TERMS AND CONDITIONS
of the company METALSHOP.CZ, s. r. o., based at 174 Bystřice, district of Frýdek-Místek, ZIP Code: 73995, identification number: 28574699, under file number C 32711, headed by Regional court in Ostrava
1. Introductionary Provisions
1.1. These Terms and Conditions (from now on "the Terms") govern mutual rights and obligations of the Seller and the Customer in accordance with statute of §1751 of paragraph 1 of the Law n. 89/2012 Sb., the Civil Code. It also governs the rights and obligations of the Provider and the User related to User's account.
1.2. Considering the Terms there are used the terms with capital letter at the beginning with following:
the seller according to the statute of §2079 of the Civil Code, hereafter METALSHOP.CZ, s.r.o.
the customer according to the statute §2079 of the Civil Code
the purchase contract concluded between the Seller and the Customer
anyone who out of the scope of his business, or occupation concludes the Contract with the Seller
We see website as the program, the application respectively, that is available online via www.metalshop.cz. Its main function is possibility to show, choose, and order products by the User.
It is a part of the website that is generated automatically by the Costumer's activation of several functions including adding, taking away and modifying the amount of products
the person enabling usage of the User's account; METALSHOP.CZ, s.r.o.
a part of the website that is available to one particular User, it is established via Registration and available after confirming the access data
a person using the User account
2. User account
2.1. The User is entitled to create an User account on the Website to make ordering of products easier.
2.2. The User creates the User account the following way: He fills in at least the necessary data on the Website, especially his first name, surname, billing address, email address, login, and password, and he saves these data. At the same time he has to agree with the Terms and with personal data processing (from now on "the Registration").
2.3. We consider the entered data in the User account true and complete. The responsibility for potentional faults lies on the User only.
2.4. The access to the User account is restricted by sign up data, which are login, and password (from now on "the sign up data"). The User and the Provider are both obligated to keep these data private.
2.5. The user is not entitled to allow other people to use his User account.
2.6. The provider is allowed to cancel the User account, especially in the case of inactivity of the User longer than one year, or if the Customer violates his rights related to the Contract, including the Terms.
2.7. The User is aware of the possibility that his account may be sometimes unavailable, especially in the case of the Provider's software and hardware maintenance, or the third party's hardware and software maintenance.
2.8. There are similar restrictions for the User as in paragraphs 9.9., and 9.10.
3. Concluding the Contract
3.1. All the products on the Seller's Website is only informative and the Seller is not obligated to conclude the Contract related to these products. Statute § 1732 of the Civil Code cannot be used.
3.2. If the Customer wants to order the products, he has to enter them into the cart stating the amount of the product, and then fill in the form on the Website, which includes:
- a) information related to the ordered products, its amount,
- b) information related to payment of the price,
- c) information related to the delivery, and
- d) information considering the expenses related to the delivery,
- e) information considering the name and surname of the Customer, his billing address, his email address. If the Costumer is identical with the User, these data are entered automatically (from now on "the Order").
3.3. It is possible to check and modify the entered data, including the possibility to find out and correct potentional mistakes made at the Order.
3.4. The order is definite when the Customer pushes the button "Order", this is the Offer (from now on "the offer") and it is bidding for the Customer.
3.5. The Seller confirms the Order immediately to the Customer via email. The Seller sends the confirmation to email address of the Customer entered into the User account, or at the Order. When the Seller confirms the Order, it is acceptance of the Contract (from now on "Acceptance").
3.6. It is possible to conclude the Contract in the Czech language.
3.7. The Contract is archived by the Seller for five years in electronic form. The Customer may access it via his User account.
3.8. Property rights are transferred to the Customer at the moment of paying all the price of the product, as it is stated in the Contract.
4. Payment Conditions
4.1. The Website includes information about the products, including the price of the products (from now on "the Price"). The price includes VAT and all the other fees. The Price is valid when published on the Website. This does not affect the possibility of the Seller to conclude the Contract individually.
4.2. The Customer is obligated to pay the Price of the product including the wrapping and shipping expenses, as well as the delivery at the agreed amount. If it is not stated other way, the Price already includes the wrapping and shipping expenses.
4.3. The expenses for remote communication means do not affect the Price, and the Seller can charge only transport.
4.4. The Seller is entitled to require full or partial payment before shipping of the product to the Customer. The statute of §2119, paragraph 1 of the Civil Code is not effective in this case.
4.5. The Price can be paid to the Seller in following ways:
- a) in cash at the personal purchase,
- b) in cash at the place stated by he Customer at he Order in case of the delivery according to the article 5.1c),
- c) by direct debit via PayPal and GoPay systems,
- d) by direct debit at the personal purchase,
- e) by direct debit via online payment device.
4.6. The Customer states the payment method at the Order.
4.7. The Customer may change the method only if the Seller agrees with the change. This change must be proposed to the Seller in writing and delivered to his email address, or billing address.
4.8. The Seller stipulates the right to prohibit the payment method to the Customer, as the methods are mentioned in paragraph 4.5.
4.9. In case of payment in cash or by credit card, the Price is collectable at the moment of purchase. In the case of direct debit, the Price is collectable in fourteen days since the concluding of the Contract. If the price is not paid as collectable, the Customer is considered to back out.
4.10. In case of direct debit to the Seller's account, the Customer is given variable symbol at the acceptance at the latest. The Customer is obligated to pay the price and state this symbol.
4.11. In case of direct debit is the obligation to pay the price fulfilled at the moment of money transfers to the Seller's account.
4.12. If there are any discounts provided to the Customer by the Seller, they cannot be fused.
4.13. If it is common in business, or if it is stated by the regulations, the Seller will issue the invoice to the Customer considering payments related to the Contract.
5. Delivery Conditions
5.1. The Seller allows these methods of the delivery:
- a) personal purchase at the Seller's premises,
- b) personal purchase at the place stated by the Seller on the Website (from now on "place of delivery"),
- c) delivery to the Customer to the place stated at the Order by the freight forwarder
5.2. In case of specially required transport, the Customer bears the risk and additional expenses related to transport.
5.3. If the Seller is obligated to deliver the product to the place stated at the Order by the Customer, then the Customer is obligated to take over the product at the delivery. In case of personal purchase the limit for take-over is ten workdays.
5.4. If the take-over is agreed by delivery, the Seller fulfilles his duty to pass on the product when he passes on the product to the first freight forwarder. If the Customer is a Consumer, then the Seller fulfills his duty to pass on the product to the Consumer's hands. It is not effective when the Consumer requsted the freight forwarder which was not offered to him by the Seller.
5.5. The Seller or the freight forwarder may require identification of the Customer, which may be done by submitting identification card, or passport. The Seller is entitled to refuse to pass on the product.
5.6. If the Customer does not take over the product within the limit stated in paragraph 5.3 of the Terms, the Customer is obligated to pay the storage or re-delivery expenses. The Seller is entitled to sell the product, having warned the Customer by email and given him the appropriate time limit. Storage and re-delivery expenses may be requested to be paid by the Customer and the Seller is entitled to count in the expenses.
5.7. The Seller is obligated to deliver the products and allow the Customer to dispose with the product in fifteen days since the concluding the Contract, unless it is stated differently. If the product is indicated as "in stock", the Seller sends the product in two workdays since the concluding the Contract at the latest.
5.8. In case of direct debit to the Seller's account, payment via pay system or online payment device, the Seller is obligated to deliver the product to the Customer in fifteen days since the Customer fulfilled his duty to pay the Price of the product, unless it is stated differently. If the product is indicated as "in stock", the Seller sends the product in two workdays since the payment at the latest.
5.9. If the Seller does not fulfill his duty to deliver the product in accordance with paragraphs 5.7, or 5.8, the Customer will notice him to deliver the product in appropriate time limit. If the Seller does not fulfill his duty in the limit, the Customer is entitled to back out of the agreement.
5.10. Documents related to the products, especially invoice, certificates are sent to the Customer by the Seller in two days since take-over of the product.
6. Transfer of the risks
6.1. If the product is purchased at the premises of the Seller or at the place of delivery, the risks of damage is transferred to the Customer at the moment of take-over of the product, or the moment the delivery was about to be delivered and the Customer is informed that he can dispose with the product.
6.2. If there is freight forwarder agreed at the delivery, the risk is transferred to the Customer, when the product is passed on to the first freight forwarder in accordance with the Contract. If the Seller is obligated to pass on the product at the particular place, then the risk is not transferred to the Customer unless it is passed on to the freight forwarder at the place. The Seller is entitled to keep the documents related to the product, but this does not affect the transfer of risks. If the Consumer is the Customer, the risk is transferred at the moment of passing on of the product to his hands, this is not effective when the Consumer requsted transport by freight forwarder that was not offered to him by the Seller.
6.3. The risk is not transferred to the Customer unless the product is marked in accordance with the Contract, by product marks, equipped with the documents, or the Customer is informed of any other method.
6.4. The Customer is obligated to pay the Price, even if the product was damaged, or lost when the risks have already been transferred to him, unless the loss and damage were caused by the Seller violating his obligations.
7. Faulty performance, warranty, reclamation
7.1 The rights and obligations of the sides of the agreement are governed by the law, especially by the statutes of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the law n. 89/2012 Sb., the Civil Code.
7.2 The Customer inspects the product as soon as possible after the transfer of the risks, and checks the characteristics and amount, checks the integrity of the wrap. If he finds any fault, he is obligated to inform the Seller, or the freight forwarder immediately, and the Customer is entitled not to take over the product. If the Customer takes over the faulty product, he has to depict the faults in the protocol. If he does not do this, his rights related to faulty performance expire.
7.3 The Seller guarantees to the Customer that the product is not faulty at the delivery. At the take-over the product:
7.3.1 can be characterised by the properties agreed by both sides on, or by the properties described by the Seller, or expected by the Customer with respect to the promotion and character of the product, if the agreement is missing,
7.3.2 can be used to the purpose stated by the Seller, or to the purpose which it is commonly used to
7.3.3 corresponds to the sample or specimen with its quality, if the quality was determined this way,
7.3.4 is of propper amount, measures, or weight, and
7.3.5 is in accordance with the law.
7.4 If the fault occurs within six months after take-over, it is considered to be present at the take-over.
7.5 The fault is the significant violanting of the Seller's obligations, if the Seller was aware or had to be aware that the other party would not conclude the Contract, if he could expect the fault. In other cases, it is not significant violation.
7.6 If the faulty performance is significant violation of the Contract, then the Customer is entitled to request new delivery, repair, reasonable discount, or back out of the Contract.
7.7 If the faulty performance is not significant violation of the Contract, the Customer is entitled to request repair, or reasonable discount.
7.8 The Customer is obligated to apply the fault at the Seller immediately after he could find it having checked and cared of the product. If the fault is hidden, the Customer is obligated to apply the fault at the Seller immediately, when he could find it, in two years at the latest. At the reclamation or immediately after it, the Customer informs the Seller about the method of the reclamation he chose. If he does not do it in time, then he is entitled to reclamation in accordance with paragraph 7.7, even if the fault is significant violation of the Contract.
7.9 These rights can be executed at the Seller's premises, if it is possible in respect to scope of the products being sold, or at the place where it is based, or other premises. Or the Customer must apply his rights at the party authorised to the repair that is stated in certificate by the Seller, if it is closer to the Customer. The reclamation is considered applied at the moment of its take-over.
7.10 Reclamation does not affect the obligation of the Customer to pay for the product. The statute of § 2108 of the Civil Code is not effective. This paragraph cannot be used if the Consumer is the Customer.
7.11 The Customer cannot either back out, or request a new delivery, if he cannot deliver the product in state of take-over. This is not effective:
7.11.1 if the changes are result of the inspection performed to find faults,
7.11.2 if the Customer used the product before the discovering the fault,
7.11.3 if the Customer did not cause the impossibility to reclaim the product in unchanged state by activity, or pretermission, or
7.11.4 if the Customer had sold the product before finding the fault, had consumed it, or had modified the product at the usage, if it happened only partially, the Customer reclaims only what he can reclaim, and will refund the Seller up to the extend he made use of the product.
Rights related to faulty performance in respect to the legal obligations
7.12 The Customer is entitled to apply the fault right, if the fault occurs in twenty-four months after take-over, unless it is a product at the lower price if the fault is the reason of the lowered price, wear caused by the casual usage, in case of used product to the fault appropriate to its usage and wear, that the product had at the take-over, or it implies from the nature of the product.
7.13 If the product does not have the characteristics mentioned in paragraph 7.3, the Customer may require even a new product without faults, as long as it is reasonable in respect to the nature of the product. If the fault involves only part of the product, the Customer require exchange of the part; if it is not possible, the Customer may back out. If it is unreasonable in respect to the nature of a fault, especially if it is possible to repair the fault, the Customer is entitled to require free repair.
7.14 The Customer is entitled to require a new product, exchange of the part, even if the fault may be repaired, if he cannot use the product due to repeated occurence of the same fault, or more faults at the same time. In that case, the Customer is entitled to back out.
7.15 If the Customer does not back out, or does not apply the right of a new product, exchange of the part, or repair, he may require the discount. The customer is entitled to require the discount even in case the Seller cannot deliver a new product, exchange the part, or repair it, and in case the Seller does not react in reasonable time limit, or the reclamation would cause discomfort to the Customer that is the Consumer.
7.16 The customer is not entitled to apply for the right, if he knew about the fault, or he caused it.
7.17 If there is stated any limit within the product can be used for casual usage, the Seller guarantees that the product will be eligible to use for this time, or it will keep its properties. If there are more limits, the longest of them is effective. But the agreement of the parties is priority.
7.18 The rights related to the faulty performance within the obligation in paragraphs 7.12 to 7.17, including the right to back out in accordance with paragraph 8.4, will not be effective, if the Customer is an entrepreneur and it is obvious that the purchase is related to his business at the concluding the Contract.
8. Back out of the Contract
8.1. The Seller is entitled to back out of the Contract, if the product is not in production any longer, is not delivered, or its price has significantly changed.
8.2. If there are money to be refunded to the Customer in relation with the back-out, the Seller will refund them using the same method the Customer did when he paid.
8.3. If there is a gift related to the Contract, there must be a deed of gift concluded where there is a resolutory condition that in case of back out this deed is not effective and the Customer is obligated to return the gift.
8.4. The Customer is entitled to back out of the Contract in accordance with the paragraphs 7.6 and 7.14.
Back out of the Contract by the Consumer
8.5. The Consumer is entitled to back out of the Contract within fourteen days. There are different properties according to the type of the Contract:
8.5.1. If it is a purchase contract, then the course starts on the day of take-over.
8.5.2. If it is a contract that involves several types of the products, or delivery of several parts, then the course starts on the day of the last delivery.
8.5.3. If it is a contract that involves regular delivery of the products, then the course starts on the day of the take-over of the first delivery.
8.6. The Consumer takes into account that in accordance with the statute of § 1837 of the Civil Code he cannot back out of the Contract of the delivery, that was modified according to his wish, that is perishable, or the product which was unwrapped and it is not possible to refund it, delivery of the sound or video recording, or the software which was unwrapped, delivery of the newspaper, magazines, or delivery of the digital content, unless it was delivered on the physical carrier and was delivered with the previous agreement of the Consumer prior the end of the course for back-out.
8.7. If the Consumer wants to back out of the Contract, he may use the form provided by the Seller that is enclosed to the Terms. The back-out form must be sent to the email address of the Seller: email@example.com, it will be confirmed to the Consumer immediately in writing.
8.8. The back out must be done immediately, in fourteen days at the latest the Consumer must deliver or pass on the product that he received. The Consumer is aware of the fact that he shares costs of the back out. The product must be returned clean, in original cover, including all the accessories and intact. If the product is not intact, the Seller is entitled to unilaterally figure in the claim for damages in accordance with this paragraph.
8.9. In fourteen days since the back out the Seller must refund the Consumer all the funds received from him, including the expenses of the cheapest transport. The Seller is not obligated to refund the Consumer sooner than the Consumer proved that he has already sent the product, or the Seller will receive it. The Consumer agrees that he will be refunded by the same method he used for payment.
8.10. The Consumer is entitled to back out of the Contract in accordance with the paragraph 5.9.
9. Private data protection
9.1. Private data protection of the Customer is governed by the law n. 101/2000 Sb., of the personal data protection, in accordance with later regulations.
9.2. The Customer agrees with the following personal data: name and surname, billing address, identification number, VAT identification number, email address, phone number, account number, IP address (from now on "the personal data")
9.3. The purpose of the personal data processing is the realization of the rights and obligations related to the Contract, including delivery and payment, providing the User account and marketing needs of the Seller. If the Customer does not agree with processing of some of the personal data, it is not obstruction in concluding the Contract.
9.4. The Customer's personal data will be processed for indefinite time either in electronical form, or in writing.
9.5. The Customer is aware of his obligation to fill in the true and complete data at the registration of his User account. If there are any changes in the data, the Customer is obligated to inform the Seller about these.
9.6. The Seller is entitled to delegate the personal data processing to the third party as the processor. The Seller must keep the data of the Customer private, only freight forwarder and payment can be exception.
9.7. The Customer is entitled to approach his personal data. The Seller is entitled to charge reasonable price for personal data processing, but these expenses must not be higher than the necessary expenses. If the Customer considers his personal data to be processed badly or in contradiction with the law, the Customer is entitled to request explanation of the processed personal data in sense of paragraph 9.6. The Customer is entitled to request correction of the detrimental situation.
9.8. The Customer is entitled to cancel his agreement with Personal data processing anytime.
Sending the newsletters and storing the cookies
9.9. If the Customer does not claim differently at the order, the Seller consider that he agreed with the sending of newsletters related to the services, products, or the premises of the Seller. The Customer is entitled to cancel his agreement anytime, this must be done in writing at the Seller's billing address, or via the link at the end of the newsletter.
9.10. The Provider informs the User that he processes the cookies in accordance with statute of § 89 paragraph 3 of the law n. 127/2005 Sb., of the electronical communication, including permanent cookies files, and the User agrees with that. The agreement is valid for 10 years.
9.11. The Customer is entitled to cancel his agreement with cookies processing by setting of his browser.
9.12. The Provider processes cookies of the User to improve the Website and personalization of the content and commercials, providing functions of the social media and analysis of the visit rate.
10. Electronic Registration of Sales
10.1. "The Seller is obligated to provide to the Buyer a bill for the purchase made accordingly to the Czech Law on the Electronic Records of Sales (EET). The Seller is at the same time also obligated to register the received payment online by the Tax Administrator; in case of a technical failure in no more than 48 hours."
11. Final Provisions
11.1. The rights and obligations between the Seller and the Customer are governed by the law system of the Czech Republic, especially by the Civil Code.
11.2. There are no moral codexes of behaviour between the seller and the customer in sense of §1816, paragraph 1, letter e) of Law 89/2012 Sb., the Civil Code.
11.3. In case of the Registration of the User all the conditions of the statue § 1752 paragraph 1 of the Civil Code are fulfilled and the Seller is entitled to unilaterally modify the Terms. This does not effect the rights and obligations that came into existence before the changes. The changes must be published on the Website and/or via email address in the Website database. The User is entitled to refuse these changes in three workdays since the first login to the User account after the changes (if the changes are published on the Website), or since the delivery of the mail to his email address (if the changes are published by email), and to denounce the obligation in three days, which is the time long enough to get the similar product from the another supplier.
11.4. The Contact of the Seller: billing address METALSHOP.CZ, s.r.o., 174 Bystřice (premises of the former brickyard), 73995 Bystřice (district of Frýdek-Místek), email address: firstname.lastname@example.org, phone number: +420 603 214 233.
11.5. EU Commission prepared a platform for extrajudicial dispute resolution. Consumers have the opportunity to resolve disputes related to online orders first without the intervention of a judge. This dispute resolution platform is reachable under this external link: http://ec.europa.eu/consumers/odr/. However we are not obliged to and we are not going to participate in an alternative dispute settlements before out-of-court (no-judicial) entities accordingly to the EU Online Dispute Resolution regulation (http://ec.europa.eu/odr). If you have a complaint about the goods you've received, please contact us at email@example.com
11.6. The Terms come into force on 3.6.2016.