TERMS AND CONDITIONS
of the company
Registered seat: Na Beránce 57/2, 160 00 Prague 6, Czech Republic
Identification Number: 26772744
for the sale of goods through the on-line shop located on the internet address
In compliance with the provision § 1751 par. 1 of the Act no. 89/2012 Coll., Civil Code, as amended (hereinafter only as the “Civil Code”) those Terms and Conditions (hereinafter only as the “Terms and Conditions“) of the company BLUE-CELL, s.r.o., registered seat Na Beránce 57/2, 160 00 Prague 6, Czech Republic, registration number: 26772744 (hereinafter only as the “Seller“) govern mutual rights and duties of contract parties originated in relation or based on a purchase contract (hereinafter only as the “Purchase Contract”) concluded between the Seller and other natural person (hereinafter only as the “Buyer”) through Seller’s e-shop. This e-shop is operated by the Seller on the web address www.dir-shop.cz (hereinafter only as the “Website”) through the interface of the Website (hereinafter only as the “Web interface of the e-shop”).
Those Terms and Conditions shall not applied in cases when a person who wants to buy goods from the Seller is a legal person or a person who is ordering goods within its business activity or within independent performance of its profession.
Regulation different from those Terms and Conditions can be negotiated in the Purchase Contract. Different provisions in the Purchase Contract take precedence over provisions of those Terms and Conditions.
Provisions of the Terms and Conditions form the integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are executed in English. The Purchase Contract can be concluded in Czech.
Those Terms and Conditions can be changed or amended by the Seller. This provision shall not affect rights and duties originated during the validity of previous terms and conditions.
Based on Buyer’s registration performed on the Website the Buyer can access its user interface. From its user interface the Buyer can order goods (hereinafter only as the “User Account”). If the Web interface of the e-shop enables it then the Buyer can also order goods directly from the Web interface of the e-shop, i.e. without registration.
During its registration on the Website and during ordering of goods the Buyer shall insert all information correctly and truly. The Buyer shall update all information mentioned in its User Account if it changes. The Seller considers Buyer’s information in its User Account and during ordering of goods to be correct.
Access to the User Account is protected by the username and password. The Buyer shall maintain confidentiality about such information necessary for the access to its User Account.
The Buyer does not have the right to allow third persons use its User Account.
The Seller can delete the User Account especially in the case when the Buyer has not been using its User Account for more than 2 years or when the Buyer breaches its duties arising from the Purchase Contract (including those Terms and Conditions).
The Buyer acknowledges that the User Account does not have to be available ceaselessly especially in view of the fact that Seller’s or third person’s hardware and software equipment has to be maintained.
CONCLUSION OF THE PURCHASE CONTRACT
Every presentation of goods located in the Web interface of the e-shop has only informative nature and the Seller is not obliged to conclude the Purchase Contract about such goods. The provision § 1732 par. 2 of the Civil Code shall not be applied.
The Web interface of the e-shop contains information about goods including prices and return costs of the goods if because of its nature such goods cannot be returned using common postal method. Prices of goods already include VAT and all related fees. Prices of goods are valid for the duration when they are displayed in the Web interface of the e-shop. This provision does not limit Seller’s right to conclude the Purchase Contract under individually negotiated conditions.
The Web interface of the e-shop also contains information about costs connected with the packaging and delivery of goods. Such information about costs connected with the packaging and delivery of goods mentioned in the Web interface of the e-shop is valid only if such goods is delivered within the Czech Republic.
In order to order goods the Buyer shall fill in the order form in the Web interface of the e-shop. The order form contains information especially about:
ordered goods (the Buyer shall “put” the ordered goods to the electronic shopping basket in the Web interface of the e-shop),
payment method, information about the delivery method and
information about costs connected with the delivery of goods (hereinafter together only as the “Order”).
Before the Order is sent to the Seller the Buyer can check and modify information which it has inserted into the Order and the Buyer can also check and correct possible errors which can occur when the Order is completed by the Buyer. The Buyer shall send the Order to the Seller by clicking the button “Order”. The Seller considers Buyer’s information in the Order to be correct. The Seller shall notify the Buyer that it received the Order immediately through the electronic mail to Buyer’s electronic address mentioned in its User Account or in the Order (hereinafter only as the “Buyer’s electronic address”).
Based on the nature of the Order (amount of goods, purchase price, expected transport costs) the Seller has the right to always ask the Buyer to additionally confirm its Order (e.g. in writing or by phone).
The contractual relationship between the Seller and the Buyer comes into existence when the Seller’s confirmation of the Order (acceptance) which is sent by the Seller to Buyer’s electronic address is delivered to Buyer’s electronic address.
The Buyer agrees with the fact that the Purchase Contract will be concluded using the means of distance communication. Buyer’s costs connected with use of the means of distance communication in relation to the conclusion of the Purchase Contract (internet connection, phone calls) shall be paid by the Buyer itself and such costs are not different from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
The Buyer can pay the purchase price of goods and possible costs connected with the delivery of goods according to the Purchase Contract in the following ways:
in cash in Seller’s shop on the address Na Beránce 57/2, 160 00 Prague 6, Czech Republic
in cash on delivery at the place determined by the Buyer in the Order
cashless by a bank transfer to Seller’s bank account no.: 2200349652/2010, maintained by FIO banka, a.s. for payment in CZK currency or account IBAN: DE94855901004558570402 BIC: GENODEF1NGS maintained by Volksbank Lobau-Zttau eG for payment in EUR currency (hereinafter only as the “Seller’s bank account”)
cashless using the using a credit/debit card via payment system provided by company Global Payments Europe, a.s.
Together with the purchase price the Buyer shall pay also costs connected with the packaging and transport of goods in agreed amount to the Seller. Unless it is explicitly stated otherwise the purchase price means even costs connected with the delivery of goods.
The Seller does not require any prepayment or similar payment from the Buyer. This does not affect the article 4.6 of those Terms and Conditions about the duty to pay the purchase price of goods in advance. This provision shall not be used for the goods made to order.
In case when goods is paid in cash or in cash on delivery then the purchase price is due when such goods is taken over. In case when goods is paid cashless then the purchase price shall be paid within 5 days since the Purchase Contract was concluded.
In each cashless payment the Buyer shall include the variable symbol of such payment. In case when the goods is paid cashless Buyer’s obligation to pay the purchase price is fulfilled when the particular amount is credited to Seller’s bank account.
The Seller has the right to demand payment of the total purchase price before goods is dispatched to the Buyer especially in the case when the Buyer has not additionally confirmed its Order (Article 3.6). The provision § 2119 par. 1 of the Civil Code shall not be applied.
Discounts from the purchase price of goods provided by the Seller to the Buyer cannot be mutually combined.
If it is common in business relations or if it is required by generally applicable laws then the Seller shall issue a tax document (invoice) about any payments based on the Purchase Contract. The Seller is a VAT payer. Tax document (invoice) shall be issued by the Seller for the Buyer after the purchase price is paid and it shall be send electronically to Buyer’s electronic address.
WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer acknowledges that in compliance with the provision § 1837 of the Civil Code it is not possible to withdraw (apart from others) from a purchase contract on delivery of goods if such goods was modified according to buyer’s wish or for its person, from a purchase contract on delivery of goods which is subject to rapid deterioration and also goods which was irretrievably mixed with other goods after it was delivered, from a purchase contract on delivery of goods in a closed case which was already removed by a consumer and because of hygienic reasons it cannot be returned back in and from a purchase contract on delivery of audio or video recording or computer program if the original case was already opened.
If it is not one of cases mentioned in the Article 5.1 of those Terms and Conditions or other case when it is not possible to withdraw from a contract then in compliance with the provision § 1829 par. 1 of the Civil Code the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days since the takeover of goods and if a subject of the Purchase Contract is more type of goods or delivery of more parts then such period begins when the last part of goods is delivered. Any withdrawal from the Purchase Contract has to be sent to the Seller within the period defined in previous sentence. For the withdrawal from the Purchase Contract the Buyer can use the sample form provided by the Seller which is attached to those Terms and Conditions. The Buyer can send the withdrawal to the address of Seller’s shop or to Seller’s electronic mail: firstname.lastname@example.org.
In the case of the withdrawal from the Purchase Contract according to the Article 5.2 of those Terms and Conditions the Purchase Contract becomes invalid since the beginning of its validity. Goods shall be returned to the Seller within fourteen (14) days since the withdrawal from a contract. If the Buyer withdraws from the Purchase Contract then it shall pay all costs connected with the return of goods back to the Seller and even in the case when any goods cannot be returned by common postal method because of its nature.
In the case of the withdrawal from the Purchase Contract according to the Article 5.2 the Seller shall return all monies received from the Buyer to the Buyer within fourteen (14) days since the withdrawal from a contract in a same way as it was received from the Buyer. The Seller also has the right to return all monies provided by the Buyer when goods is returned by the Buyer or in other way if the Buyer will accept it and there will not be any additional costs for the Buyer. If the Buyer withdraws from the Purchase Contract then the Buyer does not have to return received monies to the Buyer before the Buyer returns goods to the Seller or proves that goods has already been sent back to the Seller.
The Seller can unilaterally set off its claim for the compensation of damage against Buyer’s claim for the returning of the purchase price.
In cases when in compliance with the provision § 1829 par. 1 of the Civil Code the Buyer has the right to withdraw from the Purchase Contract the Seller also has the right to withdraw from the Purchase Contract until the moment when goods is taken over by the Buyer. In such case the Seller shall return the purchase price to the Buyer without any unreasonable delay and to the bank account specified by the Buyer.
If any present is given to the Buyer together with goods then the donation agreement is concluded with the resolutory condition that if there will be any Buyer’s withdrawal from the Purchase Contract then such donation agreement about such gift shall cease to exist and the Buyer shall return such present together with goods back to the Seller.
TRANSPORT AND DELIVERY OF GOODS
In the case when the type of transport is negotiated according to Buyer’s special request then the Buyer bears the risk and possible additional costs connected with such transport.
If according to the Purchase Contract the Seller shall deliver goods to the destination defined by the Buyer in its Order then the Buyer shall take over goods when it is delivered.
In the case when goods has to be delivered repeatedly or in a different way according to the Order because of Buyer’s reasons then the Buyer shall pay all costs connected with such repeated delivering or costs connected with other type of delivery.
When goods is being taken over from a carrier the Buyer shall check if packages are not damaged and if there are any defects then the Buyer shall immediately inform such carrier. If the package is damaged and it is discovered that there was any unauthorized entry then the Buyer has the right to reject such delivery.
Other rights and duties of the contract parties connected with the transport can be defined in Seller’s special delivery terms if there are any.
OTHER RIGHTS AND DUTIES OF THE CONTRACT PARTIES
The Buyer acquires the ownership right for goods by the payment of total purchase price.
In relation to the Buyer the Seller is not bound by any codes of conduct pursuant to the provision § 1826 par. 1 letter e) of the Civil Code.
Extrajudicial decisions connected with the consumer disputes arising from the Purchase Contract shall be executed by – Česká obchodní inspekce (Czech Trade Inspection Authority), registered seat Štěpánská 567/15, 120 00 Praha 2, Czech Republic, ID No.: 000 20 869, internet address: http://www.coi.cz.
The Seller has the right to sell goods based on its trade license. Supervision over trade licenses is performed by the relevant trade office based on its province. Supervision over the field of personal data protection is performed by The Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority (Česká obchodní inspekce) also supervises the compliance with the Act no. 634/1992 Coll., Consumer Protection Act, as amended.
The Buyer hereby adopts the risk of a change of circumstances according to the § 1765 par. 2 of the Civil Code.
NEWSLETTERS AND COOKIES
The Buyer agrees with the fact that information connected with Seller’s goods, services or business will be send to Buyer’s electronic address and further agrees with sending of Seller’s newsletters to Buyer’s electronic address.
The Buyer agrees with the storage of so called cookies in its computer. If it is possible to perform a purchase on the Website and fulfill Seller’s obligation from the Purchase Contract without such storage of so called cookies in Buyer’s computer then the Buyer has the right to cancel his consent from previous sentence at any time.
The Seller can be delivering to Buyer’s electronic address.
If the relation founded by the Purchase Contract contains international (foreign) element then the Contract Parties agree that their mutual relation shall be governed by the laws of the Czech Republic. This does not affect consumer’s rights arising from generally applicable laws.
If any provision of those Terms and Conditions is invalid or ineffective or if it becomes invalid or ineffective then a provision which has the closes meaning shall be applied instead of such invalid or ineffective provision. Invalidity or ineffectiveness of one provision does not affect validity of remaining provisions.
The Purchase Contract including the Terms and Conditions is archived electronically by the Seller and it is not accessible.
The sample form for the withdrawal from the Purchase Contract forms the attachment of those Terms and Conditions.
Seller’s contact information: delivery address BLUE-CELL, s.r.o., Na Beránce 57/2, 160 00 Prague 6, electronic address email@example.com, phone +420 234697119
In Prague, 1st of December 2018