Terms and Conditions1. PRELIMINARIES1.1. Online store SUPER-KECKY (the "Online Store")
- 1.1.1. Online store SUPER-KECKY.CZ, who sells goods via on-line shop at http://www.super-kecky.cz operates as selling the company QMS Trade Ltd, based Zvonarka 92/5, 60200 Brno, ID: 26813246, registered in the commercial register kept by the Regional Court in Brno, Section C, File 51092, ID: 26813246, (hereinafter referred to as "Seller" or "Operator"), bank : CSOB, as, account no.: 200062222/0300. For payments in EUR CSOB as, account no.: 260479222/0300.
- 1.1.2. Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or pursuant to the purchase agreement (the "Purchase Agreement") concluded between the seller and any other physical person through the online store seller.
1.3. Terms and Conditions
- 1.2.1. Buyer - Consumer - a person who at the conclusion of the contract and is not engaged in trade or other business activities. It is a natural or legal person who buys goods or services for purposes other than trading these products or services. (Hereinafter referred to as "Buyer - Consumer" or "Buyer").
- 1.2.2. The legal relations of the seller and the buyer - the consumer expressly stipulated in these general terms and conditions (the "Terms" or "Terms and Conditions") shall be governed by the relevant provisions of the Act. no. 89/2012 Coll., the Civil Code, Law no. 634/1992 Coll., consumer protection, as well as related regulations, all as subsequently amended.
- 1.2.3. Buyer - an entrepreneur is a person who is not a consumer who independently carries out on its own account and responsibility gainful activity holding trade or similar manner with the intent to do so consistently for profit, or an entrepreneur also considers any person who enters into a contract with a related commercial, industrial or similar activities, or in the exercise of his own profession, or a person acting on behalf or on behalf of the entrepreneur (the "Buyer - entrepreneur.")
1.4. Definitions and Interpretation
- 1.3.1. These Terms and Conditions are an integral part of the purchase agreement between the operator and the Buyer regulate the mutual rights and obligations of the parties arising from the purchase contract.
- 1.3.2. Conclusion of the sales contract the buyer proves your agreement to the Terms and Conditions in their entirety and unabridged text.
- 1.3.3. If it is not in the contract or in its annexes expressly stated Different arrangements or validity of certain provisions of these Terms and Conditions is not a purchase contract or other express agreement between the Operator and the Buyer is excluded or otherwise modified to apply in other mutual relations of the Parties to these Terms and Conditions.
- 1.3.4. Terms and conditions do not apply to cases where a person who intends to buy goods from the Seller, the Buyer - entrepreneur. These business cases are subject to the general statutory provisions for the purchase contract.
2. Offer of goods, order, contract of sale, delivery and payment method2.1. offer of goods
- 1.4.1. The purchase contract - contract concluded electronically between operators as a seller and buyer through an online store seller.
- 1.4.2. Terms and Conditions form an integral part of the sales contract.
- 1.4.3. Online shop - on-line system running on the Internet, which allows to conclude a purchase contract between the Operator and the Buyer for the use of distance communication so. Distance learning. Internet business is operated on a website located on the Internet at http://www.super-kecky.cz.
- 1.4.4. Goods - or movable. software sold through the online store.
- 2.1.1. Offer of goods means selected goods offered through the catalog on the website super-kecky.cz. Offer of goods is not considered a proposal to supply goods under the provision. § 1732 paragraph. 2 of the Civil Code, the offer of goods is informative nature and the seller is not obliged to enter into a purchase agreement regarding this product.
2.3. Contract of sale
- 2.2.1. Buyer may create order by using the form on the website of an online store.
- 2.2.2. When you create an order using the form on the website Internet business buyer first selects the goods which he is interested. After selecting the desired amount, mode of transport (see Art. 2.4.1. These Terms and Conditions) and the method of payment (see Art. 2.5.1. Ibid) The buyer confirms his order, which submits the proposal to conclude a purchase contract between the buyer and the supplier.
2.4. Means of transport
- 2.3.1. The operator undertakes to adopt the draft contract Purchaser, if this proposal is not in conflict with the Terms and Conditions. The operator will acknowledge receipt of the draft e-mail to the e-mail address of the purchaser.
- 2.3.2. The contractual relationship between the Operator and the Buyer is delivering adoption order (so-called. Acceptances), which is operated by the Buyer sent to the email address you stated in the Order.
- 2.3.3. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (the cost of internet access, telephone costs) shall be borne by the Buyer.
2.5. Method of payment
- 2.4.1. Unless otherwise specified in the purchase agreement stipulates otherwise, the delivery method of the Purchase Agreement determined by the Seller. In case the mode of transport is negotiated at the request of the Buyer, the Buyer shall bear the risk of such a mode of transport related, including any additional costs to the chosen mode of transport.
- 2.4.2. The operator undertakes to inform Buyer of sending the goods, e-mail address specified by the Buyer in the order.
- 2.4.3. The mission of the ordered goods means send it to the address specified by the Buyer in the order. Operator reserves the right to add the cost of sending goods to the price of the order according to the current price list.
- 2.4.4. If sending goods abroad Operator reserves the right to add to the standard transport cost according to the current pricelist additional costs for shipping abroad.
2.6. The rights and obligations arising from a contract of sale
- 2.5.1. The operator offers a choice of 4 payment methods: cash on receipt of bank transfer; credit card over the Internet and PayPal.
- 2.5.2. Cash on delivery payment means a payment order upon receipt by the postman or the personal collection to the distribution point. This option is only available when transport "mission of the goods ordered by carrier" and "personal consumption". Operator reserves the right to add the cost of handling cash on the price of the order according to the current price list.
- 2.5.3. If the buyer chooses a payment method bank transfer, refund the price of the order prior to its execution in the Operator's bank account. For the fastest order execution recommends operator to make payment of the variable symbol, which is the order number and the buyer gets the checkout. In the case of payment for goods by bank transfer is considered to be the purchase price paid for the day, when the appropriate amount to the account of the seller.
- 2.5.4. When choosing a payment by credit card over the Internet will be buyer upon order completion redirected to a payment server of a third party, which fills in the necessary payment information. After verifying the validity of the order will be confirmed and the amount of the purchase price deducted from the buyer's account.
- 2.5.5 When selecting payment via PayPal Buyer shall upon order completion redirected to a third-party server, where they will be prompted to log into your Paypal account. After verifying the validity of a sufficient balance in the Paypal account, the order will be confirmed and the amount of the purchase price deducted by PayPal Buyer.
- 2.5.6. All changes and changes in prices on the internet shop are reserved. Offer (including the action goods, sales and events leaflet) is valid while stocks where the number of action items in the menu is always shown, or for a specified period of time. Price is valid at the time of ordering.
2.7. Discount coupons and vouchers
- 2.6.1. The operator is obliged to deliver the ordered goods at the agreed price and the buyer is obliged to accept the goods and pay the purchase price.
- 2.6.2. When the terms of the contract and the Terms and Conditions Buyer operator reserves the right to withdraw from the contract. Furthermore, it is the responsibility of the Buyer in which case the Operator to pay all costs associated with the order, particularly the cost of postage, if it does not take over.
- 2.6.3. The buyer is obliged especially when ordering goods provide correct and true information. The data necessary for the conclusion of the contract specified by the buyer by the seller are deemed correct.
- 2.6.4. The buyer acquires ownership of the goods by paying the entire purchase price.
- 2.6.5. Seller is not related to the purchaser bound by any codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
- 2.6.6. Court complaint provides consumers seller via email address: email@example.com. Information about the disposition of the complaint sent by the Seller to the Buyer buyer's email address.
- 2.6.7. The seller is entitled to sell the goods to the merchant. Trade inspection carried out under its authority the Trade Licensing Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performed in a defined scope, inter alia, the supervision of the observance of the Law no. 634/1992 Sb., Consumer Protection, as amended.
- 2.6.8. The Buyer takes on himself the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
3. The third delivery of goods3.1. Delivery time
- 2.7.1. The operator provides various types of discounts on goods offered also in the form of coupons and vouchers, which most often include discount codes.
- 2.7.2. Discount coupons and vouchers can not be applied to products on sale
- 2.7.3. Discount codes can not be applied repeatedly if it is not a voucher or voucher explicitly stated.
- 2.7.4. Discount coupons and vouchers can not be combined or used together if it is not a voucher or voucher explicitly stated.
- 2.7.5. One user is only entitled to one voucher for registration, regardless of the number of registered email addresses.
- 2.7.6. If the rebate or discount coupon will be applied against the rules of the discount, discount coupon or voucher, the operator has the right to exercise such discounts or discount coupon or voucher refuse. In this case, the user is informed and he will be offered the opportunity to execute the order without this discount. In the event that arise in interpreting the rules or discounts discount coupon uncertainties apply their interpretation established by the operator.
3.2. Transportation, delivery and receipt of goods
- 3.1.1. Delivery time, if the goods listed, is for information only and is not binding for the operator.
- 3.1.2. The operator undertakes to the Purchaser goods as soon as possible to send.
- 3.1.3. The operator is not liable for damage occasioned by delay in sending or receipt of goods for any reason.
4. Withdrawal from the contract by the Buyer - Consumer4.1. Odstoupení od kupní smlouvy Kupujícím – spotřebitelem
- 3.2.1. In accordance with Art. 2.6.1. Buyer shall take delivery of goods. In the case of non-acceptance of goods is deemed a breach of contractual Terms and Conditions Buyer. Buyer shall take title to the goods kupovanému the takeover. Upon the receipt of the goods at the Purchaser's also the risk of damage to the goods.
- 3.2.2. The shipment is the guarantee.
- 3.2.3. Invoice (sales receipt) included
- 3.2.4. When taking the goods from the carrier, the Buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In case of violation reunion package indicative of intrusion into the shipment to the buyer is advised not to accept the shipment from the shipper and complete record of the damage to the shipment. Signing the delivery note buyer confirms that container shipments containing goods were intact.
- 3.2.5. Complaints of mechanical damage to the product not conforming goods etc.., Which was not apparent when accepting the shipment from the carrier, Buyer shall apply immediately after their discovery. The operator is not liable for damage to goods arising during the shipping, if the buyer immediately apply damage in accordance with paragraph. 3.2.4. and 3.2.5. these Terms and Conditions.
- 3.2.6. In case the mode of transport is negotiated on the basis of a specific requirement of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
- 3.2.7. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than specified in the order, the Buyer shall pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
- 3.2.8. All communications from the Seller to the Buyer may be delivered to the email address specified in his user account or specified by the Buyer in the order.
4.2. Withdrawal from the contract operator
- 4.1.1. If the purchase contract concluded by means of distance communication (the Internet), the Buyer-consumer in accordance with § 1829 and n. Civil Code, the right without giving any reason and without penalty to withdraw from the contract within 14 days from receipt of goods. In this case, the consumer contacts the buyer-seller and preferably in writing via email (to the address firstname.lastname@example.org indicating that it was withdrawing from the contract, stating your order number, purchase date and the account number for a refund. Deadline for withdrawal from the contract is considered to be retained if the buyer sends the seller during its announcement that it is withdrawing from the contract.
- 4.1.2. The operator extends Buyer - consumer entitled to rescind the purchase contract concluded by means of distance communication (the Internet for 30 days from receipt of the goods, without giving any reason and without penalty, but after the expiry of the statutory period of the preceding paragraph of receipt of goods only if Buyer shall comply with the following conditions: a) Goods are complete and undamaged original packaging b) Goods are demonstrably not apply if partially or completely protected by copyright, or if it is intended for one-time consumption.
- 4.1.3. Buyer acknowledges that pursuant to § 1837 of the Act no. 89/2012 Coll., The Civil Code, may not withdraw from the contract in the cases mentioned here, especially in the case of delivery of goods, which was adjusted according to buyer's request, or to his person , as in the case of supplies of goods subject to rapid deterioration, as well as goods after delivery was irreversibly mixed with other goods, sealed goods which the buyer has removed from its packaging and hygiene reasons it is not possible to return, supply audio or video recordings or a computer program, if violated their original packaging, or delivery of newspapers, periodicals or magazines. In case of withdrawal from the contract to purchase the contract from the beginning.
- 4.1.4. The purchaser-consumer in the event of exercising the right of withdrawal within 14 days of receipt of benefits shall send or transmit entrepreneurs without undue delay, within fourteen days of the withdrawal, goods received from him, including all its parts and accessories. Goods must be returned to the seller undamaged condition and, if possible, in the original packaging.
- 4.1.5. If the buyer withdraws - Consumer legitimately from the contract, the operator shall, without undue delay, within fourteen days of withdrawal, return all funds, including the cost of delivery of the corresponding offered the cheapest delivery method, in principle, the same way as it is received. Entrepreneur returns received by consumers wallets means other way only if the consumer has agreed and if he does not incur additional costs. The purchase price will be the case cashless payments Buyer remitted to the account specified by the purchaser in the withdrawal, otherwise the account from which the payment was received. In case of cash payment of the purchase price will be sent by postal money order to the address of the Buyer.
- 4.1.6. If the buyer withdraws from the contract, the Operator is not obliged to return the funds received to the Buyer before the Buyer before or prove that the goods sent to the Operator. Claims for damage caused to the goods, the seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
- 4.1.7. If the buyer withdraws from the contract illegally and still send Operator goods, goods will not be accepted or will be at the expense of the buyer sent back.
- 4.1.8. When given together with the goods to the purchaser gift is a gift agreement between the seller and the buyer concluded with a condition subsequent that if there is to withdraw from the contract buyer loses donation agreement regarding the effectiveness of such a gift and the buyer is required along with the goods back to the seller and provided gift.
5. Rights of defective performance
- 4.2.1. The operator shall ensure good orientation in the market selling range, but can occur in rare situations where it would be unable to deliver the goods ordered under the terms agreed in the purchase contract. The operator therefore reserves the right in such cases to withdraw from the contract.
- 4.2.2. The operator and the purchaser shall be entitled to withdraw from the contract also where, if there are significant changes in prices from the supplier of the goods ordered, if there has been significant changes in the cost of transport of goods and the Buyer did not accept the appropriate change of the purchase contract, ie. Increase in the price of goods or an increase in transport costs.
- 4.2.3. Pending receipt of the goods by the Buyer, the Seller is entitled to withdraw from the contract at any time. In this case, the seller will return the purchase price to the Buyer without delay, and bank transfer to an account designated by the buyer.
- 4.2.4. If the operator withdraws from the contract, he shall immediately inform the Purchaser e-mail to the address specified by the Buyer in the order. Furthermore, the Buyer must return the full purchase price of the goods, if this has already been paid.
- 4.2.5. Buyer acknowledges that Seller is entitled to withdraw from the contract, if he will order from the buyer, who in a previous contractual relationship with the seller breached its duty to any substantial way. Violation of prior contractual relationship is considered substantial for purposes of withdrawal for conduct within the meaning of the provision. § 2002 paragraph. 2 of the Civil Code.
- 5.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Civil Code).
- 5.2. The buyer is entitled to exercise the right of defects which occurs in consumer products within the statutory period, ie. Twenty-four months from receipt. If the thing sold, its packaging, the instructions attached to things or in accordance with other laws and regulations specify the period during which the case may be used, the statutory provision of guarantee for quality.
- 5.3. The seller is liable to the Buyer that the goods on delivery no defects. In particular, the seller is liable to the Buyer that at the time when the buyer of goods received by:
- * má zboží vlastnosti, které si strany ujednaly, a chybí-li ujednání, má takové vlastnosti, které prodávající nebo výrobce popsal nebo které kupující očekával s ohledem na povahu zboží a na základě reklamy jimi prováděné,
- * Product has features that the parties have agreed, and the absence of agreement, has characteristics which the seller or manufacturer described or buyer expected given the nature of the goods and on the basis of advertising they carry,
- * Corresponds to the quality of goods or performing the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or template,
- * The goods in quantity, measure or weight and
- * Product meets the requirements of the legislation.
- 5.4. In case there is a defect within six months of receipt, it shall be deemed that the goods were already defective upon delivery.
- 5.5. Rights of defective performance applies Buyer at the Seller at his establishment, in which the receipt of the complaint possible, or even in the seat or place of business. For the moment a claim is the time when the Seller has received from the Buyer the goods claimed.
- 5.6. In applying the law of defective performance, the Buyer is obliged to prove the conclusion of the purchase contract operator recommended for this purpose, especially to present proof of purchase - invoice or warranty card. The buyer has an obligation to criticize the defect Seller, to deliver a description of the defects, due to which it advertises.
- 5.7. Right from defective performance of the Buyer shall not be paid if the buyer knew that the thing has a defect, or if Buyer defect caused himself.
- 5.8. The seller or a person authorized by a decision on the complaint immediately, in complicated cases within three working days. This period shall not include reasonable time by type of product or service required for expert assessment of the defect. Claims, including the removal of defects the seller will be processed without undue delay, within 30 days of the claim, unless the seller and buyer agree on a longer period.
7. Final Provisions
- 6.1. Buyer agrees to the processing of their personal data, which means the name, address, identification number, tax identification number, email address, gender, account number and phone number and gives consent to the collection and processing of their personal data to the operator.
- 6.2. Use of personal data is subject to adjustment buyers law 101/2000. on the protection of personal data and amending certain Acts, as subsequently amended.
- 6.3. Buyer agrees to the processing of personal data by the seller, for the purpose of implementation of rights and obligations under the contract, operation of a loyalty program to the purchaser and for the purposes of maintaining a user account. If the buyer does not choose another option, agrees to the processing of personal data by the seller also for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data voluntarily and Buyer grants can charge it at any time using the link provided at the end of the commercial message appeal. Consent to the processing of personal data in its entirety under this Article is not required, that alone would make it impossible conclusion of the purchase contract.
- 6.4. Buyer acknowledges that it is obligated to your personal data (for registration, in your user account, when ordering from the web interface of Commerce) correctly and truthfully and without undue delay inform the seller about change in their personal data.
- 6.5. Processing of personal data by the buyer the seller may appoint a third party as a processor.
- 6.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
- 6.7. Buyer acknowledges that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
- 6.8. In the event that the buyer thought the seller or processor processes the personal data that is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law, especially if the personal data are inaccurate for the purpose of processing, may:
- * Ask the seller or processor for explanation
- * Require the seller or processor to correct the condition.
- 6.9. If the buyer for information about the processing of their personal data, the seller must deliver this information. Seller has the right to provide information in accordance with the preceding sentence may request a reasonable compensation not exceeding the cost of providing the necessary information.
- 6.10. Buyer agrees to receive information related to goods, services or company seller to the buyer's email address and agree to receive commercial information from the seller to the buyer's email address.
- 6.11. Buyer agrees to saving so. Cookies on his computer. In the event that the purchase on the website can be made and obligations of the seller under the purchase agreement to perform, without causing the so-called storage. Cookies on the computer of the Buyer, the Buyer may consent under the preceding sentence at any time. None of the cookie used to www.super-kecky.cz and does not collect information that are personal Purchaser and consequently does not identify any particular person. Within the browser settings Buyers can manually delete individual cookies, block or completely prohibit their use, they can also block or allow only for individual websites. The buyer has the option at any time and free of charge simply disable the processing of cookies on the website www.super-kecky.cz through your Web browser Buyer.
7.1 The language of communication between the operator and the buyer purchase contract language is Czech. Purchase contract are archived operator in electronic form and not accessible to others.
7.2 In the event that any provision of these terms and conditions have been any reason invalid or unenforceable, this fact does not cause invalidity or ineffectiveness of other parts of the business conditions of the purchase contract.
7.3 The Business Conditions may change or supplement the operator. The changed business conditions are effective from the date of publication. The rights and obligations of the operator and the buyer arising prior to the effective date of the new version of business conditions do not change affected.
7.4 If the relationship of the purchase agreement includes an international (foreign) element, then the Parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
7.5 The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
7.6 The Parties agree that consideration of any disputes between the operator and the buyer is given the power to the courts of the Czech Republic. Any disputes between the operator and the consumer can also be addressed amicably. In this case, the consumer can contact the ADR entity, which as the Czech Trade Inspection or a dispute online through the designated ODR platform. For more information on alternative dispute resolution can be found here. Before the resort to extrajudicial dispute resolution, the operator advised the buyer to resolve the situation occurring possible to use the electronic addresses email@example.com
In Brno on April 4, 2016
QMS Trade Ltd., operator SUPER-KECKY.CZ