Commercial conditions

 

 
 
Businessman - legal person NEOBUTO s.r.o.,

the place of business Velké Pavlovice, U Zastávky 1142/8,

Reg. No.: 05137781, VAT No.: CZ05137781,

kept at Regional Court in Brno, file No. C 93766,

For selling the goods through the e-shop placed on the website: 

www.neobuto.cz
 
1. PREAMBULE

1.1. These commercial conditions (hereinafter commercial conditions) of undertaker – legal entity Neobuto s.r.o. with the place of business Velké Pavlovice, U Zastávky 1142/8, post code 69106, reference No. 05137781, registered at the Regional Court in Brno, file No. C 93766 (hereinafter seller), in compliance with the provision of § 1751, paragraph 1 of law No. 89/2012 - Coll. of the Civil Code (hereinafter the Civil Code) provide for mutual rights and obligations of the contracting parties arising in connection with or uder the purchase agreement (hereinafter purchase agreement), concluded between seller and other natural person (hereinafter buyer) through seller‘s web store . The web store is operated by the seller on the web site which is placed on the internet address www.neobuto.cz (hereinafter the web site) through the interface of the web site (hereinafter the web interface of the shop).

1.2. These commercial conditions do not apply to the cases when a person, who intends to purchase goods from the seller, is legal entity or a person who acts when ordering goods within their business activity or their independant pursuit of a profession.

1.3. Provisions derogating from the commercial conditions may be agreed in the purchase agreement. The derogating provisions in the purchase agreement take priority over the provisions of the commercial conditions.

1.4. The provisions of the commercial conditions are the integral part of the purchase agreement. The purchase agreement and the commercial conditions are made in English language. The purchase agreement can be concluded in English language.

1.5. The wording of the commercial conditions can be changed or supplemented by the seller. This provision is without prejudice to the rights and obligations which have arisen during the period of efect of the previous wording of the commercial conditions.

2. A USER ACCOUNT

2.1. Based on the registration of the buyer made on the web site, the buyer can access into their user interface and order the goods (hereinafter user account). In case where the web interface of shop allows it, the buyer can order goods also without registration, directly from the web interface of the shop.

2.2. When registrating on the web site and ordering goods the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to keep all data provided on the user account updated in case of any change. Tha data provided by the buyer in their user account and when ordering the goods are considered by the seller as correct.

2.3. The user account access is secured with the user name and password. The buyer is obliged to respect confidentiality concerning information which is necessary for access to their user account.

2.4. The buyer is not entitled to enable to take advantage of the user account to the third parties.

2.5. The seller can cancel the user account, in particular in case when the buyer does not use their user account longer than 24 months or in case when the buyer infridges their obligations of purchase agreement (including the commercial conditions).

2.6. The buyer takes into account that their user account does not have to be available continuously and in particular with regard to the necessary maintenance of seller’s hardware and software or necessary maintenance of hardware and software of the third party.

3. A CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed on web interface of the shop has the information purpose. The seller is not obliged to conclude a business contract concerning these goods. The provision of § 1732 paragraph 2 of the Civil Code will not be used.

3.2. The web interface of the shop contains information about goods including prices for individual items. The prices of goods are stated including all related fees. The price of goods does not include the transport costs and the fee for bank transfer to the seller´s account. The prices of goods are valid during the period when they are being shown on web interface of the shop. This provision doesn’t limit the posibility of the seller to conclude a purchase agreement under individually negotiated conditions.

3.3. The web interface of the shop also contains information about cost regarding packing and delivery of goods. Packing and delivery costs information stated on web interface of the shop are valid only for the cases, when the goods is delivered in the Czech Republic.

3.4. When ordering goods the buyer shall fill in the order form on the web interface of the shop. The order form shall contain following information in particular:
 
- The ordered goods (the ordered goods will be inserted by a buyer in the electronic shopping basked of the web interface of the shop),

- The method of payment of the purchase price of the goods, details of required method of delivery of the ordered goods

- information about costs connected with delivery of the goods (hereinafter together reffered to as „the order“)

3.5. Before sending the order from buyer to seller the buyer is allowed check and change entered data with regard to the buyer’s ability to check and correct errors arising from the entry of data into the order. The order is sent by the buyer to the seller by clicking on the order button. The information given in the order is considered by seller as correct.

3.6. The sending of the order is considered to be the act of the buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding proposal of the purchase agreement for both parties. A condition for the validity of the order is the completion of all mandatory information on the order form, familiarisation with these commercial conditions on the website and buyer‘s confirmation that they have become acquainted with these commercial conditions.

3.7. mmediately after receiving the order, the seller confirms the receipt of the order to the buyer by e-mail to the address of the buyer which is stated in user interface or in their order (hereinafter e-mail address of a buyer).

3.8. The seller is always entitled, depending on the character of the order (quantity of goods, amount of purchase price, expected transport costs), asks to the buyer for additional confirmation of the order (for instance by phone or in writting).

3.9. The draft of purchase agreement in the form of the order is valid for seven days.

3.10. Contractual relationship between seller and buyer arises when the acceptation of the order is sent by seller and delivered to the buyerby e-mail to the e-mail address of the buyer.

3.11. In case the seller cannot fulfil some of the requirements which are stated in the order, they will send changed offer with possible variants of the order to the e-mail of the buyer and ask for buyer‘s standpoint.

3.12. The modified offer is considered as the new draft of purchase agreement and in this case the purchase agreement is cloncluded after acceptation by the buyer through e-mail.

3.13. The buyer agrees to use long-distance communications when concluding a purchase agreement. The costs incurred when using means of distance communication in connection with the conclusion of the purchase agreement (costs for Internet connection, costs for phone calls) are paid by buyer himself, these costs shall not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs connected with the delivery of the goods under the purchase agreement may be paid by the buyer to the seller by the following ways::

- in cash at the business's premises at the address: Brno-Černovice, ZIP code 618 00, Tržní 974/12;

- in cash on delivery at the place specified by the buyer in the order;

- by bank transfer to the seller's account No. 115-2715310247/0100, held at company Komerční Banka, a.s., Na příkopě 33, 114 07 Praha 1 (hereinafter the seller's account);

- payment with card via the Internet payment gate GP webpay.

4.2. Together with the purchase price the buyer is also obliged to pay to seller the costs connected with packing and supplying the goods at the agreed amount. Unless expressly provided otherwise, the purchase price shall mean also costs connected with the delivery of goods.

4.3. The seller doesn’t request any deposit or other similar payment from the buyer. The provision of the article No. 4.6. of these commerial conditions regarding the obligation to pay purchase price of the goods in advance is not prejudiced by this.

4.4. In the case of cash payment or payment on delivery the purchasse price shall be payable on receipt of the goods. In case of bank transfer the purchase price shall be payable within 7 days from the conclusion of the purchase agreement.

4.5. In case of bank transfer the buyer is obliged to pay the purchase price together with stating the variable symbol of the payment. In case of bank transfer the obligation of the buyer to pay the purchase price is met when the relevant amount is credited to the seller’s account.

4.6. The seller is entitled to require payment of the whole merchant price before delivery the goods to the buyer especially in case that there is not any additional confirmation of the order by the buyer. Provision of §2119 paragraph 1 of Civil Code will be not used.

4.7. Potential discounts on the price of the goods provided by seller to the buyer may not be in combination.

4.8. If it is accepted as ordinary course of trade or is determined by generally binding legal enactment, the seller will issue the tax document to the buyer concerning payment made on the basis of the purchase agreement – an invoice. The seller is the payer of VAT. Tax document – an invoice will be issued by seller to the buyer after the payment of purchase price and will be sent in electronic form to the e-mail address of the buyer.

5. WITHDRAWL FROM THE PURCHASE AGREEMENT

5.1. The buyer takes into account that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement, among other things, concerning:

- delivery of goods, the price of which depends on the devergences of the financial market independently of the seller’s will and which may occur during the withdraval period,

- the delivery of alcoholic beverages, the delivery of which can only take place after 30 days and the price of which depends on the devergences of the financial market independently of the will of seller,

- the delivery of goods which have been adjusted according to the buyer’s wish or for their person,

- the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,

- the supply of goods in closed packaging which were taken out from the packaging by the buyer and cannot be returned for hygienic reasons,

- the supply of audio or video recording or software if their original packaging has broken,

- the supply of newspapers, periodicals or magazines,

- the delivery of digital content, if it has not been delivered on a tangible medium and has been delivered with the prior express consent of the buyer before the expirity of the withdrawal period and seller has informed the buyer before conclusion of the purchase agreement that in this case the buyer has no right of the withdrawal.

5.2. Should it is not the case reffered to in article 5.1. or another case where the purchase agreement cannot be withdrawn, the buyer has, in accordance with the provision of § 1829 paragraph 1 of the Civil Code, the right to withdraw from the purchase agreement within 14 days of taking goods. In case the several kinds of goods or the supply of several parts are the subject of the purchase agreement, the period shall start to run from the date of taking the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence.

5.3. The buyer can use the model form provided by seller for withdrawal from purchase agreement, the form is attached to the commercial conditions (download here). The buyer can send the withdrawal from the purchase agreement directly to the address of our workshop or to the main office of the seller. The provisions of Article 11 of these commercial conditions shall be applicated for the service of withdrawal of the purchase agreement.

5.4. In the case a withdrawal from the purchase agreement, as reffered to in article 5.2. of the commercial conditions, the purchase agreement is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days from the withdrawal of the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual mail.

5.5. In the case of withdrawal from the purchase agreement as reffered to the article 5.2. of the commercial conditions, the seller shall return received means of the buyer within fourteen (14) days from the buyer’s withdrawal of the purchase agreement, specifically the same method as the seller received it from the buyer. The seller is also entitled to return the performace provided by buyer already when returning the goods by buyer or in other way if the buyer will agree with it and no other costs will not result from it for the buyer. If the buyer will withdraw from the purchase agreement, the seller shall not be obliged to return received financial means to the buyer before returning of the goods to them or proves that the goods have been sent to the seller. The buyer shall be liable to the seller for a reduction in the value of the goods resulting from the handling of the goods other than to be treated with respect to its nature and properties. The buyer is obliged to compensate the seller for impairment. Compensation is provided at the amount which is the difference between the price of the goods and the usual price of the returned goods.

5.6. The seller is entitled to one-off crediting damages, which has arisen to the goods, against the claim of the buyer to return the purchase price.

5.7. Until the goods are taken over by the buyer, the seller shall be entitled to withdraw from the purchase agreement at any time. In this case the seller shall return purchase price to the buyer without undue delay by bank transfer to the account given by the buyer.

5.8. If the gift is provided to the buyer together with the goods, the contract of gift between the seller and the buyer is concluded with resolutive condition, that in the event of the buyer‘s withdraw from the purchase agreement, the contract of gift shall loss legal effect and the buyer is obliged to return the gift together with the goods to the seller.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. In case the way of transport is agreed on the basis of specific requirement of the buyer, the buyer shall bear the risk and any additional costs connected with this way of transport.

6.2. If the seller is obliged under the purchase agreement to delivery the goods to a place given by the buyer in their order, the buyer is obliged to take over the goods on delivery.

6.3. When, for reason on the buyer’s side, the goods have to be delivered repeatedly or in the different way than it was stated in the order, the buyer is obliged to pay the costs connected with re-delivery of the goods, more precisely the costs connected with the different way of delivery.

6.4. On receipt of the goods from the forwarder the buyer is obliged to check the integritiy of the packing and, in the event of any defects, to notify it to the forwarder without delay. In the event of finding breach of packing, which points at intrusion into consignment, the buyer doesn’t have to take over the delivery from the forwarder.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the relevant generally binding provisions (in particular by the provisions of §1914 – 1925, §2099 – 2117 and § 2161 – 2174 of the Civil Code).

7.2. The seller is liable to the buyer that the goods have no defects on taking delivery. Particulary, the seller is liable to the buyer that at the time of taking over the goods by buyer:

- the goods have the attributes that the parties have agreed on, and in the absence of the agreement, has those attributes that are described by the seller or manufacturer, or which the seller has expected in relation to the goods character and based on what they both advertize,

- the thing is suitable to the purpose, which is for the use mentioned by the seller or to which is the thing of this sort usually used,

- the thing agrees in quality or the execution to the agreed sample or the model, should the quality or execution is specified by the agreed sample or the model,

- the thing is in the appropriate quantity, size or weight and

- the thing is liable to the requirements of the legislation.

7.3. The provisions referred to in art. 7. 2. of the commercial conditions shall not apply in the case of goods at lower price due to defect, for which the lower price has been agreed, for wear the goods which has caused by standard use, in case of used goods for a defect which corresponds to the degree of the use or wear which the goods had when they were taken over by the buyer or which results from the character of goods.

7.4. If a defect became apparent within six months after taking over delivery, the item shall be presumed to have the defect already at the time of taking over delivery.

7.5. Rights of defective performance shall be exercised by the buyer at the seller's address at his establishment, where acceptance of the complaint is possible with regard to the range of the sold goods possibly at the registered office or place of business. The moment when the complaint is exercised shall be considered as the moment when the seller received the claimed goods from the buyer.

7.6. Other rights and obligations of parties relating with seller’s liability for defects may be regulated by complaint rules of the seller. reklamační řád prodávajícího.
 
7.7. In the event that a dispute arises between a seller and a consumer (buyer) from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may file a motion for an out-of-court resolution of such dispute to a designated entity for out-of-court consumer dispute resolution which is:
The Czech Trade Inspection
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz

Web: http://www.coi.cz/

ADR portal: https://adr.coi.cz/

The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ .

 
8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES

8.1. The buyer acquires ownership to the goods by paying the entire purchase price of the goods.

8.2. The seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. Out-of-court complaint of consumers is ensured by seller through electronic address chodim@neobuto.cz. The seller shall send information about the resolving of buyer’s complaiment to the electronic address of the buyer.

8.4. The buyer is entitled to sell goods based on the licence. The licence control shall be carried out within the scope of its competence by the competent Trade Licence Office. The supervision of the area of personal data protection shall be exercised by the Office for the Protection of Personal Data. The Czech Trade Inspection shall supervise, to a limited extent,among other things, compliance with Law No. 634 / 1992 Coll., on Consumer Protection, as amended

8.5. The buyer assumes the risk of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

GDPR – General Data Protection Regulation by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, general order on the protection of personal data (hereinafter Order)

9.1. The seller, business corporation Neobuto, Ltd., with its registered office at Velké Pavlovice , U Zastavky 1142/8, zip code 691 06, company registration No. 05137781 (business premisses at Brno, Tržní 974/12), registered at Business Register, entered at Regional Court in Brno, file No. C 93766 (hereinafter administrator or seller), is the administrator of personal data.

9.2. Administrator’s contact data: phone No. +420725111228, e-mail: chodim@neobuto.cz

9.3. Personal data are any information relating to a particular natural person, whether it is identification and contact data (e.g. name, surname, date of birthday, address of stay, birth certificate No., company registration No./VAT No., phone No., e-mail address, personal No.) data of location, descriptive data referring to human fysiology (e.g. hight, weight, size of shoe), information from photographs and camera records, sociodemographic data on person (age, sex, marital status, education, employment, incomes and expenses, number of children) or data on behaviour and preferences, data referring to racial and ethnic origin, political opinions, religion or philosofical conviction, information on participation in trade unions, genetic or biometric data etc. (hereinafter personal data).

9.4. The administrator shall process personal data provided to them by the buyer or personal data obtained on the basis of the performace of the order made by buyer. The administrator shall process the buyer‘ identification and contact data and data necessary for the performance of agreement.

9.5. The performace of the agreement between the buyer and the administrator, as the seller, shall be legal reason for processing data in accordance with art. 6, paragraph 1, letter b) of the Order.

9.6. The purpose of processing personal data is to execute the order placed by the buyer and to exercise the rights and obligations arising from contractual relationship between the buyer and the administrator as the seller.

9.7. In the event that the buyer doesn‘ t provide personal data to the administratothe the order cannot be settled.

9.8. The following personal data are required for the performance of the agreement (execution of the order): name, surname, address for delivery, phone No., e-mail.

9.9. The administrator shall keep personal data for the period necessary for exercise of the rights and obligations arising from contractual relationship between the buyer and the administrator as seller for a maximum of 10 years in accordance with Scale Regulation. Upon expiry of this period for keeping personal data, the administrator shall delete them.

9.10. The recipients of personal data are the persons involving in delivery of goods or services, the execution of payments on the basis of the agreement, arranging e-shop services and other servises related to the operation of the e-shop.

9.11. The rights of buyers provided in the articles 15 to 22 of the Order (the right to information, the right of access to personal data, the right to rectify, the right of erasure, the right of limitation of processing, the right of data portability, the right of objection) may be exercised at the seat of administrator or by means of enclosed form. The link to download of the form – here .

9.12. The administrator declares that they have take all appropriate technical and organisational measures to safegard the personal data. The administrator has taken technical measures to protect the security of the personal data storage and storage of personal data in the paper form. The administrator declares that only authorised persons have access to personal data.

9.13. By sending an order from the online order form, the buyer confirms that he has been informed of the terms and conditions of personal data protection and that they accept it in its entirety.

9.14. The buyer has the right to file an appeal with Office for the Protection of Personal Data.

10. SAVING COOKIES

10.1. The buyer agrees withsaving so-called cookies on their computer. In the event that it is possible to make the purchase on web site and seller’s obligations of the purchase agreement can be performed without saving cookies on buyer’s comupter, the buyer may withdraw their approval according to the previous sentence at any time.

11. DELIVERING

11.1. Notification concerning the relationship between the seller and the buyer, in particular regarding the withdrawal of the purchase agreement, must be delivered by post as registered letter, unless otherwise specified in the purchase agreement. Notifications shall be made to the appropriate contact address of the other party and shall be considered to have been received and effective at the moment of their delivery by post, except for notice of withdrawal made by the buyer, when the withdrawal is effective, if the notice is sent to the buyer within the withdrawal period.
 
11.2. A notice which has been refused by addressee, which has not been picked up in storage time or which has been returned as undeliverable, are also considered to have been delivered.

11.3. Contractual parties may serve normal correspondence to each other by e-mail, at the e-mail address stated in the buyer’st user account or stated by the buyer in them order or at the address stated on seller’s web site.

12. FINAL PROVISIONS

12.1. If the relationship established by the commercial agreement contains an international (foreign) element, then the parties agree that the relationship is govern by the Czech law.

12.2. If any provision of the commercial conditions is invalid or ineffective, or become so, a provision whose meaning is as close as possible to that invalid provisions shall be introduced instead of them. The invalidity or unforceability of one provision shall not affect to validity of the other provisions. Changes and additions to the commercial agreement or commercial conditions shall require a written form .

12.3. The commercial agreement including commercial conditions is archived by seller in e-form and is not accessible.

12.4. The model form for the withdrawal of a purchase agreement is attached to the commercial conditions.

12.5. In case of any discrepancies between the Czech and English version of the Commercial conditions, the Czech version is binding.

12.6. Seller’s contact: Delivery address Brno – Černovice, zip code 618 00, Tržní 974/12, E-mail: chodim@neobuto.cz, Phone +420 725 111 228.

Velke Pavlovice 1.1.2017.