terms and conditions

General Terms and Conditions

I

Basic Provisions

  1. These General Terms and Conditions (hereinafter " Terms and Conditions ") are in accordance with§ 1751 et seq. of Law 89/2012 Coll. on the Civil Code (hereinafter " Civil Code ") enacted. 

Tenerlo s.r.o.

IC: 27442951

DIČ:CZ27442951

with registered office: Kladská 1293/15, Praha 2, 120 00 - Czech Republic

registered at the Municipal Court in Prague, Section C, Insert 112278.

Contact information:

E-mailinfo@aluzan.cz         

phone +420 774 248 214

wwwwww.aluzan.cz

(hereinafter referred to as " Salesperson " designated)

 

  1. These general terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a sales contract outside of his business activity as a consumer or within the framework of his business activity (hereinafter: " buyer ") via the web interface on the website www.aluzan.cz (hereinafter: " Online shop ").
  2. The provisions of the General Terms and Conditions form part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these conditions.
  3. These conditions and the contract of sale will beczech language completed.

 

II.

Information about goods and prices

  1. Information about the Goods, including the price of each Good and its main characteristics, is provided in the Online Store catalogue. The prices of the goods are inclusive of VAT, all ancillary costs and the cost of returning the goods if the goods, due to their nature, cannot be returned by normal post. The prices of the goods remain valid for the period in which they are displayed in the online store. This provision does not exclude that a purchase contract is negotiated on individually agreed terms.
  2. The presentation of the goods in the catalog of the online store is informative and the seller is not obliged to conclude a sales contract for these goods.
  3. Information on the cost of packaging and shipping the goods is published in the online store. The information on the packaging and delivery costs for the goods listed in the online shop only apply in the event that the goods are within theCzech Republic is delivered.
  4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

 

III.

Order and conclusion of the purchase contract

  1. Costs incurred by the buyer when using long-distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic tariff.
  2. The buyer orders the goods in the following way:
  • via his customer account if he has previously registered in the online shop,
  • by filling out the order form without registering.
  1. When ordering, the buyer selects the goods, the number of items, the method of payment and delivery.
  2. Before sending the order, the buyer has the opportunity to check and change the data entered in the order. The buyer sends the order to the seller by clicking the SUBMIT ORDER button. The information provided in the order is considered correct by the seller. The prerequisite for the validity of the order is the completion of all mandatory information in the order form and the confirmation by the buyer that he has read these conditions.
  3. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address specified by the buyer when placing the order. This confirmation takes place automatically and is not considered to constitute the conclusion of a contract. The confirmation is accompanied by the seller's current terms and conditions. The purchase contract is only concluded after the seller has received the order. Notification of acceptance of the order will be sent to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address specified by the buyer when placing the order. This confirmation counts as the conclusion of a contract. The seller's current terms and conditions must be attached to the confirmation. The purchase contract is concluded with the confirmation of the order by the seller to the e-mail address of the buyer.
  4. If any of the requirements specified in the order cannot be met, the seller will send the buyer an amended offer to his e-mail address. The amended offer is considered a new proposal for the purchase agreement, and the purchase agreement in this case is formed by the confirmation of the buyer's acceptance of this offer to the seller at his email address specified in these conditions.
  5. All orders accepted by the seller are binding. The buyer can cancel an order until he has received notification of the acceptance of the order by the seller. Buyer may cancel an order by calling Seller at the phone number or email address provided in these Terms and Conditions.
  6. In the event of an obvious technical error on the part of the seller when specifying the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer received an automatic confirmation of the receipt of the order in accordance with these terms and conditions. The seller will immediately inform the buyer of the error and send him an amended offer to the buyer's e-mail address. The changed offer is considered a new proposal for a purchase contract and the purchase contract is concluded in this case by the buyer's acknowledgment of receipt to the seller's e-mail address.

 

IV

customer account

  1. Based on the registration made by the buyer in the online shop, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
  2. The buyer is obliged to provide correct and truthful information when registering for a customer account and ordering goods and to update the information provided in the user account in the event of a change. The information provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
  3. Access to the customer account is secured by a user name and password. The buyer is obliged to treat the information required for access to his customer account confidentially. The seller is not responsible for misuse of the customer account by third parties.
  4. The buyer is not entitled to allow third parties to use the customer account.
  5. The seller is entitled to delete the user account, in particular if the buyer no longer uses his user account or if the buyer violates his obligations under the purchase contract and these conditions.
  6. The buyer acknowledges that the user account may not be available at all times, in particular with regard to the necessary maintenance of the hardware and software equipment of the seller or the necessary maintenance of the hardware and software equipment of third parties.

 

V

Terms of Payment and Delivery of Goods

  1. The buyer can pay the price of the goods and the costs associated with the delivery of the goods under the purchase contract in the following ways:
  • by bank transfer to the seller's bank account no.780366002/5500 at the Raiffeisen bank,
  • by bank transfer to the seller's account via theGoPay-payment gateway,
  • cash on delivery,
  • in cash or by credit card if you pick it up personally at the delivery pointZasilkovna.
  1. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the cost of delivery of the goods.
  2. In the case of cashless payment, the purchase price is due within 7 days after the conclusion of the purchase contract.
  3. In the case of payment via a payment portal, the buyer must follow the instructions of the respective electronic payment means provider.
  4. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the corresponding amount is credited to the seller's bank account.
  5. The seller does not require the buyer to pay a deposit or similar payment in advance. Payment of the purchase price before the goods are shipped is not a deposit.
  6. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the transactions received online with the tax administration, in the event of a technical defect within 48 hours at the latest.
  7. The goods are delivered to the buyer:
  • to the address specified by the buyer in the order
  • about theshipping point to the shipping address specified by the buyer.
  1. The choice of shipping method is made during the ordering process.
  2. The cost of delivery of the goods depending on the method of shipment and receipt of the goods are specified in the buyer's order and in the seller's order confirmation. If the type of delivery is agreed at the specific request of the buyer, the risk and additional costs associated with this type of delivery are borne by the buyer.
  3. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or to bear the costs associated with another type of delivery.
  4. The buyer is obliged to check the integrity of the packaging upon receipt of the goods by the carrier and in case of defects immediately notify the carrier. In the event of damage to the packaging indicating unauthorized intrusion into the shipment, the Buyer shall not accept the shipment from the carrier.
  5. The seller issues a tax document - an invoice - to the buyer. The tax document will be sent to the buyer's email address.
  6. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking possession of the goods. Liability for accidental loss, damage or loss of goods passes to the buyer at the time of taking over the goods or at the time when the buyer was obliged to take over the goods but failed to do so in breach of the contract of sale .

 

VI.

Cancellation of the contract

  1. A buyer who has concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
  2. The cancellation period is 14 days
  • from the date of receipt of the goods,
  • from the date of acceptance of the last delivery of goods, if the subject of the contract includes several types of goods or delivery of several parts
  • from the date of acceptance of the first delivery of goods, if the subject of the contract is a regularly recurring delivery of goods.
  1. The buyer cannot, inter alia, withdraw from the purchase contract:
  • the provision of services if they were provided with the prior express consent of the buyer before the end of the cooling-off period and the seller informed the buyer before the conclusion of the contract that in this case he has no right to withdraw from the contract,
  • the delivery of goods or the provision of services, the price of which depends on fluctuations in the financial market, independent of the will of the seller and which may occur during the cooling-off period,
  • for the delivery of alcoholic beverages that can only be delivered after thirty days and the price of which depends on fluctuations in the financial market, regardless of the will of the seller,
  • for the delivery of goods that have been modified according to the wishes of the buyer or for his person,
  • the delivery of perishable goods and goods that have been irretrievably mixed with other goods after delivery,
  • Delivery of goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons,
  • the delivery of a sound or image recording or a computer program if the original packaging is damaged,
  • Delivery of newspapers, periodicals or magazines,
  • the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the buyer before the end of the cooling-off period and the seller has informed the buyer before the conclusion of the contract that in this case he has no right to withdraw from the contract to resign
  • in other in § 1837 of the Civil Code mentioned cases.
  1. In order to comply with the cancellation period, the buyer must submit a declaration of cancellation within the cancellation period.
  2. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Agreement to the Seller's e-mail or delivery address specified in these Conditions. The seller will promptly acknowledge receipt of the form to the buyer.
  3. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days after the withdrawal from the contract. The buyer bears the cost of returning the goods to the seller, even if the goods, due to their nature, cannot be returned by normal post.
  4. If the buyer withdraws from the contract, the seller shall immediately, but no later than within 14 days after the withdrawal, return to the buyer all payments received from the buyer, including delivery costs, in the same way. The seller will return the funds received to the buyer by other means only if the buyer agrees and if there are no additional costs.
  5. If the buyer has chosen a method of delivery other than the cheapest offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
  6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer delivers the goods to him or proves that he sent the goods to the seller.
  7. The buyer must return the goods to the seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
  8. The seller is entitled to withdraw from the purchase contract if the goods are sold out, are no longer available or if the manufacturer, importer or supplier of the goods has stopped producing or importing the goods. The seller shall immediately notify the buyer via the e-mail address provided in the order and all payments, including delivery costs, received from the buyer under the contract within 14 days of the notification of withdrawal from the contract repay in the same or another way indicated by the buyer.

 

vii

Rights arising from defective performance

  1. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer for having received the goods at the time the buyer took them over:
  • the goods have the characteristics agreed between the parties and, if no agreement has been reached, the characteristics that the seller or the manufacturer has described or that the buyer expects, given the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are fit for the purpose specified by the seller or for the normal use of goods of this type,
  • the quality or design of the goods corresponds to the agreed sample or template if the quality or design was determined according to the agreed sample or template,
  • the goods are of the correct quantity, measure or weight; and
  • the goods meet the requirements of the legislation.
  1. If a defect occurs within six months of receipt of the goods by the buyer, the goods are deemed to be defective upon receipt. The buyer has the right to claim a defect that occurs in a consumer good within twenty-four months of receipt. This does not apply to goods that were sold at a lower price, to a defect for which the lower price was agreed, to wear and tear through normal use or, in the case of used goods, to a defect that corresponds to the degree of use or wear and tear that the the goods had when the buyer took them over, or if this is evident from the type of goods.
  2. In the event of a defect, the buyer can submit a complaint to the seller and request:
  • exchange for new goods,
  • repair of goods,
  • an appropriate discount on the purchase price,
  • to withdraw from the contract.
  1. The buyer has the right to withdraw from the contract,
  • if the goods have a material defect,
  • if he cannot properly use the item due to the recurrence of the defect or defects after repair,
  • in the event of a large number of defects in the goods.
  1. The seller is obliged to accept the complaint in any facility where the complaint can be accepted, possibly also at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised his right, the content of the complaint and the type of complaint processing requested by the Buyer, as well as confirmation of the date and method of processing of the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the refusal of the complaint.
  2. The seller or an employee commissioned by him decides on the complaint immediately, in complex cases within three working days. This period does not include the time required for a professional assessment of the defect, depending on the nature of the product or service. The complaint, including the elimination of the defect, must be settled immediately, but no later than within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The fruitless expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The point in time when the complaint is made is the point in time at which the buyer's expression of will (exercise of the right to defective performance) reaches the seller.
  3. The seller informs the buyer in writing about the result of the complaint.
  4. The buyer does not have the right to defective performance if he knew before taking over the item that it had a defect or if the buyer caused the defect himself.
  5. In the event of a justified complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer can exercise this right against the seller within one month after the expiry of the warranty period.
  6. The buyer has the choice of how to assert his claims.
  7. The rights and obligations of the contracting parties with regard to the rights arising from the defective performance are aligned according to Articles 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on consumer protection.z.

 

viii

Delivery

  1. The contracting parties can send each other all correspondence by e-mail.
  2. The buyer must send the correspondence to the seller at the e-mail address specified in these terms and conditions. The seller sends correspondence to the buyer to the e-mail address specified in the customer account or in the buyer's order.

 

IX.

Security and Protection of Information

  1. The following apply to the protection and processing of the buyer's personal data by the sellerPrivacy Policy.

 

X

Out-of-court dispute resolution

  1. For the out-of-court settlement of consumer disputes arising from sales contractsCzech Trade Inspectorate based in Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, responsible. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to settle disputes between the seller and the buyer within the framework of the purchase contract.
  2. The European Consumer Center Czech Republic with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  3. The seller is entitled to sell goods on the basis of a trade license. Trade supervision is carried out within the scope of its competence by the competent Trades Licensing Office. The Czech Trade Inspectorate monitors, among other things, compliance with Act No. 634/1992 Coll. on consumer protection within a defined framework.

 

XI.

Final Provisions

  1. The law of the Czech Republic applies to all contracts between the seller and the buyer. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the rights that the consumer is entitled to under generally binding legal provisions.
  2. Seller is not bound by any code of conduct as defined by Buyer towards Buyer§ 1826 paragraph 1 letter e of the Civil Code bound.
  3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or parts thereof without the consent of the seller.
  4. The seller is not liable for errors resulting from third-party interventions in the online shop or its improper use. The Buyer may not use any procedures that could negatively affect the functioning of the Online Store and may not take any actions that could allow him or third parties to interfere with or use the software or other components of the Online Store without authorization and use the Online Store or any of its parts or software in a manner contrary to its purpose or intent.
  5. The buyer hereby assumes the risk of a change in circumstances within the meaning of§ 1765 paragraph 2 of the Civil Code.
  6. The sales contract, including the general terms and conditions, is archived by the seller in electronic form and is not accessible.
  7. The Seller may change or supplement the wording of the General Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the General Terms and Conditions.
  8. A model withdrawal form is attached to the General Terms and Conditions.

 

 

These general terms and conditions come into effect on 18.10. effective in 2018.