1. INTRODUCTORY PROVISIONS
1.1. The present Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of DEV1S s.r.o., with its registered office at Palackého třída 314, 537 01 Chrudim, Identification Number: 05994187, registered under File Reference 39130 C with the County Court in Hradec Králové (hereinafter referred to as the “seller”) regulate the mutual rights and obligations of the contracting parties arising out of or on the basis of purchase contracts (hereinafter referred to as “purchase contract”) concluded between the seller and other natural persons or legal entities (hereinafter referred to as the “buyer”) via the seller’s e-shop. The e-shop is operated by the seller at www.dev1s.com, namely via a Web interface (hereinafter referred to as the “e-shop web interface”).
1.2. The Terms and Conditions further regulate the rights and obligations of the contracting parties applicable to using the seller’s website at www.dev1s.com (hereinafter referred to as the “website”) and other related matters of the legal relationships. The Terms and Conditions apply where a person who intends to buy goods from a seller orders the goods proceeds as part of their business activity, except for the parts hereof that deal with consumer protection.
1.3. Provisions derogating from those of the Terms and Conditions may be agreed under the purchase contract. Such derogating provisions under the purchase contract shall take precedence over those of the Terms and Conditions.
1.4. The Terms and Conditions form an integral part of the purchase contract. The purchase contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or add to the wording of the Terms and Conditions. This provision shall be without prejudice to the rights and obligations that arose during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. The buyer obtains access to their user interface by registering at the website. Using their user interface, the buyer can order goods (“user account”); the buyer may also order goods directly from the e-shop web interface, without registering at the website.
2.2. When registering at the website and when ordering goods, the buyer must provide correct and true information for all the requested data. The buyer is required to update the data provided at the user account in the event of any changes. The data provided by the buyer in their user account and when ordering goods is presumed to be correct by the seller.
2.3. Access to the user account is protected by a combination of a user name and a password. The buyer is required to maintain the confidentiality of the information required to access their user account, and acknowledges that the seller shall not be liable if this obligation is violated by the buyer.
2.4. The buyer must not allow third parties to use their user account.
2.5. The seller may cancel the buyer’s user account, in particular if the buyer has not used their user account for more than 3 years, or if the buyer breaches their obligations under the purchase contract (including the Terms and Conditions).
2.6. The buyer understands that the user account may not be available at all times, especially with regard to the necessary maintenance of the seller’s hardware and software, or the necessary maintenance of third-party hardware and software.
3. FORMATION OF A PURCHASE CONTRACT
3.1. The e-shop web interface contains a list of goods made available for purchase by the seller, including the prices of specific goods items on sale. The prices of the goods offered are indicated inclusive of VAT and all related fees. The offer of goods and the prices of the goods shall remain in force as long as the respective goods are displayed at the e-shop web interface. This provision does not restrict the possibility for the seller to conclude a purchase contract under individually agreed terms and conditions.
3.2. The e-shop web interface also contains information on the costs connected with the packaging and delivery of the goods. Information on the costs connected with the packaging and delivery of the goods provided at the e-shop web interface only applies as long as the goods are to be delivered to an address within the Czech Republic.
3.3. To order the goods, the buyer shall fill in the order form available at the e-shop web interface. The order form specifically includes information on:
the ordered goods (the buyer “places” the ordered goods in an electronic cart at the e-shop web interface),
the method of payment of the purchase price of the goods, information on the requested method of delivery of the ordered goods and information on the costs connected with the delivery of the goods (hereinafter collectively referred to as the “order”).
3.4. Before sending an order to the seller, the buyer has an opportunity to check and modify the information entered in the order, including the possibility for the buyer to find and check any errors that occurred while they were entering the data in the order. The buyer sends an order to the seller by clicking on the “send a binding order” button. The seller will presume that the data in the order is correct. On receiving an order, the seller will acknowledge its receipt to the buyer by sending an e-mail message to the buyer's email address given in the user interface or in the order (hereinafter referred to as the “buyer's email address”).
3.5. Depending on the nature of the order (quantity of the goods, purchase price, estimated transport costs), the seller may at all times ask for an additional confirmation of the order by the buyer (e.g., in writing or by phone). Unless the buyer provides the additional confirmation, the seller reserves the right to withdraw from the concluded contract.
3.6. The buyer agrees that the seller may withdraw from the purchase contract, especially with regard to persons who have previously violated a purchase contract (including the Terms and Conditions) in a material way.
3.7. The buyer agrees to the use of means of remote communication when concluding the contract. The costs incurred by the buyer when using the means of remote communication in connection with the conclusion of a purchase contract (Internet connection costs, phone bills) shall be borne by the buyer themselves.
4. PRICE OF THE GOODS AND TERMS OF PAYMENT
4.1. The buyer may pay the price of the goods and any extra costs connected with the supply of the goods under the purchase contract to the seller using any of the following methods:
in cash, using cash on delivery at the place determined by the buyer in the order;
by wire transfer using the GoPay service (card payment or bank transfer);
4.2. In addition to the purchase price, the buyer shall also pay to the seller the agreed costs connected with the packaging and delivery of the goods Unless expressly stipulated otherwise, the purchase price also denotes any costs associated with delivery of the goods.
4.3. For cash payments and cash on delivery, the purchase price is payable upon acceptance of the goods. For cashless payments, the purchase price is payable within 4 days of the conclusion of the purchase contract.
4.4. For cashless payments, the buyer must pay the purchase price with the indication of a variable code assigned to the payment. For cashless payments, the buyer’s obligation to pay the purchase price shall be deemed complied with once the relevant amount is credited to the seller’s account.
4.5. The seller may request payment of the entire purchase before sending the goods to the buyer, especially if the buyer does not provide the additional order confirmation required (Art. 3.5).
4.6. Individual discounts from the price of the goods provided by the seller to the buyer, as the case may be, cannot be combined.
4.7. Where it is customary in business relations, or if specified by generally binding legal regulations, the seller shall issue a tax document / invoice to the buyer in respect of the payments to be made under the purchase contract. The seller is a value added tax payer. The seller shall issue the tax document / invoice to the buyer following the payment of the price of the goods and send it in electronic format to the buyer’s email address.
5. ORDER CANCELLATION AND ORDER WITHDRAWAL
5.1. The buyer has the right to withdraw from the contract without giving a cause, BUT must do so in writing, by email. The seller reserves the right to withdraw from the contract or a part thereof, if the goods—due to being temporarily unavailable—cannot be delivered by the final date of the delivery term, or within the agreed time limit for delivery, or if the goods are no longer produced or supplied, or if the price of the goods has been significantly changed by the supplier of the goods. If such a situation occurs, the seller shall immediately contact the buyer to agree with them on the next steps. If an order is cancelled or withdrawn by the buyer, the seller undertakes to return to the buyer, within 14 days, the price paid by the buyer, either in full or reduced by a cancellation fee, by transferring the amount to the buyer's account, unless the seller and the buyer agree otherwise. However, the seller does not have to do so before the buyer transmits the goods to the seller or provides evidence that they have sent the goods to the seller.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1. The buyer acknowledges that, pursuant to Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is impossible to withdraw from a purchase contract, the subject of which concerns among other things, goods that have been adapted in accordance with the buyer's wish, or perishable goods, goods that are subject to rapid wear-and-tear or obsolescence, or from a purchase contract for the supply of audio and video recordings and computer programmes, or if the consumer has interfered with the original packaging of the goods, or from a purchase contract for the supply of newspapers, periodicals and magazines
6.2. Except for as specified under Art. 5.1, and except for the other cases where it is impossible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of accepting the goods, pursuant to Section 1829 of Act No. 89/2012 Coll., Civil Code. The notice of withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of the acceptance of the goods, or proof must be submitted that the goods were dispatched within that time limit. The buyer may also send the notice of withdrawal from the purchase contract to the address of the seller’s premises or to the seller’s email address.
6.3. In the event of a withdrawal from the contract pursuant to Art. 5.2 of the Terms and Conditions, the purchase contract shall be deemed rescinded altogether. The goods must be sent to the seller within 14 days of the dispatch of the notice of withdrawal to the seller. The goods returned to the seller must be free of any damage and wear-and-tear and—where possible—in its original packaging. The costs associated with returning the goods shall be borne by the buyer.
6.4. The seller may review the returned goods within fourteen (14) days of the buyer returning the goods pursuant to Art. 5.3 of the Terms and Conditions, in particular with a view to making sure the returned goods are not damaged, worn or partially consumed.
6.5. In the event of a withdrawal from the contract as specified under Art.6.2 of Terms and Conditions, the seller shall refund the purchase price to the purchaser by wire transfer to the buyer's account within ten (10) days of the lapse of the goods review period specified under Article 5.4 of the Terms and Conditions, and in any event at the latest within thirty (30) days of the receipt of the notice of withdrawal from the purchase contract. The seller may also refund the purchase price in cash as soon as the buyer returns the goods.
6.6. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller may claim from the buyer the damages incurred. The seller may unilaterally offset their claim to damages against the buyer’s claim to a refund of the purchase price.
6.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with the subsequent condition that if the consumer withdraws from the purchase contract, the gift agreement ceases to be effective with regard to the gift and the buyer must return the gift provided to the seller along with the goods.
6.8. The buyer and the seller may agree on the conditions and method of an out-of-court settlement of the consumer’s complaint. The buyer may refer their complaint to a surveillance body or to a state supervisory body, i.e. the Czech Trade Inspection Authority (www.coi.cz).
6.9. Any disputes between the buyer and the seller shall be resolved under the court system of the Czech Republic.
7. TRANSPORT AND DELIVERY OF THE GOODS
7.1. The method of delivery of the goods shall be guaranteed by the seller, unless the purchase contract stipulates otherwise. If the method of transport is agreed on the basis of the buyer’s request, the buyer shall bear the risk and any extra costs connected with the particular method of transport.
7.2. If, under the purchase contract, the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If the buyer does not accept the goods upon delivery, the seller may withdraw from the purchase contract.
7.3. If, due to reasons attributable to the buyer, the goods must be delivered repeatedly or in a different manner than that specified in the order, the buyer shall bear the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery, respectively.
7.4. When receiving the goods from the forwarder, the buyer is required to check the integrity of the packaging of the goods and, in the event of any disruptions, immediately notify the forwarder. If the packaging is found to be disrupted, which implies the consignment has been tampered with, the buyer is not obliged to accept the consignment from the forwarder. By signing the delivery note, the buyer certifies the integrity of the packaging of the consignment.
7.5. Other rights and obligations of the parties relating to the transport of the goods may be regulated under special delivery terms of the seller, where relevant.
8. DEFECT LIABILITY, WARRANTY
8.1. The rights and obligations of the parties regarding the seller's defect liability, including the seller's warranty, are governed by the relevant generally binding regulations (in particular Section 2158 et seq. of Act No. 89/2012 Coll., Civil Code).
8.2. The seller is liable to the buyer that the item concerned is free of defects upon reception. The seller is in particular liable to the buyer that at the time the buyer accepts the item,
a) the item possesses the characteristics agreed upon by the parties, and in the absence such agreement, the characteristics described by the seller or the manufacturer or expected by the buyer expects with regard to the nature of the goods and the advertising promoted by the seller,
b) the item is fit for the purpose indicated by the seller or that for which these types of items are normally used,
c) the item corresponds, with its quality or workmanship, to the agreed sample or template, where the quality of workmanship level has been determined using an agreed sample or template,
d) the item is provided in the appropriate quantity, degree or weight; and
e) the item complies with the relevant legal requirements.
8.3. If a defect manifests itself within six months of the acceptance, the item is deemed to have been defective at the time of the acceptance. If the nature of the purchase permits, the buyer has the right to check the item or to have its functions demonstrated. For usable items, the minimum durability shall be indicated, and for perishables, the period of time during which the item may be used must be given.
8.4. If the purchased item has a defect that does not hinder the the use of the item for the specified purpose of use, it may be sold at a lower price than that of a defect-free item. The seller shall bring the buyer’s attention to the fact that the item has a defect and specify the defect unless it clearly follows from the nature of the sale.
8.5. Unless the sold item is a perishable or a used item, the seller is responsible for any defects that occur in conflict with the purchase contract after the goods are accepted, during the warranty period (warranty).
8.6. The buyer's claims under the seller's defect liability, including the seller's warranty, shall be applied by the buyer at the address of the seller's premises. A complaint shall be deemed lodged once the seller receives the claimed goods from the buyer.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The buyer shall assume possession of the goods after the payment of the full purchase price of the goods.
9.2. The buyer acknowledges that software and other components of the e-shop web interface (including photos of the goods on sale) are copyright-protected. The buyer undertakes not to engage in any activity that may allow them or third parties to tamper with or improperly use the software or other components of the e-shop web interface.
9.3. When using the e-shop web interface, the buyer may not use mechanisms, software, or other procedures that may negatively affect the operation of the e-shop web interface. The e-shop web interface may only be used in a way that that does not interfere with the buyer’s other clients’ rights and that is consistent with its intended purpose.
9.4. In their relationship with the buyer, the seller is not required to act within the bounds of any codes of conduct within the meaning of Section 826(1)(e) of Act No. 89/2012 Coll.
9.5. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or due to the website being used in conflict with its intended purpose.
10. PERSONAL DATA PROTECTION AND COMMERCIAL COMMUNICATIONS
10.1. Protection of the personal data of the buyer, who is a natural person, is regulated under Act No. 101/2000 Coll., regarding personal data protection, as amended.
10.2. The buyer agrees to the processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail address and telephone number (collectively hereinafter referred to as the "personal data").
10.3. The buyer agrees the seller will process their personal data for the purpose of exercising the rights and obligations under the purchase contract and for the purpose of keeping their user account.
10.4. The buyer understands they are required to provide their actual and correct personal data (when registering, at their user account, when ordering from the e-shop web interface) and they are obliged to inform the seller of any changes in their personal data without undue delay.
10.5. The seller may entrust a third party, as a processor, with processing the buyer’s personal data. Except the persons in charge of transporting the goods, the seller shall not disclose the personal data to any third parties without the buyer’s prior consent.
10.6. The personal data will be processed only for the time necessary to complete the purchase contract between the buyer and the seller. The personal data will be processed automatically in electronic form or manually in printed form.
10.7. The buyer certifies that the personal data provided is accurate and that they have been instructed on the voluntary nature of the provision of the personal data.
10.8. If the buyer believes the seller or their processor processes their personal data in violation of their right to protection of their private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to the purpose of their processing, the buyer may:
10.8.1. request an explanation from the seller or the processor,
10.8.2. demand that the seller or the processor remedy the situation. This may in particular concern blocking, correcting, adding to or deleting the personal data. If the buyer's request under the previous sentence is found to be justified, the seller or the processor shall immediately remedy the defective condition. If the seller or the processor fails to comply with the request, the buyer may directly contact the Office for Personal Data Protection. This provision is without prejudice to the buyer’s right to directly contact the Office for Personal Data Protection with their complaint.
10.9. If the buyer asks for information on the processing of their personal data, the seller is obliged to provide such information. The seller has the right to provide information under the previous sentence for a reasonable charge, which must not exceed the costs necessary to provide the information.
10.10 In process of data dealing, we undertake to govern by law no. 101/2000 Coll. on the protection of personal data. DEV1S s.r.o., the Internet shop operator www.dev1s.com, declares that all personal data is considered to be strictly confidential and is treated in accordance with law no. 101 / 2000Sb., And in accordance with the Terms of Business of DEV1S s.r.o.. We need to know the name (or name of the company, ID and contact person), address (billing and delivery), telephone and e-mail contact. We record your business transactions with our company. In the event of an order that has been paid in advance via the Internet, when a complaint is highlighted or a credit note is issued, we may require you to provide an identification document (ID or passport) in order to prevent damage and to prevent the legalization of proceeds from crime. Without submitting any of these documents, we may refuse the goods or money to issue / remit. We need to communicate and know the data above to make a business transaction and deliver the goods to you at your designated location, and we will obtain these data when you register, either permanently or temporarily. Since your personal data is collected for the purpose of executing a business transaction, your explicit consent is not necessary. The data we obtain with your consent serves to assess your credibility, creditworthiness and payment ethics. According these information, we can offer you additional special services that are only for special customers. After logging in to the www.dev1s.com e-shop, you can edit or delete these data. (You cannot edit billing information for billing purposes.) If you want to cancel your registration completely, simply send an email to firstname.lastname@example.org.
11.1. Unless otherwise agreed, all correspondence relating to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail (at the option of the sender). Correspondence addressed to the buyer shall be delivered to the email address indicated at their user account.
11.2. A message shall be deemed delivered:
11.2.1. for email messages, once it is received at the incoming mail server; the integrity of email messages can be secured by a certificate,
11.2.2. for consignments delivered in person or via a postal license holder, once the consignment is received by the addressee.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship established by a purchase contract involves an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. The seller is authorised to sell goods under a trade licence, and the seller's business is not subject to any other licence. The competent trade licensing authority is responsible for carrying out the trade licensing inspection under its scope of competence.
12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, then the provisions shall be replaced by valid provisions that are as close to the meaning of the invalid provisions as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions hereof. Any changes and additions to the purchase contractor or the Terms and Conditions must be made in writing.
12.4. The purchase contract, including the Terms and Conditions, shall be archived by the seller in electronic form and shall not be accessible.
12.5. Seller’s contact details: correspondence address: DEV1S s.r.o., Palackého třída 314, 537 01 Chrudim; email address: email@example.com, phone number: 603 399 803.
Prague, 25 July 2016