Terms and Conditions

TERMS AND CONDITIONS
business companies
VSV s.r.o.
    with its registered office at Okružní 114, 54242 Pilníkov
identification number: 62063995

registered in the Commercial Register under ref. C 7506 RS in Hradec Králové
for the sale of goods through an online store located at www.elian.eu


1. INTRODUCTORY PROVISIONS
1.These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of VSV s.r.o. registered office: Okružní 114, 54242, Pilníkov, identification number: 62063995, registered in the Commercial Register under ref. C 7506 RS in Hradec Králové
 (hereinafter the “Seller”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), regulate the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller's e-shop. The e-shop is operated by the Seller on a website located on the Internet (hereinafter referred to as the "Website") via the Website interface (hereinafter referred to as the "Web Interface").

2.The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller is a legal person or person acting in the course of ordering goods in the course of his business or in his own pursuit of his profession.
3. Any provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.
4.The terms and conditions of the Terms and Conditions are an integral part of the Purchase Agreement. The purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.

3.Conclusion of the purchase contract
1.All presentations of goods placed in the web interface of the shop are of an informative nature and the seller is not obliged to conclude a purchase agreement regarding these goods. Section 1732 (2) of the Civil Code does not apply.
2. The store's web interface contains information about the goods, including the indication of the prices of the individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. The prices of the goods include VAT and all related charges. The prices of the goods remain valid as long as they are displayed in the web interface of the shop. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3. The store web interface also contains information on the costs of packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
4. To order the goods, the buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:
4.1.price of goods
4.2.of the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods a
4.3.Information on the cost of delivery of goods (hereinafter referred to as "Order").

 

 


5. The Seller may change or amend the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

 

2.User account
1. Upon registration by the Buyer on the Website, the Buyer may access its user interface. From its user interface, the buyer may order goods (hereinafter referred to as "user account"). In case the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
2.When registering on the website and when ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the user account and when ordering goods is considered by the seller to be correct.
3. Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
4. The buyer is not authorized to allow the use of the user account to third parties.
5.The Seller may cancel the User Account, especially if the Buyer uses his / her User Account for a longer period of time, or if the Buyer violates his / her obligations under the Purchase Agreement (including 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. necessary maintenance of hardware and software of third parties.
5.Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, even with regard to the possibility of the buyer to detect and correct errors in entering data into the order. The buyer sends the order by clicking on the "" button. The data listed in the order they are deemed correct by the seller. Seller immediately upon receipt of the order confirms this receipt to the buyer by e-mail to the e-mail address of the buyer specified in the user account or in the order (hereinafter referred to as "e-mail address of the buyer")
6.The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example in writing or by phone).
7.The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance) sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
8. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are paid by the buyer, and these costs do not differ from the basic rate.

4.Price of goods and Payment terms
1.The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer to the seller in the following ways:
in cash at the Seller's premises at the Seller's registered office
cash on delivery at the place specified by the buyer in the order;
by bank transfer to the seller's account no.7813600267 / 0100, maintained by Komerční banka a.s. (hereinafter referred to as "Seller's Account");
2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with 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.
3.The Seller does not require the Buyer to make a deposit or any other similar payment.
4. In case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the conclusion of the purchase contract.
5.In the case of cashless 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 cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
6.The seller is entitled to demand payment of the entire purchase price before the goods are shipped to the buyer. Section 2119 (1) of the Civil Code does not apply.
7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
8.If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice for the payments made under the purchase contract to the Buyer. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer and sent to the buyer at the address of the buyer.

 

5. withdrawal from the purchase contract
1. The buyer acknowledges that pursuant to Section 1837 of the Civil Code, the purchase contract for the delivery of goods that have been modified to the buyer's wish or for his person cannot be withdrawn from the purchase contract for perishable goods as well as even goods that have been irrevocably mixed with other goods upon delivery, from a purchase contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons and from a purchase contract for the delivery of audio or video recordings or a computer program if broke their original packaging.
2.If this is not the case referred to in Article 5.1 or any other case where it is not possible to withdraw from the Purchase Contract, the Purchaser has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to fourteen (14) ) days from receipt of the goods, whereas if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the model form provided by the seller, which is attached to the terms and conditions. The Purchaser may send the withdrawal from the Purchase Agreement to, among other things, the address of the Seller's premises or the Seller's e-mail address.
3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. Goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.
4. 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 withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for 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 or proves that the goods were sent to the seller.
5.The Seller is entitled to unilaterally set off the claim for damages to the goods against the Buyer's claim for the refund of the purchase price.
6.The seller is entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.
7.If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the purchase contract, the gift contract for such gift is lost and the buyer is obliged together with the goods to the seller return a gift.

6. Transport and delivery of goods
1.If the mode of transport is agreed upon by the Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
2.If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the Purchase Contract, the Buyer is obliged to accept the goods upon delivery.
3.If it is necessary to deliver the goods repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other means of delivery.
4.When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.
5. Other rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms if issued by the Seller.

7. Rights from Defective Performance.
1. The rights and obligations of the contracting parties regarding the rights of defective performance shall be governed by the relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2.The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:
2.1.It has the characteristics of the goods that the parties have agreed, and if there is no agreement, has the characteristics that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they carry out
2.2.the goods are fit for the purpose stated by the Seller for their use or for which goods of this kin

2.3.the goods conform to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
2.4. Is the goods in the appropriate quantity, measure or weight;
2.5.Goods comply with legal requirements.
4.If a defect manifests itself within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right of defect that occurs for consumer goods within 24 months of receipt.
5.The Buyer shall exercise the rights of defective performance with the Seller at the address of the Seller's premises, in which the acceptance of the complaint is possible with regard to the assortment of the goods sold, possibly at the registered office or place of business. The moment of filing a claim is considered to be the moment when the seller received the claimed goods from the buyer.
6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8. Other rights and obligations of the parties
1.The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
2.The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (a). e) of the Civil Code.
3.Motional settlement of consumer complaints is provided by the seller via electronic address. The Seller shall send the Buyer's complaint to the Buyer's e-mail address.
4.The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
5. Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

9.Privacy protection
1. The protection of personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
2. The buyer agrees to the processing of his / her personal data: first and last name, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").
3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account. If the Buyer does not choose another option, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself make it impossible to conclude a purchase contract.
4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the shop) correctly and that he is obliged to inform the seller without undue delay about the change in his personal data.
5.The Seller may authorize a third party as the processor to process the Buyer's personal data. Except for persons transporting goods, personal data will not be passed on to third parties without the Buyer's prior consent.
6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
7. The buyer confirms that the personal information provided is accurate and that he / she has been advised that it is voluntarily providing personal data.
8.If the Buyer believes that the Seller or the Processor (Art.) Is processing its personal data contrary to the privacy and personal life of the Buyer or in violation of the law, especially if the Personal Data is inaccurate with with regard to the purpose of their processing, may:
Ask the seller or processor for explanation,
8.2.to require the seller or processor to remove the condition thus created.
9. If the Buyer requests information about the processing of his / her personal data, the Seller is obliged to provide this information. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.

10.Sending business communications and storing cookies
1.The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive Seller's commercial communications to the Buyer's email address.
2. Buyer agrees to store cookies on his computer. In the event that the purchase on the website can be performed and the seller's obligations under the purchase contract, without the so-called cookies stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11.Delivery
1. The buyer may be delivered to the buyer's email address.
12. Final provisions.
1.If a relationship based on a purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
2.If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
3. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
4.The Annex to the Business Terms and Conditions forms a model form for withdrawal from the purchase contract.
5.Contact details of the seller: VSV s.r.o., Okružní114, 54242 Pilníkov, zas.sluzba@vsv.cz, 499898172
In Pilníkov on 15.10.2014