with its registered office at Kopečku 628, 691 63 Velké Němčice
Identification number: 277 47 026
registered in the Commercial Register kept by the Regional Court in Brno under file number C 56299
for the sale of goods via on-line shop online at www.proqin.cz.
1.1 These terms and conditions ("Terms and Conditions") of PROQIN sro, with its registered office at Kopečku 628, 691 63 Great Němčice identification number: 277 47 026, registered in the Commercial Register kept by the Regional Court in Brno under File No. C 56299 (hereinafter referred to as "seller") govern in accordance with the provisions of § 1751 paragraph. 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the parties arising in connection with or pursuant to the purchase agreement ("Purchase agreement") concluded between the seller and another natural person (hereinafter referred to as "buyer") through the online store seller. Online store is operated by the seller on the website placed on the website www.proqin.cz (the "Website"), and via the website (hereinafter referred to as "Web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is a legal entity or person who is ordering goods in the course of business or in its separate occupation.
1.3 Provisions derogating from commercial terms can be agreed upon in the sales contract. Different arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The Purchase Agreement and the terms and conditions are written in the Czech language. The purchase contract can be concluded in Czech, Slovak and English.
1.5 The Business Conditions seller may modify or supplement. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2 USER ACCOUNT
1.2 Upon registration of the buyer on the website, buyers can access their user interface. From its user interface buyer can order goods (hereinafter referred to as "User Account"). In the event that the web interface allows you to trade, buyers can also order goods without authorization directly from the web interface business.
2.2 When you 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 buyer when any change required to update. The data referred to buyer's user account and ordering goods sellers are believed to be correct.
3.2 Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access the user account.
4.2 The Buyer is not entitled to allow the use of a user account to third parties.
2.5 Seller may cancel your account, especially if the buyer a user account for more than one year is not used, or if the buyer breaches its obligations under the purchase agreement (including terms and conditions).
6.2 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
3rd concluded Purchase Contract
1.3 All product presentation in the web interface of trade is informative nature and the seller is not obliged to enter into a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code shall apply.
2.3 The Web interface contains information about the trade of goods, including the prices of individual goods. Product prices are inclusive of VAT and all related charges. The prices of goods remain in force as long as they are displayed in the web interface business. This provision does not restrict the seller to conclude a contract for purchase individually negotiated terms.
3.3 The web interface also contains trade information about the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer order form in the web interface business. The order form shall include information on:
3.4.1. ordered goods (goods ordered "insert" the buyer to an electronic shopping cart business web interface)
3.4.2. method of payment of the purchase price, details of the desired method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "the Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and modify the data inserted in the order, the buyer, and with respect to the option buyer to detect and correct errors during data entry to order. The order sends the buyer the seller by clicking on the "Order". The data specified in the order are the seller accepted as correct. Seller immediately upon receipt of the order to the buyer confirms receipt of this e-mail, and electronic mail address of the buyer specified in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
6.3 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 writing or by telephone).
3.7 The contractual relationship between the seller and the buyer arises delivery order acceptance (acceptance), which is sent to the buyer by e-mail, and electronic mail address of the buyer.
8.3 Buyer agrees to use of means of distance communication in the conclusion of the purchase contract. The costs incurred by the buyer using the means of distance communication in connection with the conclusion of the purchase agreement (the cost of internet access, telephone costs) paid by the buyer himself, these costs do not differ from the standard rate.
4th PRICE AND PAYMENT CONDITIONS
1.4 Price of the goods and any costs associated with the delivery of goods under sales contract the buyer can pay the seller the following ways:
in cash by the seller at PROQIN sro, Na Kopečku 628, 691 63 Great Němčice;
Cash on delivery at the location specified by the purchaser in order;
bank transfer to the account of the seller no. 254772481/0300, led the company CSOB Bank, as, Czech Republic (hereinafter referred to as "Seller Account");
cashless payment system through GoPay;
cashless payment card.
2.4 Along with the purchase price the buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of goods.
4.3 Seller does not require the buyer to pay a deposit or other similar payments. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price of the goods in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price due upon receipt of goods. In the case of cashless payment of the purchase price is due within 7 days of the purchase contract.
5.4 In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with the variable symbol payments. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the account of the seller.
6.4 Seller is entitled, especially if the Buyer does not provide an additional confirmation of the order (article. 3.6), 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 apply.
4.7 Any discount from the price of goods by the seller to the buyer can not be combined.
8.4 If it is at arm's length, or if so determined by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. Seller is payer of value added tax. The tax document - invoice issued by the Seller to the Buyer after payment of the price of goods and send it electronically to the email address of the buyer.
Fifth withdrawal from the contract
5.1 Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things, can not withdraw from the contract for the supply of goods which have been adapted to the wishes of the buyer or his person, the purchase agreement for the supply of goods which are subject to rapid deterioration, as well as goods that was after delivery irreversibly mixed with other goods, the purchase agreement for the supply of sealed goods which the consumer has removed from its packaging and hygiene reasons it is not possible to return from a purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
2.5 If this is not the case under Art. 5.1 or about other cases where you can not withdraw from the contract, the buyer in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code the right to withdraw from the contract, within fourteen (14) days from receipt of the goods, in which case the contract of sale are several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract must be sent to the Seller within the period specified in the preceding sentence. Withdrawal from the contract, the buyer may send inter alia, the address of the seller or the seller's e-mail address firstname.lastname@example.org.
3.5 In case of withdrawal from the contract pursuant to Art. 5.2 conditions of the purchase contract from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal seller. 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 because of their nature ordinary postal route.
5.4 In case of withdrawal from the contract pursuant to Art. 5.2 Conditions seller returns the funds received from the buyer within fourteen (14) days of withdrawal from the contract by the buyer in the same way the seller received by the buyer. Seller is also entitled to return performance by the buyer has been the return of goods by 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 sent entrepreneur.
5.5 Claims for damage caused to the goods, the seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
5.6 Pending receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller will return the purchase price to the buyer without any delay bank transfer to an account designated by the buyer.
7.5 When given together with the goods to the purchaser gift is a gift agreement between the seller and the buyer concluded with a condition subsequent that if there is to withdraw from the contract buyer loses donation agreement regarding the effectiveness of such a gift and the buyer is required along with the goods back to the seller and provided gift.
6th TRANSPORT AND DELIVERY
6.1 In case the mode of transport is negotiated on the basis of a specific requirement of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
6.2 If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
6.3 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.6 When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In case of violation reunion package indicative of intrusion into the consignment buyer need not take the shipment from the shipper.
6.5 Other rights and obligations of the parties in the transport of goods can customize special delivery conditions of the seller, if the seller issued.
7th RIGHTS OF defective performance
7.1 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Civil Code).
7.2 The seller is liable to the buyer that the goods on delivery no defects. In particular, the seller is liable to the buyer, at the time when the buyer of goods received by:
7.2.1. characteristics of the goods, which the parties have agreed, and the absence of agreement, has characteristics which the seller or manufacturer described or buyer expected given the nature of the goods concerned and the advertising they carry,
7.2.2. the goods are fit for the purpose for which its use or seller lists for which goods of the same type are normally used
7.2.3. corresponds to the quality of goods or performing the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or template,
7.2.4. goods in quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
7.3 The provisions referred to in Art. 7.2 business conditions do not apply to goods sold at a lower price at fault, for which a lower price arrangements for goods damaged due to its common use, in used goods for defects caused by use or wear of the goods had to take over the buyer, or where it is clear that the nature of the goods.
4.7 In case there is a defect within six months of receipt, it shall be deemed that the goods were already defective upon delivery.
7.5 Rights of defective performance by the seller claims the buyer at his premises in which it is possible taking into account the assortment of goods sold. For the moment the claim is considered to be the moment when the seller receives from the buyer the goods claimed.
6.7 Other rights and obligations of the parties related to the Seller's liability for defects can modify the Complaints Procedure seller.
8th OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The buyer acquires ownership of the goods by paying the entire purchase price.
2.8 Seller is not related to the purchaser bound by any codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
8.3 Court complaint provides consumers seller through e-mail addresses email@example.com. Information about the disposition of the complaint sent by the Seller to the Buyer buyer's email address.
8.4 The seller is entitled to sell the goods to the merchant. Trade inspection carried out under its authority the Trade Licensing Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performed in a defined scope, inter alia, the supervision of the observance of the Law no. 634/1992 Sb., Consumer Protection, as amended.
5.8 The Buyer takes on himself the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
1.9 Privacy purchaser who is a natural person, is provided by law no. 101/2000 Sb., Protection of Personal Data, as amended.
2.9 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, electronic mail address and telephone number (hereinafter collectively referred to as "personal information").
3.9 Buyer agrees to the processing of personal data by the seller, for the purpose of implementation of rights and obligations under the contract and for the purposes of maintaining a user account. If the buyer does not choose another option, agrees to the processing of personal data by the seller also for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety under this Article is not required, that alone would make it impossible conclusion of the purchase contract.
4.9 Buyer acknowledges that it is obligated to your personal data (for registration, in your user account, when ordering from the web interface of Commerce) correctly and truthfully and without undue delay inform the seller about change in their personal data.
9.5 Processing of personal data by the buyer the seller may appoint a third party as a processor. In addition to the persons transporting the goods will not be personal data vendor without the prior consent of the buyer passed on to third parties.
9.6 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.
9.7 Buyer acknowledges that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
8.9 In the event that the buyer thought the seller or processor (Art. 9.5) the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law, especially if the personal data are inaccurate with regard the purpose of their processing, may:
9.8.1. ask the seller or processor for explanation
9.8.2. require the seller or processor to correct the condition.
9.9 If the buyer for information about the processing of their personal data, the seller must deliver this information. Seller has the right to provide information in accordance with the preceding sentence may request a reasonable compensation not exceeding the cost of providing the necessary information.
10th SHIPPING BUSINESS COMMUNICATION FROM A STORAGE COOKIES
1.10 Buyer agrees to receive information related to goods, services or company seller to the buyer's email address and agree to receive commercial information from the seller to the buyer's email address.
2.10 Buyer agrees to saving so. Cookies on his computer. In the event that the purchase on the website can be made and obligations of the seller under the purchase agreement to perform, without causing the so-called storage. Cookies on your computer buyer, the buyer may consent under the preceding sentence at any time.
11.1. Buyer may be delivered to the email address specified in his user account or specified by the purchaser in the order.
12th FINAL PROVISIONS
1.12 If the relationship of the purchase contract includes international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
2.12 If any provision of the Terms and Conditions is invalid or unenforceable, and such happens, the invalid provision a provision whose meaning is invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase contract or terms and conditions require written form.
12.3. The purchase contract including terms and conditions is archived in electronic form by the seller and is not accessible.
4.12 Contact details of seller:
mailing address: PROQIN sro, Na Kopečku 628, 691 63 Velké Němčice
E-mail address: firstname.lastname@example.org
Phone: +420 606 685 594.
The Great Nemcice on 1.3.2014
Martin Prokes, Kamil Prokes
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