Trade terms
trading company: AGLIA s.r.o.
company headquarters: Husova 696, 33401 Přeštice
identification number: 29159741
entered in the Commercial Register kept at the Regional Court in Pilsen, section C, insertion 27752
for the sale of goods through an online store located at an internet address www.aglia.eu
1. Introductory provisions
1.1. These business conditions (hereinafter referred to as "business conditions") of AGLIA s.r.o. , with its registered office at Husova 696, 33401 Přeštice, identification number: 29159741, entered in the Commercial Register kept at the Regional Court in Pilsen, Section C, Insert 27752, hereinafter referred to as the "seller") in accordance with the provisions of § 1751 para. 89/2012 Coll., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person ( hereinafter referred to as the "Buyer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence 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 English. The purchase contract can be concluded in English.
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 version of the terms and conditions.
2. 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"). At the same time, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged 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.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account longer than XXX, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).
2.6. Kupující bere na vědomí, že uživatelský účet nemusí být dostupný nepřetržitě, a to zejména s ohledem na nutnou údržbu hardwarového a softwarového vybavení prodávajícího, popř. nutnou údržbu hardwarového a softwarového vybavení třetích osob.
3. Conclusion of the purchase contract
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. 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:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in 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 "Send order" button. The data listed in the order they are deemed correct by the seller. Immediately 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 account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order;
- cashless transfer to the seller's account
- cashless through the ComGate payment system
- cashless payment card;
4.2. Together with the purchase price, the buyer is obliged to pay the seller such costs associated with the packaging and delivery of goods in the contractual amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the seller's account.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
4.9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that according to the Civil Code it is not possible to withdraw, inter alia, from the purchase contract for the supply of goods that have been modified at the request of the buyer or for him, from the purchase contract for the supply of perishable goods, as well as goods was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of audio or video recordings or computer program if he violated their original cover.
5.2. If this is not the case referred to in Art. 5.1 of the business conditions or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the Civil Code, within fourteen (14) days of receipt of the goods. there are several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's registered office or to the seller's e-mail address.
5.3. In case of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4. In case of withdrawal from the purchase contract according to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract loses its effect on such a gift and the buyer is obliged to return the gift.
Withdrawal of the consumer from the purchase contract
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the ordered goods are in stock, the seller will dispatch them within 3 working days from the day when the order was confirmed by the seller to the buyer. Goods that are not in stock will not be the subject of the order, unless the seller and the buyer agree on an alternative delivery date.
6.2. If the buyer and the seller so agree, the seller will ensure the transport of the goods to the place agreed in the purchase contract, by own transport or through an external carrier. The place of performance then means the delivery address, which the buyer states in the order, while the buyer is obliged to ensure the receipt of the goods at the place of performance and the access road. In the event of his absence at the address specified in the purchase contract at the contractual date of delivery of the goods, the buyer is obliged to provide a person to take over the goods, who will pay the driver the purchase price of the goods. For correct delivery, it is necessary to enter the telephone number in the order, where the buyer can be reached.
6.3 The value of goods that are not in stock and cannot be delivered is not included in the value of the order. The actual realized value of the order is decisive for determining to which category the order belongs.
6.4. When taking over the consignment, the buyer is obliged to check the preservation and integrity of the consignment packaging in the presence of the driver. If damage to the package of the consignment is found during the sale of the goods, the buyer is obliged to write a report on the damage with the driver and not to accept the consignment. On the same day, the buyer is obliged to demonstrably inform the seller and state the reason for which he did not take over the delivered goods. The seller will then choose the appropriate procedure and make efforts to deliver the new shipment in a timely manner. In the event of non-compliance with the procedure stated here, the buyer does not have a right due to defects in the goods arising during its transport, whether quantitative or qualitative.
6.5. The day of delivery is considered to be the day of taking over the goods by the buyer or paying the full purchase price, or the day of selling the goods to the carrier for transport, in case of conflict of the above dates the day that occurred earlier.
6.6. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.7. In the event that due to the reason on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than would be specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.8. Other rights and obligations of the parties in the transport of goods may be regulated by special delivery conditions of the seller, if they are issued by the seller.
7. ERRORS FROM ERROR PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to the rights arising from incorrect performance are governed by the relevant generally binding legal regulations
7.2. The seller responds to the buyer that the goods are not defective upon receipt. In particular, the seller responds to the buyer that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or manufacturer, having regard to the nature of the goods and the advertising they show,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond to the quality or design of the contractual sample or model, if the quality or design was determined according to the contractual sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the required legal regulations.
7.3. The provision referred to in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by its normal use, for defective goods corresponding to the degree of use or wear and tear that the goods had when taken over by by its nature.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
7.5. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Complaints for non-compliance with quality when taking over a product defect
Exercising the right from defective performance (complaint-104698)
8. 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. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3. The handling of consumer complaints is provided by the seller via the electronic address info@aglia.eu. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
8.4.The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz, is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell goods on the basis of 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 also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9 Protection of personal data
9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the public law obligations of the seller.
10. Sending business messages and storing cookies
10.1. In accordance with the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to send commercial communications by the Seller to an electronic address. or to the telephone number of the buyer. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
11. Záverečná ustanovení
11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. If 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 provision shall not affect the validity of the other provisions.
11.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
11.4. Contact details of the seller:
delivery address: Husova 696, 33401 Přeštice
e-mail address: info@aglia.cz
phone: 739 301 586
These business conditions are effective from 01.01.2021