Terms and Conditions for e-shop Sanitarysystems.eu
Mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Contract, are governed by these Terms and Conditions (hereinafter referred to as the "Terms and Conditions").
1 Definition
1.1 In these Terms and Conditions:
1.1.1"E-shop" means a computer program - an Internet application that is available on the Internet via the Internet address www.sanitarysystems.eu, whose main function is the display, selection and ordering of goods by the User; § 2079 et seq. Of the Civil Code concluded between the Operator, as the seller, and the User, as the buyer, through the E-shop;
1.1.2"Shopping Cart" means the part of the E-Shop that is automatically generated by the User's activation of the relevant functions as part of its actions in the E-Shop user environment, in particular by adding or removing the Goods and / or changing the quantity of the selected Goods;
1.1.3"Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended, "Operator" means IGRAM NETWORK sro, IČO: 04031636, with registered office no. 399, 332 04 Losina;
1.1.4"Access data" means a unique login name and a password associated with it entered by the User in the E-shop database upon registration;
1.1.5"Registration" means the electronic registration of the User to the E-shop database by filling in at least the obligatory registration data in the E-shop user interface and Access data and then storing them in the E-shop database;
1.1.6"Consumer" means the User - a person who, outside the framework of his business activity or outside the independent exercise of his profession, concludes a Contract with the Operator or otherwise treats it;
1.1.7"User" means any legal or natural person using the E-shop;
1.1.8"User Account" means the part of the E-shop, which is established for each User by registration (ie it is unique for each User) and made accessible after entering the Access Data;
1.1.9"Goods" means the thing offered by the Operator for sale to the User through the E-shop and if the Goods are offered, the license to use this thing;
2 Information to the Consumer prior to the conclusion of the contract
2.1Regarding the price of Goods and shipping costs and other charges:
Prices of provided goods, provided services and licensed content are stated on the website including VAT, including all fees stipulated by law, however the costs of delivery of goods or services vary according to the chosen method and the transport provider and the method of payment. The agreed price does not include any payments, fees or other remuneration that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User. In the event of withdrawal from the contract, the consumer shall bear the cost of returning the Goods and, in the case of a contract concluded by means of distance communication, the cost of returning the Goods if such goods cannot be returned.
2.2For withdrawal:
2.2.1Under Section 1829 (1) of the Civil Code, the consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the Goods. If the subject of the Purchase Contract is several types of Goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract shall be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.2.2The Buyer is obliged to immediately notify the Seller that he is withdrawing from the Purchase Agreement. The notice must be sent to the seller within 14 days from the date of receipt of the subject of sale by the buyer.
2.2.3The consumer is obliged to send it back to the Operator or to hand it over to the address of the Operator or the registered office of the Operator without undue delay, at the latest within 14 days from the date of withdrawal from the Purchase Contract. The period is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above period.
2.2.4The consumer cannot withdraw from the contract: o provision of services which the Operator has performed with the consumer's prior explicit consent before the expiry of the withdrawal period, the delivery of audio or video recordings or computer program, ie digital content on a tangible medium; on the supply of digital content, unless delivered on a tangible medium and delivered with the prior express consent of the consumer before the expiry of the withdrawal period;
2.2.5The consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract for the provision of services and the performance of which has already started.
2.2.6If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for the refund of the purchase price for the Goods that may be humiliated if the legal reasons are fulfilled.
2.2.7If the Consumer withdraws from the Purchase Agreement regarding the Goods which he returns to the Operator damaged and / or worn, especially if the original designations of the Goods (ie placard, sticker, etc.) are removed, the Consumer shall reimburse the Operator for the costs of restoring the Goods.
2.2.8The form for withdrawal from the Purchase Agreement shall formAnnex No. 1of these Terms and Conditions.
2.3The Consumer shall be liable to the Operator for impairment of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
2.4The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant operator of the Operator free of charge via the email address reklamace@igram.cz . A complaint can be made to the supervisory authority or the state supervision. The Czech Trade Inspection Authority handles out-of-court complaints of consumers in the manner and under the conditions stipulated by the relevant legal regulations.
3 Contract conclusion process
3.1The Operator offers the Users the conclusion of the Purchase Contract through the E-shop. The offer for concluding the Purchase Contract by the Operator is the display of a button marked "ORDER" in the user interface of the E-shop.
3.2Unconditional acceptance of the Provider's offer for the conclusion of the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions by the User is considered a click on the given button marked "ORDER".
3.3Unless the acceptance of the offer pursuant to paragraph 3.2 hereof, the Purchase Agreement is concluded.
3.4The Contract is concluded at the moment when the electronic information about the click on the button in accordance with paragraph 3.2 by the User arrives via the Internet to the server where the E-shop is installed.
3.5The user undertakes to fill in the correct text fields in the user interface of the E-shop with true and complete data, especially truthfully his email address, identification data and possibly delivery address. The User acknowledges that the Operator will reasonably consider the entered data as correct and complete and is not authorized to check the entered data.
3.6The Operator shall send the User an e-mail message about the conclusion of the Purchase Agreement, to the e-mail address entered by the User in the relevant field in the user interface of the E-shop.
3.7All Goods presented within the user interface of the E-shop are informative only and the Operator is not obliged to conclude a Contract regarding this Goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
4 Purchase contract
4.1 By entering into the Purchase Agreement, the following provisions come into effect:
4.1.1The User purchases from the Operator the Goods selected by the User in the E-shop user environment by inserting them into the Shopping Cart in the amount that the User has chosen and / or set for the given Goods in the E-shop user environment and the User undertakes to pay the Operator for given goods in the price of the goods in the user interface of the E-shop.
4.1.2The Operator has the right to withdraw from the Purchase Contract until the moment of sending the Goods to the User for any reason or without giving any reason. The legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by the User shall also be considered a withdrawal from the Purchase Contract.
4.1.3The Operator is entitled to ask the User for additional confirmation of the order at any time and until the receipt of the order confirmation from the User, he is entitled to delay sending the Goods to the User.
4.1.4The manner of packing the Goods is determined solely by the Operator; the provision of § 2097 of the Civil Code is hereby excluded.
4.1.5The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User in the amount stated in the given order in the user environment of the Portal.
4.1.6The User has the right to choose from the options displayed to the User in the E-shop user environment the method of payment of the purchase price for the Goods and eventually other monetary performance to the Operator.
4.1.7If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are specified for the given payment in the user interface of the E-shop.
4.1.8In case of cashless payment by bank transfer, the user is obliged to state the variable symbol specified by the Operator.
4.1.9In the case of cashless payment, the obligation of the User to pay the purchase price is met when the relevant amount is credited to the bank account of the Operator.
4.1.10The Operator has the right to give the User a discount on the price of the Goods. Discounts from the price of the Goods cannot be combined with each other unless expressly stated otherwise.
4.1.11The purchase price for the Goods does not include any payments, fees or other remuneration that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely those of the User.
4.1.12The Operator reserves the right of ownership of the Goods which is the subject of the Purchase Agreement until the User has paid the purchase price for the Goods in question.
4.1.13The Operator undertakes to deliver the Goods to the User within a reasonable period from the conclusion of the Purchase Contract. All deadlines for delivery of the Goods specified in the user interface of the E-shop are for reference only.
4.1.14The Operator will always send the User a tax document - invoice in electronic form - to the User's e-mail address entered during the given order in the User Environment of the E-shop.
4.1.15If the Provider together with the Goods provides a gift to the User, the donation agreement between the User and the Operator is concluded with the termination condition that if the Purchase Agreement is terminated (eg for withdrawal from the Purchase Agreement) with the purchase contract and the User is obliged to return the provided gift together with the goods to the Operator.
4.1.16The seller grants a 24-month warranty on the goods, unless otherwise stated on the goods or in the warranty certificate. The warranty period starts from the handover of the goods to the buyer; if the goods have been shipped under the contract, they run from the milking of the goods to the place of performance. The warranty period is suspended from the moment the claim is lodged until the time when the buyer was obliged to take over the goods after settling the claim. If the complaint procedure results in a replacement of the claimed product, the warranty period will start again from the time of receipt of the new goods. When replacing a defective part, the new warranty period applies only to the replaced part of the subject of sale.
4.1.17The User is entitled to exercise the right to withdraw from the contract and the rights from defective performance at the Operator at the address of its registered office or establishment. The moment when the Operator received the claimed Goods from the User is considered the moment of claiming the claim.
4.1.18If it is stated in the E-shop user environment of the Goods that it is used, the User buys the Goods in the used state, including the stated defects of such Goods.
4.1.19The risk of loss, damage and / or destruction of the Goods subject to the Purchase Agreement shall pass to the User, who is the Consumer, at the moment of acceptance of the goods by the User.
4.1.20The risk of loss, damage and / or destruction of the Goods subject to the Contract shall pass to the User who is not a Consumer at the moment of acceptance of the goods by the User.
5 User account
5.1The User has the right to open a User Account by registering.
5.2The User is obliged to enter the Access Data before entering the User Account.
5.3The User identification data entered during the Registration shall be deemed to be the data entered during the ordering of each Goods made by the User after logging into their User account.
5.4The User may not provide Third Parties with Access Data or any other access to the User Account. The user is obliged to take all reasonable precautions to keep it secret. The User is fully responsible for unauthorized use of these access data or the User Account and for damage caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to inform the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.
6 Complaints procedure
6.1The Operator is liable to the Consumer that the Goods are free from defects upon receipt.
6.2If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a component of the Goods, the Consumer may only require replacement of the component; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3The Consumer has the right to deliver a new Goods or to replace a part even in the case of a removable defect, if the Goods cannot be properly used for repeated occurrence of the defect after repair or for a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its parts or to repair the Goods, it may request a reasonable discount. The Consumer shall be entitled to a reasonable discount even if the Operator cannot supply new Goods without defects, replace its component or repair the Goods, or if the Operator fails to rectify the goods within a reasonable time, or if remedying the Consumer causes considerable difficulties.
6.5The Consumer does not have the right from defective performance if the Consumer knew before the takeover of the Goods that the Goods were defective or if the Consumer caused the defect itself.
6.6The Operator's liability for defects of the Goods does not apply to the wear and tear of the Goods caused by its normal use; or if it results from the nature of the Goods.
6.7If the Goods are provided with a warranty, the Consumer has the right to claim liability for defective performance within the warranty period.
6.8At the Consumer's request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods permits, it is sufficient to issue to the Consumer a proof of purchase of the Goods containing the information, which must contain the information as a guarantee certificate, instead of the warranty card. The warranty certificate must contain the name and surname, name or business name, company ID and registered office of the Operator.
6.9 In the event that the Consumer exercises its right to remedy defects of the Goods by repairing the Goods for which the designated entrepreneur is different for the purposes of warranty repairs from the Operator whose registered office or place of business is in the same place as the Operator or closer to the Consumer, The consumer has the right to a warranty repair with this entrepreneur.
6.10Claims of the Goods, including the removal of defects of the Goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer shall have the same rights as if it were a material breach of the Contract.
6.11The deadline for settling a complaint shall be suspended if the Operator has not received all the documents necessary for the settlement of the given complaint until such documents are delivered.
6.12The Operator or the body designated by the Operator after the due settlement of the complaint will ask the Consumer to take over the repaired Goods.
6.13The right to claim rights from defects of the Goods shall be extinguished in the event of improper installation or unprofessional commissioning of the Goods, as well as unprofessional handling thereof, ie especially when using the Goods in conditions that do not meet the parameters stated in the Goods documentation.
7 Personal data
7.1The User hereby agrees with the collection, storage and processing of personal data provided by the User provided to the Controller within the meaning of Section 5 (2) of Act No. 101/2000 Coll., On Personal Data Protection, as amended (hereinafter referred to as the “Act”). personal data, which is the Operator. The user further agrees that the personal data will be processed and used by: the administrator, any employee of the administrator, any contractor of the administrator;
7.2The Administrator is authorized to collect the following data concerning the User: name and surname, or. date of birth, identification number.address (billing and delivery). phone number, e-mail address, user account login and password.
7.3This User's consent is granted for an indefinite period of time.
7.4The Operator, as the Administrator, has the intended purpose of processing personal data: sending business offers of the Administrator; marketing purposes; providing personal data to third parties; including personal data in databases; making personal data available to third parties;
7.5 The User declares that I am aware of my rights under § 12 and § 21 of the Act and declares that all data are accurate and true and are provided voluntarily.
7.6The Operator declares that it will collect personal data to the extent necessary to fulfill the above purpose and process it only in accordance with the purpose for which it was collected.
7.7The Operator declares that it will process personal data in the following way: by machine (automated) through computers and computer programs;
7.8This consent is a free and conscious expression of the will of the User as a data subject, the content of which is the consent of the data subject to the processing of personal data.
8 Cookies
In accordance with the provision of § 89 para. No. 127/2005 Coll., on electronic communications, as amended, the Operator hereby informs the User that it is processing cookies of the User, including permanent cookies, and the User expresses his consent to this.
The consent under the previous paragraph is granted for a period of 30 years. The Provider processes cookies of the User to personalize content and advertisements, provide social media features and analyze traffic. Operator Information on how the User uses the E-shop is shared with his partners working in the field of social media, advertising and analysis.
9 Using the E-shop
9.1The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Terms and Conditions.
9.2The operator has the right to change the E-shop, ie its technical solution and / or user interface.
9.3The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for the maintenance or repair of the E-shop or for any other reason on the part of the Operator or a third party.
9.4The user is obliged to observe valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to fully compensate any damage that the Operator or third parties would incur.
9.5In the event of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
10 Declaration of the Operator
10.1The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
10.2Due to a technical error in the E-shop, the purchase price may be displayed for the Goods whose amount does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contact the User and inform him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price. .
10.3The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or distorting as a result of their transfer to the display in the User's technical means, therefore the User is always obliged to read the entire description of the Goods and Operator.
10.4The contact details of the Operator for communication with the User are specified in the E-shop user interface in the Contact section.
11 Applicable law
11.1These Business Terms and Conditions as well as the Purchase Agreement are governed by the laws of the Czech Republic, in particular the Civil Code.
12 Efficiency
12.1 These terms and conditions come into effect on 10.02.2019.