1. These terms and conditions (hereinafter "Terms and Conditions") of Lukáš Wagner, company address: Pod Císařkou 2454/1, Prague 5, 150 00, Company ID number: 74378945, (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph no. 1 of law no. 89/2012 Coll., Civil Code (hereinafter the "Civil Code") mutual rights and obligations arising in connection with or pursuant to the purchase agreement (hereinafter the "Purchase agreement") concluded between the seller and any other natural person (hereinafter the "Buyer") through the online shop of the seller. Internet shop is operated by the seller on a website located on the Internet at www.escape4x4.eu (hereinafter the "Website"), and via the web-base commerce (hereinafter the "Web-based commerce").
2. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their own separate occupations.
3. Provisions derogating from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms and conditions of trade.
4. Provisions of the terms and conditions are an integral part of the purchase contract. Purchase agreement and the terms and conditions are written in English and Czech language. The purchase agreement may be concluded in the Czech language.
5. The business conditions may be amended or filled by the seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. User account:
1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows it, buyers can also order goods without registration directly from the web-based commerce.
2. When customer register on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account is a buyer during any amendments required to update. The data referred to by the buyer in the user account and ordering goods by the seller are deemed to be correct.
3. Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
4. Buyer shall not allow the use of a user account to third parties.
5. Seller may cancel a user account, especially when the buyers user account is for more than one year not used, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of web site, respectively. necessary maintenance of hardware and software of third parties.
3. Entering into a purchase agreement:
1. Any presentation of the goods placed in the web-based commerce is informative and seller is not obliged to conclude a purchase agreement regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
2. Web-based commerce provides information about goods, prices of individual goods and the cost of returning the goods if the goods by their nature can not normally be returned by post. Prices of goods are inclusive of VAT and all related charges. Prices of goods remains as long as they are displayed on the website. Seller is not limited by this provision to conclude sales contract under individually negotiated conditions.
3. Web-based commerce also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of the goods are listed on the website of trade applies only in cases where the goods are delivered within the territory of the Europian Union.
4. To order goods, the buyer fills an order form in the web-based commerce. Order form contains particular information about:
1. ordering goods (ordered goods "insert" the buyer into an electronic shopping cart of web-based commerce),
2. method of payment of the purchased good, details of the desired method of delivery of ordered goods and,
3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order")
5. Before sending the order to the seller, the buyer is allowed to check and modify data in order put by the buyer, even considering the option buyer to detect and correct errors during data entry into the order. The buyer sends the order by clicking on "Submit Order". The data specified in the order by the seller are deemed correct. Seller immediately upon receipt of an order the buyer confirms receipt of e-mail, at the e-mail address of the buyer specified in the user's account or in the order (hereinafter referred to as "electronic address of the purchaser").
6. Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as e-mail or by telephone).
7. The contractual relationship between seller and buyer arises by delivery of order acceptance, which is sent to the buyer by e-mail on e-mail address of the buyer.
8. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4. Price and payment terms:
1. The price of goods and any costs associated with the delivery of goods under the purchase contract buyer to pay seller the following ways:
1. bank transfer to the seller's account no.: Sparkasse Donauwörth Germany, IBAN: DE92 7225 0160 0020 0211 01 - BIC: BYLADEM1DON (hereinafter the "Seller Account")
2. cashless payment through system PayPal, Skrill
3. cashless card payment
3. The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of art. 4 of business conditions regarding the obligation to pay the purchase price in advance.
5. In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
6. The seller is entitled, especially if the buyer does not provide additional confirmation (art. 3), to require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.
7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
8. If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the seller regarding payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address
5. Withdrawal from the contract:
1. Buyer acknowledges that pursuant to § 1837 of the Civil Code, can not, inter alia, to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or his person, from the purchase contract for the supply of goods subject to rapid deterioration, as well as goods that was after delivery irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed hygienic reasons it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
2. If this is not a case under art. 5 of Terms and Conditions or of any other case where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract, within fourteen (14 ) days of receipt of goods, in which case the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the period mentioned in the previous sentence. For withdrawal from the contract the buyer used a model form provided by the seller, annexed trading conditions. Withdrawal from the contract the buyer may send inter alia, the address of the seller or sellers e-mail address email@example.com.
3. In case of withdrawal from the contract pursuant to art. 5 trading conditions of the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from contract. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their character usual postal route.
4. In case of withdrawal pursuant to art. 5 of selling business conditions return funds received from the purchaser within fourteen (14) days from the withdrawal of the contract, in the same way as the seller from the buyer received. The seller is also entitled to return performance by the buyer at the time of returning the goods the buyer or otherwise, unless the buyer will agree to and do not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns goods to him or prove that the goods the seller sent.
5. Claims for damage caused to the goods, the seller is entitled to unilaterally against the buyer's claim for refund of the purchase price.
6. In cases where a buyer in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract, the seller is also entitled at any time withdraw from the contract, up to the time of receipt of the goods. In this case, the seller returns the purchase price, without undue delay, bank transfer to an account designated by the buyer.
7. If together with the goods provided the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods seller also return provided gift.
6. Transportation and delivery:
1. In the event that the mean of transport is negotiated based on the special request of the buyer, the buyer bears the risk and additional costs associated with this mean of transport.
2. If the seller under the purchase contract must deliver the goods to an address specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
3. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
4. When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding violations package indicative of unauthorized intrusion into consignment buyer may refuse the shipment from the carrier.
1. The rights and obligations of the parties regarding the rights of defective performance is governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., on consumer protection, as amended).
2. Seller shall be liable to the purchaser that the goods on delivery shall have no defects. In particular, the seller is liable to the purchaser that when the buyer took the goods:
1. the goods are qualities that the parties have agreed, and if there is no agreement, it has characteristics that describe the seller or the producer or the buyer expected given the nature of the goods and based on advertising they carry
2. the goods are fit for the purpose which for its use or selling lists to which goods of the same type are normally used
3. goods correspond to the quality or the implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model
4. goods are in quantity, measure or weight and
5. the goods comply with the legal requirements
4. When defect manifests within six months after the takeover, it is assumed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty four months from the receipt.
5. Rights of defective performance puts the buyer with the seller at his place of business in which it is possible taking into account the assortment of goods sold, possibly at the seat or place of business.
6. Other rights and obligations of the parties relating to the liability of the seller for defects can modify the reclamation procedure of seller.
8. Other rights and obligations of the parties:
1. The buyer acquires ownership of the goods by paying the entire purchase price.
2. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph 1 point. e) of the civil code.
3. The out of court settlement of consumer disputes arising from the purchase agreement, the Czech Trade Inspection, headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, internet address: http://www.coi.cz.
4. The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
5. The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph 2 of the civil code.
1. Privacy of purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
2. Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number, bank account or PayPal and Skrill account. (Hereinafter collectively referred to as "personal information").
3. Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
4. Buyer acknowledges that it is obligated to state personal data (for registration, in your user account when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
5. The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
7. The buyer confirms that the personal information are accurate and that he was advised that it is voluntarily provide personal information.
1. ask the seller or processor for explanation
2. require the seller or the processor rectifies the situation
9. If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10. Sending commercial messages and cookies storage:
1. Buyer agrees to receive information related to goods, services or company of the seller to the buyer's email address and agree to receive commercial communications by the seller to the buyer's email address.
2. Buyer agrees with saving the so-called Cookies on his computer. In the event that a purchase on the website can be made, and commitments agreed sales contracts to fulfill, without storage the so-called Cookies on the computer of the buyer, the buyer may consent under the previous sentence at any time.
1. Buyer may receive to the buyer's email address.
12. Final provisions:
1. If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the other provisions.
3. The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
4. Attachment business conditions constitute a model form for withdrawal from the contract.
5. Contact details of seller: postal address Lukáš Wagner, Pod Císařkou 1, 150 00 Prague 5 - Smíchov, e-mail address firstname.lastname@example.org, phone number +420 608 916 852
1. The company guarantees that the goods supplied to the purchaser at the time of transfer of risk without factual and legal defects, unless these Terms or the relevant purchase agreement provides otherwise. In the event that the matter on receipt of the Customer who is a consumer is not in conformity with the contract (conflict with the contract), a customer who is a consumer right that the contractor free of charge and without undue delay, said the thing in accordance with the purchase agreement, and as requested by the Purchaser either exchanging or repairing it; unless this is possible, the Contractor may request a reasonable discount from the price of the goods or cancel the contract. Conflict with the contract, which will take effect within six months of receipt of the goods shall be deemed to have already existed before its takeover, if not in the nature of the goods or unless proven otherwise. The purchaser is obliged to take over the goods properly checked. If the goods delivered upon receipt by the Buyer has obvious defects, the Customer is obliged to criticize these defects promptly Company.
2. The company provides the delivered goods warranty of 2 years from the moment the formation of risk of damage to the Buyer, and with the exception of certain goods for which it is given a different warranty period. If a purchaser buys goods for the purpose of resale, pays for the delivery of goods Commercial Code provisions on liability for defects when buying goods. Rights from liability for defects must be applied to the Company within the period specified by these Terms of the purchase contract or other relevant legislation. In the case of removable defects of goods, the Customer is entitled to require: (i) removal of defects or (ii) replacement of defective goods for goods without defects (but only in case of significant defects). If this procedure is not possible, the Customer is entitled to request a reasonable discount on the purchase price or has the right to purchase agreement regarding the goods to resign. In case of irreparable defects in goods, the Customer is entitled to require: (i) replacement of defective goods for goods without defects (only in case of defects essential) or (ii) a reasonable discount on the purchase price or (iii) is entitled to the purchase agreement regarding the goods to resign ( only in the event of substantial defects). The Company is authorized by the Customer selected the remedy defects refuse (only with regard to the removal of defects or replacement goods), and when the Customer selected the remedy is in this case possible or is possible only with substantial costs to the Company or with substantial time delays (ie only with regard to the removal of defects or replacement of goods). For the avoidance of doubt, the Company declares that the right of the Customer to exchange defective goods or to withdraw from the contract is not given in the case of minor defects that do not affect the functionality of the goods.
3. Regarding possible claims for damages caused by defective product, the relevant legislation.
4. Customer is expressly aware of the fact that the Company does not assume any liability and warranty rights are excluded if (i) defects, which are caused by improper use or excessive loading of the goods by the user and in the case of (ii) consumables, goods for which it is assumed regular exchanges (eg., depending on the extent of use of the goods) and goods whose manufacturer's quoted lifetime is limited and the time of the alleged defects in the life of the product has expired.
5. If the Company delivers to the Customer goods including warranties provided by the manufacturer of the product, the conclusion of the purchase agreement are assigned any claims of the Company against the manufacturer of the goods arising from the provided warranty for quality goods, unless the guarantees provided and the contract between the producer of goods and Gas Company, that the guarantee is available to any authorized user and final goods (ie. the assignment of warranties to the end user is not required). The Company is obliged to inform the Buyer all relevant information about the manufacturer, which is available and which are necessary for the proper implementation of possible warranty claims by the Buyer.
1. We give you a warranty of 24 months. That rule does not apply to products for which it is given a different warranty period.
2. In the case of removable defects of goods you may require:
1. defect removal
2. replacement of a defective product as a product free from defects
3. if it is not possible product defects remove or replace, you may request a reasonable discount from the price of the product.
1. replacement of a defective product for a product free from defects
2. a reasonable discount on the purchase price
3. ask for a refund
5. In case of problems with products purchased with us, please contact our staff at tel.: +420 608916852 (working days 12-18 hrs.) or by email at: email@example.com, where we provide all the necessary information.
6. What if the goods purchased for you is not right and want to return it within the statutory 14 day period? In case you are a consumer, you have according to § 53 par. 7 of the civil code, the right to return purchased goods without giving any reason, within 14 calendar days from the date of receipt of goods. Entitlement you even if you do order over the Internet with personal collection at our branch. More info search in the business conditions. If you're not a consumer, the goods you buy in a commercial or business activity (which is decided IR putting on the purchase receipt) right of withdrawal will not arise, since the Commercial Code does not mention this possibility.
7. For each claim, use the claim form, fill and with a copy of the invoice and defective goods sent to the postal address: Claim Form can be downloaded here
In Prague, 1.2. 2016