Terms and Conditions
commercial company
Qubus s.r.o.
Rámová 3, 110 00 Prague 1
ID: 24263575
DIC: CZ24263575
registered in the Commercial Register maintained by the Municipal Court in Prague under entry C 198690/MSPH for the sale of goods through an on-line shop located at the Internet address www.eshop.qubus.cz
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of Qubus s.r.o., with registered office, identification number: 24263575, registered in the Commercial Register maintained by the Municipal Court in Prague, entry 198690 C (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.eshop.qubus.cz (hereinafter referred to as the "Website"), through the interface of the website www.qubus.cz (hereinafter referred to as the "Shop Web Interface").
1.2 By making a purchase in the eshop.qubus.cz online shop, the Buyer agrees to the Terms and Conditions.
1.3 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1 Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of VAT and any applicable taxes. Shipping is not included in the price of the goods and is based on the chosen shipping method. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the order to the Seller by clicking on the "send order" button. The data provided in the order is considered correct by the Seller.
3.6 The sending of the order is considered to be such an act of the Buyer that identifies the ordered goods, the purchase price, the person of the Buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.
3.7.The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.8 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.9 The draft purchase contract in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.
3.11. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address indicating the possible variants of the order and requesting the Buyer's opinion.
3.12. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case only upon the Buyer's acceptance via e-mail.
3.13. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
4.1.1. in cash or by card at the Seller's premises at Rámová 3, Prague 1, 110 00;
4.1.2. in cash on delivery at the place specified by the Buyer in the order;
4.1.3. by wire transfer to the Seller's account No. 2600630929/2010, maintained with Fio banka (hereinafter referred to as the "Seller's account");
4.1.4. cashless by credit card;
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 10 days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 The Seller shall issue a tax document - invoice to the Buyer after payment of the price for the goods performed under the Purchase Agreement and send it in electronic form to the Buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:
5.1.1. for the delivery of goods, the price of which depends on the fluctuations of the financial market independently of the will of the Seller and which may occur during the withdrawal period,
5.1.3. for the delivery of goods which have been adapted to the wishes of the buyer or for his person
5.1.4. the delivery of perishable goods or goods which have been irretrievably mixed with other goods after delivery,
5.1.5. the delivery of newspapers, periodicals or magazines,
5.2 Unless it is a case referred to in Article 5.1 or another case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, within 14 days of receipt of the goods, and in the case where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
5.3 For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the address of the Seller's business premises or registered office at Qubus, Rámová 3, Prague 1, 110 00. The provisions of Article 11 of these Terms and Conditions shall apply to the delivery of the withdrawal.
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract to the Seller at the address of the Qubus premises, Rámová 3, Prague 1, 110 00 in an intact condition, without signs of wear and tear and preferably in the original packaging. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.5 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him in undamaged form.
5.6. Nárok na úhradu škody vzniklé na zboží je prodávající oprávněn jednostranně započíst proti nároku kupujícího na vrácení kupní ceny.
5.7. Do doby převzetí zboží kupujícím je prodávající oprávněn kdykoliv od kupní smlouvy odstoupit. V takovém případě vrátí prodávající kupujícímu kupní cenu bez zbytečného odkladu, a to bezhotovostně na účet určený kupujícím.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods on delivery.
6.3 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 specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods
8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 Out-of-court handling of consumer complaints is handled by the Seller via the electronic address . The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DATA PROTECTION
9.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2 The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").
9.3 The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
9.6 Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
11. SUBMISSION
11.1 Notices concerning the relationship between the Seller and the Buyer, in particular those concerning withdrawal from the Purchase Contract, must be delivered by post by registered letter, unless otherwise specified in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
11.2 A notice which is refused by the addressee, which is not collected within the storage period or which is returned as undeliverable shall also be deemed to have been delivered.
11.3 The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.
12. INFORMATION ON OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
In the event of a dispute between the Buyer, who is a consumer within the meaning of Section 419 of the Civil Code and the Seller, arising from the concluded purchase contract, the Buyer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection in order to conclude an agreement with the Seller, through the contact details available on the website http://www.coi.cz/. The submission of the proposal and the subsequent participation in the out-of-court dispute resolution is free of charge for the Buyer, while any costs incurred in connection with the out-of-court dispute resolution shall be borne by each party separately. The choice of out-of-court dispute resolution is voluntary for the buyer.
Out-of-court dispute resolution is governed by § 20d et seq. of Act No. 634/1992 Coll. on Consumer Protection. The proposal for initiation of out-of-court proceedings must contain the elements pursuant to Section 20n of the Consumer Protection Act. on consumer protection. An application for out-of-court dispute resolution may be filed no later than within 1 year from the date on which the buyer first lodged a claim with the seller that is the subject of the dispute (e.g. from the time of the first claim for goods or from the time of the request for reimbursement of the purchase price after a valid withdrawal from the contract in the event of the seller's default in reimbursing it).
Buyers residing in another EU Member State, Norway or Iceland are entitled to take their dispute with the seller to out-of-court settlement through the European Consumer Centre in their country of residence; a list of the relevant consumer centres is available on the European Commission's website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm.
13. FINAL PROVISIONS
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
12.3 The Purchase Contract including the Terms and Conditions shall be archived by the Seller in electronic form and shall not be accessible.
12.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
12.5 Contact details of the Seller: delivery address Qubus s.r.o., Rámová 3, Prague 1, 110 00, e-mail address: qubus@qubus.cz , telephone: 222 313 151
