Terms and conditions and complaints policy for e-shop, which is accessible on the internet site https://www.d1one.cz (hereinafter also as „the Terms“).
These Terms are valid from January 1st , 2020 for the purchase in e-shop on the website www.d1one.cz operated by company Konsepti, spol. s r. o.
The Terms further defines and specify relationships between parties of purchase contract, where 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.
Definitions and general provisions
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-licence basis 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, which are offered through internet site www.d1one.cz , does not give him/her the right to use registered trademarks, business names, company logos and other things of Konsepti or any of its contract partners, unless in a particular case stipulated otherwise by means of a separate contract.
All contractual relations are concluded in compliance with Czech Republic Law. When the Consumer is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.) and consumer protection law (no. 634/1992 Sb.), all subsequently amended. When the Enterpriser is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.), all subsequently amended; nevertheless, consumer contracts regulations (distance contracts regulations) contained in Act no. 89/2012 Sb. and other consumer protection regulations are not applied in this case. The provisions of the Terms are an integral part of the purchase contract. Both the Terms and the purchase contract are drawn up in Czech language. Provisions regarding legal consumer rights apply only when the Buyer is the Consumer (e.g. withdrawal from contract referred to in § 1829 and following of Civil Code).
By concluding the purchase contract, the Buyer affirms that he/she got acquainted with the Terms and he/she agrees with them. Prior to transacting the order, the Buyer is additionally alerted to the Terms 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 to be taken in order to enter into an purchase contract is evident from the process of ordering goods in e-shop www.d1one.cz and the Buyer has the possibility to control the order and eventually fix it before sending. The Terms are accessible on the internet site www.d1one.cz and the Buyer has the possibility to archive and reproduce them.
Notifications prior to concluding the contract
Konsepti communicates that:
a.It performed its duty towards the Consumer referred to in § 1811 Paragraph 2 Act no. 89/0212 Sb. 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 charge in 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,
b. the costs of long-distance communication means do not differ from the basic fee (in case of 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,
c. 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,
d. 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 internet sites of e-shop www.d1one.cz Konsepti presents goods for sale, including the price of individual items. The prices of the goods are stated for the product without VAT, as well as including VAT. Prices of these goods and other mentioned conditions (e.g. information on costs related to packaging and delivery of goods within the Czech Republic) remain valid as long as they are displayed on the website of the online store, with the exception of the provision about a manifest error in writing, except in the case of depletion of stocks and except when the presented price of the goods was valid only for goods in stock.
The presentation of goods placed by Konsepti on the website of e-shop www.d1one.cz is only of an informative nature and is not a proposal for delivery of goods. Konsepti is not obliged to conclude a purchase contract for the goods presented. Therefore, Section 1732 (2) of the Civil Code does not apply.
To order the goods, the buyer fills in the order form at the website of the online store www.d1one.cz. The order form contains especially information about the ordered goods, the method of payment of the purchase price and information on the costs associated with the delivery of the goods (hereinafter referred to as the "Order").
Before submitting an Order to Konsepti, the Buyer is allowed to check and change the data entered into the Order by the Buyer, especially with regard to the Buyer's ability to detect and correct errors in entering data into the Order. The Buyer sends the Order to Konsepti by clicking the "Confirm Order" button. By submitting an Order, the Buyer confirms that he/she has read and agrees with these Terms. The Buyer is notified of these Terms sufficiently before the Order is executed and he/she has the opportunity to become acquainted with them. The information provided in the Order is considered to be correct by Konsepti.
After receiving the Order, Konsepti confirms its delivery and recapitulation to the Buyer by e-mail to the specified e-mail address. Confirmation of the Order delivery is not an acceptance of the Order and no purchase contract is concluded with its delivery to the Buyer (hereinafter referred to as "the Confirmation of the Order delivery").
Konsepti is always entitled (usually depending on the nature of the order - quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order.
The purchase agreement between Konsepti and the Buyer is concluded by acceptance (confirmation) of the Order by Konsepti. The acceptance of the Order is sent by Konsepti to the Buyer via e-mail to e-mail address specified by the Buyer. The Confirmation of the Order delivery, which is automatically generated by the system after the order is sent - see above, is not considered an order acceptance. The purchase agreement is not concluded until the delivery of the e-mail from Konsepti to the Buyer which part is the document called “Order acceptance”. If, in a rare case, Konsepti does not deliver to the Buyer the document called “Order acceptance”, the purchase contract will also be concluded if Konsepti deliver to the Buyer the document called “Order Confirmation” which contents specific or closer term of delivery.
Konsepti is not obliged to conclude the purchase agreement, not only when the Order is made for the sold-out goods or when the validity of the price offer is limited to goods in stock or when the Buyer is a person who has previously materially breached its obligations to Konsepti.
In the event of a manifest error in the price of the goods (i.e., a price other than the usual price for this kind / type of goods), Konsepti will immediately contact the Buyer who made the Order in order to agree on further action. A manifest error in price is, for example, the mistake of stating the first three digits in place of four, apparently low price, and other obvious errors in writing.
The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (ie in particular the cost of internet connection, the cost of telephone calls) are paid by the buyer himself.
Konsepti reserves the right to change the price. Valid prices are confirmed to the Buyer at the moment he/she receives the acceptance of his/her order. All prices are final, i.e. including VAT or any other taxes or fees which 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 card
- payment by card at the branch
- payment by bank transfer to the account at ČSOB: Account no. 700479913/0300
. payment in cash at the branch (applicable in case of the goods which are on stock and for Order which does not exceed 20 000 CZK incl. VAT)
Installation and setup of the goods are not part of the purchase contract, unless the concrete offer stipulates otherwise.
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.
Condition for commencing the delivery period is the settlement of the advance payment incl. VAT, if the payment of the advance is requested by Konsepti, unless contracting parties agreed otherwise. The surcharge of the price is due latest by the delivery of the goods, unless contracting parties agreed otherwise.
The goods become the property of the Buyer upon full reimbursement of the purchase price.
Under the Sales Registration Act, the seller is required to provide the Buyer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.
The rights from the improper performance
The rights and duties of contracting parties regarding the improper performance regulates relevant general binding laws (in particular Sections 1945 - 1925, 2099 – 2117 and 2161 – 2174 of Civil Code) and also the Complaints Policy of Konsepti, which the Buyer is fully acquainted with before the conclusion of purchase contract and which forms the annex of these Terms.
The Consumer´s right to withdraw from contract
The right to withdraw from contract concluded in e-shop is the Consumer´s right as referred to in the provisions of § 1829 and following of the Civil Code and can be exercised within fourteen (14) days from taking delivery. The Consumer is obliged to deliver the withdrawal from purchase contract to Konsepti within fourteen (14) days of taking delivery (in case that the subject of the contract are several types of goods/delivery of several parts the period commences on the day of the last delivery). If the purchase is within the frame 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, besides other things, to withdraw from 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, by the same mean in which Konsepti received money from Customer, if the Customer does not determine otherwise. Konsepti is also entitled to return the purchase price in cash when returning the goods to the Consumer, if the Customer 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.
Provisions of law regulating the right to withdraw from contract can not be interpreted as the possibility of free of charge rent of the goods. If withdrawing from the agreement, the Consumer is to return to Konsepti, in the period of 14 days after withdrawing from the agreement, everything he/she gained under the contract and i fit is not possible (e. g. Due to the fact in the meantime the goods were destroyed or consumed), the Consumer is obligated to replace monetary amount as a counter value of what cannot be returned. If the returned goods are only partially damaged, the seller is entitled to set this claim for damage against the Consumer´s claim for returning the purchase price. The seller is in such case obligated to prove the existence of damage. In the above mentioned case the seller shall return only reduced purchase price.
The seller may set off the actual costs incurred due to returning the goods to the buyer against the purchase price to be returned to the buyer.
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.
Unless stated otherwise, 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 the web sites of Konsepti www.d1one.cz .
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 published on the web sites of Konsepti 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 become the 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 is further entitled to withdraw from purchase contract. Konsepti will offer free storage for the time period of max. 14 calendar days.
If the delivered goods is 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 check the quantity of the goods and take delivery – unless both parties agree otherwise beforehand. However, the right following from the complaints procedure is not affected thereby.
The goods will not be hand over to the Buyer before the full reimbursement of the purchase price and the price for the activities which cohere with the delivery of goods (transport, goods assembly, etc.), unless the agreement of contracting parties or the offer stipulate otherwise.
Standard goods delivery time is 2-12 weeks depending on the type of goods and the manufacturer. 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 indicative term of the delivery time is always listed next to the individual item of the goods on the internet site www.d1one.cz. communicated to Buyer by the conclusion of purchase contract. Concrete week or closer delivery time is consequently (after the conclusion of purchase contract) communicated to Buyer usually in the document called “Order Confirmation”.
Konsepti is authorized for selling the goods upon the trade licence. The trade control performs in the scope of its competency the Trade Licencing Office. The supervision of personal data protection performs the Office For Personal Data Protection. Czech Trade Inspection Authority performs to a limited extent, among other activities, supervision of compliance the Act no. 634/1992 Sb., the Consumer Protection Act, as amended.
These Terms are valid in the wording listed on the internet sites of Konsepti on the day of conclusion the purchase contract.
Buyer´s order is after its acceptance archived by Konsepti as concluded contract for the purpose of its execution and further evidence and its current status is accessible to Buyer.
Should any provision of the Terms be invalid or ineffective, 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.
Annex: Claim Policy