TERMS AND CONDITIONS

These Terms and Conditions apply to the purchase of online shops operated by VYKOM s.r.o. (http://www.vykom.cz/eshop) with effect from 1^st January 2014.

The Business Terms and Conditions further define and specify the rights and obligations of the seller (entrepreneur, supplier) that is a trading company VYKOM s.r.o., registered office at Kumburský Újezd 104, 509 01 Nová Paka, ID: 25281526, registered in the Commercial Register in Section C, the court in Hradec Králové, and the buyer (customer, consumer).

All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the consumer is a party to the contract the relations explicitly not governed by the business conditions are governed by the Act No. 89/2012 Coll., The Civil Code and the Act No. 634/1992 Coll., On Consumer Protection, as amended. If the consumer is not a party to the contract legal relations not governed by the business conditions are also governed by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as "CC").

 

Definitions

Consumer contract is a contract that a consumer concludes with an entrepreneur. All communications to the consumer the entrepreneur must make a clear and comprehensible manner in the language in which the contract is concluded.

The seller is a company VYKOM s.r.o., registered office at Kumburský Újezd 104, 509 01 Nová Paka, ID: 25281526, registered in the Commercial Register, Section C, File No. 12567 at the Regional Court in Hradec Kralove, as a legal person, who at the conclusion of the contract is in the course of their business or other business activity. It is an entrepreneur who delivers products or services to the buyer directly or through other entrepreneurs.

The entrepreneur is pursuant to the provisions. § 420 par. 1 CC person who independently carries out on its own account and responsibility gainful employment trade or similar means with the intention to do so consistently for profit.

The customer of online store is a buyer. In view of the current legislation a buyer who is a consumer and a buyer who is not a consumer is distinguished.

Buyer consumer (the “consumer”) is a natural person who at the conclusion of the contract is not in the course of its business or as part of a separate exercise of his profession, the consumer is in accordance with the provisions. § 419 CC everyone who outside his entrepreneurial activity or outside the scope of the independent exercise of his profession, concludes a contract with, or otherwise deals with, the entrepreneur.

The buyer that is not a consumer is the entrepreneur who buys goods or services used for the purposes of their business with these products or services. Any person who concludes contracts related to his own business, production or similar activity or in the independent exercise of his profession, or a person acting in the name or on behalf of the entrepreneur, is also considered to be non consumer entrepreneur.

Purchase contract

If the buyer is a consumer, the proposal for the conclusion of the purchase contract, ie the offer, is not the placement of the offered goods by the seller (entrepreneur, supplier) on the website since this is only informative. The contract for the conclusion of the contract is the sending of an order by the buyer when the purchase agreement is established only after the order has been received by the supplier, the contractual relation between the buyer and the seller arises from the moment of receipt of the acceptance of the order (accepting), which is sent to the buyer by e-mail to the buyer's e-mail address. The resulting contract (including the agreed price) may be altered or canceled only by agreement of the parties or for legal reasons. Section 1732 (2) CC does not apply.

The supplier expressly states that prior to submitting the order, using electronic means, that the consumer is allowed to check and modify the input data entered in the order in accordance with § 1826 (3) CC, also in view of the buyer's ability to identify and correct the errors entering data into the order before sending it. The details given in the order are considered correct by the seller.

If the buyer is not a consumer, the proposal for the conclusion of the purchase contract is the order sent by the buyer to the buyer and the purchase contract itself is concluded at the moment of delivery of the binding agreement of the seller to the buyer with this proposal.

By signing the purchase agreement, the buyer confirms that he has become familiar with these terms and conditions and agrees with them. The buyer is notified of these Terms and Conditions and has the opportunity to get acquainted with them in sufficient detail before making the order.

Buyer acquires the right to ownership of the goods up to the payment of the purchase price and the seller hereby reserves the right of ownership under § 2132 CC. However, the risk of damage to the item is passed on to the buyer by its takeover.

The seller reserves the right to cancel the order or part of it before the purchase agreement is concluded on the basis of an agreement with the buyer in the following cases: the goods are no longer produced, delivered or the price of the goods supplier has changed significantly. If the buyer has already paid the purchase price or part of it, this amount will be transferred back to his account or address and the contract will not be concluded.

Goods that are provided free of charge as gifts by the mutual agreement of the parties cannot be invoked by any consumer's rights when the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the contract, with respect to such a gift of efficiency and the buyer is obliged to return the given gift together with the goods to the seller.

In the event that the seller delivers something to the buyer without an order and the buyer, as the consumer of the holding, treats him as a fair holder. In this case, the buyer does not have the obligation to return to or return to the seller the goods delivered at his own expense.

 

Contradiction with the Purchase Agreement

Seller in accordance with Section 2161 CC is responsible to the buyer for the fact that the item has no defects when takeover. In particular the seller is liable to the buyer that at the time the buyer took over the item:

• The goods have properties negotiated by the parties and, in the absence of an arrangement, such properties as the seller or the manufacturer has described or which the purchaser expects with regard to the nature of the goods and the advertising they make.
• The goods are suitable for the purpose which the seller indicates or to which the thing of its kind is usually used.
• The goods correspond to the quality or performance of the agreed sample or masterpiece if the quality or design was determined according to the agreed sample or original.
• The goods are in the appropriate quantity, degree or weight.
• The goods comply with legal requirements.

If the property does not have the above properties, the buyer may also require the delivery of a new item without defects if this is not disproportionate due to the nature of the defect, but if the defect only affects the part of the item, the buyer may only require replacement parts; if this is not possible, it can withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to a free removal of the defect. The right of delivery of a new item or replacement of the part has a buyer even if a defect can be remedied if the item cannot be properly used for repeated defects after repair or for more defects. In that case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, it may require a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new thing without defects, replace its part or repair the item as well as if the seller fails to remedy the remedy within a reasonable time or that the remedy for the remedy would cause considerable difficulties to the consumer.

The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the goods that the goods were defective or if the buyer caused the defect himself.

The consumer is entitled to exercise the right to a defect that occurs on consumer goods within 24 months of the takeover. If a defect occurs within 6 months of the takeover, it is assumed that the matter was defective already at takeover.

Prices

All valid current prices listed on the seller's website are in the final amount, ie including VAT, any other taxes and fees that the consumer has to pay to acquire the goods remain valid for as long as they are displayed on the Seller's website. This does not apply to any shipping charges, etc., when the information regarding the costs associated with the packing and delivery of goods is stated on the seller's website and is valid when the goods are delivered to the territory of the Czech Republic. The buyer is obliged to pay the costs associated with the delivery and packaging of the goods to the seller at the agreed rate. This provision is without prejudice to the seller's right to enter into a purchase contract under individually determined conditions.

The promotional prices are valid until the stock is sold out, when the number of pieces of the stock or the time of the sale is specified.

If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.

The purchaser may pay the buyer in cash at the seller's place of business and any costs associated with the delivery of goods under the Purchase Agreement, by cash on delivery at the buyer's place of purchase in the order, by bank transfer to the Seller's account stated on the order confirmation or consumer credit. All of the above payment methods are accepted by the seller and one of them is chosen by the buyer.

Orders

Buyer will be supplied with the goods at the price valid at the time of his order, respectively at the price valid at the time of conclusion of the contract. The buyer, as a consumer, has the opportunity to acquaint himself with the total price, including VAT and all other fees, before making the order. This price will be stated in the order and in the confirmation message of receipt of the order of the goods. The consumer is also able to know before the order is made how long the offer or price remains valid.

You can order goods in the following ways:

• via an online store
• personally at the seller's premises
• by phone

The orders are ranked by the seller according to the date of their receipt. Delivery of the goods takes place over a period of 1 to 6 weeks. The buyer will be informed of the delivery date in advance in the agreed manner.

Photos are informative only and individual shades may vary according to the individual settings of the monitor.

Complaint

The rights and obligations of contractors regarding defective performance are governed by applicable generally binding regulations (in particular, Articles 1914 to 1925, 2099 to 2117 and 2161 to 2174 CC).

The matter is defective if it does not have the features listed in § 2095 and § 2096 CC. A defect is also considered to be the fulfilment of another matter and a defect in the documents necessary for the use of the thing.

Rights to defective performance create a defect that is inherent in the passing of the risk of damage to the buyer, even if it will only occur later. The buyer's right to defective performance will create a later defect that the seller has caused in breach of his duty. The buyer is obliged to see the thing as soon as possible after the risk of damage to the item has passed and to see its properties and quantities, and the risk of damage to the thing passes to the buyer by taking over the item. If the buyer finds damage to the goods, he shall immediately make a record of the defects found. Later claims of mechanical defects will be disregarded. If the buyer fails to notify the buyer of the defect in good time, he will lose the right to withdraw from the contract.

If the defective performance is a substantial breach of contract, the buyer has the right to remove the defect by delivering a new item without defect or by delivering the missing item, repairing the defect, making a reasonable discount on the purchase price, or withdrawing from the contract. If the defective performance is an irrelevant breach of contract, the buyer has the right to remove the defect or to a reasonable discount on the purchase price.  Section 2108 CC relating to the non-payment of part of the purchase price corresponding to an estimate determined by the appropriate right to discount shall not apply when the buyer is obliged to pay the seller the full purchase price.

The rights of the purchaser exercises defective performance by the seller, in which the case was purchased, that at his facility, which is possible taking into account the assortment of goods sold, or at the headquarters of the seller or via e-mail address of the seller obchod@vykom.cz. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.

All delivered goods are subject to warranty according to the warranty terms and deadlines specified in the warranty card or invoice invoice. The buyer is entitled to claim the right to a defect that occurs on consumer goods within 24 months of receipt of the goods.

If the consumer exercises the right of defective performance, the other party confirms the written form in which he has exercised the right, as well as the repair and the duration of the repair, ie the content of the claim and the manner in which the claim is settled by the buyer. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days after the date of the claim, unless the parties agree for a longer period. In the event of a claim being rejected, the Buyer shall provide the purchaser with a written explanation of this refusal.

The deadline for settling complaints is suspended if the seller has not received all the documents needed to handle the claim (part of the goods, other documents, etc.). The seller is required to request the addition of the materials from the buyer in the shortest possible time. The time limit is suspended from this date until the buyer has provided the requested documents.

All purchased goods are subject to the assembly authorized trained service technician. The seller of the buyer expressly pointed out that the right to apply for defects does not apply to defects caused by improper installation.

Consumer's right to withdraw from the contract

If the purchase contract is concluded by means of distance communication (in the online shop), the consumer has the right, in accordance with § 1829, paragraph 1, of the CP without giving any reason to withdraw from the contract within 14 days of receipt of the goods (if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of the last delivery of the goods). The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence.

If the consumer wishes to withdraw from the contract in accordance with the previous paragraph within 14 days, he / she will contact the seller and will preferably state in writing that he / she will withdraw from the contract, ideally with the order number, purchase dates and money account number.

To withdraw from the contract, the consumer may also use the model form provided by the seller, annexed to these terms and conditions. Withdrawal from the sales contract may be sent by the consumer, inter alia, to the address of the seller's premises or to the seller's e-mail address.

In the event that buyers withdraw from the contract in accordance with the preceding paragraphs, the seller shall return the money received from the buyer (except for the additional cost of delivering goods resulting from buyers of the chosen delivery method which is different from the least expensive standard delivery of goods offered by the seller) 14 days after the buyer withdraws from the purchase agreement in the same manner as the seller has accepted from the buyer unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer upon return of the goods or otherwise, provided that the buyer agrees to do so without incurring 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 shows that the goods have been dispatched to the seller.

However, the provisions of the law of withdrawal within the 14-day period cannot be understood as the possibility of free-of-charge lending. In the event that the consumer has the right to withdraw from the contract within 14 days of the receipt of the transaction, the consumer must, within 14 days of the withdrawal, deliver everything he or she has obtained on the basis of the purchase contract and the contract is canceled from the outset. If this is no longer possible (for example, in the meantime, the goods have been destroyed or consumed), the consumer must provide a cash refund in return for what cannot be issued. If the returned goods are only partially damaged, the seller may claim a claim for damages on the consumer and set off his claim on the returned purchase price. In such a case, the seller is obliged to prove the damage. In this case, the seller returns only the reduced purchase price.

At the purchase price to be returned to the buyer, the seller may offset his actual costs of returning the goods.

Upon receipt of the goods by the buyer, the seller has the right to withdraw from the sales contract at any time. In such a case, the seller shall return the purchase price without undue delay to the buyer, by bank transfer to the buyer's bank account.

The right to withdraw from the contract in accordance with Section 1837 of the Consumer Code does not, in particular, in the case of contracts:

• The provision of services if they were fulfilled with his prior explicit consent before the expiration of the withdrawal period and the entrepreneur had informed the consumer before concluding the contract that in such a case he would not have the right to withdraw from the contract.
• The supply of goods or services, the price of which depends on financial market disparities, irrespective of the will of the trader, and which may occur during the withdrawal period.
• The supply of alcoholic beverages, which can only be delivered after thirty days, and whose price depends on financial market displacements independent of the will of the entrepreneur.
• The delivery of the goods, which has been adjusted according to the wishes of the consumer or his / her person.
• The delivery of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery.
• Repair or maintenance carried out at a place designated by the consumer at his request; this does not apply in the case of subsequent repairs other than repairs requested or delivery of spare parts other than those requested.
• The delivery of goods in closed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons.
• The delivery of an audio or video recording or a computer program if it violated their original packaging.
• The delivery of newspapers, periodicals or magazines.
• Accommodation, transportation, meals or leisure time if the entrepreneur provides these services within a specified time.
• Concluded on the basis of a public auction under the law governing public auctions.
• The delivery of digital content, if it was not supplied on a physical medium and was supplied with the consumer's prior express consent before the expiration of the withdrawal period, and the entrepreneur informed the consumer, before concluding the contract, that he had no right to withdraw from the contract in such a case.

Seller reserves the right to cancel the order for goods labeled "Not Currently Available" if the goods can no longer be supplied or replaced with other goods or if the price has changed significantly and the customer does not accept this before the purchase contract is actually accepted. The vendor informs the customer about this situation. If a part or whole order has been paid, the buyer will be returned to the buyer's account.

Protection of personal data

Customer information is maintained in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as subsequently amended and supplemented. The Buyer agrees to process and collect their personal data in the seller's database even after the successful fulfilment of the contract, until such time as it is in writing to disagree with this processing. Personal data are processed for an indefinite period of time and can be removed based on a written request from the customer. Customer's personal data is fully secured against misuse.

The Buyer acknowledges that he is required to present his or her personal information correctly and truthfully and that he is obliged to inform the seller of any change in his or her personal information without undue delay.

Seller is authorized to process personal data to another person as processor. The processed personal data are stored only for the needs of the seller and will not be conveyed to third parties without the consent of the buyer, with the exception of persons carrying out the transport of goods by which the personal data of the buyer are handed over to the minimum extent necessary for the delivery of the goods.

The buyer has the right of access to his or her personal data and the right to correct them, including other legal rights to such data. If the buyer requests information on the processing of his or her personal data, the seller is required to pass on this information. Seller has the right to provide information under the preceding clause to request reasonable compensation not exceeding the costs necessary to provide the information.

Individual contracts are archived after they have been closed by the operator in electronic form and are only accessible to the business operator.

Transport

Most of the goods are shipped in the assembled condition. The normal delivery time is listed in the order paragraph. The seller provides the transportation through contractual logistics services under the following conditions.

All requests for payment are received by the buyer at the e-mail address by phone or email order. The place of delivery is the address indicated by the buyer in the order of the goods.

Payment can be made in three ways:

- transfer of funds to the seller's account (items a, b, c)

- a payment gateway - a credit card from the Czech Republic and abroad (point d)

- cash on delivery (point e)

- personal takeover of goods (point f).

a) payment by transfer to an account with a place of delivery in the Czech Republic

for payment within the Czech Republic, account number:

107-6479870207/0100; Komerční banka a.s.

SWIFT: KOMBCZPP

IBAN: CZ3801000001076479870207

the variable symbol is the order number

b) payment by transfer to an account with place of delivery in the Slovak Republic

for payment in EUR upon delivery to Slovakia, account number:

       115-4116430297/0100; Komerční banka a.s.

       SWIFT: KOMBCZPP

       IBAN: CZ4801000001154116430297

       the variable symbol is the order number

The amount of reimbursement converted into EUR will be sent to the seller upon subscription to the buyer's email address. The exchange rate for the EUR is based on the CNB daily rate.

c) payment by transfer to an account with a place of delivery in other States

Shipping is determined by the weight of the package and the country of delivery. We are preparing the payment terms, we can now individually agree on the goods. Contact us via our phone number or email.

d) payment gateway - payment card from the Czech Republic and from abroad (point d)

Payment is made through the payment gateway to the seller's website. Detailed conditions include a separate payment gateway, including payment instructions.

e) cash on delivery, valid only for the territory of the Czech Republic and the Slovak Republic

The buyer will pay for the delivery service when picking up the shipment.

f) personal takeover of the goods at the seller's registered office

The buyer can use the free pick up of the ordered goods free of charge at the seller's headquarters, by prior telephone or e-mail arrangement.

If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If the buyer does not take the goods for any reason on his side, he / she will bear the costs of repeated deliveries.

Upon receipt of the goods, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier of this in turn. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take over from the Goods Carrier.

Cost of using remotely communication means

The cost of using telecommunications remotely (telephone, internet, etc.) for the execution of the order is in the normal amount, depending on the tariff of the telecommunication services used by the buyer and does not differ from the basic rate.

The buyer agrees to use the means of communication remotely when concluding the purchase contract, with the purchaser paying for himself the costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (cost of internet connection, telephone call costs, etc.).

Learning the consumer

In the event that a consumer dispute arises between a seller and a consumer from a sales contract or a service contract that cannot be settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to a designated extrajudicial dispute resolution body, which is

the Czech trade inspection

Central Inspectorate - ADR Unit

Štěpánská 15

120 00 Praha 2

Email:adr@coi.cz 
Web: adr.coi.cz

Consumers can also use the platform for online dispute settlement, which is established by the European Commission at http://ec.europa.eu/consumers/odr/ . "

Final Provisions

The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, among others, the supervision of compliance with Act No. 634/1992 Coll.

These Terms of Business are valid as stated on the Seller's website on the date of the purchase agreement. The consumer's order is confirmed as a signed contract between the buyer and the seller for the purpose of completing it and other records and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages ​​as well, if this is not the reason for the conclusion of the contract. By purchasing, the customer agrees to send business messages.

These terms and conditions allow for their archiving and reproduction. By the conclusion of the purchase contract, the buyer accepts all terms and conditions of the Business Terms and Conditions as in force on the day of dispatch of the order, including the price of the ordered goods stated in the confirmed order, unless otherwise agreed otherwise in the specific case.

Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

Seller is not bound by any codes of conduct in relation to the buyer in accordance with Section 1826 (1) e) CC.

These terms and conditions come into effect on 1^stJanuary 2014