Terms and conditions
120 00 Praha 2
1. GENERAL PROVISIONS
1.1. These E-shop business terms and conditions (the “Conditions”) govern the legal relationship originating from purchase contracts between Geek s.r.o. with registered office at Vinohradská 93,120 00, Praha 2, Company ID No.: 01938495, registered in the Commercial Register maintained by the Prague Regional Court, Section C, File No. 213660 (the “Seller”) and the Buyer (which includes both consumers and other customers). All contractual relationships are entered into pursuant to Czech law. If the Buyer is a consumer (i.e. any individual who, outside of his or her business activities or separate course of business, enters into a contract or has dealings with the entrepreneur), then the relations not specifically governed by these Conditions are governed by the Civil Code (Act No. 89/2012 Coll.), and the Consumer Protection Act (Act No. 634/1992 Coll.). If the Buyer is not a consumer, then the legal relationship based on a contract outside of these Conditions is governed by the Civil Code (Act No. 89/2012 Coll.).
1.2. Terms and conditions do not apply to cases where a person is buying goods from the seller is a legal entity or person who is ordering goods within their business.
1.3. Provisions diverging from the terms and conditions is possible to arrange in the purchase agreement. Divergent arrangements in the contract have a priority before the terms of trade.
1.4. Provisions of trade conditions are a part of the purchase contract.
1.5. Seller may change and admend the conditions of trade. Rights and obligations are not concerned by this provision. They are made after the effective period of the previous version of conditions of trade.
2. USER ACCOUNT
2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods ( “user account”). In case that the web interface allows that buyers can also order goods without registration directly from the web interface of the business.
2.2. During the registration on the website and ordering, buyer is obliged to note true and correct information.Information filled in the user account needs to update.
2.3. The user account is secured by a username and password. The buyer is obliged to maintain confidentiality, because of information which are necessary to access the user’s account.
2.4. Buyer is not allowed to approve to use user account to third parties.
2.5. Seller can cancel the user account, especially in that case when buyer does not use his user account more than 1 year, or when the buyer violates his obligations in the purchase contract (terms and conditions included).
2.6. Buyer knows that user account doest not have to be available all the time, especially because of the necessary maintenance of hardware and software equipment of the seller or the third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. Every item of goods in the web interface is only presentation to inform the customers, the buyer is not obliged to conclude the purchase contract.
3.2. Web interface of eshop has the information about goods and about prices of goods. Prices are made with taxes and the other fees. Prices are valid as long you can see it in the web interface. Seller can conclude the purchase contract individually negotiated.
3.3. Web interface of eshop has the information about packaging and shipping costs. The information about packaging and shipping costs is written in the web interface of eshop and it is valid only in the cases where the goods is delivered in Czech Republic territory.
3.4. For an order, buyer fills the order form in the web interface. The form contains especially information about :
3.4.1. ordered goods (ordered goods “insert” in the shopping bag in the web interface)
3.4.2. payment method of the purchase price of goods, information about the method of delivery of ordered goods
3.4.3. information about delivery costs ( „Order“).
3.5. Before sending the order to the seller, the buyer is allowed to check and modify data in order. Order is sent by clicking on “Submit Order” Seller considered the data to be correct. Seller confirms the order and sends an email to the buyer to the electronic address written in the user interface or in the order.
3.6. Seller has the right, depends on the order, (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order.
3.7. The contract between the seller and buyer is made while the the seller sends an email with confirmation of the order to the electronic adress of the buyer.
3.8. Buyer agrees to use the communications tools during the concluding the purchase contract. The costs made during the concluding the purchase contract (internet access costs, telephone costs) are payed by the buyer. This costs are not different from the standart rate.
4. PRICE AND PAYMENT
4.2. With the purchase price, the buyer is obliged to pay also the costs with packaging and delivering of goods which are in the contract. In the purchase prize are also included delivery costs.
4.3. Seller does not require the deposit or any other payment.
4.4. Prize is needed to pay within 14 days from the purchase contract.
4.6. The seller may require payment of the full purchase price before sending the goods to the buyer when the buyer does not confirm the order.
4.7. The discounts of the price of goods are not possible to combined.
4.8. On the basis of contract the seller make an invoice. Seller make an invoice after the payment of the goods and send it to the electronic address of buyer.
5. RIGHT OF WITHDRAWAL
5.1. Buyer knows that it is not possible to withdraw from the purchase contract of the goods delivery, that have been modified according to the buyer´s wishes, from the purchase contract where was the goods mixed with the other goods, from the purchase contract of perishable goods delivery, or the goods closed in the package, which was opened and it is not possible to return it because of hygienic reasons and from the purchase contract of audio or video recordings or computer program, where the original packaging was breached.
5.2.If this is not the case when you can not withdraw from the contract, the buyer has the right to withdraw from the contract within 14 days of receipt of goods.If the subject of the purchase contract is several kinds of goods, this period is valid from the date of the last delivery of the goods.Withdrawal from the purchase contract must be sent to the seller in the period written in the last sentence. For withdrawal from the contract the buyer may use the model form provided by the seller which is the attachment of the terms and conditions.The withdrawal can be sent to the address of the seller or to the electronic address of the seller.
5.3. In case of withdrawal from the purchase contract is the contract canceled from the beginning. Goods must be returned to the seller within 14 days from the withdrawal. If the buyer withdraws from the contract, he must pay the costs arises in returning process.Even if the goods can not be returned usual postal route.
5.4. In case of withdrawal from the purchase contract the seller is obliged to send the refund within 14 days to the buyer the same way as the buyer sent it .Seller is obliged to return the refund at the time of goods returning or the other way if the buyer will agree and the other costs will not be made. If the buyer withdraws from the contract, the seller is not obliged to return the money to seller earlier than the buyer returns the goods or shows that he already sent the goods to seller.
5.5. Claims for damage to goods, the seller has the right to refund of the purchase price.
5.6. Until the buyer receives the goods, the seller has the right to withdraw from the contract. In this case, the seller returns the purchase price to the buyer, without any delay, to the buyer´s bank account .
5.7. If the seller send the gift with the goods,the gift contract between seller and buyer is
entered with some condition, when the buyer withdraws the contract he is obliged to return the goods and the gift as well.
6.1. In the case that the method of transport is arranged on the basis of buyer´s special request ,the buyer has the risk and he has to pay additional costs included in this form of transport.
6.2. If the Seller, according to the contract, is obliged to deliver the goods to the place where the buyer needs,the buyer is obliged to pick up the goods.
6.3. In case that it is necessary to deliver the goods repeatedly or the other way,the buyer is obliged to pay the other costs associated with the other delivery method.
6.4. When the buyer picks up the goods from the forwarder.the buyer is obliged to check the integrity of the package. In case there is some defect or fault it is necessary to tell it to forwarder.If the package is broken, the buyer does not have to pick up the goods.
6.5. Other rights and obligations of the parties can modify the special deliver conditions of the Seller in the transport.
6.6. The parcel can be delivered to the address written in the user account or in the order.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1.The rights and obligations of the parties relating to the rights of defective performance shall be governed by the relevant legislation.
7.2. Seller guarantees to the buyer that the goods does not have any defects. Especially the seller guarantees that at the time when the buyer received the goods :
7.2.1.the goods has arranged properties and when something is missing, the goods has properties that the seller wrote or the buyer expected,depends on type of goods and commercial.
7.2.2. the goods is for that purpose, which the seller states or for purposes which is this type of goods normally used
7.2.3. the goods correspond to the sample or template
7.2.4.the goods in the right quantity, measure od weight and
7.2.5. the goods comply with the legislation.
7.3. The provisions referred to in Article. 7.2 terms and conditions is not applied to goods sold for a lower price because of defect. The defect makes the price. The defect was made during the normal use or the defect which the goods had when the buyer recieved the goods.
7.4. In case there is a defect within six months of receipt, it is considered that the goods were defective at the time of the receip.
7.5. The buyer submits the rights of defective performance at the address (place of business) of the seller, in which it is possible to accept a claim with respect to the range of goods. Complaint arises when the seller receives the claimed goods from the buyer .
7.6. Other rights and obligations of the parties relating to the liability of the seller for defects can modify the claims procedure of seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. When the buyer paid all purchase price, he becomes the owner of goods.
8.2. Seller is not in relation to the buyer bound by no codes of conduct
8.3.Seller provides the court complaint of consumers by the electronic address. The information about the complaint of the buyer is sent by the seller to buyer’s email address.
8.4. Seller may sell the goods, if he owns the business license.The control of business license usualy do the relevant trade office.Supervision privacy is exercised by the office for Personal Data Protection.Czech Trade Inspectorate supervises the compliance with the Act no. 634/1992 Coll., On consumer protection.
8.5. The buyer hereby the risk of changing circumstances.
9. PERSONAL DATA PROTECTION
9.1. Privacy of the buyer´s personal information is provided by Act no. 101/2000 Coll., on personal data protection.
9.2. Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number ( “personal data”).
9.3. Buyer agrees to the processing of personal data by the seller for the purpose of implementation of rights and obligations of the contract and for the purposes of maintaining a user account. If the buyer does not select another option, consent to the processing of personal data by the seller, also for the purpose of sending commercial messages and information to the buyer. Consent to the complete processing of personal data, according to this article, is a condition that would prevent purchase contract.
9.4. The buyer knows that he is obliged to give their personal information (when registering, in your user account, when ordering from the web interface of the shop) correctly and truthfully. The buyer is obliged to inform the seller about changing their personal data.
9.5.The third party may process personal data of the buyer.Except the forwarder,the personal data will not be (without the consent of the buyer) forwarded to the third parties.
9.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form by non-automated manner.
9.7. Buyer confirms that the personal data are correct and knows that he voluntarily provides the personal data
9.8. If the buyer thinks that the seller or the other person process his personal data the wrong way, in the inconsistent with the protecion of private and personal life or against the law, especially when the personal data is incorrect considering the purpose of the processing, the buyer can:
9.8.1. ask the seller or processor for an explanation,
9.8.2.require the seller or processor to correct the situation.
9.9. If the buyer requests the information about the processing of their personal data, the seller is obliged to give him this information. Seller has the right, because of providing the information, to require adequate compensation, which shall not exceed the cost of providing this information.
10. SENDING OF BUSINESS INFORMATION AND COOKIES SAVING
10.1. Buyer agrees to receive information related to goods, services or company of the seller to the buyer’s email address.Buyer also agrees to receive seller´s commercial communications to buyer’s email address
10.2. Buyer agrees to save cookies on his computer. In the case that the purchase on the website can be made and fulfill the obligations of the seller in the purchase contract, exept saving cookies on the buyer´s pc, buyer may at any time revoke the consent according to the previous sentence.
12. FINAL PROVISIONS
12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the the generally binding legislation.
12.2. If any provision of the terms and conditions is invalid or unenforceable, it will used the closest provision to the invalid provision. The invalidity or unenforceability of one provision is not associeted with the other provisions. Changes and amendments of the purchase contract or trading conditions require written form.
12.3. The purchase contract, terms and conditions included, is archived by the seller in electronic form and it is not accessible.
12.4. Attachment of trading conditions makes model form for withdrawal from the contract.
12.5. Contact address : Geekshop.eu, Vinohradská 93, 120 00 Praha 2
In Prague 1. 1. 2014