- Introductory provisions
- User Account
- Conclusion of the Purchase Agreement
- Price of goods and payment terms
- Purchase Agreement withdrawal
- Transport and delivery of goods
- Rights from defective performance
- Other rights and obligations of the contracting parties
- Privacy and commercial communications
- Sending commercial messages and storing cookies
- Final provisions
1. Introductory provisions
1.1. These Terms and Conditions (the "Terms & Conditions") of the Kummer Co. Ltd., registered office: Dělnická 1048, 688 01 Uherský Brod , identification number: 28297971, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 59373 ("Seller") governs the mutual rights and obligations of the parties arising out of or under the Purchase Agreement (the "Purchase Agreement") concluded between the Seller and another natural or legal person ("Buyer") through the Seller's online store. The online store is operated by the Seller at www.kmrarms.com ("Website"), and through the web page interface ("Web Store Interface").
1.2. The Terms & Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods in the course of his business or in the independent exercise of his profession.
1.3. Provisions deviating from the Terms & Conditions can be agreed in the Purchase Agreement. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms & Conditions.
1.4. The provisions of the Terms & Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms & Conditions are written in Czech. The Purchase Agreement can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms & Conditions. This provision shall be without prejudice to rights and obligations arising for the period of effect of the previous version of the Terms & Conditions.
1.6. Weapons and ammunition can be purchased only upon presentation of valid documents and can only be purchased in person at the store. These goods can not be sent by any shipping company. When ordering weapons and ammunition through the e-shop, such an order is only considered as a pre-reservation.
2. User Account
2.1. Based on the Buyer's registration on the website, the Buyer can access his user interface. From its user interface, the Buyer can order goods (the "User Account"). If the web interface allows this, the Buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the User Account upon any change. The information provided by the Buyer in the User Account and when ordering the goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may terminate the User Account, especially if the Buyer has not used the User Account for more than 12 months, or if the Buyer breaches its obligations under the Purchase Agreement (including the Terms & Conditions).
2.6. The Buyer acknowledges that the User Account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. Conclusion of the Purchase Agreement
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually negotiated terms.
3.3. The store web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only when the goods are delivered within the Czech Republic.
3.4. To order goods, the Buyer fills in an order form in the web interface of the shop. The order form shall contain, in particular, information on:
3.4.1. ordered goods (the ordered goods 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 shipping costs (collectively referred to as "order").
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, also with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Confirm order" button. The data listed in the order they are deemed correct by the Seller. Seller shall promptly acknowledge receipt of this order to the Buyer by e-mail to the Buyer's e-mail address specified in the User Interface or Order ("Buyer Email Address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (eg in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's email address.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone costs) shall be borne by the Buyer, which does not differ from the standard rate.
4. Price of goods and payment terms
4.1. 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:
- cashless via GoPay;
- cashless credit card;
- cashless transfer in Czech crowns (CZK) to Seller's account no. 7535542/0800, held at Česká spořitelna a.s. ("Seller Account");
- cashless transfer in Euros (EUR) to Seller's account No. 7715762/0800, held at Česká spořitelna a.s. ("Seller Account");
- cash on delivery at the location specified by the Buyer in the order.
4.2. Together with the purchase price, the Buyer is obliged to pay to the Seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms & Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 14 days of the conclusion of the Purchase Agreement.
4.5. In 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 a cashless payment, the Buyer's obligation to pay the purchase price is met when the relevant amount is credited to the Seller's account.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the Purchase Agreement. The Seller is / is not paying value added tax. The Seller shall issue the invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's email address.
5. Purchase Agreement withdrawal
5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of goods which has been modified according to the Buyer's wish or for himself. which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons and from a contract for the delivery of audio or video recordings or computer software if original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days in accordance with Section 1829 (1) of the Civil Code. from the date of receipt of the goods, and if the subject of the Purchase Agreement 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 contract of sale must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer can use the sample form provided by the Seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's email address email@example.com.
5.3. In case of withdrawal from the Purchase Agreement according to Article 5.2 of the Terms & 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 Agreement, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
5.4. In the event of withdrawal pursuant to Article 5.2 of the Terms & Conditions, the Seller shall return funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted 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 and does not incur additional costs to the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods sent to the entrepreneur.
5.5. The Seller is entitled to unilaterally set off the claim for damages for the goods against the Buyer's claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In this case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the Buyer's designated account.
5.7. If a gift is provided together with the goods to the Buyer, the gift contract between the Seller and the Buyer is concluded with the proviso that if the Buyer withdraws from the Purchase Agreement, the gift contract for such gift ceases to be effective and the Buyer is obliged to return provided gift.
5.8. The Seller may also withdraw from the Purchase Agreement if the goods were mistakenly priced at an unusual price.
6. Transport and delivery of goods
6.1. Where the mode of transport is negotiated on the basis of a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with that mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take the goods on delivery.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with any other delivery method.
6.4. Upon receipt of 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 notify the carrier immediately. In the event of a violation of the packaging that indicates unauthorized entry into the shipment, the Buyer need not take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the Seller, if issued by the Seller.
7. Rights from defective performance
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller is responsible 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 has received the goods:
7.2.1. the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are normally used,
7.2.3. the goods correspond to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions referred to in Article 7.2 of the Terms & Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, the Buyer, or if this is due to the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The Buyer shall exercise the rights from defective performance with the Seller at the address of its Seller, where acceptance of the complaint is possible with respect to the assortment of the goods sold, possibly also in the registered office or place of business.
7.6. Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's complaints procedure.
8. Other rights and obligations of the contracting parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) para. e) of the Civil Code.
8.3. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement.
8.4. 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 appropriate trade licensing office. Supervision of Personal Data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. Privacy and commercial communication
9.1. The protection of the 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 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 (collectively referred to as "Personal Data").
9.3. The Buyer agrees with the processing of Personal Data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining a User Account. Unless the Buyer chooses otherwise, 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 their entirety pursuant to this Article is not a condition that would in itself preclude the conclusion of a Purchase Agreement.
9.4. The Buyer acknowledges that he/she is obliged to provide his/her Personal Data (upon registration, in his/her User Account, when ordering from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller of any change in his/her Personal Data without undue delay. p>
9.5. The Seller may authorize a third party to process the Buyer's Personal Data as a processor. Except for persons transporting goods, Personal Data will not be passed to third parties without the Buyer's prior consent
9.6. Personal Data will be processed indefinitely. Personal Data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal information provided is accurate and that he/she has been advised that this is a voluntary disclosure.
9.8. Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his Personal Data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the Personal Data are inaccurate with respect to for the purpose of their processing, it 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 asks for information about the processing of their Personal Data, the Seller is obliged to provide this information. The Seller has the right to require reasonable compensation for providing the information referred to in the previous sentence, not exceeding the costs necessary to provide the information.
10. Sending commercial messages and storing cookies
10.1. 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 commercial communications from the Seller to the Buyer's email address.
10.2. The Buyer agrees to the storage of cookies on his computer. If the purchase is possible on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without placing so-called cookies on the Buyer's computer, the Buyer can withdraw the consent under the previous sentence at any time.
11.1. The Buyer may be delivered to the Buyer's email address.
12. Final provisions
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is 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 & Conditions is invalid or ineffective, or becomes so, 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.
12.3. The Purchase Agreement, including the Terms & Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. A specimen withdrawal form is attached to the Terms & Conditions.
12.5. Seller's contact information: shipping address Delnicka 1048, 688 01 Uhersky Brod, email address firstname.lastname@example.org, phone +420 605 584 900.
In Uhersky Brod on 1st August 2018
Managing Director Kummer Co. Ltd.