Terms and conditions
1. INTRODUCTORY PROVISIONS
These General Terms and Conditions (hereinafter referred to as GTC) apply to purchases in the online store www.4dox.com, which is operated by Mr Martin Dušek, CIN: 87426587, VAT ID: CZ7604033690, with registered office at Dolní cesta 302, Letohrad, 561 51, registered in the Trade Register maintained by the Municipal Office in Žamberk on 11/11/2010. This GTC governs the relations between the Buyer and the Seller in the sale of goods, i.e. between Mr Martin Dušek, CIN: 87426587 (hereinafter referred to as "Seller") and his business partners (hereinafter referred to as "Buyer").
All contractual relations are concluded in accordance with the legal order of the Czech Republic. By submitting the order, the Buyer confirms that it has become aware of these terms and conditions, of which the Complaints Procedure forms an integral part and agrees with them. These terms and conditions are brought to the buyer's attention sufficiently before the actual execution of the order and the buyer has the opportunity to get acquainted with them.
2. DEFINITION OF TERMS
2.1. The Seller
The Seller is Mr Martin Dušek, CIN: 87426587, VAT ID: CZ7604033690, with registered office at Dolní cesta 302, Letohrad, 561 51, registered in the Trade Register maintained by the Municipal Office in Žamberk on 11/11/2010
2.2. The Buyer
The buyer is a consumer or an entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a purchase contract with the Seller, is not acting in the course of his trade or other business activity or within the scope of the independent exercise of his profession. When initiating business relations, the Consumer provides the Seller with his contact details, which are necessary for the smooth execution of the order, or the details he wants to be included on the purchase documents.
The Seller's legal relations with the consumer not expressly governed by this GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.
Entrepreneur is:
The Seller's legal relations with the Buyer, who is an entrepreneur, not expressly governed by these GTC or the Contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code as amended, as well as related regulations.
The Seller's contract with the Buyer is superordinate to the Terms and Conditions.
2.3. Consumer contract
Purchase contract, work contract, or other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the supplier (the Seller).
3. PROCESSING OF PERSONAL DATA
All handling of the personal data of Buyers is governed by Act No. 101/2000 Coll., on the protection of personal data, as amended, and other legislation in force in the Czech Republic. The Buyer by his free decision (by pressing the button) indicates that he is aware of all the above-mentioned facts and agrees to further processing of his personal data for the purposes of business activities of the operator of this e-shop. The provision of personal data is voluntary, the Buyer has the right to access the data and is entitled to the protection of rights to the extent provided by the law. This consent may be revoked in written form at any time. Personal data will be fully secured against misuse. The data will be stored and will not be shared with third-party applications.
The Administrator (the Seller) hereby informs the Data Subject (the Buyer) and provides him with explicit guidance on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, i.e., in particular, that the provision of personal data to the controller is voluntary, that the Data Subject has the right to access them, has the right to revoke the above consent at any time in written form at the address of the controller and furthermore has the right, in the event of a violation of his rights, to contact the Office for of Personal Data Protection and request appropriate remedies, which is, for example, the following. The Data Subject is entitled to the following remedies: refraining from such actions by the Administrator, elimination of the resulting situation, the provision of an apology, the correction, completion, blocking or destruction of personal data, the payment of financial compensation, as well as the use of other rights arising from Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal data processed about him by the Seller, he may request it at the e-mail address kamarad@mujmax.cz or at the above-mentioned postal address of the Seller.
4. CONCLUSION OF THE PURCHASE CONTRACT
Properly filled out and sent via the online store www.4dox.com order made by the Buyer is a binding proposal for the conclusion of a purchase contract with the Seller, while the Buyer is bound by his proposal for the conclusion of the purchase contract for a period of 7 days from the date of sending the order.
The Seller shall immediately confirm receipt of the order within the meaning of § 1827(1) of the Civil Code via e-mail to the e-mail address provided by the Buyer in the order, while this confirmation is not an acceptance of the proposal to enter the purchase contract. The purchase contract itself is concluded by the Seller's acceptance of the proposal for the conclusion of the purchase contract, where acceptance is considered to be sending off the goods by the Seller to the Buyer or the Seller's explicit acceptance of the proposal for the conclusion of the purchase contract via e-mail or telephone.
The Buyer (the consumer) has the right to cancel the order, i.e. to withdraw his proposal for the conclusion of the purchase contract, without any penalties until the goods are dispatched. The Buyer (the consumer) is obliged to notify the Seller of this fact via e-mail (expedice@4dox.cz) or by phone (+420 608 181 357).
In case the Buyer wants to cancel the order for goods that have been specially ordered for him after the agreement, there is set a cancellation fee of 100% of the purchase price of the goods.
The purchase contract is concluded in the Czech language. The Purchase Contract is archived after its conclusion only for the time necessary for its processing, during which time it may be made available upon written request of the Buyer (the consumer). Changing the order and correcting errors can be done until the goods are handed over for dispatch.
5. BUYER'S WITHDRAWAL FROM THE CONTRACT ACCORDING TO § 1829 PARAGRAPH 1 OF THE CIVIL CODE
The buyer (the consumer) has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods (in the case of a purchase contract whose subject matter is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods; in the case of a purchase contract whose subject matter is regular repeated delivery of goods, from the date of receipt of the first delivery of goods).
For the purpose of exercising the right to withdraw from the contract, the Buyer (the consumer) must inform the Seller, i.e. Mr Martin Dušek, with the registered office at Dolní cesta 302, 561 51 Letohrad, CIN: 87426587, VAT ID: CZ7604033690, at the above-mentioned address or via e-mail to expedice@4dox.cz in the form of a unilateral legal arrangement (for example, by letter sent via the postal service provider or via e-mail). In order to comply with the deadline for withdrawal from this contract, it is sufficient to send the withdrawal before the expiry of the relevant deadline.
If the Buyer (the consumer) withdraws from the purchase contract, payment received from the consumer, will be refunded without undue delay, no later than 14 days from the date on which the Seller receives the notice of withdrawal from the purchase contract (except for additional costs incurred as a result of the chosen method of delivery, which is different from the cheapest method of standard delivery offered by the Seller). For the refund of payments, the Seller will use the same payment instrument used by the Buyer (the consumer) to make the initial transaction, unless the Buyer (the consumer) has expressly stated otherwise. This will not incur additional costs for the Buyer (consumer). The Seller will only refund the payment after receipt of the returned goods.
The Buyer (the consumer) must without undue delay, at the latest within 14 days from the date of withdrawal from the purchase contract, send back or hand them over to 4dox, Mlýnská 211, 56164 Jablonné nad Orlicí, Czech Republic, whereas the Buyer (the consumer) will bear the direct costs associated with the return of the goods. The deadline is considered to be maintained if the Buyer (the consumer) sends the goods back to the Seller before the expiry of 14 days. The Buyer is only responsible for any diminution in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the disposition and characteristics of the goods, including their functionality.
The buyer (the consumer) cannot withdraw from the contract in accordance with §1837 paragraph 1 of the Civil Code:
a) for the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case, he has no right of withdrawal from the contract.
b) the supply of goods or services, the price of which depends on financial market fluctuations independently of the entrepreneur's will and which may occur during the withdrawal period,
c) the supply of goods which have been customised to the consumer's wishes or his or her person
d) the delivery of perishable goods and goods which have been irretrievably mixed with other goods after the delivery,
e) the repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
f) the delivery of goods in sealed packaging which have been removed from the packaging by the consumer and cannot be returned for hygiene reasons,
It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. It is also not possible to withdraw from the contract for goods whose nature precludes it, especially for hygiene reasons (for example cosmetic products, combs, brushes, etc.). If the returned goods are incomplete, damaged, or visibly worn, the Seller can claim compensation.
5.1. Withdrawal from the contract by a Buyer who is not a consumer
In the case, when the Buyer is not the consumer, it is not possible to withdraw from the contract.
6. TRANSPORT - EUROPA
6.1. Payment and transportation costs
The cost of shipping, which the Buyer has selected in the order, is borne by the Buyer and these costs are governed by the valid terms and conditions of the Seller, which can be found on the website www.4dox.com in the section Shipping.
The Seller's contractual carrier is the shipping company GLS or Czech Post. Transport price is described in the section - shipping..
6.2. Delivery time
The speed of dispatch depends on the availability of the goods and the chosen method of payment by the Buyer.
The Seller has no possibility to influence the delivery time of the shipment to the Buyer. Any complaint should be filed with the shipping company GLS or Czech post.
6.3. Acceptance of the parcel by the Buyer from the carrier
The Buyer is obliged to check the inviolability of the packaging and contents when taking delivery from the delivering carrier. If irregularities are found, the Buyer enters a reservation on the delivery note of the carrier, specifying the condition of the item. There must be taken photographic documentation of the damage to the packaging and contents, including a label with the shipment number. Subsequently, the Buyer provides the Seller with information to resolve the situation, a description of the damage, the amount of damage, the photographs and the damage record taken with the carrier.
By signing the carrier's delivery note (or other similar documents), the Buyer confirms the correctness of the parcel, stating that its contents are intact and delivered in good order. Subsequent complaint about the goods due to damage to the packaging is no longer possible afterwards.
6.4. Non-acceptance of the parcel by the Buyer
The Buyer is obliged to reimburse the Seller the extra costs incurred due to repeated or other than agreed delivery of the consignment or its unjustified non-acceptance.
7. PAYMENT TERMS
7.1. Expedited and conventional bank transfer
Upon receipt of the order (of a proposal for the conclusion of the purchase contract), the Seller sends the Buyer the amount of the purchase price, the account number, and the variable symbol of the payment. The Buyer pays the goods to the Seller's bank account no.: CZ49 2010 0000 0029 0113 6123, held at Fio Banka a.s. before the goods are shipped, otherwise the goods will not be sent or handed over. This method of payment of the purchase price is considered to be an advance payment of the purchase price.
7.2. Payment by credit card
Payment by card via the secure payment gateway Gopay
8. RIGHTS FROM A DEFECTIVE PERFORMANCE
The Buyer's right from defective performance is created by a defect that the goods have when the risk of damage passes to the Buyer, even if it appears later. The Buyer's right will also be established by a defect arising later which the Seller has caused by a breach of its obligation.
If the defective performance is a material breach of contract, the Buyer has the right to:
a) to remedy the defect by delivery of a new item without the defect or delivery of the missing item,
b) to remedy the defect by repairing the item,
c) to a reasonable discount on the purchase price; or
d) to withdraw from the contract.
The Buyer will inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller does not rectify the defects within a reasonable time or if he notifies the Buyer that he will not rectify the defects, the Buyer may require a reasonable discount on the purchase price instead of rectifying the defect, or he may withdraw from the contract.
If the Buyer does not choose its right in time, it has rights as in an insignificant breach of contract.
If the defective performance is an insignificant breach of contract, the Buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
As long as the Buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the Seller may supply what is missing or remedy the legal defect. The Seller may remedy other defects at his option by repairing the item or by supplying a new item; the Seller’s choice must not cause unreasonable costs to the Buyer.
If the Seller does not remove the defect in time or refuses to remove the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.
The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the goods in the same condition as he received them. This does not apply if:
a) if the condition has changed as a result of an inspection to establish the defect of the goods,
b) if the Buyer has used the goods before the defect was discovered,
c) if the Buyer has not caused the impossibility of returning the item in its unaltered condition by act or omission; or
d) if the Buyer had sold the item before the defect was discovered, if he had consumed it, or if he had altered the item during normal use; if this happened only partially, the Buyer would return to the Seller what he can return and will refund the Seller up to the amount in which he benefited from the use of the item.
If the Buyer has not notified of the defect of the item in time, he loses the right to withdraw from the contract.
The rights arising from the defect are exercised with the Seller at the following address for sending the goods: 4dox, Mlýnská 211, 56164 Jablonne nad Orlicí, Czech Republic
9. RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE AND GUARANTEE THE QUALITY IN THE CASE OF A BUYER WHO IS THE CONSUMER
The Seller responds to the Buyer who is the consumer that the goods are free from defects on receipt, in particular, the Seller is liable to the Buyer that at the time the Buyer is taking over the item:
a) the item has the quality agreed by the parties and, in the absence of an agreement of such quality as the Seller or the producer described or the Buyer expected, regarding the nature of the goods and based on the advertising carried out by the Seller or the producer,
b) the item fits for the purpose stated by the Seller for its use or for which an item of that kind is usually used,
c) the item conforms to the quality or to the workmanship of the agreed sample or draft, where the quality or workmanship has been determined according to the agreed sample or draft;
d) the item is in the appropriate quantity, measure, or weight; and
e) the item complies with the requirements of the legislation.
The Buyer is entitled to claim the right arising from the defect within 24 months from receipt of the goods. In the case the goods have a limited lifespan, the right from the defect can only be exercised within the lifespan of the goods, which are quoted on the packaging.
If the item does not have the above-mentioned qualities, the Buyer may also demand delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only request a replacement of the component of the item; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular, if the defect can be removed without undue delay, the Buyer is entitled to have the defect removed free of charge.
The Buyer has the right to deliver a new item or to replace a component even if it is possible to remove the defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the Buyer also has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract or does not claim the right to deliver a new item without defects, to replace its component or to repair the item, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its component, or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer (the consumer) significant difficulties to remedy the defect.
The rights arising from the defect are exercised with the Seller at the following address for sending the goods: 4dox, Mlýnská 211, 56164 Jablonne nad Orlicí, Czech Republic
If the Buyer so requests, the Seller will confirm in written form to the Buyer to what extent and for how long his obligations last in the event of the defective performance. If the nature of the item does not prevent this, the confirmation may be replaced by proof of purchase of the item containing the above information.
If the Buyer exercises the right of the defective performance, the Seller will confirm to him in written form when he exercised the right of the defective performance, as well as the execution of the repair and its duration.
10. QUALITY GUARANTEE IN THE CASE OF THE BUYER WHO IS NOT THE CONSUMER
The Seller does not provide the Buyer, who is not a consumer, with a quality guarantee of the goods, unless it was expressly agreed between the parties. In this case, the Seller's liability for defects is governed by the Civil Code
11. PRICES AND VALIDITY OF THE OFFER
All prices are inclusive of VAT, which is valid at the time the order is dispatched. In the case that the VAT changes before the conclusion of the purchase contract or before the dispatch of the goods, the Buyer is obliged to pay the underpayment, considering the type of payment chosen by the Buyer. On the other hand, the Seller will immediately send the Buyer an e-mail message with a request to inform the Buyer where the overpayment of the purchase price can be paid. The delivery of the goods includes a proper tax document. All prices of the goods, including promotional
12. DISCOUNTS AND DISCOUNT COUPONS
The Seller provides various types of discounts (loyalty, quantity, promotional etc.). Each discount has its rules for use.
If the discount or discount coupon is applied in violation of the rules of the discount or discount coupon, the Seller has the right to refuse such application of the discount or discount coupon. In such a case, the Buyer is informed and offered the option to complete the order without such discount or coupon applied.
The rules and conditions for the application of a specific discount are attached either directly to the discount, or there is a link to the website where the discount rules are described in detail. In case there is confusion in the interpretation of the discount, the interpretation of the Seller's application is applied.
Each discount or coupon may be claimed only once unless it is explicitly stated otherwise. In the case of multiple uses, the Seller has the right to refuse to recognise such a discount.
If the discount is claimed by the Buyer who is not the consumer and is not a purchased gift voucher, the Seller has the right to refuse such application of the discount and discount coupons.
If the value of the gift voucher, or discount coupon, is higher than the value of the entire purchase, the difference is not transferred into a new voucher or discount coupon and the unused sum is not refunded.
14. FINAL ARRANGEMENT
The Buyer's (the consumer's) order is archived after its delivery to the Seller as a proposal for the conclusion of the purchase contract for the purpose of its fulfilment and further evidence. The individual technical steps leading to the conclusion of the contract are obvious to the Buyer from the ordering process itself. The Buyer has the opportunity to detect and correct errors arising from the data entry before the order is placed. The costs of using remote means of communication (telephone, internet, etc.) to complete the order are borne by the Buyer. These terms and conditions allow the Buyer (the consumer) to archive and reproduce them.
The subject of the out-of-court proceedings in the event of a dispute, or the subject for dealing with the Buyer’s complaints, is the Czech Trade Inspection Authority established by Act No. 64/1986 Coll., on the Czech Trade Inspection Authority, which the Buyer can contact via email on the website of the Czech Trade Inspection Authority, www.coi.cz. Supervision of personal data protection is exercised by The Office for Personal Data Protection established by Act No. 101/2000 Coll., on the Personal Data Protection, www.uoou.cz.
In Letohrad, 21/3/2017
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