- These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code") by the trading company
NAREX Ždánice, spol. s r.o.
ID No.: 25576909
VAT No.: CZ25576909
with registered office: Městečko 250, 696 32 Ždánice, Czech Republic
registered with the Commercial Register of the Commercial Register of KS Brno, Section C, Insert 35004
phone: +420 518 607 111
(hereinafter referred to as "Seller")
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a person who enters into a purchase contract with the Seller (hereinafter referred to as "Purchase Contract") outside of his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at www.narexzd.cz. ("Internet shop").
- The provisions of these Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the purchase contract shall prevail over the provisions of these terms and conditions.
- These Terms and Conditions and the Purchase Contract are concluded in the Czech language.
Product and Price Information
- Product information, including prices for each product and its main features, are listed for each product in the online store catalogue. Product prices are inclusive of value added tax. The prices of the products remain valid for as long as they are displayed for the respective products in the online shop. This provision does not preclude the individual negotiation of a different purchase price in the purchase contract.
- Any presentation of products placed in the catalogue of the online store is informative, is not an offer by the seller to conclude a purchase contract, nor does it create an obligation for the seller to conclude a purchase contract with the buyer regarding any products.
- Information about the costs associated with the delivery of goods listed in the online store applies only in cases where the goods are delivered within the Czech Republic. The costs associated with delivery of goods outside the Czech Republic will be calculated individually and notified to the buyer before the conclusion of the purchase contract.
- Possible discounts on the purchase price of the products cannot be combined with each other, unless otherwise agreed between the seller and the buyer.
Order and conclusion of the purchase contract
- Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the buyer in full. These costs do not differ from the basic rate.
- The buyer orders products in the following ways:
- through his/her customer account, if he/she has previously registered in the online shop,
- by completing the order form without registration.
- Based on the Buyer's registration made in the online store, the Buyer can access his/her customer account. From his/her customer account, the Buyer is entitled to order products. The Buyer is also entitled to order products without registration.
- When registering for a customer account and ordering products, the Buyer is obliged to provide all information correctly, completely and truthfully. The Buyer is obliged to update the information provided in the customer account whenever it changes. The Buyer is responsible for the accuracy and completeness of the information provided by the Buyer in the customer account and when ordering products. The Seller shall not be liable for incorrect, incomplete or false information about the Buyer in the customer account and when ordering products.
- Access to customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller shall not be liable for any misuse of the Buyer's customer account by third parties.
- The Buyer is not entitled to allow third parties to use his/her customer account.
- The Seller is entitled to cancel the customer account, in particular in the event that the Buyer does not use his/her user account for ordering and purchasing products from the online store for more than 18 months, or in the event that the Buyer violates his/her obligations under the Purchase Agreement or these Terms and Conditions.
- The Buyer acknowledges that the Customer Account may not be available around the clock, in particular with regard to the performance of necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third party hardware and software equipment.
Payment terms and delivery of products
- The Purchaser is entitled to pay the price of the Products and any costs associated with the delivery of the Products under the Purchase Agreement in the following ways:
- by wire transfer to the Seller's bank account no. 107-4853700277/0100, held at: Komerční banka a.s., or
- by cash on delivery of the products.
- For the avoidance of doubt, the provisions of this Article VI, Paragraphs 2 - 10 of these Terms and Conditions apply only to purchasers who are consumers; the provisions of this Article VI, Paragraph 11 of these Terms and Conditions apply to all purchasers.
- A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract. The withdrawal period is 14 days:
- from the date of receipt of the products,
- from the date of receipt of the last delivery of the products, if the subject of the purchase contract is several types of products or the delivery of several parts,
- from the date of receipt of the first delivery of the products, if the subject of the purchase contract is a regular recurrent delivery of products.
Rights from defective performance
- The Seller shall be responsible to the Buyer that the Products are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the products:
- the products have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or expected by the buyer having regard to the nature of the products and the advertising carried out by them,
- the products are fit for the purpose for which the seller states they are to be used or for which products of that kind are usually used,
- the products conform 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,
- the products are in the appropriate quantity, measure or weight; and
- the products comply with the requirements of the legislation.
- for products sold at a lower price, the defect for which the lower price was agreed,
- for wear and tear caused by normal use of the products,
- for used products, for a defect corresponding to the level of use or wear and tear the products had when the buyer took them over,
- in the case of use of the products in violation of the instructions for their use or the usual purpose of their use,
- if this is apparent from the nature of the products.
The buyer is not entitled to the right to claim for defects in the products if, before taking delivery of the products, the buyer knew that the products were defective, if the buyer caused the defect or if an external event caused the defect.
- exchange for new products,
- repair of the products, if objectively possible,
- a reasonable discount on the purchase price,
- if replacement of the products with new ones or repair is not possible,
- if he/she cannot use the products properly due to the recurrence of the defect or defects after repair,
- in the event of multiple product defects,
- if the defective performance is a material breach of the purchase contract.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
- All information provided by the buyer when working with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the buyer's information will not be used by the seller other than for the purpose of performing under the contract, except for the email address to which business communications may be sent, as this practice is permitted by law, unless expressly refused. These communications may only relate to similar or related products and may be opted out of at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
Out-of-Court Dispute Resolution
- The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
- The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No.2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is authorised to sell products on the basis of a trade licence. The trade control is carried out by the competent trade authority within the scope of its competence. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
- All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. The Seller and the Buyer hereby agree to the exclusive jurisdiction of the courts of the Czech Republic to adjudicate any disputes arising out of the purchase contracts of which these Terms and Conditions are a part. This is without prejudice to the rights of the consumer under generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative impact on its operation and shall not perform any activity that could allow him or third parties to interfere with or make unauthorized use of the software or other components that make up the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.
- The purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- The term product used in these terms and conditions corresponds, in the relevant context, to the terms goods or thing used by generally binding legislation, in particular the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
- Attached to these terms and conditions is a sample withdrawal form.
These terms and conditions shall take effect on 20.8.2021