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Ogólne warunki handlowe
of the company ZEMAN / TECHNOGROUP sro, IČ: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9
These general terms and conditions (hereinafter also GTC) apply to purchases in the online store http://zemanboots.com/ , which is operated by ZEMAN / TECHNOGROUP sro, IČ: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9, . in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 163295. These GTC regulate the relations between the Buyer and the Seller in the area of sale of goods between ZEMAN / TECHNOGROUP sro, IČ: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9, . in the Commercial Register kept 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 has read these terms and conditions, an integral part of which is the complaint procedure, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.
The seller is (company) ZEMAN / TECHNOGROUP sro, IČ: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9, registered. in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 163295.
The buyer is a consumer or entrepreneur.
The Consumer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession. At the beginning of the business relationship, the Consumer provides the Seller only with his contact details, necessary for the smooth execution of the order, or the data he wants to have stated on the purchase documents.
Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. C. 40/1964 Coll., Civil Code and Act. C. 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 (especially a commercial company),
- a person who conducts business on the basis of a trade license (self-employed person registered in the trade register),
- a person who conducts business on the basis of a license other than a trade license in accordance with special regulations (this includes, for example, the liberal professions such as advocacy, etc.), and
- a person who carries out agricultural production and is registered in accordance with a special regulation.
Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act no. C. 513/1991 Coll., Commercial Code as amended, as well as related regulations.
The individual Contract of the Seller with the Buyer is superior to the business conditions.
2.3. Consumer Contract
Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the supplier on the other hand, resp. Seller.
3. Processing of personal data
All handling of Buyers' personal data is governed by Act no. 101/2000 Coll., On the protection of personal data, as amended, and other legal regulations in force in the Czech Republic. The buyer at his own discretion (by pressing the Order button ) indicates that it is aware of all the above facts and agrees to the further processing of its 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 the protection of rights to the extent provided by law. You can revoke this consent at any time in writing. Personal data will be fully secured against misuse. The 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 agrees that the data provided to the extent that he filled in or obtained about him on the basis of the concluded Purchase Agreement or as part of browsing the Operator's website be processed by the Operator and the Seller, whose data are listed in the Preamble of these conditions, as the administrator for the purpose of offering services and products of the administrator, sending information about the activities of the administrator, including by electronic means (especially e-mail, SMS messages, telemarketing) according to Act no. 480/2004 Coll., For the period until the revocation of this consent (eg by sending any message to email: info @ zeman .cz). The controller may authorize a third party to process the above personal data as a processor.
The controller hereby informs the data subject and provides him with an explicit instruction on the rights arising from Act no. 101/2000 Coll., On the protection of personal data, ie 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 above consent at any time in writing at the controller and also has the right to in the event of a breach of your rights, contact the Office for Personal Data Protection and request an appropriate remedy, which is e.g. refraining from such conduct by the administrator, removing the situation, providing an apology, making corrections or additions, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from § 11 and 21 of this Act. If the Buyer wishes to correct the personal data that the Operator or the Seller processes about him, he may request it at the email address info @ zeman .cz 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 concluding a purchase contract is the placement of the offered goods by the Seller on the website, the purchase contract is created by sending an order, or by telephone purchase of the Buyer by the consumer and acceptance of the order by the Seller. The Seller shall immediately confirm this acceptance to the Buyer by an informative email to the specified email, however, this confirmation does not affect the creation of the Contract. The resulting Contract (including the agreed price) may be amended or canceled only by agreement of the parties or on legal grounds.
Due to capacity and economic reasons, the Seller is not able to store some types of less sold goods for a long time. When ordering goods over the amount 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 time of payment of the full amount of the deposit by the Buyer. To pay the deposit, the Seller accepts the payment conditions specified in section 6 of these GBTC, under the items Payment by bank transfer, Payment PayPal (Visa, MasterCard). The deposit is refundable only if the Seller is unable to ensure delivery of the goods to the Buyer.
These GTC are prepared 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 a purchase contract in the Czech language. After concluding the purchase contract, it is not possible to find out whether errors occurred during data processing before placing the order, or to correct these 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 with the prices stated on the seller's e-shop are contractual, final, always current and valid,
for as long as they are offered by the Seller in the online store. Costs
for transport are listed in the section "Delivery time and conditions of delivery". The costs of using means of distance communication shall be borne by the Buyer. The final calculated price after filling in the order form is already stated, including shipping. The price stated for the goods at the time of ordering the goods by the buyer applies as the price at the conclusion of the Contract between the seller and the buyer.
The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can take over the goods in principle only after full payment, unless otherwise agreed.
In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for reimbursement of funds spent depends on the chosen method of reimbursement, but may not exceed a period of 30 days from the moment when this impossibility arose.
The goods remain the property of the seller until full payment. The seller accepts the following payment terms:
- Payment upon receipt of goods
- Payment by bank transfer
- PayPal payment (Visa, MasterCard)
- Payment on delivery
6. Delivery time and delivery conditions
The seller will fulfill the delivery of goods by handing over the goods to the buyer, or by handing over the goods to the first carrier, thus also passes to the Buyer the risk of damage to property. The availability of the product is always stated in the details of this product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 30 days. In normal cases, we ship the goods within 2 working days of payment of the full purchase price. The final delivery date is always stated in the email, which confirms the order. The delivery does not include the installation of the purchased goods. Together with the shipment, the Buyer will receive a tax document / invoice.
Within the efficiency of delivery of goods, the Seller reserves the right to send the goods to the Buyer in several deliveries, while the cost of postage is paid by the Buyer only for the first delivery.
The delivery period for the goods to be paid by the Buyer upon receipt, ie cash on delivery, begins on the day of the valid conclusion of the Purchase Agreement pursuant to Article IV. of these GTC. In the event that the Buyer has chosen a different payment option than payment for the goods upon receipt, the delivery period begins to run only from full payment of the purchase price, ie 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 purchasing the goods, we provide the possibility of exchanging the goods free of charge, while within this free exchange it is possible to send the goods to the buyer 1 time, either by sending a new size of goods or another product.
In the case of returning the goods by the Buyer to the Seller within 7 days, the Buyer shall pay the postage costs. In the case of ordering goods worth more than CZK 10,000, the Seller shall bear the costs of transport and payment.
7. Warranty and service
When selling consumer goods, the warranty period is 24 months. If the period of use of the item, its packaging or the instructions attached to it is marked in accordance with special legal regulations, the warranty period expires at the end of this period.
The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not cover defects for which a lower price has been agreed. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when taken over by the buyer.
In order to apply for a warranty repair, it is necessary to submit an acquisition document (receipt, invoice, leasing contract), or warranty card. In the 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 provides the Buyer with a post-warranty service. In the 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 repaired goods will be sent to the Buyer cash on delivery through the Czech Post, while the postage in the amount of CZK 100 will be charged to the price of the repair of the goods.
8. Complaints procedure
In the event that a defect occurs during the warranty period, the Buyer has, depending on the nature of this defect, the following rights when applying the warranty:
in case of defect remediable:
- the right to free, proper and timely rectification of the defect
- the right to replace defective goods or defective parts, unless this is disproportionate to the nature of the defect
- in case of impossibility of the procedures mentioned in the previous points 1) and 2) he has the right to a reasonable discount from the purchase price or withdrawal from the purchase contract
in case of defect irreparable:
- the right to exchange defective goods or withdraw from the purchase contract
in the case of a defect that can be removed, if the Buyer cannot use the item properly for the recurrence of the defect after repair (ie the goods have already been claimed 3 times for the same defect) or for a larger number of defects
- the right to exchange defective goods or withdraw from the purchase contract
in the case of other irreparable defects and if the consumer does not request an exchange of the item:
- the right to a reasonable discount on the purchase price or withdrawal from the purchase contract
Complaints can be made to the Seller, in all its establishments, or at other service stations, namely:
- 687 09 Borsice 224
Complaints do not apply to cases:
- if the defect or damage occurred demonstrably due to incorrect use, in conflict with the instructions for use or other incorrect actions 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 according to special legal regulations, if such a complaint is made
- after this period
- defects caused by natural disasters
9. Termination of the Agreement
Due to the nature of concluding the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement 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 § 53 paragraphs 7 and 8 of Act no. 40/164 Coll., Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and concludes a Purchase Agreement in connection with its business activities. In the event of the above-mentioned withdrawal from the contract, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will inform the Seller for this purpose.
The Seller has the right to withdraw from the Contract in the event that the Buyer does not pay the full amount of the price within 30 days from the date of conclusion of the Purchase Contract.
10. Final provisions
The Buyer will enable the Seller to fulfill its obligations in accordance with the Offer / Contract, for which it will develop all necessary cooperation.
The Buyer undertakes to reimburse all costs incurred by the Seller by sending reminders and costs associated with the recovery of any receivables.
The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.
The Buyer will immediately inform the Seller about the change of its identification data, no later than within 5 working days from the day when such a change occurred.
The Parties undertake to make every effort to amicably resolve any disputes arising out of or in connection with the Contract and / or the GTC.
According to Act no. 216/1994 Sb. expressly agree that all property disputes arising from this Agreement, as well as disputes that would arise in the future from a legal relationship established by this Agreement, with the exception of disputes arising in connection with execution and disputes arising from insolvency proceedings, unless settled by mutual agreement, authorized to decide according to the legal order of the Czech Republic as an arbitrator Mgr. Daniel Janda, b. 1.4.1971, bytem Brno, Fillova 105/8, PSČ: 638 00. An arbitrator appointed by this arbitration clause will 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 to be sufficient, he is entitled to order an oral hearing. The arbitration proceedings will take place in accordance with the legal order of the Czech Republic and the principle of justice will be applied.
The costs of the arbitration proceedings consist of:
- the fee for arbitration proceedings is 5% of the value of the subject matter of the dispute, but at least CZK 5,000. The fee represents the arbitrator's remuneration. Upon reasoned request, the arbitrator may reduce the fee;
- special costs incurred in connection with the hearing and settlement of the dispute in arbitration proceedings.
The relevant provisions of the Code of Civil Procedure will be applied mutatis mutandis when deciding on the reimbursement of the costs of arbitration proceedings. The arbitral award shall take effect on the day of delivery of the final court decision and shall be enforceable in court. Unless this clause provides otherwise, Act no. 216/1994 Sb. Questions of arbitration proceedings not defined by this arbitration clause and not regulated by this law may be decided by the appointed arbitrator himself.
The mutual contractual relationship of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Art. III. 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”), that they chose Czech law as the law applicable to the Purchase Agreement and these GTC, excluding the use of "UN Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Art. VI Rome I, concerning consumer contracts.
In the event that any provision of the Agreement and / or the GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and / or the GTC. In such cases, the Contracting Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which will have, to the extent possible, the same and legally permissible meaning and effect as the intention of the provision to be replaced.
On a legal basis, the Contracting Parties hereby declare, in cases of contracting with an international element, for any dispute (except in disputes in which the arbitrator has exclusive jurisdiction and / or in connection therewith) or for cases in which a final court decision would be found: that there is no authority of the arbitrator according to this article of the GTC, that in accordance with Art. 23 Council Regulation (EC) No 44/2001 of 22 December 2000, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, arranging the exclusive jurisdiction of the Municipal Court in Prague to resolve all future disputes under the Contract and / or the GTC and / or in connection therewith. The contracting parties also hereby establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the Contract and the GTC (with the exception of disputes in which the exclusive jurisdiction of the arbitrator is given and / or in connection with them).
These GTC come into force and effect on April 1, 2014 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC then cease to be valid and effective on the day the GTC enters into force later.