Trading conditions of the company
With registered office: Lidicka 700/19, 60200 Brno 2
Identification Number: 05041104
Registered in the commercial register kept by the regional court in Brno, section C, insert 93254
For the sale of goods by means of an online store located on the Internet at www.tomski.cz
We are not VAT payers, all prices listed are incl. Vat.
These Terms and conditions (hereinafter referred to as the “terms and Conditions”) of the aforementioned trading Company (the “seller”) are governed in accordance with the provisions of § 1751 paragraph 1. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”) reciprocal rights and obligations of the Parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as “purchase contract”) concluded between the seller and another natural person (“the buyer”) Through the internet shop of the seller. The Internet shop is operated by the seller on the website placed on the Internet at www.tomski.cz (the “website”) through the interface of the website (hereinafter referred to as the “Web Interface of Commerce”).
The terms and conditions do not apply to cases where the person who intends to purchase the goods from the seller is a legal entity or a person who acts in the ordering of goods in the course of his business or in the course of his individual pursuit of the profession.
Provisions derogating from the terms of trade can be negotiated in the contract of sale. The deviating arrangements in the purchase contract take precedence over the terms and conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are written in Czech language. The purchase contract can be concluded in Czech language.
The terms and conditions may be amended or supplemented by the seller. This provision shall be without prejudice to rights and obligations arising during the term of the previous text of the terms and conditions.
Based on the registration of the buyer made on the website, the buyer can access his user interface. From your user interface, the buyer can order goods (“user account”). If the Web interface allows the store, the buyer can also order the goods without registration directly from the Web interface of the store.
When registering on the website and ordering goods, the buyer is obliged to provide correctly and truthfully all information. The buyer must update the data provided in the user account in any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
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.
The buyer is not entitled to allow third parties to use the user account.
The seller may cancel the user’s account, especially if the buyer does not use his user account for more than 12 months, or if the buyer breaches his obligations under the purchase contract (including the terms and conditions).
The buyer acknowledges that the user account may not be available continuously. In particular with regard to the necessary maintenance of the seller’s hardware and software, or necessary maintenance of hardware and software of third parties.
Conclusion of the purchase contract
All presentation of goods located in the Web interface of the shop is informative. The seller is not obliged to conclude a purchase agreement regarding such goods. The provisions of § 1732 paragraph 1 2 of the Civil Code shall not apply.
The store’s web interface contains information about the item, including the price indication of individual items. The prices of the goods are listed including value added tax and all related fees. Item prices remain in effect as long as they are displayed in the store’s web interface. This provision does not limit the possibility for the seller to conclude a purchase contract under individually negotiated terms.
The store’s web interface also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of the goods specified in the Web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills out the order form in the Web interface of the store. The order form contains in particular information about:
Ordered goods (ordered “inserts” the buyer into the electronic shopping cart of the Web interface of the store),
The method of payment of the purchase price of the goods, details of the required method of delivery of ordered goods and
Information about the costs associated with the delivery of the goods (hereinafter referred to collectively as the “Order”).
Before sending the order to the seller, the buyer is allowed to check and change the information placed in the buyer’s order. Even 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 to the seller by clicking on the “Submit Order” button. The information given in the order is considered correct by the seller.
The order submission is considered to be the buyer’s act, which in undoubtedly identifies the ordered of the goods, the purchase price, the buyer’s person, the method of payment of the purchase price, and is a binding proposal of the purchase contract for the Contracting Parties. The condition of the order is the completion of all mandatory information in the order form. Familiarization with these terms and conditions on the website and the buyer’s confirmation that they have met these terms and conditions.
The seller shall, immediately upon receipt of the order, confirm this receipt to the buyer by electronic mail, to the buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as “buyer’s email address”).
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated transport costs) to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone).
The proposal for a purchase contract in the form of an order is valid for fifteen days.
The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent to the buyer by electronic mail, to the buyer’s e-mail address.
In the event that any of the requirements stated in the order can not be fulfilled by the seller, the buyer sends to the electronic address of the buyer an amended offer, indicating the possible variants of the order and requesting the buyer’s opinion.
The amended offer is considered as a new proposal of the purchase contract and the purchase contract is concluded in such a case by the acceptance of the buyer via e-mail.
The buyer agrees to use the means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (cost of Internet connection, cost of telephone calls) are borne by the buyer himself, and these costs are not different from the basic rate.
Price of goods and payment terms
The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:
In cash at the seller’s premises at the establishment at the Pond 5, 79501 Rýmařov;
Cash on delivery at the place specified by the buyer in the order;
Cashless transfer to the seller’s account No. 2201013691/2010, held by FIO Bank (‘ The seller’s account ‘);
Cashless through the payment system;
Cashless credit card;
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall be understood.
- The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of article 6 Business conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 10 days of the conclusion of the purchase contract.
- In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment. In the case of non-cash 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.
- The seller is entitled, especially if the buyer does not accept the subsequent confirmation of the order (art. 8), require payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 1 of the Civil Code shall not apply.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
- If this is usual in the course of trade or if it is provided by generally binding legal regulations, the seller shall issue a tax document – Invoice for payments made on the basis of the purchase contract to the buyer. The seller is not a payer of value added tax. Tax Document – The 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 e-mail address.
Withdrawal from the contract
The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the contract of sale:
The supply of goods, the price of which depends on the deflections of the financial market, irrespective of the seller’s will and which may occur during the withdrawal period,
For the supply of goods which have been adjusted to the purchaser’s wishes or to the person
If this is not the case referred to in article 1 or another case where the purchase contract cannot be resigned, the buyer shall comply with the provisions of § 1829 paragraph 1. 1 Civil Code right from the purchase contract to withdraw, within fourteen (14) days of receipt of the goods, whereby 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 receipt of the last delivery of the goods. Withdrawal from the contract must be sent to the seller within the period specified in the previous sentence.
To withdraw from the contract, the buyer may use the model form provided by the seller, which forms an attachment to the terms and conditions. The buyer may send the withdrawal from the purchase contract outside the address of the seller’s premises or registered office. For the service of withdrawal from the contract, the provisions of article 11 of these terms and conditions. The entrepreneur shall certify to the consumer without undue delay in the textual form of his acceptance.
In case of withdrawal from the contract of sale under art. 2 Terms and conditions the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned for their nature by the usual postal route.
In case of withdrawal from the contract under art. 2 Business Terms and conditions return the seller’s funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract by the buyer, in the same way as the seller has accepted from the buyer. The seller is also entitled to return the performance provided by the buyer at the time of the return of the goods by the buyer or otherwise, if the buyer agrees with it and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
The seller may unilaterally offset the claim for damages arising from the goods against the buyer’s claim for reimbursement of the purchase price.
Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, in cashless to the account specified by the buyer.
If, together with the goods are provided to the buyer’s gift, the gift agreement between the seller and the buyer is concluded with a an expiry condition that occurs when the withdrawal from the purchase contract by the buyer, loses the gift agreement regarding such a gift of efficiency and buyer It is obliged to return the gift to the seller with the goods.
Transport and delivery of goods
If the mode of transport is smluven 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.
If the seller under the contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
In the event that the goods have to be delivered repeatedly or in a manner other than that specified in the order for reasons of purchase, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods, respectively. Costs associated with another delivery method.
When receiving the goods from the shipper, the buyer is obliged to check the integrity of the packaging of the goods and notify the shipper immediately in case of any defects. In the event of a violation of the package indicative of unauthorized intrusion into the consignment, the buyer may not accept the shipment from the shipper.
Rights from defective performance
The rights and obligations of the Contracting Parties regarding the rights of defective performance are governed by the applicable general mandatory regulations (in particular the provisions of sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
The seller shall be liable to the buyer that the goods are not defective on receipt. In particular, the seller shall be liable to the buyer at the time the buyer has assumed the goods:
The goods have characteristics which the parties Kiribati, and if the arrangement is absent, has the characteristics which the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
The goods are suitable for the purpose which the seller lists or to which goods of this kind are normally used for its use,
The goods comply with the quality or performance of the agreed sample or the master if the quality or workmanship has been determined according to the agreed of the sample or the specimen,
The goods are in the appropriate quantity, level or weight, and
The goods comply with the requirements of legislation.
Provisions referred to in article 1 (2) 2. The terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price of the agreed, the wear of the goods caused by its normal use, the goods used for a defect corresponding to the degree of use or wear which the goods had in Acceptance by the buyer or, if the nature of the goods so indicates.
If the defect occurs within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
The buyer shall apply the rights from the defective performance to the seller at the address of his establishment, in which the acceptance of the claim is possible with regard to the assortment of goods sold, or even at the seat or place of business. The moment when the claim is made, the time when the seller received the goods from the buyer is considered.
Other rights and obligations of the parties relating to the seller’s liability for defects may be modified by the seller’s claim rules.
Other rights and obligations of the Contracting Parties
The buyer acquires ownership of the goods by paying the entire purchase price of the goods
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. 1 (a) e) Civil Code.
For the out-of-court settlement of consumer disputes from the purchase contract, the relevant Czech trade inspection, with registered office at Štěpán 567/15, 120 00 Praha 2, Corporate ID: 000 20 869, Internet address: http://www.coi.cz
The seller is entitled to sell the goods on the basis of trade licence. The trade control shall be carried out within its competence by the relevant trade office. Supervision of the area of personal data protection is exercised by the Office for Personal data protection. The Czech trade inspection exercise, within a limited scope, inter alia, the supervision of compliance with the Act No. 634/1992 Coll., on Consumer protection, as amended.
The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 1. 2 of the Civil Code.
The protection of personal data by a buyer who is a natural person is provided by Law No. 101/2000 Coll., on the protection of Personal data, as amended.
The buyer agrees to the processing of the following personal data: First and last name, home address, identification number, tax identification number, e-mail address, telephone number and delivery address (collectively, all as “personal information”).
The buyer agrees to the processing of personal data by the seller for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining the user account. If the buyer does not choose any other option, it agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communication to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition which in itself impossible the conclusion of a purchase contract.
The buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when ordering from the Web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of the change in his Personal data.
By processing the buyer’s personal data, the seller may entrust a third party as a processor. In addition to persons carrying goods, personal data will not be transferred to third parties without the buyer’s prior consent.
Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The buyer confirms that the personal information provided is accurate and that he has been advised that it is a voluntary provision of personal data.
Should the buyer consider that the seller or the processor (art. 5) performs the processing of his personal data, which is contrary to the protection of the buyer’s private and personal life or in violation of the law, especially if personal data are inaccurate with respect to the purpose of their processing, can:
Ask the seller or the processor for an explanation,
Require the seller or the processor to remove the condition thus established.
If the buyer requests information about the processing of his personal data, the seller is obliged to pass on this information. The seller has the right to provide the information according to the previous sentence to require reasonable reimbursement not exceeding the costs necessary to provide the information.
Sending commercial messages and storing cookies
The buyer agrees to receive information relating to the goods, services or company of the seller to the buyer’s electronic address and further agrees to receive commercial communications from the seller to the buyer’s e-mail address.
The buyer agrees with the storage of the so- Cookies on his computer. In the event that the purchase on the website can be made and the obligations of the seller to perform the purchase contract without storing the so-called. Cookies on the computer of the buyer, the buyer may consent under the previous sentence at any time to revoke.
Notices relating to the seller’s and buyer’s relations, in particular concerning withdrawal from the contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the contract of sale. Notifications shall be delivered to the relevant contact address of the other party and shall be deemed to have been received and effective when they are delivered by post, with the exception of a notice of withdrawal made by the buyer, when the withdrawal is effective, if the notification Sent by the buyer within the withdrawal period.
A notification is deemed to have been received, the takeover of which was refused by the addressee, which was not picked up in the storage period or returned as undeliverable.
The Contracting Parties may deliver regular correspondence via e-mail to the e-mail address specified in the buyer’s user account or specified by the buyer in the order, or To the address indicated on the seller’s web site.
If a relationship based on a purchase contract contains an international (foreign) element, the parties negotiated that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
If any provision of the terms and conditions is invalid or ineffective, or becomes such, instead of the invalid provisions, the provision whose meaning is as close as possible to the invalid provision shall be applied. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require a written form.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The annex to the terms and conditions form a model for withdrawal from the contract.
Contact details of the seller: address for delivery of roller skis TOMSKI, near Pond 5, Rýmařov 79501. E-mail address firstname.lastname@example.org, phone + 420 603 777 784.
Rýmařov on 1.6.2017