Business Companies DIREKTA GROUP s.r.o.
With registered office at Zenklova 37/2, 18000 Praha 8
Identification number: 25685295 Tax ID: CZ25685295
Registered in the Commercial Register on 4 August 1998 at the Municipal Court in Prague, Section C, File 61041
For the sale of goods through an online store located at www.sensodroid.com
1. Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of DIREKTA GROUP s.r.o. , With registered office at Zenklova 37/2, 18000 Praha8, identification number: 25685295, registered in the Commercial Register on 4 August 1998 at the Municipal Court in Prague, Section C, Insert 61041 (hereinafter referred to as the "Seller"), in accordance with § 1751 (1) of Act No. 89/2012 Coll., The Civil Code (the "Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with the purchase agreement (hereinafter referred to as the "Purchase Contract") concluded between the seller and another (Hereinafter referred to as "buyer") via the seller's internet shop. The e-shop is operated by the seller on a web site located on the Internet (hereinafter referred to as the "Website") through the web interface (hereinafter referred to as the "web interface of the shop").
1.2. Business terms do not apply to cases where a person intending to purchase goods from a seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or add the wording of the business terms. 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.
2. User account
2.1. Based on buyer registration made on a website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of goods (hereinafter 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.
2.2. When registering on a website and when ordering goods, the buyer is 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. The buyer's details on the user account and the ordering of the goods are considered correct by the seller.
2.3. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially when the buyer does not use his user account for longer or if the buyer breaches his obligations under the sales contract (including business terms).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, Necessary maintenance of hardware and software of third parties.
3. Closing the Purchase Agreement
3.1. All presentations of the goods placed in the web interface of the store are of an informative character and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packing and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer will fill in the order form in the web interface of the store. In particular, the order form contains information about:
3.4.1. Ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. The method of payment of the purchase price of the goods, details of the required delivery of the ordered goods and
3.4.3. Information on the costs associated with the supply of goods (collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer placed in the order, even with regard 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 the "" button. The details given in the order are considered correct by the seller.
3.6. Sending an order is considered to be such an act by the buyer who undoubtedly identifies the goods ordered, the purchase price, the buyer's person, the method of payment of the purchase price, and is a binding contract proposal for the parties. The condition of the order is to fill in all required data in the order form, familiarize yourself with these terms and conditions on the website and confirm the buyer that he has become acquainted with these terms and conditions.
3.7. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.8. The seller is always entitled to ask the buyer for 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).
3.9. The draft purchase order in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance) received by the seller to the buyer by e-mail to the buyer's e-mail address.
3.11. In the event that any of the requirements specified in the order can not be fulfilled by the seller, he will send the buyer to the buyer's electronic address a modified offer indicating possible variants of the order and request the buyer's opinion.
3.12. The modified offer is considered a new draft Purchase Agreement, and the Purchase Agreement is then terminated only upon receipt by the buyer via electronic mail.
3.13. The buyer agrees to use remote 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 a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. Cost of goods and payment terms
4.1. The buyer may pay the buyer the following goods in the following manner: the price of the goods and any costs associated with the delivery of the goods under the purchase contract:
4.1.1. Cash in cash at the place specified by the buyer in the order;
4.1.2. Cashless transfer to Seller's account No. 2500680144/2010, kept with Fio Bank (hereinafter referred to as the "Seller Account");
4.1.3. Non-cash via the payment system;
4.1.4. Cashless payment card;
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. The seller does not require an advance or any other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash 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 days of the purchase agreement.
4.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. Seller is entitled, in particular if the buyer does not receive an additional order confirmation (clause 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in the course of trade or if it is determined by generally binding legal regulations, the seller will issue a tax invoice - invoice to the buyer in respect of payments made under the purchase contract. The seller is the taxpayer of the value added tax. Tax document - The invoice is issued by the seller to the buyer after payment of the price of the goods and sent to him in electronic form at the buyer's electronic address.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract:
5.1.1. On the supply of goods the price of which depends on financial market fluctuations, irrespective of the seller's will, and which may occur during the withdrawal period,
5.1.2. The supply of alcoholic beverages which can be delivered only after thirty days and whose price depends on financial market displacements independent of the seller's will,
5.1.3. The delivery of goods which has been modified according to the buyer's wish or for his person
5.1.4. On the supply of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery,
5.1.5. The supply of goods in closed packaging which the buyer has removed from the packaging and for hygienic reasons it can not be returned,
5.1.6. To deliver an audio or video recording or a computer program if it has broken its original packaging,
5.1.7 The supply of newspapers, periodicals or magazines,
5.1.8. On the delivery of digital content unless it has been delivered on a physical medium and has been supplied with the prior express consent of the buyer before the expiration of the withdrawal period and the seller has communicated to the buyer, before the contract is concluded, that he has no right to withdraw from the contract in such a case.
5.2. If the case referred to in Article 5.1 is not the case, or in another case where the purchase contract can not be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days From the takeover of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence.
5.3. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller's office or place of business. The provisions of Article 11 of these Terms and Conditions apply to the service of withdrawal.
5.4. In the case of withdrawal from the Purchase Contract in accordance with Article 5.2 of the Business Terms, the Purchase Agreement is abolished from the outset. Goods must be returned to the seller within 14 (fourteen) days of withdrawal from the seller's contract. 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 can not be returned by their normal postal route.
5.5. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The Seller is also entitled to return the purchases provided by Buyer upon return of the Goods to the Purchaser or in any other way, provided that Buyer agrees and does not incur additional costs to Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
5.6. The Seller is entitled to indemnify the Seller against the buyer's claim for a refund of the purchase price.
5.7. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price without undue delay to the buyer, without charge, to the account specified by the buyer.
5.8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller Provided gift.
6. Transport and delivery of goods
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. Costs associated with another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, the buyer is not required to take delivery of the consignment from the carrier.
7. Rights of defective performance
7.1. The rights and obligations of the parties regarding the rights to defective performance are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer for the goods to have no defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. The goods have properties that have been negotiated by the parties and, in the absence of an arrangement, have properties that the seller or manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. The goods fit the purpose for which the seller indicates or to which the goods of this type are usually used,
7.2.3. The goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4. The goods are in the appropriate quantity, degree or weight and
7.2.5. Goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Terms and Conditions of Business shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of goods caused by their normal use, for used goods to a defect corresponding to the degree of wear or tear used by the goods Buyer, or if it results from the nature of the goods.
7.4. If a defect occurs within six months of the takeover, the goods are deemed to have been defective already at takeover.
7.5. Rights to defective performance are claimed by the buyer at the seller's address, where acceptance of the claim is possible with regard to the range of goods sold, eventually also in the registered office or place of business. The moment of claiming is the moment when the seller received the goods complained of from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
8. Other rights and obligations of the parties
8.1. Buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2 The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) E) the Civil Code.
8.3. Out-of-court complaint handling is provided by the seller via an electronic address. Buyer's complaint information will be sent by the seller to the buyer's email address.
8.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Civil Code.
9.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number and (collectively, all as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
9.4. The buyer acknowledges that he is required to state his / her personal data (when registering, in his / her user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his / her personal data without undue delay.
9.5. The vendor may process the buyer's personal data to a third party as processor. In addition to persons transporting goods, personal data will not be passed on to the third party by the seller without the buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.8. In the event that the purchaser believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the buyer's private and personal life, or in contravention of the law, in particular if personal data are inaccurate with respect to For the purpose of their processing, may:
9.8.1. Ask the seller or processor for an explanation,
9.8.2. Require the seller or processor to remove the resulting condition.
9.9. If the buyer asks for information about the processing of his or her personal data, the seller is required to pass on this information. The Seller has the right to provide information under the preceding sentence for a reasonable reimbursement not exceeding the costs necessary to provide the information.
10. Sending business messages and storing cookies
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address.
10.2. Buyers agree to store cookies on their computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the buyer's computer, the buyer may withdraw the consent under the preceding sentence at any time.
11.1. Notices relating to the relationship between the seller and the buyer, particularly regarding withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
11.2. A notification is also deemed to have been delivered, the receipt of which was rejected by the addressee, which was not picked up during the storage period or returned as undeliverable.
11.3. The Contracting Parties may deliver a regular correspondence to each other by electronic mail, to the e-mail address specified in the buyer's user account or specified buyer in the order or, respectively, To the address on the Seller's website.
12. Final Provisions
12.1. If a relationship based on a sales 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.
12.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be enforced as to the closest possible approximation of the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require written form.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The attachment to business terms forms a sample form for withdrawal from the sales contract.
12.5. Contact details of the seller: DIREKTA GROUP s.r.o., Zenklova 37/2, 18000 Praha 8, firstname.lastname@example.org, +420603597400.