BUSINESS TERMS and CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1 The Business Conditions (hereinafter referred to as “BC”) issued according to Section 1751 (1) of Act no. 89/2012 Coll. (Civil Code) apply to purchases made in the Meister-Ski online shop on the website www.meister-ski.com (hereinafter “e-shop”). The BC are an integral part of the Purchase Contract and they define and specify the rights and obligations of the Seller, who is the operator of the e-shop, company Meister-Ski s.r.o., address at: Suttnerové 19, Prague 6, post code 160 00, company registration no. 04599896, tax identification no. CZ 04599896, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 250544, email: firstname.lastname@example.org, phone +420 732 555 500, of the one part and the Buyer of the second part. Contractual relations are entered into according to the law of the Czech Republic except for conflict rules and provisions of the UN Convention on Contracts for the International Sale of Goods negotiated in Vienna on 11 April 1980.
1.2 The Seller is entitled to change the BC at any time. The change of BC does not affect contracts which have been already entered into.
1.3 The Buyer is a natural person, a consumer pursuant Section 419 of Act no. 89/2012 Coll., Civil Code, who enters into a Purchase Contract with the Seller via e-shop. The goods sold by the Seller via e-shop are not intended to be sold further within the Buyer’s business activity. In case the Buyer is interested in purchasing goods in order to sell them subsequently within his business activity the Buyer may contact the Seller and negotiate conditions for selling the goods according to the individually negotiated conditions independent on those in BC.
1.4 Relations not regulated by the Terms and Conditions are governed by Act no. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”).
1.5 The BC, including the e-shop content, the Purchase Order and all actions leading to entering into the Purchase Contract are in Czech, English and German languages according to the Buyer’s choice.
1.6 The Seller is not bound by any Code of Conduct, thus no Code of Conduct is published within the e-shop.
1.7 Upon signing the Contract the Buyer confirms that he became acquainted with the full wording of the Terms and Conditions and that he understands all provisions therein and fully agrees with them.
2. ENTERING INTO THE PURCHASE CONTRACT
2.1 By choosing goods from the Seller’s stock or by an individual choice of custom-made goods and their subsequent ordering (by means of completing a Purchase Order Form) the Buyer makes a proposal to the Seller for entering into a Purchase Contract. The Purchase Contract between the Seller and the Buyer is entered into at the moment of accepting the proposal by the Seller, thus when the Seller confirms the Purchase Order by sending it to the Buyer’s email address. The Seller sends a confirmation of receiving the Order for processing within 48 hours from receiving the Order by email. In case the Buyer makes an Order during days which are Czech public or other holidays, the Seller will send a confirmation of receiving the Order for processing within 48 hours after the end of the holidays. The Seller will send a confirmation of the Order (hereinafter as “acceptance”) to the Buyer by email after processing the Order. If the Buyer does not confirm the Seller’s proposal the Contract is not considered as entered into.
2.2 The Order Form contains Buyer’s identification data (name and surname, address, email address, phone number or mailing address), specification and cost of the goods, method of payment, method and cost of transportation.
2.3 The price of the goods offered in the e-shop includes VAT and all fees related to the sale (except for the postage and the cost of packaging which are stated separately). The price of the goods is valid for the time of their placement in the Seller’s e-shop.
2.4 The order is valid upon the condition that all elements of the Purchase Order Form are filled in including the agreement with the wording of the Terms and Conditions.
2.5 The Buyer is aware that the Seller is not obliged to enter into a Purchase Contract with the Buyer for all goods placed in the Seller’s e-shop, i.e. the placement of goods in the Seller’s e-shop is not an offer for entering into a contract pursuant Section 1732, Civil Code.
2.6 All facts stated by the Buyer in the note column of the Order Form (e.g. but not limited to specific requirements related to the custom-made goods, deviations from the proposed methods of delivery etc.) will be dealt with the Buyer individually by email or by phone. If the Seller agrees the above mentioned facts become a part of the signed Purchase Contract. If the Seller disagrees the Purchase Contract is not considered to be entered into. If for any reason the Seller is not able to meet the Buyer’s requirement(s) stated in the Purchase Order the Seller will send a new draft Purchase Order to the Buyer and ask for his opinion. In such case the Purchase Contract is entered into by sending the new Purchase Order by the Buyer to the Seller and its subsequent confirmation by the Seller.
2.7 In circumstances worthy of special consideration (e.g. a purchase which is not common in terms of quantity of goods, price etc.) the Seller is entitled, before confirming the Order and thus entering into the Purchase Contract, to ask the Buyer for a confirmation of the Order by phone or in writing. If the Buyer does not confirm the Order after the Seller’s appeal the Order is not considered to be carried out.
2.8 With respect to the nature of the sale of the goods in the e-shop and updating of the relevant information it is possible that by the time the Seller receives the Order the relevant goods will not be available. The Seller is obliged to inform the Buyer immediately after discovering that the goods offered in the e-shop have been sold out and are no longer available. If the parties do not agree on adjusting the Purchase Order within 5 days after the notification about the unavailability of the goods, the Purchase Contract terminates and neither of the parties is entitled to claim compensation from the other party.
2.9 The Purchase Order will be made available to the Buyer at the moment of confirming the order and the Buyer has a possibility to save it and print it at any time.
2.10 In case of detecting errors which incurred during the completion of the Order the Buyer has a possibility to adjust the errors before confirming/sending the Order in the same way as when entering relevant details in the order.
3. DUTIES AND OBLIGATIONS OF THE PARTIES
3.1 By entering into the Purchase Contract the Seller is obliged to submit the ordered goods, if ordered from the stock, to the Buyer; in case of ordering custom-made goods the Seller is obliged to produce the goods and submit them to the Buyer. The Buyer is obliged to pay the agreed price to the Seller.
3.2 The Buyer is obliged to accept the goods ordered and delivered according to the Purchase Order and the Business Conditions herein.
3.3 If when for any reasons on the part of the Buyer it is necessary to deliver the goods in a different way than the way agreed in the Contract the Seller is entitled to ask the Buyer to cover all incurred expenses related to the delivery.
4. WITHDRAWAL FROM THE CONTRACT
4.1 The Buyer is entitled to withdraw from the Purchase Contract according to Section 1829, Civil Code within 14 days after taking over the goods from the stock. The Buyer is not entitled to withdraw from the Purchase Contract in case of custom-made goods, thus, goods adjusted according to the consumer’s wish and for his person pursuant Section 1837 (d) of Act no. 89/2012 Coll.
4.2 We recommend using THIS FORM for withdrawing from the Contract. It is possible to use another way for withdrawing from the Contract.
4.3 If the Buyer withdraws from the Contract he will send or submit the received goods to the Seller without undue delay no later than fourteen days after the withdrawal from the Contract.
4.4 If the Buyer withdraws from the Contract the Seller returns to him all financial means including the delivery costs (except for additional costs incurred as a result of selecting a delivery method other than the cheapest standard method of delivery offered by the Seller) which he received from him according to the Contract without undue delay no later than fourteen days after his withdrawal from the Contract in the same way.
4.5 If the Buyer withdraws from the Purchase Contract the Seller is not obliged to return the accepted financial means to the Buyer before the Buyer hands the goods over to him or proves that he sent him the goods.
4.6 Expenses related to returning the goods to the Seller will be borne by the Buyer.
4.7 The Buyer is responsible for the decrease in value of the goods arising out of handling the goods in a way other than the appropriate way of handling with respect to the goods’ nature and characteristics.
4.8 The Seller is entitled to withdraw from the Purchase Contract before the goods are taken over by the Buyer in case of circumstances which prevent him from delivering the goods to the Buyer.
5.0 TERMS OF PAYMENT, TERMS OF DELIVERY AND TRANSFER OF PROPERTY RIGHTS
5.1 The Buyer is not obliged to make an advanced payment for the ordered goods except as expressly agreed in the Order.
5.2 The Buyer is obliged to pay the purchase price for the goods to the Seller’s bank account. The price is considered as paid once the full purchase price has been credited to the Seller’s bank account. The Buyer bears all expenses in consideration of the purchase price of goods which can be charged by his bank institute (e.g. handling fee).
5.3 The Goods will be sent to the Buyer after the purchase price including the delivery cost is paid. The Seller dispatches the goods within 14 days after the purchase price is credited to his bank account. The Production of custom-made goods commences only after the purchase price is fully paid. Custom-made goods are dispatched within 14 days after crediting the purchase price to the Seller’s bank account. The dispatch period may be adequately extended if the delay is caused by circumstances beyond Seller’s control. If the purchase price is credited to the Seller’s bank account during the period from 23 December to 2 January of the calendar year than the 14-days dispatch period commences on 3 January.
5.4 The purchase price is due within 10 days after entering into Contract. If the purchase price is not credited to the Seller’s bank account by the due date the Contract terminates and neither of the parties is entitled to claim any compensation from the other party.
5.5 Apart from the purchase price the Buyer is obliged to pay to the Seller the delivery cost in the amount based on the delivery method chosen by the Buyer. The current amount of the prices for the delivery of goods is including VAT and it is always showed next to the particular method of delivery in the amount charged by the relevant transporter. Prices for the delivery of goods are always showed next to the relevant goods.
5.6 The possessory title to ordered goods is transferred from the Seller to the Buyer only after paying the full purchase price including the delivery cost.
5.7 The Buyer expressly agrees with the possibility of sending the invoice in an electronic form (instead of a written form) to his email address.
6 WARRANTY CLAIM
6.1 The statutory warranty period is 24 months. It commences on the day of receiving the goods by the Buyer. In case of second-hand articles the Seller is not responsible for defects arising from the usage or wear and tear which the article had at the moment of its takeover by the Buyer and the rights from the liability of defects terminate if they are claimed within 12 months from the date of taking the goods over by the Buyer. The Seller will indicate this fact and the period in the sales receipt and clearly on the offered goods and in the confirmation of the order. In case of goods which sold at lower prices due to a defect the warranty does not cover the defect for which the lower price was negotiated.
6.2 The Seller is obliged to examine the goods duly upon its delivery. The Buyer is entitled to refuse to take over the goods in case of an incomplete or damaged consignment. If the Buyer takes over the damaged or damaged consignment he is obliged to describe the damage or incompleteness of the consignment in detail in a transporter’s Handover Certificate.
6.3 In case of a damaged or incomplete consignment the Buyer is obliged to inform the Seller about the relevant facts without undue delay on the email address: email@example.com and to complete together with the transporter a Certificate of Damage and send it to the Seller without undue delay by email or post.
6.4 The Buyer can claim the goods by sending it by post on the address: Grosswallstadt, Industriering 8, Federal Republic of Germany.
6.5 The goods must be packed in a due and proper way in order to avoid further damage during its transportation to settle the claim. The consignment of claimed goods must consist of: complete claimed goods including the proof of purchase, description of damages and Buyer’s contact details.
6.6 The warranty claim does not cover defects arising from the misuse of the goods or its improper or inappropriate handling. Further, the warranty claim does not cover mechanical damage of goods, usage of good in conditions not in compliance with the environment defined by the Seller (e.g. temperature, mechanical and/or chemical influence, humidity etc.), improper treatment, service, neglecting of goods, overloading, usage of goods contrary to the general principles of the usage of goods, alterations, unauthorized interventions or changes in the goods’ parameters, if the defect was caused by these modifications. The warranty claim does not cover damages caused by Force Majeure or natural forces.
6.7 If the defect of the goods was caused by some of the above stated forces or behaviour/treatment/activity not covered by the warranty the Buyer can ask the Seller for a paid repair of the goods, if feasible. Before commencing the repair the Buyer will agree on the cost, scale and time needed for completing the repair with the Seller within a Repair Contract which was entered into via email.
6.8 The Seller will decide about the claim without delay, in difficult cases within three working days. This period does not include time needed for an expert examination of the defect calculated according to the sort of the goods. If the Seller does not agree on a longer period with the Buyer the claim including replacing the defect will be settled without undue delay within 30 days after making the claim at the latest.
6.9 After receiving the claimed goods the Seller will send a confirmation (by email) to the Buyer with information about when the claim was made, what is its subject-matter, what method of settling the claim the Buyer requires, the date and method of settling the claim including a confirmation about completing the repair and duration of the claim. In case the Seller rejects the claim then also the reasoning of the rejection.
6.10 The Buyer is entitled to claim a compensation of necessary expenses related to exercising his legitimate rights for liability of defects which were truly and intentionally spent (e.g. the postage in connection with dispatching the claimed goods). The Buyer is obliged to exercise his right to claim the compensation for expenses within one month after settling the claim at the latest.
6.11 In case of a valid claim the warranty period is extended for the duration period of the claim. In case of an invalid claim the warranty period is not extended. The duration period of the claim is calculated from the day after the day of receiving the claim until the day of settling the claim, thus, until the Buyer is obliged to take over the goods. The Buyer will be informed about settling the claim by email on the address which he provided to the Seller during the purchase or by phone. The goods will be sent to the Buyer’s address automatically after the claim is settled.
7. RIGHTS FROM DEFECTIVE PERFORMACE AND QUALITY WARRANTY
7.1 Duties and obligation of the contractual parties concerning rights from defective performance are adjusted by Act no 89/2012 Coll., namely by Sections 2099 - 2112 thereof.
7.2 If defective performance represents a significant breach of contract the Buyer is entitled to a compensation of the defect by means of delivery of a new product without defect or by delivery of the missing product, or to the elimination of the defect by repairing the product or to an adequate discount from the purchase price, or he can withdraw from the contract.
7.3 If defective performance represents an insignificant breach of contract the Buyer is entitled to the elimination of the defect or to an adequate discount from the purchase price.
7.4 By providing a quality warranty the Seller undertakes that the product will be eligible for regular use for a certain period of time or that it will preserve its usual qualities.
7.5 Warranty period commences on the moment of handing the product over to the Buyer. If the product was dispatched according to the Contract the warranty period commences on the moment of delivery of the product to the destination.
8. PROTECTION OF PERSONAL DATA
8.1 The Buyer hereby grants the Seller who is acting as an administrator pursuant Act no. 101/2000 Coll. on protection of personal data, as amended, a permit to gather, process, maintain and use the information provided by the Buyer for the purposes of Seller’s information and accounting systems and for use within Seller’s marketing campaigns in order to inform the Buyer about new Seller’s products and events for the period of 5 years from the day of sending the order.
8.2 This concerns in particular the Buyer’s name and surname, his address, mailing address, email address and phone number.
8.3 The Buyer expressly agrees with commercial messages being sent by the Seller to the Buyer’s email address pursuant to Act no. 480/2004 Coll. (on Certain Services of an Information Company), as amended.
9.0 OUT-OF-COURT SETTLEMENT
9.1 The Seller deals properly with any possible disagreements between him and the Buyer and seeks to solve it to the satisfaction of both parties.
9.2 If the Buyer’s claims are not satisfied despite due examining of the matter by the Seller and if a disagreement arises between the Buyer and the Seller the Buyer is entitled to resolve his claims through an out-of-court settlement of a consumer’s dispute arising from a Purchase Contract for the sale of goods (hereinafter “consumer dispute”).
9.3 In case of a consumer dispute it is possible to appeal to the Czech Trade Inspection (Česká obchodní inspekce), www.coi.cz (hereinafter “CTI”), for an out-of-court settlement of any consumer dispute. During the out-of-court settlement of consumer disputes other authorized persons/entities can appear for which an out-of-court settlement can be also commenced - dealt with.
9.4 Out-of-court settlement of a consumer dispute commences at CTI upon a motion filed by the Buyer (or other authorized person) acting as a consumer, and the motion has to include:
- a) Identification data about the parties to the dispute (the Buyer and the Seller);
- b) A complete and comprehensible explanation of the contentious material facts;
- c) A designation of what the Petitioner (Buyer) seeks (e.g. refund of the purchase price, exchange of goods etc.);
- d) The date on which the petitioner claimed his right, which is the subject of dispute, to the Seller for the first time (e.g. first warranty claim);
- e) A declaration that the court did not make any decisions regarding the case, no arbitration award was published and no agreement was made as a part of out-of-court settlement of a consumer dispute and no proceedings before the court, arbitration proceedings or out-of-court settlement proceedings of a consumer dispute commenced according to the laws;
- f) date and Buyer’s signature.
The Buyer will attach to the motion a proof of the fact that the Buyer as a Petitioner did not succeed in solving the dispute directly (e.g. correspondence with the Seller etc.) and other documents proving the declared facts, if available. The motion can be filed particularly in writing or by oral report or in an electronic way via online form on CTI websites, signed with a recognized electronic signature or sent via data box of the person filing the motion.
9.5 The Buyer can file a motion at CTI or other authorized entity within 1 year from the date of claiming his right, which is the subject of dispute, against the Seller for the first time (e.g. withdrawal from contract/warranty claim).
9.6 The out-of-court settlement of consumer disputes must be finished within 90 days from its commencement. In case of particularly complicated disputes it is possible to extend the period for a maximum of another 90 days.
9.7 The out-of-court settlement of a consumer dispute finishes:
- a) By entering into agreement between the parties to the dispute (consensual);
- b) By Buyer’s unilateral declaration of termination of his participation in the settlement of the dispute about which he informs CTI or other authorized entity;
- c) By death, declaration of death, declaration of a missing person or by termination of one of the parties to the dispute without a legal representative;
- d) By lapse of time for settlement of the dispute;
- e) By refusing the motion (due to faults therein).
9.8 An out-of-court settlement of consumer disputes is not charged. Expenses related to the out-of-court settlement of a consumer dispute are borne by the parties themselves.
9.9 CTI or other authorized entity will settle the rules for the out-of-court settlement of consumer disputes which will closely adjust the process of the out-of-court settlements of consumer disputes so that they are in accordance with the statutory rules.
9.10 If the out-of-court settlement of a consumer dispute does not lead to the settlement of the consumer dispute the Buyer is entitled to assert his claim before court.
9.11 The Buyer is not obliged to make use of the opportunity of the out-of-court settlement of a consumer dispute and he can claim directly in court.
10. FINAL PROVISIONS
10.1 Relations not regulated by the Terms and Conditions are governed by relevant provisions of the Civil Code and other related legal regulations.
10.2 In case that any provision in the Terms and Conditions are found illegal or invalid it does not affect the validity or effectiveness of other provision therein.
10.3 Any agreements between the Seller and the Buyer included in the Purchase Contract take precedence over the provisions in the Terms and Conditions to which they are contrary.
In Prague on 20th October 2016.