without giving a reason within 14 days of receiving the goods.
- Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous paragraph, and the consumer will state in it that he is withdrawing from the contract, ideally with the order number, the date of purchase and, if applicable, the account number for the refund.
- To withdraw from the purchase contract, the consumer can also use the sample form provided by the seller, which forms an appendix to these terms and conditions. Withdrawal from the purchase contract can be sent by the consumer, among other things, to the address of the seller's registered office or place of business or to the seller's e-mail address email@example.com.
- In the event that the consumer withdraws from the contract according to the preceding paragraphs, the seller will return the funds received from the consumer (except for the amount representing additional costs for the delivery of the goods incurred as a result of the method of delivery of the goods chosen by the consumer, which is different from the cheapest method of standard delivery of the goods offered by the seller) to 14 days from the withdrawal from the purchase contract by the consumer, in the same way as the seller accepted them from the consumer, unless the consumer specifies otherwise. The seller is also entitled to return the performance provided by the consumer when the consumer returns the goods or in another way, if the consumer agrees to this and the consumer does not incur additional costs. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods to him or proves that he has sent the goods to the seller.
- Provision of the OZ on withdrawal from the contract within 14 days according to § 1829 par. 1 OZ, however, cannot be understood as the possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the goods, the consumer in accordance with § 1829 par. 1 OZ must hand over to the seller, within 14 days of withdrawing from the contract, everything that he obtained on the basis of the contract in question, including e.g. gifts. If this is no longer possible (e.g. in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation as a consideration for what can no longer be issued. If the returned goods are partially damaged, the seller can assert the right to compensation for damages against the consumer and offset his claim against the returned purchase price and thus return the reduced purchase price to the consumer in accordance with § 1833 of the Civil Code.
- The consumer does not have the right to withdraw from the contract in accordance with the provisions of § 1837 of the Civil Code, especially in the case of contracts:
a) on the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
b) on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
c) for the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
d) on the delivery of goods that have been modified according to the wishes of the consumer or for his person,
e) on the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
f) on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested,
g) about the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it (e.g. razors, depilators, etc.),
h) about the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
i) on the delivery of newspapers, periodicals or magazines,
j) on accommodation, transport, meals or use of free time, if the seller provides these services within the specified period,
k) concluded on the basis of a public auction in accordance with the law regulating public auctions, or
l) on the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the seller informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract.
- In the event of withdrawal from the contract, the buyer will bear the costs associated with returning the goods and, in the case of a contract concluded via a means of distance communication, the costs for returning the goods, if these goods cannot be returned by the usual postal route due to their nature.
V. Records of sales
- According to Act no. 112/2016 Coll., on the registration of sales, as amended (hereinafter referred to as 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 sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
- The seller issues receipts in accordance with the Sales Registration Act in electronic form sent by e-mail or in paper form depending on the chosen payment method and method of transport.
WE. The cost of using the means of communication at a distance
- The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.
VII. Final Provisions
- The seller handles buyer complaints via the electronic address firstname.lastname@example.org. The seller will send information about handling the buyer's complaint to the buyer's email address.
- How the seller processes the personal data of the buyer is described in the section Protection of personal data of customers. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the seller without undue delay of a change in his personal data. The buyer confirms that the personal data provided is accurate.
- The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. Among other things, the Czech Trade Inspection supervises compliance with the Act to a defined extent.
- These terms and conditions apply as stated on the seller's website on the day the purchase contract is concluded. The buyer's order is according to § 1826 par. 1 letter a) OZ, after its confirmation as a concluded contract between the buyer and the seller, is archived for the purpose of its fulfillment and other records and its status is accessible to the buyer. The purchase contract and terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language, or in other languages, as long as this is not the reason for the impossibility of concluding it.
- In the event of a dispute between the consumer and the seller, the consumer can also use the option of out-of-court settlement of the dispute. In such a case, the consumer can contact the subject of out-of-court dispute resolution. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs and the consumer has the option to proceed according to the rules there listed. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection. It is also possible to start an alternative dispute resolution via the online form on the website https://webgate.ec.europa.eu/odr/. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
- The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and of the Council (EU) no. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
- The seller is authorized to do business on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
- If the relationship related 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, in particular the Civil Code. By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Art. 6 par. 1 Regulation of the European Parliament and the Council (EC) no. 593/2008 of June 17, 2008 on the law governing contractual obligations (Rome I).
- If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
- The provider is entitled to assign rights and obligations from the purchase contract to a third party, to which the user agrees.
- The purchase contract, including the terms and conditions, is archived by the provider in electronic form and is not publicly accessible.
- Contact details of the seller: e-mail address email@example.com.
These terms and conditions are valid and effective for purchases in online stores operated by Netsektor s. r. o. from 10 12. 2019.