Terms of use

I.

Basic Provisions

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1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code") by the trading company

 

NAREX Ždánice, spol. s r.o.
ID No.: 25576909
VAT No.: CZ25576909
with registered office: Městečko 250, 696 32 Ždánice, Czech Republic
registered with the Commercial Register of the Commercial Register of KS Brno, Section C, Insert 35004

contact details:
e-mail: sales@narexzd.cz
phone: +420 518 607 111
web: www.narexzd.cz
(hereinafter referred to as "Seller")

 

1. These Terms and Conditions govern the mutual rights and obligations of the Seller and a person who enters into a purchase contract with the Seller (hereinafter referred to as "Purchase Contract") outside of his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at www.narexzd.cz. ("Internet shop").
2. The provisions of these Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the purchase contract shall prevail over the provisions of these terms and conditions.
3. These Terms and Conditions and the Purchase Contract are concluded in the Czech language.

 

II.

Product and Price Information

1. Product information, including prices for each product and its main features, are listed for each product in the online store catalogue. Product prices are inclusive of value added tax. The prices of the products remain valid for as long as they are displayed for the respective products in the online shop. This provision does not preclude the individual negotiation of a different purchase price in the purchase contract.
2. Any presentation of products placed in the catalogue of the online store is informative, is not an offer by the seller to conclude a purchase contract, nor does it create an obligation for the seller to conclude a purchase contract with the buyer regarding any products.
3. Information about the costs associated with the delivery of goods listed in the online store applies only in cases where the goods are delivered within the Czech Republic. The costs associated with delivery of goods outside the Czech Republic will be calculated individually and notified to the buyer before the conclusion of the purchase contract.
4. Possible discounts on the purchase price of the products cannot be combined with each other, unless otherwise agreed between the seller and the buyer.

 

III.

Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the buyer in full. These costs do not differ from the basic rate.
2. The buyer orders products in the following ways:
• through his/her customer account, if he/she has previously registered in the online shop,
• by completing the order form without registration.
3. When placing an order, the buyer selects the product, the number of pieces of the product, the method of payment and delivery.
4. Before the order is sent, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the "ORDER" button. The Buyer is responsible for the accuracy and completeness of the contents of the order. The Seller shall not be liable for incorrectly selected product type, product quantity, delivery address or delivery method, nor for incorrect or incomplete information about the Buyer. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he/she has read and understands these Terms and Conditions.
5. After receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation is generated automatically and is not considered to be the conclusion of a purchase contract or an act that would in any way indicate the seller's intention to conclude a purchase contract. The purchase contract is concluded only after the acceptance of the order by the Seller. Notification of acceptance of the order is delivered to the Buyer's email address provided by the Buyer when placing the order.  
6. In the event that the Seller is unable to meet the order or part of it, the Seller shall contact the Buyer in order to agree on further action. If the Buyer insists on the order in its original scope, the Seller will reject the order. If the Buyer and the Seller agree to change the content of the order, the Seller shall send the Buyer an offer corresponding to the changed content of the order to the Buyer's e-mail address. Such offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case at the moment of delivery of the Buyer's confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions or at the e-mail address specified by the Seller in the offer.
7. All orders of the Buyer delivered to the Seller shall be considered binding by the Seller. The Buyer is entitled to cancel the order until the Buyer receives notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller specified in these Terms and Conditions.
8. In the event that there is an obvious error on the part of the Seller in the price of the Products in the online shop or during the ordering process, the Seller shall not be obliged to deliver the Products to the Buyer at the incorrect price       even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. In the case of an order for products at such an incorrect price, the Seller shall contact the Buyer and inform him of the error detected. Furthermore, the Buyer and the Seller shall proceed in accordance with this Article III, paragraph 6, second sentence et seq. of these Terms and Conditions.
9. In the case of delivery of products to a country other than the Czech Republic, Germany, Austria, Poland, Hungary, the Netherlands and Romania, the shipping price will not be calculated automatically in the online shop. In this case, the seller will send the buyer a confirmation of receipt of the order to the e-mail address provided by the buyer when ordering. After the calculation of the shipping price to the country selected by the buyer, the seller will send the buyer an offer corresponding to the order, accompanied by the calculation of the shipping price, to the buyer's e-mail address. Such offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case at the moment of delivery of the Buyer's confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions or at the e-mail address specified by the Seller in the offer.

 

IV.

Customer Account

1. Based on the Buyer's registration made in the online store, the Buyer can access his/her customer account. From his/her customer account, the Buyer is entitled to order products. The Buyer is also entitled to order products without registration.
2. When registering for a customer account and ordering products, the Buyer is obliged to provide all information correctly, completely and truthfully. The Buyer is obliged to update the information provided in the customer account whenever it changes. The Buyer is responsible for the accuracy and completeness of the information provided by the Buyer in the customer account and when ordering products. The Seller shall not be liable for incorrect, incomplete or false information about the Buyer in the customer account and when ordering products.  
3. Access to customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller shall not be liable for any misuse of the Buyer's customer account by third parties.
4. The Buyer is not entitled to allow third parties to use his/her customer account.
5. The Seller is entitled to cancel the customer account, in particular in the event that the Buyer does not use his/her user account for ordering and purchasing products from the online store for more than 18 months, or in the event that the Buyer violates his/her obligations under the Purchase Agreement or these Terms and Conditions.
6. The Buyer acknowledges that the Customer Account may not be available around the clock, in particular with regard to the performance of necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third party hardware and software equipment.

 

V.

Payment terms and delivery of products

1. The Purchaser is entitled to pay the price of the Products and any costs associated with the delivery of the Products under the Purchase Agreement in the following ways:
• by wire transfer to the Seller's bank account no. 107-4853700277/0100, held at: Komerční banka a.s., or
• by cash on delivery of the products.
2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery (transport) of the products in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery (transport) of the products.
3. In case of payment in cash, the purchase price is payable upon receipt of the products. In the case of non-cash payment, payment of the full purchase price to the Seller's account is a condition for the dispatch of the ordered products to the Buyer. In the event that the purchase price is not paid to the Seller's account within 15 days of the conclusion of the purchase contract, the purchase contract shall be cancelled from the outset.
4. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
5. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price prior to shipment of the products to the Buyer shall not be considered as a deposit.
6. According to the Revenue Registration Act, 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 a technical failure within 48 hours at the latest
7. The products will be delivered to the buyer by a carrier designated by the seller to the address specified by the buyer in the order.
8. Costs for delivery (transport) of the ordered products depending on the method of their dispatch and receipt are specified in the buyer's order and in the order confirmation by the seller In the event that the method of delivery (transport) is agreed at the request of the buyer other than the method specified in Art. V. paragraph 7. of these Terms and Conditions, the Buyer shall bear the risk of accidental destruction, damage or loss of the products delivered in this way from the moment they are handed over to the carrier and shall pay any additional costs associated with such method of delivery.
9. If the Seller is obliged under the Purchase Contract to deliver the Products ordered to the place specified by the Buyer in the Order, the Buyer shall be obliged to take delivery of the Products upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the products repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the products, or the costs associated with a different method of delivery.
10. When taking delivery of the shipment containing the ordered products from the carrier, the buyer is obliged to check the integrity of its packaging and in the event of any defects being detected, to notify the carrier immediately of such defects. In the event that the Buyer discovers a breach in the packaging of the shipment indicating that the shipment has been tampered with, the Buyer is entitled to refuse to accept the shipment from the carrier.
11. The Seller shall issue a tax document - invoice to the Buyer for the purchased products and their delivery.     The tax document is sent to the buyer's email address. At the express request of the buyer stated in the product order, the tax document can be attached to the delivered products.
12. The Buyer acquires ownership of the ordered products by paying the full purchase price for the products including the cost of delivery, but not before taking delivery of the ordered products.
13. Unless the method of delivery is agreed upon in this Article V, paragraph 7 of these Terms and Conditions, liability for accidental destruction, damage or loss of the products shall pass to the Buyer at the moment of receipt of the products or at the moment when the Buyer was obliged to accept the products but failed to do so in violation of the purchase agreement.

 

VI.

Withdrawal

1. For the avoidance of doubt, the provisions of this Article VI, Paragraphs 2 - 10 of these Terms and Conditions apply only to purchasers who are consumers; the provisions of this Article VI, Paragraph 11 of these Terms and Conditions apply to all purchasers.
2. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract. The withdrawal period is 14 days:
• from the date of receipt of the products,
• from the date of receipt of the last delivery of the products, if the subject of the purchase contract is several types of products or the delivery of several parts,
• from the date of receipt of the first delivery of the products, if the subject of the purchase contract is a regular recurrent delivery of products.
3. The cases in which the buyer, as a consumer, is not entitled to withdraw from the purchase contract are regulated in Article 1837 of the Civil Code.
4. In order to comply with the deadline for withdrawal from the purchase contract, the buyer must send the seller a statement of withdrawal from the purchase contract within the withdrawal period.
5. To withdraw from the Purchase Contract, the Buyer may send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller will confirm the Buyer's acceptance of the withdrawal.
6. The Buyer who has withdrawn from the Purchase Contract shall return to the Seller the products received from the Seller to which the withdrawal relates within 14 days of the withdrawal. The Buyer shall bear the costs associated with the return of the products, or for the return of the products to the Seller, even if the products cannot be returned due to their nature by the usual postal route.
7. If the Buyer withdraws from the Purchase Contract, the Seller shall return to the Buyer all monies, including delivery costs, received from the Buyer in the same manner without delay, but no later than 14 days after withdrawal. The Seller shall only return the funds received to the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred by the Buyer.
8. If the Buyer has chosen a method of delivery of the Products other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivery of the Products in an amount equivalent to the cheapest method of delivery offered.
9. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer until the Buyer has handed over the returned Products to the Seller or has proved that it has sent them to the Seller.
10. The Buyer undertakes to return the Products to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the products against the Buyer's claim for a refund of the purchase price.
11. The Seller shall be entitled to withdraw from the Purchase Contract due to out of stock or unavailability of the products. The Seller shall promptly notify the Buyer via the email address provided in the order and shall refund to the Buyer, within 14 days of notification of withdrawal from the Purchase Agreement, all monies, including delivery costs, received from the Buyer under the Agreement, in the same manner or in the manner specified by the Buyer, as the case may be.

 

VII.

Rights from defective performance

1. The Seller shall be responsible to the Buyer that the Products are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the products:
• the products have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or expected by the buyer having regard to the nature of the products and the advertising carried out by them,
• the products are fit for the purpose for which the seller states they are to be used or for which products of that kind are usually used,
• the products conform in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
• the products are in the appropriate quantity, measure or weight; and
• the products comply with the requirements of the legislation.
2. The purchaser is entitled to exercise the right to claim for defects that occur in the products as consumer goods within twenty-four months of receipt.
3. If the Buyer has rightfully alleged a defect in the Products to the Seller, the period for exercising rights under the defective performance shall not run for the period during which the Buyer cannot use the defective Products.
4. The provisions on the exercise of the Buyer's rights from defects in the products referred to in this Article VII. paragraph 2. of these Terms and Conditions shall not apply:
   • for products sold at a lower price, the defect for which the lower price was agreed,
   • for wear and tear caused by normal use of the products,
   • for used products, for a defect corresponding to the level of use or wear and tear the products had when the buyer took them over,
   • in the case of use of the products in violation of the instructions for their use or the usual purpose of their use,
   • if this is apparent from the nature of the products.

   The buyer is not entitled to the right to claim for defects in the products if, before taking delivery of the products, the buyer knew that the products were defective, if the buyer caused the defect or if an external event caused the defect.

5. In the event of a defect, the buyer is entitled to claim the following from the seller as part of the claim:
• exchange for new products,
• repair of the products, if objectively possible,
• a reasonable discount on the purchase price,
6. The buyer has the right to withdraw from the contract:
• if replacement of the products with new ones or repair is not possible,
• if he/she cannot use the products properly due to the recurrence of the defect or defects after repair,
• in the event of multiple product defects,
• if the defective performance is a material breach of the purchase contract.
7. The recurrence of a defect or defects after repair shall be deemed to have occurred if the same remediable defect has occurred after a third repair claim or a different remediable defect has occurred after a fourth repair claim. A greater number of product defects means at least three defects at the same time. A breach of the contract of sale is deemed to be material if the breaching party already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract of sale if it had foreseen the breach.
8. When making a claim, the buyer is obliged to tell the seller what right he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable.
9. If repair or replacement of the products is not possible, the buyer is entitled to claim a full refund of the purchase price upon withdrawal from the contract.
10. If the Seller proves that the Buyer knew about the defect of the products before acceptance or caused it himself, the Seller is not obliged to satisfy the Buyer's claim.
11. The Buyer cannot claim discounted products for the reason for which the products were discounted.
12. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of handling the claim the Buyer requires, as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.
13. The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time, appropriate to the type of product, required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline shall be deemed a material breach of the purchase contract and the buyer shall have the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of will of the buyer (exercise of the right of defective performance) reaches the seller.
14. The Seller shall inform the Buyer in writing of the outcome of the claim.
15. The rights and obligations of the contracting parties regarding the rights from defective performance not expressly regulated above are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. The provisions on the Buyer's rights arising from defects in products set out in these Terms and Conditions shall not affect the Buyer's rights arising from mandatory provisions of the Civil Code to the extent that they are more favourable to the Buyer, if any.

 

VIII.

Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.

 

IX.

Personal Information

1. All information provided by the buyer when working with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the buyer's information will not be used by the seller other than for the purpose of performing under the contract, except for the email address to which business communications may be sent, as this practice is permitted by law, unless expressly refused. These communications may only relate to similar or related products and may be opted out of at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
2. For more detailed information on data protection, please refer to the Privacy Policy.

 

IX.

Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No.2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The Seller is authorised to sell products on the basis of a trade licence. The trade control is carried out by the competent trade authority within the scope of its competence. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

 

X.

Final Provisions

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1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. The Seller and the Buyer hereby agree to the exclusive jurisdiction of the courts of the Czech Republic to adjudicate any disputes arising out of the purchase contracts of which these Terms and Conditions are a part. This is without prejudice to the rights of the consumer under generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative impact on its operation and shall not perform any activity that could allow him or third parties to interfere with or make unauthorized use of the software or other components that make up the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.
5. The purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The term product used in these terms and conditions corresponds, in the relevant context, to the terms goods or thing used by generally binding legislation, in particular the Civil Code.
7. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
8. The Seller may change or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
9. Attached to these terms and conditions is a sample withdrawal form.

 

 

These terms and conditions shall take effect on 20.8.2021