TERMS AND CONDITIONS of the business company JVM metal s.r.o.
with registered office at Brdo 9, 507 91 Stará Paka
IČO: 27470458
a company registered in the Commercial Register kept at the Chamber of Commerce in Hradec Králové, dept. C, insert No. 20905
for the sale of goods through an online store located at the Internet address: www.jvmmetal.com
INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of JVM metal s.r.o. entered in the Commercial Register kept by the Regional Court in Hradec Králové, dept. C, Insert No. 20905 (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in context or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address www.jvmmetal.com (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the shop”).
1.2 The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the seller’s website located at: https://www.jvmmetal.com/ (hereinafter referred to as the “website”) and other related legal relationships.
1.3 If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the new Civil Code No. 89/2012 Coll. and the Consumer Protection Act – No. 634/1992 Coll. If the contracting party is a buyer who is not a consumer, the relations not regulated by the business conditions are governed by the Commercial Code No. 513/1991 Coll., all in a valid and effective wording.
1.4 Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.5 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language.
1.6 The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2 CONCLUSION OF THE PURCHASE AGREEMENT
2.1 The web interface of the store contains information about the goods offered by the seller for sale, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
2.2 The web interface of the store also contains information on the costs associated with the delivery of goods and, where applicable, packaging. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
2.3 To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about: a) ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the store’s web interface), b) method of payment of the purchase price, information on the required method of delivery of ordered goods and c) information goods (hereinafter collectively referred to as “order”).
2.4 Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “Confirm order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
2.5 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
2.6 The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
2.7 The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
2.8 The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement, incl. business conditions.
3 PRICE AND PAYMENT TERMS
3.1 The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
a) in cash at the seller’s premises at Brdo 9, 507 91 Stará Paka (e-shop dispensing point);
b) in cash on delivery at the place specified by the buyer in the order;
c) cashless transfer to the seller’s account 1165229369/0800 kept with Česká spořitelna (hereinafter referred to as the “seller’s account”);
d) also make payments from Slovakia in EUR to the seller’s account. We do not charge VAT to customers from Slovakia who have a registered VAT number for VAT purposes.
When paying in advance, it is necessary to wait for the sending of our electronic invoice with all payment requirements.
3.2 Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods. When combining various goods into a package, the seller is guided by the effort to minimize the cost of shipping or postage. In some cases, it is not possible, usually due to excessiveness, to place all ordered goods in one package. In these cases, the seller follows the rules of the carrier or the Czech Post, which may lead to the seller charging a second postage.
3.3 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
3.4 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
3.5 The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the full purchase price before sending the goods to the buyer.
3.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.7 Based on the purchase contract, the Seller shall issue a tax document – an invoice – to the Buyer. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s electronic address or attached in paper form to the shipped goods to the buyer.
4 WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1 The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the Buyer’s wishes or for his person, as well as goods that have been irretrievably mixed with other goods after delivery. from the purchase contract for the delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return.
4.2 If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen ( 14) days from receipt of goods. Withdrawal from the purchase contract must be demonstrably sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller’s office or to the seller’s e-mail address jvm@jvmmetal.cz
4.3 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
4.4 In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
4.5 The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
4.6 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, in cash to the account designated by the buyer.
4.7 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return it together with the goods to the seller. and the gift provided.
4.8 Out-of-court settlement of a consumer dispute. If the consumer believes that he has been harmed by the seller or the consumer has not fulfilled his obligations, he can write to the email address jvm@jvmmetal.cz. If the dispute cannot be resolved directly, on the basis of Act No. 634/1992 Coll., On Consumer Protection, the consumer also has the right to an out-of-court settlement of a consumer dispute. The subject of out-of-court settlement of consumer disputes (ADR) between the seller and the consumer is the Czech Trade Inspection Authority, or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html. At the Czech Trade Inspection Authority, the consumer has the opportunity to submit a proposal via the online form available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs. The consumer may file a petition with the Czech Trade Inspection Authority or an authorized entity no later than 1 year from the date on which he exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer can also file a proposal through the EU ADR platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
Only an EU consumer can apply here to an EU-based seller. If the disputing parties are not satisfied with the quality of out-of-court settlement of a consumer dispute and believe that the Rules for Out-of-Court Settlement of Consumer Disputes were violated during the proceedings, they can file a complaint to the Ministry of Industry and Trade or to the email address adr@mpo.cz. In the case of cross-border disputes, the European Consumer Center Czech Republic assists consumers in accessing the competent body for out-of-court settlement of consumer disputes. The costs associated with the out-of-court settlement of consumer disputes are borne by the parties themselves.
5 TRANSPORTATION AND DELIVERY OF GOODS
5.1 The method of delivery of goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted on the basis of the buyer’s request, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the seller is entitled to demand a penalty fee of CZK 5,000 and is also entitled to withdraw from the purchase contract.
5.3 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
5.4 Upon receipt of 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 violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. If he nevertheless takes it over, the seller cannot take into account any subsequent complaint regarding the violation of the package of the consignment.
5.5 Other rights and obligations of the parties in the transport of goods are governed by the transport conditions of the seller.
6 RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection , as amended).
6.2 The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
(a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or manufacturer;
b) the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
c) the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
(d) the goods are in the appropriate quantity, measure or weight; and
e) the goods comply with the requirements of legal regulations.
6.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed.
6.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twelve months of receipt.
6.5 The rights arising from defective performance are exercised by the buyer at the seller’s address
6.6 The scope of the provided guarantee and the method and conditions of the complaint are regulated by the complaint procedure.
7 OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2 The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
7.3 The handling of consumer complaints is provided by the seller via an electronic address. The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.
7.4 The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.
7.5 The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
7.6 The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 34/1992 Coll., On Consumer Protection, as amended.
7.7 The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.
8 PROTECTION OF PERSONAL DATA
8.1 The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, billing and delivery address (hereinafter collectively referred to as “personal data”).
8.2 The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless 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 messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
8.3 The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
8.4 The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
8.5 Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
8.6 The Buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
8.7 In the event that the buyer believes that the seller or processor performs the processing of his personal data, which is contrary to the protection of privacy and personal life of the buyer or contrary to law, especially if personal data are inaccurate with respect to the purpose of their processing , may:
a) ask the seller or processor for an explanation,
(b) require the seller or processor to remedy the situation thus created.
8.8 If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
9 SENDING BUSINESS MESSAGES AND STORING COOKIES
9.1 The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
9.2 The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
10 DELIVERY
10.1 Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account.
10.2 The message is delivered:
a) in the case of delivery by electronic mail at the moment of its receipt on the incoming mail server,
b) in the case of delivery in person or through a postal service provider, by taking over the consignment by the addressee,
c) in the case of delivery in person or through a postal service provider, also by refusing to accept the item, if the addressee (or the person authorized to accept the item on his behalf) refuses to accept the item,
d) in the case of delivery via a postal service provider, after a period of ten (10) days from the deposit of the item and giving the addressee an invitation to take over the deposited item, if the item is deposited with the postal service provider, even if the addressee did not know.
11 FINAL PROVISIONS
11.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3 The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
11.4 Contact details of the seller:
Delivery address: JVM metal s.r.o., Brdo 9, 507 91 Stará Paka
E-mail address: jvm@jvmmetal.cz
Telephone: +420 728 578 249
In Brda on October 25, 2019