TERMS AND CONDITIONS
Terms and Conditions of DRILL COMPANY, s.r.o., a company operating the DRILL Athletics trademark, with its registered office at Tupolevova 710, Prague 9, 19900 – Letňany, IČ: 04771664, registered in the Commercial Register kept by the Municipal Court in Prague online store located at the internet address www.drillathletics.cz
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of DRILL company, s.r.o., with its registered office at Tupolevova 710, Prague 9, 199 00 – Letňany, IČ: 04771664, registered in the Commercial Register kept by the Municipal Court in Prague 253390 (hereinafter referred to as the “Seller“) governs, 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“) mutual rights and obligations of the parties arising in connection with or contracts (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The internet shop is operated by the seller on a website located at the internet address www.drillathletics.cz (hereinafter referred to as the “website“), through the interface of the website (hereinafter referred to as the “web interface of the shop“).
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in the Czech.
1.5. 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.
2. USER ACCOUNT
2.1. Based on the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as “user account“). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 3 years, or if the buyer violates its obligations under the purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account may not be always available, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value-added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains mainly information 3.4.1. the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order“).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “confirm order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer 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, 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).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
in cash at Tupolevova 710, Prague 9, 199 00;
in cash on delivery at the place specified by the buyer in the order;
cashless transfer to the seller’s account No. 115-1991150257/0100, kept at Komerční Banka, a.s. (“Seller’s Account”);
cashless payment by credit card;
through a loan provided by a third party.
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. 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 goods in advance.
4.4. 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 3 days of concluding the purchase contract.
4.5. In case of cashless 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.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is usual in the business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the purchase contract. The seller is a payer of value-added tax. The tax document – the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in the electronic form to the buyer’s email address.
4.9. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; In case of a technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods which has been modified according to the Buyer’s wish or for himself, which has been irretrievably mixed with other goods after the delivery, from the purchase contract for the supply of goods in a sealed package, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recording or computer program original packaging.
5.2. Unless this is the case referred to in Article 5.1 of the Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) of the Civil Code. ) days from the receipt of goods, and if the purchase contract is subject to several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. 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 can use the sample form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Contract may be sent by the Buyer to, inter alia, the Seller’s premises or the Seller’s e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The Goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by the normal postal route.
5.4. In case of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
5.6. 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 goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return a given gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. in case of due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially 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 responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer, having regard to the nature of the goods and the advertising made by them,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, the buyer, or if it follows from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The buyer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF PARTIES UNDER CONTRACT
8. 1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3. The handling of consumer complaints is provided 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 email address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “personal data“).
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The Buyer acknowledges that he/she is obliged to present his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the shop) correctly and that he/she is obliged to inform the Seller without undue delay of any changes in his / her personal data.
9.5. The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. 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.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation thus created.
9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
11.1. It may be delivered to the Buyer at the Buyer’s email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
12.5. Seller contact information: delivery address DRILL Company, s.r.o. Tupolevova 710, PRAGUE 9, 19900, e-mail address firstname.lastname@example.org, phone 601096366.
Prague, 2 September 2019