- INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as "business conditions") of the business company SOLLAU s.r.o., with its registered office at Hřivínův Újezd 212, 763 07 Velký Ořechov, Czech Republic, IDNo.: 29261759, entered in the Commercial Register kept at the Regional Court in Brno, (Czech Republic) Section C, Insert 68934, AccNo.: 2100476427/2010 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the Parties arising in connection with a purchase contract or on the basis of a purchase contract (hereinafter referred to as the "Purchase contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") the Seller's online store. The online store is operated by the Seller at www.eshop.sollau.com, via a website (hereinafter referred to as the "store website").
1.2. The Terms and Conditions further regulate the rights and obligations of the contracting Parties when using the Seller's website located at www.eshop.sollau.com (hereinafter referred to as the "website") and other related legal relationships.
1.3. Provisions varying from the trading terms and conditions can be arranged in the purchase contract. Varying provisions in the purchase contract have priority over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
- USER ACCOUNT
2.1. Based on the Buyer's registration made on the website, the Buyer can access its user interface. From its user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the store website allows it, the Buyer can also order goods without registration directly from the store website.
2.2. When registering on the website and ordering goods, the Buyer is obliged to state all data correctly and truthfully. Data presented in the user account by the Buyer must be updated at any change. When ordering goods, the Buyer's data in the user account are considered by the Seller as correct.
2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain reticency regarding the information necessary to access his/her user account and acknowledges that the Seller is not responsible for breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to enable the use of the user account to third parties.
2.5. The Seller may cancel the user account, esp. if the Buyer does not use his/her user account for more than 12 months, or if the Buyer violates the obligations under the purchase contract (including business conditions).
2.6. The Buyer acknowledges that the user account may not be available continually, esp. with regard to the necessary maintenance of the Seller's hardware and software equipment, necessary maintenance of third party's hardware and software respectively.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1. The store website contains a list of goods offered by the Seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed without VAT. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed on the store website. This provision does not limit the Seller's possibility to make a contract purchase under individually agreed conditions. All offers for the sale of goods placed at the store website are non-binding and the Seller is not obliged to enter into a purchase contract regarding these goods.
3.2. The store website also contains information on the costs associated with the packaging and goods delivery. The information on costs associated with the packaging and goods delivery listed at the store website is valid only in cases where the goods are delivered within the territory of the Czech Republic, Slovakia and EU countries.
3.3. To order goods, the Buyer fills in the order form at the store website. The order form contains in particular information about:
- the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping basket of the store website),
- the method of payment of the purchase price of the goods, information on the required way of delivery of the ordered goods and
- information on the costs associated with the goods delivery (hereinafter collectively referred to as "order").
3.4. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, even with regard to the Buyer's possibility to detect and correct errors made when entering data into the order. The Buyer will send the order to the Seller by clicking on the "Send order" button. The data listed in the order are deemed by the Seller as correct. Immediately after receiving the order, the Seller will confirm the receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or the order (hereinafter referred to as the "Buyer's e-mail address").
3.5. Depending on the nature of the order (quantity of goods, purchase price, implied shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (i.e. in writing or by phone).
3.6. The contractual relationship between the Seller and the Buyer arises by request acceptance, which is sent by the Seller to the Buyer's e-mail address.
3.7. The Buyer acknowledges that the Seller is not obliged to enter into a purchase contract, esp. with people who have once substantially breached the purchase contract (including the business conditions).
3.8. The Buyer agrees with using means of distance communication when concluding the purchase contract. The Buyer's costs due to the use of means of distance communication in the context of the conclusion of the purchase contract (the Internet and phone calls costs) shall be borne by the Buyer himself.
- PRICE OF GOODS & PAYMENT TERMS
4.1. The goods price and possible costs associated with the delivery of the Seller's goods under the purchase contract may be paid by the Buyer in the following ways:
- in cash, at the Seller's premises;
- in cash, on delivery at the place specified by the Buyer in the order;
- by cashless transfer to the Seller's account (hereinafter referred to as the "Seller's account");
4.2. Along with the purchase price, the Buyer is obliged to pay to the Seller the costs of the packaging and goods delivery. Unless expressly stated otherwise, the purchase price also includes the costs associated with the goods delivery.
4.3. In the case of the cash payment or payment on delivery, the purchase price is to be paid upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 working days since concluding the purchase contract.
4.4. When paying the purchase goods price by non-cash payment, the Buyer is obliged to enter the variable symbol of the payment as well. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled if the relevant amount is credited to the Seller's account.
4.5. The Seller is entitled to demand the full purchase price even before sending the goods to the Buyer, esp. if the Buyer does not provide an additional order confirmation (Art. 3.5).
4.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.7. If it is common in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer as to payments performed acc. to the purchase contract. 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 email address.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer takes due note of the fact that acc. to the provisions of § 1837 of Act No. 89/2012 Coll., as amended (hereinafter the "Civil Code"), it is not possible to withdraw from the purchase contract for the supply of goods modified acc. to the Buyers’ wishes.
The same is valid for goods, which is subject to rapid deterioration, wear and tear, or obsolescence, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging, and from the purchase contract for the supply of newspapers, periodicals, and magazines.
5.2. If it is not a case referred to in Art. 5.1 or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract under the provisions of § 1829 par.1 of the Civil Code, within fourteen (14) days from receipt of the goods. Withdrawal from the purchase contract must be demonstrably delivered to the Seller within fourteen (14) days from receipt of the goods, to the address of the Seller's office, or the Seller's e-mail address, i.e. to firstname.lastname@example.org.
5.3. In the event of withdrawal from the contract in compliance with Art. 5.2 of the Terms and Conditions, the purchase contract will be canceled from its beginning. The goods must be returned to the Seller within ten (10) working days of sending the withdrawal from the contract to the Seller. The goods must be returned to the Seller undamaged and unworn and, if possible, in the original packaging.
5.4. Within ten (10) working days from the return of the goods by the Buyer acc. to Art. 5.3 of the Terms and Conditions, the Seller is entitled to review the returned goods, esp. to determine whether the returned goods are not damaged, worn, or partially consumed.
5.5. In the case of withdrawal from the contract under Art. 5.2 of the Terms and Conditions, the Seller will return the purchase price (excluding costs expended on the delivery of this good) to the Buyer no later than ten (10) working days from the end of the period for reviewing the goods acc. to Art. 5.4 of the Terms and Conditions, cashless to the account designated by the Buyer. The Seller is also entitled to return the purchase price in cash when returning the goods by the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer. Against the Buyer's right to a refund of the purchase price the Seller is entitled to unilaterally set off the damage compensation.
- TRANSPORTATION & GOODS DELIVERY
6.1. The method of goods delivery is determined by the Seller unless otherwise stipulated in the purchase contract. When the way of transport is agreed on the basis of the Buyer's request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If acc. to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is bound to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to demand a storage fee of CZK 3,000 (in words: three thousand Czech crowns) and is also entitled to withdraw from the purchase contract.
6.3. When for reasons on the Buyer's part it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay all additional costs due to repeated goods delivery and costs associated with another way of delivery, respectively.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the goods packaging and any defects immediately notify the carrier. In the case of a violation of the packaging, indicating unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier. By signing the delivery note, the Buyer confirms that the goods consignment met all the conditions and requirements and that any subsequent claims regarding the packaging breach of the consignment cannot be taken into consideration.
6.5. Other rights and obligations of the Parties in the goods transportation can be regulated by the Seller's delivery conditions.
- DEFECT LIABILITY, WARRANTY
7.1. The rights and obligations of the contracting Parties regarding the Seller's liability for defects, including the Seller's warranty liability, are governed by the relevant generally binding regulations (esp. by the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2. The Seller's responsibility towards the Buyer is that the sold thing is in accord with the purchase contract, esp. that it is without defects. Compliance with the purchase contract means that the sold thing:
- has the quality and use value required by the contract,
- has properties described by the Seller, manufacturer, or his representative, or expected on the basis of advertising,
- has the quality and use value, usual for a thing of the kind resp.,
- meets the requirements of legal regulations,
- is in the appropriate quantity, measure, or weight and
- corresponds to the purpose stated by the Seller for using the thing or for which the thing is usually used.
7.3. If the commodity is not in accordance with the purchase contract upon the Buyer's acceptance (hereinafter "conflict with the purchase contract"), the Buyer has the right that the Seller returns the item to the state corresponding to the purchase contract, at the request of the Buyer resp., free of charge and without undue delay - either by replacing or repairing the item.
When such a procedure is not possible, the Buyer may request an adequate discount on the item price or withdraw from the contract. This is not valid if the Buyer knew about the conflict with the purchase contract before taking over the thing or caused the conflict with the purchase contract himself. A discrepancy with the purchase contract, which shows itself within six (6) months from the date of taking over, the thing is considered to be a conflict already existing at the time of the taking over, unless it contradicts with the nature of the thing or unless proven otherwise.
7.4. When the goods are not perishable or used, the Seller is responsible for defects that appear as a conflict with the purchase contract after taking over the goods during the warranty period (guarantee).
7.5. The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, will be exercised by the Buyer at the Seller's address: Hřivínův Újezd 212, 763 07 Velký Ořechov, Czech Republic.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components making up the store website (including photos of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the store website.
8.3. The Buyer is not entitled to use mechanisms, software, or other procedures when using the store website, which could negatively affect the operation of the store website. The store website can be used only to the extent that is not to the detriment of the rights of the other Seller's customers and which is in accord with its purpose.
8.4. In relation to the Buyer, the Seller is not bound by any codices of behavior in the sense of the provision of § 1826 par. e) of the Civil Code.
8.5. The Buyer acknowledges that the Seller is not responsible for errors caused by third-party interventions into the website or as a result of using the website contrary to their purpose.
- PROTECTION OF PERSONAL DATA & SENDING OF COMMERCIAL MESSAGES
9.1. The customer's personal data protection incl. conditions for sending commercial communications, are governed by the rules stated in the document “Principles on the personal data processing”. The current version is available here.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, phone number (hereinafter collectively referred to as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations of the purchase contract and sending information and commercial communications to the Seller.
9.4. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his/her user account, when ordering from the store website) correctly and truthfully. The Buyer is obliged to inform the Seller of any change in his personal data without undue delay.
9.5. The Seller may authorize a third party to process the Buyer's personal data as a data processor. Apart from the people transporting the goods, personal data will not be passed on to third parties by the Seller without the prior Buyer's consent.
9.6. Personal data will be processed for an indefinite time. Personal data will be processed in electronic form in an automated manner or printed form in a non-automated way.
9.7. The Buyer confirms that the personal data provided are accurate and that he/she was informed that this provision of personal data is voluntary. The Buyer declares that he has been instructed that the consent to the personal data processing may revoke in relation to the Seller by a written notice delivered to the Seller's address.
9.8. When the Buyer would believe that the Seller or processor (Art. 9.5) performs the processing of his personal data, which is contrary to his/her private and personal life protection or in contrary to law, esp. if the personal data are inaccurate as to the purpose of their processing, may:
- ask the Seller or processor for an explanation,
- require the Seller or processor to remedy the situation thus created. In particular, it may be blocking, correcting, supplementing, or disposing of personal data. If the Buyer's request is found to be justified acc. to the sentence above, the Seller or processor will immediately remove the defective state. When the Seller or processor does not comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer's right to contact the Office for Personal Data Protection in this matter directly.
9.9. If the Buyer requests information about the processing of his personal data, the Seller must do so. The Seller has the right to demand a reasonable payment for the provision of information acc. to the previous sentence, not exceeding the costs necessary for the provision of information.
9.10. The Buyer agrees to the sending of information related to the Seller's goods, services, or business to the Buyer's electronic address. The Buyer further agrees to sending commercial communications by the Seller to his/her electronic address.
- SENDING COMMERCIAL MESSAGES & STORING COOKIES
11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person, or by registered mail through the post office operator (after the sender's option). The electronic correspondence will be delivered to the Buyer's e-mail address specified in his user account.
11.2. The message is considered as delivered in the case of:
delivery by electronic mail at the time of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,
delivery in person or through a postal service provider by taking over the consignment by the addressee,
delivery in person or through a postal service provider, also by refusing to accept the sending, if the addressee (or the person authorized to accept the sending instead of him) refuses to accept the sending,
delivery via the postal service provider after ten (10) working days from the deposit of the sending and asking the addressee to take over the deposited item, if the item is deposited in place at the postal service provider, even if the addressee did not learn about the deposit.
- FINAL PROVISIONS
12.1. If the relationship related to the website use or the legal relationship established by the purchase contract contains an international (foreign) element, then the Parties agree that the relationship will be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. The Seller is entitled to sell goods based on a trade license and the Seller's activity is not subject to any other permit. Checking the trade license is performed within the scope of its competence by the competent Trades Licensing Office.
12.3. When any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one of the provisions shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business terms and conditions require a written form.
12.4. The purchase contract, including business terms and conditions, is archived by the Seller in electronic form and is not accessible.
In Hřivínov Újezd, Czech Republic, on May 25, 2018