General Terms and Conditions for Consumers
These General Terms and Conditions for Consumers (hereinafter referred to as the “Terms and Conditions”) apply to contracts concluded through the online shop located on the web interface www.dekontacbrn.cz (hereinafter referred to as the “web interface”) between:
– Dekonta CBRN s.r.o., Volutová 2523, 1588, Prague 5
– Identification number: 25157957
– Tax registration number: CZ25157957
– Registered: in the Commercial Register kept at the Municipal Court in Prague, file number C 275241
– Delivery address: Dekonta CBRN s.r.o., Volutová 2523, 1588, Prague 5
– Phone: +420 604 248 098
– Contact e-mail: email@example.com
as the seller
and you as the buyer.
- INTRODUCTORY PROVISIONS
By the purchase contract we undertake to deliver to you the goods specified in your order and you undertake to take delivery of those goods (either in person or from a carrier) and to pay us the purchase price (or just the “price”), including the costs associated with delivery of the goods and any charges associated with the chosen method of payment specified in the order.
You will acquire title to the goods on payment of the full purchase price but not before you take delivery of the goods.
A contract of sale (or just “Contract”) refers herein to any contract entered into under these Terms and Conditions. This may include, for example, a contract for the provision of services.
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you are buying goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise (e.g. if you provide your personal identification number when you make the purchase), it is not a consumer contract and you are not covered by consumer protection under the legislation and these terms and conditions, but you are covered by the General Terms and Conditions for Entrepreneurs and Legal Entities. In particular, as a non-consumer you do not have the right to withdraw from the contract without giving any reason.
As a consumer, you have in particular:
– The right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or internet commerce (Article 5 of these terms and conditions);
– Warranty under the terms and conditions governed by the Consumer Complaints Procedure (the “Complaints Procedure”);
– The right to information before the conclusion of the contract (information is contained in these terms and conditions or on the web interface);
– The right to an out-of-court settlement of a consumer dispute under the contract (Article 7.3 of these Terms and Conditions).
Our legal relationship is governed by the following documents:
– These terms and conditions, which define and specify our mutual rights and obligations;
– The Complaints Procedure, according to which we will proceed with the complaint of goods;
– The Personal and other data protection principles, which governs the protection of your personal data;
– The terms and conditions and instructions set out on the web interface, in particular when concluding a contract;
– The order and its acceptance by us,
and, in matters not covered herein, the following legal provisions:
– Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”);
– Act No. 634/1992 Coll., on Consumer Protection, as amended.
If your domicile or registered office is located outside the Czech Republic or if our legal relationship contains any other international element, you acknowledge that our relationship is governed by Czech law.
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
We may change or amend the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions effective at the time when they arose.
- PURCHASE CONTRACT
2.1 Conclusion of the contract
A list of the goods including a description of the main features of each item is provided on the web interface. For each item, the price including all taxes, duties and charges is indicated. The presentation of the goods is for information purposes only and does not constitute a proposal by us to conclude a contract within the meaning of section § 1732 (2) of the Civil Code. In order to enter into a contract, it is necessary that you have placed an order and that this order has been accepted by us.
2.2 Placing an order
You can always place an order via the web interface (by filling in the form), or by e-mail or in any other way that we allow according to the current information on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of items, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).
Before the binding dispatch of the order, you still have the possibility to check and change the input data you have entered in the order and to check the final price (depending on the chosen shipping and payment method). In particular, we recommend that you check the type and quantity of goods, email and delivery address.
You can place a binding order by pressing the “Submit Order” button. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
We will inform you of the receipt of your order. The information (confirmation) of receipt of the order is also an acceptance of the order by us.
If we have any doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.
The contract of sale is concluded at the time you receive our acceptance of your order. Acceptance of your order will be sent to the email address you provided in your order. Should acceptance of the order not be received, the contract is concluded when you pay the full purchase price or take delivery of the ordered goods (whichever is earlier). Acceptance of the order (acceptance) is part of the information on receipt of the order according to article 2.2 of these conditions.
Information about the various technical steps leading to the conclusion of the contract is visible from the web interface.
2.3 Order cancellation
You may cancel an order that has not yet been accepted by us (i.e. you have not been sent an order acceptance by us in accordance with Article 2.3 of these Terms and Conditions) by telephone or email. All orders accepted by us are binding. Later cancellation of an order is only possible by agreement with us. If an order for goods in respect of which the contract cannot be cancelled (see clause 5 for details) is cancelled in this way, we shall be entitled to reimbursement of the costs we have already incurred in connection with the contract.
The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for as long as they are displayed on the web interface. Any discounts on the price of the goods cannot be combined with each other, unless otherwise expressly stated on the web interface.
In the event that there is a clear technical error on our part in the display of the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at the clearly incorrect price, even if you have been sent an acceptance of your order in accordance with these terms and conditions. In this case, we reserve the right to withdraw from the contract.
If the price stated for the goods on the web interface or during the ordering process is no longer valid, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.
Orders sent are not affected by a price change that occurs between the time the order is sent and the time it is accepted by us in accordance with Article 2.3 of these Terms and Conditions.
The contract may be concluded in Czech unless we expressly agree on another language.
The contract is not concluded in writing with the signatures of the parties. The contract consists of these terms and conditions, your order and our acceptance of it.
If you have any questions about the terms and conditions or the contract, you can contact us by telephone or e-mail. We will be happy to provide you with all the necessary information.
- PAYMENT TERMS
3.1 Payment methods
You can pay the purchase price mainly by the following methods:
– cash on delivery or in person (at one of our branches listed on the web interface);
– before delivery of the goods online by payment card;
– before delivery of the goods by transfer to our bank account (instructions will be communicated to you in the order confirmation).
Any other payment methods are indicated on the web interface.
Some payment methods (in particular cash on delivery) may incur additional charges. These charges are indicated on the web interface. The final price will always be indicated in the order, which already includes the fees associated with the chosen payment method.
3.2 Due date of the purchase price
In the case of payment in cash, the price is due upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receipt of the order in accordance with clause 2.3. In the case of non-cash payment, your obligation to pay the price is fulfilled when the relevant amount is credited to our bank account.
3.3 Currency of payment
Payment for the goods is possible in Czech crowns (CZK) , and (if indicated on web interface or agreed) in EURO.
3.4 Payment in advance
We may require an advance payment of the purchase price especially for orders with a total price of over CZK 5,000.
Furthermore, we are entitled to ask you to pay the full price of the goods before they are dispatched or handed over (Section 2119 part 1 of the Civil Code does not apply).
Pursuant to Act No. 112/2016 Coll., on the registration of sales, we are obliged to issue for you a receipt. At the same time, we are obliged to register the received sales with the tax authorities online; in the event of a technical failure, then within 48 hours at the latest.
By agreeing to these terms and conditions, you also grant us your consent to provide you with an electronic receipt.
- TERMS OF DELIVERY
4.1 Methods of delivery
The methods of delivery of the goods are indicated on the web interface. You can select the specific method of delivery of the goods in the order. If you do not select a delivery method, we may determine it.
4.2 Cost of delivery
The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. The actual cost of delivery of the goods is shown on the web interface.
The order will always include the final price, which already includes the cost of the chosen shipping method.
4.3 Delivery date
The delivery time always depends on the availability of the goods and the chosen method of transport and payment.
Goods that are in stock are usually dispatched within two working days from the receipt of the order (when sending goods on delivery or personal collection), or from the crediting of payment to our account (in case of cashless payment).
Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.
Delivery of the goods under these terms and conditions means when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.
4.4 Procedure for taking delivery of the goods
On receipt of the goods, check the packaging of the goods for integrity. If you find any defects, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this shall not be considered an unreasonable refusal.
From the moment you take delivery of the goods (or from the moment you were obliged to take delivery of the goods but failed to do so in breach of contract), risk of accidental destruction, damage or loss of the goods passes to you.
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed, you shall be liable for the costs of such delivery.
In the event that you do not accept the goods without good reason, we shall be entitled to compensation for the costs of delivery and storage of the goods and any other costs incurred by us as a result of the non-acceptance of the goods. These costs amount to CZK 10 for each day of storage, but not less than CZK 500.
In addition, we have the right to withdraw from the contract in this case.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
You may withdraw from the purchase contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send your notice of withdrawal to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will acknowledge receipt of the notice without undue delay. You do not need to give any reasons for withdrawal.
By withdrawing from the contract, the contract is cancelled from the outset and is treated as if it had not been concluded.
If a gift has been given to you together with the goods with your consent, the gift contract shall cease to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.
Pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from contracts for the supply of goods that have been customised to your wishes or for you, among other things.
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any premises or to our registered office. Do not send goods by means of cash on delivery. We are not obliged to accept goods sent by cash on delivery.
We recommend that returned goods are accompanied by:
– a copy of the delivery note and invoice, if these documents were issued, or other proof of purchase;
– a written statement of withdrawal (on our form or otherwise) and the method of refund chosen (bank transfer or personal collection). Please include your delivery address, telephone number and email in your statement.
Failure to submit any of the above documents will not prevent your withdrawal from being processed positively in accordance with the statutory conditions.
We will refund any monies received within 14 days of withdrawal. However, please note that we are not obliged to refund you until you have returned the goods to us or you have proved that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund the cost of delivery of the goods to you at an amount equivalent to the cheapest method of delivery offered.
We will refund your money:
– in the same way we received it; or
– in the way you request.
In addition to the above methods, we can always refund the money by sending it to the bank account you provided us with or account from which the funds were transferred to pay the purchase price (if you do not provide us with one within ten days of withdrawal from the contract). By accepting these terms and conditions, you agree to the sending of the funds in accordance with the preceding sentence, provided that you do not incur any further costs in this way.
You shall bear the costs of sending the returned goods to our address, even if the goods cannot be returned by the usual postal route due to their nature.
When sending the goods, please wrap them in suitable packaging to prevent damage or destruction.
If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for this diminution in value.
We reserve the right to withdraw from the contract in the following cases:
– a technical error has resulted in a clearly incorrect price for the goods on the web interface;
– the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
– performance becomes objectively impossible or unlawful;
– you refuse to take delivery of the goods or are in default in taking delivery of the goods.
In the event that any of the above occurs, we will inform you immediately of our withdrawal from the contract. The withdrawal is effective against you from the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will refund the amount received to you without cash to the account you provide us with for this purpose or from which you made the payment. We will refund the money within five days of cancellation of the purchase contract.
If you have caused the withdrawal, we may claim compensation for the costs incurred.
- RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code).
When exercising rights arising from defective performance, we will proceed in accordance with our Complaints Procedure. Please read the Complaints Procedure thoroughly before submitting a claim so that the claim can be settled as quickly and to your satisfaction as possible.
- COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
We shall not be liable for errors resulting from third party interference with the web interface or from its use contrary to its intended purpose. When using the web interface, you must not use any procedures that may interfere with the operation of the system or place an unreasonable load on the system.
If you engage in any illegal or unethical conduct while using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.
Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.
- FINAL PROVISIONS
If you are a consumer and if a dispute arises between us under the contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: firstname.lastname@example.org; telephone: +420 296 366 360) for the purpose of out-of-court resolution of the consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
When concluding the contract, means of distance communication (in particular the internet) are used. You are responsible for the costs incurred when using distance communication (in particular the cost of the internet connection or telephone calls).
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail or by registered mail. For our part, we will deliver to the email address provided in your order or user account.
In the event that any provision of these terms and conditions is (or becomes) invalid, ineffective or unenforceable, the provision which is closest in meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including the terms and conditions) may be amended or supplemented only in writing.
These terms and conditions are valid and effective from 1.9.2021.