The General Business Terms and Conditions

 

Identification Number: 24199869,

registered office in Tuchoměřice, Dubová 63, postal code 252 67 registered in the Foundation Register under the number C 268072 maintained by the Municipal Court in Prague licenced for wholesale and retail trade valid from June 6th 2016 for the sale of goods through online store located on the internet at e-shop@nala.cz

1. Introductory Provisions

1.1. These terms and conditions (hereinafter "terms and conditions") of NALA P&V,s.r.o., with registered office in Tuchoměřice, Dubová 63, postal code 252 67, identification number: 06446884, (hereinafter referred to as "the seller") govern in accordance with the provisions of § 1751 paragraph. 1 of Act no. 89/2012 Coll., the Civil Code (hereinafter „the Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "the buyer") via internet shop of the seller. Online store is operated by the seller on the web page on the internet at (hereinafter referred to as „ the website"), and through the interface of the website (hereinafter referred to as "web interface of the shop").

1.2. Business conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods within their business or in its separate profession.

1.3. The provisions of the business terms and conditions are an integral part of the purchase contract. Purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.

1.4. The text of the business conditions may be modified or supplemented by the seller. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of business conditions.

2. The Conclusion of the Purchase Contract

2.1. All of the goods placed in the web interface of trade is informative and the seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph. 2 of the Civil Code shall not be applied.

2.2. The web interface of the shop contains information about the goods and includes the prices of individual goods. Prices of goods include value added tax and all related fees. The prices of goods remain in force for a period of time, when they are displayed in the web interface of the shop.

2.3. The web interface of trade also includes information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech republic. Delivery of goods outside the territory of the Czech republic may have different terms and conditions.

2.4. The buyer can also order goods without prior registration directly from the web interface of the shop.

2.5. For ordering the goods, the buyer fills in an order form in the web interface of the shop. The order form contains especially information about:

2.5.1. ordered goods (ordered goods "puts" buyer in the electronic shopping cart of web interface trade),

2.5.2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and

2.5.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as "the order").

2.6. Prior to sending the order to the seller, the buyer is allowed to check and change the data in the order submitted by the buyer, and also with regard to the buyer´s option to detect and correct errors when entering data into the order. The buyer sends the order by clicking on the button "to send the order". The data referred to in the order are considered by the seller as correct.

2.7. Sending the order is considered to be such act of the buyer, which in an undisputed way identifies the ordered goods, purchase price, the person of the buyer, the method of payment of the purchase price, and is binding upon the contracting parties a draft of the contract. A condition for the validity of the order is filling in all the mandatory data in the order form, familiarity with these terms and conditions on the website and the confirmation of the buyer with these terms and conditions met.

2.8. The seller immediately confirms the buye´r receipt of order by e-mail to the e-mail address of the buyer which address is specified in the user interface or in the order (hereinafter referred to as "electronic address of the buyer").

2.9. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the buyer for additional order confirmation (e.g. in writing or by telephone).

2.10. The proposal of the purchase contract in the form of the order has a validity of seven days.

2.11. The contractual relationship between the seller and the buyer arises delivery order acceptance (acceptance) that is sent by the seller to the buyer by electronic mail, and the e-mail address of the buyer.

2.12. In the event that any of the requirements referred in the order the seller cannot meet, the seller shall send to the buyer on the buyer's email address amended offer, indicating the possible variants of the order and shall request the opinion of the buyer.

2.13. The amended offer is considered to be a new draft of the purchase contract and the purchase contract in such a case is concluded when accepted by the buyer via electronic mail.

2.14. The buyer agrees with the use of distance communication means when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (costs of internet connection, telephone costs) borne by the buyer, and these costs are different from the basic rate. The seller pays no costs when using distance communication charges.

3. The Price of the Goods and Payment Conditions

3.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract may be payed by the buyer to the seller in the following ways:

3.1.1. in cash at the address of the seller;

3.1.2. cashless transfer to the seller's account no. xxxx maintained by the company (hereinafter referred to as "seller's account");

3.2. Together with the purchase price, the buyer is obliged to pay the seller also costs associated with packaging and delivery of the goods at an agreed rate. Unless expressly stated otherwise, the further purchase price and the costs associated with the delivery of the goods.

3.3. The seller shall not be required from the buyer's deposit or other similar payment. This is without prejudice to the provisions of the article. 4.6 of the Commercial Conditions concerning the obligation to pay the purchase price of the goods in advance.

3.4. In the case of payment in cash or in the case of payment on delivery, the purchase price shall be payable upon receipt of goods. In the case of cashless payment, the purchase price shall be payable within 15 days from the conclusion of the purchase contract.

 3.5. In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with stating the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the account of the seller.

3.6. The seller is entitled, in particular in the event that the buyer does not receive additional confirmation of the order (art. 2.9), to require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119, para. 1 of the Civil Code shall not apply.

3.7. Any discounts from the price of the goods supplied by the seller to the buyer cannot be mutually combined.

3.8. The seller shall issue the invoice in respect of payments made under a contract buyer tax document. The tax document – invoice - is issued by the seller to the buyer after payment of the price of goods and send  electronically to the electronic address of the buyer.

4. Withdrawal from the purchase contract

4.1. If this is not the case referred to in the provisions of § 1837 of the Civil Code, where you cannot withdraw from the purchase agreement, the purchaser has the right, in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days from receipt of the goods, and in the case that the subject of the purchase is of several types of goods or delivery of several parts, the period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be send to the seller within the deadline referred to in the previous sentence.

4.2. The buyer may use model form provided by the seller to withdraw from the purchase contract,, annexed to business conditions. The buyer may send the withdrawal from the purchase contract,  inter alia address of the seller. For the service of the withdrawal from the contract apply the provisions of the article. 11 of these terms and conditions.

4.3. In case of withdrawal from the purchase contract according to the article. 4.1 of the business terms the purchase contract is from the beginning of the repealed The goods must be returned to the seller within fourteen (14) days from the withdrawal from the contract to the seller. If the purchaser withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, and even in that case, when the goods cannot be returned because of their nature usual postal route.

4.4. In the case of withdrawal from the contract according to the article. 4.1 business conditions, the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract by the buyer, and it in the same way they were accepted by the seller from the buyer. The seller is also entitled to return performance provided by the buyer when returning the goods by the buyer or in another way, if the buyer will agree and will not incur the buyer additional costs. If the purchaser withdraws from the purchase contract, the seller is not obliged to return received funds to the buyer before the buyer returns the goods or proves that the goods was sent to the seller.

4.5. Being entitled to reimbursement of the damage incurred to the goods, the seller is entitled to unilaterally against the buyer's right to refund the purchase price.

4.6. By the time of receipt of the goods by the buyer the seller shall be entitled at any time withdraw from the purchase agreement. In such a case, the seller returns the purchase price to the buyer without undue delay in direct transfer to an account designated by the buyer.

5. Shipment and Delivery of Goods

5.1. In the case that the way of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this way of transport.

5.2. If the seller under the purchase contract must deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

5.3. In the event that due to reasons on the side of the buyer of the goods these are to be delivered repeatedly or otherwise than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another delivery method.

5.4. When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a breach of the package indicative of intrusion into the consignment buyer may not take the package.

6. The Rights of Defective Performance

6.1. The rights and obligations of the contracting parties regarding the rights of defective performance shall be governed by the relevant generally binding regulations (particularly the provisions of § 1914 to 1925, § 2099 to 2117 and sections 2161 to 2174 of the Civil Code).

6.2. The seller is responsible to buyer that the goods on receipt do not have defects. In particular, the seller is liable to the buyer, that at the time when the buyer received the goods:

6.2.1. the items property, which the parties have agreed, and, in the absence of agreement, such properties that the seller or manufacturer described or buyer                 expected given the nature of the goods and on the basis of the advertising carried out by them,

6.2.2. the goods are fit for purpose that seller provides for its use or to which goods of the same type are normally used

6.2.3. the goods corresponds to the quality or performing the agreed sample or draft, if the quality or design determined according to the agreed sample or  template,

6.2.4. is the item in the corresponding quantity, measure or weight and

6.2.5. the goods comply with the requirements of legislation

6.3. The provisions referred to in the article. 6.2 of these terms and conditions shall not apply to goods sold at a lower price to a defect for which the lower price was negotiated, on the wear and tear of the goods caused by their common use, in used goods for the defect corresponding to the degree of use or wear of the goods at the time of the takeover by the purchaser, or if it appears from the nature of the goods.

6.4. If the defect is manifested within six months of receipt, it shall be deemed that the goods were already defective when received.

6.5. Rights of defective performance shall be exercised by the buyer at the seller at the address of its registered office. For the moment the complaint is considered to be the moment when the seller receives the claimed goods from the buyer.

6.6. Other rights and obligations of the parties relating to the liability of the seller for defects can modify the Complaints Procedure of the seller.

7. Other Rights and Obligations of the Contracting Parties

7.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods

7.2. The seller is not in relation to the buyer bound by any Codes of Conduct within the meaning of § 1826 paragraph. 1. e) of the Civil Code.

7.3. Out-of-court handling of consumer complaints is provided by the seller via the electronic address e-shop@nala.cz. Information about the handling of the buyer´s complaint the buyer will be send by the seller to the buyer's email address.

7.4. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out in the framework of its competence, the competent trade licensing office. Supervision of the protection of personal data performed by the Office for the protection of personal data. The Czech trade inspection performs within the defined scope, inter alia, supervision over compliance with act no. 634/1992 Coll., on consumer protection, as amended.

7.5. The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765, paragraph. 2 of the Civil Code.

8. The Protection of Personal Data

8.1. The protection of personal data of the buyer, who is a natural person, is provided by act no. 101/2000 Coll., on the protection of personal data, as amended.

8.2. The buyer agrees with processing these personal data: name and surname, address of residence, identification number, tax identification number, electronic mail address, telephone number, and (hereinafter collectively referred to as "personal information").

8.3. The buyer agrees to the processing of personal data by the seller for purposes of realization of rights and obligations from the purchase contract. If the buyer chooses another option he agrees to the processing of personal data by the seller also for the purpose of sending information and business communication from the buyer. Consent to the processing of personal data in its entirety under this article is not a condition which itself would prevent the conclusion of the purchase contract.

8.4. The buyer acknowledges that he is obligated to post his own personal data (when ordering from the web interface of the shop or any other communication with the seller) correctly and truthfully and that he shall without undue delay inform the seller about change in the personal data.

8.5. Processing of personal data by the buyer the seller may appoint a third party as a processor. In addition to the persons transporting the goods will not be personal data by the seller without the prior consent of the buyer passed on to third parties.

8.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.

8.7. The buyer confirms that the provided personal data are accurate and that he was advised that this is a voluntary provision of personal data.

8.8. In the event that the buyer thought the seller or processor (art. 9.5) performs the processing of his personal data, which is in contradiction with protection of private and personal life of the purchaser or in conflict with the law, especially if personal data are inaccurate with regard the purpose of their processing, he may:

8.8.1. ask the seller or processor for the explanation,

8.8.2. require the seller or processor to remedy the situation.

8.9. If the buyer asks for the information about the processing of his personal data, the seller is obliged to deliver this information. The seller has the right to provide information pursuant to the previous sentence, require reasonable compensation not exceeding the costs necessary for the provision of information.

9. Sending Commercial Messages and Storing Cookies

9.1. The buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agrees to receive commercial communications seller to buyer's email address. The buyer may withdraw consent to receive information at any time on the electronic address of the seller: : e-shop@nala.cz.

9.2. The buyer agrees with storing cookies on his computer. In the event that the purchase on a web page can be made and the obligations of the seller under the purchase agreement to perform, without causing store cookies on your computer buyer, the buyer may consent under the previous sentence revoked at any time.

10. Delivery

10.1. Notification concerning relations of the seller and the buyer, in particular regarding the withdrawal from the purchase contract, must be received by mail by registered letter, unless the purchase contract provides otherwise. The notice shall be delivered to the relevant contact address of the other party, and shall be deemed delivered and effective upon their delivery through the mail, with the exception of the notification of withdrawal from the contract by the buyer, when is the resignation effective, if notification by the buyer within the time limit for the withdrawal is sent. 10.2. In the inbox is considered also a notice, whose takeover was the addressee refused, which was not picked up in the storage time, or that are returned as undeliverable.

10.3. The contracting parties can normal correspondence to each other to deliver via electronic mail, and the e-mail address indicated in the user account of the buyer or specified by the buyer in the purchase order or to the address listed on the web page of the seller.

11. Final Provisions

11.1. If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by the Czech Law. This does not affect the consumer rights resulting from generally binding legal regulations.

11.2. If any provision of these terms and conditions is invalid or ineffective, or such happens, the invalid provision is replaced by a provision whose meaning is as close as possible to previous invalid provision. The invalidity or unenforceability of one provision shall not affect the validity of the other provisions. Changes and supplements to the purchase contract or business conditions require written form.

11.3. The purchase agreement including the gtc is archived by the seller in electronic form and is not accessible. 11.4. The annex to the business conditions form the model form for withdrawal from the purchase contract.

11.4. The annex to the business conditions forms the model form for withdrawal from the purchase contract.

11.5. Seller's contact information:

NALA P&V, Tuchoměřice, Dubová 63, postal code 252 67, electronic address: e-shop@nala.cz.