General terms and conditions
General terms and conditions
Yes.
Basic provisions
These general terms and conditions (hereinafter referred to as'business terms') are issued in accordance with Article 1751 and Title No. 89/2012 Sb., Civil Code (civil Code)
Stefan Dojhan
ICE: 76076458
DIC: CZ8012076930
Headed: Measures 75, Measures 257 65
contact details: Stefan Dojjan
Email: info@spiritwarrior.eu
telephone 776 035 716
(hereinafter referred to as "seller")
These terms and conditions govern the reciprocal rights and obligations of the seller and the natural person concluding a purchase contract outside his business activity as a consumer, or as part of their business activity (hereinafter referred to as "the buyer") through a website interface available on the website www.spiritwarrior.euInternet commerce only).
The terms and conditions are an integral part of the purchase contract. Deviated arrangements in the purchase contract shall take precedence over the provisions of these terms and conditions.
These terms and conditions of sale are concluded in Czech.
II
Information on goods and prices
Information on the goods, including an indication of the prices of the individual goods and their main characteristics, shall be given in the Internet commerce catalogue for the individual goods. The prices of the goods shall be indicated, including value added tax, all related charges and costs for the return of the goods, where such goods cannot, by their very nature, be returned by ordinary postal means. The prices of the goods shall remain valid for the period for which they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed terms.
All presentations of goods placed in the catalogue of Internet commerce shall be informative and the seller shall not be obliged to conclude a contract of sale in respect of those goods.
The Internet store publishes information on the costs of packing and delivery of goods. Information on the costs of packing and delivery of goods listed in the online store shall apply only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia. Prices indicated when choosing transport.
Any discounts on the purchase price of the goods may not be combined unless otherwise agreed between the seller and the buyer.
III
Order and conclusion of the purchase contract
Costs incurred by the purchaser when using the means of telecommunication in connection with the conclusion of the purchase contract (Internet connection costs, telephone charges) shall be borne by the purchaser himself, which shall not be different from the basic rate.
The buyer shall order the goods in the following ways:
through his customer account, if he has previously registered in an internet store,
filling out an order form without registration.
When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The order is sent by the buyer to the seller by clicking on the corresponding order button. The information given in the order shall be considered correct by the sellers. The condition of validity of the order i s the completion of all mandatory particulars in the order form and the confirmation by the buyer that he has become aware of these commercial conditions.
Immediately upon receipt of the order, the seller shall send the buyer the acknowledgement of receipt of the order to the e-mail address which the buyer entered when ordering. This confirmation shall be automatic and shall not be considered as the conclusion of a contract. The current trading conditions of the seller are attached to the certificate. The purchase contract is concluded only after receipt of the order to the seller. The notice of receipt of the order is delivered to the email address of the buyer. /Immediately upon receipt of the order, the seller shall send the buyer confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation shall be deemed to be the conclusion of a contract. The current trading conditions of the seller are attached to the certificate. The purchase contract is concluded by confirming the order to the seller's e-mail address.
If any of the requirements set out in the order cannot be met, the seller shall send an amended tender to the buyer at his e-mail address. The amended offer shall be considered as a new draft purchase contract and the purchase contract shall, in such a case, be concluded by a confirmation from the buyer that the offer has been accepted by the seller at his e-mail address indicated in these terms and conditions.
All orders received by sellers are binding. The buyer may cancel the order until the buyer has received a notice of acceptance from the seller. The buyer may cancel the order by telephone t o the telephone number or email of the seller specified in these terms and conditions.
In the event of a manifest technical error on the part of the seller when entering the price of goods in an online store or during the ordering process, the seller shall not be obliged to deliver the goods to the buyer at that manifestly incorrect price. The seller informs the buyer of the error without undue delay and sends an amended offer to the buyer at his e-mail address. The amended offer shall be considered as a new draft purchase contract and the purchase contract shall in such a case be concluded by a receipt from the buyer to the seller's e-mail address.
For training tools manufactured according to the customer's wishes, we will require a 50% advance from the price of tools on the account, since the tool will be of no interest to other customers and therefore not for sale.
The product cannot be returned within the statutory 14-day period -see. mouth. 1837th letter. (d) the civil code, in the case of the supply of goods, as requested by or for the consumer.
IV
Customer account
Based on the registration of the buyer made in the internet store, the buyer can access his customer account. From his customer account the buyer can order goods. The buyer may also order goods without registration.
When registering in a customer account and ordering goods, the buyer is obliged to enter all data correctly and truthfully. The information contained in the user account shall be updated by the buyer in case of any change. The information given to the buyer in the customer account and when ordering the goods shall be considered correct by the seller.
Access to a customer account is secured by a user name and password. The buyer is obliged to remain silent regarding the information necessary to access his customer account. The seller is not liable for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The seller may cancel the user account, in particular if the buyer no longer uses his user account or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
The buyer notes that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software. the necessary maintenance of third party hardware and software.
V.
Payment terms and delivery of goods
The buyer may pay the price of the goods and, where applicable, the costs associated with the delivery of the goods under the contract of purchase in the following ways:
cash transfer to the bank account of the seller 2864265001/5500, held at Raifeissen Bank.
Together with the purchase price, the buyer i s obliged to pay to the seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood as the costs associated with the delivery of the goods.
In the case of cash payment, the purchase price shall be payable when the goods are taken over. In the case of a non-cash payment, the purchase price shall be payable within fourteen days of the conclusion of the purchase contract.
In the case of a non-cash payment, the buyer's obligation to pay the purchase price shall be fulfilled when the relevant amount is credited to the seller's bank account.
The seller does not require any advance payment or other similar payment from the buyer in advance. Repayment of the purchase price before dispatch is not an advance.
The goods are delivered to the buyer:
to the address of the buyer
personal collection at the seller's establishment.
The choice of delivery method shall be made during the ordering of goods.
The costs of delivery of goods depending on the way the goods are dispatched and taken over are indicated in the order of the buyer and in the confirmation of the order to the seller. the buyer bears the risk and any additional costs associated with this mode of transport.
If the seller is obliged under the contract of sale to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery. Where, for reasons on the part of the buyer, the goods have to be delivered repeatedly or in a manner other than that specified in the order, the buyer shall be liable for the costs associated with the repeated delivery of the goods, etc. costs related to other means of delivery.
When the goods are taken over from the carrier, the buyer shall check the integrity of the packaging of the goods and, in the event of any defect, notify the carrier immediately. In the event of a finding of a breach of the packaging indicating an unauthorised entry into a consignment, the buyer need not take over the consignment from the carrier.
The seller shall issue an invoice to the buyer. The tax document is attached to the delivered goods.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods shall pass to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to take over the goods but did not do so contrary to the contract of purchase.
VI.
Withdrawal from the contract
A buyer who has concluded a purchase contract outside his business activity as a consumer shall have the right to withdraw from the purchase contract.
The period for withdrawal from the contract shall be 14-day.
from the date of acceptance,
from the date of acceptance of the last delivery of the goods, where several types of goods or several parts are the subject of the contract;
from the date of acceptance of the first supply of goods, where the contract covers the regular re-supply of goods.
The buyer may not, inter alia, withdraw from the purchase contract:
the provision of services where they have been fulfilled with his prior express agreement before the expiry of the period for withdrawal from the contract and the seller has informed the buyer before the conclusion of the contract that he is not entitled to withdraw from the contract in such a case,
the supply of goods or services, the price of which depends on the fluctuations of the financial market, irrespective of the seller's will, and which may occur within the time limit for withdrawal from the contract,
the supply of goods which have been modified at the request of the buyer or his person;
the supply of goods which are subject to rapid destruction, as well as goods which, after delivery, have been irrevocably mixed with other goods,
the supply of goods in a sealed package which the buyer has removed from the package and cannot be returned for hygienic reasons,
the supply of newspapers, periodicals or magazines,
the supply of digital content, if not delivered on a mass medium and delivered with the prior explicit consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that, in that case, he has no right to withdraw from the contract,
in other cases referred to in Section 1837 of the Civil Code.
In order to comply with the withdrawal period, the buyer must send a withdrawal declaration within the withdrawal period.
To withdraw from the purchase contract, the buyer may use the model form to withdraw from the contract provided to the seller. The buyer shall send the withdrawal from the purchase contract to the buyer's e-mail or delivery address specified in these terms and conditions. forms.
The buyer who has withdrawn from the contract shall return the goods to the seller within fourteen days of the withdrawal from the contract to the seller. The buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means for their nature.
If the buyer withdraws from the contract, the seller shall repay him without delay, but no later than fourteen days after the withdrawal from the contract, a l l cash, including delivery costs, received from him in the same manner. The seller shall repay the funds received to the buyer by any other means only if the buyer agrees and if this does not result in additional costs (typically PayPal terms and rates charged for the transfer).
If the buyer has chosen a method other than the cheapest way of delivering the goods offered by the seller, he shall reimburse the seller for the costs of delivering the goods to the buyer corresponding to the cheapest way of delivering the goods offered.
If the buyer withdraws from the purchase contract, the seller shall not be obliged to return the cash received to the buyer before the buyer hands over the goods to him or proves that he has dispatched the goods to the seller.
The goods must be returned to the buyer in their original packaging, undamaged, unused and unsealed and, where possible, in the original packaging. The seller shall be entitled to claim compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
The seller is entitled to withdraw from the contract of sale on account of the sale of stocks, unavailability of goods, or where the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the purchaser by e-mail of the address specified in the order and shall, within fourteen days of notification of withdrawal from the contract of sale, return a l l funds, including delivery costs, received from him under the contract in the same manner, where applicable, by a designated buyer.
The product cannot be returned within the statutory 14-day period -see. mouth. 1837th letter. (d) the civil code, in the case of the supply of goods, as requested by or for the consumer.
VII.
Rights from defective performance
The seller replies to the buyer that the goods are not defective when taken over. In particular, the seller shall reply to the buyer that at the time the buyer took over:
it has the characteristics which the parties have agreed and, in the absence of an arrangement, it has the characteristics described or expected by the seller or manufacturer, having regard to the nature of the goods and the advertising carried out by them,
the goods are fit for the purpose which the seller indicates for their u se or for which the goods of this type are normally used,
the goods correspond to the quality or design of the agreed sample or design, where the quality or design has been determined according to the agreed sample or design;
the goods are in an appropriate quantity, size or weight; and
the goods comply with legal requirements.
If a defect occurs within six months of the acquisition of the goods by the buyer, the goods shall be deemed to have been defective at the time of acceptance. The buyer is entitled to claim the right to defect that occurs with the consumables within twenty-four months of taking over. This provision shall not apply to goods sold at a lower price for defects for which a lower price has been agreed, to the wear and tear of goods resulting from their normal u se, to goods used for defects corresponding to the degree of use or wear which the goods had at the time of acceptance by the purchaser, or where the nature of the goods so requires.
In the event of a defect, the buyer may lodge a complaint with the seller and request:
exchange for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdraw from the contract.
The buyer has the right to withdraw from the contract,
if the goods have a material defect,
if the item cannot be properly used for the recurrence of a defect or defect after repair,
with more defects in the goods.
The seller is obliged to accept a complaint in any establishment where the complaint can be received, including, where appropriate, at the premises or place of business. The seller is obliged to provide the buyer with written confirmation as to when the buyer has exercised the right, what is the content of the complaint and how the buyer requests the complaint to be dealt with, as well as confirmation as to the date and manner of handling of the complaint, including confirmation as to the execution of the repair and its duration, where applicable, written reasons for rejecting the complaint.
The seller or his authorised representative shall decide on the complaint immediately, in difficult cases within three working days. Within this period, a period appropriate to the type of product or service required for the expert assessment of the defect shall not be calculated. Complaints, including rectification of defects, must be dealt with without delay, no later than thirty days after the date of application of the complaint, if the seller and the buyer do not agree on a longer period. The expiry of this period shall be considered as a material breach of the contract and the buyer shall have the right to withdraw from the contract. The moment when the complaint is lodged shall be the moment when the will of the buyer (application of the defective performance right) becomes manifest to the seller.
The seller shall inform the buyer in writing of the result.
The right to defective performance does not matter to the buyer if the buyer knew before taking over the item that the item was defective or if the buyer caused the defect himself.
In the case of a legitimate complaint, the purchaser shall have the right to reimburse the costs actually incurred in connection with the application of the complaint. This right may be exercised by the buyer to the seller within one month of the expiry of the warranty period.
The buyer has a choice of complaint.
The rights and obligations of the Contracting Parties with regard to the rights of defective performance shall be governed by Chapters 1914 to 1925, 2099 to 2117 and Chapters 2161 to 2174 of the Civil Code and the Law No. 634/1992 Sb., on consumer protection.
VIII.
Delivery
The Contracting Parties may provide each other with written correspondence by electronic mail.
The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address indicated in his customer account or in the order.
Ninth.
Out-of-court dispute resolution
The Czech Commercial Inspection, based in Stuttgart 567/15, 120 00 Prague 2, IC: 000 20 869, Internet address, is responsible for the out-of-court settlement of consumer disputes from the purchase contract: https://adr.coi.cz/csYeah. Online dispute resolution platform at an Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
European Consumer Centre Czech Republic, based in Stefan 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point under the Regulation of the European Parliament and of the Council (EU). 524/2013 from day 21. in May 2013 on the resolution of consumer disputes on line and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the settlement of consumer disputes on line).
The seller is entitled to sell the goods on the basis of a business licence. The Czech Trade Inspection is carried out within the scope of its competence by the competent trade authority. 634/1992 Sb., on consumer protection.
X
Final provisions
Any arrangement between the seller and the buyer with the legal order of the Czech Republic. If the relationship based on the purchase contract contains an international element, then the parties agree that the relationship is governed by Czech law. This shall be without prejudice to consumer rights arising from generally binding legislation.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of paragraph 1826(a). One letter. (e) the Civil Code.
All rights to the website of the seller, in particular copyright to the content, including the layout of the site, photos, films, graphics, trademarks, logo and other content and elements, belong to the seller. It is prohibited t o copy, edit or otherwise use the website or part thereof without the consent of the seller.
The seller shall not be liable for any errors made a s a result of the interference of third parties in or use of the Internet commerce contrary to its intended purpose. The buyer shall not use procedures which could have a negative impact on its operation and shall not engage in any activity when using the Internet commerce, which could allow him or third parties to tamper with, or to use, software or other components forming an Internet commerce in a manner that would be contrary to his or her purpose or purpose in an unlawful manner.
The buyer thereby assumes the risk of changing circumstances within the meaning of paragraph 1765(1). The second civil code.
The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.
The terms and conditions may be amended or supplemented by the seller. This provision shall be without prejudice to the rights and obligations arising during the period of validity of the previous terms and conditions.
A model contract waiver form is attached to the terms of trade.
These trading conditions shall take effect on day 1.1.2020.