TERMS AND CONDITIONS
In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code"), these Terms and Conditions regulate mutual rights and obligations between
LIFT OFF EUROPE sro, Company ID: 03436497, registered office: Praha 3, Zelenky-Hajského 1826/1, postal code: 130 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 231227, www: www.carrynaut.com email@example.com
(hereinafter referred to as the "Seller")
and the Customer (hereinafter referred to as the "Buyer")
incurred in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer, whose subject matter is the Seller's goods (hereinafter referred to as "the Goods") (hereinafter referred to as the "Contract") through its on-line shop located at www.carrynaut.com ( hereinafter referred to as the "Trade")
(hereinafter referred to as the "Terms and Conditions").
1. These Business Terms and Conditions form an integral part of the Contract. The Contract and the Terms and Conditions are written in Czech and English. The contract can be concluded in Czech or English language. Wherever the rights and obligations arising from the Contract are referred to, they shall mean the rights and obligations arising from the Contract, including these Terms and Conditions.
2. By concluding the Contract, the Buyer declares that it has read, understood and agrees with the current wording of these Terms and Conditions at each individual conclusion of the Contract.
3. These Terms and Conditions supersede all other oral and written representations and agreements between the Seller and the Buyer regarding the Contract, except for the Contract itself, whose arrangements take precedence over these Terms and Conditions.
4. The Seller may unilaterally change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
5. The Contract shall be imposed by the Seller for its successful fulfillment after its conclusion, but the Seller does not undertake to allow the Buyer repeated access to the concluded Contract.
6. The current wording of these Terms and Conditions is freely accessible on the Seller's website and thus everyone can display and archive them.
7. The buyer may be a consumer or an entrepreneur.
a. Consumer is, pursuant to Section 419 of the Civil Code, any natural person who concludes a Contract with the Seller or otherwise acts outside the scope of his / her business activity or outside his / her independent profession.
b. Under Section 420 of the Civil Code, an entrepreneur is one who independently carries out a gainful activity in a trade or similar manner on his own account and responsibility with the intention to do so consistently for the purpose of making a profit. An entrepreneur is also considered to be any person who concludes contracts related to his / her own business, production or similar activities or in the independent exercise of his / her profession, or a person acting on behalf of or on behalf of the entrepreneur.
II. CONCLUSION, PAYMENT CONDITIONS AND DELIVERY OF GOODS
1. All presentations of the Goods placed on the Site of the Store are of an informative character and the Seller is not obliged to conclude a Contract regarding these Goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
2. The Site of the Shop contains information about the Goods and its properties, its prices, the cost of returning the Goods, if such Goods cannot by their nature be returned by the usual postal route and the costs associated with the delivery and packaging of the Goods upon delivery within the Czech Republic . If the Goods are to be delivered outside the territory of the Czech Republic, information on the costs of such delivery is given separately or individually contractually agreed. Prices include VAT and all related fees. Prices remain in effect as long as they are displayed on the Store pages. This provision does not limit the Seller's ability to conclude the Contract under individually negotiated conditions. Any discounts on the price of the Goods provided by the Seller to the Buyer cannot be combined.
3. The Buyer agrees to use the means of distance communication when concluding the Contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Buyer himself, which do not differ from the standard rate.
4. The Buyer shall order the Goods without the need to log in to the user account. After selecting the Goods, their quantity, the method of payment and the method of delivery (including the costs of such delivery), the Buyer has the possibility to check the data stated in the order and to change it if necessary. The Buyer sends the order to the Seller by clicking on the "ORDER" button. The Seller will confirm to the Buyer the acceptance of the order by electronic mail. The contract is concluded at the moment of delivery of this order confirmation.
5. The Seller is entitled, depending on the nature of the order, to ask the Buyer for additional telephone or written confirmation of the order.
6. The Seller may require the Buyer to advance or similar payment. The Buyer is notified of this fact before concluding the Contract in the description of the Goods or during the placing of the order.
7. When placing an order, the buyer may choose from the following methods of payment of the purchase price of the Goods and other costs:
a. payment card via GoPay service, b. bank transfer, e. in cash - only for personal collection at a collection point in the Czech Republic
Together with the payment of the purchase price, the Buyer is also obliged to pay the costs of packaging and delivery of the Goods in accordance with the Contract. In the case of delivery of Goods outside the Czech Republic, the choice of payment methods may be limited.
8. In the case of cash payment, the purchase price is payable upon receipt of the Goods. In the case of payment by bank transfer, the purchase price is due within 5 days from the date of conclusion of the Contract. In other cases, the purchase price is payable when placing the order. In the case of cashless payment, the Buyer's obligation is fulfilled at the moment the payment of the purchase price is credited to the Seller's account.
9. The Seller is entitled to demand payment of the entire purchase price and other costs before sending the Goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
10. Upon payment of the purchase price and other costs, the Seller shall issue to the Buyer a tax document, which shall be sent to the Buyer by electronic mail.
11. If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Buyer, the Buyer is obliged to take over the Goods upon its delivery. If, for reasons on the part of the Buyer, the Goods are delivered repeatedly or in a manner other than the contractual manner, the Buyer is obliged to pay the costs associated with such repeated or other means of delivery.
12. In the event that the mode of transport is agreed upon a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
13. Upon receipt of the Goods, the Buyer is obliged to check the integrity of the packaging and in case of any defects notify the carrier immediately. In the event of a violation of the packaging that indicates unauthorized intrusion into the shipment, the Buyer need not accept the shipment from the carrier.
14. None of the delivery dates of the Goods agreed between the Buyer and the Seller may be taken as a fixed term within the meaning of Section 1980 of the Civil Code, unless the term is expressly identified as such and agreed with the Seller.
III. WITHDRAWAL FROM THE CONTRACT
1. This Article III. Withdrawal from the Terms and Conditions shall apply only in cases where the Buyer is a consumer within the meaning of Article I. par. a. of these Terms and Conditions. If the Buyer is a consumer:
I. It may withdraw from the Contract within 14 days of receipt of the Goods or of the last part of the delivery, regardless of the method of receipt of the Goods or payment. The withdrawal to the Contract must be sent to the Seller within this period to the address of the Seller's registered office or by e-mail to the address firstname.lastname@example.org.
II. He is entitled to withdraw from the Contract at any time before the delivery of the Goods.
III. The Buyer need not state the reason for withdrawing from the Contract. To facilitate communication, it is advisable to indicate in the withdrawal the date of purchase or the number of the Contract, order or tax document, bank connection and the chosen method of returning the goods. The Buyer may withdraw from the Contract by means of the standard withdrawal form attached to these Terms and Conditions. The Seller shall confirm its delivery to the Buyer in text form.
IV. After withdrawal, the Buyer is obliged to send the Goods received to the Seller without undue delay, no later than 14 days after withdrawal. The Buyer shall be liable to the Seller for any diminution in value of the Goods resulting from the handling of the Goods in a manner other than that necessary to be disposed of with regard to its nature and properties. The goods should be returned to the Seller (not cash on delivery) complete, preferably in the original packaging.
V. The Seller is obliged to return to the Buyer the amount fully corresponding to the purchase price of the goods and the paid costs for its delivery within 14 days from the withdrawal from the Contract, in the same way as the payment was received from the Buyer or otherwise, if the Buyer incurs additional costs. If the Seller offers several options within a certain method of delivery of the Goods, he is obliged to replace the cheapest one with the Buyer. The Seller shall be entitled to wait for the refund of funds until the Buyer returns the Goods to him or proves that he has sent it.
VI. The cost of returning the Goods shall be borne by the Buyer, even if the Goods cannot be returned by normal mail.
VII. If the returned Goods are damaged by a breach of the Buyer's obligations, the Seller shall be entitled to claim a refund against the Buyer for the reduction of the value of the goods and set it off against the refunded amount.
VIII. The Buyer acknowledges that the right of withdrawal from the Contract is, in accordance with § 1837 (a). d) of the Civil Code does not apply, inter alia, to the delivery of Goods modified according to the Buyer's wishes.
IX In cases where the Buyer has the right to withdraw from the Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Contract at any time until the Buyer receives the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account designated by the Buyer.
X. If a gift is provided to the Buyer together with the Goods, the gift contract between the Buyer and the Seller 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.
2. If the Buyer is not a consumer, the Buyer may withdraw from the Contract under the conditions agreed in writing between the Buyer and the Seller, or if so provided by law.
IV. RIGHTS OF DEFECTIVE PERFORMANCE
1. The rights and obligations of the contractual parties under the Contract regarding the Seller's liability for defects shall be governed by the relevant generally binding regulations.
2. If the Goods received have deficiencies (for example, it does not have agreed or justifiably expected properties, does not fit the usual or agreed purpose, is incomplete, does not correspond to its quantity, measure, weight, or quality does not correspond to other legal, contractual or pre-contractual parameters) defects of Goods for which the Seller is responsible.
3. The seller is not liable for defects caused by normal wear and tear or failure to observe the instructions for use. The Seller is not responsible for defects for which a lower price of the Goods has been agreed. The Seller shall not be liable for defects that the Goods had at the time of conclusion of the Contract and if this is due to the nature of the Goods. In the case of used Goods, the Seller is not liable for defects corresponding to the level of wear or use that the Goods already had at the time of acceptance by the Buyer. The Seller is not liable for defects caused by the Buyer.
4. The Buyer is entitled to exercise the right from the defect that occurs in the Goods within 24 months of receipt, unless otherwise stated in the product description. If the Buyer so requests, the Seller shall confirm to him in writing, to what extent and for what period his obligations in the event of faulty performance.
5. If a defect occurs within six months of receipt of the Goods, the Goods shall be deemed to have been defective at the time of receipt.
6. If the Goods do not have the required characteristics, the Buyer may request the delivery of a new part (if the defect concerns only that part) or a new Goods without defects. If this is not possible, the Buyer may withdraw from the Contract. If the Buyer does not exercise these rights or if the Seller cannot supply a new part (if the defect concerns only this part) or new Goods without defects, the Buyer may request a reasonable discount. However, if this is disproportionate due to the nature of the defect, the Buyer has the right to remove the defect free of charge.
7. If the removable defect occurred repeatedly after the repair (third complaint for the same defect or the fourth for different defects) or if the goods have a large number of defects (at least three defects at the same time), the Buyer may exercise the right to discount from the Treaty.
8. The Buyer may file a complaint with the Seller at the address of its premises in Černomořská 455/3, Praha 10, 101 00. The Seller shall confirm to the Buyer in writing when he exercised his right as well as the repair and its duration.
9. In the event that the Buyer does not collect the goods after the claim settlement or does not request its sending within thirty (30) days from the date when the Seller was notified of the claim settlement, the Seller is entitled to charge the Buyer a storage fee of CZK 50 (in words: fifty Czech crowns) daily, but up to the price of goods.
V. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL INFORMATION
1. The protection of the personal data of the Buyer who is a natural person is ensured in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended.
2. The Buyer agrees to the processing of the following personal data: name, surname, address, registered office, identification number, tax identification number, e-mail address, telephone number, bank account. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing rights and obligations under the Contract and for sending information and commercial communications. The Buyer agrees to receive information related to the Seller's services to the Buyer's email address stated in the order or upon registration in the Store and further agrees to receive the Seller's commercial communications to this address.
3. Personal data shall be processed for an indefinite period of time, either electronically or in a non-automated form. The Seller, as administrator, may entrust the processing of personal data to a third party as a processor. Except for persons transporting the Goods to the Buyer, the Buyer's personal data will not be provided to third parties without the Buyer's consent.
4. The Buyer is obliged to provide his / her personal data correctly and truthfully and is obliged to inform the Seller of any possible change without undue delay. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information. The Buyer further declares that he has been advised that he may withdraw his consent to the processing of personal data in relation to the Seller by a written notice delivered to the Seller's address.
5. Should the Buyer believe that the Seller or the processor is processing his personal data in violation of the Buyer's private and personal life or in violation of the law, he may ask the Seller for an explanation and request that the defective condition be remedied.
6. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to demand reasonable compensation for the provided information pursuant to the previous sentence not exceeding the costs necessary for providing the information.
7. The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations under the Contract without depositing so-called cookies on the Buyer's computer, the Buyer may at any time withdraw the consent under the preceding sentence.
VI. FINAL PROVISIONS
1. The buyer assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
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. The Buyer may address its complaints directly to the Seller or to the relevant supervisory or state supervisory authority.
3. Czech general courts shall have jurisdiction to hear disputes between the Buyer and the Seller.
4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, the Internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes under the Purchase Agreement.
5. If the relationship relating to the use of the Trade or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the laws of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
6. If any provision of the Terms and Conditions becomes or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall be replaced by such invalid provisions. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
7. Unless agreed otherwise, all correspondence relating to the Contract shall be delivered to the other contracting party in writing, by electronic mail, or in person or by registered mail, by postal service provider. It is delivered to the Buyer at the e-mail address stated in the order or at registration.
8. These Terms and Conditions come into effect on 16 February 2016