Terms and Conditions
of EXVALOS spol. s r.o.
563 01 Lanškroun, Dobrovského 367, ID No.: 48151599,
registered in the public register kept by the Regional Court in Hradec Králové, Pardubice branch, section C, insert 3390
for the sale of goods through the on-line shop located at the Internet address www.eshop.exvalos.cz
- These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of EXVALOS spol. s r.o., with registered office at 563 01 Lanškroun, Dobrovského 367, ID No.: 48151599, registered in the Public Register kept by the Regional Court in Hradec Králové, Pardubice Branch, Section C, Insert 3390 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of 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 www.eshop.exvalos.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
- The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.
- Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
- The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- Based on the buyer's registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
- When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
- Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
- The Buyer is not entitled to allow third parties to use the user account.
- The Seller may terminate the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
- 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
- All presentation of goods placed on the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
- The web interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of 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 limit the seller's ability to conclude a purchase contract on individually agreed terms.
- The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
- The goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the shop),
- The method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
- Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order")
- Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered in the Order. The Buyer sends the order to the Seller by clicking on the "send order" button. The information provided in the order is considered correct by the Seller. The Seller shall promptly upon receipt email the Buyer, to the Buyer's email address specified in the user interface or in the order (hereinafter referred to as the Buyer's "email address").
- Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
- The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
Price of goods and payment terms
The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's premises at 563 01 Lanškroun, Dobrovského 367,
- in cash on delivery at the place specified by the buyer in the order,
- by wire transfer to the Seller's account No. 1322567389/0800 (hereinafter referred to as the Seller's account),
- by cashless payment card at the Seller's premises at Dobrovského 367, Lanškroun 563 01
- Together with the purchase price, the Seller is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
- The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days of the conclusion of the purchase contract.
- In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
- The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of Section 2119 of the Civil Code shall not apply.
- Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
- If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the Purchase Contract. The Seller shall be liable for value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
Withdrawal from the purchase contract
- The Buyer acknowledges that it is not possible to withdraw from a contract for the supply of goods in the cases referred to in the provisions of Section 1837 of the Civil Code, i.e. in particular it is not possible to withdraw from a contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a contract for the supply of goods that have been irreversibly mixed with other goods after delivery,
- Unless the case referred to in Article 5.1 or any other case in which the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, among others, to the Seller's business address 563 01 Lanškroun, Dobrovského 367 or to the Seller's e-mail address.
- In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
- In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract to the Buyer in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or otherwise, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
- The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
- The seller is entitled to withdraw from the contract of sale at any time until the goods have been accepted by the buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
- If a gift is provided together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
Transport and delivery
- In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
- If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
- In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
- Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.
- Further rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
Rights from defective performance
- The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant provisions of generally binding regulations (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
- The Seller shall be liable to the Buyer that the goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the exhibitor or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- 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,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
- The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear the goods had when taken over by the buyer, or if this results from the nature of the goods.
- If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt.
- The Buyer shall exercise the rights arising from the defective performance at the Seller's business address 563 01 Lanškroun, Dobrovského 367, where the acceptance of the claim is possible with regard to the range of goods sold. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint regulations.
Other rights and obligations of the parties
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- Out-of-court handling of consumer complaints is handled by the Seller via the electronic address email@example.com. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
- The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. 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, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
- The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
Personal data protection
The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of this Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.
The Buyer may be delivered to the e-mail address specified in his/her user account or specified by the Buyer in the order.
- If the relationship based on the purchase contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
- If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
- The contract of sale, including the terms and conditions, shall be archived by the seller in electronic form and shall not be accessible.
- Annex 1 of the Terms and Conditions is a sample form for withdrawal from the Purchase Contract.
- Contact details of the Seller: delivery address: Dobrovského 367, Lanškroun, Postal Code 563 01, e-mail address: firstname.lastname@example.org, telephone +420 465 323140.
In Lanškroun on 1.2.2022