Terms and Conditions
General terms and conditions of the company
SH engineering company s.r.o.
with its registered office at:
110 00 Praha
EU VAT NUMBER: CZ14099187
for the sale of goods through the on-line shop located at www.all4drift.com
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter referred to as the "terms and conditions") of all4drift, registered office at Kaprova 42/14, 110 00 Praha, identification number 14099187 (hereinafter referred to as the "seller") are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll. ., the Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter the "Buyer") The online store is operated by the Seller on a website located at an Internet address (hereinafter referred to as the "Website") through the Website Interface (hereinafter referred to as the "Web Interface of the Store").
1.2. The Business Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface. From the user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon 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 user name 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 by third parties.
2.5. The Seller may cancel the user account, especially if the buyer does not use his user account for a longer period of time or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (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 such goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the shop's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop 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 shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
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 the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors caused by entering data into the order. The Buyer shall send the Order to the Seller by clicking on the "" button. The information given in the Order is considered by the Seller to be correct. buyer's email 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 (eg in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon 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 when using the means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) shall be borne by the Buyer himself, and these costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the purchase contract, the buyer can pay the seller in the following ways:
in cash at the seller's premises at;
cash on delivery at the place specified by the buyer in the order;
by cashless transfer to the Seller's Account No, held at the Company (hereinafter referred to as the "Seller's Account");
cashless payment system;
cashless payment card;
through a loan provided by a third party.
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed 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 the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within days from the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (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.
4.8. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller pays value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods, which was modified according to the Buyer's wish or for himself, from the Purchase Contract on the supply of perishable goods, which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons and from a contract for the delivery of audio or video recordings or computer software if Original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case in which the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days in accordance with Section 1829 (1) of the Civil Code. from the takeover of the goods, and in the case that the subject of the purchase contract is 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 contract of sale must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's e-mail address.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.4. In the event of withdrawal pursuant to Article 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 accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.6. Until the buyer accepts the goods, the seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
5.7. If it is provided together with the goods
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to place additional goods at the Buyer's place of purchase, the Buyer is obligated to order the goods upon delivery.
6.3. If there are reasons to buy the goods that need to be delivered, you can find out if this is possible than stated in the order, or you have to pay for the costs to be with the repeated delivery of the goods respectively. costs with possible effects.
6.4. When sending the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized intrusion into the postal service, the Buyer shall accept the consignment from the carrier.
6.5. Other rights and obligations in the carriage of goods may be imposed special delivery conditions of the seller, if issued by the seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Contracting Party relate to legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller correctly to the buyer that the goods at the transfer has no defects. In particular, the seller correctly to the buyer that at the time the buyer waited the goods:
7.2.1. the goods have properties agreed upon by the parties; in the absence of an agreement, the goods have properties that the seller or manufacturer discovers or buys the expected view of the goods and based on the advertising they carry out,
7.2.2. the goods are suitable for who uses the goods for its use or for which goods of this kind are used,
7.2.3. the goods correspond to the quality or proof of the agreed sample or template, if the quality or performance was determined according to the agreed sample or template,
7.2.4. the goods are in the quantity available; or
7.2.5. the goods comply with the lawyers of the legislation.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions may be sold at low defect prices, agreed at any lower price, for wear and tear caused by normal use, for residual defect goods it is possible to ascertain whether the goods are purchased or can be purchased, when the buyer is, or if it is possible by the goods.
7.4. It will appear within a few months of receipt, believing that the goods were defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from purchases of goods for the account of its establishment, at a low level, receiving advertising opportunities with a view to the range of goods sold, possibly at the registered office or place of business. The moment when the claim is received, the moment you receive the seller from the buyer of the claimed goods.
7.6. Other Rights and Obligations of the Parties Related to the Seller's liability for defects may be managed by the Seller's Complaints Procedure.
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. The Seller is not in relation to the Buyer tying any codes of conduct within the meaning of § 1826 para. 1, par. e) of the Civil Code.
8.3. Out-of-court complaint handling by consumers selling via electronic addresses. The Seller shall send information on the Buyer's complaint to the Buyer's email address.
8.4. The seller is entitled to sell goods on the basis of a trade license. The Trade Inspection informs the Trade Licensing Office within its competence. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, among other things, supervision of a compliant law. 634/1992 Coll., On Consumer Protection, as amended.
8.5. § 1765 para. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of the personal data of the Buyer who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The Buyer agrees to the processing of his / her personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (collectively referred to as "personal data").
9.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realizing rights and obligations under the purchase contract and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would in itself preclude the conclusion of a purchase contract.
9.4. The Buyer acknowledges that he / she is obliged to provide his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without undue delay.
9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, personal data will not be transferred to third parties without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information.
9.8. Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, it may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request adequate compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2. The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without depositing so-called cookies on the buyer's computer, the buyer may at any time withdraw the consent under the previous sentence.
11.1. It may be delivered to the Buyer at the Buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, the invalid provision shall 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.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11. Complaint conditions
If the purchase contract is concluded by means of distance communication (in an online store), the buyer consumer has the right to withdraw from the contract within 14 days of receipt of goods in accordance with § 53 (7) of the Civil Code.
In this case, please fill in the following form: Withdrawal from the contract
If the warranty card does not include a longer warranty period, the goods are covered by a 24-month warranty.
The warranty period begins on receipt of the item by the buyer. The warranty period is extended by the period during which the goods were under warranty repair. If the goods are replaced with new ones within the warranty period, a new warranty begins. The warranty does not cover wear and tear caused by normal use.
The consumer has:
(a) in the case of a removable defect, the right to free, proper and timely removal of the defect, the right to exchange defective goods or defective components, unless this is disproportionate to the nature of the defect. If such a procedure is not possible, he has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract,
b) if the defect is irremovable preventing the proper use of the goods, the right to exchange defective goods or withdrawal from the contract of sale,
c) in the case of defects removable in large numbers or repeatedly and impeding the proper use of the goods, the right to exchange defective goods or withdrawal from the purchase contract,
d) in the case of other irremovable defects and does not require replacement of the thing, the right to a reasonable discount on the purchase price or withdrawal from the contract.
The seller decides on the complaint without delay, in more complicated cases within 3 days. This period does not include the time required for the expert assessment of the claimed defect. The complaint will be settled within 30 days at the latest, including the removal of the defect. This period may be extended in agreement with the consumer. After the expiry of this period, the consumer has the same rights as if it were an irremovable defect and can therefore claim withdrawal.
The seller is obliged to provide the consumer with a written confirmation of when the consumer exercised the right, what is the content of the complaint and how the complaint is handled by the consumer. Furthermore, confirmation of the date and method of settlement of the claim, including confirmation of the repair and its duration, or a written justification for rejecting the claim. This obligation also applies to other persons designated to carry out repairs.
In the case of a justified claim, the buyer has the right to reimbursement of the costs associated with the claim. In the event of withdrawal due to a defect, the consumer is also entitled to reimbursement of the costs of withdrawal.
If you want to claim or exchange goods, fill in the protocol and send it together with the goods to:
U michelského lesa 1267
140 00 PRAHA 4
12. The products on offer are not intended for road use and are not approved for normal use.
In Prague on 01.01.2020