"Trade" for the purposes of these terms and conditions and complaints means an online store at the Internet address www.
"Seller" means the operator of the store, name, surname, company name, ID number and registered office of the company specified in before sending the order.
"Goods" means the items and products offered by the Seller for sale in the Store.
"Customer" means a user of the Store who is interested in purchasing a specific Goods.
"Consumer" means any person who enters into a transaction with the Seller through the Trade outside the scope of his business activity or outside the scope of independent performance of his profession. Such Consumer is subject to the arrangements for which it is expressly stated.
"Order" means a completed order form intended for a specific Goods within the electronic order system of the Store.
The abbreviation "Trademark" means Act. No. 89/2012 Coll., Civil Code, as amended.
Purchase of goods
The Customer is entitled to order through the Store and its electronic ordering system the specific Goods he is interested in purchasing. By filling in the registration form of the Store, registering in the Store, filling in any order form within the Store and sending any Order within the Store, the Customer always agrees with these business and complaint conditions for purchasing goods in the Store and processing his personal data in the Order. (see Article XII - Protection of personal data).
The actual publication and offering of the Goods by the Seller in the Store is not yet a proposal for the conclusion of a purchase contract regarding the Goods by the Seller, but only an information publication of the Seller's supply options. Thus, §1732 para. 2 does not apply to the presentation of the Goods through the Store and also to the presentation of the possibility of ordering and purchasing them
Trademark, and such presentation of the Goods in the Store is not a legally effective proposal of the Seller to conclude a contract for such Goods.
Only the delivery of the Customer's Order for the purchase of the given Goods to the Seller is always considered a proposal for the conclusion of a purchase contract by the Customer through the Trade with regard to a specific Goods.
By sending the Order, the Customer always agrees with these terms and conditions and complaints and orders the Goods specified in the Order.
The Seller shall confirm to the Customer the delivery of the Order without undue delay.
Confirmation of delivery of the Order by the Seller is considered acceptance of the proposal to conclude a purchase contract between the Seller and the Customer regarding the specific goods specified in the Order and only at the moment of such confirmation of the Order occurs between the Customer and the Seller
to conclude a purchase contract for a specific ordered Goods.
The content of any purchase contract according to paragraph 6 is always given by the content of the Customer's accepted proposal (order), ie both the subject of purchase and its price, method of delivery and other conditions agreed within the proposal so accepted, while other contractual requirements of such purchase contract are defined by these terms and conditions.
If the Customer has chosen the delivery of the goods within the order by sending it to the address specified by the Customer, the Seller shall send the Goods to
such address after the Goods have been prepared for dispatch by the Seller.
Execution of the Order
To execute a proper Order, the Customer is obliged to fill in all mandatory data in the order electronic system of the Store.
The Customer's delivered Order is considered unaccepted and rejected by the Seller, especially if the Seller notifies the Customer that (i) it does not accept or reject the Order, (ii) the ordered Goods cannot be delivered, or if the Seller does not confirm the Customer's acceptance of the Order according to Art. II point 6 no later than 20 working days from its dispatch by the Customer.
If the ordered Goods can be delivered, but in the meantime the conditions of delivery of the given Goods have changed (the Goods can be delivered at a different price,
quality or design), the Seller is entitled to notify the Customer of this fact with a request to express whether the customer is interested in the Goods for such
conditions, and at the same time providing a period for such a statement.
If the Customer expresses to the Seller pursuant to paragraph 3 within the period specified by the Seller that he is interested in the Goods even under the changed conditions, such notification shall be deemed to be a new Order and shall proceed as for a new Order.
If the Customer does not express in accordance with paragraph 3 within the period specified by the Seller that he is interested in the Goods even under the changed conditions, the expiration of such period in vain shall be considered as cancellation of the Order by the Customer.
The order placed by the Customer is binding for the Customer.
With regard to the Seller's obligation under the Trademark Law, the Seller provides these business and complaint conditions to the Customer with the information necessary to conclude the contract and to properly inform the Customer about the implementation of a specific transaction.
The Seller's identification data are listed in Article I, paragraph 2 of these Terms and Conditions.
The name, main characteristics of the Goods and their price are always stated in the specification of the Goods in the relevant section of the Store, and by the Customer placing an Order regarding such Goods, it indicates that he has already read the description of the Goods and its price in advance.
The price of the Goods within the Store is always stated without taxes and without other fees, unless stated otherwise.
The Customer is obliged to pay the purchase price with the tax applicable to the given Goods or contract
Within the Order and before sending it, the Customer will always be shown and listed the price after adding the relevant taxes (VAT) and after adding other fees and costs (eg fee for ecological disposal according to Act No. 185/2001 Coll., On waste , as amended, and delivery and transport costs).
The Seller does not charge the Customers any costs arising from the use of means of distance communication, and such costs are therefore borne by the Customer himself.
By completing and sending the Order within the order electronic system of the Store, the Customer agrees indefinitely that the Seller may send the Seller's advertising messages to the Customer's address of his stated residence or registered office and that the Seller's business messages may be sent to the Customer's filled in email address. The Customer is entitled to revoke this consent at any time.
The offer of the Goods of the Trade is always valid for the period specified for each specific Goods within the specification of the Goods in the relevant section of the Trade, and if the period of validity of the offer is not stated, the offer of goods is considered valid until revoked or until stocks are exhausted.
Each concluded purchase contract within the transaction is further archived by the Seller within its business and accounting records and at the request of the Customer may be subsequently made available to him after payment of handling costs for such access.
The steps leading to the conclusion of a purchase contract within the Store are generally described in these Terms and Conditions.
The purchase contract can be concluded in the Czech or Slovak language.
As part of ordering any Goods, the Customer is entitled to change the content of the Order or correct errors made in the Order until the final dispatch of the Order.
Delivery of goods
The customer always chooses the method of delivery of the Goods within the completion of the Order, where the price and form of delivery are also specified.
If the Customer does not collect the Goods sent by cash on delivery within the period of its deposit at the post office upon delivery via Czech Post, a.s. or if the Customer does not take over the delivered Goods from the forwarder in case of delivery of the Goods via another carrier, and the Goods will be returned to the Seller, the Seller will store the Goods in its warehouse until the Customer picks it up or before the Seller exercises its right to withdraw from the contract. .
The Customer is obliged to pay the Seller a storage fee of CZK 100 for the storage according to paragraph 2 for each and every week of such storage.
If the Goods are returned to the Seller pursuant to paragraph 2, the Seller is also entitled to withdraw from the purchase contract, such withdrawal does not affect the Seller's right to costs incurred with sending the Goods or the right to storage incurred according to point 3.
1. The customer always chooses the payment conditions within the completion of the Order, where the price and form of payment are also specified.
Withdrawal from the contract and return of goods
(the provisions of this article apply only to the Consumer)
The Consumer has the right to withdraw from the contract concluded through the Trade without giving a reason and without any sanction within 14 days from the day when the Consumer or a third party designated by him (other than the carrier) takes over the Goods.
For the purposes of exercising the right of withdrawal
the Consumer must inform the Seller of his withdrawal from the purchase contract to his address specified in Article I, paragraph 2 in the form of a unilateral legal action (for example, by letter sent through the postal service provider, fax or e-mail). The consumer may use the standard withdrawal form set out in Article XIV below, but this is not his obligation.
In order to comply with the deadline for withdrawal from the purchase contract, it is sufficient to send the withdrawal from the contract before the expiry of the relevant period.
Goods that the Consumer has received and in respect of which he has withdrawn from the contract under paragraph 1 without undue delay, no later than 14 days from the date of withdrawal from this contract, the Consumer is obliged to send back to the seller's address before 14 days.
If the Consumer withdraws from this contract, he will return
The Seller to the Consumer without undue delay, but no later than 14 days from the date of receipt of the returned Goods or after the Consumer proves that he sent the Goods back, whichever comes first, all payments received by the Seller from the Consumer, including delivery costs (excluding additional costs). costs incurred as a result of the method of delivery chosen by the Consumer, which is different from the cheapest method of standard delivery
offered by the Seller). To return payments, the Seller will use the same means of payment that the Consumer used to perform the initial transaction, unless the Consumer expressly specified otherwise. In any case
this will not incur additional costs for the Consumer.
The Consumer acknowledges that in the event of withdrawal from the contract under paragraph 1, he is only responsible for the reduction of the value of the Goods due to handling the Goods in a manner other than necessary to become familiar with the nature and properties of the Goods, including its functionality.
The Consumer acknowledges that in the event of withdrawal from the contract pursuant to paragraph 1, he shall bear the direct costs associated with the return of the Goods.
Pursuant to this article, the Consumer has no right to withdraw from the purchase contract for Goods that have already been delivered to the Consumer, but were previously modified by the Seller in any way according to the Consumer's request or for the Consumer (especially tailored).
The provisions of Article VII do not apply to a Customer who is not a Consumer.
The Consumer is entitled to complain about defects that have occurred on the Goods
within 24 months after receipt of the Goods. The provisions of the previous sentence do not apply and do not apply to a Customer who is not a Consumer, and such Customer is entitled to claim the Goods in accordance with applicable law.
Defects' rights do not apply primarily to defects that were claimed after the expiration of the period under paragraph 1,
originate in the use of the Goods in contravention of the instructions for its use or in conflict with its purpose or usual and intended use,
are caused by illegal or unprofessional interference with the Goods,
were caused by force majeure or other external circumstances not originating in the nature of the Goods.
When exercising the rights from defects, the Customer is obliged to translate the claimed Goods and a copy of the proof of purchase (invoice).
In the case of purchasing the Goods by personal collection from the Seller, the Customer will receive an invoice at the same time as the purchased Goods.
The deadlines for exercising the right from defects start to run from the receipt of the Goods by the Customer.
In the case of delivery of goods by cash on delivery, the Customer is obliged to always inspect the consignment upon receipt and in case of obvious damage noticeable on the surface of the consignment, or obvious and internally recognizable partial losses of the shipment, claim these damages and losses from the delivery service and the Seller. Further handling of the damaged shipment must be performed only in accordance with the Seller's instructions.
If the damage or partial loss of the contents of the shipment is not obvious during its delivery and acceptance by the consignee, the Customer is obliged to notify the Seller of the damage without undue delay, after finding it, but no later than 2 working days from the delivery.
Claims for defects
The consumer has the rights from defective performance according to §2165 et seq. Trademark, while the Seller is also responsible for the quality of the Goods upon receipt according to §2161 of the Trademark. However, the previous sentence does not apply to a Customer who is not a Consumer, and such Customer is entitled to claim the Goods in accordance with applicable law.
The Customer is to exercise the rights arising from defective performance primarily in accordance with §2169 of the Civil Code. However, the previous sentence does not apply to a Customer who is not a Consumer, and such Customer is entitled to claim the Goods in accordance with applicable law.
The Customer shall send the claimed Goods together with a copy of the purchase document (invoice) back to the Seller's address.
In the complaint, the Customer is obliged to provide a detailed description of the claimed defect of the Goods.
Complaints that do not meet the conditions under points 1 and 2 will not be taken into account by the Seller.
The Customer pays for the transport of the claimed Goods.
The claimed Goods cannot be sent to the Seller cash on delivery, for such
the complaint will not be taken into account by the Seller.
Upon receipt of the claimed Goods together with a copy of the invoice will be assessed
The Seller of the claimed Goods with regard to the defects objected to by the Customer.
(Article XI. does not apply to the return of Goods pursuant to Article VII)
In cases not covered by the provisions of Article VII, the Customer is obliged to return the Goods to the Seller if the purchase contract between the Seller and the Customer for a particular Goods terminates, especially in the event of effective withdrawal of any participant from the purchase contract.
If, for any reason other than under Article VII, the Customer is obliged to return the Goods to the Seller, the Customer is obliged to return the Goods to the Seller no later than 20 days from the occurrence of such an obligation.
In the event that the Customer received the Goods from the Seller by personal collection, the Customer is obliged to return the Goods and hand them over to the Seller within the period pursuant to paragraph 2 at the Seller's point of sale, where he previously received the Goods.
In the event that the Customer has received the Goods from the Seller by cash on delivery, the Customer is obliged to return the Goods to the Seller by sending the Goods within the period under paragraph 2 to the Seller's address from which the Goods were sent or handing it over to the Seller within the given period.
The Customer is obliged to hand over the Goods undamaged, clean and with all parts and accessories that were part of the purchase.
In the event of a breach of the obligation pursuant to paragraph 5, the Seller is entitled to charge the Customer an amount corresponding to the reduction
the value of the Goods, which arose as a result of the Customer's handling of the Goods,
direct costs of repairing the Goods in the actual amount of such costs,
8. direct costs of cleaning the Goods,
the price of missing parts or accessories.
The Customer is obliged to pay the billed amounts according to paragraph 6 within 5 days from the notification of such billing to the Customer.
If the Customer is in delay with the return of the Goods, the Seller is entitled to charge the Customer a contractual penalty of 0.1% of the purchase price of the Goods (including VAT), the return of which was invoiced to the Customer when purchasing the Goods, for every day of such delay. The Seller's right to compensation for damages in full is not affected in any way by the payment of the contractual penalty. The customer is obliged to pay the billed contractual penalty within 5 days of notification of its billing.
The Seller shall return to the Customer the purchase price of the Goods previously paid by the Customer (after taking into account any damages and amounts pursuant to paragraph 6) only after the Seller has returned the Goods to the Seller, in respect of which the Customer thus withdrew from the contract.
The provisions of this Article XI. does not apply to cases where the contract is terminated by the withdrawal of the Consumer pursuant to Article VII.
Protection of personal data
In the event that the Customer within the Store, especially when filling out and sending the Order through the order electronic system of the Store, will be requested to provide personal data specified in any form or Order, the Customer acknowledges that he is not obliged to provide such data and their provision is therefore completely voluntary.
However, in the event that the Customer does not provide the requested personal data, the Seller is not obliged to accept the Order, and with regard to the electronic ordering system of the Store, further continuation of the incompletely completed Order may be automatically stopped or terminated.
In the event that the Customer voluntarily decides to provide his personal data to the Seller, the Customer acknowledges that he voluntarily provides his personal data to the extent specified in a specific form or Order to the Seller.
The handling of personal data by the Seller is governed by the rules located at https://www.fler.cz/uzivatel/gdpr, which
the customer has duly acquainted himself / herself before agreeing to these Business and Complaint Conditions.
Completing the registration form of the Store, registering in the Store, filling in any order form within the Store and sending any Order within the Store or establishing other similar electronic communication at a distance with the Seller through the Store is always considered as confirmation of agreement with these terms and conditions. .
The concluded purchase contract as well as all relations arising between the Customer and the Seller when ordering or selling the Goods through the Store are governed by Czech law to the exclusion of conflict of law rules of Czech law.
If the term Customer is used in these business and complaint conditions and it is not explicitly stated that a specific provision applies only to the Consumer, such a provision always applies in full to the Customer who is not a Consumer.
If, in connection with the purchase of the Goods through the Trade, there is a dispute between the seller and the consumer, the consumer has the right to its out-of-court settlement according to Act. No. 634/1992 Coll., on consumer protection, as amended. The consumer is entitled to submit a proposal for out-of-court settlement of a dispute pursuant to the said Act to the Czech Trade Inspection Authority (website: www.coi.cz).
The customer confirms and declares that the consent to these terms and conditions made in particular in accordance with paragraph 1, between the participants is considered written consent (or equal to written consent) and all agreements of terms and conditions as agreed in writing (or built equivalent to a written agreement). Therefore, where the law explicitly requires a written form for such arrangements, it is considered among the participants that these have been duly observed and implemented by agreeing the business and complaint conditions in this electronic form.
The Customer further expressly declares and confirms that in good time before placing the Order of the Goods and also before concluding the contract for the Goods, the Seller has provided the Customer with all information contained in these terms and conditions, fully acquainted with these in advance, and that the contract to the Goods will be on his part
concluded after having been informed in good time before the conclusion of all arrangements, information, statements and warnings set out in these terms and conditions and complaints, and considers these to be clear and comprehensible.
7. The customer declares that he is fully acquainted with the conditions of these business and complaint conditions and has no reservations against their wording and content.