GENERAL TERMS AND CONDITIONS
of the business company
VisionQ CZ, s.r.o.
with its registered office at Česká 615, 463 12 Liberec 25
Company ID no.: 051 22 244
Incorporated in the Commercial Register maintained by the Regional Court in Ústí nad Labem, section C, insert 37623
For the sale of Goods through an on-line shop located at the internet address: www.visionq.cz.
I. INTRODUCTORY PROVISIONS
These general terms and conditions (hereinafter the “Terms and Conditions”) of the business company
VisionQ CZ, s.r.o.
with its registered office at Česká 615, 463 12 Liberec 25
Company ID no.: 051 22 244
Incorporated in the Commercial Register maintained by the Regional Court in Ústí nad Labem, section C, insert 37623
(hereinafter the “Seller”)
regulate in accordance with the provision of § 1751 (1) of Act no. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) the rights and obligations of the Contracting Parties arising in relation with or based on the Purchase Agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and the Buyer (hereinafter the “Buyer”) through the e-shop of the Seller. The Seller operates the e-shop on the website at the internet address www.visionq.cz (hereinafter the “Website”) through the interface of the website (hereinafter the “Web Interface of the Shop”).
The Buyer is a consumer or an entrepreneur. The consumer is a person who acts outside his own business frame or outside the frame of its independent profession by concluding the agreement, or otherwise negotiating with the Seller (hereinafter the “Consumer”).
The Entrepreneur is a legal person or a person who acts within its own business frame or within the frame of its own independent profession when ordering Goods, or a person who acts on behalf and on account of the Entrepreneur (hereinafter the “Entrepreneur”). Should the Buyer state its company or other business ID in the process of making the order, he acknowledges that rules for entrepreneurs stipulated in the Terms and Conditions will be applied to him.
Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Derogating arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the English and Czech version. The Purchase Agreement can be concluded in the English or Czech language.
The Buyer may change or amend the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arisen during the validity of the previous version of the Terms and Conditions. By sending an order the Buyer confirms that, before concluding the Agreement, he has read these Terms and Conditions in the version valid and effective at the time of sending the order, and that it expressly agrees with them.
II. CONCLUDING THE PURCHASE AGREEMENT, PAYMENT AND DELIVERY TERMS
Concluding the purchase agreement
The web interface of the shop contains information on the Goods, including prices of individual products and costs of returning the Goods where the nature of the Goods is such that they can’t be returned normally by post. This provision shall not restrict the possibility on the part of the Seller to conclude a Purchase Agreement subject to individually agreed conditions.
The web interface of the shop also contains information concerning costs related to packaging and delivery of the Goods. Information on costs related to packaging and delivery of the Goods specified on the web interface of the shop only applies in cases when Goods are delivered within the territory of the Czech Republic, in cases of international delivery the information stipulated in the Purchase Agreement shall apply.
All presentation of Goods on the web interface of the shop is informative in nature and the Seller shall not be obliged to conclude a purchase agreement regarding these Goods. The provisions of § 1732 (2) of the Civil Code shall not be applied.
To order the Goods, the Buyer fills in the order form on the web interface of the shop. The order form in particular contains information on the ordered Goods (the Buyer “adds” the ordered Goods to the electronic shopping basket on the web interface of the shop), the method of settlement of the purchase price of the Goods, details concerning the required method of delivery of the ordered Goods and costs relating to the delivery of Goods (hereinafter referred to jointly as the “Order”).
Before sending the Order to the Seller, the Buyer can check and change the details which he entered into the order, which also allows the Buyer to ascertain and correct any mistakes which occurred while entering data into the Order. The data referred to in the order are deemed to be correct by the Seller. After receiving the order, the Seller shall confirm the receipt of this Order to the Buyer without delay by means of electronic mail, and it shall do so on the electronic mail address of the Buyer which is given in the user account or in the Order (hereinafter referred to as the “Electronic Mail Address of the Buyer”).
Depending on the nature of the Order (quantity of Goods, purchase price, anticipated costs of transportation), the Seller shall always be entitled to ask the Buyer to provide additional confirmation of the Order (for example in writing or by telephone). The Seller shall be entitled, particularly if the Buyer does not provide additional confirmation of the Order, to require settlement of the whole purchase price before sending the Goods to the Buyer. The provisions of § 2119 (1) of the Civil Code shall not be applied.
The contractual relationship between the Seller and the Buyer shall be created on acceptance of the Order, which the Seller sends to the Buyer by e-mail to the Buyer’s e-mail address.
The Buyer agrees to use of the remote means of communication while concluding the Purchase Agreement. Costs incurred by the Buyer while using the remote means of communication in relation to conclusion of the Purchase Agreement (costs for internet connection, costs for telephone calls) shall be settled by the Buyer itself, whereas these costs are no different from the basic rate.
The purchase agreement shall be archived by the Seller for a period of at least five years from its conclusion in electronic form and shall not be accessible to any non-parties.
By sending an order, the Buyer confirms that before concluding the agreement with the Seller he was acquainted with these Terms and Conditions which include, as integral part, a declaration before concluding the agreement, Complaints Procedure Rules and Personal Data Protection, and that he expressly agrees with them, in the wording valid and effective at the moment of sending the order for approval to the Seller.
Price of Goods and payment conditions
All prices are contractual. Prices of Goods are given in CZK (Koruna česká, Czech crowns) including VAT and all related fees which the consumer is obliged to pay in order to acquire the Goods, this however, does not include shipping, cash on delivery fee and costs for using remote means of communication which are specified within the final quotation following the completion of the order form. Prices of the Goods shall remain valid over the period in which they are displayed on the web Interface of the shop. Prices of Goods in other currencies shall be set by the Contracting Parties in the Purchase Agreement.
The price of Goods and any possible costs relating to the delivery of Goods pursuant to the Purchase Agreement may be settled by the Buyer in the following ways:
* cash on delivery at the location specified by the Buyer in the Order, but only within the territory of the Czech Republic;
* Online card payment using the GoPay payment system (we accept VISA, Mastercard payment cards);
Together with the purchase price, the Buyer shall be obliged to also pay the costs of the Seller relating to packaging and delivery of the Goods in the amount agreed in the Agreement. Unless explicitly determined otherwise, the purchase price shall hereinafter be understood to also include costs relating to the delivery of Goods.
In the case of payment in cash or in the case of cash on delivery, the purchase price shall be payable on acceptance of Goods. In the case of cashless payment, the purchase price shall be payable within 7 days of the conclusion of the Purchase Agreement. In the case of cashless payment, the Buyer shall be obliged to pay the purchase price of the Goods together with the specification of the variable symbol for the payment. In the case of cashless payment, the obligation of the Buyer to pay the purchase price shall be met at the moment of crediting of the respective amount to the Seller’s account. Any discounts on the price of Goods which may be provided by the Seller to the Buyer cannot be mutually combined.
If usual in commercial transactions or if determined by the generally binding legislation, the Seller shall issue the Buyer a tax document – invoice regarding payments made on the basis of the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the Buyer the tax document – invoice after the payment of the price of the Goods and send it to the Buyer’s E-mail Address in the electronic format.
The Seller reserves the ownership right to the property and therefore the Buyer shall become the owner of the Goods only after the purchase price has been paid in full.
In the event of withdrawal from the concluded agreement by the Buyer or if the Buyer should be refunded for another reason, the Seller shall repay money received from the Buyer in the same manner in which the Seller received such money from the Buyer based on the agreement. The Buyer is responsible for providing the correct data for the purpose of refunding money.
Transport and delivery of Goods
The Seller fulfils his obligation to deliver the Goods when he hands over the Goods to the Buyer or to the first carrier. The delivery period depends on availability of Goods, payment and delivery terms, and is a maximum of 7 working days for delivery within the Czech Republic, 10 working days for delivery to other countries. In usual cases the Goods is dispatched within 5 working days from the settlement of the purchase price. The date of delivery is always specified in the e-mail confirming the acceptance of the order. Should the delivery period be extended, the Buyer shall be informed in time. Further rights and duties of the parties concerning the transport of Goods can be provided for in special delivery terms of the Seller.
The means of transport is chosen by the Buyer, the current price list is available in the section “shopping basket” and the costs for transport can vary based on the chosen means of transport. The Seller delivers Goods using a transport service (Česká pošta for delivery within the Czech Republic, DPD and PPL for delivery to all countries). The ordered Goods can be also picked up personally by prior phone arrangement at the address: Rumunská 655/9, Liberec 460 01, Czech Republic.
In the event that the mode of transport has been agreed based on a specific requirement of the Buyer, the risk and costs associated with this mode of transport are borne by the Buyer.
The risk of damage passes to the Buyer on the receipt of the Goods. If it is necessary, for reasons on the side of the Buyer, to deliver the Goods repeatedly or in a different manner than that specified in the Order, the Buyer shall be obliged to cover costs relating to repeated delivery of Goods, or costs relating to a different method of delivery.
The Buyer shall be obliged to check the integrity of the Goods’ packaging on acceptance of the Goods from the carrier, and in the event of any defects whatsoever, to immediately inform the carrier of this. If the packaging shows signs of damage indicating unauthorised opening of the consignment, the Buyer doesn’t have to accept the consignment from the carrier.
III. RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the Contracting Parties regarding rights from defective performance shall be governed by the respective generally binding legislation (in particular the provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., Consumer Protection Act as amended).
The Seller shall be liable to the Buyer for the Goods being free from defects on acceptance. The Seller shall in particular be liable to the Buyer for ensuring that at the moment when the Buyer accepted the Goods:
* the Goods exhibit the properties which the parties agreed on, and if no such agreement exists, that the Goods exhibit such properties which the Seller or the manufacturer described or which the Buyer expected in view of the nature of the Goods and on the basis of advertising performed by the Seller or the manufacturer,
* the Goods are suitable for the purpose which the Seller specifies as their purpose or which Goods of this type are usually used for,
* the Goods are provided in the appropriate quantity, scope or weight and
* the Goods comply with the requirements of the legislation.
If a defect occurs within six months of the acceptance, it is assumed that the Goods were defective already at the moment of the acceptance.
The Buyer – consumer is entitled to claim the right to a defect that occurs with consumer Goods within twenty-four (24) months of the acceptance, however, this shall not be applied in the case of Goods sold at a lower price due to a defect which was the reason for the arrangement of the lower price, further wear and tear of Goods caused by their regular use and, in the case of used Goods, to a defect corresponding to the frequency of use or degree of wear and tear which the Goods exhibited at the moment of their receipt by the Buyer, or if this arises from the nature of the Goods.
The Buyer – Entrepreneur is entitled to claim the right to a defect within the specified scope within twelve (12) months of the acceptance.
The guarantee does not apply to consumable material supplied together with the Goods (particularly batteries, etc.), provided their damage or reduction in functionality was due to wear and tear caused by regular use of the Goods.
The Buyer is not entitled to claim the right from defective performance provided the Buyer knew that the Goods had been defective before the receipt of the Goods or if the defect was caused by the Buyer itself. The right from defective performance does not apply to defects caused by using the Goods in contrary to instructions for use, to defects arising by mechanical damage or by force majeure (water, sand, fire, etc.)
The Seller shall not be held liable for any damage caused by Goods functionality or failure, unless generally binding legislation stipulates otherwise.
The Seller shall not provide post-warranty service.
Rights to defective performance are claimed by the Buyer at the Seller’s address where the receipt of the claim is possible with regard to the range of Goods sold, or at the registered office or place of business of the Seller. In the event of a claim for defective purchased Goods, the following procedure should be applied:
* The name of the Goods and the most detailed specification possible of the reason of the claim, contact information, specification of the rights the Buyer wishes to exercise in relation to the claim, sales note and warranty certificate, or invoice – tax document should be sent to the e-mail address email@example.com; subsequently, the Buyer shall be informed on further procedure
* The Goods can be delivered personally to the Seller’s address by prior phone arrangement or sent by a carrier in a duly packed and secured consignment as a valuable package (not COD)
The above-mentioned procedure shall not restrict consumer rights and choice to exercise rights of defective performance arising from the legislation, it serves particularly for facilitation of the complaint resolution.
Further rights and obligations of the Parties relating to the responsibility of the Seller for defects can be provided for in the complaints procedure.
IV. WITHDRAWAL FROM THE PURCHASE AGREEMENT
In accordance with § 1829 (1) of the Civil Code, the Buyer – consumer has the right to withdraw from the purchase agreement without giving reasons within fourteen (14) days from the receipt of the Goods, whereas if the subject of the Purchase Agreement is constituted by several types of Goods or delivery of several parts, this deadline shall begin on the date of receipt of the last delivery of Goods. Notice of withdrawal from the Purchase Agreement must be sent to the Seller within the deadline specified in the previous sentence. Goods must be returned to the Seller within fourteen (14) days from the moment of withdrawal from the Agreement. If the Buyer-consumer withdraws from the Purchase Agreement, the Buyer shall bear costs relating to the return of Goods to the Seller, even if the Goods cannot be returned in the usual manner by post due to their nature.
The consumer should return the Goods complete, that means including all the provided accessories, with complete documentation, undamaged, clean, if possible with the original packaging, in the condition and value in which the Goods were received. The consumer is liable to the Seller only for the reduction in the value of the Goods, which arose from the handling of such Goods other than necessary with respect to the nature and characteristics of the Goods.
In the case of withdrawal from the Purchase Agreement, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller has received the funds from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the Goods by the Buyer or otherwise, provided that the Buyer agrees with it and no additional costs to the Buyer shall incur. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the Goods or proved that the Goods has been dispatched to the Seller.
To withdraw from the Purchase Agreement, the Buyer may use the specimen withdrawal form provided by the Seller which constitutes annex to the Terms and Conditions. It is recommended to withdraw from the Purchase Agreement in writing by sending a notice to the e-mail address of the Seller firstname.lastname@example.org or to the Seller’s business place stating the number of order, variable symbol, date of purchase and enclose a proof of purchase.
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes over the Goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, this being in a cashless manner to the bank account indicated by the Buyer.
The Buyer notes that, in accordance with § 1837 of the Civil Code, it is not entitled, among others, to withdraw from the Purchase Agreement on the delivery of Goods which have been modified at the request of the Buyer or his personal use, from the Purchase Agreement on the delivery of perishable Goods and Goods which have been irretrievably mingled with other Goods, from the Purchase Agreement on the delivery of Goods in sealed packaging which have been removed from the packaging by the consumer and which cannot be returned for hygiene reasons and from the Purchase Agreement on the delivery of audio or video recordings or computer software if the original packaging has been opened.
The above-mentioned conditions do not apply to the Buyer – Entrepreneur. In such case the respective provisions of the Civil Code shall apply.
The Buyer acknowledges that in the event that the Goods returned to the Seller are damaged, worn or partially consumed, the Seller shall be entitled to claim compensation for damages incurred to it. The Buyer acknowledges that the amount of compensation shall be determined by the Seller taking into account the condition of the returned Goods, and when the Goods is evaluated as not re-saleable by the Seller, the amount of compensation shall equal the purchase price. The Seller shall be entitled to unilaterally offset its claim for compensation for damages against the Buyer’s claim for repayment of the purchase price.
In the event of withdrawal from the Purchase Agreement, the Purchase Agreement shall be abrogated.
V. PERSONAL DATA PROTECTION
The protection of personal data of the Buyer, who is a natural person, is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) and related Czech national legislation.
Personal data of the Buyer are confidential, and they are processed solely for the purpose of completing the order of the Buyer, keeping the customer account and for the purposes of sending information and commercial communications to the Buyer.
The Buyer consents to the collection, storing and processing of its personal data, particularly of the name and surname, residence address, ID number, tax ID number, e-mail address, telephone number etc. (hereinafter the “Personal Data”) for an indefinite period. The Buyer confirms that the Personal Data provided is precise and true and it is provided voluntarily. The Buyer is obliged to inform, without unnecessary delay, the Seller on a change in the data provided.
The Buyer is aware of the fact that it can withdraw its consent to personal data processing at any time by written notice delivered to the Seller or refuse consent while placing an order or by making a note of refusal when registering the user account.
The Buyer shall be entitled to information on the processing of personal data provided by the Buyer for the period for which the consent was granted, it is particularly entitled to ask the Seller for explanation, removal of wrong state including blocking, correction, supplementing or deletion of personal data and it has the right to complain with the Office for Personal Data Protection. The Buyer is entitled to ask which of its personal data the Seller processes. The information shall be provided without unnecessary delay for adequate compensation not exceeding the costs necessary for providing such information.
The consent can also be withdrawn by sending written express disapproval concerning the processing of personal data to the address: Mrštíkova 399/2a, Liberec 7, 460 07.
Sending commercial communication and storing cookies
The Buyer agrees with the sending of information related to the Seller’s Goods, services, or business to the e-mail address of the Buyer, and also agrees to the sending of commercial communications to the e-mail address of the Buyer.
The Buyer agrees to the storing of so-called cookies on its computer. Provided it is possible to carry out a purchase on the website and fulfil the Seller’s obligations under the Purchase Agreement without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
The delivery of information to the Buyer may be carried out to the e-mail address of the Buyer.
VI. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
Based on the Buyer’s registration made on the website, the Buyer can access its user interface. Through its user interface, the Buyer can order the Goods (hereinafter referred to as the “user account”). The Buyer can also order the Goods without registration directly through the web interface of the shop, provided the web interface of the shop allows it.
When registering with the website and placing an order, all data indicated by the Buyer must be true and correct. In the event of any change, the Buyer is obliged to update the data stated in the user account. The data the Buyer has provided in the user account and when placing an order are considered by the Seller to be correct.
Access to the user account is secured by a user name and password. The Buyer is obliged to keep confidential the information necessary to access its user account. The Buyer is not entitled to make the user account available for use to third parties.
The Seller may cancel the user account, particularly if the Buyer does not use its user account for more than 3 years or immediately, in the case of a breach of obligations under the Purchase Agreement (including the Terms and Conditions) by the Buyer.
The Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.
The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.
As for the extrajudicial resolution of consumer disputes arising from the Purchase Agreement, the competent body shall be the Czech Trade Inspection Authority with the registered office at Štěpánská 567/15, 120 00 Prague 2, organization ID no.: 000 20 869, internet address: http://www.coi.cz.
The Seller is entitled to sell the Goods on the basis of the trade license. Trade licensing inspection shall be performed by the Trade Licensing Authority within the scope of its competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined scope, inter alia, the supervision over the observance of Act No. 634/1992 Coll., Consumer Protection Act as amended.
The Buyer assumes the risk of changed circumstances within the meaning of § 1765 (2) of the Civil Code.
VII. FINAL PROVISIONS
If the relationship based on the purchase agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship shall be governed by the Czech law and that the parties shall submit all their disputes arising out of or in connection with the purchase agreement to the exclusive jurisdiction of the courts of the Czech Republic; however, if the Contracting Parties choose different governing law and competent court in the Purchase Agreement, the choice made in Purchase Agreement shall prevail. This shall not restrict the consumer’s rights arising from the generally binding legal regulations.
If any of the provisions of the Terms and Conditions is or becomes invalid or ineffective, then this or these provisions shall be replaced by such provisions that are as close as possible in meaning to the original invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity and effectiveness of the other provisions.
A specimen form for withdrawal from the Purchase Agreement constitutes an annex to the Terms and Conditions.
Contact data of the Seller: address for service: Česká 615, 463 12 Liberec 25 Czech Republic,
e-mail address: email@example.com, phone no.: +420 774 867 745.
Dated at Liberec, on 1.1.2019
List of annexes:
Annex 1 – Notice of Withdrawal of the Purchase Agreement
Notice of Withdrawal of the Purchase Agreement
VisionQ CZ s.r.o.
with its registered office at Česká 615, 463 12 Liberec 25
Organization ID no.: 051 22 244
Name, surname: ……………………………..
The Buyer declares that it hereby withdraws from the Purchase Agreement of the purchase of the Goods …………………./Goods specification/, which he received on ………………..
Please, transfer the returned funds to bank account no. …………………. with …………………..