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General Terms and Conditions
of ZEMAN / TECHNOGROUP s.r.o., ID:28073436, with registered office at Českomoravská 1181/21, 190 00 Praha 9
These General Terms and Conditions of Business (hereinafter referred to as GTC) apply to purchases in the online shop http://zemanboots.com/, which is operated by ZEMAN / TECHNOGROUP s.r.o., ID:28073436, with registered office at Českomoravská 1181/21, 190 00 Praha 9, registered office no. in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 163295. These GTC regulate the relations between the Buyer and the Seller in the sale of goods between ZEMAN / TECHNOGROUP s.r.o., ID:28073436, with registered office at Českomoravská 1181/21, 190 00 Praha 9, regist. in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 163295 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").
All contractual relations are concluded in accordance with the law of the Czech Republic. By placing an order, the Buyer confirms that he/she has read these Terms and Conditions, of which the Complaints Procedure forms an integral part, and that he/she agrees to them. The Buyer is sufficiently notified of these terms and conditions and has the opportunity to familiarize himself with them prior to the actual execution of the order.
The Seller is (the company) ZEMAN / TECHNOGROUP s.r.o., ID:28073436, with registered office at Českomoravská 1181/21, 190 00 Prague 9, registered office no. in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 163295.
The Buyer is a consumer or an entrepreneur.
A consumer is a natural person who, when concluding and performing the Purchase Contract with the Seller, is not acting within the scope of his/her trade or other business activity or within the scope of his/her independent exercise of his/her profession. When initiating business relations, the Consumer provides the Seller only with his/her contact details necessary for the smooth execution of the order, or the details he/she wishes to have on the purchase documents.
Legal relations of the Seller with the Consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.
- a person registered in the Commercial Register,
- a person registered in the Commercial Register (in particular, companies),
- a person who carries on business on the basis of a trade licence (a trader registered in the Trade Register),
- a person who carries on business on the basis of a licence other than a trade licence under special regulations (this includes, for example, the liberal professions such as the legal profession, etc.), and
- a person who carries out agricultural production and is entered in the register under a special regulation
Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer shall be governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended, as well as related regulations.
The Seller's individual Contract with the Buyer is superior to the Terms and Conditions.
2.3. Consumer Contract
Purchase contract, contract for work, or other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the supplier, or the Seller.
3. Processing of personal data
All handling of personal data of the Buyer is governed by Act No. 101/2000 Coll., on the protection of personal data, as amended, and other legislation in force in the Czech Republic. The Buyer, by his/her free decision (by pressing the Order button ), indicates that he/she is aware of all of the above and agrees to the further processing of his/her personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to protection of your rights to the extent provided by law. You may withdraw this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and will not be shared with third party applications.
By providing the above personal data and clicking on the confirmation icon, the Buyer voluntarily consents to the data provided to the extent that he/she has filled in in a particular case or that has been obtained about him/her on the basis of the concluded Purchase Agreement or in the context of browsing the Operator's website, being processed by the Operator and the Seller, whose data are listed in the Preamble to these Terms and Conditions, as the Controller, for the purpose of offering the Controller's services and products, sending information about the Controller's activities, including by electronic means (in particular e-mail, SMS messages, telemarketing) in accordance with Act no. 480/2004 Coll., for the period until the withdrawal of this consent ( e.g. by sending any message to the email: email@example.com). The controller may delegate the processing of the above personal data to a third party as a processor.
The controller hereby informs the data subject and provides him/her with explicit instructions on the rights arising from Act No. 101/2000 Coll, on the protection of personal data, i.e. in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the aforementioned consent at any time in writing at the address of the controller and further has the right to contact the Office for Personal Data Protection in the event of a violation of his/her rights and to request appropriate remedies, which are e.g. the data subject shall be entitled to the following remedies: to refrain from such actions by the controller, to remedy the situation, to apologise, to correct or supplement, to block or destroy the personal data, to pay monetary compensation, as well as to exercise other rights under Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal data processed about him/her by the Operator or the Seller, he/she may request it at the email address firstname.lastname@example.org or at the above mentioned postal address of the Operator or the Seller.
4. Order and conclusion of the Contract
The Buyer is entitled to order goods from the Seller through the ordering system of the e-shop or by phone.
The proposal for the conclusion of a purchase contract is the placement of the offered goods by the Seller on the site, the purchase contract is formed by sending the order, or telephone order of the Buyer by the consumer and acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email, but this confirmation does not affect the formation of the Contract. The resulting Contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on statutory grounds.
For capacity and economic reasons, the Seller is unable to store certain types of lesser-sold goods for a long period of time. When ordering goods in excess of CZK 27,000, the Buyer undertakes to pay the Seller a deposit of 50% of the selling price of the goods. The Seller is obliged to order the goods from the Supplier only at the moment of payment of the full amount of the deposit by the Buyer. For the payment of the deposit, the Seller accepts the payment terms specified in Part 6 of these GTC, under the items Payment by bank transfer, PayPal payment (Visa, MasterCard). The deposit is refundable only if the Seller is unable to ensure delivery of the goods to the Buyer.
These GTC are drawn up in the Czech language, while the purchase contract can also be concluded only in the Czech language. A consumer who has a permanent residence in a member state of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude the purchase contract in the Czech language. After the conclusion of the purchase contract, it is not possible to ascertain whether any errors occurred in the processing of data prior to placing the order or to correct such errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within 1 year from the date of its signing.
5. Price and payment
The offer and the prices quoted on the Seller's online shop are contractual, final, always up-to-date and valid,
and for as long as they are so offered by the Seller in the online shop. The
shipping costs are set out in the section "Delivery time and conditions". The costs of using remote means of communication shall be borne by the Buyer. The final calculated price after filling in the order form is already indicated including the shipping costs. The price stated for the goods at the time of ordering by the Buyer shall apply as the price at the conclusion of the Contract between the Seller and the Buyer.
The tax document based on the Purchase Contract between the Seller and the Buyer also serves as the delivery note. The Buyer may only take over the goods in principle after they have been paid for in full, unless otherwise agreed.
If the Buyer makes payment and the Seller is subsequently unable to ensure delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for reimbursement of the funds spent depends on the chosen method of reimbursement, but may not exceed 30 days from the time when this impossibility arose.
The goods shall remain the property of the Seller until full payment. The Seller accepts the following payment terms:
- Payment on receipt of goods
- Payment by bank transfer
- Payment by PayPal (Visa, MasterCard)
- Payment on delivery
6. Delivery time and delivery conditions
The Seller shall fulfil the delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the first carrier, thereby also transferring the risk of damage to the goods to the Buyer.The availability of the product is always indicated in the details of this product. The delivery time is dependent on the availability of the product, payment terms and delivery conditions, and is a maximum of 30 days. In normal cases we will dispatch the goods within 2 working days of payment of the full purchase price. The final delivery date is always indicated in the email confirming the order. The Buyer will receive a tax document/invoice together with the shipment.
In the interest of efficiency of delivery, the Seller reserves the option to send the goods to the Buyer in multiple deliveries, with the Buyer paying the postage costs only for the first delivery.
The delivery period for goods to be paid for by the Buyer upon receipt, i.e. on delivery, shall commence on the date of valid conclusion of the Purchase Contract pursuant to Article IV of these GTC. In case the Buyer has chosen a payment option other than payment of the goods upon receipt, the delivery period starts only from the full payment of the purchase price, i.e. from the crediting of the relevant amount to the Seller's account.
The Seller accepts the following delivery conditions:
- Czech Post
Within 7 days of purchase, we offer the possibility of a free exchange of goods, and within this free exchange, the goods can be sent to the buyer 1 time, either by sending a new size of goods or another product.
In case of return of the goods by the Buyer to the Seller within 7 days, the Buyer shall bear the cost of postage. In the case of an order of goods worth more than 10000,- CZK, the Seller bears the cost of shipping and payment.
7. Warranty and service
When selling consumer goods, the warranty period is 24 months. If the sold item, its packaging or the instructions attached to it are marked on the item for use in accordance with special legislation, the warranty period expires on the expiry of this period.
The warranty does not cover wear and tear caused by normal use. In the case of goods sold at a lower price, the guarantee does not cover defects for which the lower price was agreed. In the case of second-hand goods, the seller shall not be liable for defects corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer.
In order to claim warranty repair, it is necessary to present the purchase document (receipt, invoice, lease contract) or the warranty certificate. In case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport.
The Seller shall provide the Buyers with post-warranty service. In the case of sending the goods to the Seller, the goods must be packed for transport in such a way as to prevent damage during transport. The repaired goods will be sent to the Buyer on delivery via Czech Post, while the price of the repaired goods will be charged postage in the amount of 100,- CZK.
8. Complaints procedure
In the event that a defect occurs during the warranty period, the Buyer, depending on the nature of the defect, has the following rights when exercising the warranty:
in the case of a removable defect:
- the right to free, proper and timely removal of the defect
- the right to replacement of the defective goods or defective component, unless this is disproportionate to the nature of the defect
- in the event of the impossibility of the procedures referred to in 1) and 2) above, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract
in the case of irremediable defects:
- the right to have the defective goods replaced or to withdraw from the purchase contract
in the case of a removable defect, if the Buyer cannot use the goods properly due to the recurrence of the defect after repair (i.e. the goods have already been claimed 3 times for the same defect) or due to a greater number of defects
- the right to exchange the defective goods or to withdraw from the purchase contract
in the case of other irremediable defects and if the consumer does not request the replacement of the goods:
- the right to a reasonable discount on the purchase price or to withdraw from the purchase contract
Complaints can be made to the Seller, at all of its premises, or to other repair shops, namely:
- 687 09 Boršice 224
Complaints do not apply in the following cases:
- if the defect or damage has been proven to have been caused by improper use, contrary to the instructions for use or other improper conduct of the Buyer
- demonstrable tampering with the goods for defects caused by normal wear and tear of consumer goods with a specified period of use under special legislation, if such a claim is made
- after the expiry of such period
- defects caused by natural disasters
9. Termination of the Contract
Due to the nature of the conclusion of the Purchase Contract via distance communication, the Buyer, who is a consumer, has the right to withdraw from this Contract without any penalty within 7 days of receipt of the goods. Furthermore, the Buyer who is a consumer has the right to withdraw from the Contract in accordance with the provisions of Section 53 (7) and (8) of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur and concludes the Purchase Contract in connection with his business activity. In the event of the aforementioned withdrawal from the Contract, the Seller shall send the purchase price to the Buyer's bank account, which the Buyer shall communicate to the Seller for this purpose.
The Seller shall have the right to withdraw from the Contract if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.
10. Final provisions
The Buyer shall allow the Seller to perform its obligations in accordance with the Offer/Contract and shall cooperate with the Seller in all necessary ways.
The Buyer agrees to pay all costs incurred by the Seller in sending reminders and the costs of recovery of any claims.
The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.
The Buyer shall promptly notify the Seller of any change in its identification data within 5 working days of the date of such change.
The parties agree to use their best efforts to amicably resolve any disputes arising out of or in connection with the Contract and/or the GTC.
Pursuant to Act No. 216/1994 Coll., the Parties expressly agree that all property disputes arising out of this Agreement, as well as disputes that may arise in the future from the legal relationship established by this Agreement, with the exception of disputes arising in connection with execution and disputes arising from insolvency proceedings, unless resolved by mutual agreement, shall be arbitrated under the laws of the Czech Republic by Mgr. Daniel Janda, born 1.4.1971, residing in Brno, Fillova 105/8, postcode: 638 00. The arbitrator appointed by this arbitration clause shall decide disputes without an oral hearing, only on the basis of written materials submitted by the parties. However, if the arbitrator does not consider the written materials sufficient, he/she shall be entitled to order an oral hearing. The arbitration shall be conducted in accordance with the law of the Czech Republic and the principle of fairness shall be applied.
The costs of the arbitration shall be:
- the arbitration fee shall be 5% of the value of the subject matter of the dispute, but not less than CZK 5,000. The fee represents the arbitrator's remuneration. Upon a reasoned request, the arbitrator may reduce the fee;
- special costs incurred in connection with the hearing and determination of the dispute in arbitration.
The relevant provisions of the Code of Civil Procedure shall apply mutatis mutandis when deciding on the compensation of the costs of the arbitration proceedings. The arbitral award shall take effect as of the date of delivery of the final court decision and shall be judicially enforceable. Unless otherwise provided for in this clause, Act No 216/1994 Coll. shall apply.
The mutual contractual relationship of the parties shall be governed by the legal order of the Czech Republic, in particular Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as "Rome I"), they hereby choose Czech law as the law applicable to the Purchase Contract and these GTC, excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI Rome I concerning consumer contracts.
In the event that any provision of the Contract and/or the GTC is or becomes or is found to be invalid or unenforceable, the validity and enforceability (to the fullest extent permitted by law) of the remaining provisions of the Contract and/or the GTC shall not be affected. In such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which shall, to the fullest extent permitted by law, have the same meaning and effect as was intended by the provision to be replaced.
As a matter of legal prudence, the Parties hereby declare, for cases of contracting with an international element for any disputes (except for disputes over which the exclusive jurisdiction of the arbitrator is given and/or in connection therewith) or for cases in which it would be found by a final decision of a court that there is no jurisdiction of the arbitrator under this Article of the GTC, that in accordance with Art. 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which provides for the exclusive jurisdiction of the Municipal Court in Prague to decide any future disputes arising out of and/or in connection with the Contract and/or the GTC. The Parties also hereby establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the Contract and the GTC (except disputes over which the arbitrator has exclusive jurisdiction and/or in connection therewith).
These GTC shall come into force and effect on 1.4.2014 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC shall then cease to be valid and effective on the date of entry into force of the later GTC.