Terms and conditions of sale and warranty for Konsepti e-shop (hereinafter also as “the TCSW”)
These TCSW for purchasing in the e-shop www.d1one.cz run by Konsepti Ltd. are valid from January 1st, 2014.
The TCSW regulate and specifythe relationships between contracting parties of the purchase contract entered into by and between the seller KONSEPTI, Ltd., with registered office at Komunardů 32, 170 00, Prague 7, company identification number 63668203, incorporated in the Companies Register by the City Court in Prague, section C entry 37570 at the register court of Prague (hereinafter also as “Konsepti“) at the one side, and individual buyers (hereinafter also as “the Buyer“) on the other side.
The Buyer is the Consumer or the Enterpriser.
The Consumer: every person who concludes a contract or deals with Konsepti beyond the purview of his/her enterpreneur activity or individual occupation.
The Enterpriser: one who pursues his/her self-employed activity on his/her own account and responsibility on a trade-licencebasis or any other basis with the intention to do so continuously and for the purpose of making profit. For the purpose of consumer protection, besides other things, the Enterpriser is also every person who concludes contracts related to his/her own business activity, production activity etc., or to his/her self-employed activity, or every person acting on behalf or on the account of the Enterpriser.
The Buyer is aware that purchasing products from the commercial offer placed on the website www.d1one.cz does not give him/her the right to use registered trademarks, business names, company logos etc.of Konsepti or any of its contract partners, unless in a particular case stipulated otherwise by means of a separate contract.
All contractual relations areconcluded in compliance with Czech Republic Law. When the Consumer is the contracting party, these relations abide by the Civil Code (no. 89/2012 Coll.) and consumer protection law (no. 634/1992 Coll.), all subsequently amended. When the Enterpriser is the contracting party, these relations abide by the Civil Code (no. 89/2012 Coll.), all subsequently amended; nevertheless,consumer contracts regulations (distance contracts regulations) contained in Act no. 89/2012 Coll. and other consumer protection regulations are not applied in this case. The provisions of the TCSW are an integral part of the purchase contract. Both the TCSW and the purchase contract are drawn up in Czech language. Provisionsregarding legal consumer rights apply only when the Buyer is the Consumer (e.g. withdrawal from contract referred to in § 1829 and following.).
By concluding the purchase contract, the Buyer affirms that he/she got acquainted with the TCWS and he/she agrees with them. Prior to transacting the order, the Buyer is additionally alerted to the TCSW and has the chance to get acquainted with them. The concluded contract is archived on the side of Konsepti for the purpose of its successful execution and is not accessible to any third parties.
Information about the individual technical steps leading to the closure of the contract is visible from the process of ordering in the e-shop www.d1one.cz and the Buyer has the chance to check the order (prior to sending it) and, as the case may be, correct it. The TCSW are accessible on the website of Konsepti www.d1one.cz which makes it possible for them to be archived and reproduced for the Buyer. Moreover, the Buyer receives the TCSW as an attachment of his/her order confirmation to given e-mail address.
Notifications prior to concluding the contract
a) It performed its duty towards the Consumer referred to in § 1811 Paragraph 2 Act no. 89/0212 Coll. of the Civil Code when it communicated to the Consumer prior to his concluding the contract:
- its identity, or as the case may be telephone no., e-mail address or another contact information,
- identification of the goods or another services and description of their properties,
- the price of the goods or other services, its calculation including all taxes and fees,
- the means of payment and means of delivery or performance,
- delivery costs, or a statement of an additional chargein case it is not possible to set the delivery costs beforehand,
- information about the rights in case of defective performance, the warranty rights and other conditions when exercising these rights,
- information about the commitment period and conditions of commitment termination, in case the contract is to be concluded for unlimited time period,
a) thecosts of long-distance communication means do not differ from the basic fee (in case of an internet or telephone connection according to the conditions of the Buyer´s operator). Konsepti does not charge any additional fees, except for possible contractual transportation,
b) in case the Consumer as the Buyer should withdraw from the contract, he/she will bear the costs of returning the goods in case it cannot be returned by means of the usual postal services because of its nature,
c) if service providing is the subject of the contract and the performance of this service has already started, the Consumer is obliged to pay the proportional price in case he/she withdraws from the contract.
On the website of its e-shop www.d1one.cz Konsepti presents goods for sale including the price of individual items. The price is stated both without VAT and including VAT. The offered goods and their prices are effective for as long as they are displayed in the e-shop, with the exception of the regulation related to evident error in writing.
Placing the offered goods on the website www.d1one.cz serves as the draft contract, where the purchase contract is created by sending off the offer to the Buyer and receiving the order on the side of Konsepti. This receipt is immediately confirmed to the Buyer by means of an acknowledgement e-mail sent to the given e-mail address; however, this acknowledgement does not have any influence on the contract creation.
The created contract (including the agreed price) can be changed or cancelled only if both sides agree or based on legal grounds.
Prior to sending the order, the Buyer is enabled to verify and change the data he/she has entered into the order form, especially with regard to the Buyer´s possibility to find out and correct mistakes which may have arisen when filling out the order form. The Buyer sends off the order form to Konsepti by clicking on “Confirm order”. By concluding the purchase contract, the Buyer affirms that he/she has got acquainted with the TCSW and agrees with them. Konsepti in a sufficient way calls the attention of the Buyer to the TCSW prior to placing the order and the Buyer has the chance to get acquainted with them.
Konsepti further reserves the right to cancel the order in case of an obvious error in the price of the goods (e.g. the price differs from the one which is usual for this kind/type of goods). An obvious error in price involves faulty stating of the first three figures instead of four, an obviously low price, and other errors in writing. In such situation, Konsepti immediately contacts the Buyer in order to agree on the ensuing steps. In case the Buyer has already paid a part of/the whole purchase price, this amount will be paid back to him/her (in the shop in person, by bank transfer to the account or to the address) in the shortest possible time, i.e. within 10 working days, but no later than 30 days from the cancelation of the order on the side of Konsepti.
Konsepti reserves the right to change the price. Valid prices are confirmed to the Buyer at the moment he/she receives the acknowledgement of his/her order. All prices are final, i.e. including VAT or any other taxes or feeswhich must be paid by the Consumer in order to obtain the goods.
Payment terms constitute cash payment upon the delivery of the subject of performance or the possibility to use other payment methods listed below. Konsepti is entitled to require an advance payment prior to the delivery and up to 100% value of the order. In case the advance payment is required, Konsepti issues “Advance payment – tax voucher”. The value of the advance payment is deducted on the tax voucher (invoice) upon the delivery of the goods.
Possible payment methods:
- Online payment by payment card
- Payment by bank transfer to the account at ČSOB: Account no. 117244623/0300
Installation and setup of the goods are not part of the purchase contract, unless a concrete offer stipulates the contrary.
Along with the purchase contract, The Buyer is obliged to pay to the supplier also the expenses related to the goods delivery (shipping, manipulation and setup of the goods, or as the case may be the enforced storage expenses) in the agreed amount.
Possible discounts from the price of goods provided by Konsepti to the Buyer cannot be combined.
Once the advanced payment including VAT in the agreed amount has been paid, the delivery time starts running, unless agreed otherwise by both contractual parties. The balance payment is due latest on the date of the delivery, unless agreed otherwise by both contractual parties or stated otherwise in the offer.
The goods become the property of the Buyer upon full reimbursement of the purchase price.
Rights related to defective performance
Rights and obligations of the contractual parties regarding defective performance rights abide by the generally applicable legislation (particularly by the provisions in § 1914 to 1925, § 2099 to 2117 a § 2161 to 2174 Act no. 89/2012 Coll. of the Civil Code).
Konsepti strongly recommends that the Buyer studies thoroughly the guarantee conditions including the Czech instructions for use prior to first usage and subsequently strictly abides by them. Or else the Buyer may incur the risk of damaging the item by incorrect usage and will not be able to enforce a claim within his/her right following from the responsibility for defect.
Konsepti is liable forselling a non-defective item at the moment of taking delivery. This means that the item to sell has the quality and particular performance required by the contract, described by Konsepti, the manufacturer or his representative, or expected on the bases of the promotion made by the afore-mentioned, or as the case may be the usual quality and performance of such type of an item, that it meets the respective legal requirements, that it is in the corresponding amount, measurement or weight and its purpose of use corresponds with the one stated by the Seller or with the purpose of use usual for such an item.
Should the item be defective or lack the qualities stated in the previous article and required by the respective law, the Buyer is entitled to a free of charge and timely elimination of the defect, delivery of a new non-defective item or new components, and if this is not possible, he/she is entitled to request an appropriate discount from the purchase price or to withdraw from the purchase contract.
The Buyer cannot exercise the right related to defective performance in case he/she knew that the item was defective when taking delivery, or in case he/she caused the defect him/herself. A defect which occurs within six (6) months from the date of taking delivery is considered a defect which has already been there at the moment of taking delivery.
Warranty period and claims
The Buyer is entitled to exercise the right related to defects within 24 months from the date of taking delivery with the exception of items separately listed in the offer.
The Buyer inspects the item as soon as possible upon taking delivery in accordance with § 2104 of Civil Code (no later than 24 hours from taking delivery) and performs the quality and quantity check.
The Warranty does not cover common wear and tear of the goods (or its components) caused by usage. In such case, shorter lifespan of the product cannot be considered a defect and cannot be claimed. Konsepti is obliged to provide the warranty in writing (guarantee document/acknowledgement) at the Consumer´s request. This document can be replaced by purchase document, if it includes business name of the Seller, identification number and registered address.
Buyers who use the goods for business or trade purposes use the warranty period set by each particular importer of the goods into Czech Republic. The above-mentioned 24-month warranty period is intended solely for Consumers, not Enterprisers. Enterprisers will be informed about the period in which they can exercise their rights related to defects during the contract negotiations.
Konsepti suggests a particularsettlement of the claim within 5 days. A claim can be settled either by means of repairing the goods on the spot or at the manufacturer, exchanging the goods, or providing an additional discount. The time period necessary for expert assessment of the defect (according to the type of goods or services) is not included in the above-mentioned claim settlement period. In case of manufacturer repair abroad, this period for eliminating the defect will be set by an agreement between the two parties.
The claim will be settled and the defect eliminated without undue delay, within thirty (30) calendar days ofthe claim enforcement, unless Konseptiand the Buyer agree otherwise. After the expiry of this time-limit, the Buyer can exercise the same rights as if the defect was ineliminable.
Konsepti issues to the Buyer a written document about the date of the claim enforcement, its content and means of settlement requested. Konseptialso issues(and sends by e-mail) a document confirming the date and means of the claim settlement, including a confirmation of the repair and specification of its duration. In case of a claim denial,Konsepti issues a written justification of this denial. This obligation also applies to other persons appointed to make the repairs.
- inappropriate use of the product (suchwhich the product was not tested, produced and intended to be used for)
- common wear and tear (“aging”)
- inappropriate manipulation, fall, deformation caused by a hit
- unwarranted interference with the construction or mechanics, repairs made by untrained personnel
- disrespecting the Instruction for Use, if translated
The time-limit for claim settlement is suspended in case Konsepti has not received all the data required to settle the claim (goods components, other data etc.). Konsepti is obliged to request the completion of this data from the Buyer without undue delay. The time-limit is suspended from this date until the requested data has been supplied by the Buyer.
In case the claimed goods needs to be sent to Konsepti, the Buyer in his/her own interest makes sure it has been wrapped in suitable and sufficiently protective wrapping material meeting the demands of fragile goods transportation. The Buyer will include all accessories and mark the consignment with relevant symbols.
Having settled the claim, Konsepti will then call upon the Buyer to take delivery of the repaired goods.
The claim is not applicable in case of inexpert assembly or inexpert putting the goods into operation, as well as inexpert handling, i.e. namely when using the goods in conditions with parameters not corresponding to those stated in the goods documentation.
Should the Buyer visit any service technician, it is necessary to devise a protocol about the identified defects and method of their elimination. Without this protocol such visit cannot be taken into account.
The Consumer´s right to withdraw form contract
The right to withdraw from contract in the e-shop is the Consumer´s right as referred to in the provisions of§ 1829 andfollowing of theCivil Code and can be exercised within fourteen (14) days from taking delivery. The Consumer is obliged to deliver the withdrawal to Konsepti within fourteen (14) days of taking delivery (in case the subject-matter of the contract constitutes more types of goods or delivery of more components, this time-limit starts running from the last delivery). The withdrawal from purchase contract must be sent to Konsepti within the time-limit set in the previous sentence. If the purchase is within the framework of a business activity, the right to withdraw from contract cannot be exercised.
The Consumer notes that, as referred to in the provisions of§ 1837 and following of the Civil Code, it is not possible to withdraw from delivery contract which has been adjusted according to the Buyer´s wish, as well as contract on delivery of goods subject to fast wear and tear, or in case the Buyer damages the original packaging of the goods.
In case of valid withdrawal from contract on the side of the Consumer, Konsepti is obliged to return the purchase price to the Consumer within fourteen (14) working days of the physical return of the goods, but no later than thirty (30) days from the reception of the withdrawal from purchase contract, and in the same manner Konseptihad received it from the Consumer, unless the Consumer sets otherwise. Konsepti is also entitled to return the contract performance provided to the Consumerupon the Consumer´s returning the goods, or in any other way, provided the Consumer agrees. Konsepti is not obliged to return the purchase price to the Consumer unless he/she has returned the goods or proves that it has been sent off. The Consumer bears all the costs related to returning the goods.
The Consumer notes that if the goods returned to Konsepti is damaged, worn or partially consumed, Konsepti has the right to ask for compensation of this damage. Konsepti is entitled to set this claim for damage against the Consumer´s claim for returning the purchase price. A common damage of the original packaging which was caused when unpacking the goods cannot be considered as the goods depreciation.
The legal regulation on contract withdrawal within the time-limit of 14 days cannot be interpreted as a possibility to borrow the goods for free. Should the Consumer intend to exercise his/her right to withdraw from contract within 14 days of taking over the performance obligations, he/she is obliged to hand over within 14 days to the Seller everything he/she has obtained on the basis of the purchase contract. If this is not possible (e.g. the goods has been damaged or consumed in the meantime), the Consumer is obliged to provide financial compensation as a countervalue for what cannot be handled over. In case the returned goods is only partially damaged, the Seller can enforce his/her claim for damage compensation against the Consumer and claimareturn of the purchase price. In such case, the Seller is obliged to prove the damage and to return to the Consumer only the adequately lowered purchase price.
Only the actual costs incurred by the Seller when returning the goods can be offset in the purchase price to be returned to the Consumer.
Konsepti declares that all personal information is confidential, will be used only for the purposes of the execution of the contract and marketing events, and will not be otherwise published, disclosed to any third person etc. with an exception of the situation related to the distribution or payment relating to ordered goods (mentioning of the name and the delivery address). Konsepti proceeds so that the subject of the data will not suffer any infringement of his rights, especially human rights, and also shall ensure protection against unauthorized intervention into the private and personal life of subjects. Personal information that is provided voluntarily by the Buyer to Konsepti for the purposes of order fulfillment and marketing events are collected, processed and stored in accordance with the valid laws of the Czech Republic, in particular with the Act No. 101/2000 Coll., on the protection of personal data, as amended. The Buyer gives the consent to Konsepti for the collection and processing of personal data for the purpose of fulfilling the subject of closing sale contracts and for marketing events (esp. for sending of commercial communications), and this will be possible until a written statement of disagreement is sent to the address of Konsepti spol. s r.o., ID 63668203, Komunardů 32, 170 00 Praha, 7, Czech Republic. A written statement can also be submitted in electronic form in this case, especially via the contact form on www.konsepti.com. The Buyer has the right to access his personal data and to correct them (through the stated contact form including the right to request explanation and removal of a defective condition and other legal rights to the data).
The Buyer has the right to access his/her personal data, the right to correct them, and other legal rights related to this data. Based on a written request from the Buyer, it is possible to remove his/her personal data from Konsepti´s database. The Buyer´s personal data is fully secured against misuse. The Buyer´s personal data is not transferred to any third parties. External carriers constitute the only exception - personal data is transferred to them in minimum extent necessary for the goods delivery.
Individual concluded contracts are archived by Konsepti in an electronic form; they are only accessible to Konsepti. Regulations of this section do not affect Konsepti´s option to process personal data without the consent of their subject in case this processing is allowed as referred to in the provisions of § 5 Paragraph 2 Protection of privacy Act.
The method of delivery is determined by Konsepti, unless stated otherwise in the purchase contract. In case the method of delivery is arranged at the request of the Buyer, he/she bears the risk and possible additional costs connected with this method of delivery.
The price does not include the costs of shipping to the destination. Shipping constitutes a separate item of the offer and derives from the Complementary Services Pricelist which is published on Konsepti website www.d1one.cz.
For orders exceeding the value of 50.000,-Kč without VAT the price includes free delivery on a designated date to a designated destination in Prague, Brno or Bratislava.
For orders exceeding the value of 500.000,-Kč without VAT the price includes free delivery on a designated date to a designated destination anywhere in the Czech Republic.
The discounts stated do not automatically apply to discounted goods.
In case it is necessary, due to the reasons on the side of the Buyer, to deliver the goods repeatedly or by means of a method other than the one determined in the order, the Buyer is obliged to cover the costs related to this repeated delivery, or as the case may be another means of delivery.
When taking delivery, the Buyer is obliged to verify that the goods packaging is undamaged; in case of any defect, forthwith report so to the carrier. Should the packaging be found damaged as a result of an unauthorized intrusion, the Buyer is not obliged to take delivery of such consignment. By signing the delivery note, the Buyer affirms that the consignment meets all conditions and requirements and any possible future claim to package damaging cannot be taken into consideration.
Immediately upon the delivery, the Buyer is further obliged to inspect the condition of the consignment along with the carrier and refuse to take delivery of a consignment which is not in accordance with purchase contract by being incomplete or damaged etc. If the Buyer takes delivery of such consignment, it is necessary to describe the damage in the carrier´s handover protocol.
Goods assembly and manipulation
Unless stated otherwise, the price does not include:
- unloading the goods
- standard carry-up of the goods
- moving the goods
- manipulation of the goods
- goods assembly
- refuse collection and disposal.
Costs of the above-mentioned activities constitute a separate item of the offer and derive from Complementary Services Pricelist which is available on Konsepti website www.d1one.cz.
Standard carry-up of the goods means manual carrying up the goods up to 100 kg of weight, maximum up to a 3rd Floor, or as the case may be without floor limitation if taken up by lift.
Non-standard carry-up of the goods involves the use of a sky lift, crane etc., or carrying up the goods higher than a 3rd Floor. Such cases are subject of a separate offer.
Handling over the goods and involuntary storage
The Buyer is obliged to inspect the goods prior to taking delivery and take down in the “delivery note” (handover protocol) any ascertained evident defects and other discrepancies. In case of minor defects which do not prevent usage of the goods, the Buyer is obliged to take the delivery. Hidden defects ascertained later are covered by the guarantee conditions.
In case the delivery consists of goods from various manufacturers with various delivery times, the Buyer is obliged to take partial delivery, unless both parties agree otherwise (in writing).
In case it is not possible to deliver the goods at the pre-arranged date and time due to objective reasons on the side of the Buyer, Konsepti will store the goods in its storeroom and the Buyer will be charged all costs in their actual amount, unless both parties agree otherwise beforehand (in writing). Konsepti is in such case entitled to request a fee for the expenses of storing and storage costs in the amount of 40,-Kč (forty Czech crowns) for 1m2/item/day of storing, and isfurther entitled to withdraw from purchase contract. In case of offers exceeding the value of 500.000,- CZK, Konsepti will offer free storage for the time period of max.14 calendar days.
If the delivered goods gets stored in the place of performance and its installation is made impossible without the fault of Konsepti, the delivery is considered proper and the Buyer is obliged to inspect the goods as regards its quantity and to take delivery – unless both parties agree otherwise beforehand. However, the right following from the complaints procedure is not affected thereby.
Standard goods delivery time is 2-12 weeks depending on the type of goods and the manufacturer. Delivery time starts running upon settling the pre-payment invoice. The closer delivery date is always laid down for each individual item of the goods on Konsepti website www.d1one.cz. The particular week of delivery is subsequently laid down in the Order Confirmation.
Konsepti is entitled to sell goods based on a business licence. The Trade Licencing Office within their scope of authority carries out the business inspection. The inspection related to the area of personal data protection is carried out by the Office for Personal Data Protection. Compliance with Act no. 634/1992 Coll. on consumer protection, allsubsequently amended, is in delimited range under the surveillance of Czech Trade Inspection.
These TCSW, in the wording laid down on the website of Konsepti, are valid on the day of concluding the purchase contract. Upon the Buyer´s order acknowledgement on the side of Konsepti, the order is archived as a concluded contract for the purpose of its execution and further record keeping; it can be accessed by the Buyer.
Should any of the TCSW be invalid orineffective, or should it be rendered so, the invalid regulation is to be left behind to allow for a new regulation closest with its meaning to the invalid one. Invalidity or ineffectiveness of one regulation does not affect the validity of other regulations and provisions.