GENERAL TERMS AND CONDITIONS
OF THE SGM-arm s.r.o. TRADE COMPANY
These General Terms and Conditions (hereinafter just the "Terms and Conditions") of SGM-arm s.r.o, based at Praha 5, Kovářova 2586/1b, Postal Code 155 00, Identification Number: 28425456 (hereinafter just the "Seller") regulate the mutual rights and obligations of the Contracting Parties during the conclusion of a purchase contract between the Seller and any other natural or legal person (hereinafter just the "Purchaser") through the Internet Store (hereinafter just the "Internet Store"), located at http://www.latkymarija.cz (hereinafter just the "Website").
These Terms and Conditions do not apply to cases where a person that intends to purchase the merchandise from the Seller is ordering the goods in the course of their business - these business cases are governed by the general statutory provisions for a purchase contract, contained in the Act No. 89/2012 Coll., of the Civil Code, as amended (hereinafter the "Civil Code").
Displaying the merchandise on the Website is not to be considered as an offer within the meaning of § 1732 Art. 2 of the Civil Code.
Based on the registration of the Purchaser, made through the Website (hereinafter just the "Registration"), the Purchaser can access his/her user interface. From the user interface, the Purchaser can order the merchandise (hereinafter just the "User Account").
The Purchaser can also order the merchandise without any registration - directly on the Website of the store. In this case the Seller will randomly generate username and password and send it to the e-mail address provided in the merchandise order.
An access to the User Account is secured by the user name and password. The Purchaser is obliged to maintain confidentiality regarding the information necessary to access the User Account and vigilance regarding the storage of such information. The Purchaser is obliged to use the User Account personally and may not allow the use of the User Account to third parties.
When ordering the merchandise, the Purchaser is obliged to provide correct and true information. The Purchaser is obliged to update the information listed within the User Account anytime it changes. The information stated by the Purchaser when ordering the merchandise is considered by the Seller to be correct.
ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
The Internet Store contains a list of merchandise offered by the Seller for sale, including the prices of the individual merchandise. The prices of the ordered merchandise include VAT. The offer for the sale of the merchandise and the merchandise prices remain in force as long as they are displayed within the Website interface of the Internet Store. All offers for the sale of the merchandise listed within the Website interface of the Internet Store are non-binding and the Seller is not obliged to conclude a purchase agreement for this merchandise. The information on the costs associated with the delivery of the merchandise is listed within the Website interface of the Internet Store.
To order the merchandise, the Purchaser must insert the merchandise into the shopping bag and follow the instruction provided during the purchasing process. The Purchaser fills out an order form, which contains mainly the information on the possibility of logging of an existing customer and the shipping information for the Purchaser.
After the confirmation of the information in the order form, the Purchaser will be asked to specify the payment method of the purchase price.
After confirming the payment method of the purchase price, before sending the order to the Seller, the Purchaser may check and modify the information entered in the order by the Purchaser, making it possible for the Purchaser to detect and correct any errors that could have been entered in the order (hereinafter collectively just the "Order").
The Purchaser will send the Order to the Seller by clicking on the "Order" button. The information specified in the Order is considered by the Seller to be correct. Immediately upon receiving the Order, the Seller shall confirm receiving the Order to the Purchaser over the e-mail sent to the e-mail address stated in the Order (hereinafter just the "Purchaser's E-mail Address).The contractual relationship between the Seller and the Purchaser is concluded by the delivery of the order acceptance, which is sent to the Purchaser by e-mail to the Purchaser's E-mail Address.
The Purchaser agrees with the use of remote communication means during the conclusion of the purchase contract. The costs incurred by the Purchaser when using the remote communication means in connection with the conclusion of the purchase contract (cost of the Internet connection, telephone costs) are borne by the Purchaser.
PRICE OF THE MERCHANDISE, PAYMENT AND DELIVERY TERMS
The price of the merchandise and any costs associated with the delivery of the merchandise can be paid by the Seller in accordance with the method of payment stated by the Seller on the Website. Along with the purchase price, the Purchaser shall also pay the costs associated with the merchandise delivery.
In case of a cashless payment, the purchase price is due within 5 days from the conclusion of the purchase contract. In case of a cashless payment, the Purchaser is obliged to pay the purchase price, along with stating the variable symbol of the payment. In case of a cashless payment the Purchaser's obligation to pay the purchase price is fulfilled at the time the appropriate amount is credited to the Seller's account.
Possible discounts from the price of the merchandise, provided by the Seller to the Purchaser, cannot be combined.
The merchandise is delivered by express parcel services. The price, delivery dates, and the conditions of the delivery of the merchandise are listed on the Seller's Website.
When accepting the merchandise from the carrier, the Purchaser is obliged to check integrity of the merchandise packaging, and in case of any defects immediately notify the carrier. In case of discovering any damage of the package, indicative of unauthorized intrusion into the package, the Purchaser doesn’t have to accept the package from the carrier. By signing the delivery note, the Purchaser confirms that the shipment of the merchandise meets all terms and conditions and any further claims of damaged packaging of the shipment shall be disregarded.
WITHDRAWAL FROM THE PURCHASE CONTRACT
The Purchaser acknowledges that pursuant to § 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a purchase contract for the supply of the merchandise customized according to the request of the Purchaser.
If it is not the case listed under the Art. 5.1. or another case where it is not possible to withdraw from the purchase contract, then, in accordance with § 1829, Art. 1 of the Civil Code, the Purchaser has the right to withdraw from the purchase contract within fourteen (14) days from receipt of the merchandise. The Purchaser can send the withdrawal notice to the address of the Seller's place of business or to the Seller's e-mail address. For the withdrawal from the purchase contract, the Purchaser can also use the form provided by the Seller, annexed to these Terms and Conditions. form
In case of withdrawal pursuant to art. 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The merchandise must be returned to the Seller within ten (10) days from the day the withdrawal was sent to the Seller. The merchandise must be returned to the Seller in undamaged condition and, if possible, in the original packaging.
Within ten (10) days from the return of the merchandise by the Purchaser pursuant to Art. 5.3 of the Terms and Conditions, the Seller is entitled to examine the returned merchandise, in particular in order to determine whether the returned merchandise is not damaged or worn.
In case of withdrawal pursuant to Art. 5.2 of the Terms and Conditions, the costs related to the return of the merchandise shall be borne by the Purchaser.
In case of withdrawal pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the purchase price by a bank transfer to the account designated by the Purchaser, not later than within (10) days from the return of the merchandise. However, the Seller is not obliged to return the received funds to the Purchaser before receiving the merchandise from the Purchaser.
The Purchaser acknowledges that if the merchandise returned by the Purchaser is damaged, worn, or partially consumed, the Seller becomes entitled to compensation from the Purchaser for the damages suffered. The Seller is entitled to unilaterally offset the compensation for the damage suffered against the Purchaser's claim for the refund of the purchase price, or to return the merchandise to the Purchaser.
RESPONSIBILITY FOR DEFECTS, WARRANTY
The rights and obligations of the Contracting Parties regarding the liability of the Seller for defects, including the warranty liability of the Seller, shall be governed by the relevant legislation (in particular by the provisions of § 2158 et seq. of the Civil Code).
The Seller is responsible to the Purchaser for the fact that the sold item is in conformity with the purchase contract, particularly that it is free from any defects. The conformity with the purchase contract means that the sold item has the quality and properties required by the purchase contract, described by the Seller, or expected on the basis of the Seller’s ads, or the quality and properties usual for such item, that it meets the statutory requirements, it is in the appropriate quantity, volume, or weight, and that corresponds to the purpose stated by the Seller or the purpose for which such item is normally used.
The Seller provides warranty for the merchandise in the duration of 12 months, unless the merchandise or the warranty card states otherwise. The warranty period starts from the handover of the merchandise to the Purchaser; if the merchandise was shipped according to the purchase contract, it runs from the delivery of the merchandise to the place of performance. The warranty period shall be suspended from the time the complaint is filed until the time the Purchaser was obliged to accept the merchandise after the complaint has been processed. If the result of the complaint procedure is replacement of the claimed product, the warranty period starts over again from the receipt of the new merchandise. In case of replacement of a defective part, the new warranty period applies only to the replaced part of the merchandise.
The complaint must be filed immediately after the defect is discovered. Any delay and continued use of the merchandise can cause worsening of the defects, damage to the merchandise, and it can result in rejection of the complaint.
Every complaint must be accompanied by a document certifying the receipt of the merchandise or a warranty card, if issued, the actual merchandise in a complete state, cleaned, free from all impurities and hygienically safe and the claimed defect of the merchandise must be marked. The Seller is entitled to refuse to accept the merchandise for the complaint procedure if the above listed rules are not followed.
The Purchaser shall exercise the complaint by sending the merchandise to the Seller's address. Furthermore, the Purchaser must specify how the defect manifests itself and mark his choice of the rights for the liability for defects he exercises.
If the defective performance constitutes a substantial breach of the contract, the Purchaser is entitled to:
a) removal of the defect by delivering new merchandise, free of defects or delivery of any missing item,
b) removal of the defect by repairing the defect,
c) a reasonable discount from the purchase price, or
d) withdraw from the contract.
The Purchaser shall notify the Seller about his choice of the right exercised, when reporting the defects or without any undue delay after reporting the defect. If the Purchaser does not choose the right in time, the Purchaser shall have the rights as in the case of unsubstantial breach of contract in accordance with § 2107 of the Civil Code.
If the defective performance constitutes an unsubstantial breach of the contract, the Purchaser has the right for removal of the defect or a reasonable discount from the purchase price.
In case of exercising the right for removal of the defect by repairing the item, the Purchaser has the right to have the defect removed timely and for free. The Seller is obliged to remove the defect without any undue delay, but in any case no later than 30 calendar days from the date of the complaint. Removable defects are such defects that can be removed by repairing the item without compromising the look, functionality, and quality of the product.
Change (properties) of the merchandise occurring during the warranty period due to its wear and tear, misuse, inadequate or improper maintenance, natural variations in the material of which the merchandise is made, or due to any damage caused by external or another improper intervention of the Purchaser or a third party are not considered as defect of the merchandise.
PERSONAL DATA PROTECTION AND SENDING OF BUSINESS COMMUNICATION
Personal data protection of the Purchaser who is a natural person is provided by the Act No. 101/2000 Coll., on Personal Data Protection, as amended. The Purchaser agrees with processing of the following personal data: title, first and last name, address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "Personal Data").
The Purchaser agrees with processing of the Personal Data by the Seller for the purpose of implementation of the rights and obligations arising from the purchase contract and for the purpose of sending information and commercial messages to the Seller.
The Seller may appoint a third party as a processor authorized to process the Personal Data of the Purchaser. Except for transportation companies and direct suppliers, the Personal Data will not be disclosed to any third parties without the prior consent of the Purchaser.
The Personal Data shall be processed for an indefinite period. The Personal Data will be processed electronically in an automated manner or in a printed form by a non-automated manner.
The Purchaser confirms that the Personal Data is accurate and that he was advised that providing the Personal Data is voluntary. The Purchaser claims he was instructed that he is entitled to revoke his consent to the processing of the Personal Data in relation to the Seller by a written notice delivered to the Seller's address.
The Purchaser agrees that the Seller may send information related to merchandise, services, or the company of the Seller to the Purchaser's email address and also agrees that the Seller may send commercial messages to the Purchaser's email address.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Purchaser acquires ownership of the merchandise by paying the entire purchase price.
The Purchaser is obliged to choose the merchandise so that the selected type and size of the products meet the needs of the Purchaser. Prior purchasing the merchandise, the Purchaser shall take into account the purpose of its use, design, material composition, and method of treating the merchandise.
If the way of use of the merchandise is specified in the manual, the Purchaser is obliged to read such manual carefully before using the merchandise and to follow it.
The Purchaser acknowledges that the software and other content of the Website interface of the Internet store (including photographs of the offered merchandise) are protected by copyright. The Purchaser agrees not to engage in any activity that could allow the Purchaser or any third persons to unlawfully interfere with or use the software or other content of the Website interface of the Internet Store.
When using the Website interface of the Internet Store, the Purchaser is not entitled to use any mechanisms, software, or other procedures that could adversely affect the operation of the Website interface of the Internet Store. The Website interface of the Internet Store can be used only to the extent that it is not at the expense of the rights of other customers of the Seller and which is consistent with its purpose.
In relation to the Purchaser, the Seller is not bound by any codes of conduct within the meaning of § 1826 Art.1 point. e) of the Civil Code.
The Purchaser acknowledges that the Seller shall not be liable for any errors caused by interference of third parties to the Website or any errors arising from the use of the Website contrary to its intention.
Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by electronic mail, in person, or by postal service (as per the sender's selection). The Purchaser shall have the correspondence delivered to the email address specified in the order.
The content of the Terms and Conditions may be amended by the Seller; the current version of the Terms and Conditions is always placed on the Website. This provision shall not affect the rights and obligations incepted during the effective period of the previous version of the Terms and Condition.
In case the relationship related to the use of the Website or the legal relationship based on the purchase agreement includes an international (foreign) element, then the Contracting Parties agree that the relationship shall be governed by Czech law. This does not affect the consumers' rights resulting from generally binding legislation.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall be used in its place. Invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase agreement or to the Terms and Conditions require a written form.
The purchase contract including the Terms and Conditions is archived by the Seller in an electronic form and it is not accessible.
The supervision over the compliance with the obligations under the Act No. 634/1992 Coll., on Consumer Protection, as amended, is performed by the Czech Trade Inspection. In accordance with § 14 of the Act No. 634/1992 Coll., on Consumer Protection, as amended, the Seller hereby informs that the Czech Trade Inspection is an entity entitled to extrajudicial settlement between the Seller and the Purchaser, as a consumer. The Purchaser can find further information on the website of the Czech Trade Inspection http://www.coi.cz/.
These Terms and Conditions are valid from 1st July 2016.