Terms and Conditions of OPAquatics e-shop
The e-shop operator is: Pavel Ottl
Fakturační adresa: Address:
Identification number: 08536988 zapsaný v živnostenském rejstříku vedeném městským úřadem Benešov, č.j. ŽÚ/2931/2020/3.
These Terms and Conditions govern the purchase of goods made via the e-shop located on the website www.opaquatics.cz.
1. PRELIMINARY PROVISIONS
1.1 These Terms of Business (hereinafter referred to as "Business Terms") of the e-shop located on the website www.opaquatics.cz, based in Neumannova, 1664, 25601 Benešov, Czech Republic
Identification number: 08536988, zapsané v živnostenském rejstříku vedeném Městským úřadem Benešov, č. j. ŽÚ/2931/2020/3 (hereinafter referred to as "Seller"), in accordance with the provisions of Section 1751, Act no. 89/2012 Coll., Civil Code, (hereinafter referred to as "Civil Code") regulate the mutual rights and obligations of the contracting parties arising on the basis of, or in relation to a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's internet store. The internet store is operated by the Seller at www.opaquatics.cz (hereinafter referred to as "the Website"), via a website interface (hereinafter referred to as the "web interface of the e-shop").
1.2 Business Terms do not apply to cases where an entity who intends to purchase goods from the Seller acts within its business activities when ordering goods.
1.3 Provisions deviating from the Terms and Conditions may be negotiated in the sales contract. Deviating arrangements in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Business Terms in the wording published on the website at the time the purchase agreement is concluded are always an integral part of the puchase agreement, and, by ordering goods, each buyer confirms their binding nature on the contractual relationship established by the purchase agreement. The purchase agreement and the Business Terms are written in the Czech language for domestic stores and in English for the EU.
1.5 The seller may amend, or supplement the wording of the Business Terms. These changes do not apply to the rights and obligations which arised prior to the effect of the changes. Any such change will be effective upon publishing on OPAquatics.cz.
2. USER ACCOUNT
2.1 Based on the Buyer's registration made on the Website, the Buyer may access their user interface. From their interface, the buyer can perform the ordering of goods (hereinafter referred to as the "User Account"). If the web interface of the eshop allows it, the Buyer may also perform the ordering of goods without registration, directly from the user interface of the eshop.
2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the User Account in time of any change. The information provided by the Buyer in the User Account and wher ordering goods is considered correct by the Seller.
2.3 Access to the Buyer's account is secured by their username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4 The Buyer is not entitled to permit third parties to use the User Account.
2.5 The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 12 months , or if the Buyer breaches their obligation from the Purchase Contract (including the Business Terms).
2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
3. CONCLUDING A PURCHASE CONTRACT
3.1 The web interface of the store contains information about goods, including the prices of individual goods. The goods prices are specified including all related fees, with the exception of the costs for delivering the goods (shipping, postage).
3.2 The goods prices and offer of goods shall remain valid for as long as they are displayed in the web interface of the store. This provision does not restrict the possibility of seller to conclude a purchase agreement for individually negotiated terms.
3.3 The web interface of the eshop also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with the delivery may change depending on the chosen transport method.
3.4 To order the goods, the Buyer shall fill in the order form in the web interface of the e-shop. In particular, the order form contains information about:
3.4.1 ordered goods (the buyer shall "enter" the ordered goods into the electronic shopping cart of the web interface of the e-shop),
3.4.. the method of payment of the purchase price of the goods, data about the requested method of delivery of the ordered goods,
3.4.3 information on the costs associated with the delivery of the goods (hereinafter jointly referred to as the "Order").
3.5 Before sending the Order to the Seller, the buyer will be able to check and change the data the the Buyer entered into the Order, even in view of the possibility of the buyer to ascertain and correct errors arising from entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "Confirm order" button. Sending an order shall be considered conduct on the part of the buyer which undoubtedly identifies the ordered goods, the purchase price, the buyer, the method of payment of the purchase price, i.e. it is a binding proposal by the buyer to conclude a purchase contract. The condition of the validity of the order is to fill in all required data in the order form, familiarization with these commercial terms on the website and confirmation by the buyer that he or she has become acquainted with these commercial terms, which the buyer does by sending the order. The information given in the order is considered correct by the Seller. The contractual relationship between the seller and the buyer shall be established upon the delivery of order acceptance, which shall be sent by the seller to the buyer via email to the email address of the buyer specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 Depending on the nature of the order (quantity of goods, purchase price amount, expected transportation costs), the seller shall always be entitled to request from the buyer an additional order confirmation (for example in writing or over the phone).
3.7 Sending an order shall be considered conduct on the part of the buyer which undoubtedly identifies the ordered goods, the purchase price, the buyer, the method of payment of the purchase price, i.e. it is a binding proposal by the buyer to conclude a purchase contract. The condition of the validity of the order is to fill in all required data in the order form, familiarization with these Business Terms on the website and confirmation by the buyer that he or she has become acquainted with these Business Terms, which the Buyer does by sending the order.
3.8 The contractual relationship between the seller and the buyer shall be established upon the delivery of order acceptance, which shall be sent by the seller to the buyer via email to the email address of the buyer specified in the user interface.
3.9 Depending on the nature of the order (quantity of goods, purchase price amount, expected transportation costs), the seller shall always be entitled to request from the buyer an additional order confirmation (for example in writing or over the phone).
3.10 In the event that the seller is unable to fulfil some of the requirements specified in the order, the seller shall send to the buyer to the buyer’s email address a changed offer with a specification of possible order alternatives and shall request the opinion of the buyer.
3.11 The changed offer shall be considered as a new purchase contract proposal and in such a case the purchase contract shall only be concluded upon acceptance by the buyer via email.
3.12 The buyer agrees to the use of remote means of communication when concluding a purchase contract. Costs incurred by the buyer using remote means of communication in connection with the conclusion of a purchase contract (the cost for an Internet connection, the cost of telephone calls) shall be borne by the buyer, and these costs are not different from the base rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods pursuant to the Purchase Contract in the following ways:
- cashless prepayment via the payment system GoPay;
4.2 Together with the purchase price, the Buyer shall be obliged to also pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless expressly specified otherwise, the costs associated with the delivery of the goods shall also be understood as part of the purchase price.
4.3 The Seller does not require a deposit or other similar payment form the Buyer. This shall not affect the provisions of Article 4.5, Business Terms, regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.5 The Seller shall be entitled, especially in the event that the buyer does additionally conform order (Article 3.6.), to request payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1, Civil Code, shall not apply.
4.6 Potential discounts fromthe price of goods provided by the Seller to Buyer can not be combined with each other.
4.8 The seller je plátcem daně z přidané hodnoty.
5. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
5.1 The buyer acknowledges that pursuant to the provisions of Section 1837, Civil Code, among other things it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the wishes of the buyer, as well as goods subject to rapid deterioration, wear or obsolescence, from a purchase contract on the delivery of goods in a sealed package which the consumer removed from the packaging and cannot be returned for hygienic reasons.
5.2 If this does not concern the case specified in Article 5.1, Business Terms, or a different case wherein it is not possible to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1, Civil Code, the buyer shall be entitled to withdraw from the Purchase Contract within a period of fourteen (14) days from the day goods were recieved. In the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this deadline shall run from the date of takeover of the last delivery of the goods. The withdrawal form provided by the Seller at the bottom of the page can be used. The buyer can send the withdrawal to address of the Seller or via email to email@example.com. firstname.lastname@example.org.
5.3 In the event of withdrawal from the purchase contract in compliance with Article 8.2., the purchase contract shall be terminated from its inception. The goods must be delivered to the Seller within fourteen (14) working days since the withdrawal from the purchase contract. In the event of withdrawal from the agreement, the buyer shall bear the costs for transport of the returned goods back to the seller, even if the goods cannot be retuned due to their nature via post.
5.4 In case of withdrawal from the contract in compliance with 5.2., the Seller will return all monetary funds to the Buyer no later than fourteen (14) days from the withdrawal by cashless payment to a bank account given by the Buyer. The seller shall also be entitled to return fulfilment provided by the buyer during the return of the goods by the buyer, or in a different manner, if the buyer agrees therewith and does not incur additional costs therefrom. If the buyer withdraws from the purchase contract, the seller shall not be obliged to return the received funds to the buyer before the buyer returns the goods or proves that he or she sent the goods to the seller.
5.5 The seller shall be entitled to unilaterally offset the entitlement to compensation for incurred damages against the entitlement of the buyer to the return of the purchase price.
5.6 Within 10 (ten) days from the return of the goods by the buyer, the seller shall be entitled to review the returned goods, in particular for the purpose of ascertaining if the returned goods are damaged, depreciated or partially consumed.
5.7 The buyer acknowledges that if goods returned by the buyer are damaged, depreciated or partially consumed, an entitlement shall be established for the seller toward the buyer for compensation of costs incurred to the seller therefrom. The seller shall be entitled to unilaterally offset the entitlement to compensation for incurred damages against the entitlement of the buyer to the return of the purchase price.
5.8 Until the goods are received by the buyer, the seller shall be entitled to withdraw at any time from the purchase contract. In such a case the seller shall immediately return to the buyer the purchase price via a bank transfer to the account determined by the buyer.
5.9 If a gift is provided alongside the goods to the buyer, a gift agreement between the seller and the buyer shall be concluded with a condition subsequent that if the buyers withdraws from the purchase agreement, the gift agreement regarding such a gift shall no longer be effective and the buyer shall be obliged to return the gift along with the goods to the seller.
5.10 In the event of withdrawal from the purchase contract, the buyer shall bear the costs associated with the return of the goods, and with regard to an agreement concluded via remote means of communication, then also the costs for the return of the goods, if such goods cannot be returned due to their nature by post.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1 The seller determines the method of delivering the goods, unless specified otherwise in the purchase contract. In the event that the mode of transportation is agreed on the basis of the buyer’s special request, the buyer shall bear the risk and any additional costs associated with this method of transport. If the seller is required to send the goods pursuant to the purchase contract, the seller shall submit the item to the buyer by transferring it to the first carrier for transport for the buyer pursuant to Section 2090, Civil Code.
6.2 If, pursuant to the purchase contract, the seller is obliged to deliver the goods to a location determined by the buyer in the order, the buyer shall be obliged to take over the goods upon their delivery.
6.3 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a manner other than what was specified in the order, the buyer shall be obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
6.4 Upon takeover of the goods from the carrier, the buyer shall be obliged to check that the packaging of the goods has not been breached an in the event of any defects, to immediately inform the carrier of such a fact (i.e. to the deliverer of the goods from which the buyer receives the goods). In the event that the packaging has been breached indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery sheet or confirmation of the takeover of the goods, the buyer confirms that the packages containing the goods was not breached.
6.5 Risk of damage to the goods is transferred to the buyer upon the takeover of the item; the risk of damage is also transferred if the buyer does not take over the item even though the seller allowed the buyer to handle it and the buyer breaches the purchase contract by not taking over the goods.
7. RIGHT FROM DEFECTIVE FULFILMENT
7.1 The rights and obligations of the contracting parties from defective fulfilment are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 Civil Code). The buyer shall be entitled to exercise a right from a goods defect that occur to the goods within 24 months of takeover (seller’s quality warranty). The right from defective fulfilment shall not pertain to the buyer if the buyer knew before taking over the goods that the goods were defective or that the buyer caused the defect to the goods.
7.2 The Seller is liable to the Buyer that the item will be without any defects at the time is is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
7.2.1 The goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the goods, and on the basis of the advertisement of the goods,
7.2.2 the goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of goods is generally used,
7.2.3 the goods are provided in the appropriate quantity, size and/or weight and
7.2.4 the goods are in compliance with the requirements laid down in legal regulations.
7.3 If the goods have a defect the nature of which is a significant breach of the purchase contract, the buyer shall be entitled to request, based on his or her own consideration:
7.3.1 removal of the defect via the delivery of new goods without a defect (exchange damaged goods for new goods), so long as this is not unreasonable given the nature of the defect, or the delivery of missing goods or
7.3.2 removal of a defect via the repair of the goods or
7.3.3 a reasonable discount on the purchase price or
7.3.4 withdraw from the agreement.
7.4 If the goods have a defect the nature of which is an insignificant breach of the purchase contract, the buyer shall be entitled to removal of the defect, or to a reasonable discount on the purchase price for goods. Instead of removal of the defect, the buyer may request a reasonable discount on the purchase price or withdraw from the purchase contract if the seller does not remove the defect on time or refuses to remove it, if the defect cannot be removed, or if the buyer cannot use the goods for repeated occurrence of the defect after repair or a higher number of defects.
7.5 The provisions specified in Article 7.2, Business Terms, shall not be used for goods sold at a lower price for a defect for which the lower price was agreed, for depreciation of goods caused by their normal use, for used goods for a defect corresponding to the level of use or depreciation that the goods had when they were taken over by the buyer, or if this arises from the nature of the goods.
7.6 If a defect manifests during the course of six months from the takeover, it shall be considered that the goods were defective when they were received.
7.7 The buyer shall exercise rights from defective fulfilment with the seller via e-mail to email@example.com firstname.lastname@example.org.
7.8 Other rights and obligations of the Parties relating to the responsibility of the seller for a defect are regulated by the Claims Procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The buyer shall acquire ownership of the goods upon paying the full purchase price for the goods.
8.2 The seller is not bound in relation to the buyer to any codes of conduct pursuant to the provisions of Section 1826, paragraph 1, letter e) Civil Code.
8.3 In the event that a consumer that a consumer dispute occurs between the seller and the buyer (consumer) from the Purchase Contract that cannot be resolved via mutual agreement, the consumer may submit a proposal for resolving such a dispute out of court. The Czech Trade Inspection, registered office: Štěpánská 567/15, 120 00 Prague 2, Company Id No: 000 20 869, internet address: www.coi.cz, is the relevant authority for resolving out of court consumer disputes rom the purchase contract. The consumer may also use the online platform resolving disputes,which is established by the European Commission at address ec.europa.eu/consumers/odr/. The Seller recommends that the buyer first uses email communication with the seller for resolving situations that have occurred.
8.4 The seller shall be entitled to sell goods on the basis of a trade licence. The trade license inspection is carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, within a defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The buyer hereby assumes the risk of changes in circumstances pursuant to Section 1765, paragraph 2, Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 With regard to the protection and processing of personal data of the buyer by the seller, these conditions for the protection of personal data shall be used..
10. BASIC COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The buyer agrees to the sending of information related to the goods, services or business of the seller to the buyer’s email address and also agrees to the sending of the seller’s commercial communications to the buyer’s email address.
10.2 The buyer agrees with storing cookies on his or her computer. If it is possible to make a purchase on the website and fulfil the obligations of the seller from the purchase agreement without storing cookies on the buyer’s computer, the buyer may revoke the consent given in the previous sentence at any time.
11.1 Unless agreed otherwise, all correspondence relating to the purchase agreement must be delivered to the other Contracting Party in writing by e-mail, in person or by registered mail through a postal service provider (according to the sender’s choice). Deliveries shall be made to the buyer to the email address which he or she input in the shop interface.
11.2 Delivered shall also be considered notifications that the addressee refused to takeover, which were not picked up during the storage period, or which were returned as undeliverable.
11.3 The Contracting Parties may send regular correspondence to each other via e-mail, namely to the e-mail address specified in the user account of the buyer or specified by the buyer in an order, or to the address specified on seller’s website. The seller’s mailing address is: Pavel Ottl, Neumannova 1664, 256 01, Benešov.
12. CLOSING 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, especially by the Civil Code. This shall not affect the consumer’s rights under generally binding legal regulations.
12.2 If any of the provisions of the Commercial Terms are invalid or ineffective or become invalid or ineffective, the invalid provisions shall be replaced by provisions whose purpose is as close as possible to that of the invalid provision. The invalidity and ineffectiveness of such a provision shall not affect the validity of the other provisions.
12.3 The purchase contract and the Business Terms are archived by the seller in electronic form and are not accessible.
12.4 Annexes to the Business Terms are a sample form for withdrawal from the purchase agreement, the Claims Procedure and the Claims Form.
12.5 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, especially the Civil Code. This shall not affect the consumer’s rights under generally binding legal regulations.
12.6 The contact information of the seller: Delivery address: Pavel Ottl, Neumannova 1664, 25601 Benešov, Czech republic, email: email@example.com firstname.lastname@example.org.
V Praze dne 25. prosince 2020