Terms and conditions
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions ("Terms and Conditions") of VUKM7 Ltd., headquartered Branická 110, 14700 Praha 4, identification number: 26514974, registered in the Commercial Register at the Municipal Court in Prague, Section C, File 87000 (hereinafter referred to as "Seller ") regulate the mutual rights and obligations of the parties arising in connection with or under the purchase agreement (the" Purchase Agreement ") concluded between the seller and another natural or legal person (hereinafter referred to as" Buyer ") through the online shop of the seller. Internet business is operated by the seller on the Internet at http://ariadne.cz (hereinafter the "Website"), through a web interface (hereinafter referred to as "Web-based commerce").
1.2 Terms and Conditions also govern the rights and obligations of the parties in the use of websites seller located on the website and other related legal relations. Terms and conditions do not apply to cases where a person who intends to buy goods from the seller, is ordering goods in the course of their business.
1.3 Provisions derogating from the terms and conditions can be negotiated in the purchase agreement. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in English language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
6.1 User account
1.7 On the basis of its purchases on the website, give the buyer user identity (hereinafter "user account"). In the event that the web interface allows trade, the buyer can make changes to your user account.
8.1 When ordering goods the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer in each subsequent ordering obligated to update. The data referred to the buyer's user account and ordering goods by the seller are deemed to be correct.
1.9 The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account and acknowledges that Seller shall not be liable for any breach of this obligation by the buyer.
1.10 Buyer shall not allow the use of your user account to third parties.
1.11 Seller may cancel a user account, especially if the buyer your user account for more than 5 years does not use, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
1.12 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
1.13. Contract of sale
1.14. Web Interface shop contains a list of goods offered for sale, including prices of individual goods. Prices of goods offered are inclusive of value added tax and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase agreement individually negotiated terms. All offers to sell goods placed in the web interface of trade are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
1.15. The web interface of the shop also includes information about the costs of packaging and delivery. Information on the costs associated with packaging and delivery of goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the European Union.
1.16. To order goods, the buyer fills an order form in the web interface business. Order form contains particular information on: (i) ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface), (ii) the method of payment of the purchase price of goods, information about the required method of delivery of goods ordered and (iii) information on costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
1.17. Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, and also with regard to the option buyer to detect and correct errors during data entry into the order. Buyer sends an Order seller by clicking on the button. The data referred to in the order are deemed correct by the seller. Seller immediately upon receipt of the order to the buyer confirms receipt of this e-mail, and electronic mail address of the Buyer provided in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
1.18. Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
1.19. The contractual relationship between the seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer via e-mail, and electronic mail address of the buyer.
1.20. Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached the purchase contract (including terms and conditions).
1.21. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the closing of the purchase contract (cost of internet access, telephone costs) borne by the Buyer.
1.22. The price of goods and Payment Terms
1.23. Price of the goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways: (i) in cash by the seller or at the agreed delivery site, (ii) cash on delivery at the place designated by the buyer in the order; (Iii) bank transfer to the account of the seller; (Iv) non-cash means of payment systems listed on the website.
1.24. The purchase price, the buyer is obliged to pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
1.25. In the case of payment in cash or in the case of payment on delivery, the purchase price is due upon receipt of goods. In the case of cashless payment of the purchase price payable within 7 days of the purchase contract.
1.26. In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with the variable symbol of payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
1.27. The seller is entitled, especially if the Buyer does not provide an additional confirmation of the Order (Art. 1.18), require payment of the full purchase price before sending the goods to the buyer.
1.28. Any discounts the price of goods by the seller to the buyer can not be combined.
1.29. If it is customary in trade relations or, if so determined by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer simplified tax receipt or invoice. Seller is a payer of value added tax.
1.30. Withdrawal from the contract
1.31. Buyer acknowledges that under the provisions of § 53 par. 8 of the Act no. 40/1964 Coll., The Civil Code, as amended (the "Civil Code"), among others, can not withdraw from the contract for the supply of goods made to buyer's request, as well as goods subject to rapid deterioration, wear and tear, from the purchase contract for the delivery of audio and video recordings and computer programs if a consumer destroyed their original packaging, and the purchase contract for the supply of newspapers, periodicals and magazines.
1.32. If this is not the case under Art. 1.31 or about other cases where you can not withdraw from the contract, the buyer in accordance with the provisions of § 53 par. 7 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days receipt of goods. Withdrawal from the contract seller must be demonstrably delivered within fourteen (14) days from receipt of goods to the address of the seller or the seller's e-mail address listed on the website.
1.33. In case of withdrawal pursuant to Art. 1.32 business conditions of the purchase contract from the beginning. The goods must be returned to the seller within 14 working days from dispatch of withdrawal to the Buyer. In the event that the purchaser breaches an obligation pursuant to the previous sentence, the Seller is entitled to a contractual penalty in the amount of 0,20 EUR for each day of delay, up to the purchase price of the goods. This provision shall not affect the right to compensation for any damages caused by the breach, which is subject to a penalty, even if the damage exceeds the penalty. The goods must be returned to the Seller condition and, if possible, in the original packaging.
1.34. Within ten (10) days from the return of goods by the purchaser pursuant to Art. 1.33 Seller is entitled to examine the returned goods, primarily for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed.
1.35. In case of withdrawal pursuant to Art. 1.32 business conditions seller returns the purchase price (excluding cost of delivery) to the buyer within ten (10) days from the end of the period to examine the goods under Art. 1.34 business conditions, bank transfer to an account designated by the buyer. The seller is also entitled to refund the purchase price in cash at the time of returning the goods.
1.36. Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. Claims for damages, the seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price. Likewise entitled to a contractual penalty pursuant to Art. 1.33 Seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
1.37. Transport and delivery of goods
1.38. Method of delivery of goods is determined by the seller, unless the purchase contract states otherwise. In the event that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and any additional costs associated with this form of transport.
1.39. If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery. If the buyer does not take the goods on delivery, the seller is entitled to charge a storage fee of 0,20 EUR and is entitled to withdraw from the contract.
1.40. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer shall pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
1.41. When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In the event of a breach reunion package indicative of intrusion into the consignment buyer need not take shipment from the carrier. By signing the delivery note buyer confirms that the shipment of goods meet all terms and conditions and any further claims regarding infringement of container shipments can not be disregarded.
1.42. Other rights and obligations of the parties in the transport of goods may modify the terms of delivery Seller:
1.43. Liability for defects, Warranty
1.44. The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller shall be governed by the relevant legislation (in particular the provisions of § 612 et seq. Of the Civil Code).
1.45. Seller is responsible for ensuring that the thing sold is in conformity with the contract and that it has no defects. Conformity with the contract means that the thing sold has the quality and properties required by the contract, the seller, manufacturer or its representative, or on the basis of their expected by the ads, or the quality and properties for the usual thing of this kind that meets the requirements of legislation is in the correct quantity, measure or weight, and corresponds to the purpose for which the seller says things or for that matter normally used.
1.46. In the event that the matter on receipt by the buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer has the right to the seller free of charge and without undue delay, put accordance with the purchase agreement, and according to by exchanging the purchaser, or repair; if such a procedure is not possible, the buyer may request a reasonable discount on the price or cancel the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. Conflict with the contract, which will take effect within six (6) months from the date of receipt of the goods shall be deemed to be inconsistency in its takeover, if not in the nature of things or if it is proven otherwise.
1.47. Unless the things that are perishable or used goods, the seller is responsible for defects that become apparent as the conflict with the contract after the item within the warranty period (guarantee).
1.48. The rights of the buyer arising from the seller's liability for defects, including the warranty liability of the seller, purchaser exercises with the seller at his shop.
1.49. Other rights and obligations of the parties
1.50. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
1.51. Buyer acknowledges that the software and other components of the Web Interface shop (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or allow third parties to unlawfully interfere with or use the software or other content of the web interface business.
1.52. The buyer is not entitled to use the Web interface to use trade mechanisms, software or other procedures that could have a negative impact on the operation of the web interface business. Web Interface shop can be used only to the extent that it is not at the expense of the rights of other customers and the seller that is consistent with its purpose.
1.53. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 53a paragraph. 1 of the Civil Code.
1.54. Buyer acknowledges that Seller shall not be liable for errors arising from the interference of third parties to the website or through the use of website contrary to their purpose.
1.55. Privacy and sending commercial messages
1.56. Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
1.57. Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "personal data").
1.58. Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purpose of sending commercial messages and information to the seller.
1.59. Buyer acknowledges that it is required personal information (when registering, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller of a change in their personal data.
1.60. Processing of personal data by the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer passed on to third parties.
1.61. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
1.62. Buyer acknowledges that the personal information is accurate and that he was advised that it is voluntarily provide personal information. The buyer claims he was instructed that consent to the processing of personal data in relation to the Seller by notification delivered to the address of the seller.
1.63. In the event that the buyer thought that the seller or processor (Art. 1.60) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data is inaccurate with respect the purpose of processing, can:
ask the seller or processor for an explanation; require the seller or processor to remedy the situation. In particular, it may be blocking, correction, supplementing or liquidation of personal data. If the buyer's request under the preceding sentence is found justified, the seller or processor remove the trouble. If the seller fails or processor, the buyer has the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect the right of the buyer to take its initiative to the Office for Personal Data Protection.
1.64. If the buyer requests information about the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the cost of providing the necessary information.
1.65. Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial communications seller to buyer's email address.
1.67. Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by e-mail, in person or by postal service (selected by the sender). The buyer is delivered to the email address specified in his user account.
1.68. The message is delivered:
- In case of delivery by e-mail upon receipt of incoming mail server; integrity of messages sent by electronic mail may be ensured by a certificate,
- In case of delivery in person or by postal services by taking to the addressee,
- In case of delivery in person or by postal service also denying the receipt of the shipment, refuse to grant addressee (or a person authorized to accept it for him) to accept it,
- In case of delivery by postal services to the expiry of ten (10) days from the shipment and taxes prompted the addressee to accept the shipment, if there is the shipment with the postal service, even if the addressee has knowledge of the deposition.
1.69. FINAL PROVISIONS
1.70. If relations associated with the use of the website or the legal relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
1.71. The seller is entitled to sell goods on the basis of trade license and seller activity is not subject to any other permissions. Trade control is carried out within the scope of their respective Trade Office.
1.72. If any provision of the Terms and Conditions is invalid or ineffective, or such happens, instead of the invalid provision a provision whose meaning is invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase contract or business conditions require written form.
1.73. The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
In Prague on January 1, 2012