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Terms & conditions of e-commerce website
Business company Jiří Mačkal - MS-Composite
based od address Nové domky 405, 382 41, Kaplice
Czech Identification Number (IČO): 60824344
registered at the Trade Licensing Office of the Czech Budejovice
with workshop based on address Dobrkovská Lhotka 76, 374 01, Slavče
for the sale of goods through an online store located at the addresses www.kayakcentrum.cz, www.kayakcentrum.com a distributor.kayakcentrum.cz
Content of Terms & Conditions:
1. Introductory provisions
2. The user account
3. Purchase Contract
4. Goods price and payment terms
5. The resignation from the purchase contract
6. Transport and delivery of goods
7. Rights of defective performance
8. Other rights and obligations of the parties
9. Privacy policy and sending business messages
10. Sending commercial messages and storing cookies
11. Delivery information
12. Closing Provisions
1. Introductory provisions
1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of Jiří Mačkal - MS-Composite, Czech business identification number (IČO): 60824344, registered at the Trade Licensing Office of the Czech Budejovice (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection with or pursuant to the purchase agreement (hereinafter referred to as "purchase agreement") concluded between the seller and any other natural or legal person (hereinafter referred to as "Buyer") through the online store of the seller. Online store is operated by the seller at the internet addresses www.kayakcentrum.cz, www.kayakcentrum.com and distributor.kayakcentrum.com through interface web site (hereinafter referred to as "Web interface").
1.2. Terms and conditions do not apply in cases where a person who intends to buy goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their independent practice of the profession.
1.3. Provisions diverging from commercial terms can be negotiated in the sales contract. Divergent arrangements in the contract shall prevail over the Terms and Conditions.
1.4. Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech and English language. The purchase agreement may be concluded in the Czech and English language.
1.5. Wording of the Terms and Conditions can be changed or modified by the Seller. This provision not affects the rights and obligations arising after the effective period of the previous version of business conditions.
2. The user account
2.1. Based on the registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter referred to as "user account"). In the event that the web interface allows it, the buyer may also order goods without need of registration directly from the Web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. In the event of change, user is obliged to update any information provided in the User account. The data provided by the buyer in the user account by the time of ordering goods by the seller are deemed to be correct.
2.3. Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access their user account.
2.4. Buyer is not authorized to provide the user account usage to a third party.
2.5. Seller may cancel a user account, especially when inactivity of the user account exceeds12 months, or if buyer breaches obligations under the purchase contract (including Terms and conditions).
2.6. Buyer acknowledges that the user account does not have to be accessible at all times, especially with regard to the necessary maintenance of hardware and software vendor or necessary maintenance of hardware and software of third parties.
3. Purchase Contract
3.1. Whole presentation of goods placed in the Web interface is informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph. 2 of the Civil Code of Czech republic law shall not apply.
3.2.1.1. Web interface provides information about goods, including the prices of individual goods and costs for returning the goods if the goods by their nature can not normally be returned by post. Goods prices includes VAT and all related charges. Prices of goods remain valid as long as they are displayed in the Web interface. By this provision seller is not limited to conclude a purchase contract under individually negotiated conditions.
a) designation of goods or services and a description of their main characteristics,
b) the price of goods or services, or the method of its calculation, including all taxes and fees,
c) method of payment and the method of delivery
3.3. Web interface also contains information on the costs related to packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the Web interface applies in the case of a global distribution of goods.
3.4. To order goods, the buyer fills an order form in the Web interface. The order form contains particular information about:
3.4.1. Ordering goods (Buyer adds ordered goods to "cart" of the Web-interface)
3.4.2. Method of payment of the purchase price, details of the required method of delivery of goods ordered
3.4.3. Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5. Before confirming the order to the seller, the buyer is allowed to check and modify data in order, even with regard to the possibility of the buyer to detect and correct errors during data entry to order. The buyer sends the order by clicking on "Confirm order". The information specified in the order by the seller are deemed to be correct. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter referred to as "buyer's email address").
3.6. Seller is always entitled to ask the buyer for additional confirmation (depending on the nature of the order quantity of goods, purchase price, estimated shipping costs), for example in writing or by telephone.
3.7. The contractual relationship between seller and buyer arises with delivery order acceptance which is sent to the buyer by e-mail, at the e-mail address of the buyer.
3.8. Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those people who previously substantially breached its obligations to the seller.
3.9. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by purchaser using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4. Goods price and payment terms
4.1. According to the contract, the price of goods and any costs associated with the delivery buyer may pay to the seller in following ways:
· In cash on address of the Workshop;
· In cash on delivery at the place stated by Buyer in order;
· Bank transfer to the seller's account no. 1939881001/5500, held by Raiffasenbank in Czech republic (hereinafter referred to as "Sellers Account");
4.2. Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of the goods.
4.3. Seller asserts the right to require the buyer to pay a deposit or other similar payment if the total price of the order exceeds the amount of 20 000 CZK (or equivalently large amount of foreign currency). This is without prejudice to the provisions of art. 4.6 this terms & conditions concerning the obligation to pay the purchase price in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment a purchase price is payable within 30 days from the purchase contract.
4.5. In the case of cashless payment, the buyer shall pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the obligation is fullfilled in the moment of attribute the payment to Sellers bank account.
4.6. The seller is entitled, in particular in the event that the Buyer does not provide additional confirmation of the order (Art. 3.6), to require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph. 1 of the Czech Civil Code shall not apply.
4.7. Any discounts from the goods price provided by the seller to the buyer can not be combined.
4.8. If it is customary in the the course of trade, or if it is so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
5. The resignation from the purchase contract
5.1. Buyer acknowledges that pursuant to § 1837 of the Civil Code, can not among others withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or for a his person from the contract for the supply of goods which are subject to rapid deterioration, as well as goods that was after delivery irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed and hygienic reasons, it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if breached their the original packaging.
5.2. If this is not the case referred to in Article 5.1 or about other cases where can not be withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, have the right to withdraw from the contract, within fourteen (14) days from receipt of the goods, in which case the purchase agreement is subject to several types of goods or supply of several parts, the period runs from the date of receipt of the final delivery. Withdrawal from the contract must be sent to the Seller within the period mentioned in the previous sentence. For withdrawal from the contract the buyer used the standard form provided by the seller, annexed to this terms & conditions. Withdrawal from the contract buyer can send inter alia, the address of the seller or the seller's e-mail address info@ms-composite.cz.
5.3. In case of withdrawal from the contract pursuant to article 5.2 of terms & conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal to Seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their usual character by post.
5.4. In case of withdrawal pursuant to Art. 5.2, the vendor returns funds received from the buyer within fourteen (14) days from the withdrawal from the contract by the buyer, in the same way as the seller received it from the buyer. The seller is also entitled to return fullfilment by the buyer at the time of returning the goods by the buyer or otherwise, unless the buyer agrees that and not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before buyer returns goods or demonstrate that the goods were sent to seller.
5.5. The seller is entitled to unilaterally set off claim for damages caused to the goods, against the claim of the purchaser to refund the purchase price.
5.6. Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, to an bank account designated by the buyer.
5.7. If goods are provided to the buyer with a gift, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift efficiency and the buyer is required to return provided gift with the goods to seller as well.
6. Transport and delivery of goods
6.1. In the event that the method of transport is based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged to deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to reciept the goods on delivery.
6.3. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively with costs associated with other delivery method.
6.4. When receiving goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the package indicative of intrusion into the package, buyer don't have to retire the package from carrier.
6.5. Other rights and obligations of the parties in the transport of goods that can be modified by a specific delivery conditions of the seller, if the seller issues.
6.6. For complete price list of postage and packing visit page Způsob objednávání in section Způsob doručení. Odkaz zde
7. Rights of defective performance
7.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Czech civil code).
7.2. The Seller answers to the Buyer, that good have no defect at the time of taking. Prodávající odpovídá kupujícímu, že zboží při převzetí nemá vady. The Seller answers to the Buyer that in time of recieving goods:
7.2.1. The goods have qualities that the parties have agreed on, and in the absence of agreement, goods have characteristics that described by the seller or the producer or the buyer expected given the nature of the goods and based on advertising they carry,
7.2.2. the goods are fit for the purpose which the seller says its use or for which goods of the same type are normally used
7.2.3. goods correspond to the agreed quality or design sample or template, if it was quality or performance determined in accordance with the agreed sample or template,
7.2.4. the goods in the right quantity, measure or weight
7.2.5. the goods comply with the legal requirements.
7.3. The provisions referred to in Article. 7.2 business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated, against natural wear of the goods caused by its common use, the used goods at fault by use or wear that goods had to take over the buyer, or if it appears that the nature of the goods.
7.4. If defect apears within six months after the recieving, it is assumed that the goods were defective at the time of recieving. The buyer is entitled to apply the right of defect that occurs in consumer products during the twenty-four months after the recieving.
7.5. The buyer enforce rights of defective performance at seller's premises - Dobrkovská Lhotka 76, 374 01, Slavče, Czech republic - where is possible to accept the reclaim considering the assortment of goods selling there, possibly at the headquarters or place of business. The moment when the seller receives from the buyer claimed goods is considered as moment of exert the reclaim.
7.6. Other rights and obligations of the parties related to the responsibility of the seller for defects can modify the complaints procedure of the seller.
8. Other rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the entire purchase price.
8.2. Seller is not in relation to the purchaser bound by any codes of conduct under § 1826, paragraph. 1 point. e) Czech Civil Code.
8.3. Off-court complaint consumer provides the seller via electronic address info@ms-composite.cz. Information about the handling complaints sends the seller to the buyer's email address.
8.4. The seller is entitled to sell goods on the grounds of trading licence. Trade control is carried out by the Trades Licensing Office under its competent authority. Supervision of privacy is performed by the Office for Personal Data Protection. Czech Trade Inspection performs within the defined scope, among others supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
8.5. Buyer hereby takes on himself the danger of changing circumstances within the meaning of § 1765, paragraph. 2 of the Czech Civil Code.
9. Privacy policy and sending business messages
9.1. Protection of buyers private information who is a natural person, is provided by Act no. 101/2000 Coll., On Protection of Personal Data, as amended.
9.2. Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
9.3. Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer chooses another option, agrees to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety under this Article is a condition which would made it impossible to conclude a purchase agreement.
9.4. Buyer acknowledges that it is obliged to their personal data (for registration, in your user account, when ordering from the web interface of the shop) provide correct and true and without undue delay inform the seller about the change in his personal data.
9.5. For the purpouse of processing of personal data, Seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer passed on to any third parties.
9.6. Personal data will be processed for indefinite period of time. Personal data will be processed electronically in an automated manner or in printed, non-automated form manner.
9.7. The buyer confirms that the personal data are inaccurate and that he was advised that it is voluntary provision of personal information.
9.8. In the event that the Buyer believes that the seller or processor (Art. 9.5) performs the processing of his personal data in a way that is inconsistent with the protection of private and personal life of the buyer or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to correct the situation.
9.9. If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10. Sending commercial messages and storing cookies
10.1. Buyer agrees to receive information related to the goods, services or seller's company to the buyer's email address and agree to receive commercial communications from seller to buyer's email address.
10.2. Buyer agrees with saving so called Cookies on his computer. In the event that a purchase on the website can be made and the seller's obligations from the purchase contract to fulfill, without storage so called Cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time.
11. Delivery information
11.1. Goods can be delivered to the buyer at the buyer's email address.
12. Closing Provisions
12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions.
12.3. The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible
12.4. This Terms & conditions contains an attachment - a model form for withdrawal from the contract.
12.5. Contact information of the Seller: Address for delivery: Dobrkovská Lhotka 76, 374 01, Slavče, Czech republic, electronic email address info@ms-composite.cz, phone number (+420) 384 972 911.
In Slavče, of the day 1.1.2016
Managing Director - Jiří Mačkal