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General Terms and Conditions

TERMS AND CONDITIONS


MBJ Trade s. r. o.

based in Jaurisova 515/4, Praha 4

identification no: 247 94 309

registered in the commercial register maintained by the Municipal Court in Prague, Section C, insert 174820

for the sale of goods through an online store located at the internet address

www.zbozivakci.eu


1. Introductory provisions

1.(a) terms and conditions (hereinafter referred to as "terms and conditions") of MBJ Trade s. r. o., based in Jaurisova 515/4, Praha 4,

IČ: 247 94 309, registered in the commercial register maintained by the Municipal Court in Prague, Section C, insert 174820

(hereinafter referred to as "seller") regulate mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter "purchase contract") concluded between the seller and another natural or legal person (hereinafter "buyer") through the online store seller. Online store is operated by the seller at the internet address www.zbozivakci.eu (hereinafter referred to as "e-shop").


1.b) the terms and conditions also govern the rights and obligations of contractual parties when using the internet business of the seller located at e-shop and other related legal relations. Business conditions do not apply to cases where a person, who intends to buy goods, is ordering goods within their business activities.

1.(C) the provisions of the terms and conditions are an integral part of the contract of sale. The contract of sale and the terms and conditions are drawn up in the Czech language. The contract of sale can be concluded only in the Czech language.

1.(d) the wording of the terms and conditions may be amended or supplemented by the seller. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of business conditions.


2. User account

2.(a) based on the buyer registration made on the website, the buyer may access its user interface. From its user interface buyer can order goods (hereinafter "user account"). The buyer can also order goods without registration, directly from the web interface of the store.

2.b) when registering on the website and ordering goods, the buyer is obliged to state correctly and truthfully all the data. The data specified in the user account shall be updated by the buyer when any change is made. The data given by the buyer in the user account and when ordering the goods are considered correct by the seller.

2.(c) access to the user account is secured by the user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access his user account and acknowledges that seller shall not be liable for any breach of this obligation by the buyer.

2.(d) the buyer is not entitled to allow the use of the user account to third parties.

2.e) the Seller may cancel the user account, and especially in the case when the buyer breaches its obligations under the purchase contract, business terms and conditions, or if your user account does not use more than 12 months.

2.f) the Buyer acknowledges that user account may not be accessible continuously, in particular during the necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.


3. Conclusion of the contract of sale

3.a) the E-shop contains a list of goods offered for sale by the seller, including prices of individual goods. The prices of the goods offered are indicated, including Value Added Tax and all related fees. The offer of sale of goods and prices for these goods remain valid for the period when they are displayed in the e-shop. This provision does not limit the seller's ability to conclude a contract of sale on individually negotiated terms.

3.b) the E-shop also contains information on the costs associated with packaging and delivery of goods and applies only in cases where the goods are delivered within the territory of the Czech republic.

3.c) to order the goods, the buyer fills out the order form in the e-shop. In particular, the order form contains information:

- about the ordered goods (the ordered goods are inserted by the buyer into the Electronic Shopping Cart),

- on the method of payment of the purchase price of the goods, data on the desired method of delivery

- the costs associated with the delivery of goods

(hereinafter jointly referred to as "order").

3.d) Before sending the order to the seller, the buyer can check and modify the data entered into the order and correct errors when entering data into the order. The order is sent by the buyer to the seller by clicking on the "finish Order"button. The data specified in the order is considered correct by the seller. The seller immediately after receipt of order the buyer confirms receipt by e-mail, and the e-mail address of the buyer specified in the user interface or in the order (hereinafter referred to as "e-mail buyer").

3.e) the Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), ask the buyer for additional order confirmation (e.g. in writing or by telephone).

3.f) the Purchase contract between the seller and the buyer, is acceptance of the order, which is sent by the seller to the buyer by e-mail, to the address given by the buyer..

3.g) the Buyer acknowledges that the seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached his obligations towards the seller.

3.(h) the seller reserves the right to refuse the order if the contact details of heaven delivery address are clearly doubtful. About this refusal, the seller will inform the customer by e-mail.


4. Price of goods and payment terms

4.(a) the price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be reimbursed by the buyer to the seller in the following ways:

4.(b) cash on delivery at the place specified by the buyer in the order;

4.(c) cashless transfer to the seller's account no 2900435949/2010, held with Fio bank, Prague (hereinafter referred to as the seller's account“);

4.(d) cashless through an active payment system in the e-shop.

4.e) Together with the purchase price, the buyer is obliged to pay the seller also costs associated with packaging and delivery of the goods at an agreed rate. Unless expressly stated otherwise, it shall mean the purchase price and the costs associated with the delivery of the goods.

4.(f) in the case of cash payment or cash on Delivery payment, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.

4.(g) in the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the corresponding amount to the seller's account.

4.(h)the seller is entitled, especially if there is no additional confirmation of the order by the buyer (art. 3.e) require payment of the entire purchase price before shipping the goods to the buyer.

4.(I) any discounts on the price of goods provided by the seller to the buyer may not be combined.

4.j) if it Is in the usual course of trade or if so stipulated by generally binding legal regulations, issue the seller regarding payments made under a contract buyer tax document – invoice. The seller is not a value added tax payer. The tax document – invoice issued by the seller to the buyer after payment of the price of goods and send it electronically to the electronic address of the buyer, or is bundled (in printed form) to the order.


5. Withdrawal from the contract of sale

5.a) if a purchase contract is concluded when using the means of distance communication, the customer who is a consumer, the right to withdraw from the contract and to return the delivered goods within 14 days from its receipt, and without giving a reason and without any penalty within the meaning of the provisions of §1819 et seq. of act no. 89/2012 Sb., OZ, as amended.

5.(B) the returned goods will be delivered by the buyer by mail at his own expense, according to section 1820 (B). Point 1 g) OZ, to the address MBJ Trade s. r. o. (fy spaces. ŠVD Trading S. R. o.), Jiřího from Vtelna 1731, 193 00 Praha 9. The consignment shall include a copy of the delivery note or Paragon and a scrap of cash on delivery or Parcel Service.

5.(C) the buyer acknowledges that according to the provisions of § 1837 para. h) OZ, cannot be, inter alia, to withdraw from the purchase contract on supply of audio and video recordings, violated a consumer their original packaging. The goods must be returned to the seller unscathed and unscathed. Within fifteen (15) days from the return of the goods by the buyer, the seller is entitled to review the returned goods, in particular for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed.

5.(d) in the case of withdrawal under Art. 5.(B) the terms and Conditions shall be returned by the seller to the buyer within ten (10) days of the end of the period for the examination of the goods in accordance with art. 5.(C) the terms and conditions of the business, whether cashless, to the account designated by the buyer. The seller is also entitled to return performance provided by the buyer when returning the goods to the buyer.

5.e) the Buyer acknowledges that if the returned goods are damaged, worn or partially consumed, the seller becomes entitled to damages incurred by him. The seller is entitled to unilaterally set off against the buyer's claim for the refund of the purchase price.

5.(f)in the case of withdrawal under Art. 5.a) the business terms of the purchase agreement from the outset and the seller has the right only to reimbursement of actually incurred costs associated with returning the goods. The seller is obliged to refund to the buyer the financial amount paid for the goods no later than ten (10) days from the deadline for examination of the goods according to the article. 5.c) commercial terms, but no later than thirty (30) days from the withdrawal from the purchase contract, namely by bank transfer to the account designated by the buyer or postal order to the address to which the goods originally sent. The seller is also entitled to return performance provided by the buyer when returning the goods to the buyer. The seller does not refund the amount for charges related to the dispatch of goods (packing, postage, period, diligent, etc.).)

5.g) if together with the goods provided the buyer a gift is a gift agreement between the seller and the buyer concluded with a condition subsequent that if there is a withdrawal from the purchase contract by the consumer, loses donation agreement regarding such a gift of efficiency and the buyer shall together with the goods to the seller return provided gift.


6. Transport and delivery of goods

6.(a) the method of delivery of the goods is determined by the seller, unless otherwise specified in the contract of sale. In the event that the mode of transport is contracted on the request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.b) if the seller under the purchase contract must deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods, within seven days from the date of delivery. If not taken over by the buyer of the goods on delivery, the seller is entitled to charge a storage fee amounting to 100 Czk (in words: jednosto Czech crowns) or the seller is entitled to withdraw from the purchase agreement.

6.c) In the event that due to reasons on the side of the buyer of the goods to be delivered repeatedly or otherwise than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another delivery method.

6.d) Upon receipt of 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 breach of the package indicative of intrusion into the consignment buyer may not take the package. By signing the delivery note buyer confirms that container shipments containing goods were intact.

6.e) Other rights and obligations of the parties in the carriage of goods may be subject to special delivery conditions of the seller, if the seller issued.

7. Liability for defects and warranty

7.a) the Rights and obligations of the parties regarding the liability of the seller for defects, including warranty liability of the seller is governed by generally binding regulations (particularly the provisions of § 2165 and seq. OZ.).

7.b) the Seller is responsible to the buyer that the thing sold is in conformity with the purchase contract, especially that it is without defects. Accordance with the purchase contract means that the thing sold has quality and properties required by the agreement, by the seller, manufacturer or his representative discussed, or on the basis of the carried out by them advertising the expected, or the quality and properties for the cause of such kind of the usual, that complies with the requirements of legislation is the corresponding quantity, measure or weight and corresponds to the purpose which the seller for the use of the case stated or for that matter usually used.

7.c) In the event that, on receipt by the buyer is not in conformity with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), buyer has the right to the seller free of charge and without undue delay, to put into the state corresponding purchase contract, and according to the request of the buyer in exchange either the matter or the buyer may request a reasonable discount from the price or withdraw from the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. The contradiction with the purchase contract, which takes effect within six (6) months from the date of receipt of the goods, is considered a contradiction existing in its takeover, if not in the nature of things or if it is proven otherwise.

7.(d) the seller is liable for defects that appear to contradict the purchase contract after taking the item in the warranty period (warranty).

7.(e) the buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer with the seller at MBJ Trade s. R. O., Jiřího Z Vtelna 1731, 193 00, Praha 9. The moment of application of the claim is considered the moment when the seller received the goods claimed from the buyer.

8. Other rights and obligations of the parties

8.a) the Buyer acquires ownership of the goods by paying the entire purchase price, but the risk of damage to the goods passes to the customer accepting the goods by the customer.

8.b) the Buyer acknowledges that the software equipment and other parts forming the web interface of the portal (including the photos of offered goods) are protected by copyright. The buyer undertakes not to engage in any activity that could him or third persons to unlawfully interfere or unlawfully use the software or other components forming the web interface of the portal.

8.(C) the buyer shall not be authorised to use mechanisms, software or other procedures which may adversely affect the operation of the portal when using the portal. The portal can be used only to an extent that is not at the expense of the rights of other customers of the seller and which is consistent with its designation.

8.d) the Buyer acknowledges that the seller shall not be liable for errors resulting from interference of third parties into the website or use of the website contrary to its intended purpose.


9. Privacy Policy and sending business messages can be found in the GDPR tab on the main page

 


Contact details of the seller:

delivery address:

MBJ Trade s. r. o.,

areál Pragorent, Jiřího from Vtelna 1731, 193 00, Praha 9-Horní Počernice

e-mail: obchod@zbozivakci.eu

phone. 773 836 472, 724 077 518.


In Prague on 1.10.2018


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