GENERAL TERMS AND CONDITIONS
Table of contents
- Basic provisions
- Information on goods and prices
- Ordering and concluding a purchase contract
- Customer's account
- Payment terms and delivery of goods
- Withdrawal from the contract
- Defective performance rights
- Personal data
- Out-of-court dispute resolution
- Final Provisions
I. Basic provisions
- These general business conditions (hereinafter referred to as "business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
RT Seal s.r.o.
Corporate ID: 27712281
VAT number: CZ27712281
with registered office: Merhautova 1706/17, 695 01 Hodonín, Czech Republic
Entry in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 53883
Mgr. Lucie Tokošová
phone number: +420 608 624 933
(hereinafter referred to as the "seller")
- These terms and conditions govern the mutual rights and obligations of the seller and a private person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter "buyer") through a web interface located on a website available on the internet. www.smartmouth.eu (hereinafter referred to as the "online store").
- The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These business conditions and the purchase contract are concluded in the Czech language.
II. Information on goods and prices
- Information about the goods, including the prices of individual goods and their main properties, are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
- All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
- Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
III. Ordering and concluding a 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. These costs do not differ from the basic rate.
- The buyer orders the goods in the following ways:
- through his customer account, if he has previously registered in the online store,
- by filling in the order form without registration.
- When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the SEND ORDERING button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded only after the acceptance of the order by the seller. Notice of receipt of the order is delivered to the buyer's e-mail address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the e-mail address of the buyer.
- In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller to his e-mail address specified in these terms and conditions.
- All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer may cancel the order by telephone to the telephone number or e-mail of the seller specified in these terms and conditions.
- In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt. Orders according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the e-mail address of the seller.
- The seller reserves the right to reject an order from a buyer who has not collected or duly paid for the ordered goods in the past.
IV. Customer's account
- Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
- When registering in the customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement or these terms and conditions.
- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
V. Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of goods according to the order can be paid by the buyer in the following ways:
- cashless transfer to the bank account of the seller, specified in the advance invoice (see paragraph 3 below)
- in cash, only upon personal delivery of the goods
- Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with the packaging and delivery of goods in the usual amount.
- In the case of non-cash payment, the purchase price is payable within 7 days of issuing the advance invoice, which will be sent to the buyer to the email specified in the order.
- 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 bank account.
- The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
- The ordered goods are reserved for the maturity of the advance invoice, then in case of non-payment of the advance invoice even within 7 days after its maturity it is returned for sale and its availability cannot be guaranteed.
- The goods are delivered to the buyer:
- transport service to the address specified by the buyer in the order
- If, according to the order, 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. 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.
- 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.
- The seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer's e-mail address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.
- Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so contrary to the order.
VI. Withdrawal from the contract
- A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The period for withdrawal from the contract is 14 days
- from the date of receipt of the goods,
- from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
- from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- The buyer may not, inter alia, withdraw from the purchase contract
- provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
- on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
- on the delivery of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the will of the seller,
- on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
- the supply of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery,
- delivery of goods in a closed package, which the buyer has removed from the package and for hygienic reasons it is not possible to return,
- delivery of an audio or video recording or computer program, if it has broken their original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
- in other cases specified in § 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
- To withdraw from the purchase contract, the buyer may use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the e-mail or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm to the buyer the acceptance of the form.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.
- If the buyer withdraws from the contract, the seller shall return to him immediately, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
- If the buyer has chosen a method other than the cheapest method of delivery of goods offered by the seller, the seller shall reimburse the buyer for the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. 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.
- The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
- The seller is entitled to immediately withdraw from the purchase agreement and cancel the order for material breach of contract. Failure to pay the advance invoice by the buyer even within 7 days after its due date is considered a material breach of the purchase contract.
VII. Defective performance rights
- 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 the buyer took over the goods
- 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 the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by them,
- the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
- 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,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with the requirements of legal regulations.
- The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
- Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
- The provisions of the preceding paragraph 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, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear acceptance by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
- In the event of a defect, the buyer may submit a complaint to the seller and request it
- exchange for new goods,
- repair of goods,
- a reasonable discount from the purchase price,
- withdrawal from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a significant defect,
- if the item cannot be used properly due to the recurrence of the defect or defects after repair,
- in case of a larger number of defects of the goods.
- A breach of contract is substantial which the party to the breach already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
- In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
- If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or withdraw from the contract.
- When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
- If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
- If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
- The buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint requires the buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
- The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
- The seller informs the buyer in writing about the result of the complaint.
- The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
- In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
- The buyer has the choice of the method of complaint.
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
- Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
- The Contracting Parties may communicate all written correspondence to each other by electronic mail.
- The buyer delivers correspondence to the seller to the e-mail address specified in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.
IX. Personal data
- All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the buyer's data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
X. Out-of-court dispute resolution
- The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
- The European Consumer Center of the Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
- If out-of-court settlement of the dispute is not possible, the court with substantive jurisdiction according to the registered office of the seller shall have jurisdiction to hear any dispute between the two parties to the contractual relationship.
XI. Final Provisions
- All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
- These general terms and conditions are issued in the Czech language and at the same time in the English language, with the Czech language version taking precedence in case of doubts of interpretation.
- 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.
- All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
- The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
- The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
- 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.
- A model form for withdrawal from the contract is attached to the terms and conditions.
These terms and conditions take effect on 25.11.2020