Terms and Conditions
trading company NORDBEANS, s.r.o.
based in:1. máje 868/11, Liberec III-Jeřáb, 460 07 Liberec
establishment:Ruprechtická 365/55, Liberec 1
ID: 043 27 250, VAT no.: CZ 043 27 250
registered with the Regional Court Ústí nad Labem, file number C 36134
for the sale of goods to wholesalers, retailers, and through an online store located on the Internet at www.nordbeans.cz
1/ INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter „terms and conditions“) were issued by trading company NORDBEANS, s.r.o., based in: 1. máje 868/11, Liberec III-Jeřáb, 460 07 Liberec, registered with the Regional Court in Ústí nad Labem, file number C 36134, (hereinafter „seller“) adjusted in accordance with the provisions of § 1751 odst. 1 Law. no . 89/2012 Sb., Civil code (hereinafter „Civil code“) mutual rights and obligations of the parties arising in connection with or under a purchase contract (hereinafter „purchase contact“) concluded between the seller and any other physical person (hereinafter „buyer“) through seller's online store. Online store is operated by the seller placed on a Web page on the Internet at www.nordbeans.cz (hereinafter „web pages“), through a website interface (hereinafter „ Web-based commerce “).
Terms and conditions do not apply to cases when the person who intends to buy goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their independent practice of the profession.
Provisions diverging from commercial terms can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the commercial terms.
Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase agreement may be concluded in the Czech language.
The Business Conditions may be 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
Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter referred to as “ user account “). In the event that the web interface allows, the buyer may also order goods without registration directly from the web interface business.
When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer is in obligation to update. The data referred to by the seller in the user account and ordering goods by the buyer are deemed to be correct.
Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
Buyer shall not allow the use of his user account to third parties.
Seller may cancel the user account, especially when the buyer doesn’t use his user account for more than 1 calendar year , or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).
Buyer acknowledges that the user account might not be accessible at all times, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3/ ENTERING INTO A PURCHASE AGREEMENT
All presentations of goods placed in the web interface of the shop is informative and seller is not obliged to conclude a purchase agreement regarding this product. Provisions & sect; 1732, paragraph. 2 of the Civil Code does not apply.
Web interface provides information about the products, including the prices of individual goods. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
Web interface also contains information on the costs of packaging and delivery. Information on 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.
To order goods, the buyer fills an order form in the web interface business. The order form contains particular information about:
ordering goods (merchandise“inserts“the buyer into an electronic shopping cart business web interface,
method of payment of the purchase price, details of the desired method of delivery of the ordered goods
Information on the costs associated with the delivery of goods (hereinafter collectively referred to as “order”).
Before sending the order to the seller, the buyer is allowed to check and modify data in the order, even with regard to the possibility of the buyer detecting and correcting errors during data entry in order. The buyer sends the order by clicking on the“send the order ". The information specified in the order by the seller is deemed to be correct. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter referred to as“e-mail address of the buyer“).
Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
The contractual relationship between seller and buyer arises delivery order acceptance (acceptance) which is sent to the buyer by e-mail, at the e-mail address of the buyer.
Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4/ PRICE AND PAYMENT TERMS
The price of goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
- Cash to the seller at Ruprechtická 365/55, Liberec 1;
- through cashless payment system to the seller at Ruprechtická 365/55, Liberec 1;
- Cash on delivery at the place designated by the purchaser in the order;
- bank transfer to the account of the seller (hereinafter referred to as “the seller's account“), account informations:
- Bank: Komerční banka
- SWIFT: KOMBCZPPXXX
- IBAN: CZ9401000001153622460267
- Account number: 115-3622460267/0100
- cashless payment by card;
- through a loan provided by a third party.
Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
The seller asks the buyer to pay a deposit or other similar payments. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.
In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable by 5 days from the purchase contract.
In the case of cashless payment, the buyer is obliged to replace the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the account of the seller.
The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods to the buyer. Provisions § 2119, paragraph. 1 of the Civil Code shall not apply.
Any discounts the price of goods provided by the seller to the buyer can be combined.
If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document – invoice. Seller is a payer of value added tax. Tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
5/ WITHDRAWAL FROM THE PURCHASE CONTRACT
Buyer acknowledges that pursuant to the provisions § 1837 of the Civil Code, can be among others to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or the person from the contract for the supply of goods subject to rapid deterioration, as well as goods which had been delivered irrevocably mixed with other goods from the purchase contract for the supply of sealed goods which the consumer has removed from its packaging and hygiene reasons it is not possible to return from a purchase contract for the supply of audio or video recordings or computer program, if violated their original packaging.
If this is not the case referred to in art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with the provisions & sect; 1829, paragraph. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days of receipt of goods, in which case the contract of sale are several types of goods or supply of several parts, running the period from receipt of the final delivery of goods . Withdrawal from the contract must be sent to the Seller within the period mentioned in the previous sentence. For withdrawal from the contract the buyer used the standard form provided by the seller, annexed trading conditions. & Nbsp; & nbsp; Withdrawal from the contract buyer can send inter alia, the address of the seller or the seller's e-mail address firstname.lastname@example.org
In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their usual character by post.
In case of withdrawal pursuant to Art. 5.2 returns the vendor funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer, in the same way as the seller from the buyer received. The seller is also entitled to return performance by the buyer at the time of returning the goods the buyer or otherwise, unless the buyer agrees that the buyer and not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before him purchaser returns goods or demonstrate that the goods sent to the entrepreneur.
Claim for damages caused to the goods, the seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price.
Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, and bank transfer to an account designated by the buyer.
If with goods provided the buyer a gift, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift efficiency and the buyer is required with the goods seller also return provided gift.
6/ TRANSPORT AND DELIVERY
The prices for transportation offered in the order form are valid for up to 4 kg of weight. In case the weight of the order is over the limit, the mode of transportation will be negotiated with the buyer through e-mail or other similar means.
In the event that the mode of transportation contracts based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the reunion package indicative of intrusion into the consignment may not buyers shipment from the shipper to take over.
Other rights and obligations of the parties in the transport of goods that can modify a specific delivery conditions of the seller, if the seller issued.
7/ RIGHTS OF DEFECTIVE PERFORMANCE
The rights and obligations of the parties regarding the rights of defective performance is governed by generally binding regulations (in particular those of § 1,914 to 1,925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
Seller is responsible, on receipt of the goods has defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
the goods are qualities that the parties have agreed, and the absence of agreement, has characteristics that describe the seller or the producer or the buyer expected given the nature of the goods and based on advertising they carry,
the goods are fit for the purpose which the seller says its use or for which goods of the same type are normally used,
goods correspond to the agreed quality or design sample or template, if it was quality or performance determined in accordance with the agreed sample or template,
the goods in the right quantity, measure or weight and
the goods comply with the legal requirements.
The provisions referred to in Article. 7.2 business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated, the wear and tear of the goods caused by its common use, the used goods at fault by use or wear that goods had to take over the buyer, or if it appears that the nature of the goods.
When manifest defect within six months after the takeover, it is assumed that the goods were defective at the time of takeover.
Rights of defective performance puts the buyer with the seller at his premises in which it is possible taking into account the assortment of goods sold, possibly in the seat or place of business. & Nbsp; In a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
Other rights and obligations of the parties related to the responsibility of the seller for defects can modify the complaints procedure seller.
8/ OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The buyer acquires ownership of the goods by paying the entire purchase price.
Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826, paragraph. 1 point. e) Civil Code.
Court complaint consumer provides the vendor via electronic address email@example.com. Information about the handling of complaints buyer sends the seller to the buyer's email address.
The seller is entitled to sell goods at a merchant. Trade control is carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the defined scope, among others supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
Buyer hereby takes on himself the danger of changing circumstances within the meaning of & sect; 1765, paragraph. 2 of the Civil Code.
Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, and phone number (hereinafter collectively referred to as“personal data“).
Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer chooses another option, agrees to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety under this Article is a condition which would in itself made it impossible to conclude a purchase agreement.
Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer chooses another option, agrees to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety under this Article is a condition which would in itself made it impossible to conclude a purchase agreement..
Processing of personal data Seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer forwarded to third parties.
Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
The buyer confirms that the personal data is accurate and that he was advised that it is voluntary to provide personal information.
In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:
ask the seller or processor for an explanation,
require the seller or processor to correct the situation.
If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10/ Sending commercial messages STORAGE AND COOKIES
Buyer agrees to receive information related to the goods, services or company the seller to the buyer's email address and agree to receive commercial communications seller to buyer's email address.
Buyer agrees with saving so. Cookies on his computer. In the event that a purchase on the website can be made and the seller's obligations from the purchase contract to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time withdraw.
The buyer may be delivered to the email address specified in his user account or given by the buyer in the purchase order.
12/ FINAL PROVISIONS
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 regulations.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase agreement or terms and conditions require written form.
The purchase contract including terms and conditions the seller is archived in electronic form and is not accessible.
Attachment business conditions form a model form for withdrawal from the contract.
Contact details seller: postal address Ruprechtická 365/55, Liberec 1 , E-mail address firstname.lastname@example.org, telefon 724 866 650.
In Liberec on the 1. 9. 2015