Terms and conditions of business of the Internet company AMPUL SYSTEM s.r.o., ID No.: 048 87 557, VAT No.: CZ04887557, with registered office in Čsl. armády 641/40, Šumperk, 787 01, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 65494 (hereinafter referred to as "AMPUL", "Seller" or "AMPUL SYSTEM s.r.o.").
I. General Provisions
1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") have been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "the CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as "the Act"), and other effective legal regulations.
2. A customer of the AMPUL online shop is either: i) a consumer within the meaning of Section 2(1)(a) of the Act (hereinafter referred to as "Consumer"), ii) a person other than a consumer (these two types of customers are hereinafter referred to as "Purchaser").
3. These Terms and Conditions regulate, in accordance with the provisions of Section 1751(1) of the CC, the mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer through the Seller's online shop. The online shop is operated by the Seller on the website located at https://www.ampul.eu.
4. By concluding the Purchase Contract, the Buyer agrees to these Terms and Conditions and the Complaints Procedure, which is an integral part of these Terms and Conditions, and confirms that he/she is duly acquainted with them. The Buyer shall be sufficiently informed of these Terms and Conditions and the Complaints Procedure and shall have the opportunity to familiarise himself with them prior to the conclusion of the Purchase Contract.
5. Provisions deviating from these terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract shall prevail over the provisions of these terms and conditions.
6. The Seller shall act within the scope of his business when concluding and performing the Purchase Contract. The Seller is an entrepreneur who directly or through other entrepreneurs supplies goods or services to the Buyer.
7. The Seller may change or supplement the wording of these 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.
II. Purchase contract
1. The offer to conclude a purchase contract (offer) is the placement of the offered goods by the seller on the website. 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 Buyer's e-mail address. The resulting contract may only be amended or cancelled by agreement of the parties or on the basis of legal grounds. The Seller reserves the right, inter alia, to cancel the order or part of it if: i) the goods are no longer manufactured, ii) the goods are no longer delivered, iii) the price of the supplier of the goods has changed significantly, or iv) the goods display a manifestly erroneous price on the Seller's website. If the buyer has already paid part or all of the purchase price, this amount will be refunded.
2. Before sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order. The Buyer shall send the order to the Seller by clicking on the "Send Order" button.
3. Any rights of the buyer cannot be exercised for gifts that are provided completely free of charge. Such goods meet the conditions of a gift contract and are governed by the current and effective legislation for gift contracts. The gift contract is concluded between the seller and the consumer with the condition that if the consumer withdraws from the purchase contract within the 14-day period pursuant to Section 1829(1) of the Civil Code, the consumer is obliged to return the gifts provided together with the purchased goods to the seller.
4. The Seller reserves the right to cancel the order for goods marked "Currently unavailable" if the goods can no longer be delivered or replaced by another model or if their price has changed significantly and the Buyer does not accept this before the actual formation of the purchase contract. The Seller shall inform the Buyer of this situation. If part or all of the order has been paid, the money will be refunded to the buyer.
5. In case the Buyer selects in the Order a combination of personal pick-up at the Seller's shop and payment of the purchase price in advance (regardless of the method of payment), the Seller is entitled to verify the Buyer's identity according to the identity document when picking up the goods.
6. The prices of goods and services offered through the Seller's online shop are quoted for countries in the European Union, including value added tax and all related fees.
7. In countries outside the European Union, additional charges (VAT, CUSTOMS DUTY) may apply. For more information on these costs, please contact the tax and customs authorities in your country.
8. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is liable for value added tax. The Seller shall issue a tax document - invoice in accordance with the conditions set out in Act No 235/2004 Coll., on value added tax, as amended, within 15 days of the date of delivery of the goods and shall send it to the Buyer in electronic form, to which the Buyer agrees.
9. If the Seller has not sent the Buyer a warranty certificate, the tax document sent by the Seller to the Buyer in accordance with paragraph 8) above shall serve as the warranty certificate.
III. Rights arising from defective performance
1. The rights and obligations regarding rights of defective performance are governed by the applicable generally binding legal provisions, in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 CC.
2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable that at the time the buyer took over the goods:
(a) it has the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
(b) the goods are fit for the purpose stated by the seller or for which goods of that kind are usually used,
(c) the goods conform in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) the goods are of the appropriate quantity, measure or weight, and
(e) they comply with the requirements of the law.
3. If the goods do not have the aforementioned characteristics, the buyer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the goods, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
4. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of a part or to repair, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, to replace a part of the goods or to repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulties to remedy the defect.
5. Unless a longer period of time is specified for the individual goods, the buyer is entitled to exercise the right of a defect that occurs in consumer goods as follows:
(a) for new goods within twenty-four months of receipt;
(b) for unpacked goods within twenty-four months of receipt;
(c) for replacement goods in accordance with section 2168 CC within twenty-one months of receipt; and for used goods in accordance with section 2168 CC within twelve months of receipt.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt.
6. Unless otherwise specified for individual goods, the seller provides a warranty of quality to the person purchasing in the course of his business for a period of twenty-four months from receipt for new and unpacked goods, twenty-one months from receipt for replacement goods and twelve months for used goods.
7. For the purposes of Article III, paragraphs 5 and 6. of these Terms and Conditions, the following shall be deemed to be:
(a) unpacked goods shall be deemed to be those goods which have only been unpacked or have damaged or replacement packaging and such goods have not been used and the contents of the packaging are complete;
(b) second-hand goods shall be deemed to be those goods which may have been tested or used for a short period of time and may bear aesthetic traces of such use, but such traces do not affect usability and the goods are fully functional;
c) used goods are those goods which have been used and bear the marks of previous use but are fully functional and all necessary accessories are always included.
9. article III, paragraph 2 of these terms and conditions shall not apply: i) in the case of goods sold at a lower price, to the defect for which the lower price was agreed, ii) to wear and tear caused by normal use, iii) in the case of second-hand goods, to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or iv) if this results from the nature of the goods.
10. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's Complaints Regulations.
IV. Right of withdrawal from the contract
If the purchase contract is concluded by means of distance communication (online shop), the consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving any reason, in accordance with the provisions of Section 1829(1) of the Civil Code.
2. The withdrawal from the purchase contract must be sent to the seller within the time limit specified in the preceding paragraph and the consumer shall state in it that he or she is withdrawing from the contract, ideally with the order number, date of purchase and, if applicable, the account number for the refund.
3. The consumer may also use the electronic form provided by the Seller, which is attached to these Terms and Conditions, to withdraw from the purchase contract. The consumer may send the withdrawal from the purchase contract, inter alia, to the address of the Seller's registered office or business premises or to the Seller's e-mail address [email protected]
4. In the event that the consumer withdraws from the contract pursuant to the preceding paragraphs, the Seller shall return the funds received from the consumer (except for the amount representing the additional costs of delivery of the goods incurred as a result of the consumer's chosen method of delivery of the goods, which is different from the cheapest method of standard delivery of the goods offered by the Seller) within 14 days of the consumer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the consumer, unless the consumer specifies otherwise. The Seller is also entitled to return the performance provided by the Consumer upon return of the goods by the Consumer or in another way, provided that the Consumer agrees to this and no additional costs are incurred by the Consumer. If the consumer withdraws from the purchase contract, the seller is not obliged to return the funds received to the consumer before the consumer returns the goods to the seller or proves that he has sent the goods to the seller.
5. However, the provision of the CC on withdrawal from the contract within 14 days pursuant to Section 1829(1) CC cannot be understood as a possibility to lend the goods free of charge. If the consumer exercises the right of withdrawal within 14 days of receipt of the goods pursuant to section 1829(1) CC, he must, within 14 days of withdrawal, hand over to the seller everything he has received under the contract in question, including, for example, gifts. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are partially damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price and reimburse the consumer for the reduced purchase price in accordance with § 1833 CC.
6. The consumer does not have the right to withdraw from the contract in accordance with Section 1837 CC, in particular in the case of contracts:
(a) for the provision of services, if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the seller has informed the consumer prior to the conclusion of the contract that in such a case the consumer has no right to withdraw from the contract,
(b) for the supply of goods or services, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
(c) for the supply of alcoholic beverages, which may not be delivered until after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the seller's will,
d) the delivery of goods which have been customised by or for the consumer,
e) the delivery of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
f) the repair or maintenance carried out at a place designated by the consumer at his request; However, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
g) the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons (e.g. shavers, depilatories, etc.),
h) for the supply of an audio or visual recording or a computer program, if the original packaging has been broken,
i) for the supply of newspapers, periodicals or magazines,
j) for accommodation, transport, catering or leisure activities, if the seller provides these services within a specified period,
k) concluded on the basis of a public auction pursuant to the law governing public auctions, or
(l) for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the seller has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal.
7. In the event of withdrawal from the contract, the buyer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if they cannot be returned by the usual postal route due to their nature.
V. Recording of sales
Pursuant to Act No. 112/2016 Coll., on the recording of sales, as amended (hereinafter referred to as the "Sales Recording Act"), the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator on-line; in case of technical failure, within 48 hours at the latest.
2. The Seller issues receipts according to the Act on Sales Records in electronic form sent by e-mail or in paper form depending on the chosen payment method and method of transport.
VI. Gift certificates
1. Gift certificates are securities issued by the Seller and redeemable only for purchases from the Seller. The code on the certificate is used for the technical method of realisation of the valuables. In the event of non-completion of the purchase or withdrawal by the consumer within the 14-day period pursuant to Section 1829(1) CC, the seller may generate a replacement code for the consumer. Any generation of a new code does not result in a change of the valuation.
2. The moment of sale in terms of the Sales Records Act in the case of payment by gift certificate occurs at the moment of dispatch of the goods to the buyer.
VII. Take-back of electrical appliances
1. The Seller shall ensure the take-back of electrical equipment from households and the separate collection of electrical waste, batteries and accumulators, in accordance with the relevant legislation. The Buyer shall be entitled to hand over old electrical equipment when purchasing new similar electrical equipment or batteries or accumulators at any of the Seller's outlets. The Seller shall also arrange for the return of similar electrical equipment from the Buyer free of charge at the Buyer's home when purchasing electrical equipment.
2. The Buyer is also entitled to hand over electrical equipment, electrical waste or batteries or accumulators at collection points of ASEKOL a.s., registered office: 273 73 231, with registered office Československého exilu 2062/8, Modřany, 143 00 Praha 4, registered in the Commercial Register kept by the Municipal Court in Prague, Section B, Insert 19943, listed on its website http://www.asekol.cz/asekol/. This website also lists the negative effects of substances used in batteries or accumulators, graphic symbols for separate collection, information on the implementation of separate collection and its importance. The purchaser is also entitled to return electrical equipment, electrical waste or batteries or accumulators to the collection points designated for the collection of that waste in the municipality concerned.
Electrical equipment, e-waste, batteries or accumulators must not be disposed of with mixed waste, but must be deposited in designated places, i.e. collection yards or take-back points, e.g. the places mentioned above. The equipment and waste in question will be further used to produce new equipment. Hazardous and harmful substances from such equipment and waste may harm the environment or human health.
VIII. Costs of using means of distance communication
1. The Purchaser agrees to the use of remote communication means in the conclusion of the Purchase Contract. Costs incurred by the buyer in using distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer.
IX. Contributions to public collections
1. If the Buyer chooses during the purchase from the Seller that he wishes to contribute to a public collection held by a third party in which the Seller participates, a donation contract between the Buyer and the Seller shall be concluded at the same time between the Buyer and the person holding the public collection at the moment of conclusion of the purchase contract. The person holding the public collection, as well as information about the collection, its purpose and registration, is indicated at the respective collection.
2. The buyer's contribution to the public collection is transferred in full by the seller to the relevant collection account. The person holding the public collection is responsible for using the proceeds to fulfil the purpose of the collection.
3. The contribution to the collection is non-refundable. The provisions of Article IV of these Terms and Conditions shall not apply.
X. Final provisions
1. The Seller shall handle Buyer complaints via the electronic address [email protected] The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
2. How the Seller processes the Buyer's personal data is described in the section Protection of Customer Personal Data. The Buyer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data. The Buyer confirms that the personal data provided is accurate.
3. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Act within a defined scope.
4. These Terms and Conditions are valid as published on the Seller's website on the date of conclusion of the Purchase Agreement. The Buyer's order is archived after its confirmation as a concluded contract between the Buyer and the Seller for the purpose of its fulfilment and further registration and its status is accessible to the Buyer. The contract may be concluded in Czech, or in other languages, unless this is the reason for the impossibility of its conclusion.
5. In the event of a dispute between the consumer and the seller, the consumer may also use the possibility of out-of-court dispute resolution. In this case, the consumer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (http://www.coi.cz) and follow the rules set out there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority. It is also possible to initiate alternative dispute resolution via the online form at https://webgate.ec.europa.eu/odr/.
These terms and conditions are valid and effective for purchases in online shops operated by AMPUL SYSTEM s.r.o. from 10 October 2021.