Business Terms of AMPUL SYSTEM, s.r.o., with its registered office at Čsl. Army 641/40, 78701 Šumperk, ID No. 04887557, VAT No CZ04887557, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 65494 (hereinafter referred to as "Ampul" or "Seller").
I. General provisions
1. These General Business Terms and Conditions (hereinafter referred to as the "Business Terms") were prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter "the NOZ") and Act No. 634/1992 Coll. (hereinafter referred to as the "Law") and other applicable legal regulations.
2. Ampul's internet shop customer is either a consumer within the meaning of Section 2 (1) a) of Act No. 634/1992 Coll. (hereinafter referred to as the "buyer") or the entrepreneur who acts in the course of his / her business activity when concluding and fulfilling the contract. Business terms do not apply to cases where the person who intends to buy the goods from the seller is an entrepreneur ie. is a legal person or person acting in the course of ordering goods in the course of their business or in the exercise of their profession.
3. The Business Terms and Conditions govern, in accordance with the provisions of Section 1751 (1) of the FCY, the mutual rights and obligations arising in connection with or on the basis of a sales contract concluded between the seller and the buyer via the seller's Internet shop. The e-shop is operated by the seller on a web site located at https://www.ampul.eu. (the "Website").
4. By signing the Purchase Agreement, the Buyer agrees to the Terms of Business and the Complaint Rules, which form an integral part of these Terms and Conditions and confirms that they are properly acquainted with them. The Buyer has been notified and has the opportunity to become acquainted with these Terms and Conditions and the Complaint Procedure before the Purchase Agreement is concluded.
5. A provision derogating from the terms and conditions may be negotiated in the purchase contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
6. The Seller acts in the course of its business activity when concluding and fulfilling the purchase contract. Seller is an entrepreneur who delivers goods or services to the Buyer directly or through other entrepreneurs.
7. The seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
II. Purchase contract
1. The proposal for the conclusion of the purchase contract (offer) is the placement of the offered goods by the seller on the site. The contractual relationship between the seller and the buyer arises by delivering the receipt of the order (acceptance), which is sent to the buyer by the seller by e-mail to the buyer's e-mail address. The contract may be altered or canceled only by agreement between the parties or for legal reasons. Seller reserves, among other things, the right to cancel the order or part of it before the purchase contract is concluded in the following cases: the goods are no longer manufactured or delivered or the price of the goods supplier has changed significantly. If the buyer has already paid a portion of the purchase price or the full purchase price, this amount will be refunded.
2. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order by the buyer. The buyer sends the order to the seller by clicking the button "Order with an obligation to pay".
3. No rights of the consumer may be applied to gifts which are provided entirely free of charge. Such goods meet the terms of the gift agreement and are governed by applicable law. The gift agreement is concluded between the seller and the buyer with the condition that if the buyer withdraws from the purchase agreement within 14 days, he is obliged to return the delivered gifts together with the purchased goods to the seller.
4. The Seller reserves the right to cancel the order for goods labeled "Not Currently Available" if the goods can no longer be dispatched or replaced by another model or if its price has changed significantly and the buyer does not accept this before the purchase contract is actually accepted. The seller of the buyer informs the buyer about this situation. If part or all of the order is paid, the buyer will be refunded.
5. In the event that the buyer in the order personally picked up the purchase and purchase price in advance (regardless of the method of payment), the seller when picking up the goods the authorized buyer according to the identity document.
III. Rights from defective performance
1. Rights and obligations regarding rights of defective performance are governed by applicable generally binding legal regulations, in particular the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the NOZ.
2. The Seller shall be liable to the Buyer for the goods to be free from defects. In particular, the seller replies that at the time the buyer took over the goods:
· Has properties that the parties have negotiated and, in the absence of an arrangement, such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
· The goods are fit for the purpose for which the seller indicates or to which goods of this type are normally used,
· The goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
· The goods are in the appropriate quantity, degree or weight, and
· Complies with legal requirements.
3. Where the goods are not listed above, the consumer may also require the supply of new non-defective goods if this is not disproportionate in view of the defect, but where the defect relates only to parts of the goods, the consumer may only require replacement of the part; if this is not possible, it can withdraw from the contract. However, if the fault is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer shall be entitled to a free removal of the defect. The consumer has the right to deliver new goods or to replace parts if a defect can be remedied if he can not properly use the goods for repeated defects after repair or for more defects. In such a case, the consumer has the right to withdraw from the contract.
4. If the consumer does not withdraw from the contract or if he does not exercise the right to deliver new defective, replacement or repaired goods, he may require a reasonable discount. The consumer has the right to a reasonable discount even if the seller can not deliver new non-defective goods, replace parts or repair, as well as if the seller fails to remedy the remedy within a reasonable time or that the remedy for the consumer would cause serious difficulties.
5. Unless a longer period is specified for individual goods, the buyer shall be entitled to exercise the right to a defect that occurs in the case of consumer goods as follows:
a) new goods for a period of twenty-four months from receipt;
b) for unpacked goods, twenty-four months after takeover;
c) in the case of new goods in accordance with § 2168 of the CC within twenty-one months from the takeover; and
d) for used goods in accordance with § 2168 of the Civil Code for a period of twelve months from the takeover.
6. Unless otherwise specified for individual goods, the Seller grants to the person purchasing within its business a quality guarantee of twenty-four months after receipt for new and unpacked goods, twenty-one months after receipt for new goods and twelve months for used goods goods.
7. For the purposes of Article III:
a) unpacked goods shall mean goods which have only been unpacked or have damaged or replacement packaging, such goods not being used and the contents of the package being complete;
b) shall be deemed to be as good as goods which may have been tried or used for a short period of time and may carry aesthetic traces of such use, but such traces shall not affect their usability and the goods shall be fully functional;
c) shall be deemed to be second-hand goods which have been used and bear signs of previous use but are fully functional and all the necessary accessories are always included.
8. The Buyer shall not be entitled to any defective performance if the Buyer knew that he had a defect or if the Buyer himself caused the defect.
9. Article III. paragraph 2. of the Terms and Conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed; wear and tear of the goods caused by normal use; in the case of used goods, a defect corresponding to the level of use or wear that the goods had when they were taken over by the buyer, or if this is due to 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 procedure.
IV. Right of withdrawal
1. If the purchase contract is concluded by means of distance communication (in the online shop), the buyer has the right to withdraw from the contract within 14 days of the receipt of the goods, in accordance with the provisions of § 1829, paragraph 1 of the FCO.
2. Withdrawal from the sales contract must be dispatched to the seller within the time specified in the preceding paragraph and the buyer shall indicate that he / she will withdraw from the contract ideally with the order number, purchase dates and, where applicable, the money account number (s).
3. In order to withdraw from the purchase contract, the buyer may also use the model form provided by the seller, which forms an annex to these terms and conditions. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller's premises or premises or to the seller's e-mail address email@example.com.
4. In the event that buyers withdraw from the contract in accordance with the preceding paragraphs, the seller shall return funds received from the buyer (excluding the amount representing the additional cost of delivering the goods resulting from the purchaser of the chosen means of delivery, which is different from the cheapest standard delivery of the goods offered by the seller ) within 14 days of withdrawal from the buyer's contract in the same way as the seller has accepted from the buyer unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. 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 or shows that the goods have been dispatched to the seller.
5. However, the provisions of the law of withdrawal within the 14-day period can not be understood as the possibility of free-of-charge goods. Buyer, in the event of the right to withdraw from the contract, within 14 days of receipt of the transaction, must give the Seller, within 14 days of the withdrawal of the contract, all that he has obtained on the basis of the purchase contract. If this is no longer possible (for example, in the meantime, the goods have been destroyed or consumed), the buyer must provide a cash refund in return for what can not be issued. If the returned goods are partially damaged, the seller may claim the buyer the right to compensation and count his claim for the returned purchase price and thus return the consumer the reduced purchase price.
6. The right to withdraw from the contract in accordance with Section 1837 of the Buyer shall not, in the case of contracts:
· The provision of services if they were fulfilled with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in that case he has no right to withdraw from the contract,
· The delivery of goods or services the price of which depends on financial market disparities, irrespective of the will of the seller and which may occur during the withdrawal period,
· The supply of alcoholic beverages, which can only be delivered after thirty days, and whose price depends on financial market displacements independent of the seller's will,
· The delivery of goods which has been modified according to the buyer's wishes or for him,
· The delivery of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery,
· Repair or maintenance carried out at a place specified by the buyer at his request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
· The delivery of goods in closed packaging, which the buyer has removed from the packaging and for hygienic reasons it can not be returned (eg shavers, depilators, etc.)
· To deliver an audio or video recording or computer program if it has broken its original packaging,
· The supply of newspapers, periodicals or magazines,
· Accommodation, transportation, meals or leisure time if the seller provides these services within a specified time,
· Awarded on the basis of a public auction under the law governing a public auction, or
· The delivery of digital content if it was not delivered on a physical carrier and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding that he has no right to withdraw from the contract in such a case.
7. In the event of withdrawal, the buyer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods, if such goods cannot be returned by their normal postal nature.
V. Sales receipts
1. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
2. The Seller issues receipts in accordance with the Electronic Record of Electronic Receipt Act, sent by e-mail or in paper form, depending on the chosen payment method and mode of transport.
VI. Gift Certificates
1. Gift certificates are securities issued by the seller and applicable only to the buyer's purchase. The certificate code serves the technical way of realizing the security. In the event of a failure to complete or withdraw from the contract within 14 days, the seller may generate a replacement code for the buyer. Generating a new code does not change the security.
2. Income from the point of view of the Sales Records Act in the case of payment by a gift certificate occurs at the moment of dispatch of the goods to the buyer.
VII. Protection of personal data
1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended (hereinafter referred to as the "ZOOU"). The Seller is registered with the Office for Personal Data Protection under the number 00064886.
2. The Buyer agrees to process and collect his or her personal data in the Seller's database upon successful completion of the Contract, until such time as he / she expresses his / her disapproval of such processing. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, for the purpose of concluding this Agreement, running the website information system, marketing purposes. (collectively referred to as "personal data").
3. The Buyer acknowledges that he is obliged to state his / her personal information correctly and truthfully and that he / she is obliged to inform the Seller of any change in his or her personal data without undue delay. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
4. The buyer has the right to access his / her personal data, the right to have it corrected, including other legal rights to such data. Personal data may be removed from the database upon written request from the buyer. Buyers' personal information is secured against misuse.
5. The Seller may authorize the third party to process the buyer's personal data as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
6. Personal data will be processed indefinitely. Individual contracts are archived after they have been closed by the seller in electronic form and are only accessible to the seller.
7. If the buyer requests information on the processing of his or her personal data, the seller is required to pass on this information. Seller has the right to provide information under the preceding clause to request reasonable compensation not exceeding the costs necessary to provide the information.
8. In the event that the purchaser believes that the seller or processor carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to the purpose of their processing, may:
(a) ask the seller or processor for an explanation,
(b) require the seller or processor to remedy the situation thus created.
VIII. Take-back of electrical appliances
1. The Seller shall ensure the take-back of household electrical appliances and separate collection of WEEE, batteries and accumulators, in accordance with applicable legislation. The customer is entitled to surrender old electrical equipment when purchasing new similar electrical equipment or batteries or accumulators at any vendor's shop. In addition, the seller purchases electrical and electronic equipment from households free of charge in the household.
2. The customer is also entitled to hand over electrical and electronic waste, batteries or accumulators at the collection points of ASEKOL, a.s. listed on its website https://www.asekol.cz/asekol/sberna-mista/. These pages also show the negative effects of substances used in batteries or accumulators, graphic symbols for separate collection, information on the implementation of separate collection and its significance. The customer is also entitled to return electrical and electronic equipment, batteries or accumulators in collectors for collecting the waste in the appropriate municipality.
3. Electrical equipment, electrical waste, batteries and accumulators must not be disposed of together with mixed waste, but must be disposed of in designated locations, ie in collection yards or places to be taken back, eg at the locations mentioned above. These facilities and waste will be further used to produce new equipment. Dangerous and harmful substances from these facilities and waste can harm the environment or human health.
IX. Cost of using remotely communication means
1. Buyer agrees to use distance means of communication when entering into a purchase agreement. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.
X. Sending business messages and storing cookies
1. The buyer agrees to send information related to the seller's goods, services or company to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address.
2. Buyers agree to store cookies on their computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time. Learn more about storing cookies.
XI. Final Provisions
1. Buyers' complaints are handled by the seller through the electronic address firstname.lastname@example.org. Buyer information will be sent to the buyer's electronic address.
2. The Seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of compliance with the Act in a limited scope.
3. These Terms and Conditions apply in the manner stated on the Seller's website on the date of the purchase agreement. Purchaser's order, once confirmed, as a signed contract between the buyer and the seller is archived in order to comply with it and other records and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages as well, unless this is the reason for the impossibility of closing it.
4. In the event of a dispute between the consumer and the seller, the consumer may also have recourse to the out-of-court dispute resolution. In this case, the consumer may contact the body of the out-of-court dispute resolution, which is the Czech Trade Inspection (http://www.coi.cz) and follow the rules outlined there. More information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection. An alternative dispute resolution solution is also available through the on-line form at https://webgate.ec.europa.eu/odr/.
5. How the seller processes the buyer's personal information is described in the Customer Privacy section. The Buyer acknowledges that he / she is obliged to present his / her personal data correctly and truthfully and that he / she is obliged to inform the Seller without undue delay about a change in the original personal data. The Buyer confirms that the personal information provided is accurate.
6. The contract is concluded in the Czech language. If a translation of the contract text arises for the buyer's need, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
These terms and conditions are for purchase in online stores operated by AMPUL SYSTEM, s.r.o. valid and effective from August 09, 2019