Terms & Conditions
TERMS AND CONDITIONS
Business company BrokInCZ service s.r.o.
Registered office at Zárubova 507/2, Kamýk, 142 00 Prague 4
Identification number: 06009743
Entered in the Commercial Register kept at the Municipal Court in Prague,
file number C 274505
For the sale of goods through an online store located at www.dia-way.com
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of BrokinCZ sro , registered office at Zarubova 507/2, Kamyk, 142 00 Prague 4 , identification number: 06009743 , registered in the Commercial Register at the Municipal Court in Prague , Section C , File 274505 (hereinafter referred to as "the Seller"), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll. (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller's e-shop. The e-shop is operated by the seller on a website located at https://dia-way.com (hereinafter referred to as the "website") via the website interface (hereinafter referred to as the "web interface").
1.2. The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller is a legal person or person acting in the course of ordering goods in the course of his business or in his own pursuit of his profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.
1.4. Terms and conditions of business are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface, the buyer may order goods (hereinafter referred to as " user account "). In case the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the user account and when ordering goods is considered by the seller to be correct.
2.3. User account access is secured by 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 third parties to use the User Account.
2.5. The Seller may cancel the User Account, if the Buyer violates its obligations under the Purchase Agreement (including Terms and Conditions).
2.6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
3. CONCLUDING THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the web interface of the shop is of informative nature and the seller is not obliged to conclude a purchase contract regarding this goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. The prices of the goods include VAT and all related charges. Prices of goods remain in effect as long as they are displayed in the store's web interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with 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 the goods, the buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:
3.4.1. the ordered goods (the buyer inserts the ordered goods 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 cost of delivering the goods (hereinafter referred to as " 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 possibility of the buyer to detect and correct errors arising when entering data into the order. The buyer sends the order by clicking on the "I agree with the conditions and I order binding" button. The data listed in the order they are deemed correct by the seller. Seller immediately upon receipt of the order confirms this receipt to the buyer by e-mail to the e-mail address of the buyer specified in the user account or in the order (hereinafter referred to as " electronic address of the buyer ").
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 phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the Order Acceptance (Acceptance) sent to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The buyer agrees to use the means of distance communication to conclude 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 (the cost of internet access, the cost of telephone calls) are borne by the buyer, which costs do not differ from the base rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
a. cash on delivery at the place specified by the buyer in the order;
b. bank transfer to the seller's account no. 2401205698/2010 in CZK or account no. 2201370592/2010, both of them kept by the company Fio banka, a.s., V Celnici 1028/10, 117 21 Praha 1, as (hereinafter "the account of the seller ");
c. cashless payment card
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 at the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.
4.3. The Seller does not require the Buyer to make a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of 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, in particular if the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. Section 2119 (1) of the Civil Code does 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 customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice for the payments made under the purchase contract to the Buyer. The seller is not a value added tax payer. 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 sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the buyer's wish or for the person from the contract of delivery of perishable goods and goods , which has been irrevocably mixed with other goods upon delivery, from a contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons and from a purchase agreement for the delivery of a sound or video recording or a computer program if it has violated their original packaging.
5.2. If this is not the case referred to in Article 5.1 of the Business Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn, the Purchaser has the right to withdraw from the Purchase Contract within fourteen (14 ) days from receipt of the goods, whereas if 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 Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the model form provided by the seller, which is attached to the terms and conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the address of the Seller's premises or the Seller's e-mail address info@dia-way.com
5.3. In case of withdrawal from the purchase contract in accordance with Article 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 of the delivery of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.
5.4. In the event of withdrawal from the Purchase Contract 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 withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for the Buyer. 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 the goods were sent to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for damages to the goods against the Buyer's claim for refund of the purchase price. The buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, or will bear traces of use, pollution, etc., the seller will be entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the right to compensation for the damage 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 Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.
5.7. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the contract, the gift contract for such gift is lost and the buyer is obliged to return the goods to the seller as well gift provided.
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 any additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other means of delivery.
6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. If the packaging is found to be in breach, indicating the unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFOMANCE
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:
7.2.1. the goods have properties that the parties have agreed, and if the agreement is missing, it has properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they perform,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure or weight;
7.2.5. goods comply with legal requirements.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, for the wear and tear of the goods caused by its normal use. the buyer, or if it is the nature of the goods.
7.4. If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt.
7.5. The rights of defective performance shall be exercised by the Buyer at the Seller's address at the premises of the Seller where the acceptance of the claim is possible with regard to the assortment of the goods sold, possibly at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (a). e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via e-mail info@dia-way.com. The Seller shall send the Buyer's complaint to the Buyer's e-mail address.
8.4. Out-of-court settlement of consumer disputes arising from the purchase agreement is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
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 the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (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 COMMERCIAL COMMUNICATIONS 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. Buyer agrees to store so-called cookies on his computer. If the purchase on the website can be made and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11. DELIVERY
11.1. It can be delivered to 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. 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).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Purchase Agreement or Terms and Conditions require written form.
12.3. The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. Annex to the Business Terms and Conditions forms a model form for withdrawal from the purchase contract.
12.5. Seller's contact details: delivery address Zárubova 507/2, Kamýk, 142 00 Praha 4 , e-mail address info@dia-way.com, phone +420 730 176 966 .
These terms and conditions take effect on November 26, 2018