BUSINESS TERMS AND CONDITIONS
of Tilak a.s.,
company with the registered office at Žerotínova 627/81, Šumperk 787 01
Company identification No.: 25858513
incorporated in the Companies Register kept by the Regional Court in Ostava, Section B, Insert 2341, of 12 June 2000
for selling goods through the online shop at (____________)
1 INTRODUCTORY PROVISIONS
1.1 These Business Terms and Conditions (hereinafter referred to as " ") of Tilak a.s., company with the registered office at Žerotínova 627/81, Šumperk 787 01, Company identification No.: 25858513, incorporated in the Companies Register kept by the Regional Court in Ostrava, Section B, Insert 2341, of 12 June 2000 (hereinafter referred to as "the Seller"), in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code"), define the mutual rights and obligations of the Parties established by or in relation to the Purchase Agreement (hereinafter referred to as "the Purchase Agreement") entered into by the Seller and another natural person (hereinafter referred to as "the Buyer") through the e-shop operated by the Seller. The e-shop is operated by the Seller at a website placed at (___________) (hereinafter referred to as "the Website"), using the website interface (hereinafter referred to as "the E-shop Web Interface").
1.2 The Business Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person that orders the goods within the scope of their business activities or as a part of carrying out their professional activities.
1.3 Provisions different from those specified in the Business Terms and Conditions may be stipulated in the Purchase Agreement. Any divergent provisions specified in the Purchase Agreement shall prevail over the provisions set forth in the Business Terms and Conditions.
1.4 The provisions of the Business Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are executed in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Seller may change or amend the wording of the Business Terms and Conditions. The above clause shall not affect any rights or obligations that came into existence during the term of any previous version of the Business Terms and Conditions.
2 USER ACCOUNT
2.1 Based on the Buyer's registration on the Website, the Buyer may access their user interface. The Buyer may order goods using their user interface (hereinafter referred to as "the User Account"). If the E-shop Web Interface allows it, the Buyer may also order goods without registration directly from the E-shop Web Interface.
2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide true, correct and complete information. The Buyer is obliged to update the registration information provided that any changes have been made. All information provided by the Buyer on their User Account and when ordering goods shall be considered correct by the Seller.
2.3 Access to the User Account is protected by a username and password. The Buyer is obliged to keep all the information required for accessing their User Account confidential.
2.4 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software or necessary maintenance of hardware and software of third parties, if any.
3 ENTRY INTO THE PURCHASE AGREEMENT
3.1 Any presentation of goods placed on the E-shop Web Interface is of informative nature and the Seller shall not be obliged to enter into a purchase agreement concerning such goods. The provision of Section 1732(2) of the Civil Code shall not be applied.
3.2 The E-shop Web Interface provides information on the goods including the prices of individual goods. The goods prices are stated including value added tax and all related fees. The prices of goods shall remain valid while displayed on the E-shop Web Interface. This provision shall not prevent the Seller from entering into the Purchase Agreement under individually set conditions.
3.3 The E-shop Web Interface also includes packaging and delivery cost information. Packaging and delivery cost information provided on the E-shop Web Interface is only valid when goods are delivered within the Czech Republic.
3.4 To order goods, the Buyer shall complete an order form available at the E-shop Web Interface.
3.5 The order form contains information on:
3.5.1. The ordered goods (the Buyer "places" goods into the shopping basket available at the E-shop Web Interface);
3.5.2. payment methods used to pay the goods purchase price, information on the required goods delivery method, and information on the goods delivery cost (hereinafter jointly referred to as "the Order").
3.6 Before sending the Order to the Seller, the Buyer shall be allowed to check and edit any information entered in the Order and to identify and correct any mistakes that may have occurred when entering the information in the Order. By clicking the "Order" button, the Buyer shall send the Order to the Seller. Any information provided by the Buyer in the Order will be considered correct by the Seller.
3.7 Sending the Order shall be considered an act of the Buyer that unequivocally identifies the ordered goods, purchase price, the Buyer, purchase price payment method, and shall represent a binding Purchase Agreement draft for the Parties. For the Order to be valid, all the required information need to be filled in the Order Form; the Buyer shall acknowledge they have read and agree to the Business Terms and Conditions on the Website.
3.8 Immediately after receiving the Order, the Seller shall confirm receipt of the Order to the Buyer by sending an electronic message to the Buyer's email address provided in the user interface or in the Order (hereinafter referred to as "the Buyer's Email Address").
3.9 Based on the type of Order (volume, purchase price amount, estimated shipping cost) the Seller shall always be entitled to ask the Buyer for subsequent Order confirmation (e.g. in writing or by phone).
3.10 The Purchase Agreement draft represented by the Order shall be valid for the period of fifteen days.
3.11 The contractual relationship between the Seller and the Buyer is established by delivering the Order acceptance, sent by the Seller to the Buyer by email sent to the Buyer's Email Address.
3.12 In the event the Seller shall be unable to meet any of the requirements specified in the Order, the Seller shall send a modified Offer to the Buyer to the Buyer's Email Address, specifying the possible Order options, and shall require the Buyer's opinion.
3.13 Such modified Offer shall be considered a new Purchase Agreement draft and as such shall only be concluded based on the email acceptance by the Buyer.
3.14 The Buyer agrees with the use of remote communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote communication in relation to the conclusion of the Purchase Agreement (internet connection or telephone calls costs) shall be paid by the Buyer; these costs shall not differ from the base rate.
4 PRICE OF GOODS AND PAYMENT TERMS
4.1 The price of the goods and other costs related to the delivery of goods under the Purchase Agreement may be paid by the Buyer to the Seller using the following methods:
- in cash at a place specified by the Seller in the Order;
- via bank transfer to the Seller's account No. 5874990247/0100 with Komerční banka (hereinafter referred to as "the Seller's Account");
4.2 Together with the purchase price, the Buyer is also obliged to pay any stipulated costs related to goods handling and delivery. Unless expressly stated otherwise, the purchase price shall also include goods delivery.
4.3 The Seller shall not request any advance or similar payment from the Buyer. This is without prejudice to the provision in Article 4.1 of the Business Terms and Conditions concerning the obligation to pay the purchase price in advance.
4.4 In the event of a cash payment or cash on delivery payment, the purchase price is payable at the time when the relevant goods are accepted. In the event of a non-cash payment, the purchase price is payable within 7 days following the conclusion of the Purchase Agreement.
4.5 In the event of a non-cash payment, the Buyer is obliged to specify the variable symbol for the respective payment. In the event of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled upon the respective amount being credited to the Seller's Account.
4.6 The Seller is entitled, in particular when the Buyer fails to properly confirm the Order (Article ), to require the entire purchase price to be paid before sending the goods to the Buyer. The provision of Section 2119(1) of the Civil Code shall not be applied.
4.7 Discounts on goods prices granted to the Buyer by the Seller, if any, shall not be combined.
4.8 If it is common business practice or if required by generally binding legal regulations, the Seller shall issue a tax document (invoice) for payments made under the Purchase Agreement. The Seller is a value-added tax payer. The tax document – invoice – shall be issued by the Seller to the Buyer after payment of the goods price is made; the Seller shall send the invoice in electronic form to the Buyer's Email Address.
5 WITHDRAWAL FROM PURCHASE AGREEMENT
5.1 The Buyer acknowledges that pursuant to the provision of Section 1837 of the Civil Code, the Buyer shall not be entitled, among other things, to withdraw from a Purchase Agreement:
5.1.1 On the delivery of goods modified according to the Buyer's specifications or personal specifications;
5.1.2 Except for cases referred to in Article 5.1.1. or cases where withdrawal from the Purchase Agreement is not possible, the Buyer is entitled, in accordance with the provision of Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days after acceptance of goods; in the event the subject matter of the Purchase Agreement is several types of goods or the delivery of several parts, this period shall commence on the date of the last goods delivery acceptance. The notice on withdrawal from the Purchase Agreement shall be sent to the Seller before the deadline specified in the previous clause.
5.2 To withdraw from the Purchase Agreement, the Buyer may use the sample form incorporated in the Business Terms and Conditions as an annex. The Buyer may send the Purchase Agreement withdrawal notice to the address of the business premises or the registered address of the Seller. The delivery of the Purchase Agreement withdrawal notice shall be governed by the provision of Article 11 hereof.
5.3 In the event of withdrawal from the Purchase Agreement under Article of the Business Terms and Conditions, the Purchase Agreement shall become null and void. The goods shall be returned to the Seller within fourteen (14) days after the Agreement withdrawal. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear any costs related to returning the goods to the Seller, even if the goods may not be returned by the usual postal method due to its nature.
5.4 In the event of withdrawal from the Purchase Agreement under Article of the Business Terms and Conditions, the Seller shall refund the money accepted from the Buyer within fourteen (14) days after the Purchase Agreement withdrawal by the Buyer, in the same way as the money was accepted by the Seller from the Buyer. Furthermore, the Seller is entitled to refund any performance provided by the Buyer, upon the goods return by the Buyer or in another way, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to refund the accepted money until the Buyer returns the goods or proves the goods have been sent to the Seller.
5.5 The Seller is entitled to set off the right to compensation for any incurred damage against the Buyer's claim to receive a refund of the purchase price.
5.6 The Seller is entitled to withdraw from the Purchase Agreement anytime before the goods are accepted by the Buyer. In such an event the Seller shall refund the purchase price to the Buyer without undue delay, by means of a bank transfer to the bank account specified by the Buyer.
5.7 If the Buyer receives a gift together with the goods, the gift contract between the Seller and the Buyer shall include a cancellation clause stating that in the event of the Purchase Agreement withdrawal by the Buyer the gift contract on such a gift ceases to be effective and the Buyer is obliged to return the gift together with the goods to the Seller.
6 GOODS TRANSPORT AND DELIVERY
6.1 If the method of transport is agreed on the basis of the Buyer's request, the Buyer shall bear the risk and any additional costs related to the selected transportation method.
6.2 If the Seller is obliged to deliver goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods at the time of delivery.
6.3 If it is necessary to deliver the goods repeatedly or by other means of delivery than specified in the Order for reasons on the Buyer's part, the Buyer is obliged to bear all the cost of such repeated deliveries or for the cost related to another method of delivery.
6.4 Upon goods acceptance from the carrier, the Buyer is obliged to check the integrity of the packaging, and in the event of any defects, report such defects to the carrier without delay. If the integrity of the packaging is broken and shows signs of unauthorised entry or opening, the Buyer is not obliged to accept the shipment from the carrier.
6.5 Terms and Conditions of Shipping Goods within the Czech Republic. The Seller shall send the goods to the Buyer through the Czech Post or GLS parcel service. The Buyer shall select the delivery option as a part of filling in the Order. If the value of the ordered goods exceeds CZK 3,000 the postage is free.
- Czech Post: For orders up to CZK 3,000 the postage fee is CZK 190 incl. VAT. The shipment is classified as a business parcel.
- GLS: For orders up to CZK 3,000 the postage fee is CZK 140 incl. VAT.
6.6 Terms and Conditions of Shipping Goods to Slovakia. The Seller shall send the goods to the Buyer through the GLS parcel service. If the value of the ordered goods exceeds CZK 3,000 the postage is free.
- GLS: For orders up to CZK 3,000 the postage fee is CZK 190 incl. VAT.
For shipments to Slovakia the payment shall be made exclusively by means of a bank transfer.
6.7 Delivery Periods. If the goods are in stock, the Order is usually dispatched within 3 to 7 business days. If the goods are not in stock the Buyer shall be informed of the delivery date by the Seller by phone or email. If the goods are not delivered to the Buyer due to stock exhaustion, the Buyer shall be informed of this fact immediately by the Seller and the Order shall be cancelled.
7 LIABILITY FOR DEFECTS
7.1 The rights and obligations of the Parties concerning the Seller's liability for defects shall be governed by applicable and generally binding regulations (including but not limited to the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller is liable for ensuring that the goods are free of defects upon delivery. The Seller warrants to the Buyer that at the time when the goods were accepted:
7.2.1 The goods show the characteristics stipulated by the Parties; in the event of an absence of any agreement, the goods show such characteristics that were described by the Seller or the manufacturer or that were expected by the Buyer with regard to the nature of the goods and based on any presented advertisements;
7.2.2 The goods are suitable for the purpose declared by the Seller or the purpose this type of goods are generally used for;
7.2.3 The quality and version corresponds to the stipulated sample or pattern if the quality and version were specified based on a stipulated sample or pattern;
7.2.4 The goods in corresponding quantity, degree or weight comply with all applicable laws and regulations.
7.3 The provisions of Article of the Business Terms and Conditions shall not be applied to a defect of goods sold for a lower price due to such a defect, to goods wear and tear caused by their standard use, to a defect of used goods corresponding to the extent of use or wear and tear that the goods demonstrated before being accepted by the Buyer, or when implied by the nature of the goods.
7.4 Any defect that appears within six months following the goods acceptance shall be considered a defect that existed at the time of acceptance.
7.5 The Buyer's rights arising from the Seller's liability for defects, shall be claimed by the Buyer at the address of the Seller's premises where warranty claims are possible with regard to the range of sold goods, or at the registered address or place of business. The warranty claim shall be considered asserted upon the delivery of the claimed goods from the Buyer to the Seller.
7.6 Any other rights and obligations of the Parties related to the Seller's liability for defects may be set in the Seller's claims management procedure.
8 OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer assumes ownership rights to the goods upon payment of the entire purchase price of the goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer as specified in the provision of Section 1826(1)(e) of the Civil Code.
8.3 Any out-of-court consumer claims shall be solved by the Seller through email@example.com. Information about the Buyer's claim settlement shall be sent by the Seller to the email address of the Buyer.
8.4 The Seller is entitled to sell goods based on the trade licence. The trade licence audit is performed by the respective trade licensing office within the scope of its activities. Personal data protection is supervised by the Office for Personal Data Protection. Supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, falls within the scope of the Czech Trade Inspection Authority.
8.5 The Buyer hereby assumes the risk of change of circumstances under Section 1765(2) of the Civil Code.
9 PERSONAL DATA PROTECTION
9.1 Personal data protection of a Buyer who is a natural person is governed by Act No. 101/2000 Coll. on Personal Data Protection, as amended.
9.2 The Buyer agrees that the following personal data are processed and used: name and surname, permanent address, company identification number, tax identification number, email address, telephone number, (hereinafter jointly referred to as "Personal Data").
9.3 The Buyer agrees and is aware that the Seller shall process the Personal Data for the purpose of exercising rights and obligations resulting from the Purchase Agreement and for the purpose of the User Account administration. Unless the Buyer selects a different option, the Buyer agrees that the Seller shall process the Personal Data also for the purpose of sending information and commercial messages to the Buyer. Within the scope of this Article, the consent to processing Personal Data shall not represent a requisite that might in itself prevent the conclusion of the Purchase Agreement.
9.4 The Buyer is aware of the obligation to provide Personal Data (during registration, for the User Account and when placing orders via the E-shop Web Interface) and to provide correct and accurate Personal Data and to inform the Seller about any changes in the Personal Data without undue delay.
9.5 The Seller may appoint a third party to process the Buyer's Personal Data. Except for persons transporting the goods, no Personal Data shall be disclosed by the Seller to any third parties without a prior consent of the Buyer.
9.6 Personal Data shall be processed for an indefinite period of time. Personal Data shall be processed in electronic form using an automated process, or manually in paper form.
9.7 The Buyer confirms that the provided Personal Data are accurate and that the Buyer is aware of the fact that the data were provided voluntarily.
9.8 Should the Buyer feel that the Seller or the person processing the data (Article ) processes the Personal Data contrary to rules describing protection of private and personal life of the Buyer, or contrary to the law, or if the provided Personal Data are inaccurate with regard to the processing purposes, the Buyer is entitled to:
9.8.1. Request that the Seller or the person processing the data provides an explanation;
9.8.2. Request that the Seller or the person processing the data redresses the situation.
9.9 If the Buyer requests information about the processing of the Personal Data, the Seller is obliged to provide the Buyer with such information. The Seller is entitled to request reasonable compensation for the information provided under the previous clause; however, such compensation shall not exceed the costs required for providing the relevant information.
10 DISTRIBUTION OF COMMERCIAL MESSAGES AND SAVING COOKIES
10.1 The Buyer consents to receiving information related to goods, services or business of the Seller to the Buyer's Email Address and further consents to receiving commercial messages of the Seller to the Buyer's Email Address.
10.2 The Buyer consents to saving cookies in the Buyer's computer. If the purchase through the website may be executed and the obligations arising out of the Purchase Agreement may be met without saving cookies in the Buyer's computer, the consent under the previous clause may be revoked any time.
11.1 All notices related to the relationship between the Seller and the Buyer, including but not limited to withdrawal from the Purchase Agreement, shall be delivered by registered mail, unless specified otherwise in the Purchase Agreement. Notices shall be delivered to the address of the other Party and shall be considered delivered and effective upon their delivery through post, except for a Purchase Agreement withdrawal notice of the Buyer when the withdrawal becomes effective if the notice is sent by the Buyer before the deadline.
11.2 A notice rejected by the addressee, not picked up or returned as undeliverable shall also be considered delivered.
11.3 Mutual correspondence between the Parties may be executed by means of email to the email address stated in the Buyer's User Account or given by the Buyer in the Order or to the email address stated on the Seller's website.
12 FINAL PROVISIONS
12.1 If the relationship established by the Purchase Agreement includes an international (foreign) element, the Parties stipulate that such relationship shall be governed by Czech law. This is without prejudice to any consumer rights resulting from the generally binding laws and regulations.
12.2 If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, a new provision shall be applied instead of the invalid provision, having the meaning as close as possible to the meaning of the original and invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any changes or amendments to the Purchase Agreement or to Business Terms and Conditions shall be made in writing.
12.3 The Purchase Agreement and the Business Terms and Conditions are archived by the Seller in electronic form and are not accessible.
12.4 A sample Purchase Agreement Withdrawal Form forms an Annex to the Business Terms and Conditions.
12.5 Seller's Contact Information: Delivery address Tilak a.s., Žerotínova 627/81, Šumperk 787 01, Email address firstname.lastname@example.org, Tel. +420 583 211 425.