TERMS AND CONDITIONS
These Terms and Conditions (hereafter “Terms and Conditions
”) of the company B E M A T E C H,s.r.o., with a registered office at Košíkov 76, 595 01 Velká Bíteš, the Czech Republic, ID no.: 49825445, registered in the Commercial Register at the Regional court in Brno, section C, file 19075 (hereafter “Seller
”) regulate in compliance with Section 1751 (1) of the Act no. 89/2012 Coll., the Civil Code, as amended (hereafter “Civil Code
”) the mutual rights and obligations of the Parties arising in relation to or on the basis of the Purchase Agreement (hereafter “Purchase Agreement
”) concluded between the Seller and another natural person (hereafter “Buyer
”) via the internet store of the Seller. The internet store is operated by the Seller on the website located at the internet address www.4inside.eu/cs (hereafter “Website
”) via the Website interface (hereafter “Store Web Interface
1.1. The Terms and Conditions do not apply to cases, where the person who intends to purchase goods from the Seller is a legal entity or person acting within their business activity or self-employment while ordering the goods.
1.2. Provisions differing from the Terms and Conditions may be agreed in the Purchase Agreement. Such differing provisions in the Purchase Agreement have precedence over the provisions of the Terms and Conditions.
1.3. Provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are made in Czech. The Purchase Agreement may be concluded in Czech.
1.4. The Seller may change or amend the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations that arose under the previous version of the Terms and Conditions.
2. CONCLUDING PURCHASE AGREEMENT
2.1. All presentations of goods located on the Store Web Interface is of informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding any such goods. Section 1732 (2) of the Civil Code will not apply.
2.2. The Store Web Interface contains information on goods, including quotation of prices of individual goods, which the Buyer sees while configuring the goods in the product configurator. Prices of the goods are quoted excluding VAT and the tax is added, including all associated charges, in the Cart content. This provision is without prejudice to the possibility of the Seller to enter into a Purchase Agreement under individually agreed terms.
2.3. The Store Web Interface also contains information on the costs associated with the delivery of goods after completing the product configuration in the product configurator and adding the goods to the cart. Information on the costs associated with delivery of the goods in the Store Web Interface only applies to cases, where the goods are delivered within the territory of the Czech Republic.
2.4. To order the goods the Buyer will fill out the order form in the electronic shopping cart in the Store Web Interface. The order form contains in particular information on:
a) the ordered goods (the Buyer will ”insert” the ordered goods to the electronic shopping cart in the Store Web Interface),
b) address (invoicing and delivery address),
c) manner of payment of the purchase price of the Goods, information on the required manner of delivery of the ordered goods,
d) information on the costs associated with the delivery of goods (hereafter jointly referred to as “Order
2.5. Before sending the Order to the Seller the Buyer will be allowed to check and change the data entered into the Order, also in order to find and correct any mistakes that may have occurred while entering the information to the Order. The Buyer will send the Order by clicking the button “Complete the Order” or a similarly labeled button in the electronic shopping cart in the store. The Seller considers the data stated in the Order to be correct.
2.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of purchase price, estimated shipping costs), to ask the Buyer for an additional confirmation of the Order (e.g., in electronic form or by telephone).
2.7. The contractual relationship between the Seller and the Buyer is established by acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic address. Along with the Order confirmation the Seller will send to the Buyer also the current wording of the Purchase Agreement and the Terms and Conditions in PDF form.
2.8. The Buyer agrees with using means of remote communication to conclude the Purchase Agreement. Costs incurred by the Buyer in relation to using means of remote communication in relation to concluding the Purchase Agreement (costs of internet connection, costs of telephone calls) will be borne by the Buyer in regular rates according to their tariff.
3. PRICE OF GOODS AND PAYMENT CONDITIONS
3.1. Price of the Goods and any possible costs associated with delivery of the Goods according to the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- wire transfer to the Seller’s bank account no. 256559051/0300 in CZK, managed by ČSOB, in case of payment of the Order in CZK;
- wire transfer to the Seller’s bank account IBAN CZ64 0300 0000 0002 5655 9086, BIC/SWIFT CEKOCZPP, managed by ČSOB, in case of payment of Order in EUR;
(hereafter “Seller’s Accounts” or individually “Seller’s Account
3.2. Payments are primarily made in EUR. If the Buyer wishes to pay for the Order in CZK, the purchase price will be automatically converted from EUR to CZK with the exchange rate of the CNB applicable as of the last day of the previous month. Prices quoted on the Website may be displayed both in Euros and Czech Crowns, whereas the conversion will be done according to the exchange rate as stated in the preceding sentence.
3.3. The Buyer will be obliged to pay to the Seller along with the purchase price also the costs associated with packing and delivery of the goods in the agreed amount. Unless stipulated otherwise, the purchase price is deemed to also include the costs associated with delivery of the goods.
3.4. In case of cashless payment, the purchase price is due in 3 days after the Purchase Agreement is concluded.
3.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods along with stating the appropriate variable symbol of payment. In case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment the appropriate sum is credited to the Seller’s Account.
3.6. The Seller is entitled to ask for payment of the full purchase price before sending the goods to the Buyer, with regard to the nature and price of the goods. Section 2119 (1) of the Civil Code will not apply hereto.
3.7. Any possible discounts on the price of the Goods provided by the Seller to the Buyer may not be combined.
3.8. The Seller will issue to the Buyer a tax document for the received payment according to the Purchase Agreement as of the day the payment is received. After the delivery of goods, the Seller will issue to the Buyer a tax document and send it in electronic form to the Buyer’s address. The Parties agree in the sense of Section 26 (3) of the Act no. 235/2004 Coll., on Value Added Tax, with using tax documents in electronic form.
3.9. Purchase prices remain in effect for the time, for which they are displayed on the Store Web Interface. In case of an apparent technical error in the displayed purchase price the Seller does not in fact intend to conclude the Agreement under such conditions. In case the Purchase Agreement appears to have been concluded with a clear error in the purchase price, the Seller undertakes to notify the Buyer thereof without undue delay after identifying the error. In such case the Purchase Agreement was not concluded due to lack of will on the part of the Seller. Unless the Seller and the Buyer agree on the manner of rectification of the reason for invalidity of the Purchase Agreement, the Seller will refund the purchase price to the Buyer.
3.10. In case the Seller is or in the future becomes obliged to register sales in the sense of the Act no. 112/2016 Coll., on the Registration of Sales, as amended (hereafter “Act on Registration of Sales
”), the Seller will issue to the Buyer an electronic payment document containing the requisites according to the Act on Registration of Sales. The Buyer expressly agrees with issuing of electronic payment documents. In such case the Seller meets their information duty: “According to the Act on Registration of Sales the Seller is obliged to issue a receipt to the Buyer. At the same time they are obliged to register the received revenue online with the Tax Administrator; in case of technical outage no later than within 48 hours.”
4. WITHDRAWAL FROM AGREEMENT
4.1. The Buyer acknowledges that according to Section 1837 of the Civil Code they may not withdraw from the Purchase Agreement on the delivery of goods modified according to the Buyer’s wishes or for the Buyer personally, and from a Purchase Agreement on the delivery of Goods in an enclosed packaging which the Buyer removed from the packaging and for hygiene reasons it cannot be returned if the original packaging was breached.
4.2. Unless the case referred to in art. 4.1 of the Terms and Conditions or another case where withdrawal from the Purchase Agreement is not possible is concerned, the Buyer is entitled in compliance with Section 1829 (1) of the Civil Code to withdraw from the Purchase Agreement within fourteen (14) days, whereas in case the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period begins on the day of takeover of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller in the time limit stated in the preceding sentence. The Buyer may take advantage of the sample form for withdrawing from the Purchase Agreement provided by the Seller, which is attached to these Terms and Conditions. The Buyer may send the notice of withdrawal from the Purchase Agreement to the Seller’s electronic address email@example.com
, to their contact address, to any business premises or registered office of the Seller. In order to expedite the process, the Seller recommends that the Buyer submits along with the returned goods a copy of the bill of delivery and invoice, if issued, or another document proving the purchase of the goods, and also a notice of withdrawal from the Purchase Agreement and the selected manner of refunding the purchase price.
4.3. In case of withdrawing from the Purchase Agreement according to art. 4.2 of the Terms and Conditions the Purchase Agreement is nullified from the beginning. The Goods must be returned by the Seller within fourteen (14) days after the notice of withdrawal is delivered to the Seller. When dispatching the goods, the Buyer will be obliged to pack it to a suitable packaging so that the goods are not damaged or destroyed during transport. Purchase price and shipping costs of the goods cannot be refunded in case the goods are severely damaged or destroyed during transport as a result of unsuitable packaging. In case the Buyer withdraws from the Purchase Agreement, the Buyer will bear the costs associated with returning the goods to the Seller, even in case the goods cannot be returned by regular mail due to its nature.
4.4. In case of withdrawing from the Purchase Agreement according to art. 4.2 of the Terms and Conditions the Seller will refund the money received from the Buyer within fourteen (14) days after the Buyer withdraws from the Purchase Agreement in the same manner, in the Seller received the payment from the Buyer. In case the Buyer selected a different delivery method that the cheapest delivery method offered by the Seller, the Seller will refund to the Buyer the costs of delivery of the goods corresponding to the cheapest offered method of delivery of the goods. The Seller will also be obliged to return the performance provided by the Buyer as soon as upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees therewith, and that the Buyer does not incur any additional costs in relation thereto. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the accepted money to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
4.5. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially used up, the Seller will become entitled to compensation of damage thus incurred from the Buyer. The Seller will be entitled to unilaterally set off the claim for compensation of damage caused to the goods against the claim of the Buyer for refund of the purchase price.
4.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in compliance with Section 1829 (1) of the Civil Code, the Seller is entitled to withdraw from the Purchase Agreement as well until the time the Buyer takes over the goods. In such case the Seller will refund the purchase price to the Buyer without undue delay by wire transfer to the account designated by the Buyer.
4.7. In case the Buyer receives a gift along with the goods, the donation agreement between the Buyer and the Seller is made with a condition subsequent that in case the Buyer withdraws from the Purchase Agreement, the donation agreement concerning such gift is nullified and the Buyer will be obliged to return the gift along with the goods to the Seller.
4.8 The Seller will be entitled to withdraw from the Purchase Agreement in the following cases:
- an obviously wrong purchase price was stated on the Store Web Interface due to a technical error;
- the goods cannot be delivered under the original conditions due to objective or subjective reasons;
- the Buyer is not entitled to enter into the Purchase Agreement;
- the performance becomes objectively impossible or illegal.
5. TRANSPORATION AND DELIVERY OF GOODS
5.1. In case the manner of transportation is agreed on the basis of a special requirement of the Buyer, the Buyer will bear the risk and possible additional costs associated with such manner of transport.
5.2. In case the Seller is obliged under the Purchase Agreement to deliver the goods to a certain location designated by the Buyer, the Buyer will be obliged to take over the goods upon delivery.
5.3. In case it is necessary to make repeated delivery of the goods or to deliver it in another manner than stated in the order due to reasons on the part of the Buyer, the Buyer will be obliged to pay the costs associated with repeated delivery of the Goods, or as the case may be, the costs associated with another manner of delivery.
5.4. The Buyer will be obliged to inspect the integrity of packaging of the goods upon takeover of the goods from the freight carrier, and in case of any defects to immediately notify the freight carrier. In case a breach of packaging is found which points to unauthorized breach of the shipment, the Buyer is not obliged to accept the shipment from the freight carrier. This is without prejudice to the rights and obligations of the Buyer for defects of the goods and other rights of the Buyer arising from the applicable legislation.
5.5. Other rights and obligations of the Parties concerning the transportation of the goods may be provided for in special delivery terms and conditions, if issued by the Seller.
6. DEFECTIVE PERFORMANCE RIGHT
6.1. Rights and obligations of the Parties regarding defective performance rights will be governed by the applicable legislation (in particular Section 1914 through 1925, Section 2099 through 2117 and Section 2161 through 2174 of the Civil Code and the Act no. 634/1992 Coll., on Consumer Protection, as amended).
6.2. The Seller is liable to the Buyer that the goods are free of any defects upon takeover. The Seller is in particular liable to the Buyer that at the moment the Buyer takes over the goods:
- the goods have the properties agreed by the Parties and if such agreement is missing, that it has such properties as were described by the manufacturer or expected by the Buyer with regard to the nature of the goods and based on advertising made by the Seller or manufacturer,
- the goods are fit for the purpose stated for its use by the Seller, or for which the goods of this type are usually used,
- the goods correspond in quality or execution to the agreed sample or template, provided that the quality or execution was determined according to the agreed sample or template,
- the goods are in adequate quantity, volume or weight and
- the goods comply with the requirements of the applicable legislation.
6.3. In case the defect shows within 6 months after takeover, the goods are deemed to have been already defective upon takeover.
6.4. The Seller will have the obligations arising from defective performance at least in the extent, in which the manufacturer’s obligations arising from defective performance exist. The Buyer will be entitled to exercise their rights arising from defects that arise with consumer goods within twenty-four months after takeover. In case the sold goods, their packaging or instructions attached to the goods or advertisement in compliance with another legal enactment states the period, for which the goods may be used, the provisions on quality warranty will apply. By virtue of the quality warranty the Seller undertakes that the goods will be eligible for use for the usual purpose or that it will maintain the usual properties for a certain period of time. In case the Buyer made a justified complaint about a defect of the goods, the time limit for exercising the defective performance rights or the warranty period do not continue for the time, for which the Buyer is unable to use the defective goods.
6.5. Provisions of art. 6.4 of the Terms and Conditions will not apply to goods sold at a lower price on the account of the defect, for which the lower price was agreed, to wear and tear of goods caused by its regular use, in case of used goods to defects corresponding to the extent of use or to wear and tear the goods had at the moment of takeover by the Buyer, or if it arises from the nature of the goods. The rights arising from defective performance do not pertain to the Buyer, if the Buyer knew before the takeover that the goods are defective or if the Buyer caused the defect themselves.
6.6. Rights arising from liability for defect of goods will be exercised with the Seller. However, if the confirmation issued by the Seller regarding the extent of rights arising from liability for defects (in the sense of Section 2166 of the Civil Code) states another person designated to perform the repair, which is in a location of the Seller or in a location closer to the Buyer, the Buyer will exercise their right to repair with the person designated to perform the repair. With the exception of cases where another person is designated to perform the repair according to the preceding sentence, the Seller will be obliged to accept complaints in any business premises, in which acceptance of the complaint is possible with regard to the assortment of products sold or services provided, or as the case may be, in the registered office or place of business of the Seller. The Seller will be obliged to issue a written confirmation to the Seller about the time and place where the Buyer exercised their right, about the contents of the complaint and the manner of execution of the complaint requested by the Buyer; furthermore, the Seller will issue a confirmation of the date and manner of execution of the complaint, including a confirmation of performing the repair and its duration, and if applicable, a written justification of rejecting the complaint. This obligation also applies to other persons designated by the Seller to perform the repair.
6.7. Rights arising from liability for defects of goods may be exercised by the Buyer in any manner, in particular by electronic mail at the address firstname.lastname@example.org
or at the telephone number +420 567 774 477.
6.8. The Buyer will notify the Seller about the right they have selected along with the notification of the defect, or without undue delay thereafter. The Buyer may not change their selection without the consent of the Seller; this does not apply if the Buyer requested repair of a defect that proves to be irreparable.
6.9. In case the goods do not have the properties stated in art. 6.2 of the Terms and Conditions, the Buyer may request delivery of new goods free of defects, unless it is unreasonable with regard to the nature of the defect; but if the defect only concerns a component of the goods, the Buyer may only request replacement of the defective component; if that is not possible, they may withdraw from the Agreement. However, if it is disproportional to the nature of the defect, in particular if the defect can be rectified without undue delay, the Buyer is entitled to free of charge rectification of the defect. The Buyer is entitled to delivery of a new item or replacement of a component also in case of a reparable defect, if they cannot use the item properly due to repeated occurrence of the defect after repair or due to a larger number of defects. In such case the Buyer is also entitled to withdraw from the Agreement. In case the Buyer does not withdraw from the agreement or does not exercise the right for delivery of new goods free of defects, replacement of a defective component or repair of the goods, they may request a reasonable discount. The Buyer will be entitled to a reasonable discount also in case the Seller is unable to deliver new goods free of defects, to replace its component or to repair the goods, as well as in case the Seller fails to rectify the situation in a reasonable time or in case rectifying the situation would cause significant difficulties to the Buyer.
6.10. Whoever has the right according to Section 1923 of the Civil Code is also entitled to compensation of purposefully expended costs of exercising this right. However, if they do not exercise the right for compensation within one month after the lapse of the period, in which the defect must be complained, the court will not award this right if the Seller objects that the right for compensation was not exercised in due time.
6.11. Additional rights of the Parties associated with the Seller’s liability for defects may be regulated by the Complaints Procedure Code of the Seller.
7. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer will acquire ownership title to the goods upon full payment of the purchase price of the goods.
7.2. The Seller is not bound in relation to the Buyer by any Codes of Conduct in the sense of Section 1826 (1) e) of the Civil Code.
7.3. Execution of complaints of consumers will be secured by the Seller via the electronic address email@example.com
. The Seller will send the information on execution of the Buyer’s complaints to the Buyer’s electronic address.
7.4. The competent authority to handle out of court settlement of consumer disputes arising from the Purchase Agreement is the Czech Trade Inspection, with a registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, email: firstname.lastname@example.org
, internet address: https://adr.coi.cz/cs
. The platform for on-line dispute settlement located on the internet address http://ec.europa.eu/consumers/odr
may be used for settlement of disputes between the Seller and the Buyer arising from the Purchase Agreement.
7.5. The European Consumer Center of the Czech Republic with a registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz
is the contact point according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute settlement).
7.6. The Seller is entitled to sell the goods on the basis of a trade license. Trade inspection is carried out by the Competent Trade Licensing Authority within the frame of its competence. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises inter alia supervision in the defined extent over the compliance with the Act no. 634/1992 Coll., on Consumer Protection, as amended
7.7. The Buyer hereby assumes the risk of change of circumstances in the sense of Section 1765 (2) of the Civil Code.
8. PERSONAL DATA PROTECTION
8.1. The Seller fulfills their information obligation towards the Buyer in the sense of art. 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council 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) (hereafter “GDPR
”) associated with processing personal data of the Buyer in order to perform the Purchase Agreement, to negotiate the Purchase Agreement and to perform public-law obligations of the Seller, by the means of a special document titled Personal Data Processing Policy.
9. SENDING BUSINESS NOTIFICATIONS
9.1. The Buyer agrees, in the sense of Section 7 (2) of the Act no. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, with sending of business notifications by the Seller to the electronic address or telephone number of the Buyer. The Seller fulfills their information obligation towards the Buyer in the sense of art. 13 of GDPR associated with processing personal data of the Buyer for the purpose of sending business notifications via a special document titled Personal Data Processing Policy.
10.1. Documentation may be delivered to the Buyer to the electronic address stated while ordering the goods.
11. PROTECTION OF COPYTIGHT, LIABILITY AND USE OF WEB INTERFACE
11.1 The contents of the website located on the Store Web Interface (texts including Terms and Conditions, photographs, pictures, logos, program equipment etc.) are protected by copyright of the Seller or by rights of third parties. The Buyer may not change, copy, reproduce, distribute or use for any purpose without the consent of the Seller or the authorized persons. It is in particular prohibited to grant access to the photographs and texts placed on the Store Web Interface, either for free or for consideration.
11.2 Names and designations of products, goods, services, and companies may be registered trademarks of their respective owners.
11.3 The Seller will not be liable for any defects occurring as a result of interference of third parties with the Store Web Interface or resulting from its use contrary to its purpose. While using the Store Web Interface the Buyer must not employ procedures that may disrupt the system function or that put unreasonable load on the system.
11.4 In case the Buyer commits any illegal act while using the Web Store Interface, the Seller reserves the right to limit, suspend or terminate the Buyer’s access to the Store Web Interface without any compensation whatsoever to the Buyer. In such case the Buyer will be obliged to compensate the Seller for any damage thus caused.
11.5 The Seller cautions the Buyer that by clicking on certain links on the Store Web Interface they may leave the Store Web Interface and be redirected to third party websites.
12. FINAL PROVISIONS
12.1. In case the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship will be governed by the Czech law. The selection of law according to the preceding sentence does not deprive the Buyer who is a consumer of any protection provided to them by the law, which cannot be contractually diverted from, and which would otherwise apply in case of absence of the selection of law in accordance with art. 6 (1) of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. In case any provision of the Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a provision, the meaning of which is as close as possible to the invalid provision. Invalidity or ineffectiveness of any one provision is without prejudice to the validity of the remaining provisions.
12.3. The Purchase Agreement including the Terms and Conditions will be archived by the Seller in electronic form and is not freely accessible.
12.4. The Complaints Procedure Code placed on the Seller’s website in section “Complaints” is an integral part of the Terms and Conditions.
12.5. Seller Contact information: delivery address Košíkov 76, 595 01 Velká Bíteš, the Czech Republic, electronic mail address email@example.com
, telephone +420 567 774 477.
12.6 The Buyer is not entitled to assign the rights and obligations arising from the Purchase Agreement to any third party without a previous written consent of the Seller.
In Košíkov on 16.3.2021