Term & conditions
These General Terms and Conditions govern the relationship between the buyer and seller in the sale of goods and services on the website ecommerce www.locksmith.cz between Locksmith Service, Ltd. (Hereinafter referred to as "Seller") and its business partners (hereinafter the "Buyer").
- General Provisions
- Method for closing a purchase contract (order)
- The rights and obligations of the seller
- The rights and obligations of the buyer
- Delivery terms
- The purchasing price
- Acquisition of property and transferring responsibility for damaged goods
- Personal data and their protection
- Withdrawal from the contract (order cancellation)
- Final Provisions
1. General Provisions
- These terms and conditions have been processed according to the Civil Code, the Law on Consumer Protection and Electronic Commerce Act, as amended.
- These terms and conditions govern the rights and obligations of the parties under the contract of sale between the seller, which is Locksmith Service Ltd., Meadow 857, 356 01 Sokolov, ID: 02155052, registered in the Commercial Register maintained by the Regional Court in Plzeň, Section C , File 29041, VAT: CZ02155052 (hereinafter referred to as "seller") and the purchaser for the purchase and sale of goods on the website e-commerce vendor.
- The Parties agree that the buyer sending the order to the seller confirms and consents to these terms and conditions and provisions will apply to each purchase contract concluded through the website of the seller under which the seller delivers the goods presented to the concerned website purchaser ( the "purchase agreement") and all relations between the seller and the buyer arising from the conclusion of the purchase contract.
- These terms and conditions are an integral part of the purchase contract.
- List of products on the website of e-commerce, which is operated by the seller is a catalog of commonly delivered goods and the seller does not guarantee the immediate availability of those products. Product availability is indicated for each product in "availability" and will be confirmed based on the buyer's questions.
- The seller is bound by its offer to the buyer of goods presented on the seller's website, including prices, during the period of 24 hours from sending of the notification of the order to the buyer.
2. Method for closing a purchase contract (order)
- The purchase agreement is entered into a binding acceptance of the proposal to conclude a purchase contract by buyer in one of the following forms:
- e-mail message sent by the buyer to the seller,
- buyer completed and sent a form on the website of the seller,
- telephone order the buyer to the seller.
- After the previous receipt of the order confirmation, the buyer gives the seller, confirmation identified as "Order Confirmation" by accepting orders via e-mail or telephone. Automatically carried out notice of the order to the electronic system of the seller shall not be deemed as acceptance of the order.
- Confirmation by the seller includes the following information:
- the availability and delivery of goods to the buyer,
- the name and price of the goods, the price of transport,
- address of the place of delivery of goods with the name of the contact person;
- the conditions and means of transport.
3. The rights and obligations of the seller
- The seller is obliged to:
- deliver on the order confirmed by the seller to the buyer of goods in the agreed quantity, quality, time and wrap/ package it in a way necessary to protect it during transport.
- ensure that the delivered goods meet the applicable laws of the Czech Republic,
- surrender to the buyer together with the goods in writing instruction in the Czech language confirmed warranty certificate, delivery note and invoice (invoice).
- The seller has the right for proper and timely payment of the purchase price from the buyer for the goods.
4. The rights and obligations of the buyer
- The buyer is obliged to:
- assume purchased or ordered goods.
- pay the seller the agreed purchase price within the agreed due date, including the costs of delivery of goods,
- confirm the delivery note receipt of the goods by his signature or the signature of a person authorized by buyer.
- not to harm/tarnish the good name of the seller's business.
- The buyer has the right to delivery of goods in quantity, quality, time and place agreed by the parties in the order confirmation.
5. Delivery terms
- The goods are sold by the displayed samples, catalogs, data sheets and type samplers that seller placed on the website of the e-commerce vendor.
- The seller is obliged to meet the buyer's order and deliver the goods to the buyer within 5 working days after delivery of the goods from supplier or manufacturer of the goods to the seller.
- The buyer is obliged to accept the goods on the site, which is stated in the order confirmation of the buyer by the seller. In the event of a delay in delivery of goods by the seller, the seller is entitled to unilaterally extend the deadline for delivery of the goods, even repeatedly, and the seller gives the buyer confirmation. In the event that the buyer does not accept the ordered goods within 14 days from the day it was available to the buyer, the seller is entitled to withdraw from the contract and sell the goods to a third party. After handing over the goods to a third party, seller returns to the buyer the appropriate advance payment/deposit.
- The weight, dimensions and other data of the goods contained in catalogs, brochures and other written wording of seller located on the web site e-commerce is/are non-binding information.
- The buyer is obliged to check the shipment for integrity of the container immediately after delivery. If the packaging of goods is mechanically damaged, the buyer must notify the carrier and at his presence check the condition of the goods under the cover. In case of damage to goods, the carrier shall make with the buyer a record called- Damage Protocol. Based on this record, the Seller will carry out and provide removal of defective goods or a discount. On goods with unavoidable defects, the buyer will be delivered new goods.
- The buyer is entitled to, in the event of non-delivery by the seller within 5 working days from the confirmed delivery date to withdraw from a confirmed order. If the buyer has paid in advance for goods, the seller shall refund the amount paid, by bank transfer to an account designated by the buyer within 3 working days from receipt of a written withdrawal.
6. The retail price
- The buyer is obliged to pay the price of goods agreed in the order confirmation, including the cost of delivery (the "Purchase Price") in the form of cash payments in the headquarters of the seller, cash on delivery at the point of delivery of the goods on delivery by Czech Post or by bank transfer to the account of the seller listed in the order confirmation.
- The Seller reserves the right to change the purchase price in the event of legislative changes, changes in the Czech koruna and the change in prices from manufacturers or suppliers of goods.
- The buyer is obliged to pay the agreed purchase price for the goods within the period specified in the order confirmation, but no later than upon receipt of goods.
7. Acquisition of ownership and transferring responsibility for damage to goods
- The buyer acquires ownership to the goods after full payment of the full purchase price of the goods.
- Liability for damage to goods passes to the buyer at the moment of taking goods from the seller, or if not in timely manner, then at the time when the seller allows to dispose of the goods and the buyer does not accept the goods.
- The seller is committed to respecting the privacy of the buyer. In order for the seller to offer a valuable service to the buyer he needs to know some personal information of the buyer. He protects this data against misuse.
- If the purchaser is a (non-entrepreneur) person, it is necessary to identify him, he needs to give the seller his/her name, permanent address, including zip code, delivery address (if different), telephone number and e-mail address.
- If the buyer is a legal entity or sole trader, it is necessary for the accounting/billing department to give identification to the seller : business name, registered address, including zip code, tax ID, delivery address (if different), telephone number and e-mail address.
- The Buyer declares that he/she agrees in accordance with the Czech Personal Data Protection Act No. 101/2000 Coll. as amended, Regulation (EC) 2016/679 of the European Parliament and of the Council (hereinafter referred to as "the Regulation"), Act No. 480/2004 Coll. on some Information Services companies , Act No. 563/1991 Coll., on accounting, as amended, Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection and, where applicable, in accordance with other legal regulations, in order for the Seller to process and store its personal data. Seller agrees not to provide this information to a third party. The buyer grants the seller this consent for an indefinite period of time. You can find more about GDPR here.
- Data on the purchases of the buyer (are need to ensure the supply of goods, handling complaints, etc.) are stored in a secure database. Seller agrees that he does not provide this data a third party.
- The consent to the processing of personal data of the buyer the buyer can withdraw it at any time in writing. Agreement will expire within one month from receipt of the withdrawal of consent by the buyer to the seller.
- Changes in personal information can be made by the buyer by sending information by e-mail the seller or modifying data in his customer account.
- The buyer sending the order agrees with the seller to send out activity reports (not promotional messages) without prior request of the buyer to send such messages.
9. Withdrawal from the contract (order cancellation)
- The seller is entitled to withdraw from confirmed orders in the event that the goods are no longer produced or delivered, or are significantly altered in price by suppliers. Seller shall immediately notify the buyer and return him already paid purchase price for the goods agreed in the confirmed order.
- The purchaser is entitled to withdraw from confirmed orders without giving any reason, at any time prior to shipment of the consignment via e-mail, SMS or phone, without any penalty. If the buyer has paid in advance for goods, the seller shall refund the amount paid, by bank transfer to an account designated by the buyer within 3 working days from receipt of the withdrawal
- The buyer is entitled to withdraw from a confirmed order within 14 working days from receipt of goods without giving any reason in accordance with Act 367/2000 Coll. (Law amending the Law no. 40/1964 Coll., Civil Code, as amended).
- When you withdraw from the contract under the previous point, it is necessary to follow these steps:
- buyer sends the seller an e-mail or a letter with the following text: "I want to unilaterally withdraw from the agreement dated (day.month.year) no. (Order number) and demand a refund of the amount paid for the goods on account no. (Correct account number). Furthermore, the buyer shall state their name, address and current date.
- buyer sends the goods as an insured consignment of goods or personally delivers them the headquarters of the seller; buyer pays the shipping costs.
- returned goods must be in original undamaged packaging and, unused, undamaged, complete (including accessories, warranty card, manual, etc.), and original proof of purchase (invoice). Goods returned by COD are not accepted by seller.
- When all the above conditions for returning goods are met, the seller sends the buyer the amount paid, by bank transfer not later than 15 days from receiving the returned goods. In the event that any of the above conditions are not met, the seller will not be able to accept the withdrawal from the contract and return the goods at the buyer's expense back to him.
- The buyer sending the order to the seller confirms that the seller, timely and properly fulfills its reporting obligations Act No. 634/1992 Coll., on consumer protection.
10. Final Provisions
- The seller reserves the right to change these Terms and Conditions. Obligation of written notice of changes to these Terms and Conditions is fulfilled by locating them on the website of the e-commerce vendor.
- The Parties agree that communications between them will be carried out privately in the form of e-mail messages.
- Legal relationships Seller and the Buyer not specified in these General Terms and Conditions are governed by the Act no. 89/2012 Coll., The Civil Code and the Act no. 634/1992 Coll., On Consumer Protection, as amended, and related regulations.
- These Terms and Conditions shall become effective towards the buyer by concluding a purchase contract.
- The buyer by sending the order confirms, that these general terms and conditions, or terms and conditions of the seller, and the seller's complaints and return procedure, has been read and buyer is acquainted with their content and in their entirety agrees with them.
In Sokolov, 1 April 2017