Terms and conditions NETIO products

TERMS AND CONDITIONS

NETIO products a.s.
Address: U Pily 2406/3, Praha 4 Modřany, Czech Republic
Company ID number: 04920198
Registered in the Commercial Register maintained by the Municipal Court of Prague, file No. B 21432

1. Introductory provisions
   1. These Terms and Conditions of NETIO products a.s., a commercial company, address of establishment: U Pily 103/3, Praha 4 Modřany, Czech Republic, company ID number: 04920198, registered in the Commercial Register maintained by the Municipal Court of Prague, file No. B 21432 (hereinafter the “Seller”), in accordance with Section 1751(1) of the Act No. 89/2012 Sb., the Civil Code (hereinafter the “Civil Code”), govern the rights and obligations of Contracting Parties arising out of or in connection with a Contract of Sale concluded between the Seller and another physical person (hereinafter the “Purchaser”).
   2. These Terms and Conditions do not apply to business-to-business transactions, i.e. situations where a person wishing to purchase goods from the Seller is a legal person or a person acting, when ordering the goods, in their professional capacity.
   3. Derogations from these Terms and Conditions may be agreed in the Contract of Sale. Provisions of the Contract of Sale take precedence over these Terms and Conditions.
   4. These Terms and Conditions form an inseparable part of the Contract of Sale. Only the Czech versions of the Contract of Sale and of the Terms and Conditions are authentic. The Contract of Sale may be concluded in the Czech language.
   5. The Seller may amend these Terms and Conditions. This provision is without prejudice to the rights and obligations that have arisen when the previous version of the Terms and Conditions was in effect.
2. Concluding the Contract of Sale
   1. Any and all presentations of the goods at the company’s website is for illustration only and the Seller is not obliged to enter into a Contract of Sale concerning these goods. The applicability of Section 1732(2) of the Civil Code is hereby expressly excluded.
   2. The contract between the Seller and the Purchaser is concluded as soon as the acceptation of the order, sent by the Seller, is delivered to the Purchaser’s e-mail address.
   3. The Purchaser agrees with the use of remote communication means for the purpose of concluding the Contract of Sale. The costs incurred by the Purchaser from the use of remote communication means in connection with the conclusion of the Contract of Sale (costs of internet connection, costs of telephone calls) are borne by the Purchaser, and these costs do not differ from the basic rate.
3. Purchase price and payment conditions
   1. The Purchaser may pay the purchase price for the goods as well as applicable shipping and handling costs according to the Contract of Sale in any of the following ways:
      - by wire transfer to Seller’s bank account No. 638469/5500 at Raiffeisenbank a.s. (hereinafter the “Seller’s bank account”), IBAN: CZ 5500 0000 0000 0063 8469, BIC/SWIFT: RZBCCZPP ;
      - using a payment card.
   2. Together with the purchase price, the Purchaser is also obliged to pay to the Seller the agreed shipping and handling costs. Unless expressly stated otherwise, the purchase price hereinafter also includes shipping and handling costs.
   3. In case of wire transfer, the Purchaser is obliged to specify the correct identifier (Order number) with the payment transaction. In case of wire transfer, the Purchaser’s obligation to pay the purchase price is fulfilled when the purchase price has been credited to the Seller’s bank account.
   4. Any discounts from the purchase price of the goods, offered by the Seller to the Purchaser, cannot be combined.
   5. If it is customary in business dealings or if required by applicable law, the Seller shall provide the Purchaser with a VAT invoice for all payments effected on the basis of a Contract of Sale. The Seller is a taxable person with respect to VAT. The Seller will issue the VAT invoice to the Purchaser after the purchase price of the goods is paid and will send the invoice to the Purchaser’s e-mail address.
4. Withdrawal from the Contract of Sale
   1. The Purchaser takes note that pursuant to Section 1837 of the Civil Code, the Purchaser may not withdraw, inter alia, from a contract for the supply of goods which were customized or personalized, for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply, for the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons, or for the supply of audio or video recordings or computer software whose original seal was unsealed after supply.
   2. In cases other than specified in Article 1 of the Terms and Conditions or any and all other cases where the contract may not be withdrawn from, the Purchaser has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Contract of Sale within fourteen (14) days from the date of the takeover of the goods, or if the contract concerns several kinds of goods or the supply of several parts, from the date on which the last supply of goods is taken over. The withdrawal notice must be dispatched to the Seller in writing within the time limit specified in the previous sentence. The withdrawal notice may be sent, inter alia, to the Seller’s business address or to Seller’s e-mail info@netio.eu.
   3. In case of withdrawal from the Contract of Sale pursuant to Article 2 of the Terms and Conditions, the Contract of Sale is terminated with effect from the beginning. The goods must be returned to the Seller within fourteen (14) days after the delivery of the withdrawal notice. When the Purchaser withdraws from the Contract of Sale, the Purchaser will bear the cost of returning the goods, including if, given their nature, the goods cannot be returned by ordinary mail.
   4. In case of withdrawal from the Contract of Sale pursuant to Article 2 of the Terms and Conditions, the Seller shall, within fourteen (14) days after the Purchaser withdraws from the Contract of Sale, return to the Purchaser in the same way all funds, which the Seller received from the Purchaser. The Seller may also return to the Purchaser the received funds when the goods are returned or in another way with the consent of the Purchaser and only if the Purchaser incurs no additional costs thereby. If the Purchaser withdraws from the Contract of Sale, the Seller is obliged to return the funds received from the Purchaser only after the Purchaser has handed over the goods to the Seller or has proven to the Seller that the goods were dispatched to the Seller.
   5. The Seller may unilaterally set off any claims for damages to the goods against the Purchaser’s claim for the refund of the purchase price.
   6. If the Purchaser has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Contract of Sale, the Purchaser may also withdraw from the Contract of Sale at any time before the goods are taken over by the Purchaser. In such a case, the Seller shall, without undue delay, refund to the Purchaser the purchase price by wire transfer to a bank account indicated by the Purchaser.
   7. If a gift is given to the Purchaser together with the supply of the goods, the donation contract between the Seller and the Purchaser is concluded with the resolutory condition that in case of the Purchaser withdrawing from the Contract of Sale, the donation contract concerning such gift is terminated and the Purchaser is obliged to return the gift to the Seller together with the goods.
5. Shipping and delivery of the goods
   1. If the shipping method is agreed upon based on Purchaser’s special request, the Purchaser bears the risk and any additional costs associated with this shipping method.
   2. If the Contract of Sale obliges the Seller to deliver the goods to a place specified by the Purchaser in the order, the Purchaser is obliged to take over the goods upon delivery.
   3. If, for reasons at the Purchaser’s side, the goods have to be redelivered or the delivery effected by means other than specified in the order, the Purchaser shall bear the costs associated with the repeated delivery and/or the delivery by other means.
   4. When taking over the goods from the carrier, the Purchaser is obliged to verify that the packaging is intact, and report any deficiencies to the carrier without delay. When the packaging is found to be damaged, indicating unauthorized tampering, the Purchaser may refuse to take over the package from the carrier.
6. Rights arising from defective performance
   1. The rights and obligations of the Contracting Parties regarding defective performance are governed by applicable law (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
   2. The Seller is liable to the Purchaser for a defect-free condition of the goods upon takeover. The Seller is in particular liable to ensure that at the time the buyer takes over the goods:
      • the goods have the properties stipulated by the parties, and in the absence of such a stipulation such properties which the Seller or producer described, or which the buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer,
      • the goods are suitable to be used for the purpose stated by the Seller or to which the goods of such kind are usually used,
      • the goods’ quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
      • the goods have the appropriate quantity, measurement or weight and
      • the goods meet the requirements laid down by law.
   3. The provisions of Article 2 of the Terms and Conditions do not apply to a defect of goods sold for a lower price for which the lower price was stipulated, to the wear and tear of the goods caused by their normal use, to a defect of used goods corresponding to the extent of use of the goods or their wear and tear upon takeover by the buyer, or if it follows from the nature of the goods.
   4. In case there is a defect within six months from takeover, the goods are presumed to have already been defective upon takeover. The Purchaser is entitled to assert their right arising from a defect which occurs in consumer goods within twenty four months from the takeover.
   5. The rights arising from defective performance shall be asserted against the Seller at the Seller’s place of business where it is possible to handle the claim with respect to the portfolio of products sold, or in the headquarters or registered office.
7. Other rights and obligations of the contracting parties
   1. The Purchaser acquires ownership of the goods when the purchase price has been paid in full.
   2. The Seller is not bound with respect to the Purchaser by any codes of conduct in the meaning of Section 1826(1)(e) of the Civil Code.
   3. The Seller handles consumer complaints via the info@netio.eu e-mail address. The Seller shall send information about the resolution of a Purchaser’s complaint to the Purchaser’s e-mail address.
   4. The competent body for out-of-court resolution of consumer disputes arising out of a Contract of Sale is the Czech Trade Inspection Authority (Česká obchodní inspekce), address: Štěpánská 567/15, 120 00 Praha 2, Czech Republic, organisation ID: 000 20 869, web: https://www.coi.cz/en/information-about-adr/. Disputes between the Seller and the Purchaser arising from the Contract of Sale may be resolved using the Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.
   5. The contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) is the European Consumer Centre Czech Republic, address: Štěpánská 567/15, 120 00 Praha 2, Czech Republic, web: http://www.evropskyspotrebitel.cz.
   6. The Seller is authorized to sell goods on the basis of a trade license. The competent supervisory body is the competent Trade Licensing Office (živnostenský úřad). The competent data protection supervisory body is the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority is also competent, to the defined extent, for the supervision of compliance with the Act No. 634/1992 Sb., on consumer protection, as amended.
   7. The Purchaser hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
8. Personal data protection
   1. The personal data of a Purchaser who is a physical person is governed by the Act No. 101/2000 Sb., on personal data protection, as amended.
   2. The Purchaser consents to the processing of the following personal data: full name, address, organisation ID number, tax ID number, e-mail address, phone number (hereinafter collectively referred to as “personal data”).
   3. The Purchaser consents to the processing of his/her personal data by the Seller for the purpose of fulfilling the rights and obligations arising from the Contract of Sale and for the purpose of maintaining a user account. Unless the Purchaser chooses otherwise, the Purchaser consents to the processing of his/her personal data by the Seller also for the purpose of sending information and commercial communications to the Purchaser. The consent to the processing of personal data in the extent stipulated in this Article is not required to conclude a Contract of Sale.
   4. The Purchaser is obliged to provide correct and accurate personal data and to inform the Seller without undue delay about any changes therein.
   5. The Seller may empower or charge a third-party processor to process the Purchaser’s personal data. Except to persons dealing with the shipment of the goods, the Seller will not disclose the personal data to any third party without the Purchaser’s consent.
   6. The personal data will be processed for an indefinite time. The personal data will be processed in an automated way in electronic form, or manually in printed form.
   7. The Purchaser affirms that the provided personal data are accurate and affirms having been informed that the provision of personal data is voluntary.
   8. If the Purchaser presumes that the controller or the processor (Article 5) is carrying out the processing of his/her personal data which is in contradiction with the protection of private and personal life of the Purchaser or in contradiction with the law, in particular if the personal data are inaccurate regarding the purpose of their processing, the Purchaser may:
      • ask the Seller or processor for explanation;
      • require from the Seller or processor to remedy the arisen state of affairs.
   9. If the Purchaser requests information on the processing of his/her personal data, the Seller shall be obliged to provide him/her with this information. For the provision of information according to the previous sentence, the Seller shall be entitled to require a reasonable reimbursement not exceeding the costs necessary for the provision of the information.
9. Commercial communications and cookies
   1. The Purchaser consents to the sending of information related to the Seller’s goods, services or business to the Purchaser’s e-mail address, and further consents to the Seller sending commercial communications to the Purchaser’s e-mail address.
   2. The Purchaser consents to the storing of cookies on his/her computer. If the purchase at the website can be effected and the Seller’s obligations arising from the Contract of Sale can be fulfilled without storing cookies on the Purchaser’s computer, the Purchaser may at any time withdraw the consent pursuant to the previous sentence.
10. Delivery of correspondence
    1. Notifications regarding the relations between the Seller and the Purchaser, in particular related to the withdrawal from a Contract of Sale, must be delivered by registered mail, unless stipulated otherwise in the Contract of Sale. Notifications are to be delivered to the respective contact address of the other party and are considered to be delivered and effective as soon as delivered by the postal service, except for the notification by the Purchaser of a withdrawal from the contract, which is effective as long as it is dispatched within the prescribed time limit.
    2. Notifications that the recipient refuses to take over, that are not collected within the collection time limit, or that have been returned as undeliverable, are also considered to be delivered.
    3. The contracting parties may send ordinary correspondence to each other via e-mail, to the address specified by the Purchaser in the order and by the Seller on the Seller’s website.
11. Final provisions
    1. For contractual relationships with an international (foreign) dimension, the contracting parties stipulate that the governing law is the law of the Czech Republic. This is without prejudice to consumer rights arising from applicable legislation.
    2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid or ineffective provisions shall be replaced with a provision that most closely reflects the spirit of the invalid or ineffective provision. Invalidity or ineffectiveness of a provision is without prejudice to the validity of the remaining provisions. Any amendments of the Contract of Sale or the Terms and Conditions must be made in writing.
    3. The Contract of Sale, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
    4. A model form of a contract withdrawal notification is annexed to the Terms and Conditions.
    5. Seller’s contact details: address for delivering correspondence: NETIO products a.s., U Pily 2406/3, 143 00 Praha 4 Modřany, Czech Republic; e-mail: info@netio.eu; telephone: +420 211 150 111.

 

Prague, 1^st March 2018