Business conditions seller, self-employed entrepreneur Tobias Schubert, natural person, doing business under the trade license, acting under the name Tobias.equipment
With registered office at Rejskova 1979/2, Prague 2 - Vinohrady, zip code: 120 00
Identification number: 09935801
For the sale of goods through an online store located at www.tobiasequipment.com.
1. INTRODUCTORY PROVISION
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the seller, self-employed entrepreneur Tobias Schubert, a natural person, doing business under the Trade Act, acting under the name Tobias.equipment, with registered office at Rejskova 1979/2, Prague 2 - Vinohrady, zip code: 120 00, identification number: 09935801, (hereinafter referred to as the "seller") regulate the mutual rights and obligations of the contracting parties in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") 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") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.tobiasequipment.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "web interface of the store").
1.2. The terms and 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, when ordering goods, acts as part of his business activity or as part of his independent professional performance.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
2. CONCLUSION OF PURCHASE AGREEMENT
2.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time 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 agreed conditions.
2.3. The web interface of the store also contains information about 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 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.
2.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
2.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
2.4.2.method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
24.3. information on the costs associated with the delivery of the goods (hereinafter referred to as the "order").
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "send 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").
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
2.7. The seller reserves the right not to deliver goods that have already been discontinued, are not in stock, or have significantly increased in price. The seller is obliged to inform the buyer immediately about the price increase and to agree on the next procedure for withdrawing from the contract and returning the money to the buyer (in case the invoice has already been paid), ordering other goods and financially adjusting the price.
2.8. 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 e-mail, to the e-mail address of the buyer.
2.9. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate. The seller reserves the right not to deliver goods that have already been discontinued, are not in stock, or have significantly increased in price. The seller is obliged to inform the buyer immediately about the price increase and to agree on the next procedure for withdrawing from the contract and returning the money to the buyer (in case the invoice has already been paid), ordering other goods and financially adjusting the price.
3. PRICE OF GOODS AND TERMS OF PAYMENT
3.1. The price of the goods is listed including value added tax and all related fees and does not include costs associated with the delivery of the goods.
3.2. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
3.2.1. By cashless transfer to the seller's bank account, listed on the online store page,
3.2.2. Cashless by payment card, through the GoPay payment gateway,
3.2.3. In cash or by credit card when picking up parcels in person at the delivery desk
3.3. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.4. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.5. In the case of payment in cash or cash 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 2 days from the conclusion of the purchase contract
3.6. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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.
3.7. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before the goods are sent to the buyer. Sect. Section 2119 paragraph 1 of the Civil Code shall not apply.
3.8. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.9. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
3.10. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods, which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of audio or video recordings or computer programs, if he violated their original wrapper.
4.2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has, in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, when concluding a purchase contract via remote communication, the right from withdraw from the purchase contract, within fourteen (14) days of taking over the goods, while in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the day of taking over the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's premises or the seller's e-mail address email@example.com.
4.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods, including all accessories, must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
4.4. The buyer in the case of exercising the right to withdraw from the purchase contract according to Article 5.2. terms and conditions, must return to the seller all the performance that he received on the basis of the purchase contract.If this is no longer possible, the buyer acknowledges that if the goods returned by him are, for example, damaged, worn or partially consumed, or are not returned including all accessories (warranty certificate, manual, packaging, etc.), the seller incurs liability against the buyer in accordance with § 1833 of the Civil Code, the right to reimbursement of the costs incurred in connection with the return of the goods or with the return of the goods to their original condition. The seller is entitled to unilaterally offset the claim for payment of these costs against the buyer's claim for a refund of the purchase price. These costs can even reach the full purchase price of the goods.
4.5. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods, including all accessories, will be returned by the seller to the money received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and the buyer does not incur additional costs. 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.
4.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time 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, without cash to the account designated by the buyer.
4.7. 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 severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with given gift.
5. CARRIAGE AND DELIVERY OF GOODS
5.1. 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.
5.2. 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.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
5.4. In the event that the buyer does not take over the goods, he is obliged to reimburse the seller for the costs associated with the delivery of the goods to the place of delivery and back to the seller, even if the goods were to be delivered to the buyer free of charge, and the buyer is also obliged to reimburse the seller for other costs incurred by him in connection with non-acceptance of the goods by the buyer, if the goods are not specially manufactured, adjusted or modified for the buyer, the purchase contract is canceled from the beginning if the buyer does not accept the goods.
5.5. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
5.6.Other rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller
5.7. For delivery of goods to a country other than the Czech Republic, it is necessary to contact the seller in advance in order to negotiate specific delivery conditions and their payment
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from 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 (hereinafter referred to as the "Consumer Protection Act")).
6.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
6.2.1. The goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,
6.2.2. Are the goods suitable for the purpose for which the seller indicates their use or for which goods of this type are usually used,
6.2.3. The quality or execution of the goods corresponds to the contracted sample or prototype, if the quality or execution was determined according to the contracted sample or prototype,
6.2.4. Is the goods in the corresponding quantity, measure or weight
6.2.5. The goods comply with the requirements of legal regulations.
6.3. The provisions mentioned in Article 7.2 of the terms and conditions do not apply to:
6.3.1. Goods sold at a lower price due to a defect for which a lower price was agreed
6.3.2. Wear and tear of goods caused by their usual use
6.3.3. Used goods for a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer
6.3.4. Cases excluded due to the nature of the goods
6.3.5. Goods that were supplied free of charge as a gift.
6.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
6.5. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within 24 months of receipt, this does not apply to the goods listed in Article 7.3. business terms.
6.6. If a defect is found in discounted or used goods, only a reasonable discount from the purchase price can be requested as part of the exercise of rights due to product defects.
6.7. Rights from defective performance - complaint - are applied by the buyer to the seller in writing or in person at the address of his establishment, where the receipt of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business.
6.8. The buyer's complaint must contain a description of the defect that is being complained about, or a description of several such defects, and photos of the defects. In order to assess the validity of the claim, the buyer will transport or send the claimed goods to the seller. The costs of transport and/or dispatch of the claimed goods are paid by the buyer, in the event of recognition of a claim due to defective performance, these costs will be reimbursed to the buyer by the seller based on the submitted document of payment of normal costs (postage, but not taxi costs, etc.) for sending the goods. The buyer should pack the goods appropriately so that they are not damaged during delivery by the seller and mark the package visibly with the text "CLAIM".
6.9. When claiming goods, the buyer provides the seller with a proof of sale or the seller's confirmation of the provision of a guarantee - the so-called guarantee certificate.
6.10. If the goods have defects, the buyer can:
6.10.1.Demand removal of the defect by delivering new goods without a defect or a missing part, if this is not unreasonable due to the nature of the defect, if the defect concerns only a part of the item, the buyer can only demand the replacement of the part, the buyer has the right to deliver a new item or replace the part even in the case of removable defects, if he cannot use the item properly due to the repeated occurrence of the defect after repair or for a larger number of defects
6.10.2. Request removal of defect by repair
6.10.3. Demand a reasonable discount from the purchase price, if he does not exercise the right to deliver a new item without defects, to exchange its part or to repair the item, the buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, to replace its part or repair the item, as well as in the event that the seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the buyer
6.10.4. Withdraw from the contract if the seller does not remove the defect in the goods in time or refuses to remove the defect in the goods, or if the goods have multiple defects or the defects in the goods occur repeatedly.
6.11. The buyer will inform the seller of the arrangements for remedying the defect according to Article 7.10. business terms and conditions he chose, already upon notification of the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the seller's consent, this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or by delivering a new item, the choice must not cause unreasonable costs to the buyer.
6.12. In case of acceptance of the claim, the seller will issue to the buyer a confirmation of acceptance of the goods subject to the claim, which will contain in particular:
6.12.1. Identification and contact details of the buyer
6.12.2. When the buyer exercised the right
6.12.3. Claim content
6.12.4. Buyer's requested method of handling the claim
6.13. The complaint will be handled within 30 days from receipt of the complaint, unless otherwise agreed between the seller and the buyer, and within this period the buyer will be notified of the results of the complaint. After handling the complaint, the seller issues a confirmation to the buyer about the method and time of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. Failure to settle the claim within the stated period is a material breach of the contract.
6.14. After handling the complaint, the seller invites the buyer to pick up the goods in the agreed manner, and the buyer is obliged to take over the goods from the seller without undue delay. This also applies if the complaint is judged to be unjustified. If the buyer does not pick up the goods even within the additional period specified in the seller's notice of at least 60 days, the seller is entitled to charge from the following day a storage fee for storing the goods in the amount of CZK 20 excluding VAT for each day of delay and m2 of storage area used. If the customer does not pick up the claimed goods even within 6 months from the expiry of the additional period, the seller's obligation to store the goods ceases and the seller is entitled to monetize the goods in an appropriate manner and use the proceeds to compensate for the costs of storing and selling the goods, with the provision that any excess will be given to the buyer.
6.15.The seller is not responsible for product defects caused by incorrect or unprofessional installation, handling, transportation, connection, assembly or inappropriate maintenance of the product, use of the product in violation of the instructions for use or in a way different from that in which the product is normally used
6.16. Some goods (or parts thereof) may be subject to faster wear and tear, and their usual lifespan is, as a result, shorter than the time during which the buyer is entitled to claim defects that occur on the goods. These are mainly goods with a marked shelf life or shelf life, as well as e.g. batteries for electronic devices, seals, etc. Warranty cards, instructions and other documentation attached to the goods may specify such goods or their parts in more detail. Reaching the usual useful life of the goods is not a defect and is considered worn due to normal use according to Article 7.3, paragraph 7.3.2. business terms.
6.17. The seller's liability for defects covered by the quality guarantee also does not arise if these defects were caused by external events after the risk of damage to the goods had passed and were not caused by the seller or persons with the help of which the seller fulfilled his obligation.
6.18. Other rights and obligations of the parties related to the seller's responsibility for defects may be modified by the seller's complaint procedure.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods and is responsible for the risk of damage to the goods after taking over the goods.
7.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
7.3. The seller handles consumer complaints via the email address firstname.lastname@example.org. The seller will send information about handling the buyer's complaint to the buyer's e-mail address.
7.4. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
7.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
7.6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection supervises, among other things, compliance with the Act on Consumer Protectionwithin a defined scope
7.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
8. PROTECTION OF PERSONAL DATA
8.1. Your information obligation towards the buyer in the sense of Art.13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) (hereinafter referred to as the "GDPR Regulation) related to the processing personal data of the buyer for the purpose of fulfilling the purchase contract, for the purpose of negotiating this contract and for the purpose of fulfilling the seller's public obligations, the seller fills in a special document
9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
9.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.
9.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
10. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, MISUSE AND AVAILABILITY OF THE WEBSITE AND WEB INTERFACE OF THE STORE
10.1. The buyer acknowledges that the software and other components making up the website and web interface of the store (including photos of promoted services and/or goods) are protected by copyright. The buyer undertakes to use the website or the web interface of the store exclusively for his needs and not to perform any activity that could allow him or third parties to interfere or use (e.g. store, modify, distribute) the software or other components of the website or the website store interface.
10.2. Access and use of the website and the web interface of the store by the buyer in accordance with the terms and conditions is free of charge.
10.3. The buyer is not authorized to use mechanisms, software or other procedures when using the website and web interface of the store, which could have a negative effect on their operation. The website and web interface of the store can only be used to the extent that does not affect the rights of other buyers and is in accordance with their purpose.
10.4. The seller reserves the right to limit or terminate the operation of the website or the web interface of the store at any time.
10.5. The buyer acknowledges that the seller is not responsible for the smooth, uninterrupted, error-free and secure operation of the website or the web interface of the store. The seller is not responsible for advertising or promotion carried out by any third party on the website or web interface of the store, and is also not responsible for damages resulting from the intervention of third parties in the website or the web interface of the store or as a result of its use contrary to its purpose .
11.1. The buyer can be delivered to the buyer's electronic address or to the postal address specified in the user account or in the order.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible to the buyer.
12.4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
12.5. Seller's contact information: delivery address Rejskova 1979/2, Prague 2 - Vinohrady, 120 00, e-mail address email@example.com, telephone 733691380
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