Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1 Application of the Terms and Conditions. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of Forbidden s.r.o., having its registered office at Milady Horákové 185/104, Bubeneč, 160 00 Prague 6, Czech Republic, ID No.: 24301841, VAT No: CZ24301841, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 194484 (hereinafter referred to as the “Seller”), regulate the mutual rights and obligations of the Seller and the Buyer as contracting parties arising in connection with or on the basis of the purchase contract relating to the goods sold by the Seller (hereinafter referred to as the “Purchase Contract”), or any other contracts concluded between the Buyer and the Seller via the website and web interface of the Seller’s online shop (hereinafter referred to as the “Online Shop”), which is operated by the Seller in particular at https://www.lifeisporno.com.
1.2 Definition of the Buyer. For the purposes of these Terms and Conditions, the Buyer is either: (i) a consumer within the meaning of Section 2 of Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Act”), as a natural person who is not acting within the scope of his/her trade or other business activity or within the scope of his/her independent exercise of his/her profession (hereinafter also referred to as the “Buying Consumer”), or (ii) an entrepreneur who, when concluding and performing a purchase contract or other contract under these Terms and Conditions, is acting within the scope of his/her business activity (hereinafter also referred to as the “Buying Entrepreneur”).
1.3 Legislation and Law. The rights and obligations between the Seller and the Buyer shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), even in the presence of an international element. This is without prejudice to the rights of the consumer purchaser under the law.
1.4 Online shop. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller’s online shop and other related legal relationship.
1.5 Language of the Purchase Agreement. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in Czech, Slovak and English.
1.6 Previous terms and conditions. The Seller may change or supplement the wording of the Terms and Conditions at its discretion. This provision shall not affect the rights and obligations of the Parties arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 Creating a User Account. Once the Buyer has registered with the Online Store, the Buyer may access the Buyer’s user interface from which the Buyer may place orders for Goods (“User Account”). The Buyer may also order goods without registration directly from the web interface of the online shop.
2.2 Buyer Data. When registering in the online shop and ordering goods, the Buyer is obliged to provide correct and truthful information, which he is obliged to update immediately upon any change. The data provided by the Buyer in the user account and when ordering goods are considered correct and true by the Seller.
2.3 Security. Access to the User Account is secured by a user name and password. Buyer shall maintain confidentiality regarding the information necessary to access its user account and acknowledges that Seller shall not be liable in any way for any breach of this obligation by Buyer. The Buyer is not entitled to allow third parties to use his user account.
2.4 User Account Cancellation. The Seller may cancel the User Account at any time without restriction, without giving any reason and without refund, in particular if the Buyer has not used his User Account for more than three (3) years or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
2.5 User Account Availability. Buyer acknowledges that the User Account and the Online Store may not be available around the clock, particularly with respect to necessary maintenance of Seller’s or third parties’ hardware and software. The Seller shall not be liable to the Buyer for such unavailability.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 Offer of Goods. The Online Shop contains a specification of the goods offered for sale by the Seller, i.e. in particular the name and main characteristics of the goods, the price of the goods and the costs of packaging and delivery. The inclusion of the goods offered by the Seller in the online shop constitutes a proposal to conclude a purchase contract. The prices of the goods offered are inclusive of all taxes and all related fees and charges. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the online shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms with the buyer. By placing an offer of goods in the web interface of the shop, the seller expresses his will to conclude a purchase contract with the buyer.
3.2 Order. To order goods, the Buyer shall fill in the order form in the web interface of the online shop. The order form contains in particular:
a) information about the Buyer,
b) information about the ordered goods (the Buyer selects the ordered goods by “inserting” them into the electronic shopping cart of the web interface of the online store),
c) information on the required method of payment of the purchase price of the goods,
d) information on the required method of delivery of the goods; and
e) information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.3 Order Confirmation. Prior to sending an Order to Seller, Buyer shall have the opportunity to review, change and correct the information provided by Buyer in the Order. Buyer shall submit the Order to Seller by clicking on the “complete order” button. The information provided in the order is considered correct and true by the Seller. By submitting an order, the Buyer confirms that these Terms and Conditions apply to the Purchase Contract. Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer by e-mail to the Buyer’s e-mail address specified in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.4 Additional order confirmation. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs, etc.), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).
3.5 Cancellation of an order or part of an order. The Seller reserves the right, inter alia, to cancel (refuse) an order or part thereof prior to the conclusion of the Purchase Contract in the following cases: the goods are no longer manufactured or delivered or the supplier’s price of the goods or production costs have changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be refunded.
3.6 Conclusion of the Purchase Agreement. The Purchase Contract shall be concluded between the Parties at the moment of delivery of the Buyer’s order to the Seller.
3.7 Time limit for delivery of the goods. The Buyer acknowledges that the delivery period indicated for the individual goods in the web interface of the online store and subsequently in the order is only indicative and not binding due to the technical capabilities of the Seller. Therefore, the Purchase Contract does not contain an agreement between the parties on a specific time limit for delivery of the goods. The Seller is obliged to deliver the goods to the Buyer within a period of time appropriate to the circumstances.
3.8 Obviously low purchase price. The Buyer acknowledges that if the price of the Goods as stated in the online shop and/or subsequently in the order is obviously lower than the usual price of the same Goods at the place and time (in particular due to a clerical or calculation error or due to a technical error on the part of the Seller, etc.), the Purchase Contract shall not be concluded at all, even though the Seller has confirmed acceptance of the order to the Buyer. This is a contract of sale concluded in breach of good morals, which is absolutely null and void from the outset. The seller is obliged to inform the buyer of this fact. The Seller shall not be liable to the Buyer for any damage caused thereby.
3.9 Buyer’s costs related to the conclusion of the purchase contract. The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (in particular costs of internet connection, costs of telephone calls, etc.) shall be borne by the Buyer.
3.10 Modification of the Purchase Agreement. After the conclusion of the Purchase Contract, the Buyer may request the Seller (preferably by e-mail) to amend the contents of the Purchase Contract. The Purchase Contract is amended upon receipt of the Seller’s notice of acceptance of the amendment to the Purchaser’s electronic address. The Seller is not obliged to accept an amendment to the Purchase Contract, in particular if he has already handed over the goods to a third party for transport or if he has modified the goods according to the Buyer’s requirements.
3.11 Donation contract. If the Seller has made any gift to the Buyer in connection with the conclusion of the Purchase Contract, a gift contract has been concluded between the parties, the validity and effectiveness of which is directly dependent on the Purchase Contract, and the gift contract contains a resolutive condition according to which the gift contract terminates at the same time as the Purchase Contract (Art. 5.10), in particular if the buyer exercises his right to withdraw from the purchase contract pursuant to Article 5.2, he is obliged to return the gifts provided by the seller together with the returned goods.
4. PURCHASE PRICE OF THE GOODS AND PAYMENT TERMS
4.1 Purchase Price. Together with the purchase price for the Goods, the Buyer shall also pay to the Seller the costs associated with the packaging and delivery of the Goods to the Buyer, unless otherwise expressly agreed in the Purchase Contract. The purchase price shall therefore also include the costs associated with the packaging and delivery of the goods, unless expressly stated otherwise.
4.2 Methods of payment of the purchase price. The Buyer may pay the Seller the purchase price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract in the following ways:
a) in cash at the Seller’s premises designated for the delivery of the Goods;
b) in cash on delivery at the place specified by the Buyer in the order;
c) in cash via the Braintree payment system;
d) cashless by credit card.
4.3 Maturity of the purchase price. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within fourteen (14) days of the conclusion of the purchase contract. In case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the full purchase price is credited to the seller’s bank account.
4.4 Shipment of the goods only after payment of the purchase price. The Seller shall be entitled, in particular if there is no additional order confirmation by the Buyer (Article 3.4), to demand payment of the full purchase price before the goods are dispatched to the Buyer.
4.5 Invoice. With respect to payments made under the Purchase Agreement, the Seller shall issue a tax document – an invoice to the Buyer, which shall serve as proof of purchase of the Goods. The Seller is a payer of value added tax. For this purpose, the Buyer is obliged to provide all the necessary data for the issuance of the tax document.
4.6 Discounts. Any discounts on the price of the Goods granted by the Seller to the Buyer cannot be added together or combined.
4.7 Liquidated damages. If the Buyer fails to pay the Seller the purchase price in due and timely manner, the Buyer shall pay the Seller a contractual penalty of 0.1% of the purchase price of the Goods for each day of delay, but not more than the purchase price of the Goods.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 Purchase contracts from which the consumer buyer cannot withdraw. The Buying Consumer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, in particular, a purchase contract for the supply of goods or services whose price depends on financial market fluctuations independent of the will of the Seller, for the supply of goods modified according to the Buying Consumer’s wishes or for the Buying Consumer’s person, cannot be withdrawn, as well as perishable goods and goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of sound or visual recordings and computer programs if the buyer has damaged their original packaging, and from a contract for the supply of newspapers, periodicals and magazines.
5.2 The right of the consumer purchaser to withdraw from the purchase contract within fourteen (14) days. Unless the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn from, and if the purchase contract was concluded by means of distance communication (e.g. through an online shop) or outside the Seller’s business premises, the Buyer Consumer shall have the right to withdraw from the contract without giving any reason and without any penalty within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829 of the Civil Code. The withdrawal form is here.The period starts from the day following the day on which the consumer purchaser takes delivery of the goods. If the last day of the period falls on a Saturday, Sunday or public holiday, the last day of the period is the next working day. The withdrawal from the purchase contract must be sent to the Seller within fourteen (14) days by the Buyer to the Seller’s registered office or to the Seller’s e-mail address firstname.lastname@example.org. Prior to such withdrawal from the Purchase Contract, the Buyer Consumer shall be entitled to unpack the goods from their original packaging and to reasonably test whether the goods are satisfactory to him. The Buying Consumer is entitled to withdraw from the Purchase Contract before the Seller has dispatched the Goods or before taking delivery of the Goods. The manner of receipt of the goods by the Buying Consumer does not affect the possibility of withdrawal, i.e. the Buying Consumer is also entitled to withdraw from the Purchase Contract if he/she has received the goods personally from the Seller. Damage to the goods does not affect the possibility of withdrawing from the contract. The Buyer acknowledges that the withdrawal from the Purchase Contract shall without further prejudice to any gift contract concluded between the Parties in accordance with Article 3.11.
5.3 Return of goods after withdrawal from the purchase contract. Upon any withdrawal from the Purchase Agreement, the Buyer shall return the Goods to the Seller within fourteen (14) days of the termination of the Purchase Agreement, unless otherwise agreed with the Seller. If the Buyer is at least thirty (30) days late in returning the goods, the Buyer shall pay the Seller a contractual penalty of 0.1% of the purchase price of the goods for each day of delay, up to a maximum of the purchase price of the goods. The goods do not have to be returned in their original packaging, but they must be packed by the buyer in such a way as to prevent damage during transport – the seller therefore recommends that the goods be returned, if possible, in their original packaging, which will ensure the safety of the goods during transport. The Seller recommends that the Buyer insures the carriage of the goods. The Seller shall be entitled to require the Buyer to pay the reasonable costs of transporting the goods from the Buyer back to the Seller.
5.4 Seller’s assessment of returned goods. Within seven (7) days of the Buyer’s return of the Goods pursuant to Section 5.3, the Seller shall be entitled to conduct an examination of the returned Goods, in particular to determine whether the returned Goods have been damaged, excessively worn or partially consumed by the Buyer. This provision shall be without prejudice to the time limit for the return of monies received set out in Article 5.5.
5.5 Refund of the purchase price after withdrawal. If the Buyer withdraws from the Contract, the Seller shall refund to the Buyer, without undue delay and no later than fourteen (14) days after withdrawal, all monies, including delivery costs, received from the Buyer under the Contract in the same manner. However, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has dispatched the goods to the Seller. The seller shall only return the funds received to the consumer in another way if the buyer agrees or requests it and if no additional costs are incurred. However, if it is not possible to return the purchase price in the same way or in another free way, the Seller will send the purchase price to the Buyer’s address by postal order, whereby the purchase price will be reduced by the costs necessarily incurred by the Seller according to the valid price list of the Czech Post, s.p. or another provider of similar payment services.
5.6 The Seller’s right to compensation for the costs actually incurred in returning the goods. The Buying Consumer acknowledges that in the event of withdrawal from the Purchase Contract pursuant to Article 5.2, the Seller shall be entitled to compensation for the costs actually incurred in returning the goods, in particular if the returned goods have been damaged, excessively worn out, partially consumed or if the Buying Consumer has used the goods in excess of the level sufficient to determine whether the goods are suitable for him. The Seller advises the Buyer that the actual costs incurred in returning the goods are based on the costs claimed by third parties (i.e. entities providing professional service, repair and maintenance) from the Seller, and these costs may be as follows (these amounts are indicative only and may be increased and thus exceed the purchase price of the goods):
a) professional assessment of the condition of the goods: CZK 300,- to CZK 5,000,-;
b) professional washing, cleaning and restoration of the goods to their original condition: 300,- CZK to 2 000,- CZK;
c) professional repackaging of the goods: CZK 500 to CZK 2 000;
d) transport of the goods to professional third parties and back to the seller: CZK 300 to CZK 2,000.
5.7 Seller’s right to compensation. The Buyer acknowledges that in the event of any withdrawal from the contract, the Seller shall be entitled to compensation for damages against the Buyer, in particular if the returned goods are damaged, excessively worn out or partially consumed.
5.8 Possibility of credit by the Seller. The Seller shall be entitled to unilaterally set off against the Buyer’s claim for reimbursement of the purchase price its claim for reimbursement of the actual costs incurred in returning the goods, its claim for compensation for damages, its claim for interest for delay and its claim for contractual penalties arising from the terms and conditions.
5.9 Withdrawal by the Seller from the Purchase Contract. The Seller is entitled to withdraw from the Purchase Contract in the following cases:
a) if it has a reasonable doubt as to the true identity of the Buyer;
b) if it becomes apparent that the Buyer has previously breached the Purchase Agreement or the Terms and Conditions;
c) if it is objectively unable to deliver the goods to the buyer at the agreed purchase price for reasons on the part of third parties;
d) if he is objectively unable, for reasons on the part of third parties, to deliver the goods to the buyer within a period of time reasonable in the circumstances;
e) if the goods are no longer manufactured, are unavailable or third parties are unable to supply them;
f) if the Buyer has not made the additional order confirmation required by the Seller (Article 3.4);
g) if the Buyer has not paid the purchase price properly and on time;
h) if the Buyer has failed to take delivery of the Goods in a proper and timely manner.
5.10 Termination of the Purchase Contract. The Purchase Contract shall terminate upon delivery of a written notice of withdrawal to the other party. Withdrawal from the Contract shall cancel the Purchase Contract from the outset. The termination of the Purchase Contract or withdrawal from the Purchase Contract does not affect claims for payment of claims for reimbursement of actual costs incurred in returning the goods, claims for compensation for damages incurred, claims for interest for delay and claims for contractual penalties, as these provisions are fully separable from the Purchase Contract and continue after the termination of the Purchase Contract. The termination of the contract of sale also terminates any gift agreement concluded between the parties (Article 3.11).
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1 Method of delivery. The method of delivery of the goods is determined by the Buyer in the order by his choice from the options offered by the Seller. If the Seller agrees with the Buyer, at the Buyer’s specific request, on a method of delivery other than that currently offered by the Seller, the Buyer shall bear the risk of damage to the goods and the costs associated with such method of delivery from the moment the Seller hands over the goods for transportation.
Acceptance of the goods by the consumer buyer. The Buying Consumer is not obliged to inspect the Goods on receipt (i.e. unpack the Goods from their original packaging), but the Seller recommends the Buying Consumer to inspect the Goods. The Seller also strongly recommends the Buying Consumer to check the integrity of the packaging of the goods and in case of any defects not to accept the goods and immediately notify the Seller or, for faster handling of the matter, the final carrier, i.e. directly to the driver or the carrier via the contact details provided in the Seller’s online shop. By signing the delivery note or any other proof of receipt of goods, the buyer confirms that the packaging of the goods has not shown any signs of damage, while any subsequent claims concerning damage to the packaging of the goods cannot be taken into account.
6.3 Buyer’s delay in accepting the goods. If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods upon delivery. If the Buyer refuses to take over the goods or fails to take over the goods without justification, the Buyer is obliged to pay the Seller a contractual penalty in the amount of 50,- CZK (in words: fifty Czech crowns) for each day of delay, but not more than the purchase price of the goods, and compensation for the cost of transportation (postage), which the Seller had to pay to third parties. This entitlement shall also arise for the Seller if the conditions for the free delivery of the goods have been met.
6.4 Re-delivery of goods. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than agreed in the Purchase Contract, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.5 Seller’s Delivery Terms. The terms and conditions of carriage of the Goods and other rights and obligations of the parties in the carriage of the Goods are governed by the Seller’s delivery terms and conditions, which form part of the Purchase Contract.
7. RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE
7.1 Seller’s liability under the Civil Code. The rights and obligations between the Seller and the Buyer with regard to the Buyer’s rights arising from defective performance (goods), including the Seller’s warranty liability, are governed by the applicable legal provisions, in particular the provisions of the Civil Code.
QUALITY ON ACCEPTANCE
Quality on acceptance. The Seller shall be liable to the Buyer that the goods sold are free from defects on receipt, i.e. that at the time the Buyer took delivery of the goods:
a) the goods have the characteristics agreed between the Buyer and the Seller and, in the absence of agreement, such characteristics as the Seller or the manufacturer has described or the Buyer has come to expect in view of the nature of the goods and on the basis of advertising by them,
b) the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
c) the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
d) the goods are in the appropriate quantity, measure or weight; and
e) the goods comply with the requirements of the legislation.
In the case of an entrepreneur buyer, acceptance of the goods means the handing over of the goods by the seller to the relevant carrier.
7.3 Manifestation of Defect. If a defect manifests itself within six months of receipt by the consumer purchaser, the goods shall be deemed to have been defective on receipt.
7.4 Right to inspect the goods. If the nature of the goods permits, the consumer purchaser has the right to have the goods re-inspected or to have their operation demonstrated to him.
7.5 Material breach of the contract of sale. If a defect causes a material breach of the contract of sale, the buyer has the right to:
a) to remedy the defect by delivery of new goods without defect or by delivery of the missing goods,
b) to have the defect remedied by repairing the goods,
c) a reasonable discount on the purchase price; or
d) to withdraw from the contract of sale.
The Buyer shall notify the Seller of the right under a) to d) of this Article upon notification of the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this shall not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the buyer fails to exercise his right in time, he shall have the rights as if the breach of the purchase contract were insignificant.
Non-substantial breach of the purchase contract. If the defective performance is an insubstantial breach of the purchase contract, the buyer has the right to have the defect remedied or to a reasonable discount on the purchase price. In addition, the consumer buyer may demand the removal of defects under the conditions set out in Article 7.7. The Seller may remedy other defects at its option by repairing the Goods or by supplying new Goods; the choice must not cause unreasonable costs to the Buyer.
LEGAL OBLIGATION OF DEFECTIVE PERFORMANCE IN THE CASE OF A CONSUMER BUYER
7.7 Occurrence of defect. A consumer purchaser is entitled to assert a right under a defect that occurs in the goods within twenty-four months of receipt of those goods. In such a case, the Buying Consumer shall be entitled to demand the delivery of new goods free from defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the goods, the Buying Consumer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the purchasing consumer shall have the right to have the defect remedied free of charge. The buyer-consumer is also entitled to the delivery of new goods or the replacement of parts in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the purchasing consumer also has the right to withdraw from the contract. If the purchasing consumer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, he may demand a reasonable discount. The consumer purchaser is also entitled to a reasonable discount if the seller is unable to supply new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if it would cause the consumer purchaser considerable difficulty to remedy the defect. This does not apply if the consumer buyer knew of the defect before taking delivery of the goods or caused the defect himself.
7.8 Exceptions to defects. The Buying Consumer is not entitled to exercise the right of defect under Article 7.7 in the case of:
a) wear and tear of the goods caused by their normal use;
b) mechanical damage to the goods caused by the Buyer Consumer or a third party;
c) defects caused by unprofessional or improper transport, storage, assembly, maintenance or servicing, negligent care of the goods or tampering with the goods (in particular breakage of seals);
d) defects caused by excessive loading of the goods or use of the goods in a manner contrary to the manufacturer’s documentation or the general principles of use of the goods;
e) defects caused by use of the goods in conditions which do not correspond in temperature, dustiness, humidity, mechanical, chemical or physical effects to the conditions specified in the manufacturer’s documentation or to conditions appropriate to the normal use of the goods;
f) defects caused by force majeure, in particular electrical discharge or natural elements such as water, fire, wind, earth or other extreme natural or physical processes; or
g) where the nature of the matter so requires.
7.9 Making a Claim. The Buyer’s rights arising from defective performance (defects in the Goods) under this Article 7 (hereinafter referred to as “Claims”) shall be enforced by the Buyer against the Seller at the Seller’s registered office or place of business designated to receive Claims. The business buyer is obliged to make a claim without undue delay after he could have discovered the defect by timely inspection and additional care, otherwise the court will not grant him the right from defective goods. When making a claim, the buyer is obliged to deliver the claimed goods to the seller, together with the accessories that are necessary to assess the defects of the goods (e.g. cables for starting). When making a claim, the Buyer is obliged to prove to the Seller that he is entitled to make a claim, at least by submitting a copy of the proof of purchase of the goods (invoice), a copy of the warranty certificate or in any other credible way. The Buyer is not obliged to provide the Seller with the original proof of purchase of the goods (invoice), the original warranty certificate, the original packaging of the goods or the instructions for use. The Seller recommends the Buyer to deliver the goods for claim, if possible, in the original packaging, which will ensure the safety of the goods during transport. The Seller recommends that the Buyer insures the carriage of the goods. The Seller advises the Buyer to make a claim without undue delay as soon as the defect in the goods is discovered so that the claim can be properly assessed and dealt with. The Seller is obliged to issue the Buyer with a confirmation of when the claim was made, as well as the repair and the duration of the repair.
7.10 Confirmation. The Seller does not normally issue a written confirmation of the extent and duration of its obligations in the event of defective performance (“Confirmation”) in respect of the goods sold, as the proof of purchase (invoice) is sufficient to make a claim. However, at the request of the consumer purchaser, the seller is obliged to issue a confirmation to the consumer purchaser. The confirmation must contain the name or business name of the seller, its identification number and its registered office. If necessary, the seller shall explain in the acknowledgement in a comprehensible manner the content, scope, conditions and duration of his liability and the manner in which the rights arising therefrom may be exercised. In the confirmation, the seller shall also state that the other rights of the consumer purchaser relating to the purchase of the goods are not affected. Failure to comply with these obligations shall not prejudice the validity of the confirmation.
7.11 Time limits for handling complaints. After a claim has been made, the Seller shall decide on the validity of the claim immediately, or in more complex cases within three (3) working days. This time limit does not include the time required for a professional assessment of the defect in the goods. A complaint handler must be present at the Seller’s premises at all times during business hours. Complaints, including the removal of defects, must be dealt with by the Seller within the following time limits:
a) without undue delay, not later than thirty (30) calendar days from the date of its application;
b) if applicable, within such longer period as the Seller and the Buyer may agree.
Failure to comply with the aforementioned time limit shall be deemed a material breach of the Purchase Contract.
7.12 Defects in second quality or used goods. If the goods of quality II sold at a lower price or used goods have a defect from which the Seller is obliged below, the Buying Consumer is entitled to a reasonable discount on the purchase price instead of the right to exchange the goods. Only goods which are clearly marked as such by the seller in the online shop and subsequently in the order and which are sold at a price lower than the normal price of goods without defects, in particular due to insignificant mechanical damage which does not affect the function and utility of the goods or due to damage or contamination of the packaging of the goods, shall be considered to be of quality II.
7.13 Election of the right of liability for defects in the goods. The consumer purchaser is not entitled to exercise any rights under liability for defects in the goods other than those arising under the law and set out in the articles above, unless otherwise agreed in writing with the seller. Once the consumer purchaser has made an election of a product liability right and has exercised one of the possible rights, he is bound by his will and is not entitled to unilaterally change the election of the right exercised. The buyer-consumer is only entitled to exercise a different right on account of the same defect if the exercised right has expired (e.g. due to impossibility of performance) or if the defect for which the right was exercised has acquired a new character.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 Reservation of title. The Buyer shall not acquire title to the Goods until the full purchase price for the Goods has been paid.
8.2 Gift Voucher. The Buyer has the option to purchase a gift voucher in the web interface of the Shop at a purchase price corresponding to the value of the gift voucher, or the Seller may provide the Buyer with a gift voucher free of charge, in particular as an expression of gratitude to the Buyer for the duly fulfilled purchase contract. The gift voucher can be used when purchasing goods from the online shop, if the seller allows it for the specific goods, and only until the time of conclusion of the purchase contract. After the conclusion of the purchase contract, the gift voucher can no longer be redeemed for the purchased goods (e.g. upon receipt of the goods). The gift voucher contains a code consisting of numbers and letters, after which the purchase price of the goods will be immediately reduced by the value of the gift voucher. The gift voucher is not issued in your name and is therefore transferable. The value of the gift voucher and its validity period are based on the content of the gift voucher. Neither the gift voucher nor its value can be exchanged for money. A gift voucher can only be redeemed once within the framework of a single purchase contract, i.e. a maximum of one gift voucher can be redeemed in the course of completing an order. Gift vouchers cannot be added together or combined. If the purchase price of the goods is lower than the value of the gift voucher, the Seller is not obliged to pay or refund the difference to the Buyer. If the purchase price of the goods is higher than the value of the gift voucher, the buyer is obliged to pay the difference. A gift voucher is not a security, therefore damage or loss of the gift voucher is not a reason for cancellation, i.e. if the buyer proves that he has obtained or purchased the gift voucher, the seller may issue a new gift voucher of the same value. If the Buyer has purchased a gift voucher, the provisions of these Terms and Conditions of Sale shall apply mutatis mutandis. If the Seller has provided the Buying Consumer with a gift voucher free of charge and the Buying Consumer subsequently withdraws from the Purchase Contract in accordance with Article 5.2, the Seller shall not be obliged to reimburse the Buying Consumer for the redeemed gift voucher or to issue a new gift voucher to the Buying Consumer. Further conditions for the use of gift vouchers may be set out on the website or online shop.
8.3 Copyright. The Purchaser acknowledges that the software and other components comprising the Online Shop (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to take any action that may enable him or third parties to infringe or make unauthorised use of the software or other components of the Online Shop.
8.4 Use of the Online Shop. The Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the Online Shop when using the Online Shop. The Online Shop may only be used to the extent that it is not to the detriment of the rights of other customers of the Seller and that is consistent with its purpose.
8.5 Information provided in the online shop. The Buyer acknowledges that the information provided in the Online Shop is taken over by the Seller from third parties and may therefore contain factual and technical inaccuracies or typographical errors. The information provided in the Online Shop relates to individual model lines of the Goods, and there may be differences in immaterial details, accessories or the appearance of the Goods between this information or the representation of the Goods and the actual condition.
8.6 Special warranties and guarantees. The Seller makes no warranties or guarantees other than those implied by law and those provided by third parties in excess of law. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.7 Seller’s Liability. The Seller shall not be liable in any way for any loss of profit or direct, indirect, special or other damages caused by the use of the information provided in the Online Shop. The Seller shall not be liable for errors resulting from third party interference with the Online Shop or from use of the Online Shop contrary to its intended use.
9. PROTECTION OF PERSONAL DATA
9.2 Buyer’s consent to receive commercial communications. The Buyer consents to the Seller sending information relating to the Seller’s goods, services or business to the Buyer’s electronic address and further consents to the Seller sending commercial communications to the Buyer’s electronic address. The Buyer declares that he/she has been informed that he/she may withdraw his/her consent to receive commercial communications in relation to the Seller by written notice delivered to the Seller’s address.
10.1 Form and manner of delivery. Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender’s option). The Seller shall deliver to the Buyer at the e-mail address specified in the Buyer’s user account or in the order.
10.2 Time of Delivery. The message is delivered:
a) In the case of delivery by electronic mail, at the time of receipt by the incoming mail server, unless it is returned to the sender as undelivered or the sender otherwise becomes aware that the message has not been delivered, provided that the integrity of messages sent by electronic mail may be assured by a certificate,
b) in the case of personal delivery or delivery by a postal service provider, by the recipient taking delivery of the item,
c) in the case of personal delivery or delivery through a postal service provider, also by refusal to accept the consignment if the addressee (or, where appropriate, the person authorised to accept the consignment on his behalf) refuses to accept the consignment,
d) in the case of delivery through a postal service operator, by the expiry of a period of ten (10) days from the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.
11. DISPUTE RESOLUTION
11.1 Disputes between the Seller and the Buyer shall be settled by the ordinary courts.
11.2 In accordance with the Act, the consumer buyer has the right to an out-of-court settlement of a consumer dispute arising from the purchase contract. The entity authorised to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz. Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer purchaser, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year from the date on which the consumer purchaser first exercised his/her right, which is the subject of the dispute, with the seller.
12. FINAL PROVISIONS
12.1 Consent of the Buyer to the Terms and Conditions. By submitting an order, the Buyer confirms that he/she has read these Terms and Conditions and the Seller’s Terms and Conditions of Delivery and that he/she accepts them without reservation. Conclusion of the purchase contract without consent to the terms and conditions of the seller is not possible.
12.2 Contractual penalties. The contractual penalty clause is without prejudice to the right to compensation for damages arising from the breach of an obligation to which the contractual penalty applies, even if the damages exceed the contractual penalty. The liquidated damages shall not count towards the compensation. Payment of the contractual penalty shall not extinguish the obligation whose breach is penalised by the contractual penalty.
12.3 Trade Licence. The Seller is entitled to sell the Goods under a trade licence and the Seller’s activities are not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
12.4 Salvator clause. If any provision of the Terms and Conditions, the concluded contract or any other arrangement between the Seller and the Buyer is or becomes or is found to be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of the Terms and Conditions, the concluded contract or other arrangements. In such cases, the parties are obliged to replace the invalid or unenforceable provision with a valid and enforceable provision which will, to the greatest extent possible, have the same meaning and effect as the intention of the provision to be replaced.
12.5 Assignment of Claims and Liabilities. Buyer agrees that Seller may assign any of its claims against Buyer to a third party. Buyer, being a business, may assign any of its claims against Seller to a third party only with the prior written consent of Seller.
12.6 Archiving of the Purchase Agreement. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in accordance with the law in electronic form and is not accessible to third parties.
12.8 Effectiveness of the Terms and Conditions. These Terms and Conditions are valid and effective from 26.01.2020 and cancel the previous version of the Seller’s Terms and Conditions including their components.