Trading company Idol spas s.r.o., Id. No.: 04313348, VAT number: CZ04313348, with its registered office at CS Armády 659, 252 26 Jílové u Prahy, registered in the Commercial Register kept at the Municipal Court in Prague, section C, insert 85190, e-mail: firstname.lastname@example.org, tel.: +420 271 750 696, (hereinafter referred to as “Seller”), issues with effect from 1.4.2016 the following Terms and Conditions:
I. Introductory provisions and definitions of terms
1.1 These Terms and Conditions govern the mutual rights and obligations between the Seller, on the one hand, and the Buyer on the other (hereinafter referred to as the “Buyer”) when selling the goods. Not just for hot tubs.
1.2 By paying the goods, the Buyer confirms that he has become familiar with these Terms and Conditions and that he expressly acknowledges that these Terms and Conditions are an integral part of the purchase agreement between him and the Seller. The terms and conditions are also available for inspection on the seller’s internet portal www.virivky.net and on the virive-vany-bazeny.cz.
1.3 If the buyer is the consumer as defined in section 1.4 below, the relations not governed by these Terms and Conditions are governed by act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Consumer Protection Act”) and then by Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”).
1.4 Buyer – the consumer is every buyer, unless he is a buyer who is an entrepreneur and at the conclusion of the contract it is clear from the circumstances that the purchase does not concern his business activity. The entrepreneur is one who self-employed on his own account and responsibility for a gainful activity by a trade or other similar means with the intention of doing so consistently for the purpose of making a profit, and when the contract is concluded, it is clear from the circumstances that the purchase relates to his business. If the buyer is an entity other than the consumer, i.e. the buyer is a member of the consumer, the buyer is not the same as the consumer. business man, the relationships not regulated by these terms and conditions of the ObčZ are governed.
1.5 The Seller is a legal person who acts in the course of his business activities when concluding and performing the contract. The seller offers buyers products and provides services, especially hot tubs, whirlpool outdoor pools, saunas and related accessories, as well as related services.
1.6 The subject of the purchase – the subject of the purchase on the basis of the purchase contract is the goods specified in the purchase contract (hereinafter referred to as “goods”). The data specified in the purchase contract at the time of conclusion of the purchase contract are decisive.
Ii. Transport and shipping conditions
2.1 The Buyer is obliged to take over the goods in accordance with the purchase contract. The buyer is only entitled to receive the goods and related documents if he has already paid the full purchase price for the purchased goods.
2.2 The goods located in the seller’s warehouse are obliged to remove the buyer immediately after payment of the entire purchase price, unless otherwise agreed with the Seller.
2.3 The goods may be transported to the Buyer in the following ways:
1. The buyer will arrange the transport himself, from the place of the shop at zděbradská 56, Jažlovice. Seller shall not be liable for damagecaused by its own carriage.
2. Transport provided by the Seller, which is charged, according to the following:
- for longer distances, the minimum price for transport is calculated 18CZK/km with VAT (over 250 km back and forth; the exit point is the shop Zděbradská 56 – Jažlovice).
- for shorter distances, the minimum price for transport is calculated 21,-CZK/km with VAT (up to 250 km back and forth)
3. Contract carrier. In this case, the price is determined according to the current price list of the contract carrier. Seller shall not be liable for damages caused by contractual carriage.
2.4 The price of transport does not include:
a) Work of technicians on the spot (commission ing the goods and professional training of the buyer) – handling of goods. This is provided by the Buyer himself or by the Seller’s technicians under the following payment conditions:
786,-KČ incl. VAT/each and started hours/1 person
18,-Kč incl. VAT/km – journey counted back and forth from the headquarters of the showroom
2.5 If the Buyer and the Seller have agreed on transport and assembly in any other way, it will be expressly stated in the purchase contract.
2.6 For the removal of large goods (whirlpools), the necessary number of workers will always be provided at the place of unloading by the buyer (the number of persons is determined after consultation with the Seller’s technician and taking into account the accessibility of the place where the goods are to be installed). Alternatively, the move can be ordered from the Seller at the buyer’s expense.
2.7 If the parties agree in writing after the conclusion of the order, the delivery time originally set shall be extended accordingly, unless expressly stated otherwise in writing.
Iii. Prices and payment terms
3.1 Seller’s prices listed in the brick-and-mortar store may not always match the prices in the online store at www.virivky.net and www. virive-vany-bazeny.cz. The price does not include the transport of goods, the installation of purchased goods, etc.; prices for these services are charged separately and will be broken down in the purchase contract.
3.2 Prices are contractual prices and are quoted including VAT (Seller is vat payer).
3.3 The Buyer is obliged to pay the Seller the purchase price properly and in a timely manner. The goods will be handed over to the buyer only after the full payment of the purchase price. When the goods are handed over to the buyer, the delivery note is signed and all documentation relating to the goods transferred is handed over.
3.4 The Buyer shall pay the purchase price in any of the following ways: by wire transfer, cash or credit card.
3.5 If the goods are to order, the buyer will pay a deposit when ordering, usually in the amount of 40 of the purchase price, unless otherwise agreed. The buyer is obliged to pay the remaining part of the purchase price before taking over the goods, in the manner specified in point 3.4. If the buyer does not pay the purchase price on time or at all or otherwise prevents the delivery of the goods, he is obliged to pay the seller a contractual penalty corresponding to 10 purchase price including VAT. The Buyer declares that he considers the contractual penalty thus agreed to be reasonable.
Iv. Reservation of ownership
4.1 The risk of accidental destruction and accidental deterioration of the goods passes to the buyer by handing over the goods to the buyer (confirmation of the delivery note).
4.2 Ownership of the goods passes to the Buyer only after full payment of the purchase price and fulfilment of all financial obligations of the Buyer towards the Seller.
V. Acceptance Quality Warranty, Rights from Defective Performance and Claim Rules
5.1 The Seller corresponds to the buyer to the consumer that the thing does not have defects in the matter upon receipt (guarantee for quality on takeover pursuant to § 2161 ObčZ).
5.2 If the item does not have the characteristics specified in accordance with § 2161 Of the ObČZ, the buyer may also request the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only request the replacement of the component concerned by the defect; if this is not possible, the buyer has the right to withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect from the Seller. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount from the Seller. The buyer consumer has the right to a reasonable discount even if the Seller cannot supply him with a new item without defects, replace his part or repair the item, even if the Seller does not remedy within a reasonable time or that the remedy to the buyer would cause considerable difficulties to the buyer.
5.3 If the defect occurs within six months of receipt of the goods by the consumer, it is considered that the item was defective already at the time of receipt.
5.4 The rights of defective performance do not belong to the Buyer, in the case of defects in goods that were caused by the transport of goods carried out by the Buyer or by improper handling or assembly carried out by the Buyer.
5.5 The defect of goods or hot tubs is not the usual color difference for natural materials, textile and artificial materials (i.e. for example, if the patterns are in a different colour tone) or painted surfaces, especially for additionally ordered goods. For items sold at a lower price, the seller is not responsible for the defect for which a lower price has been agreed.
5.6 The Seller reserves the right to minor technical changes to the goods sold.
5.7 The right to defective performance does not apply to the wear and tear of the item caused by its usual use, improper use or treatment, due to weather conditions, improper handling, intentional damage or defects to which the buyer has been notified in writing in the purchase contract.
5.8 The buyer consumer is entitled to exercise the right from the defect that occurs in the goods within twenty-four months of receipt, the buyer entrepreneur according to 1.4 within the six months of receipt. For used goods, the parties negotiate a period for the exercise of rights amnesthetised performance within twelve months of receipt.
5.9 For the buyer of the entrepreneur according to 1.4, in the event of defective performance, it is agreed by way of derogation from the relevant provisions of the Obč.Z. Following:
- the occurrence of a recoverable defect is always considered to be an insignificant breach of contract, not a material breach,
- in the event of a non-material breach of the contract, the buyer entrepreneur has the right to remedy the defect or a reasonable discount on the purchase price, at the seller’s choice,
- in the event of a material breach of the contract, the buyer entrepreneur has the right to a reasonable discount on the purchase price or to withdraw from the contract.
5.10 Rights amused by defective performance apply to the Seller at Zděbradská 56, Jažlovice or at the e-mail address email@example.com.
5.11 Complaint procedure: Describe the defect as accurately as possible, preferably by sending a detailed description with photodocumentation to the e-mail: firstname.lastname@example.org. On the basis of this information, further communication and readiness of the technician for service are based.
5.12 Transport the goods to the Seller’s premises at Zděbradská 56, Jažlovice or pay for the transport of the Seller’s technician who is going to carry out the repair according to the following:
- 21Kč incl. VAT/km within Prague
- or 18Kč incl. VAT/km outside Prague
There’s a way back and forth. The exit is always from the shop at zděbradská 56, Jažlovice. The transport is paid in cash directly to the Seller’s technician, unless otherwise agreed in advance.
Transport is not paid in case of payment of a superior package Of connection, training in the purchase of goods, or other, pre-agreed, above-standard terms and conditions mentioned in the Purchase Contract and in the case of a legitimate complaint
5.13 The Seller shall decide on the buyer’s complaint immediately, in complex cases within 3 working days. This period shall not include a period appropriate to the type of goods required for the expert assessment of the defect. Complaints including the removal of the defect must be settled without undue delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The buyer is obliged to provide a so-called effective synergies. In particular, allow the possibility of inspecting or repairing the goods within the agreed date, or preparing the goods for transport or taking it over after repair.
5.14 In the event of the return of part or all of the purchase price for the goods to the Buyer, for any reason (e.g. discount on the purchase price, withdrawal from the contract), it will be returned to the Buyer by bank transfer to the account which the Buyer tells the Seller for this purpose, unless otherwise agreed.
Vi. Post-warranty service
6.1We provide under the following conditions:
Spare parts are paid in full by the buyer.
In addition, the following shall be paid for by:
- 823,-Kč incl. VAT/hour of technician work
- 21Kč incl. VAT/km within Prague
- or 18Kč incl. VAT/km outside Prague
There’s a way back and forth. The exit is always from the Seller’s shop at Zděbradská 56, Jažlovice.
6.2 The total amount is paid in cash directly to the Seller’s technician, unless otherwise agreed in advance.
6.3 The service performed by the technician on the spot is documented on the Service Sheet, which he signs and endorses by the buyer.
Vii. Final provisions
7.1 All contractual relations are governed by Czech law.
7.2 These Terms and Conditions shall take effect on the date of their publication and shall be applicable in the appropriate version to all orders placed on that date and later. Seller reserves the right to change these Terms and Conditions.
7.3 The Buyer is not entitled to assign its claim against the Seller under this Agreement to a third party without the Seller’s consent.
7.4 The Purchase Contract does not require written form. If the purchase contract was concluded in writing, its changes and accessories must be made in writing.
7.5 Special arrangements with the Buyer made in writing in their own purchase contract shall prevail over those provisions of these Terms and Conditions which would be contrary to them.
Viii. Consent to the processing of personal data
8.1 The Seller will, as the controller of personal data, process the personal data of the buyer specified in the order, i.e. the personal data of the buyer. name, surname, address, email address and telephone number of the buyer (hereinafter referred to as “buyer’s personal data”).
8.2 The buyer’s personal data will be processed by the authorized employees. The Processor ensures the protection of the buyer’s personal data.
8.3 The buyer’s personal data will be processed for the fulfilment of the seller’s contractual obligations and for the seller’s marketing purposes.
8.4 Buyer’s personal data will not be provided to third parties except the contractual processor of personal data.
8.5 As a data subject, the Buyer has the right to access and rectify his/her personal data processed by the Seller.
8.6 The buyer’s telephone number and e-mail will be retained for the duration of the Buyer’s consent to the processing of such data.
8.7 The Buyer provides its data voluntarily in connection with the conclusion of the purchase contract and the performance resulting from this purchase contract and for the seller’s marketing purposes.
8.8 The Buyer is entitled to withdraw his consent to the processing of personal data at any time.