Terms and conditions of AMPUL SYSTEM, s.r.o., with registered office in Čsl. armády 641/40, 78701 Šumperk, ID No. 04887557, VAT No. CZ04887557, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 65494 (hereinafter referred to as "Ampul" or "Seller").
I. General provisions
1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") have been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as "the Act") and other applicable legislation.
2. The customer of the Ampul online shop is either a consumer within the meaning of Section 2(1)(a) of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as the "Buyer") or an entrepreneur who acts within the scope of his/her business activity when concluding and performing the contract. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is an entrepreneur, i.e. a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
3. The Terms and Conditions regulate, in accordance with the provisions of § 1751 (1) of the Civil Code, the mutual rights and obligations arising in connection with or on the basis of the purchase contract concluded between the Seller and the Buyer through the Seller's online store. The online shop is operated by the Seller on the website located at https://www.ampul.eu(hereinafter referred to as the "Website").
4. By concluding the Purchase Contract, the Buyer agrees to the 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 is sufficiently notified of these Terms and Conditions and the Complaints Procedure before the conclusion of the Purchase Contract and has the opportunity to familiarize himself with them.
5. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract shall prevail over the provisions of the terms and conditions.
6. The Seller acts 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 the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
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 delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic 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 before the conclusion of the purchase contract in the following cases: the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. 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 is allowed to check and change the data, that the buyer has entered in the order. The buyer sends the order to the seller by clicking on the "Order with payment obligation"button .
3. Any consumer rights cannot be claimed for gifts that are provided completely free of charge. Such goods meet the conditions of the gift contract and are governed by the applicable legislation. The gift contract is concluded between the Seller and the Buyer with the condition that if the Buyer withdraws from the purchase contract within 14 days, the Buyer is obliged to return the provided gifts together with the purchased goods to the Seller.
4. The Seller reserves the right to cancel the order for goods marked "Currently unavailable" in the event that 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. If 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.
III. Rights from defective performance
1. The rights and obligations regarding rights of defective performance are governed by the applicable generally binding legal provisions, in particular §§ 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the German Civil Code.
2. The seller is 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:
- it has the characteristics agreed between the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose which the seller states for their use or for which goods of that kind are usually used,
- the goods correspond 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,
- the goods are in the appropriate quantity, measure or weight; and
- complies with the requirements of the legislation.
3. If the goods do not have the aforementioned characteristics, the consumer may also demand the delivery of new goods without defects, provided that this is not unreasonable in view of the nature of the defect, but if the defect concerns only a part of the goods, the consumer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer shall have the right to have the defect remedied free of charge. The consumer shall also have the right to the delivery of new goods or the replacement of parts in the case of a removable defect if he cannot use the goods properly because of the recurrence of the defect after repair or because of a greater number of defects. In this case, the consumer also has the right to withdraw from the contract.
4. If the consumer does not withdraw from the contract or does not exercise the right to the delivery of new goods without defects, to the replacement of the component or to the repair, he may demand a reasonable discount. The consumer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace the part or repair the goods, and if the seller fails to remedy the defect within a reasonable time or if it would cause the consumer considerable difficulty 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 to claim for a defect that occurs in the 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 of the German Commercial Code, within twenty-one months of receipt; and
(d) in the case of second-hand goods, in accordance with Section 2168 of the German Civil Code, within twelve months of receipt.
If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
6. Unless otherwise stated for individual goods, the seller provides a guarantee 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 the Terms and Conditions, the following shall apply:
(a) unpacked goods shall be deemed to be goods which have only been unpacked or have damaged or replacement packaging, such goods not having been used and the contents of the packaging complete;
(b)goods shall be deemed to be second-hand goods which may have been tried on 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 which have been used and show signs of previous use but are fully functional and all necessary accessories are always included.
8. The buyer is not entitled to the right of defective performance if the buyer knew that the goods were defective before taking delivery or if the buyer caused the defect.
9. article III, paragraph 2 of the terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed; to the wear and tear of the goods caused by their normal use; in the case of second-hand goods, to the defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer or if this is apparent 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
1. If the purchase contract is concluded by means of distance communication (in an online shop), the buyer 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 § 1829 paragraph 1 of the Civil Code.
2. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous paragraph and the buyer shall state in it that he/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 Buyer may also use the sample form provided by the Seller, which is attached to these Terms and Conditions, to withdraw from the Purchase Contract. The Buyer 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 firstname.lastname@example.org.
4. In the event that the Buyer withdraws from the Contract pursuant to the preceding paragraphs, the Seller shall return the funds received from the Buyer (except for the amount representing the additional costs of delivery of the goods incurred as a result of the Buyer'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 Buyer's withdrawal from the Purchase Contract, in the same manner as the Seller is paid by the Buyer.ijal, unless the buyer specifies otherwise. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5. However, the Act's provision for withdrawal from the contract within 14 days cannot be construed as an option to lend the goods free of charge. If the buyer exercises his right of withdrawal within 14 days of receipt of the goods, he must, within 14 days of withdrawal, hand over to the seller everything he has received under the contract of sale. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the buyer 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 buyer and set off his claim against the returned purchase price and thus reimburse the consumer for the reduced purchase price.
6. The buyer does not have the right to withdraw from the contract in accordance with § 1837 of the German Civil Code, in particular in the case of contracts:
- for the provision of services, if they have been performed with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
- 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,
- the delivery of alcoholic beverages which may be delivered after the expiry of the 30-day period and the price of which depends on financial market fluctuations independent of the seller's will,
- the delivery of goods which have been adapted to the purchaser's wishes or to his person,
- the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
- repair or maintenance carried out at a place designated by the buyer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
- the delivery of goods in sealed packaging which have been removed from the packaging by the purchaser and cannot be returned for hygiene reasons (e.g. shavers, depilatories, etc.)
- the delivery of an audio or visual recording or computer program if the original packaging has been damaged,
- the delivery of newspapers, periodicals or magazines,
- accommodation, transport, catering or leisure, provided that the seller provides these services within the specified time,
- concluded on the basis of a public auction pursuant to the law governing public auctions, or
- 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 buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in this 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
Under the Sales Records Act, the seller is obliged to issue a receipt to the buyer. He is also obliged to register the revenue received with the tax administrator online; in the event of a 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
Gift certificates are securities issued by the Seller and are only redeemable 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 within the 14-day period, the Seller may generate a replacement code for the Buyer. The possible generation of a new code does not change the valuables.
2. The moment of sale for the purposes of the Sales Register Act in the case of payment by gift certificate occurs at the moment of dispatch of the goods to the buyer.
VII. Protection of personal data
1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the "PPA"). The seller is registered with the Office for Personal Data Protection under the number 00064886.
2. By entering into the Purchase Agreement, the Buyer agrees to the processing and collection of his/her personal data in the Seller's database after the successful execution of the Contract, until the Buyer expresses his/her disagreement with this processing in writing. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number, for the purpose of concluding this Agreement, operating the website information system, enforcing the rights under the Purchase Agreement and for marketing purposes (hereinafter collectively referred to as "personal data").
3. The Buyer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data. The Buyer confirms that the personal data provided is accurate and that the Buyer has been advised that this is a voluntary provision of personal data.
4. The Buyer has the right of access to his/her personal data, the right to rectification, including other legal rights in relation to such data. Personal data may be removed from the database upon written request of the purchaser. Buyers' personal data is secured against misuse.
5. The Seller may entrust a third party as a processor to process the Buyer's personal data. Except for the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
6. Personal data will be processed for an indefinite period of time. Individual contracts are archived by the Seller after their conclusion in electronic form and are only accessible to the Seller.
7. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
8. Should the Buyer believe that the Seller or the Processor is processing his/her personal data in a way that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he/she may:
(a) request an explanation from the seller or processor,
(b) require the seller or processor to erase the personal data thus...and the state of affairs.
VIII. 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 customer is 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 take-back of similar electrical equipment from households free of charge directly at the household when purchasing electrical equipment.
2. The Customer is also entitled to hand in electrical equipment, electrical waste or batteries or accumulators at ASEKOL, a.s. collection points listed on its website https://www.asekol.cz/asekol/sberna-mista/. 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 customer 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.
IX. Costs of using means of distance communication
1. The buyer agrees to the use of remote communication means in concluding 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.
X. Sending commercial communications and storage of cookies
1. The Buyer agrees to the sending of information related to the order, services or company of the Seller to the Buyer's e-mail address.
2. The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw his consent according to the previous sentence at any time. For more information on the storage of cookies.
XI. Final provisions
1. Relations and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic.
2. The Seller is entitled to sell the 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.
3. 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 the Czech language, or in other languages if this is not necessary.due to the impossibility of its closure.
4. In the event of a dispute between the consumer buyer and the seller, the consumer may also use the possibility of out-of-court dispute resolution. In such a case, the buying 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 Czech Trade Inspection website. It is also possible to initiate alternative dispute resolution via the online form at https://webgate.ec.europa.eu/odr/.
5. How the Seller processes the Buyer's personal data is described in the section Protection of Customer Personal Data. The Buyer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data. The Buyer confirms that the personal data provided is accurate.
6. The contract is concluded in the Czech language. If a translation of the text of the contract arises for the Buyer, 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 valid and effective for purchases in online shops operated by AMPUL SYSTEM, s.r.o. from 09 November 2019.