TERMS AND CONDITIONS
1.1. These business conditions ( hereinafter referred to as " business conditions ") trading company Torikatu s.ro , is headquartered Borovanská 3387/4, Modřany , 143 00 Praha 4, ID: 02754118, registered in the Commercial Register maintained by (C 223164 registered at the Municipal Court in Prague ( hereinafter referred to as the " seller ") are regulated in accordance with the provisions of § 1751 par . 1 of Act No. 89/2012 Coll ., The Civil Code ( hereinafter the “ Civil Code ”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract ( hereinafter the “ purchase contract ”) concluded between the seller and another natural person ( hereinafter referred to as the " buyer ") through an online store of the seller . Online store seller operated on a Web site placed on the Internet at www.ducabike.cz ( hereinafter referred to as " Website "), and through the interface of the website ( hereinafter referred to as " Web-based commerce ").
E - shop opening hours : 24 hours a day , 7 days a week
1.2. Business conditions will not apply to cases , when a person who intends to buy goods from the seller is a legal entity or person who is acting in ordering goods within their business activity or in the context of their independent exercise of the profession .
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract . Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions .
1.4. The provisions of the business conditions are an integral part of the purchase contract . The purchase contract and business conditions are drawn up in the Czech language . The purchase agreement may conclude in the Czech language , English language , German language , Vietnamese language .
1.5. The wording of the terms and conditions may be changed or supplemented by the seller . This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions .
2.1. On the basis of the registration of the buyer made on the Web site can buyers access to its user interface. From its user interface , the buyer can order goods ( hereinafter referred to as " user account "). In the event that the web interface allows you to trade, the buyer perform ordering goods also without registration directly from the web interface business.
2.2. When registering on a Web page, and when ordering goods the buyer is obliged to indicate correctly and truthfully all information. Data presented in the user account is a buyer at any of change required to update . The data referred to by the buyer in the user account and when ordering goods are sellers regarded as correct .
2.3. Access to the user account is secured by a username and password . The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. Seller may cancel a user account, especially in the case , the buyer your user account is not used for more than one year, or in the case , the buyer violates its obligations under the purchase contract ( including business conditions ).
2.6. The buyer takes on a note that the user account may not be available continuously , and it especially with regard to the necessary maintenance of hardware and software sellers , respectively . necessary maintenance of third party hardware and software .
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. Provisions of § 1732 par . 2 of the Civil Code shall not apply.
3.2. The Web interface contains business information about products, and that including bringing the prices of individual goods. Prices of goods are listed including taxes on added value and all related charges . Prices of goods remain in force for a period of time, which are displayed in the web interface business. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions .
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases , where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods ( hereinafter collectively referred to as " order ").
3.5. Before sending the order to the seller , the buyer is allowed to check and change the data that the buyer entered in the order , even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the button confirming the completion of the order. Data presented in the order they are sellers regarded as correct .
3.6. Sending your order to be considered for such an act of the buyer , who unequivocal way to identify the ordered goods, the purchase price, the person of the buyer , the method of payment of the purchase price, and is a Contracting Party binding draft purchase contract . The condition of validity of the order is to fill all the mandatory data in the order form , familiar with the following business conditions on the Web site and confirm the buyer that is with these business conditions met .
3.7. Seller immediately after receipt of the order this receipt to the buyer confirms by e-mail, at the e-mail address of the buyer specified in the user interface or in the order ( hereinafter referred to as " electronic address of the purchaser ").
3.8. Depending on the nature of the order ( quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order ( for example, in writing or by telephone).
3.9. The draft purchase contract in the form of an order is valid for fourteen days .
3.10. Contractual relationship between seller and buyer arises delivery receipt of the order ( acceptance ), which is the seller sent to the buyer by e-mail, at the e-mail address of the buyer .
3.11. In the event that any of the requirements specified in the order cannot be met by the seller , he will send the buyer an amended offer to the buyer 's e- mail address stating possible variants of the order and request the buyer's opinion .
3.12. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.
3.13. 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 , costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate .
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 :
- non-cash transfer to the account of the seller no. 184814745/2010 kept at the company Fio bank ( hereinafter referred to as " the account of the seller ");
- cashless through the payment system: Paypal , MoneyBookrs , Gopay , and more .
- cashless payment card
- through a loan provided by a third party.
4.1. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Not if indicated explicitly otherwise , means are also the purchase price and the costs associated with the delivery of the goods.
4.2. The seller does not require a deposit or other similar payment from the buyer . This does not affect the provisions of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance .
4.3. In the case of payment in cash or in the case of payment on delivery , the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract .
4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer 's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account .
4.5. The seller is entitled to , especially in the event that the party buyer not to additional confirmation of the order (Art. 1.19) require payment of the entire purchase price even before sending the goods to the buyer . Provisions of § 2119 par . 1 of the Civil Code shall not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other .
4.7. If the commercial arm's length basis or, if so determined by generally binding legal regulations , exposing the seller regarding payments conducted on the basis of the purchase contract buyer tax document - invoice . Seller NOT pays tax on added value. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer 's electronic address .
5.1. Buyer takes to note that under the provisions of § 1837 of the Civil Code , can not be among others to withdraw from the purchase contract :
5.1.1. on the supply of goods, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract ,
5.1.2. on the supply of alcoholic beverages , which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller ,
5.1.3. on the delivery of goods that have been modified according to the wishes of the buyer or for his person
5.1.4. the supply of goods, which is subject to rapid deterioration , as well as goods, which was after the delivery irrevocably mixed with other goods,
5.1.5. on the delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return ,
5.1.6. on the delivery of an audio or video recording or a computer program, if it has broken their original packaging,
5.1.7. on the supply of newspapers , periodicals or magazines ,
5.1.8. the delivery of digital content, if not delivered on material support and was delivered with the prior express consent of the buyer before the expiry of the deadline for withdrawal from the contract and the seller before the conclusion of the contract told the buyer that this case has the right to withdraw from the contract .
5.2. If it is not a case specified in these terms and conditions , when it is not possible to withdraw from the purchase contract , the buyer has in accordance with the provisions of § 1829 par . 1 of the Civil Code, the right to purchase the contract to withdraw , and to fourteen (14) days from receipt of goods , while in the event that the subject of the purchase contract is several kinds of goods or supply of several parts , runs this period from the date of receipt of the last delivery. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence .
5.3. To withdraw from the purchase contract , the buyer can use the sample form provided by the seller ( annex to these terms and conditions ), which forms an appendix to the terms and conditions . Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's premises or registered office . The provisions of these terms and conditions apply to the delivery of withdrawals from the contract . The entrepreneur shall confirm the consumer 's acceptance in text form without undue delay .
5.4. In the event of withdrawal from the purchase contract according to the business conditions , 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 to the seller . Resign if the buyer of the purchase contract , carries the buyer the costs associated with returning the goods to the seller , even in that case , the goods can not be returned to their character usual postal route.
5.5. In case of withdrawal from the contract according to business conditions return seller cash funds received from the buyer to fourteen (14) days from the withdrawal from the purchase contract by the buyer , and that in the same way , which is the seller from the buyer received . The seller is also entitled to return the performance provided by the buyer already at returning the goods the buyer or any other way , unless with the buyer will agree to and shall not bear the purchaser additional costs. Resign if the buyer of the purchase contract , the seller is not obliged to return the received cash funds to the buyer sooner than he buyer of goods returned or prove that the goods the seller sent .
5.6. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.7. Until the receipt of goods by the buyer is the seller shall be entitled at any time of the purchase contract withdraw . In such a case , the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer .
5.8. If together with the goods provided the buyer a gift , the gift agreement between the seller and the buyer concluded with an expiry condition that occurs if the withdrawal from the purchase contract by the buyer , loses donation agreement regarding such a gift effectiveness and the buyer is required along with the goods the seller to return and given a gift .
6.1. In the event that the method of transport is negotiated on the basis of a specific request of the buyer , carries buyer risk and any additional costs associated with this method of transport.
6.2. 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 .
6.3. In the event that the reasons on the part of the buyer need goods delivered repeatedly or another way than was specified in the order , the buyer is obliged to pay the costs associated with repeated the delivery of goods, respectively. costs associated with another method of delivery.
6.4. When taking over the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects that immediately notify the shipper . In the case of finding violations packaging suggestive of an unauthorized intrusion into consignment may not buyers shipment from the shipper to take .
6.5. Other rights and obligations of the parties in the transport of goods can modify the special delivery conditions of the seller , as if the seller issued .
WAY OF TRANSPORTATION
TRANSPORT COMPANY GLS
delivery 36, - eur
Delivery time is stated from the shipment of the package. Free shipping is the sum of 20 000 , - CZK
8.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations ( in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code ).
8.2. The seller responds to the buyer that the goods are free of defects upon receipt . Especially the seller is responsible buyer that time , the buyer of goods taken over :
8.2.1. the goods properties, which the parties have negotiated , and if there is no agreement , it has such features that the seller or manufacturer described or that buyers expect with regard to the nature of the goods and on the basis of advertisements they carried .
8.2.2. with products suited to the purpose, which for its use vendor lists or to whom the goods of the kind normally used .
8.2.3. Product corresponds to quality or making the agreed sample or template , being if quality or design determined by the agreed sample or template ,
8.2.4. the goods are in the appropriate quantity , measure or weight; and
8.2.5. the goods comply with the requirements of legal regulations .
8.3. The provisions referred to in business conditions to apply to goods sold at a lower price to a defect for which the lower price negotiated to wear goods caused by its common use , for used goods to defect corresponding to the degree of use or wear , that goods be in receipt of the purchaser , or if it follows from the nature of the goods.
8.4. Effect if the defect in the course of six months from the receipt , it is considered that the goods were defective already upon receipt .
8.5. The rights arising from defective performance are exercised by the buyer with the seller at the address of his establishment , where the acceptance of the complaint is possible with regard to the range of goods sold , or at the registered office or place of business . The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer .
8.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure .
9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par . 1 letter e) of the Civil Code .
9.3. The extrajudicial solutions to consumer disputes a purchase contract is relevant Czech Trade Inspection , is headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: www.coi.cz
9.4. The seller is entitled to sell goods on the basis of a trade license . Trade licensing is carried out within the scope of its competence by the relevant trade licensing office . Surveillance of areas of protection of personal data carries the Office for the Protection of Personal Data . Czech Trade Inspection performs in a limited range of inter alia the supervision of compliance with the Act no. 634/1992 Coll ., On the protection of consumers , in the wording of subsequent regulations .
9.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 par . 2 of the Civil Code .
9.6. In the event of a technical system failure or force majeure, the operator is not responsible for non-compliance with operating hours.
9.7. The Sales Registration Act (EET) obliges the seller to issue a receipt to the buyer . At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure , within 48 hours at the latest .
10.1. Protection of personal data of the buyer , who is a natural person, is provided by Act no. 101/2000 Coll ., On protection of personal data , the wording of subsequent regulations .
10.2. Buyer agrees to the processing of those of their personal data : name and surname , address of residence , identification number, tax identification number, email address, telephone number ( hereinafter collectively all just as " personal information ").
10.3. The buyer agrees to the processing of personal data by the seller , for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option , he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer . Consent to the processing of personal data in a whole range under this article is not a condition , which would itself itself impossible conclusion of the purchase contract .
10.4. The seller is the processor and administrator of personal data of users in accordance with the regulations of the European Parliament and the EU in connection with the processing of personal data (GDPR). The seller is committed to deal with personal data in accordance with legal regulations and in accordance with the "GDPR".
10.5. The buyer takes on a note that is required of their personal data ( during registration , in your user account when the order made by the business web interface) indicate correctly and truthfully and that it is obliged , without undue delay, inform the seller about the change in your personal data .
10.6. The seller may authorize a third party to process the buyer's personal data as a processor , but only in accordance with the "GDPR". Except for persons transporting goods , personal data will not be passed on to third parties by the seller without the prior consent of the buyer .
10.7. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner .
10.8. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data .
10.9. Operator shop to reserve the right to use anonymised data on the activity of users of Web applications to improve their services .
10.10. In the event that the buyer thought the seller or processor performs the processing of his personal data , which is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law , especially as if personal data are inaccurate with regard to the purpose of their processing , may :
10.10.1. ask the seller or processor for an explanation ,
10.10.2. require that the seller or processor removed thus resulting state.
10.11. It asks if the buyer of the information about the processing of their personal data , he is the seller obliged this information forward . The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information .
11.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer .
11.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that the purchase of a web page can make and obligations of the seller of the purchase contract to fulfill , without it there for storage so. Cookies on the computer of the buyer , the buyer agreement by the previous sentence at any time to withdraw .
12.1. Notices concerning the relationship between the seller and the buyer, in particular concerning the withdrawal from the purchase contract , must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase contract . Notice is delivered to the appropriate contact address of the other party and considered a deemed received and effective upon their delivery by mail, with the exception of the notice of withdrawal from the contract made by the buyer , when the resignation effective if the notification the buyer of the deadline for withdrawal sent .
12.2. As delivered is considered the announcement, the takeover was the addressee refused , which was not picked up in the storage time , or that is returned as undeliverable .
12.3. The contracting parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order , resp. to the address listed on the seller 's website .
13.1. If the 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 arising from generally binding legal regulations .
13.2. If any provision of business conditions is invalid or ineffective, or with such happens, instead of the invalid provisions board provisions, whose meaning is invalid provision as possible approaches . The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
13.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible .
13.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract .
13.5. Seller's contact details : delivery address Borovanská 3387/4, Modřany , 143 00 Prague 4, e-mail address email@example.com, telephone 725832417 .
In Prague on 1.1.2018