Garance nejnižší ceny až -40% oproti konkurenci · nerezový dřez zdarma ·

Terms and Conditions

I. Basic Provisions

  1. These General Business Terms and Conditions (hereinafter “Terms”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter “Civil Code”).

DESK – FORM a.s.

ID No.: 25467018

VAT ID: CZ25467018

Registered office:

Osada Dukla 238

Újezdeček

415 01

registered with the Regional Court in Ústí nad Labem, file mark 1481 B.

Contact details:

email: info@deskform.com

phone: +420 417 553 111

eshop.deskform.com (hereinafter “Seller”)

  1. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of their business activities as a consumer, or within their business activities (hereinafter “Buyer”) via the web interface located on the website available at the internet address http://eshop.deskform.com (hereinafter “online store”).

  2. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Divergent provisions in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.

  3. These Terms and Conditions and the Purchase Agreement are concluded in the Czech language.

II. Information on Goods and Prices

  1. Information about the goods, including the prices of individual goods and their main characteristics, is listed for each item in the online store’s catalog. The prices of the goods are listed including value-added tax, all related fees, and the cost of returning goods, if these goods, by their nature, cannot be returned via a standard postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase agreement under individually agreed conditions.

  2. All presentations of goods placed in the online store’s catalog are for informational purposes, and the Seller is not obligated to conclude a purchase agreement regarding these goods.

  3. The online store publishes information about the costs associated with the packaging and delivery of goods. Information about the 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.1

     

     

  4. Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller a2nd the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Agreement

  1. The costs incurred by the Buyer in using a distance communication medium in connection with the conclusion of the Purchase Agreement (costs for internet connection, costs for telephone calls) are borne by the Buyer himself. These costs do not differ from the basic rate.

  2. The Buyer places an order for goods in the following ways:

  • via their customer account, if they have previously registered in the online store,

  • by filling out the order form without registration.

  1. When placing an order, the Buyer selects the goods, the number of items, the payment method, and the delivery method.

  2. Before submitting the order, the Buyer is allowed to check and change the data they have entered into the order. The Buyer sends the order to the Seller by clicking the “submit order” button. The data provided in the order is considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.

  3. Immediately upon receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer. This confirmation is automatic and is not considered a conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The Purchase Agreement is concluded only after the order is accepted by the Seller. The notification of acceptance of the order is delivered to the Buyer’s email address. / Immediately upon receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer. This confirmation is considered a conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The Purchase Agreement is concluded by the Seller’s confirmation of the order to the Buyer’s email address.

  4. In the event that the Seller is unable to meet any of the requirements listed in the order, they will send the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a Purchase Agreement, and in such a case, the Purchase Agreement is concluded by the Buyer’s confirmation of acceptance of this offer to the Seller at the email address listed in these Terms and Conditions.

  5. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has been notified of the Seller’s acceptance of the order. The Buyer may cancel the order by telephone to the Seller’s phone number or email address listed in these Terms and Conditions.

  6. In the event of a clear technical error on the part of the Seller when stating the price of the goods in the online store, or during the ordering process, the Seller is not obligated to deliver the goods to the Buyer at this clearly incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a Purchase Agreement, and in such a case, the Purchase Agreement is concluded by the Buyer’s confirmation of acceptance to the Seller’s email address.

IV. Customer Account

  1. Based on the Buyer’s registration in the online store, the Buyer can access their customer account. From their customer account, the Buyer can order goods. The Buyer can also order goods without registration.

  2. When registering for a customer account and when ordering goods, the Buyer is obligated to provide all information correctly and truthfully. The Buyer is obligated to update the information in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.4

  3. Access to the customer account is secured by a username and password. The Buyer is obl5igated to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.

  4. The Buyer is not authorized to allow third parties to use the customer account.

  5. The Seller may cancel the user account, especially in cases where the Buyer does not use their user account for an extended period, or if the Buyer breaches their obligations from the Purchase Agreement and these Terms and Conditions.

  6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of hardware and software of third parties.

V. Payment Terms and Delivery of Goods

  1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the Purchase Agreement in the following ways:

  • by wire transfer to the Seller’s bank account No. 0004108182/0800, held at Česká spořitelna,

  • by credit card,

  • by wire transfer to the Seller’s account via the GoPay payment gateway.

  1. Together with the purchase price, the Buyer is obligated to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.

  2. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within… days from the conclusion of the Purchase Agreement.

  3. In the case of payment via a payment gateway, the Buyer proceeds according to the instructions of the relevant electronic payment provider.6

  4. In the case of a non-cash payment, the Buyer’s obligation to pay the purchase price is fulf7illed at the moment the corresponding amount is credited to the Seller’s bank account.

  5. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are shipped is not a deposit.

  6. According to the Act on Electronic Sales Records, the Seller is obligated to issue a receipt to the Buyer. At the same time, they are obligated to register the received sales with the tax administrator online, or in the event of a technical failure, no later than 48 hours.

  7. The goods are delivered to the Buyer:

  • to the address specified by the Buyer in the order,

  • through a pickup point at the address specified by the Buyer,

  • by personal collection at the Seller’s place of business.

  1. The choice of delivery method is made during the ordering of the goods.

  2. The costs of delivering the goods, depending on the method of shipment and receipt of the goods, are listed in the Buyer’s order and in the Seller’s order confirmation. In the event that the mode of transport is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

  3. If the Seller is obligated by the Purchase Agreement to deliver the goods to the location specified by the Buyer in the order, the Buyer is obligated to take over the goods upon delivery. In the event that, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery.

  4. Upon receipt of the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods and, in the case of any defects, to immediately notify the carrier. In the event of a damaged package indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.

  5. The Seller will issue a tax document – an invoice to the Buyer. The tax document is sent to the Buyer’s email address. / The tax document is attached to the delivered goods.

  6. The Buyer acquires ownership of the goods upon payment of the entire purchase price for the goods, including delivery costs, but not before the goods are received. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment the goods are received or at the moment when the Buyer had the obligation to receive the goods but failed to do so in violation of the Purchase Agreement.

VI. Withdrawal from the Contract

  1. A Buyer who has entered into a Purchase Agreement outside of their business activities as a consumer has the right to withdraw from the Purchase Agreement.

  2. The period for withdrawal from the contract is 14 days from:

  • the day of receipt of the goods,

  • the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,

  • the day of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

  1. The Buyer may not, among other things, withdraw from the Purchase Agreement:

  • for the provision of services if they were performed with his prior express consent before the expiration of the period for withdrawal from the contract and the Seller informed the Buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,

  • for the delivery of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control and which may occur during the withdrawal period,

  • for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond the Seller’s control,

  • for the delivery of goods that have been modified according to the Buyer’s wishes or for his person,

  • for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,

  • for the delivery of goods in a sealed package that the Buyer has removed from the package and which, for hygienic reasons, cannot be returned,

  • for the delivery of a sound or video recording or a computer program if he has broken their original packaging,

  • for the delivery of newspapers, periodicals, or magazines,

  • for the delivery of digital content if it was not delivered on a physical medium and was delivered with the Buyer’s prior express consent before the expiration of the period for withdrawal from the contract and the Seller informed the Buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,

  • in other cases listed in § 1837 of the Civil Code.

  1. To comply with the period for withdrawal from the contract, the Buyer must send a statement of withdrawal within the period for withdrawal from the contract.

  2. To withdraw from the Purchase Agreement, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Purchase Agreement to the Seller’s email or delivery address listed in these Terms and Conditions. The Seller will immediately confirm receipt of the form to the Buyer.

  3. A Buyer who has withdrawn from the contract is obligated to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

  4. If the Buyer withdraws from the contract, the Seller shall, without undue delay, but no later than 14 days from the withdrawal from the contract, return all monetary funds, including delivery costs, that they received from the Buyer, in the same way. The Seller will return the monetary funds received to the Buyer in another way only if the Buyer agrees and if this does not result in additional costs for them.

  5. If the Buyer has chosen a different delivery method than the cheapest one offered by the Seller, the Seller will return the costs of delivering the goods to the Buyer in an amount corresponding to the cheapest offered delivery method.

  6. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received monetary funds to the Buyer before the Buyer hands over the goods to them or proves that they have sent the goods to the Seller.

  7. The Buyer must return the goods to the Seller undamaged, unworn, and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally offset the claim for damages to the goods against the Buyer’s claim for a refund of the purchase price.

  8. The Seller is entitled to withdraw from the Purchase Agreement due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has suspended production or import of the goods. The Seller will immediately inform the Buyer via the email address listed in the order and will return all monetary funds, including delivery costs, that they received from the Buyer based on the contract, within 14 days of the notification of withdrawal from the Purchase Agreement, in the same way, or in a way determined by the Buyer.

VII. Rights from Defective Performance

  1. The Seller is liable to the Buyer for ensuring that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer for ensuring that at the time the Buyer took over the goods:

  • the goods have the properties that the parties have agreed upon, and in the absence of an agreement, have the properties that the Seller or manufacturer has described or that the Buyer expected with regard to the nature of the goods and based on their advertising,

  • the goods are suitable for the purpose that the Seller specifies for their use or for which goods of this type are usually used,

  • the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,

  • the goods are in the corresponding quantity, measure, or weight, and

  • the goods comply with the requirements of legal regulations.

  1. If a defect appears within six months of the Buyer taking over the goods, it is assumed that the goods were defective at the time of receipt. The Buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to 8goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree o9f use or wear that the goods had when the Buyer took them over, or if it follows from the nature of the goods.

  2. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:

  • an exchange for new goods,

  • a repair of the goods,

  • a reasonable discount on the purchase price,

  • to withdraw from the contract.

  1. The Buyer has the right to withdraw from the contract:

  • if the goods have a significant defect,

  • if they cannot use the item properly due to the repeated occurrence of a defect or defects after a repair,

  • for a larger number of defects in the goods.

  1. The Seller is obligated to accept the complaint at any place of business where the acceptance of a complaint is possible, possibly also at the registered office or place of business. The Seller is obligated to issue a written confirmation to the Buyer of when the Buyer asserted the right, what the content of the complaint is, and what method of resolving the complaint the Buyer requests, as well as a confirmation of the date and method of resolving the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.

  2. The Seller or a person authorized by them will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required for a professional assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The fruitless expiration of this period is considered a material breach of the contract, and the Buyer has the right to withdraw from the Purchase Agreement. The moment the complaint is filed is considered to be the moment when the Buyer’s expression of will (assertion of the right from defective performance) reaches the Seller.

  3. The Seller will inform the Buyer in writing about the outcome of the complaint.

  4. The Buyer is not entitled to rights from defective performance if the Buyer knew that the item had a defect before taking it over, or if the Buyer caused the defect himself.

  5. In the case of a justified complaint, the Buyer has the right to reimbursement of the purposefully incurred costs arising in connection with filing the complaint. The Buyer may assert this right with the Seller within a period of one month after the expiration of the warranty period.

  6. The Buyer has the choice of the method of complaint.

  7. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

  8. Further rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s complaint procedure.

VIII. Delivery

  1. The contracting parties can deliver all written correspondence to each other via electronic mail.

  2. The Buyer delivers correspondence to the Seller at the email address listed in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address listed in their customer account or in the order.

IX. Out-of-Court Dispute Resolution

  1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the Purchase Agreement. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the Purchase Agreement.

  2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according 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 (Regulation on online consumer dispute resolution).

  3. The Seller is authorized to sell goods based on a trade license. The trade inspection is carried out within its scope of authority by the relevant trade licensing office. The Czech Trade Inspection Authority, to the extent specified, supervises compliance with Act No. 634/1992 Coll., on consumer protection, among other things.

X. Final Provisions

  1. All agreements between the Seller and the Buyer are governed by the legal system of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

  2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provision of § 1826 (1) (e) of the Civil Code.

  3. All rights to the Seller’s websites, especially the copyright to the content, including the page layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the websites or a part of them without the Seller’s consent.

  4. The Seller is not responsible for errors resulting from the interference of third parties in the online store or as a result of its use in a way that is contrary to its purpose. When using the online store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to11 illegally interfere or illegally use the software or other components that make up the online store and use the online store or its parts or software in a manner that would be contrary to its intended use or purpose.

  5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 (2) of the Civil Code.

  6. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

  7. The Seller may change or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms and Conditions.

  8. A sample form for withdrawal from the contract is an appendix to the Terms and Conditions.

These Terms and Conditions come into effect on March 18, 2019.

Powered by WooCommerce