TERMS AND CONDITIONS
of ZAMET, s.r.o.
with its registered office at Vranča 818, 756 04 Nový Hrozenkov, Czech Republic
company identification number: 42340217
registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 55361
for the sale of goods via an online shop located at the Internet address www.zamet.cz
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company ZAMET, s.r.o., with its registered office at Vranča 818, 756 04 Nový Hrozenkov, Czech Republic, company identification number: 42340217, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 55361 (hereinafter the "Seller"), define, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter the "Purchase Contract") concluded between the Seller and another natural person (hereinafter the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at the Internet address www.zamet.cz (hereinafter the "Website"), specifically through the Website interface (hereinafter the "Store Web Interface").
1.2 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Any deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.3 The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.4 The Seller may change or expand the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
2. User Account
2.1 Upon the Buyer's registration on the Website, the Buyer can access their user interface. The Buyer can order goods from their user interface (hereinafter the "User Account"). Where the Store Web Interface allows it, the Buyer can also order goods without registration directly from the Store Web Interface.
2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide fully correct and truthful information. The Buyer is obliged to update the data entered in the User Account in the event of any change. The data provided by the Buyer in the User Account and when ordering goods is considered by the Seller to be correct.
2.3 Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality of the information necessary to access their User Account.
2.4 The Buyer is not entitled to allow third parties to use the User Account.
2.5 The Seller may cancel the User Account, in particular if the Buyer does not use their User Account for more than 1 year or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously at all times, in particular with regard to necessary maintenance of the Seller's hardware and software, or necessary maintenance of the hardware and software of third parties.
3. Conclusion of the Purchase Contract
3.1 All presentation of goods placed in the Store Web Interface is of an informative character and the Seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The Store Web Interface contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related fees and charges. The prices of the goods remain valid for as long as they continue to be displayed in the Store Web Interface. This provision is without prejudice to the Seller's freedom to conclude a Purchase Contract on individually agreed terms.
3.3 The Store Web Interface does not contain information about the costs associated with the packaging and delivery of goods.
3.4 To order goods, the Buyer fills in the order form in the Store Web Interface. The order form contains the following information in particular:
3.4.1 the goods being ordered (these are "inserted" by the Buyer into the electronic shopping cart of the Store Web Interface);
3.4.2 the method of payment of the purchase price for the goods, details of the required method of delivery of the goods being ordered, and
3.5 prior to sending the order to the Seller, the Buyer is enabled to check and change the data entered by the Buyer in the order, also with a view to giving the Buyer the chance to detect and correct any errors made when entering the data. The Buyer sends the order to the Seller by clicking on the "SEND" button. The information provided in the order is deemed by the Seller to be correct. The Seller shall confirm receipt of the order to the Buyer immediately upon the receipt of the order by email to the Buyer's email address given in the user interface or in the order (hereinafter the "Buyer's Email Address").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by phone).
3.7 The contractual relationship between the Seller and the Buyer is established by receipt of the acceptance of the order, which is sent by the Seller to the Buyer by email to the Buyer's Email Address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (cost of Internet connection, costs of phone calls) are borne by the Buyer themselves, and these costs shall not differ from the basic rate.
4. Price of Goods and Payment Terms
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
in cash at the Seller's business establishment in Halenkov 754;
in cash on delivery at the place specified by the Buyer in the order;
By wire transfer to the Seller's account No. 166725853/0300, held at Zamet, s.r.o. (hereinafter the "Seller's Account");
cashless by payment card;
advance invoice.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3 For payment in cash or cash on delivery, the purchase price is payable upon taking delivery of the goods. For non-cash payment, the purchase price is payable within 14 days of the conclusion of the Purchase Contract.
4.4 In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with indicating the variable symbol of the payment. For non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled upon crediting the Seller's account with the respective amount.
4.5 If customary in commercial relations or stipulated by generally binding legal regulations, the Seller shall issue a tax invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller is a value added tax payer. The tax invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's Email Address within three business days of the shipment of the goods.
5. Withdrawal from the Purchase Contract
5.1 The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of taking delivery of the goods in accordance with the provisions of Section 1829 (1) of the Civil Code, and in the event that the subject matter of the Purchase Contract involves several types of goods or delivery in several parts, this period starts from the date of taking delivery of the last goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The withdrawal from the Purchase Contract can be sent by the Buyer inter alia to the address of the Seller's business establishment or to the Seller's email address. info@zamet.cz.
5.2 In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Purchase Contract shall be considered null and void from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if because of their nature the goods cannot be returned by the usual postal route.
5.3 In the event of withdrawal from the Contract pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when goods are returned by the Buyer or in another way, if the Buyer agrees to this and this does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that they have sent the goods back to the Seller.
5.4 The Seller is entitled to unilaterally set off a claim for reimbursement for damage to the goods against the Buyer's claim for return of the purchase price.
5.5 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such a case, the Seller shall refund the Purchase Price to the Buyer without undue delay, by wire transfer to an account designated by the Buyer.
6. Transport and Delivery of Goods
6.1 In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon receipt. Shipping costs are charged additionally according to the weight of the shipment.
6.3 In the event that for reasons on the part of the Buyer, repeated delivery of the goods or delivery in a different way than specified in the order is necessary, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery.
6.4 Upon taking delivery of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of the Buyer finding a breach of the packaging indicating that the shipment has been tampered with, they are not obliged to accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the carriage of goods may be governed by the Seller's special delivery conditions, if issued by the Seller.
7. Rights Arising from Defective Performance
7.1 The rights and obligations of the parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer for the goods being free from defects upon the Buyer taking delivery of the goods. In particular, the Seller is liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1 the goods have the characteristics agreed between the parties or, in the absence of such an agreement, the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and based on advertising carried out by either of the former;
7.2.2 the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are typically used;
7.2.3 the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was specified to be according to the agreed sample or pattern;
7.2.4 the goods are in the appropriate quantity, volume or weight, and
7.2.5 the goods comply with the requirements of the applicable law.
7.3 The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, and in used goods to a defect corresponding to the level of use or wear and tear the goods had upon receipt by the Buyer, or if it results from the nature of the goods.
7.4 The rights arising from defective performance shall be exercised by the Buyer against the Seller at the address of the Seller's business establishment where acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment at which the claim is made is deemed to be when the Seller received the goods that are the subject of the claim from the Buyer.
7.5 Other rights and obligations of the parties in relation to the Seller's liability for defects may be governed by the Seller's Complaints Procedure.
8. Other Rights and Obligations of the Parties
8.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.
8.3.Out-of-court settlement of consumer complaints is provided by the Seller via the electronic address info@zamet.cz. The Seller shall send information about settlement of the Buyer's complaint to the Buyer's Email Address.
8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its authority by the competent trade licensing office. Supervision of personal data protection is carried out by the Personal Data Protection Office. The Czech Trade Inspection Authority supervises within its scope of tasks, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9 Personal Data Protection
9.1 The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on personal data protection, as amended.
9.2 The Buyer agrees to the processing of their following personal data: name and surname, residential address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "Personal Data").
9.3 The Buyer agrees to the processing of their Personal Data by the Seller for the purpose of exercising the rights and obligations under the Purchase Contract and for purposes of maintaining the User Account. Unless the Buyer chooses another option, they also agree to the processing of their Personal Data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of Personal Data in its entirety pursuant to this article is not a precondition that would in itself prevent the conclusion of a Purchase Contract.
9.4 The Buyer acknowledges that they are obliged to provide their Personal Data (during registration, in their User Account, when placing an order from the Store Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay about any change in their Personal Data.
9.5 The Seller may delegate the processing of the Buyer's Personal Data to a third party acting as a processor. Apart from the persons forwarding the goods, Personal Data shall not be passed on by the Seller to third parties without the Buyer's prior consent.
9.6 Personal Data will be processed for an indefinite period of time. Personal Data will be processed in an automated manner in electronic form, or in a non-automated manner in paper form.
9.7 The Buyer confirms that the Personal Data provided is accurate and that they have been informed that this is a voluntary provision of Personal Data.
9.8 In the event that the Buyer believes that the Seller or the processor (Article 9.5) is processing their Personal Data in a way that is contrary to the protection of the Buyer's private and personal sphere or contrary to the law, in particular if the Personal Data is inaccurate with regard to the purpose of its processing, they may:
9.8.1 ask the Seller or the processor for an explanation;
9.8.2 require the Seller or the processor to remedy the condition so caused.
9.9 If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide them with this information. The Seller is entitled to demand for the provision of information under the previous sentence a reasonable fee that does not exceed the costs necessary to provide the information
10. Sending Commercial Communication and Storage of Cookies
10.1 The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's Email Address and further agrees to receive commercial communications from the Seller at the Buyer's Email Address.
10.2 The Buyer agrees to the storage of cookies on their computer. Where the purchase on the Website can be made and the Seller's obligations under the Purchase Contract can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
11. Delivery
11.1 Communications to the Buyer may be sent to the email address specified in their User Account or designated by the Buyer in the order.
12. Final Provisions
12.1 To the extent that the relationship established by the Purchase Contract contains an international (foreign) component, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and additions to the Purchase Contract or the Terms and Conditions must be in writing.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 The Seller's contact details: delivery address Zamet, s.r.o., Vranča 818, 756 04 Nový Hrozenkov, Czech Republic, email address info@zamet.cz, phone 517 451 857.
In Nový Hrozenkov, on 16 July 2014
