1.1. These terms and conditions (further only „the terms and conditions“) of Ing. Ladislav Chýlek company, address Skalice 301,738 01 F-M, identification number: 73138819 (further only„the seller“) regulate the mutual rights and obligations of the parties arising from or under a contract (further only „the contract“) concluded between the seller and any other natural or legal person (further only “buyer”) through the online seller’s store. Online store is operated by the seller on the website www.u-storm.eu through a web interface (further only „shop’s web interface“).
1.2. Terms and conditions govern the rights and obligations of the parties while using seller’s website located at www.u-storm.eu (further only „website“) and other related legal relations. Terms and conditions do not apply to cases when the person that has an intention to buy goods from the seller is ordering goods within their business.
1.3. Provisions diverging from those terms and conditions can be agreed upon in the sales contractDifferent arrangements in the contract shall prevail over these terms and conditions.
1.4. Provisions of the conditions are an integral part of the purchase. The Purchase Agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5. Seller may modify or amend the version of terms and conditions. This provision shall not prejudice the rights and obligations arising after the effective period of the previous version of business conditions.
2. User account
2.1. Upon buyer’s registration made on the website the seller may enter into his interface. The buyer can proceed ordering from his interface (further only „user account“). In case the web interface allows it, the buyer can proceed the order also without registration directly from the shop’s web interface.
2.2. I tis required that during the registration and ordering on the website the buyer states all the correct required information. The user is obliged to update any changes in his information stated in the account. Buyer’s stated information in his account in the moment of oredering are considered The data referred to by the buyer in the user account during ordering goods are believed to be correct by the seller.
2.3. Access to the user account is secured by username and password. The buyer is obligated to maintain the confidentiality of the information necessary to access the user account and acknowledges that Seller shall not be responsible for any breach of this obligation by the buyer.
2.4. The Buyer is not entitled to allow the use of a user account to third parties.
2.5. Seller may cancel user’s account, especially if the buyer doesn’t use the account for more than one year, or if the buyer breaches its obligations under the purchase agreement (including terms and conditions).
2.6. Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of seller’s hardware and software, or due to necessary maintenance of hardware and software of third parties.
3. Closure of the purchase agreement
3.1. The web interface provides a list of trade goods offered for sale by the seller, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. Offer for sale of goods and prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limitthe seller to conclude a contract for purchase individually negotiated terms. All offers to sell goods placed in the web interface of the shop are binding and the seller is not obliged to enter into a purchase agreement regarding this product.
3.2. Web Interface of the shop also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the buyer use the order form in the web interface of the shop. The order form shall include information on:
3.3.1. ordered goods (the buyer “inserts” the ordered goods into an electronic shopping cart in the shop’s web interface)
3.3.2. method of payment of the purchase price, details of the desired method of delivery of goods ordered and
3.3.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.4. Before sending the order to the buyer to the seller is allowed to check and modify the data inserted in the order and also with regard to the buyer to detect and correct errors during data entry order. The buyer sends the order by clicking the "ORDER“. The data referred to in the order are believed to be correct by the seller. Seller immediately upon receipt of the order confirms the order to the buyer through e-mail at the e-mail address of the Buyer provided in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
3.5. Seller is always entitled to, depending on the nature of the order (catalog number, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.6. The contractual relationship between the seller and the buyer arises with delivery of the order acceptance (acceptance), which is sent to the buyer by e-mail, at the buyer’s e-mail.
3.7. Buyer acknowledges that Seller is not obliged to enter into a purchase agreement, especially with those that have substantially breached its obligations to the seller.
3.8. Buyer agrees to the use means of distant communication to enter into a purchase agreement contract. Costs incurred to the buyer when using means of distant communication while entering itno a puchase agreement (the cost of internet access, telephone costs) shall be borne by the Buyer himself.
4. PRICE AND PAYMENT TERMS
4.1. Price of the goods and any costs associated with the delivery of goods under the purchase contract pays the buyer to the seller by the following means:
In cash at the seller’s address: Zahradní 1175, 73911 Frýdlant nad Ostravicí;
Non-cash: bank transfer to the Seller's account, held by Czech Savings Bank as (hereinafter referred to as "Seller Account")
Cash on delivery
4.2. Along with the purchase price the buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated, the purchase price includes the costs associated with the delivery of the goods.
4.3. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of non-cash payments, the purchase price is due within 14 days of the purchase contract.
4.4. In the case of cashless payment, the buyer shall pay the purchase price of the goods with a given variable symbol payment. In the case of cashless payment the purchaser’s liability is fullfiled by creditting the appropriate amount to the seller’s account.
4.5. Seller is entitled, in particular in the event that the Buyer does not receive further confirmation of the order (Article 3.5), to require payment of the full purchase price before sending the goods to the buyer.
4.6. Any possible discounts of the goods’ price can not be combined.
4.7. If it is customary in trade relations or if so determined by generally binding legal regulations the Seller issues regarding payments made under a contract to the buyer a tax document – the invoice. Seller is value added tax registered company. The tax document – the buyer issues the invoice to the Seller upon payment and sends it electronically to the email address of the buyer.
5. Return policy
5.1. Buyer acknowledges, that pursuant to the provisions of Section 53 paragraph 8 of Act No. 40/1964 Collections, Civil Code, as amended (further only „Civil Code"), among other things, can not withdraw from the contract for the supply of goods made to buyer's request as well as perishable goods or goods that subject to wear and tear, from the contract of the supply of audio and video recordings and computer programs if the buyer violated their original packaging as well as from the the purchase agreement for the supply of newspapers, periodicals and magazines.
5.2. If this is not the case referred to in the article 5.1 or the other case, when it is not possible to withdraw from the contract, the buyer has in accordance with section 53 paragraph 7 of the Civil Code, the right to withdraw from the contract within fourteen 14 days of receipt of goods. Withdrawal from the contract must be delivered to the seller within fourteen (14) days of receipt of goods. The buyer can send the withdraval from the contract inter alia also to the address of the shop or to the elcetronic address of the seller’s e-mail firstname.lastname@example.org.
5.3. In the case of withdrawal under Article 5.2 of the terms and conditions the purchase contract is cancelled from the beginning. Goods must be returned to the seller within 14 working days from dispatch of withdrawal to the seller. Goods must be returned to the Seller undamaged, unused and, if possible, in the original packaging.
5.4. Within fifteen (15) days from the buyer’s return of goods in accordance with Article 5.3 the Seller is entitled to examine the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed.
5.5. In the case of withdrawal under Article 5.2 of the terms and conditions the seller returns the payement to the buyer within ten (10) days by the end of the period for examining the goods pursuant to Article 5.4 Terms and Conditions but no later than thirty (30) days from buyer’s receipt of the withdrawal from the contract, that is via bank transfer to the account specified by the buyer. Seller is also entitled to return buyer’s payement already at the time of return of the goods.
5.6. Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller is entitled to claim for incurred damages. In case of Claims for damages Seller may unilaterally set off against the buyer’s return of the purchase price.
5.7. Until receipt of the goods by the buyer, the seller is anytime entitled to withdraw from the purchase contract. In this case, the seller will return the purchase price to the buyer without any delay via bank transfer to an account specified by the buyer.
5.8. If together with the goods a gift is provided to the buyer, the donation agreement between the seller and the buyer is concluded with a subsequent condition, that in the case of withdrawal from the contract by the consumer, the donation agreement regarding such a gift loses the effectiveness and the buyer is required to send the provided gift back to the seller along with the goods.
6. shipping and handling
6.1. Method of delivery of goods are determined by the Seller, unless the purchase contract states diffenerent. In case the mode of transport is negotiated at the request of the purchaser, the purchaser bears the risk and additional costs associated with this mode of transport.
6.2. If the seller is under the sales contract required to deliver the goods at the place designated by the buyer in order, the buyer is obliged to accept the goods on delivery. If the buyer does not accept the goods on delivery, the seller is entitled to charge a storage fee of CZK 10 (ten Czech crowns) or the seller is entitled to withdraw from the contract.
6.3. In the case that the goods needs to be delivered repeatedly or through other manner than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
6.4. When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and any damage immediately notify to the carrier. In case of violation of the package indicating an intrusion into the consignment the buyer may not take over the shipment from the carrier. By signing the delivery note buyer confirms that container shipments containing goods were intact.
6.5. Other rights and obligations of the parties in the transport of goods that can modify specific delivery conditions of the seller may be issued but by the seller.
7. LIABILITY AND WARRANTY
7.1. The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller shall be governed by the relevant legislation (in particular the provisions of section 612 and following of the Civil Code).
7.2. Seller is responsible for ensuring that the sold item is in conformity with the contract and that it is free from defects. Conformity with the contract means that the sold thing has the quality and features required by the contract, the seller, the producer or his representative, or on the basis of their expected by the advertisements, or the quality and features for the cause of this kind that meets the requirements of legislation is in the correct quantity, measure or weight and corresponds to the purpose for which the seller claims the use of the thing or for which use the thing is usually used.
7.3. In the case that the matter on receipt by the buyer is not in conformity with the contract (further only „contradiction with the contract“), the buyer has the right that the seller put the thing in accordance with the purchase agreement and free of charge and without any delay, so as required by the buyer exchanging , or repair, unless such a procedure is not possible, the buyer may require an appropriate reduction of the price or withdraw from the contract. This does not apply if the buyer knew about the contradiction with the contract or he has caused the contradiction with the contract. Contradiction with the contract, which will occur within six (6) months from the date of receipt of the goods shall be deemed to have already existed in its takeover, if it does not contradict in the nature of things unless the contrary is prooved.
7.4. Unless the things that are perishable or used goods, the seller is responsible for defects which appear as a contradiction with the contract after the receipt of goods but within the warranty period (warranty).
7.5. The rights of the buyer under the seller's liability for defects, including the warranty liability of the seller, the buyer claims the seller at the address Zahradní 1175, 739 11 Frýdlant nad Ostravicí. The moment of the claim is considered to be the moment when the seller receives the claiemd goods from the buyer.
7.6. Other rights and obligations of the parties relating to the liability of the seller for defects modifies the seller’s rule of Claims.
8. Other rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the entire purchase price.
8.2. Buyer acknowledges that software and other content of the web interface of trade (including photographies of offered goods) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or allow third parties to encroach or to used unauthorizedly the software or other content of the web interface business.
8.3.The buyer is not entitled during use of the web interface to use trade mechanisms, software or other procedures, which could have a negative impact on the operation of the eshop’s web interface. Web Interface shop can be used only to the extent which is not at the expense of the rights of other customers of the seller and which is consistent with its purpose.
8.4. Seller in relation to the purchaser is not bound by any codes of conduct within the meaning of article 53a paragraph 1 of the Civil Code
8.5. Buyer acknowledges that the seller is not liable for errors resulting from interference of third parties to the Web site or arising from use of the website in ways not intended
9.1. Buyer’s privacy, which is an individual, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. Buyer agrees to the processing of his personal data: name and surname, address, identification number, tax identification number, electronic mail address, telephone number (further only “personal data).
9.3. Buyer agrees to the processing of personal data by the seller for the purpose of implementation of rights and obligations under the contract, for the purposes of maintaining an user account and for the purpose of sending commercial messages and information to the buyer.
9.4. Buyer acknowledges that he is owed his personal data (during registration, on his user’s account, for orders made from the web interface of trade) state correctly and truthfully and that he shall without undue delay inform the seller of a change in his personal data.
9.5. The seller may appoint a third party to process buyer’s personal data. Buyer’s personal data will not be forwarded to any third parties without his prior conset.
9.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically by an automated manner. or in printed form by non-automated manner.
9.7. Buyer acknowledges that the personal data is accurate and that he was advised that it is voluntarily provided personal information.
9.8. In case that the buyer thought, that the seller or the processor (article 9.5) performs the processing of personal data is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law, especially if the personal data are inaccurate for the purpose of processing, he may:
9.8.1. ask the seller or the manufacturer for an explanation,
9.8.2. require the seller or processor to correct the condition. In particular, it may be blocking, correction, addition or destruction of personal data. If the buyer's request under the preceding sentence is found justified, seller or processor removes all defective conditions. If the seller or processor fails the request, the buyer has the right to appeal directly the Office for Personal Data Protection. This provision shall not affect the right of the buyer to take its initiative to the Office for Personal Data Protection
9.9. If the buyer asks for information about the processing of their personal data, the seller is required to provide him with such information. Seller has the right require for provided information pursuant to the previous sentence, a reasonable compensation not exceeding the cost of providing the necessary information.
10. Sending of commercial messages and storage of cookies
10.1. Buyer agrees to receive information related to goods, services or compady to the buyer’s email address and he further agrees to receive commercial communications from seller to his email address.
10.2. Buyer agrees with storing cookies on his computer. In the case when the purchase on the web page can not be done and and seller’s obligations of the purchase contract can not be fullfilled without storing cookies on buyer’s computer, the buyer may withdraw consent under the preceding sentence at any time.
11.1. Unless agreed otherwise, all correspondence in connection with the contract must be delivered to the other party in written form, namely through electronic email, personally or recommended letter by registered mail service (choice by the sender). To the buyer delivering to the email address specified in his user account.
12. final assignations
12.1. If a relation related to use of the Web site or the legal relation of the purchase agreement includes an international (foreign) element, then the parties agree that the relation is governed by Czech law. This does not affect the rights of consumers resulting from generally applicable laws.
12.2. The seller is entitled to sell the goods under a business license and seller activity is not subject to any other authorization. Trade inspection is carried out under the authority of the trade office.
12.3. If any provision of the Terms and Conditions is invalid or unenforceable, or such happens, instead of the invalid provision a provision whose meaning is invalid’s provision as close as possible is applied. The invalidity or unenforceability of one provision does not apply to the other provisions. Amendments and supplements to the purchase agreement or terms and conditions is required in written form.
12.4. The purchase agreement, including the terms and conditions is archived in electronic form by the seller and is not accessible.
12.5. Seller’s contact information: Address for service Ing. Ladislav Chýlek, Skalice 301, 738 01 F-M, email address: email@example.com, telephone 774080870.
In Skalice the 28th of April 2013