Commercial enterprise: Spin marketing
Company address: Čs.armády 5
Identification number: 76516725
The company is registered in the Commercial Register maintained by the MúMT.
Merchandise sale at www.spinmarketing.eu
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions (henceforth only "Terms and Conditions") of Spin marketing,Čsa 5,Moravská Třebová 57101, identification number: 76516725, registered in the Commercial Register at the MúMT, (hereinafter "seller") govern in accordance with § 1751 Sec. 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or under the purchase agreement (hereinafter "Purchase agreement") concluded between the seller and any other physical person (hereinafter referred to as "Buyer") via the online shop of the seller. Internet business is operated by the seller placed on a Web page on the Internet at www.spinmarketing.cz (the "website"), and via the website (hereinafter referred to as "web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is a legal entity or a person who is ordering goods in the course of their business activities or in the course of their job.
1.3 Provisions derogating from the terms and conditions can be negotiated in the purchase agreement. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Terms and conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in Czech language. The purchase contract can be concluded in the Czech language.
1.5 The Business Conditions may be changed or amended by the seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. USER ACCOUNT
2.1 Upon registration of the buyer on the website, the buyer can access their user interface. Via his or her user interface the buyer can order goods (hereinafter "user account"). The buyers can also order goods without registration directly from the web interface if the said interface allows such an option.
2.2. When registering on the website and ordering goods the buyer has to provide correct and true personal information. In the event of any changes, the buyer has to make his personal information up-to-date. The data on the buyer's user account or in the ordering form are considered to be accurate by the seller.
2.3 Access to the user account is secured by a username and a password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 The buyer shall not allow the use of a user account to third parties.
2.5 The seller may cancel a user account, especially if the buyer does not use the account for more than 24 months or if the buyer breaches his or her obligations under the purchase contract (including terms and conditions).
2.6 The buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software of the seller or necessary maintenance of hardware and software of third parties.
3. PURCHASE CONTRACT
3.1 All merchandise presentation on the web interface is of informative nature and the seller is not obliged to enter a purchase agreement regarding this merchandise. The provisions of § 1732 Sec. 2 of the Civil Code do not apply.
3.2 The web interface provides information about the goods, including the prices of individual items. Prices of goods include VAT and all related charges. Prices of goods remain valid as long as they are displayed in the web interface. This provision does not limit the right of the seller to enter a purchase agreement under individually negotiated terms.
3.3 The web interface of the shop also includes information about the costs of packaging and delivery. Information on the costs associated with packaging and delivery of goods listed in the web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills an order form in the web interface business. The order form contains this information, in particular on:
3.4.1. ordered goods (the buyer "inserts" the goods into an electronic shopping cart in the web interface)
3.4.2. method of payment, details of the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and change data which he or she has filled in the order form. The buyer sends the order to the seller by clicking on "Submit Order". The data filled in the order form is considered to be correct by the seller. The seller confirms the order by sending an e-mail to the buyer immidiately upon receiving it. He or she uses the electronic mail address of the buyer specified in the user interface or in the order (hereinafter only "electronic address of the purchaser").
3.6 The seller is always entitled to ask the buyer for additional confirmation (by mail or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs)
3.7 The contractual relationship between the seller and buyer begins at the moment of delivering an order confirmation, which is sent to the buyer via e-mail to his e-mail address.
3.8 The buyer agrees with the use of electronic communication for entering the purchase contract. The buyer's costs of using electronic means of communication for entering the purchase contract (cost of internet access, telephone costs) are paid by the buyer himself and do not differ from standard rates.
4. THE PURCHASE PRICE AND PAYMENT CONDITIONS
4.1 The buyer may pay the seller the price of the goods and any costs associated with the delivery of goods according to the contract the following ways:
• euro bank transfer to the seller's account no. IBAN CZ8520100000002400506253/BIC KOD FIOBCZPPXXX, run by Fio bank(hereinafter referred to as "Seller Account");
4.2 The buyer has to pay the price of merchandise along with any costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
4.3 The seller does not require a deposit or other similar payments to be paid by the buyer. This is without prejudice to the provisions of Article. 4.6 of the Terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is due upon delivering of goods. In the case of cashless payment of the purchase the price is due within 5 days since entering the purchase contract.
4.5 In the case of cashless payment, the buyer has to pay the purchase price of the goods together with the variable symbol of payment. In the case of cashless payment, the payment is considered paid the moment the appropriate sum is at the seller's account.
4.6 The seller is entitled, especially if the buyer does not provide an additional confirmation of the order (Art. 3.6), to require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 Sec. 1 of the Civil Code do not apply.
4.7 Any discounts in price of the goods provided by the seller to the buyer cannot be combined.
4.8 In case it is customary in trade relations or, if it is so determined by generally applied legal regulations, the seller sends an invoice to the buyer detailing purchases and prices determined by the purchase contract. The seller is a payer of value added tax. The tax document – an invoice is issued by the seller to the buyer after payment of the price of goods and sent electronically to the buyer's email address.
5. WITHDRAWAL FROM THE CONTRACT
5.1 The buyer acknowledges that according to § 1837 of the Civil Code, among other things, he or she cannot withdraw from the contract about the supply of goods that have been adjusted according to the wishes of the buyer, from the contract for the supply of goods subject to rapid deterioration, as well as goods that were irretrievably mixed with other goods after delivery, from the contract for the supply of sealed goods which the buyer opened and which are not possible to return because of hygiene and from a purchase contract for the supply of audio or video recordings or computer program, if their original packaging has been breached.
5.2 In accordance with § 1829 Sec. 1 of the Civil Code, the buyer has the right to withdraw from the contract, if Art. 5.1 does not apply or other cases where you cannot withdraw from the contract do not apply. The buyer can withdraw within fourteen days of purchase and if he or she bought several items or several parts of one item, this period starts from the date of deliveryof the last piece of the goods. Withdrawal from the contract has to be sent to the seller within the period specified in the preceding sentence. To withdraw from the contract the buyer may use a model form provided by the seller, enclosed to the Terms and conditions. The buyer may send the withdrawal from the contract to the address of the seller or at the seller's e-mail address.
5.3 In case of withdrawal from the purchase contract according to Art. 5.2 the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen days since the withdrawal. If the buyer withdraws from the contract, the buyer pays the cost of returning the goods to the seller, even in the case where the goods cannot be returned due to their nature by post.
5.4 In case of withdrawal according to Art. 5.2 the seller returns the money received from the buyer within fourteen days of withdrawal from the contract. He or she does that in the same way that he or she eceived from the money from the buyer. The seller is also entitled to return the money at the time of returning the goods by the buyer or otherwise, if the buyer agrees and it does not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obligated to return the funds received to the buyer before the bueyer returns the goods or proves that the goods have been sent to the seller.
5.5 The seller is entitled to unilaterally make a claim about damage caused to the goods, against the buyer's claim for refund of the purchase price.
5.6 The seller may withdraw from the contract at any time until the goods are delivered to the buyer. In this case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to an account designated by the buyer.
5.7 When a gift is given to the buyer along with his or her purchase a gift agreement between the seller and the buyer has to be entered. The agreement has to have a condition which states that when the buyer withdraws from the contract the buyer shall return the provided gift together with the goods to the seller.
6. TRANSPORT AND DELIVERY
6.1 In the event that the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this form of transport.
6.2 If the seller has to deliver the goods to the place designated by the buyer in the purchase contract, the buyer is obliged to accept the goods on delivery.
6.3 In the event the goods needs to be delivered repeatedly or in an unusual way because of the buyer, the buyer has to pay any costs associated with repeated delivery of goods or costs associated with delivery in an unusual way.
6.4 When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In the event of a breach of the package indicative of intrusion the buyer does not have to take the shipment from the carrier.
6.5 Other rights and obligations of the parties regarding the transport of goods can be detailed in special delivery conditions of the seller, if the seller issued such conditions.
7. RIGHTS CONNECTED WITH FAULTS OF THE SELLER
7.1 The rights and obligations of the parties regarding any faults of the seller shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Civil Code).
7.2 The seller insures that the goods have no defects upon delivery. In particular, the seller insures that at the time of delivery:
7.2.1. the goods have properties that the parties negotiated, and in the absence of such agreement, that it has properties that the seller or manufacturer has described or which the buyers expected given the nature of the goods and on the basis of advertising carried out by them,
7.2.2. the goods fit the purpose for which the seller says they are used or to which goods of this type are normally used,
7.2.3. the goods are of the same quality or performance as the agreed sample or template, if it the quality or performance were determined by an agreed sample or template,
7.2.4. the goods are in the right quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
7.3 The provisions referred to in Article. 7.2 do not apply to faulty goods sold at a lower price, to goods with a normal wear and tear caused by its common use, to defects caused by normal wear and tear which the buyer knew about when he or she bought the goods, or to goods due to their nature.
7.4 In case the defect becomes apparent within six months since delivery, the goods shall be deemed defective at the time of the delivery.
7.5 The buyer claims his or her rights at the seller's premises in which it is possible to take into account the assortment of goods sold, or at the seller's business address. The moment the claim is valid is the moment the seller receives the claimed goods from the buyer.
7.6 Other rights and obligations of the parties related to the liability of the seller for defects can be specified by the seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The seller is not bound by codes of conduct in relation to the purchaser within the meaning of § 1826 paragraph point 1 section e) of the Civil Code.
8.3 The seller deals with complaints outside the court via the e-mail addresses at email@example.com . The seller sends the answer to the complaint to buyer's email address.
8.4 The seller is entitled to sell the goods using his business licence. The Trade Office checks businesses according to its regional jurisdiction. The Office for Personal Data Protection supervises the safety of personal data. The Czech Trade Inspection performs supervision, within the specified range, of Act no. 634/1992 Coll., on consumer protection, as amended.
8.5 The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 Sec. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 Personal data privacy of the buyer, who is a physical person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
9.2 The buyer agrees to the processing of the following personal data: full name, address, identification number, tax identification number, email address and telephone number (hereinafter collectively referred to as "personal data").
9.3 The buyer agrees to the processing of personal data by the seller, for the purpose of exercising of the rights and obligations under the contract and for the purposes of maintaining a user account. If the buyer does not select another option, he or she also consents 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 processing of personal data in the entirety of this Article is not a condition that alone would make it impossible to enter a contract.
9.4 The buyer acknowledges that he or she is required to state his or her personal information (when registering, in their user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller of a change in their personal data.
9.5 The seller may appoint a third party to process the buyer's information. With the exception of persons transporting the goods, the buyer's personal information shall not be passed to third parties without the seller's prior consent.
9.6 Personal data shall be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The buyer acknowledges that the personal information is accurate and that he or she was advised that he or she provided his or her personal information voluntarily.
9.8 In the event that the buyer suspects that the seller or processor (Art. 9.5) processes his or her personal data in a manner which is not consistent with the protection of private and personal life of the buyer, especially if the personal data is inaccurate with respect to the purpose of processing, the buyer can:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require that the seller or the processor remedy the situation.
9.9 If the buyer requests information about the processing of their personal data, the seller has to deliver this information. The seller has the right to require a reasonable compensation which does not exceede the necessary cost of prodividing the information.
10. SENDING COMMERCIAL INFORMATION AND COOKIES
10.1 The buyer agrees to receiving information related to goods, services or the seller's company to the buyer's email address and furthermore agrees to receiving commercial information sent by the seller at the buyer's email address.
10.2 The buyer agrees with saving so called Cookies on his or her computer. In the event that the purchase on the website can be made and the obligations of the seller can be fulfilled without saving so called Cookies on the buyer's computer, the buyer may revoke his or her consent described in the preceding sentence.
11.1 The messages may be delivered to the buyer's email address specified in his or her user account or given by the buyer in the purchase order.
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 generally binding legal regulations.
12.2 If any provision of the Terms and Conditions is invalid or ineffective, or become such, a valid provision whose meaning is as close as possible to the invalid one is used instead. The invalidity or unenforceability of one provision does not affect the other provisions. Amendments and supplements to the purchase contract or business conditions require a written form.
12.3 The purchase contract including Terms and Conditions is archived by the seller in an electronic form and is not accessible.
12.4 A model form for withdrawal from the contract is attached to the business conditions.
12.5 The seller's contact details: business address is Čs.armády 5,Moravská Třebová 57101, e-mail address is firstname.lastname@example.org,
In Mor.Třebové 27.1.2017
Attachment no. 1
Sample form for withdrawal from the contract
(In accordance with § 1829 para. (1) of Law no. 89/2012 Coll., The Civil Code and Regulation no. 363/2013 Coll., Government regulation on a standard instruction on the right to withdraw from contracts entered into in a distance way or in premises other than the business premises and a standard form for withdrawal from such contracts)
Withdrawal from the contract
Čs.armády 5.Moravská Třebová 57101
I hereby withdraw from the contract for the purchase of goods .............. .............. under order number.
Date of delivery:
Name and surname of the consumer:
Consumer's bank account number:
Signature of the consumer: (only if this form is sent in paper form)
The buyer's rights regarding any faults on the part of the seller (henceforth known as "claims") must always be applied in accordance with the Complaints Procedure. Issues not dealt with in this document shall be governed by the laws of the Czech Republic. The seller makes the complaints procedure available for buyer with in an appropriate manner and at the purchaser's request, he shall submit it in text form. The complaints procedure is in accordance with Law no. 89/2012 Coll. The Civil Code and the Act no. 634/1992 Coll. on Consumer Protection, as amended on 1st January 2014.
The seller is not responsible for any defects in the following cases:
- if the merchandise is defective at the time of purchase and there is a discount negotiated from the price regarding said defect
- if the merchandise is second-hand and therefore has defects corresponding with normal wear and tear, which the buyer knew about at the time of purchase
- the defect occurred in the course of use or corresponds with the nature of merchandise (e.g. lifetime expiration)
- the defect is caused by buyer and created by improper use, storage, improper maintenance, violating the warranty or by mechanical damage
- the defect occurred due to external events beyond the control of the seller.
Filing a complaint
The buyer has the right to file a complaint to the seller, in any of his or her shops in which it is possible, taking into account the assortment of goods sold, or alternately at his or her company address or place of business. Thebseller ensures the presence of staff authorized to receive complaints throughout the opening hours. Complaints can also be filed with a person who is appointed to do so on a bill or in the warranty issued by the seller to the buyer, if the designated person at a place closer to the seller or the buyer.
The buyer has to prove that he or she has the right to file a complaint, especially to prove date of purchase, either by submitting a receipt, certificate of duties and responsibilities of the seller due to his or her faults with respect to the warranty or in another credible way. The buyer shall not be entitled to file a complaint for a defect which was criticized in the past, if he or she was given an appropriate reduction of the purchase price.
The deadline for exercising rights
The buyer may excercise his or her rights regarding any faults on the part of the seller within 24 months from the moment of purchase. The period for exercising the rights of any faults on the part of the seller may be shortened to 12 months with second-hand merchandise. This fact is indicated by the seller on the certificate detailing faults on the part of the seller or on the receipt . After passing the expiration date a complaint cannot be filled with the seller unless both parties agree otherwise or the seller or the manufacturer guarantee the quality beyond their legal obligations.
The buyer exercises his or her rights without any undue delay after discovering that the goods are faulty. Thebseller is not responsible for the increase in the extent of damage, if the buyer uses the goods, despite his or her knowledge of the defect. If the buyer's complaint is legitimate, the period for exercising the rights regarding defective performance is not in effect during the time of repairs when the buyer is not able to make use of his or her goods.
The buyer acknowledges that in the case of exchange of faulty goods a new period for filling complaints is not in effect. The period for filling complaints expires 24 months from the purchase of the claimed goods.
Thebperiod for filling complaints cannot be use to determine the lifetime of merchandise. The lifetime of merchandise varries with respect to the properties of the product, its maintenance and accuracy and intensity of use or is based upon an agreement between the buyer and the seller.
The seller has to process a complaint immediately, in complicated cases within three working days. This period does not include the time required for expert assessment of the defect. The seller has to give the buyer a written acknowledgment, stating the date and place of the claim, the characteristics of the alleged defect, the buyer desired method of claim handling and how the buyer will be informed about its execution. Claims, including the removal of defects must be settled without undue delay, within 30 days of the claim, unless the seller and buyer agree on a longer period. Expiry of that period shall be deemed a fundamental breach of contract. The seller is obliged to confirm the method of settling the claim and the duration of said claim to the buyer in writing. The buyer shall not, without the consent of the seller changed once chosen method of settling the claim except in cases when the selected method of solution cannot be completed on time or at all.
The buyer is obliged to accept the claimed goods within 30 days from the date the complaint should be dealt with at the latest. After this time, the seller is entitled to charge a reasonable storage fee or sell the goods. The seller must notify the buyer about this procedure in advance and he or she has to give the buyer a reasonable additional time for picking up the merchandise.
Quality at the moment of purchase
The seller declares that he or she gives the merchandise to the buyer in accordance with § 2161 of the Civil Code, namely:
- the merchandise has the properties that the buyer agreed upon with the seller, and at the absence of any agreement, such properties, which the seller or manufacturer has described or which the buyers expected given the nature of the merchandise and on the basis of advertising carried out by them,
- the merchandise fits the purpose of its use or the purpose the seller claims it to be fit for or to which a thing of this type is normally used
- the merchandise is of the right quantity, measure or weight and
- the merchandise meets the legal requirements.
In the event that the merchandise does not match the above written requirements, the buyer has the right to new goods free of defects, unless it is unrealistic due to the nature of said merchandise. If the defect affects only a part of the thing, the buyer may require replacement of solely those parts; if this is not possible, he or she may withdraw from the contract and demand the return of the purchase price in full. If, however, such claim is unrealistic due the nature of merchandise, especially in cases where the defect can be easily removed, the buyer has a right to a repair free of charge.
Unless the buyer withdraws from the contract or wants new goods free of defects to be delivered or claims replacement of defective parts or claims repairs, he or she may request a reasonable discount on the purchase price. The buyer has the right to an adequate discount, even if the seller cannot deliver new goods free of defects, replace the parts or repair the goods, as well as in the event that the seller fails to provide a solution within a reasonable time period or in case such a solution would cause substantial difficulties to the buyer.
In case there is a defect within six months since purchase, the merchandise is considered to have been defective upon delivery.
The Seller's liability for defects, which are significant or insignificant breaches of contract
The seller's liability for defects that are significant or insignificant breaches of contract, shall apply to defects of merchandise which become apparent during 24 months following the purchase, more specifically to defects where the seller does not claim liability in accordance to Article 5.
If the defect is a significant breach of contract, the buyer has the right to obtain a new merchandise, repair, appropriate discount or to withdraw from the contract (with the right to a refund of the purchase price in full). If the defect is an insignificant breach of the contract, the buyer has the right to the removal of defects or an appropriate discount.
The buyer has the right to a new defectless merchandise, parts exchange, discount or to withdraw from the contract regardless of the nature of the defect, if he or she cannot use the thing properly due to the recurring defect or due to a large number of defects.
Costs and dispute resolution
If the complaint is accepted as legitimate, the buyer is entitled to reimbursement of reasonable expenses associated with exercising his or her rights.
If the seller rejects the claim as unjustified, the buyer (or both parties should they reach an agreement) can seek an expert in the field and request an independent expert assessment of the defect.
If an agreement between the buyer and the seller is not reached, the buyer can turn to existing systems of extrajudicial settlement of consumer disputes, in particular at www.vasestiznosti.cz, or to the relevant court.
If the seller has provided a quality guarantee beyond his or her legal obligations, the rights of he buyer shall be governed by this Complaints Procedure, unless the certificate of liability of the seller or the warranty or the contract state otherwis