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TERMS AND CONDITIONS

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BUSINESS TERMS AND CONDITIONS OF THE TRADING COMPANY TRANSFORM A.S. LÁZNĚ BOHDANEČ BASED IN LÁZNĚ BOHDANEČ, NA LUŽCI 659, DISTRICT PARDUBICE, POSTCODE 533 41, IDENTIFICATION NUMBER: 150 50 114

 

Company incorporated in the Commercial Register maintained by the Regional Court in Hradec Králové, Section b, insert 191 for the sale of goods through an online store located at the Internet address

https://www.recyklace.cz

1. INTRODUCTORY PROVISIONS

  1.1. These Business Terms and Conditions (hereinafter to be referred to as the „Terms and Conditions“)of TRANSFORM a.s. Lázně Bohdaneč based in Lázně Bohdaneč, Na Lužci 659, Pardubice, postcode 533 41, identification number: 15050114, incorporated in the Commercial Register maintained by the Regional Court in Hradec Králové, section b, insert 191 (hereinafter to be referred to as the „Seller“) shall govern, in accordance with the provisions of § 1751 (1) of the Act No. 89/2012 Coll., the Civil Code (hereinafter to be referred to as the „Civil Code“) the mutual rights and obligations of the parties arisen on the basis of a purchase contract (hereinafter to be referred to as the „Purchase Contract“) concluded between the Seller and another physical entity (hereinafter to be referred to as the „Buyer“) through the Seller's e-shop. The e-shop is operated by the Seller on www.ploty-plotovky.czthrough the web interface (hereinafter to be referred to as the „web interface of the shop“).
  1.2. The Terms and Conditions also govern the rights and obligations of the parties in using the Seller's website located athttp://www.ploty-plotovky.cz/ (hereinafter to be referred to as the „Website“) and other related legal relationships. These terms and conditions do not apply to cases where a potential Buyer intends to buy the goods from the Seller in the course of its business activity or in the course of its independent pursuit of profession.
  1.3. Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are made in the Czech language. The purchase contract can be concluded in the Czech language
  1.4. The Seller may change or add the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

1.1. USER ACCOUNT

  1.5. The Buyer can access its user interface on the basis of Buyer´s registration made on the website. The Buyer can perform the ordering of goods from its user interface, (hereinafter to be referred to as the “user account”). If the web interface allows the store, the Buyer can also order goods without registration directly from the web interface of the store.
  1.6. When registering on the website and ordering goods, the Buyer shall be obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the Buyer to update upon any change. Data provided by Buyer in the user account and when ordering the goods are considered by the Seller to be correct.
  1.7. Access to the user account is secured by the user name and password. Buyer shall be obliged to maintain confidentiality regarding the information necessary to access its user account and acknowledges that the Seller is not liable for breach of this obligation by the Buyer.
  1.8. The Buyer is not authorized to allow the use of the user account by third parties.
  1.9. The Seller may cancel the user account, especially if the Buyer does not use its user account for more than 6 months or if the Buyer breaches its obligations under the purchase contract (including Terms and Conditions).
  1.10. The Buyer acknowledges that the user account may not be available continuously, especially with regard to carrying out the necessary maintenance of the hardware and software of the Seller or maintenance of hardware and software of third parties.

1.2. MAKING A PURCHASE CONTRACT

  1.11. The web interface of the store includes a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. All offers for the sale of goods placed in the web interface of the shop are informative and non-binding and the Seller shall not be obliged to conclude a purchase contract for these goods. Provisions of § 1732 (2) of the Civil Code shall not be applied.
  1.12. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop are valid only in cases when the goods are delivered within the territory of the Czech Republic.
  1.13.

When ordering the goods, the Buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
- ordered goods (the ordered goods will be “put” by the Buyer into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, details of the required way of delivering the ordered goods, and
- information on the costs associated with the delivery of the goods (collectively to be referred to as the „Order“).

  1.14. Before sending the order to the Seller, the Buyer is allowed to check and modify the data entered in the order, also with view to the Buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the Buyer to the Seller by clicking on “Order”. The data listed in the order are deemed correct by the Seller. Immediately upon receipt of the order, the Seller shall acknowledge this receipt by e-mail sent to the Buyer's email address listed in the user interface or in the order (hereinafter to be referred to as the „Buyer's electronic address“).
  1.15. The Seller shall always be entitled to ask the Buyer for an additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
  1.16. The contractual relationship between the Seller and the Buyer arises from the delivery of the order (acceptance), which is sent to the Buyer's e-mail address.
  1.17. The Buyer acknowledges that the Seller shall not be obliged to conclude a purchase contract especially with the persons who have previously substantially violated the purchase contract (including the Terms and Conditions).
  1.18. The Buyer agrees to use distance means of communication when concluding the purchase contract. Costs incurred by the Buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) shall be borne by the Buyer itself.
  1.19. By sending the order, the Buyer confirms that it has become familiar with the principles of working with the TRAPLAST products here and that it got acquainted with the whole content of the price list here  as well as the delivery times and the fact that the individual deliveries (production batches) may differ in colour, the grey colour is unpainted, thus without any possibility of affecting the colour shade and that due to the raw material used, the colour shade from individual production batches may differ in light colours (brick, green, grey).

1.3. PRODUCT PRICE AND PAYMENT CONDITIONS

  1.20.

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following manner:
- in cash at the Seller's address at Lázně Bohdaneč, Na Lužci 659;
- in cash at the place specified by the Buyer in the order;
- by wire transfer to the Seller's account No. 135029249/0300 with ČSOB a.s., branch of Pardubice (hereinafter to be referred to as the „Seller´s Account“);

  1.21. Together with the purchase price, the Buyer shall be also obliged to pay the Seller the cost of packing and delivering the goods. Unless otherwise expressly specified, the purchase price shall be understood to include the costs associated with the delivery of the goods. The Seller does not request the Buyer for an advance or other similar payment. This is without prejudice to the provisions of Article 1.24 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
  1.22. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. Under the Sales Records Act, the Seller shall be obliged to issue an invoice to the Buyer. At the same time, it shall be obliged to online register the received proceeds with the tax administrator; in the event of a technical failure, no later than within 48 hours upon its receipt. In the case of a non-cash payment, the purchase price is payable within 14 days from the date of conclusion of the purchase contract.
  1.23. In the case of non-cash payment, the Buyer shall be obliged to pay the purchase price of the goods while indicating the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the Seller's account.
  1.24. The Seller is entitled to claim payment of the full purchase price before the goods are dispatched to the Buyer (provisions of § 2119 (1) of the Civil Code shall not be applied). The delivery time in this case starts running by paying the purchase price.
  1.25. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the purchase contract. The Seller is a value added tax payer. The Seller shall issue a tax document - invoice to the Buyer after having received payment of the price of the goods and send it in electronic form to the e-mail address of the Buyer.
  1.26. Unless the purchase price is paid within the maturity date, the purchase contract is automatically cancelled.

1.4. WITHDRAWAL FROM THE PURCHASE CONTRACT

  1.27. The Buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods modified according to the Buyer's wish or for its person, and from the purchase contract for the supply of perishable goods as well as from the purchase contract for the supply of goods after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which have been removed by the consumer from the packaging and for hygienic reasons it cannot be returned and from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer broke the original packaging, and from the purchase contract for the delivery of newspapers, periodicals and magazines.
  1.28. In accordance with § 1829 (1) of the Civil Code Except for the case referred to in Article 1.27 or in another case where the purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the purchase contract within 14 days from the receipt of the goods. In cases where the subject of the purchase contract is the delivery of several types of goods or the delivery of several parts of the goods, this period begins to run from the date of the last delivery of the goods. Withdrawal from the purchase contract must be provably delivered to the Seller within 14 (four) days from the receipt of the goods, either to the Seller's address or to the e-mail address of the Seller. In order to withdraw from the purchase contract, the Buyer may use the model form provided by the Seller. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer by the cashless transfer to the Buyer's account without undue delay.
  1.29. In the event of withdrawal under the provisions of the Article 1.28 of the Terms and Conditions, the purchase contract shall be cancelled, null and void from the very beginning. Goods must be returned to the Seller within 14 days from the withdrawal from the contract. If the Buyer breaches the obligation under the previous sentence, the Seller is entitled to a contractual fine of 5% of the purchase price for each day of delay, however, up to the purchase price of the goods at the utmost. This provision is without prejudice to the right to compensation for any damage caused by a breach of an obligation which is subject to a contractual penalty, even if the damage exceeds the contractual penalty. Goods must be returned to the Seller undamaged, unused and unworn and, if possible, in the original packaging. In the event of withdrawal under the Article 1.28 of the Terms and Conditions, the Seller has the right to reimbursement of the actual costs incurred in returning the goods. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal route due to its nature.
  1.30. In accordance with the Article 1.29 of the Terms and Conditions, the Seller has the right to review the returned goods in particular to determine whether the returned goods are damaged, worn or partially consumed within ten (10) days from returning the goods by the Buyer.
  1.31. In the event of withdrawal from the contract under the Article 1.28 of the Terms and Conditions, the Seller shall return the purchase price to the Buyer, i.e. including the delivery costs received from it under the Contract by the cashless transfer to the account designated by the Buyer no later than fourteen (14) days after withdrawal carried out by the Buyer. The Seller is also entitled to return the purchase price in cash against returning the goods by the Buyer. If the Buyer chooses a different than the cheapest way of delivering the goods the Seller offers, the Seller returns the Buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods. 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 the goods have been dispatched to the Seller.
  1.32. The Seller has the right to reduce the price of the goods to be returned by the Buyer by the amount corresponding to the loss of the goods as a result of normal use. The Buyer is liable to the Seller for the diminished value of the goods that arose from the handling of the goods other than necessary taking into account its nature and properties. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall be entitled to claim the Buyer to compensate for damages incurred by the Seller. The Seller shall be entitled to unilaterally offset its claim for compensation for damage incurred against the Buyer's claim for a refund of the purchase price. Similarly and under the Article 1.29 of the Terms and Conditions, the Seller has the right to unilaterally offset its claim for the contractual penalty against the Buyer's claim for a refund of the purchase price.

1.5. TRANSPORT AND DELIVERY OF GOODS

  1.33. In case the ordered goods are not in stock, the Seller shall not be obliged to deliver such goods to the Buyer, however, it shall be obliged to inform the Buyer about the cancellation of the order. The method of delivery of the goods is determined by the Seller, unless stipulated otherwise in the purchase contract. If the mode of transport is agreed upon by the Buyer´s request, the Buyer bears the risk and any additional costs associated with this mode of transport.
  1.34. If the Seller shall be obliged under the purchase contract to deliver the goods to the place of destination specified by the Buyer in the order, the Buyer shall be obliged to take over the goods upon delivery. If the Buyer does not accept the goods at delivery, the Seller is entitled to charge the storage fee to the Buyer at a price, usual in place and time of the warehousing, including the cost of re-delivery (the costs of unloading and reloading the goods) and withdraw from the purchase contract.
  1.35. If, for the reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in any other way than specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or costs associated with another delivery method.
  1.36. Upon receipt of the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier accordingly without undue delay. In the event of a violation of the packaging indicating an unauthorized entry into the consignment, the Buyer shall not be obliged to take delivery of the consignment from the carrier. By signing the delivery note, the Buyer confirms that the consignment of goods complies with all terms and conditions, and any later complaint regarding broken packaging may not be taken into account.
  1.37. The goods Buyer shall be obliged to check the goods delivered without undue delay.
  1.38. Other parties' rights and obligations when transporting the goods may be adjusted by the Seller's terms of delivery.

1.6. RIGHTS FROM DEFECTIVE PERFORMANCE

  1.39. The rights and obligations of the parties regarding the rights arising from the defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 through up to 1925, § 2099 through up to 2117 and § 2161 through up to 2174 of the Civil Code) and by the Act No. 634/1992 Coll., on Consumer Protection as amended.
  1.40. The Seller shall be responsible for ensuring that the goods are free of defect upon takeover by the Buyer. In particular, the Seller shall be liable to the Buyer that the goods have properties as agreed by the parties upon their takeover by the Buyer, and, if such arrangement is lacking there, the goods have properties as described by the Seller or by the manufacturer or that have been expected by the Buyer with regard to the nature of the goods and on the basis of advertisements carried out. The Seller also declares and guarantees that the goods match the purpose for which the goods of this type is usually used, that the goods are in the appropriate quantity, length or weight and that they comply with the requirements of the legislation.
  1.41. This provision shall not be applied to the goods sold at a lower price for a defect for which a lower price has been agreed, for the wear and tear of the goods caused by their normal use, in case of the used goods, for a defect corresponding to the degree of wear or tear of the goods upon takeover by the Buyer or if it results from the nature of the goods.
  1.42. The Buyer shall not have the right resulting from the defective performance if the Buyer knew, prior to the receipt of the goods, knew that the item in question had a defect or if the Buyer caused the defect by itself.
  1.43. Rights from defective performance are claimed by the Buyer at the Seller's address: Lázně Bohdaneč, Na Lužci 659, postcode 533 41.

1.7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  1.44. The Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by the copyright. The Buyer undertakes not to engage in any activity that may allow it or third parties to tamper with or improperly use the software or other components that constitute the web interface of the store.
  1.45. The Buyers shall not be authorized to use mechanisms, software, or other practices that may negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of other customers of the Seller and is in accordance with its intended purpose.
  1.46. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of § 1826 (1) e) the Civil Code. The Buyer hereby takes on the risk of changing circumstances in accordance with § 1765 (2) of the Civil Code.
On the basis of the purchase contract, out-of-court settlement of consumer disputes shall be solved by the Czech Commercial Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID 00020869, website : http://www.coi.cz
  1.47. The Buyer acknowledges that the Seller shall not be responsible for any errors resulting from third-party attacks on a website or any use of a website contrary to its designation.

1.8. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL CORRESPONDENCE

  1.48. Protection of the Buyer's personal data, which is a natural person, is provided by the Act No. 101/2000 Coll., on the Protection of Personal Data as amended.
  1.49. The Buyer agrees to the processing of these personal details: name and surname, address of residence, place of delivery, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively to be referred to as the „personal data“).
  1.50. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations arising from the purchase contract and for maintaining the User Account. Unless the Buyer chooses another option, it agrees with the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer.
  1.51. The Buyer acknowledges that it shall be obliged to state its personal details (when registering and in its user account, when ordering from the web interface of the store), correctly and truthfully and to inform the Seller of any change in its personal data without undue delay.
  1.52. The Seller may assign a third party as processor of the Buyer's personal data. Excepting persons transporting goods, the personal data shall not be passed on to third parties by the Seller without the Buyer's prior consent.
  1.53. The personal data will be processed for an indefinite time period. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
  1.54. The Buyer confirms that the personal data provided are accurate and that it has been advised that this is a voluntary provision of personal data. The Buyer declares that it has been advised that the consent to the processing of personal data may be revoked by the Buyer in writing to the Seller's address.
  1.55.

Should the Buyer presume that the Seller or processor (Article 1.52) carries out the processing of its personal data contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with regard to for the purpose of their processing, it may:

- Ask the Seller or processor for an explanation,

- Require the Seller or processor to remove the resulting condition. In particular, it may include the blocking, correcting, completing or disposing of personal data. If the Buyer's request under the preceding sentence is found to be justified, the Seller or processor shall immediately remove the defective condition. If the Seller or processor fails to comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the Buyer's right to contact the Office for Personal Data Protection directly.

  1.56. If the Buyer asks for information about the processing of its personal data, the Seller shall be obliged to pass on this information. The Seller has the right to require a reasonable compensation for providing information under the previous sentence not exceeding the costs necessary to provide such information.
  1.57. The Buyer agrees to sending the information related to the Seller's goods, services, or business by the Seller to the Buyer's electronic address, and also agrees to sending the sales announcements to the Buyer's electronic address.

1.9. DELIVERY

  1.58. Unless otherwise agreed, any correspondence relating to the purchase contract shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The Buyer may be delivered to the email address listed in its user account.
  1.59.

Message shall be deemed received:
- in the case of delivery by e-mail, when it is received at the incoming mail server;
- in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,
- in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take delivery of the consignment,
- in the case of delivery through the postal service provider no later than after the lapse of ten (10) days from the deposit of the consignment and the request to the addressee to take over the stored consignment, if the postal item is deposited with the postal operator, even if the addressee of the deposit have not been notified about it.

1.10. FINAL PROVISIONS

  1.60. If the relationship relating to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer´s rights under generally binding legal regulations.
  1.61. The Seller is authorized to sell the goods on the basis of a trade license and the activity of the Seller is not subject to any other authorization. The trade inspection is carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of the Act No. 634/1992 Coll., on Consumer Protection as amended.
  1.62. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the purchase contract or Terms and Conditions require a written form.
  1.63. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  1.64. Contact details of the Seller: delivery address - Na Lužci 659, 533 41 Lázně Bohdaneč, e-mail address - , telefon 466 921 068.
     
Lázně Bohdaneč on February 15, 2011 (Updated on 5 January 2018)

 

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