TERMS AND CONDITIONS
Trading companies: Nanospol, s.r.o.
registered office: Bohunická 238/67, 619 00 Brno
id number: 28271068
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 57641
for the sale of goods through the on-line shop located on the Internet address nanoshop.cz
1. Introductory provisions
1.1 These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of Nanospol, sro, registered office at Bohunická 238/67, 619 00 Brno, identification number: 28271068, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 57641 hereinafter referred to as the “Seller”), in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), regulate the mutual rights and obligations of the parties arising in connection with or hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at the Internet address nanoshop.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
1.2 The Terms and Conditions shall not apply in cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the ordering of goods in the course of his business activity or in the course of his / her independent profession.
1.3 Provisions deviating from the Terms and Conditions may be agreed in the sales contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5 The Seller may change or supplement the text of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. User account
2.1 Upon registration of the Buyer on the Website, the Buyer may access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2 When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3 Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4 The Buyer is not entitled to allow the use of the user account to third parties.
2.5 The Seller may cancel a user account, especially if the buyer has not used his user account for more than 365 days, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6 The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1 All the presentation of the goods placed in the web interface of the shop is of an informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The web interface of the store contains information about the goods, including the prices of individual goods. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3 The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
3.4.1 ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2 the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
3.4.3. Information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the possibility of the buyer to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the button "SEND ORDER". The data listed in the order they are deemed correct by the seller.
3.6 Sending an order is considered to be an act of the buyer, which undoubtedly identifies the goods ordered, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft contract for the parties. The validity of the order is conditioned by filling in all required information in the order form, familiarizing themselves with these terms and conditions on the website and confirming the buyer that they have read these terms and conditions.
3.7 The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the User Interface or in the Order (hereinafter referred to as the “Buyer's E-mail Address”).
3.8 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
3.9 The draft purchase contract in the form of an order is valid for fifteen days.
3.10 The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.11 In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send the buyer to the buyer's email address a modified offer indicating possible variants of the order and request the buyer's opinion.
3.12 The amended offer is considered to be a new draft purchase contract and the purchase contract is concluded in such a case only after the buyer's acceptance by e-mail.
3.13 The Buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
4. Price of goods and payment terms
4.1 The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller in the following ways:
4.1.1 in cash at the seller's premises at Halasovo nám. 4a, 638 00 Brno, Czech Republic;
4.1.2 cashless payment card at the seller's premises at Halasovo nám. 4a, 638 00 Brno, Czech Republic;
4.1.3 cash on delivery at the place specified by the buyer in the order;
4.1.4 by bank transfer to Seller's Account No. 2801292081 / 2010 (hereinafter referred to as “Seller's Account”);
4.1.5 cashless payment card.
4.2 Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3 The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6 The Seller is entitled, especially if the Buyer fails to confirm the order (Article 3.8), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8 If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the Purchase Agreement. The seller is a payer of value added tax. The tax document - the invoice is 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.
5. Withdrawal from the purchase contract
5.1 The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
5.1.1 the supply of goods, the price of which depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period,
5.1.2 the supply of alcoholic beverages, which may be supplied after thirty days and whose price depends on fluctuations in the financial market, independent of the seller's will,
5.1.3 on the delivery of goods which have been modified according to the buyer's wish or for his person
5.1.4. On the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
5.1.5 on the delivery of goods in a sealed package which the buyer has removed from the package and for hygienic reasons it cannot be returned,
5.1.6 the delivery of a sound or image recording or computer program if it has broken its original packaging,
5.1.7 on the supply of newspapers, periodicals or magazines,
5.1.8 on the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the Buyer's prior express consent prior to the expiry of the withdrawal period and the Seller has informed the Buyer that he is not entitled to withdraw from the contract.
5.2 Unless this is the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) within fourteen (14). days from receipt of goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence.
5.3 For withdrawal from the purchase contract, the buyer may use the standard form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer outside to the address of the Seller's premises or registered office. The provisions of Article 11 hereof shall apply to the delivery of withdrawal. The entrepreneur shall confirm the consumer's acceptance without undue delay in the text form.
5.4 In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.5 In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and the Buyer does not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.6 The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.7 The Seller is entitled to withdraw from the contract at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.8 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be concluded with the proviso that if the Buyer withdraws from the contract, the gift contract for such gift ceases to be effective. and provided gift.
6. Transport and delivery of goods
6.1 If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2 If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3 In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
7. Rights from Defective Performance
7.1 The rights and obligations of the contracting parties in respect of rights arising from defective performance shall be governed by the relevant 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 is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:
7.2.1 the goods have properties agreed upon by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2 the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3 the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
The goods are of a corresponding quantity, measure or weight and
7.2.5 the goods comply with legal requirements.
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 for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, takeover by the buyer, or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.5 The Buyer shall exercise the rights from defective performance at the Seller's address at the Seller's premises where acceptance of the claim is possible with respect to the assortment of the goods being sold, or possibly at the registered office or place of business. The moment when the seller has received the goods from the buyer is considered the moment of claiming.
7.6 Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
8. Other rights and obligations of the contracting parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2 In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3 The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz
8.4 The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
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 the protection of personal data, as amended.
9.2 The Buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
9.3 The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, he agrees to the processing of personal data by the Seller also 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 condition that would in itself preclude the conclusion of a purchase contract.
9.4 The Buyer acknowledges that he / she is obliged to provide his / her personal data (during registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without any undue delay.
9.5 The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, the Seller shall not pass on personal data to third parties without the Buyer's prior consent.
9.6 Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided are accurate and that he / she has been advised that this is a voluntary disclosure of personal data.
9.8 Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with with regard to the purpose of their processing, may:
9.8.1 ask the seller or processor for an explanation,
9.8.2 require the seller or processor to remedy the situation.
9.9 If the Buyer asks for information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. Sending business messages and storing cookies
10.1 The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2 The Buyer agrees to the storage of cookies on his computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw the consent under the previous sentence at any time.
11.1 Notices relating to Seller-Buyer relations, in particular concerning withdrawal from the Purchase Agreement, must be delivered by registered mail, unless otherwise specified in the Purchase Agreement. Notifications shall be delivered to the appropriate contact address of the other party and shall be deemed delivered and effective upon delivery by post, with the exception of the withdrawal notice made by the Buyer when the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
11.2 Notification shall also be deemed delivered if its receipt was refused by the addressee, was not picked up during the storage period, or which was returned as undeliverable.
11.3 The Parties may deliver regular correspondence to each other by e-mail to the e-mail address specified in the Buyer's user account or specified by the Buyer in the order, respectively. to the address on the seller's website.
12. Final provisions
12.1 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is 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 invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the purchase contract or the terms and conditions require written form.
12.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 The model form for withdrawal from the purchase contract is attached to the Terms and Conditions.
12.5 Seller's contact details:
delivery address: Nanospol, s.r.o, Halasovo nam. 842 / 4a, 619 00 Brno, Czech Republic
e-mail address: email@example.com
Phone: +420 733 713 277
In Brno on 1.12.2019