TERMS AND CONDITIONS
I. Introductory provisions
- These general business conditions ("Business Conditions") of the company REFORK SE, VAT Number: CZ08039763, with its registered office at U Uranie 954/181, Holešovice, 170 00 Prague 7, entered in the Commercial Register kept at the Municipal Court in Prague under file. No.: H 2241 ("Seller") further regulated under the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with the purchase contract or based on a purchase contract ("Purchase Contract") concluded between the Seller and another person ("Buyer") through the Internet shop (e-shop) of the Seller. The e-shop is operated by the Seller on the Website located at the website address www.shop.refork.com ("Website"), through the interface of the Website ("web interface of the store").
- These Terms and Conditions apply to:
- The Buyer, who is an entrepreneur in the sense of the provisions of § 420 of the Civil Code, is considered any person who acts in the name or on behalf of the entrepreneur; or
- The Buyer, who is a consumer in the sense of the provisions of § 419 of the Civil Code.
- These Business Terms and Conditions may express specifically which rights and obligations apply exclusively to Buyers of Entrepreneurs and which only to Buyers of Consumers.
- The Buyer’s and the Seller's legal relationship is governed by the Purchase Agreement, these Business Conditions, and the relevant provisions of the Civil Code.
- Restrictions differing from the Business Conditions can be agreed in the Purchase Agreement. Differing restrictions in the Purchase Agreement take precedence over the terms of the Business Conditions.
- The terms of the Business Conditions are an integral part of the Purchase Agreement.
- The expression of the Business Conditions may be modified or extended by the Seller. This requirement does not affect the rights and obligations occurring during the validity of the previous version of the terms and conditions.
II. User account
- Based on the Buyer's registration made on the Website, the Buyer may access its user interface. From its user interface, the Buyer can order goods ("User Account"). If the store's Web interface allows it, the Buyer may also order goods without registration directly from the Web interface of the store.
- When registering on the Website and ordering goods, the Buyer is obligated to state all data correctly and truthfully. The Buyer is obligated to update the data specified in the User Account in the event of any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
- A username and password secure access to the User Account. The Buyer is obligated to maintain the confidentiality of the information necessary to access his/her User Account.
- The Buyer is not entitled to allow the use of the User Account to third parties.
- The Seller may cancel the User Account, especially if the Buyer does not use his User Account for more than three (3) years, or if the Buyer breaches its obligations under the Purchase Agreement (including the Business Conditions).
- The Buyer acknowledges that the User Account may not be available constantly, especially regarding the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third-party hardware and software. The Seller reserves the right to limit or temporarily or permanently prevent the Buyer from concluding Purchase Agreements in a manner via the Trade Web Interface.
III. Conclusion of the Purchase Agreement
- All presentation of goods placed in the store's Web interface is informative, and the Seller is not obligated to enter into a Purchase Agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
- The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed, including value-added tax and all related fees. This provision does not limit the Seller's ability to enter into a Purchase Agreement under individually agreed conditions. The Seller also reserves the right to change prices. The currently valid prices are communicated to the Buyer together with the order confirmation. In the event of a discrepancy between the amount of the price valid at the time of the Order and the amount of the price valid at the time of confirmation of the Order, the Buyer is entitled to withdraw from the Purchase Agreement within three (3) working days.
- The store's web interface also contains information on the costs associated with the packaging and delivery of goods.
- To order goods, the Buyer fills in the order form in the Web interface of the store. The order form contains in particular information about:
- the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Web interface of the store),
- on the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and
- information on costs associated with the delivery of goods ("Order").
Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer into the Order, even with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "ORDER" button. The data listed in the Order are deemed correct by the Seller. After receiving the Order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the User Interface or the Order ("Buyer's e-mail address").
- The contractual relationship between the Seller and the Buyer arises by sending an order confirmation (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address; exceptions are cases of the procedure according to Article III.7. of these Business Conditions, where the contractual relationship between the Seller and the Buyer arises from the delivery of an additional confirmation of the Order by the Buyer to the Seller ("Conclusion of the Purchase Agreement").
- The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The Buyer himself/herself shall bear the costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Agreement (especially the costs of internet connection), and these costs shall not differ from the basic rate.
- If the Seller is to send the goods, he shall hand over the goods to the Buyer by handing them over to the first carrier for transport for the Buyer and shall enable the Buyer to use the rights under the contract of carriage against the carrier.
- According to the previous paragraph, the risk of damage to the goods is transferred to the Buyer by handing over the goods to the carrier. In the case of a personal collection of goods, the risk of damage to the goods passes to the Buyer, or by allowing the Buyer to dispose of the goods.
- The Seller shall hand over the purchase object to the Buyer in the agreed quantity, quality, and design. If it is not agreed how the goods are to be packed, the Seller will pack the goods according to custom; if they are not, then in the manner necessary for the preservation of the goods and their protection. In the same way, the Seller shall provide the goods for transportation.
IV. Price of goods and payment terms
- The purchase price of the goods and any costs associated with the delivery of goods under the Purchase Agreement shall be paid by the Buyer to the Seller exclusively in the following ways:
- cashless transfer to the Seller's account through the payment gateway Stripes, in which case the Buyer proceeds according to the instructions of the relevant electronic payment provider
- Together with the purchase price, the Buyer is obligated to pay the Seller also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
- Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
- If this is customary in business relations or stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer regarding payments made based on the Purchase Agreement. The Seller is a payer of value-added tax. The tax document - an invoice will be issued by the Seller to the Buyer after payment of the goods' price and will be sent in the electronic form to the Buyer's e-mail address.
- In the case of payment of the purchase price by the Buyer, who is a consumer, in the manner covered by the amendment to Act No. 112/2016 Coll., On the registration of sales, the Seller is obligated to issue a receipt to the Buyer as amended. At the same time, he is obligated to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
V. Common provisions for withdrawal from the contract
- In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within sixty (60) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Agreement, the Buyer pays the costs associated with the goods' return to the Seller, even if the goods cannot be returned by ordinary mail.
- In the event of withdrawal from the Purchase Agreement, the Seller shall return the received funds to the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as the Seller received them from the Buyer. In the event of withdrawal from the Purchase Agreement, the Seller is not obligated to return the received funds to the Buyer before the Buyer returns the goods or proves that he sent the goods to the Seller. If a gift or any other benefit or bonus is provided to the Buyer together with the goods, the Buyer is obligated to return the provided gift or additional provided benefit or bonus to the Seller together with the goods.
- The Seller is entitled to individually set off the right to compensation for damage caused to the goods against the Buyer's right to a refund of the purchase price.
VI. Withdrawal from the Purchase Agreement by the Buyer, who is an entrepreneur
- Following the provisions of 2001 of the Civil Code, the parties have agreed that it is possible to withdraw from the Purchase Agreement. If a party materially breaches the Purchase Agreement, the other party may withdraw from the Purchase Agreement without unnecessary delay.
- Both the Seller and the Buyer may withdraw from the Purchase Agreement without unnecessary delay after the other party's conduct undoubtedly shows that it has breached the Purchase Agreement substantially and if it does not provide reasonable assurance at the request of the entitled party.
- In addition to the above, the Buyer is entitled, within fourteen (14) days from the Conclusion of the Purchase Agreement, to request the Seller to cancel its Order and terminate the Purchase Agreement without giving a reason. In this case, the Buyer is not entitled to cancel the Order. If the Seller satisfies the request, the Purchase Agreement expires by sending a confirmation of the Seller's Order cancellation to the Buyer. If the Seller incurs any costs connected with the Order's cancellation, the Buyer is obligated to refund them.
VII. Withdrawal from the contract by the Buyer, who is a consumer
- The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods, which was modified according to the Buyer's wishes or for him/her, from the Purchase Contract for the delivery of goods in a sealed package, which the consumer removed from the packaging and for hygienic reasons cannot be returned.
- If it is not a case referred to in Article VII.1. of these Business Conditions or in another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement in a distanced manner within sixty (60) days from receipt of the goods following the provisions of § 1829 paragraph 1, and if the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. To start a return, you can contact us at firstname.lastname@example.org If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
- The Seller is entitled to withdraw from the Purchase Agreement only for the reasons stated in the Civil Code.
- The Seller is entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in any other way if the Buyer agrees and the Buyer does not incur additional costs.
- In cases where the Buyer has the right to withdraw from the Purchase Agreement following the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the Buyer takes over the goods. In such a case, the Seller will return the purchase price to the Buyer without unnecessary delay, cashless transfer to the account specified by the Buyer.
VIII. Transportation and delivery of goods
- If the transport method is contracted based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
- If, according to the Purchase Agreement, the Seller is obligated to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obligated to take over the goods upon delivery.
- If for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the Order, the Buyer is obligated to pay the costs associated with repeated delivery of goods or expenses related to another method of delivery.
- If the Buyer is in arrears with the acceptance of the goods, the Seller warns the Buyer that he is entitled, after providing the Buyer by e-mail with a reasonable period for approval, to sell the goods suitably after its expiration. The costs of storage, resale, and the cost of futile delivery of goods due to lack of cooperation on the part of the Buyer in the necessary amount, the Seller is entitled to offset against the Buyer against the proceeds of the sale. If the Buyer has paid the purchase price, the proceeds from the sale, after considering the costs of the Seller according to the previous sentence, will be remitted by the Seller to the Buyer's bank account from which the purchase price was paid.
- The risk of damage to the goods passes to the Buyer in the sense of the provisions of § 2123 of the Civil Code when the Seller hands over the goods to the carrier.
- Other rights and obligations of the parties in the transport of goods may be regulated by the Seller's special delivery conditions if issued by the Seller.
IX. Defective performance rights
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (particularly the conditions of Sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
- The Seller is responsible to the Buyer that the goods are free of defects upon delivery. In particular, the Seller is responsible to the Buyer that at the time when the goods were taken over by the carrier (or the Buyer, if the Buyer took over the goods directly from the Seller):
- the goods have the properties agreed by the parties and, in the absence of such an agreement, the goods have the properties described by the Seller or the manufacturer or which the Buyer expected regarding the nature of the goods,
- the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model, photographs published in the catalog or the Seller's Website are illustrative only and are not considered a sample or model under this provision,
- the goods are in the appropriate quantity, measure, or weight, and
- the goods meet the requirements of the legislation.
- Provisions stated in Article IX.2. The terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to used and tear of the goods caused by its regular use, to used goods to a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if this due to the nature of the goods.
- The Buyer, who is an entrepreneur, is entitled to use the right to a defect that manifests itself in consumer goods within six (6) months of receiving, provided that the usual way of using the goods, or the standard storage conditions.
- The Buyer, who is a consumer, is entitled to use the right to a defect, which manifests itself in consumer goods within twenty-four (24) months from receiving. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer—this due to the nature of the goods.
- The Buyer is always obligated to use the rights arising from the defective performance without unnecessary delay after the defect manifestation. Failure to comply with this obligation leads to the termination of the Buyer's right to defective performance.
- The Seller shall always settle the complaint, including the eventual elimination of the defect, without unnecessary delay, usually within thirty (30) working days from the complaint's date. This period may change depending on the type of goods claimed or the time required for a professional assessment of the defect.
- The Buyer is liable to the Seller for the reduction in the value of the goods, which arose from handling these goods differently than it is necessary to handle them with regard to their nature and properties. If the returned goods are damaged by a breach of the Buyer's obligations, the Seller is entitled to claim from the Buyer compensation to reduce the value of the goods and deduct it from the returned amount.
- The Seller's Complaints Procedure may regulate other rights and obligations of the parties related to the Seller's liability for defects.
X. Transportation and delivery of goods
- The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
- The Buyer, who is an entrepreneur, hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
XI. Other special provisions concerning the Buyer, the consumer
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, CIN: 000 20 869, website address: http://www.coi.cz online at http://ec.europa.eu/consumers/odr can be used to resolve disagreements between the Seller and the Buyer under the Purchase Agreement.
- The Czech Trade Inspection Authority (CTIA) provides an out-of-court settlement of consumer disputes, the so-called ADR (Alternative Dispute Resolution). The aim of out-of-court settlement of consumer disputes is to reach an amicable settlement of the dispute and the parties' agreement. ADR at the CTIA is a notified body for out-of-court settlement of consumer disputes maintained by the European Commission.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website address: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EU) No. 524/2013 of the European Parliament and the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
- The Seller is entitled to sell goods based on a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
XII. Transportation and delivery of goods
- Invoices or any other documents are delivered to the Buyer's e-mail address.
XIII. Final Provisions
- If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties, following Article 6 (2) of Regulation (ES) No 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (Rome I), agree that the Purchase Agreement and the relationship between the Seller and the Buyer established by this Purchase Agreement, regardless of the language of the Purchase Agreement and the Business Conditions, are governed in full by the law of the Czech Republic.
- Differing provisions stated in the Purchase Agreement take precedence over the wording of these Business Conditions.
- Information on the Buyer's personal data protection, if the Buyer is a natural person, is contained in the document "Personal Data Protection", which is available on the Website in the Privacy section.
- If any condition of the Terms and Conditions is or becomes invalid or ineffective, the invalid condition shall be replaced by a condition whose meaning is as close as possible to the invalid condition. The invalidity or ineffectiveness of one condition does not affect the validity of other conditions of the Business Conditions.
- If the Purchase Agreement concluded between the Seller and the Buyer refers to the business conditions of the Buyer, these Business Conditions shall apply without exception.
- The Purchase Agreement, including the Business Conditions, is archived by the Seller in electronic form and is not publicly accessible.
- Contact details of the Seller:
- delivery address: REFORK SE, with its registered office at U Uranie 954/181, Holešovice, 170 00 Prague 7
- e-mail address: email@example.com
- phone number: +420 732 156 685
- The Buyer was sufficiently informed of being bound by these Business Terms and Conditions before sending his/her Order. By concluding the Purchase Agreement, confirmed that he/she had read and agreed with these Business Terms and Conditions. These Business Conditions form an integral part of the concluded Purchase Agreement.