TERMS AND CONDITIONS
1.1. These terms and conditions apply to purchases in the online store www.michaeldeec.com. Business conditions are regulated in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll. Civil Code, mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the seller and another natural person through the seller’s online store www.michaeldeec.com. The operator of the online store www.michaeldeec.com is Michael Deec sro, address …………………………… … ….. 139, e-mail: firstname.lastname@example.org.
1.2. The terms and conditions do not apply in cases where the person who intends to buy the goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or within their independent profession.
1.3. The business relationship between the seller and the buyer, who is not the final consumer, is resolved according to individually agreed conditions. This means that the seller is entitled to unilaterally refuse to enter into a purchase agreement. It informs the buyer of this fact in writing to his e-mail address specified in the order.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All presentation of goods placed on the web interface of the store www.michaeldeec.com is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
2.2. The buyer’s order made via the online store www.michaeldeec.com or by telephone is a binding proposal of the buyer to conclude a purchase contract with the seller. The seller will immediately confirm the receipt of the order by e-mail to the e-mail address specified by the buyer in the order and this confirmation is not an acceptance of the seller’s proposal to conclude the purchase contract.
2.3. The buyer has the right to cancel the order, ie to revoke his proposal to conclude a purchase contract, without any penalties until the moment of dispatch of the goods. The buyer is obliged to inform the seller about the cancellation of the order by e-mail or telephone.
2.4. The purchase contract is concluded upon acceptance of the proposal for the conclusion of the purchase contract by the seller and acceptance is considered to be the sending of goods by the seller to the buyer or explicit acceptance by the seller via e-mail.
2.5. The prices of goods and services (eg postage) listed on the web interface are in Euro, including the relevant VAT rate according to the applicable legislation.
2.6. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone calls) shall be borne by the buyer himself.
2.7. The purchase contract is concluded in English and also possible in the Czech language and is archived by the seller for the purpose of its proper performance and is not accessible to third parties.
3. PAYMENT TERMS
3.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
a) non-cash transfer to the seller’s account;
b) cashless through the STRIPE payment gateway
3.2. Upon receipt of the shipment, the seller will send a proof of sale by e-mail. The document also serves as a warranty card. Based on the customer’s request, we will send the invoice by e-mail.
TRANSPORTATION AND DELIVERY OF GOODS
4.1. The cost of postage and packaging is borne by the buyer according to the method he chose when ordering the goods. These costs vary in the price conditions at www.michaeldeec.com.
4.2. service of the seller, during which the buyer orders the buyer, the seller undertakes to send the buyer new goods in case (if he has another in stock, otherwise immediately after its storage), or return the paid part, immediately after it provably learns of further damage to the goods.
4.3. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the case of any plants to notify the carrier immediately. In the case of finding a violation of the packaging indicating unauthorized entry into the shipments, the buyer does not have to take over the shipment from the carrier.
4.4. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
5. WITHDRAWAL FROM THE CONTRACT
5.1. In accordance with § 1829 par. 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract without giving a reason, to do fourteen (14) days from receipt of the goods. Withdrawal from the purchase contract must be processed by the seller within this period by e-mail or in writing to the address of the seller and the buyer may have a sample form provided by the seller, which is attached to the terms and conditions.
5.2. In the event of withdrawal from the contract, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract by the buyer. If the buyer withdraws from the contract, the buyer bears the costs associated with the return of goods (eg transportation) in the event that the goods can not be returned due to its nature by regular mail.
5.3. In the event of withdrawal from the contract, click on the seller funds received from the buyer within fourteen (14) days of withdrawal from the buyer’s purchase contract, in the manner received from the buyer, unless the buyer pronounces the pronunciation in another way costs. The seller is not obliged to return the funds received by the buyer before the buyer returns the goods or proves that he sent the goods to the seller. Refunds apply only to the goods, not to the service (such as shipment insurance, extended warranty, extended withdrawal period, etc.).
5.4. In accordance with § 1832 of the Civil Code, the buyer is entitled to a refund of funds associated with the transport of goods (postage) upon its acquisition (not a return). This claim is only in the amount of the cheapest variants offered by the seller (even if the buyer chose a more expensive method of transport when ordering), one personal collection cannot be considered as such a method of execution.
5.5. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:
(a) the supply of goods which have been adapted to the wishes of the consumer or to his person (custom manufacture);
(b) the supply of perishable goods shall include goods which have been irretrievably mixed with other goods;
(c) the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons;
(d) the supply of an audio or video recording or a computer program if they infringe their original packaging.
5.6. The buyer acknowledges that if the returned goods are damaged, worn or otherwise consumed, the seller is entitled to compensation for damage to the goods and is entitled to unilaterally set off this claim against the buyer’s right to a refund of the purchase price.
5.7. If the provider together with the goods is a gift to the buyer, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract loses its effect and the buyer is obliged to return the gift together with the pious seller.
5.8. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In this case, the buyer informs the buyer by e-mail to the address specified in the order and the buyer the purchase price without undue delay.
5.9. The seller provides the buyer with an extended period for returning the goods without giving a reason beyond the statutory period (point 5.1.), In the length of 2 months (60 days) from receipt of the goods free of charge.
RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The seller is responsible to the buyer for the fact that the goods are free of defects upon receipt and that at the time when the buyer took over the goods:
(a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which are manufactured or manufactured by the manufacturer or which he purchases as expected having regard to the nature of the goods and the advertising made by them;
(b) the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are normally used;
(c) the goods correspond in quality or by proof to the contracted sample or model, if the quality or design was determined on the basis of the contracted sample or model;
(d) the goods are in the appropriate quantity, mile or quality; e) the goods comply with certain legal regulations.
6.2. Provisions referred to in Article 6.1. of these terms and conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed. In the case of used goods, the defect corresponds to the degree of use or wear and tear, which goods apply when taken over by the buyer or if it follows from the nature of the goods.
6.3. The right of the buyer from the defective performance creates a defect that the goods have when taken over by the buyer. If the defect manifests itself within six (6) months from receipt, it is considered that the goods were defective at the time of receipt.
6.4. If the defective performance is a fundamental breach of contract, the buyer has the right to:
(a) to eliminate the defect by delivering new goods without a defect or by delivering the following items; b) to eliminate the defect by repairing the item;
c) at a reasonable price from the purchase price;
d) to withdraw from the contract.
6.5. Buyer Monday Seller, which right he chose when notifying the defect or without undue delay after notifying the defect. The buyer cannot change the choice without the consent of the seller.
6.6. Rights from defective fulfillment of the buyer’s application on the website www.michaeldeec.com
6.7. The Czech Trade Inspection Authority, registered office Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. [JA1] An online dispute resolution platform located at [JA2] http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a buyer under a purchase agreement.
6.8. The costs associated with the delivery of defective goods are paid by the customer. Upon recognition of defective goods, the costs are paid by the seller.
6.9. The seller is obliged to assess / dispose of defective goods within 30 days of delivery of defective goods by the customer to the specified address.
7.1. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is now required to register revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
7.2. The seller issues receipts in accordance with the Act on the Registration of Sales in electronic form sent by email or in paper form, depending on the chosen payment method and method of transport.
8. PROTECTION OF PERSONAL DATA
8.1. How the seller processes the buyer’s personal data is described in the section Privacy of customers. The buyer acknowledges that he is obliged to state 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 information provided is accurate.