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Definition of Terms
The Seller is the NAREX Ždánice, spol. s r.o. company, Městečko 250, 696 32 Ždánice, registered at the Regional Court in Brno, Section C, File 35004. NAREX Ždánice, spol. s r.o. is a business entity that either directly, or through its sales representatives, provides the Buyer with products or services.
In our online store the customer is the Buyer. Based on existing law a Buyer represents a consumer or an entrepreneur. The Consumer is every person who outside his/her own business or the independent exercise of his/her profession concludes a contract with NAREX Ždánice, spol. s r.o.
An Entrepreneur is a person who, independently and on his/her own account and based on his/her own responsibility, carries out a gainful activity on the basis of a trade licence or by using similar means, with the intention of continuing to do so consistently for profit. Inter alia, for the purpose of consumer protection, also considered as being an Entrepreneur is every person who enters into a contract related to his/her own business - manufacturing or similar activities - or to the independent exercise of his/her profession, or any other person acting on behalf of the Entrepreneur. To dispel any doubts and to prevent any possible conflicts or contradictions, considered as an Entrepreneur for the purposes of the contractual relationship is any person who identifies himself or herself to the Seller under his/her business ID and who, based on this ID, will also undertake any legal acts.
If the Buyer is a consumer, the placement of the goods offered by the Supplier on the website is understood as a proposal to conclude a Purchase Contract (by making an offer), whereas the Purchase Contract is actually concluded by the sending of an order by the Buyer - the consumer - and the acceptance of this order by the Supplier. The Supplier shall immediately confirm its receipt of this to the Buyer by means of an informative e-mail sent to the specified e-mail address; this confirmation, however, shall not affect the establishment of the contract. The resultant contract (including the agreed price) can only be altered or cancelled on the basis of an agreement between the parties or on legal grounds.
Prior to dispatching the order to the Seller, the Buyer shall be enabled to check and to modify the data that s/he has included in the order, also with regard to the possibility for the Buyer to check and to correct any errors that might have occurred during the entry of data to the order. The Buyer sends the order by clicking the “Submit Order” button.
If the Buyer is not also the consumer, understood as a proposal to conclude a Purchase Contract is an order for goods that is sent by the Buyer, while the actual Purchase Contract is concluded at the exact time of the delivery of the Seller’s binding agreement to the Buyer’s proposal.
By concluding the Purchase Contract the Buyer confirms that s/he is familiar with these Terms and Conditions, including the Complaints Procedure, and agrees with them and that the Buyer was adequately notified about these Terms and Conditions and about the Complaints Procedure prior to placing his/her order and that s/he had the opportunity to become acquainted with them.
If the Seller has not received all the documents necessary for processing the complaint (parts of goods, other documents, etc.) the period for settlement of claims shall be suspended. The Seller is obliged to request additional documentation from the Buyer within the shortest possible time. The period for settlement shall be suspended from that date until the date of the delivery of the requisite documents from the Buyer.
Amongst other details, prior to concluding the Purchase Contract and based on the agreement of the Buyer, the Seller reserves the right to cancel the order or a part of it, in the following circumstances: either because the goods are not being produced or supplied any more or because the Supplier’s price has significantly altered. In the event that the Buyer has already paid a part or the whole amount of the Purchase Price, this amount will be transferred back to his/her account or address and the conclusion of the Purchase Contract will not take place.
Gifts that are provided free of charge are not the subject of any consumer rights. Such goods meet the conditions of the Contract of Donation and all the other applicable standards based on the legislation of the Czech Republic.
Liability for defects
The rights and obligations of the parties regarding any liability for defects shall be governed by the relevant legislation specifically by the provisions of §§ 1914-1925, §§ 2099-2117 and §§ 2161-2174 of Act No. 89/2012 Coll., The Civil Code).
The Seller shall be responsible to the consumer for ensuring that, on receipt, all items are free of defects. In particular, the Seller is responsible to the consumer that, at the time when the consumer accepts the item
- the item has the characteristics that the parties have agreed-upon and in the event of the absence of such an agreement, the characteristics that the Seller or the producer described or that the buyer anticipated, taking into account the nature of the goods and based on the advertising that was presented,
- the item is suitable for the purpose that the Seller defined for its use or for which this type of item is normally used,
- the item, if its quality or its design was determined in accordance with an agreed sample or model, corresponds in its quality and its design with the agreed sample or model,
- the item is in the corresponding quantity, measure and weight
- that the item meets the legislative requirements.
If the item does not have the features described above, the consumer is also entitled to require the supply of a new item that is free of defects, unless, due to the nature of the defect(s), this is disproportionate, while if the defect affects only a part of the item, the consumer is only entitled to require the replacement of this part; should this be impossible, the consumer is entitled to withdraw from the contract. If, however, due to the nature of the defect, this is disproportionate and especially if the defect can be remedied without undue delay, the consumer shall be entitled to a remedy free-of-charge. The consumer, if s/he cannot use the item properly due to a recurring defect or to a larger number of defects, shall also be entitled to receive a new item, or to the replacement of the relevant parts in the case of a removable defect. In such a case, the consumer is also entitled to withdraw from the contract.
If the consumer does not withdraw from the contract or does not take advantage of his/her right to receive a new item free of defects nor to the replacement of its parts or the repair of the item, s/he may also request a reasonable discount. The consumer shall also be entitled to a reasonable discount in the event that the Seller is not able to either provide a new item without defects, nor to replace the part or repair the item and also in the event that the Seller fails to repair the item within a reasonable time, or if its repair would cause significant inconvenience to the consumer.
If the Buyer, prior to the acceptance of an item, already knew that the item had a defect, or if the Buyer himself/herself caused the defect, the Seller shall not be liable for any such defect.
The consumer is entitled to exercise his/her right associated with liability for defects that occur in consumer goods during a period of twenty-four months from the date of their receipt. Should any defect manifest within six months of the receipt of an item, it shall be understood that the item was already defective at the time of its purchase or delivery.
In the Seller’s Complaints Procedure the other rights and obligations of the parties in regard to the Seller’s liability for defects may be modified.
The consumer’s entitlement to withdraw from the contract
In accordance with § 1829, Paragraph 1 of the Civil Code, if the Purchase Contract has been concluded by means of remote communication (e.g. via the Internet), the consumer shall be entitled, without giving any reason, to withdraw from the contract within 14 days of the receipt of the goods (if the Purchase Contract includes several kinds of goods or the supply of several parts, this period commences on the date of the receipt of the last item supplied). Any manner of withdrawal from the Purchase Contract must be dispatched to the Seller within 14 days of the receipt of the goods.
Should the consumer wish, in accordance with the previous paragraph, to withdraw from the contract within 14 days, s/he shall contact the Seller, preferably in writing, to state that s/he is withdrawing from the contract and ideally also providing the order number, the purchase date and the account number for the refund. Note: The cost can also be returned in cash at the cash office in the NAREX Ždánice, spol. s r.o. Company’s headquarters on Monday, Wednesday or Friday, between 11:15 and 11:45 a.m. and between 1:15 and 2:00 p.m.
In the event that the Buyer, pursuant to the previous paragraphs, withdraws from the contract, the Seller shall return the sum received from the Buyer (with the exception of an amount representing any extra cost for supplies necessitated by a method of delivery chosen by the Buyer that differs from the less expensive type of standard delivery of goods offered by the Seller) within 14 days of the Buyer’s withdrawal from the Purchase Contract, in the same form in which the Seller received them from the Buyer, unless the Buyer specifies otherwise. The Seller is also entitled to return the funds provided by the Buyer at the time of the return of the goods by the Buyer or in any other manner, provided that the Buyer agrees and that it does not create any additional cost to the Buyer. Should the Buyer withdraw from the Purchase Contract, the Seller is not obliged to return to the Buyer any of the funds received prior to the Buyer returning the goods or proving that s/he has dispatched the goods to the Seller.
The provisions of the right of withdrawal within 14 days cannot, however, be understood as representing an opportunity to borrow goods free of charge. In the case of the implementation of the right of withdrawal within 14 days from the receipt of the goods, the consumer is obliged, within 14 days, to return to the Seller everything that s/he received on the basis of the Purchase Contract. If this is not possible (e.g. in the meantime the goods were used-up or destroyed), the consumer must provide monetary compensation in the place of what can no longer be returned. Even if the returned goods are only partially damaged, the Seller is entitled to apply its right to compensation for damages against the consumer and thereby offset its claim for the refunding of the purchase price. In this case the Seller is required to provide proof of the damage that was incurred and will refund to the consumer only a reduced portion of the purchase price.
The Seller may also offset its direct costs associated with returning the goods against the purchase price to be refunded to the Buyer.
In accordance with § 1837 of the Civil Code, the consumer shall not be entitled to any right of withdrawal, particularly in respect of contracts:
- concerning the provision of services if these have been implemented with his/her express prior consent prior to the deadline for withdrawal or if the entrepreneur, prior to entering into the contract informed the consumer that, in such an instance, s/he will not be entitled to withdrawal from the contract;
- in regard to the goods that were substituted in accordance with the consumer’s wishes;
- in regard any repair or maintenance carried out at a location selected by the consumer and based on his/her request; this provision, however, shall not be applicable in the event of the subsequent implementation of the repair or the provision of any spare parts other than those that were requested.
The Seller reserves its right to cancel an order for any goods that have been designated as “currently unavailable” if the item is no longer available or cannot be replaced by another model or if the price has changed significantly and the customer has not accepted this change prior to the processing of the Purchase Contract. The Seller shall inform the customer in regard to this situation. If the entire order or a part of it has already been paid for, the amount involved will be refunded to the cust-omer’s account.
The protection of personal data
Customer information is stored in conformity with the applicable laws of the Czech Republic, in particular with the Act on Personal Data Protection No. 101/2000 Coll., as amended. By concluding a contract the Buyer accepts the collecting and the processing of his/her personal data in the Seller’s database from the time of the successful implementation of the contract until his/her written statement disagreeing with this processing.
The Buyer is entitled to access his/her personal data and to correct them, including other legal rights to these data. His/her personal data may be removed from the database based on a written request. Customers’ personal data are fully protected against misuse. The Supplier does not pass-on customers’ personal data to any other party with the exception of the carrier to whom customers’ personal data are entrusted in the minimum extent necessary for the delivery of goods.
NAREX Ždánice, spol. s r.o. collects the information that is entered in the billing forms. Obligatory data are either the Client’s name and surname or the name of the company and its registration number and Tax ID, together with its e-mail address, its phone number and the street name, the city and the zip code. In the case of registered users their purchase history is also recorded.
The cost of using means of remote communication
The Buyer agrees to the use of means of remote communication for concluding a Purchase Contract. The costs incurred by the Buyer for using remote means of communication in connection with concluding a Purchase Contract (e.g. the cost of internet access, telephone costs) should be borne by the Buyer.
The Seller ensures the handling of consumer complaints through the electronic address email@example.com. The Seller sends the relevant information about the resolution of the Buyer’s complaint to the Buyer’s e-mail address.
The Seller is entitled to sell goods on the basis of a trade licence. Trade inspection is carried out by the relevant Trade Office. Supervision of the protection of personal data is implemented by the Office for Personal Data Protection. The Czech Trade Inspectorate, inter alia, within its defined scope, exercises supervision over compliance with Act No. 634/1992 Coll., On consumer protection, as amended.
As of the date of the concluding of the Purchase Contract these Business Terms and Conditions are applicable in the wording that is published on the Seller’s website. Following the Consumer’s order its confirmation as a contract between the Buyer and the Seller is archived for the purpose of its fulfilment, while the information about its status and the other records are accessible to the Buyer. The Contract can be concluded in the Czech language or in other languages, unless this would be a reason for the impossibility of concluding it. By implementing the purchase, the customer also agrees to receiving commercial communications.
These Business Terms and Conditions permit the consumer to archive and reproduce them. As of the time of the concluding of the Purchase Contract, the Buyer accepts all the provisions of the Business Terms and Conditions that are in force as of the date of his/her sending of the order, including the price for the goods ordered, as specified in the order confirmation, unless in a particular instance it is clearly stated otherwise.
These Business Terms and Conditions came into effect on the 1st March 2015.