TERMS AND CONDITIONS
JABLONEX s. r. o.
with registered office: Průmyslová 907, 468 22 Železný Brod
identification number: 05340519
registered at the Commercial Register of the Regional Court in Ústí n. L., Section C, Insert 37977
for the sale of goods via the on-line shop located at the internet address shop.jablonex.com
- GENERAL PROVISIONS
1.1. The following Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of the company JABLONEX s. r. o., with its registered office in Průmyslová 907, 468 22 Železný Brod, the Czech Republic, identification number: 05340519, registered at the Commercial Register of the Regional Court in Ústí n. L., Section C, Insert 37977 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and duties of the contracting parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at the internet address www.jablonex.com/shop (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2. The Terms and Conditions do not apply to cases in which the person intending to purchase goods from the Seller is a legal person or a person ordering goods within the scope of his/her business activity or within the scope of his/her independent professional activity.
1.3. Provisions that differ from the Terms and Conditions may be agreed in the Purchase Agreement. Any provisions differing from the provisions of the contract of sale shall prevail over those of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an inseparable part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are issued in English and Czech. The Purchase Contract can be concluded in English and Czech.
1.5. The Seller may amend or additionally revise the content of the Terms and Conditions. This provision does not affect the rights and duties arising at the time of the effectiveness of the previous version of the Terms and Conditions.
- USER ACCOUNT
2.1. Upon the registration of the Buyer on the Website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "User Account"). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2 While registering on the Website and ordering goods, the Buyer is obliged to provide all the data correctly and truthfully. The Buyer is obliged to update the data provided in their User Account in the event of any change. The information provided by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the User Account is secured by a user name and a password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their User Account.
2.4 The Buyer is not entitled to allow third parties to use their User Account.
2.5. The Seller may deactivate the User Account, in particular if the Buyer does not use their User Account for a period of more than 1 year or if the Buyer breaches their duties under the Purchase Contract (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1. 3.1 All the presentation of the goods placed on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods. Section 1732(2) of the Civil Code shall not be applicable.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are shown both without and including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not hinder the Seller's right to conclude a Purchase Contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs connected with the packaging and delivery of the goods. The store's web interface also includes information on the costs associated with packaging and shipping the goods to the respective country. Goods can only be delivered to the countries listed on the web interface.
3.4. To order the goods, the Buyer fills in the order form on the web interface of the shop. The order form contains in particular information about:
3.4.1. The goods ordered (the Buyer "inserts" the ordered goods 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 desired method of delivery of the ordered goods and
3.4.3. Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
In the event the price is quoted in such a way that it is evident that an error in typing and numbers has occurred, the price shall not be binding and the Purchase Contract shall not be concluded.
3.5. Prior to sending the order to the Seller, the Buyer is enabled to check and modify the data entered by the Buyer in the order, also with respect to the Buyer's ability to detect and correct errors arising from entering data into the order. The Buyer sends the order to the Seller by clicking on the "FINISH ORDER" button. The data provided in the order is deemed correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the User Account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in written or by phone).
3.7. The contractual relationship between the Seller and the Buyer is concluded by the delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs the Buyer has to bear for using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be covered by the Buyer himself, and these costs shall not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT CONDITIONS
4.1 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods pursuant to the Purchase Contract to the Seller in the following ways:
4.1.1 Non-cash by means of the payment system Paypal;
4.1.2 Non-cash by credit card via an online payment terminal;
4.2 Jointly with the purchase price, the Buyer is also obliged to pay the costs associated with the packaging and delivery of the goods to the Seller in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include the costs relating to the delivery of the goods.
4.3 The Seller requires the Buyer to pay the full amount of the purchase price before the goods are dispatched to the Buyer.
4.4 Any applicable discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.5. If it is generally accepted in the business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of the payments made based on the Purchase Contract. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer upon settlement of the price of the goods and send it in an electronic form to the Buyer's electronic address.
4.6. Minimum purchase order amount (without shipping cost to customer) is set on amount EUR 15 including VAT.
- WITHDRAWING FROM THE PURCHASE CONTRACT
5.1. The Buyer hereby understands that according to the provisions of § 1837 of the Civil Code, it is impossible to withdraw from among others a Purchase Contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's own person, a Purchase Contract for the supply of perishable goods, the goods which has been irretrievably mixed with other goods after its delivery, from a Purchase Contract for the supply of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, or from any other case in which the Purchase Contract cannot be withdrawn. The buyer has the right to withdraw from the purchase contract within fourteen (14) days of acceptance of the goods, in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall commence from the date of acceptance of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the preceding sentence. For withdrawal from the Purchase Contract, the Buyer may use the specimen form provided by the Seller as an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address.
5.2. In the event of withdrawal from the Purchase Contract, unless it is a case specified in Article 5.1 of the Terms and Conditions, the Purchase Contract shall be terminated from the very beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days following the receipt of the withdrawal from the Purchase Contract by the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear all the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the standard postal route.
5.3 If the buyer withdraws from the Purchase Contract, the Seller is not obliged to refund the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5.4 The Seller shall be entitled to offset unilaterally the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.5 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer accepts the goods. In this case, the Seller shall refund the purchase price to the Buyer without unnecessary delay, non-cash to the account specified by the Buyer.
5.6. If a gift is provided to the Buyer along with the goods, a Contract of Gift between the Seller and the Buyer is concluded with a condition precedent that if the Buyer withdraws from the contract of purchase, the Contract of Gift shall cease to be effective in respect of such gift and the Buyer shall be obliged to return the gift to the Seller along with the goods.
- TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs in respect of such method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to collect the goods on delivery.
6.3. In the event that due to reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs of such repeat delivery of the goods, or the costs associated with a different method of delivery.
6.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging and in the event of any defects, notify the carrier immediately. In the event of any damage to the packaging that may indicate unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5 Other rights and duties of the parties at the transport of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and duties of the contracting parties in respect of rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon delivery. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
7.2.1. The goods have those features agreed between the parties and, in the absence of such agreement, have those features described by the Seller or the manufacturer or expected by the Buyer with respect to the nature of the goods and on the basis of the advertising performed by them,
7.2.2. The goods are suitable for the purpose for which they are stated by the Seller or for which the goods of that kind are usually used,
7.2.3. The goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. The goods are in the appropriate quantity, measure or weight; and
7.2.5. The goods comply with the requirements of the legislation.
7.3. The Buyer shall exercise the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible in respect of the range of goods sold, or at the registered office or place of business.
7.4 Other rights and duties of the parties related to the Seller's liability for defects may be regulated by the Seller's Regulations for receiving and acting on Complaints
- OTHER RIGHTS AND DUTIES OF THE PARTIES
8.1 The Buyer shall acquire ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller shall not be bound by any Codes of Conduct in relation to the Buyer within the scope of § 1826 paragraph 1 letter e) of the Civil Code.
8.3 Consumers' complaints are handled by the Seller via the electronic address email@example.com. The Seller shall send the information on handling the Buyer's complaint to the Buyer's electronic address.
8.4 The Czech Trade Inspection Authority, with its registered office in Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is authorized to settle consumer disputes arising from the Purchase Contract out-of-court. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
8.5. The European Consumer Centre Czech Republic, with registered office in Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6. The Seller is entitled to sell goods on the basis of a business license. The competent Trade Authority shall carry out trade control within its competence. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, the compliance with Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8.7. The Buyer hereby accepts the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- DATA PROTECTION
9.1 The Seller processes the Buyer's Personal Data. More information on such processing as described in the article Personal Data Protection.
- FINAL PROVISIONS
10.1. If the relationship established by the Purchase Contract includes an international (foreign) element, the parties agree that the relationship is subject to the Czech law.
10.2 By selecting the applicable law pursuant to this article of the Terms and Conditions, the consumer is not excluded from the protection provided by the provisions of the legal system which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of applicable law pursuant to Article 6 paragraph 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3 If any provision of the Terms and Conditions shall be or become invalid or ineffective, the invalid provision shall be replaced by a provision the meaning of which comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not freely accessible.
10.5 A specimen form for withdrawal from the Purchase Contract is attached to the Terms and Conditions. Withdrawal from the Purchase Contract
10.6 Contact details of the Seller: tel. (+420) 774 431 432, email: firstname.lastname@example.org