Terms and Conditions
of the ALL DOUBLE s.r.o. company,
head office: Příkop 838/6, 602 00 Brno,
trader identification: 060 52 428
registered in the Commercial Register of the Regional Court in Brno, section C, number 99607,
for the purposes of sales of goods via the online store accessible at www.alldouble.cz
1. INTRODUCTORY PROVISIONS
1.1. In accordance with provision § 1751, section 1 of Law No. 89/2012 Coll., these Terms and Conditions (hereinafter referred to as „Terms and Conditions") of the ALL DOUBLE s.r.o. company, head office: Příkop 838/6, 602 00 Brno, trader identification: 060 52 428, registered in the Commercial Register of the Regional Court in Brno, section C, number 99607 (hereinafter referred to as „Vendor") regulate the rights and obligations of the contracting parties arising in relation to or on the basis of a purchase agreement (hereinafter referred to as "Contract") between the Vendor and another natural person. The Vendor operates the Internet store on a website accessible via the URL www.alldouble.cz (hereinafter referred to as „Website") by the means of a web interface (hereinafter referred to as „Web Interface of the Store").
1.2. These Terms and Conditions do not apply to such cases where a person who has the intention to purchase goods from the Vendor is a legal person or a person who at the time when the order is placed acts in the course of their business or their self-employment.
1.3. It is possible to contractually agree on provisions that deviate from the Terms and Conditions. Such deviating contractual agreements shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. The Contract is to be concluded in the Czech language.
1.5. The Vendor has the right to modify these Terms and Conditions and make amendments to them. The rights and obligations that arose during the period of effectiveness of the previous version of the Terms and Conditions remain untouched by this provision.
2. USER ACCOUNT
2.1. Following their registration on the Website, the Buyer is able to access their user interface. From their user interface, they are able to place product orders (this is hereinafter referred to as „User Account"). In case the Web Interface of the Store provides for this option, the Buyer will also be able to place product orders without a registration, directly from the Web Interface of the Store.
2.2. When registering on the Website, the Buyer is obliged to provide correct and truthful information in its entirety. The user is obliged to update the information in the User Account in case of any change. The Vendor shall deem all information provided by the Buyer in their User Account correct.
2.3. The access to the User Account is protected by a combination of user name and password. The Buyer shall be bound by confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not permitted to enable third parties to make use of their User Account.
2.5. The Vendor has the right to delete User Accounts, particularly in cases where a Buyer has not used their User Account for more than 1 year or in cases where a Buyer has violated their obligations arising from the Contract (including the Terms and Conditions).
2.6. The Buyer takes cognizance of the fact that the User Account does not have to be accessible continuously, particularly in view of the fact that maintenance of the hardware and software equipment of the Vendor or maintenance of the hardware and software equipment of third parties may be necessary.
3. CONCLUSION OF CONTRACT
3.1. Any product presentation which is placed on the Web Interface of the Store is only of an informative nature and the Vendor is not obliged to conclude a Contract regarding this product. Provision § 1732 section 2 of the Civil Code shall not be applicable.
3.2. The Web Interface of the Store contains information on each product, including their prices. The prices listed are final prices and they include all relevant fees with the exception of fees related to the packaging and shipment of the goods which are listed separately. The prices for each product remain valid for the duration over which they are displayed on the Web Interface of the Store. This provision does not restrict the possibility to conclude a contract at individually agreed conditions.
3.3. The Web Interface of the Store also contains information on the cost related to the packaging and shipment of goods. The information on the cost related to the packaging and shipment listed on the Web Interface of the Store only applies in cases where the goods are shipped within the territory of the Czech Republic, unless stated otherwise.
3.4. In order to place a product order, the Buyer shall fill in the order form in the Web Interface of the Store. In particular, the order form must contain the following information:
• the products that are being ordered (the Buyer "adds" the products that they want to order into the electronic shopping cart of the Web Interface of the Store),
• the method to be used to pay the purchase price of the goods, information on the requested shipment method for the products ordered and
• information on the cost related to the shipment of the goods (These points are hereinafter jointly referred to as "Order").
3.5. Prior to sending an Order to the Vendor, the Buyer shall have the option to review their Order and modify the information that they previously entered. This includes the possibility for the Buyer to identify and correct errors that they may have made when they entered the information into the order form. The Buyer will send the Order to the Vendor by clicking the "complete order" button. The Vendor shall deem the information provided in the Order correct. Following the receipt of the Order, the Vendor shall immediately send a confirmation of receipt to the Buyer via electronic mail, more specifically to the email address of the Buyer which has been provided in the User Interface or in the Order (hereinafter referred to as „Email Address of the Buyer ").
3.6. In dependence on the nature of the Order (the product quantity, the purchase price, the expected shipment price), the Vendor shall always have the right to request the Buyer to provide an additional Order confirmation (e.g. in writing or via phone).
3.7. A contractual relationship between the Vendor and the Buyer is established when the acceptance of the Order, which is sent to the Buyer via email, is delivered to the Email Address of the Buyer.
3.8. When concluding the Contract from their end, the Buyer agrees to the use of means of distance communication. The Buyer bears any costs incurred in relation to the use of means of distance communication for purposes of Contract conclusion (internet connection costs, costs for phone calls) whilst these costs do not deviate from the basic rate.
4. PURCHASE PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The Buyer can use either of the following methods to pay the purchase price of the goods and any applicable costs to the Vendor that are related to the shipment of the goods:
a) cash on delivery at the address specified by the Buyer in the Order
b) cashless payment via the payment system on the Web Interface of the Store;
4.2. Along with the purchase price, the Buyer is obliged to refund the Vendor the expenses related to the packaging and shipment of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall hereinafter be understood as inclusive of the expenses related to the shipment of the goods.
4.3. The Vendor does not require any deposit or any similar kind of payment from the Buyer. The provisions of section 4.6 of the Terms and Conditions remain unaffected with regards to the obligation to pay the purchase price of the goods beforehand.
4.4. In case the Buyer decides to pay by cash on delivery, the purchase price falls due for payment on the receipt of the goods. In the case of cashless payment, the purchase price falls due for payment 7 days after the conclusion of Contract at the latest.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods under specification of the so-called variable symbol (Czech: variabilní symbol) of the payment. In the case of cashless payment, the obligation to pay the purchase price of the goods is met when the Vendor Account is credited with the respective amount.
4.6. The Vendor has the right to claim payment of the purchase price in full prior to shipping the goods to the Buyer, in particular in case that a sufficient order confirmation has not been received from the Buyer (section 3.6). Provision § 2119 section 1 of the Civil Code shall not be applicable.
4.7. Discounts on the purchase prices of the goods which may be offered by the Vendor must not be combined.
4.8. If common in the ordinary course of trade or if provided for in the general binding provisions of the legislation, the Vendor shall issue a document on the receipt of payment – invoice – to the Buyer with regards to the payments rendered on the basis of the Contract. The Vendor is not a VAT payer. The Vendor shall issue the document on receipt of payment – invoice – to the Buyer after the Buyer has paid the purchase price of the goods and send it in an electronic form to the Email Address of the Buyer.
4.9. According to the law on the registration of sales, the Vendor is obliged to register the payment received at the tax authority online. In case of technical failure, they must do so within 48 hours at the latest.
5. WITHDRAWAL FROM CONTRACT
5.1. The Buyer acknowledges that in accordance with provision § 1837 of the Civil Code it is among others not possible to withdraw from a Contract on the delivery of goods which was modified as per the wishes of the Buyer or for another person, from a Contract on the delivery of perishable goods and goods which have been irrevocably combined with other goods, from a Contract on the delivery of goods in a sealed packaging which the Buyer has removed from the packaging and which cannot be resealed for hygienic reasons and from a Contract on the delivery of audio or visual records or computer programs where the original packaging has been damaged.
5.2. Provided that the cases listed in section 5.1 or any other case in which a withdrawal from Contract is not possible do not apply, the Buyer shall in accordance with provision § 1829 section 1 of the Civil Code have the right to withdraw from the Contract within fourteen (14) days from the receipt of goods and in case that several types of goods or the delivery of several different parts were the subject matter of the Contract, the aforementioned period shall start from the day of receipt of the last delivery of goods. Any withdrawal from Contract must be sent to the Vendor in writing within the period stated in the previous sentence. For purposes of withdrawal from Contract, the Buyer may use the sample form provided by the Vendor. Among others, the Buyer may send the withdrawal from Contract to the Email Address of the Vendor.
5.3. In case of a withdrawal from Contract in accordance with section 5.2 of the Terms and Conditions, the Contract is cancelled in its entirety. The Buyer is obliged to return the goods to the Vendor within fourteen (14) days starting from the day of delivery of the withdrawal from Contract to the Vendor. If the Buyer withdraws from the Contract, they are obliged to bear the costs related to the return of goods to the Vendor, even in cases where, due to their nature, the goods may not be returned using the ordinary postal system. The Vendor will not accept goods returned via cash on delivery.
5.4. In case of a withdrawal from Contract according to section 5.2 of the Terms and Conditions, the Vendor shall refund the payments received from the Buyer using the same method through which the Vendor received the payment from the Buyer within fourteen (14) days starting from the withdrawal from Contract by the Buyer. The Vendor also has the right to refund the fulfillment provided by the Buyer at the time of the goods return by the Buyer or via a different method provided that the Buyer will agree to this and that this does not cause any additional expense to the Buyer. When a Buyer withdraws from Contract, the Vendor is not obliged to refund the payments received to the Buyer sooner than the goods are returned to him by the Buyer.
5.5. The Vendor has the right to unilaterally balance any claims for damages to the goods against the entitlement of the Buyer to a refund of the purchase price.
5.6. The Vendor has the right to withdraw from Contract at any time until the goods are accepted by the Buyer. In this case the Vendor shall refund the payments received to the Buyer via bank transfer on a bank account specified by the Buyer without any delay.
5.7. If the Buyer is provided with a gift along with the goods, the deed of donation between the Vendor and the Buyer shall be issued with a cancellation clause according to which the deed of donation of such a gift shall cease to apply in case of a withdrawal from Contract by the Buyer and the Buyer shall be obliged to return the provided gift along with the goods to the Vendor.
6. SHIPMENT AND DELIVERY OF GOODS
6.1. In case the shipping method has been agreed on the basis of a special request from the Buyer, the Buyer shall bear the risks and any additional costs that may arise from this shipping method.
6.2. From the Vendor's obligation to deliver the goods to the address specified by the Buyer in the Order arises the Buyer's obligation to accept the goods on delivery.
6.3. Should a repeated delivery attempt have to be made or should a shipping method different from the one specified in the Order become necessary for reasons which lie on the side of the Buyer, the Buyer shall be obliged to pay the costs related to the repeated attempts to deliver the goods or the costs related to a different shipping method.
6.4. The Buyer is obliged to check on acceptance of the goods from the carrier that the packaging of the goods is undamaged and report any damages to the carrier immediately. If it is found that the damaged packaging indicates that an unauthorized attempt was made to break in to the parcel, the Buyer shall not be obliged to accept the parcel from the carrier.
6.5. Further rights and obligations of the parties regarding the shipment of goods may be regulated via special conditions of delivery by the Vendor, provided that the Vendor issues these.
7. RIGHTS FROM DEFECTIVE FULFILLMENT
7.1. The rights and obligations of the contractual parties regarding the rights from defective fulfillment follow the respective general regulations, particularly the provisions of the Civil Code and Consumer Protection Law No. 634/1992 Coll., as subsequently amended.
7.2. The Vendor guarantees to the Buyer that at the moment of acceptance, the goods are without defect. In particular, the Vendor shall guarantee to the Buyer that at the time when the Buyer accepts the goods:
7.2.1. the goods shall have the characteristics which were agreed by the parties and in case that an underlying agreement does not exist, the goods shall have the characteristics which have been described by the Vendor or the manufacturer or which the Buyer expected based on the nature of the goods and based on the advertising conducted by the Vendor and manufacturer,
7.2.2. the goods shall be suitable for the purpose of use stated by the Vendor or the purpose for which this kind of goods is usually intended,
7.2.3. the goods shall with regards to their quality or their design comply with the agreed sample in case that the quality or design have been stipulated on the basis of an agreed sample,
7.2.4. the goods are delivered in the correct amount, measurements or weight and that
7.2.5. the goods comply with the legal requirements.
7.3. The provisions listed in section 7.2 of the Terms and Conditions do not apply to goods which are sold at reduced prices due to defects for which a lower price was agreed, to the wear and tear of goods incurred through their ordinary use or wear and tear which the goods were showing at the acceptance of goods by the Buyer or to goods where such defects result from the nature of the goods themselves.
7.4. If a defect is discovered within six months following the acceptance, it is assumed that the goods were defective at the time of acceptance already.
7.5. The Buyer shall exercise the rights from defective fulfillment against the Vendor in accordance with the warranty terms of the Vendor. The time of exercise of the right from defective fulfillment is the time of acceptance of the returned goods from the Buyer by the Vendor.
8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
8.1. The Buyer receives possession of the goods by means of payment of the full purchase price of the goods.
8.2. The Vendor is not legally bound by any Code of Conduct in the sense of provision § 1826, section 1, letter e) of the Civil Code.
8.3. The Vendor ensures out-of-court consumer complaints settlement via the following email address: firstname.lastname@example.org. The Vendor shall send information on addressed Buyer complaints to the email address of the Buyer.
8.4. The Vendor has the right to sell goods under a trade license. Trade controls are conducted by the respective Trade Office within the framework of their competence. The supervision of data protection is conducted by the Data Protection Agency. Within the defined scope, the Labor Inspection of the Czech Republic shall among others oversee the adherence to Consumer Protection Law No. 634/1992 Coll., as subsequently amended.
8.5. The Buyer shall assume the risk of change in circumstances in the sense of § 1765, section 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The Vendor will process personal data of the Buyer, in particular data necessary for identification, payment data and contact information, in the sense of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as „GDPR"), effective 25th May 2018.
9.2. Whenever an order is places, the Buyer will be prompted to provide personal data which are necessary for a successful processing of their order (name, address and contact information). The purpose of the processing of this data is the processing of the order placed by the Buyer and the exercise of rights and obligations arising from the contractual relationship between the Vendor and the Buyer. Personal data is also processed for the purposes of dispatch of commercial communication and the execution of marketing activities. The statutory ground for the processing of personal data is the fulfillment of contracts according to Article 6, paragraph 1, point b) GDPR, the fulfillment of legal obligations by the data collector according to Article 6, paragraph 1, point c) GDPR and the legitimate interest of the Vendor according to Article 6, paragraph 1, point f) GDPR. A legitimate interest of the Vendor is the processing of personal data for the purposes of direct marketing.
9.3. The Buyer acknowledges that they are obliged to provide their Personal Data (during the process of registration, in their user account and when placing an order via the web interface) in a correct and truthful manner and that they are obliged to update the Vendor on any changes regarding their Personal Data without any undue delays.
9.4. The provision of the afore-mentioned personal data is a contractual requirement by the Vendor. The personal data will be processed over a period of ten years since the purchase of goods or from the deletion of the user account in the web interface of the Vendor.
9.5. The Buyer has the right to access their Personal Data, the right to correct this data and further legal rights related to this data. The Buyer declares that they have been informed that their Personal Data can be deleted from the database upon written request by the Buyer. The Personal Data of the Buyer is fully secured against misuse. External carriers and persons participating in the process of delivery of goods to the Buyer are an exception and Personal Data is provided to them in the minimal extent necessary to deliver the goods. External carriers and persons participating in the process of delivery of goods to the Buyer are authorized under the aspect of secure processors of personal data.
9.6. The Buyer has the right to file a complaint at the Personal Data Protection Authority in case they suspect that their right to the protection of personal data has been violated.
9.7. The Vendor is obliged to provide the Buyer with information on the processing of their Personal Data whenever the Buyer requests such information. The Vendor has the right to demand an appropriate remuneration for the provision of the information defined in the previous sentence provided that the remuneration does not exceed the costs necessary to provide the information.
10. DISPATCH OF NEWSLETTERS AND STORAGE OF COOKIES
10.1. The Buyer agrees to being sent information regarding goods, services or the company of the Vendor to their email address and the Buyer further agrees to being sent commercial newsletters to their email address.
10.2. The Buyer agrees to the storage of cookies on their computer. The Buyer shall have the right to revoke their consent as per the previous sentence at any time, provided that it is possible to make a purchase on the website and that the Vendor is able to fulfill the obligations arising from the Contract without the need of having any cookies stored on the computer of the Buyer.
11.1. Emails may be delivered to the email address of the Buyer which has been provided in their user account or in their Order.
12. FINAL PROVISIONS
12.1. Should the relationship based on the Contract contain an international (foreign) element, the contractual parties agree that their relationship shall be governed by Czech law. This is not applicable to consumer rights which arise from general binding provisions of the legislation.
12.2. The content of the website of the Vendor, all materials published thereon (texts, photographs, pictures, logos etc.) and in related print media (promotional leaflets, advertisements, etc.) including the software of the web interface and these Terms and Conditions shall be protected by copyright of the Vendor and may be protected by further third-party rights. Neither the Buyer nor any other user of the web interface have the right to modify, copy, propagate, distribute, use the content or make it subject to use by third parties for any purpose without the written consent of the Vendor. In particular, whether free of charge or against fee, it is forbidden to make photographs or texts placed onto the web interface accessible. In case of infringement of this prohibition, the Vendor will take action in accordance with the Copyright Act. Names and appellations of products, goods, services, corporations and companies may be registered trademarks of their respective owners.
12.3. The Vendor is not liable for mistakes which are the result of third-party interference with the web interface or the result of any use of the web interface contrary to its appropriation. When using the web interface, the Buyer must not utilize any procedures which could potentially have a negative impact on its operation and they must not engage in any activity which may enable them or any third party to interfere or use the software equipment or other components which are part of the web interface without authorization or use the web interface in full or partially or its software equipment in a manner which would be contrary to its appropriation or purpose.
12.4. Should any of the provisions of the Terms and Conditions be invalid or void or should they become invalid or void, any provisions shall be valid that would best succeed the invalid ones in a logical manner. The validity of all other provisions remains unaffected by the invalidity or voidness of one provision. Any changes or amendments to the Contract or the Terms and Conditions must be made in writing.
12.5. The Contract including the Terms and Conditions is archived by the Vendor in electronic form and is not accessible.
12.6. Contact information of the Vendor: address for service: Příkop 838/6, 602 00 Brno, email address: email@example.com, phone: +420 723 625 855.
In Brno on 5/23/2018