GENERAL TERMS AND CONDITIONS
business company Moskito, spol. s r.o.,
for the sale of goods through an online store located at an internet address
I. BASIC PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations between Moskito, spol. s ro, with its registered office in Prague 9, Českomoravská 2420 / 15a, postal code 190 93 IČ: 06021956,, entered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 273381, as the seller on the one hand (hereinafter referred to as the “seller”) and the buyer on the other hand (hereinafter referred to as the “buyer”) arising on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the parties through an online store operated by the seller on a website located at www.moskito.cz
1.2. (the “Website”), through the Website Interface (the “Store Web Interface”).
1.3. Buyer means a consumer or entrepreneur. A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him (hereinafter referred to as the “buyer – consumer”). An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit. For the purposes of consumer protection, an entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur. For the purposes of these GTC, an entrepreneur means a person who enters into a purchase contract within the scope of his business activities (hereinafter referred to as the “buyer – entrepreneur”). If the buyer states his identification number in the order, he acknowledges that the rules set out in these GTC apply to entrepreneurs.
1.4. All legal relations between the seller and the buyer arising in connection with or on the basis of the purchase contract are governed by the laws of the Czech Republic. If the buyer is a consumer, the relations not regulated by these GTC are governed by the Civil Code and Act No. 634/1992 Coll., On Consumer Protection (hereinafter referred to as the “Consumer Protection Act”). If the buyer is not a consumer, the relations not regulated by these GTC are governed by the Civil Code.
1.5. Provisions deviating from the GTC can be agreed in the purchase contract concluded on the basis of individual negotiations between the buyer and the seller. Deviating provisions in the purchase contract take precedence over these GTC.
1.6. The provisions of these GTC are an integral part of every purchase contract. The purchase contract and the GTC are drawn up in the Czech language. The purchase contract can be concluded only in the Czech language.
1.7. The wording of the GTC may be changed or supplemented by the seller. The updated version of the GTC will be published on the seller’s website www.moskito.cz
1.8. and is binding on the buyer for each additional order of goods made after the publication of the updated version of the GTC.
II. USER ACCOUNT
2.1. Based on the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as “user account”). The buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are 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 the confidentiality of the information necessary to access his user account and acknowledges that the Seller is not responsible for breach of this obligation by the Buyer.
2.4. The seller assumes that the user account is always used only by the buyer. In the event that the buyer allows the use of his user account by third parties, he is obliged to do so himself, unless he proves otherwise.
2.5. The seller may cancel the user account in the event that the buyer violates his obligations under the purchase agreement (GTC).
2.6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
III. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 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 the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the 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 enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid 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 store. The order form contains in particular information about:
a) the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store);
b) the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods; and
c) information on the costs associated with the delivery of goods (hereinafter collectively referred to as “order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even 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 “ORDER” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail 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 (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from 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. Simultaneously with the written confirmation of receipt of the order, the seller will send the buyer a text copy of the current version of the GTC.
3.8. The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement.
3.9. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication 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 do not differ from the basic rate.
IV. PAYMENT TERMS – PAYMENT OF THE PURCHASE PRICE OF GOODS AND COSTS OF ITS DELIVERY
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
in cash upon receipt of the goods at the registered office or warehouse of the seller;
cash on delivery at the place specified by the buyer in the order (in the case of delivery of goods through the carrier);
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods. The price of transport is stated in the current price list of transport, which forms an appendix to the GTC and is published on the seller’s website.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of these GTC regarding the obligation to pay the purchase price of the goods before sending it to the buyer.
4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other if this is not stipulated by the conditions of the discount promotion.
4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document is issued by the seller to the buyer after payment of the price of the goods and handed over to the buyer upon receipt of the goods by the buyer.
V. TRANSPORTATION AND DELIVERY OF GOODS
5.1. The method of delivery of goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2. The usual time for delivery of goods is three (3) working days if the goods are delivered within the Czech Republic and five (5) working days if they are delivered outside the Czech Republic.
5.3. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. The buyer is obliged to confirm the receipt of the goods, including the documents handed over together with the goods, by signing the relevant document on the receipt of the goods. If the buyer does not take over the goods upon delivery, the seller is entitled to the buyer to pay the costs of storage and the cost of vain delivery of goods. If the buyer does not take over the goods even when trying to deliver them again, the seller is entitled to withdraw from the purchase contract.
5.4. In the event that for 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 repeated delivery of goods, respectively. costs associated with another method of delivery.
5.5. 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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
5.6. The risk of damage to the goods passes from the seller to the buyer by taking over the goods.
VI. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations.
6.2. The seller is responsible to the buyer that the delivered goods are free of defects, ie that the goods are handed over to the buyer in the agreed quantity, quality and design. If the goods do not have these properties, it is defective. A defect is also considered to be the performance of another item and a defect in the documents for the use of the item.
6.3. Buyer – the entrepreneur is entitled to exercise the right from a defect that the goods had when the risk of damage passed to the buyer, even if it manifests itself later. The right of the buyer is also established by a defect that later arose, which the seller caused. Buyer – the consumer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four (24) months from receipt; this shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or by the nature of the goods.
6.4. If the defect of the goods constitutes a material breach of the purchase contract, the buyer has the right to:
(a) to remedy a defect by delivering a new item without a defect or by delivering a missing item;
b) to eliminate the defect by repairing the item;
c) at a reasonable discount from the purchase price; or
d) withdraw from the purchase contract.
The buyer is obliged to inform the seller which right he has chosen, when notifying the defect, or without undue delay after notifying the defect. The buyer cannot change the choice without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable. If the seller does not eliminate the defects within a reasonable time or notifies the buyer that he will not eliminate the defects, the buyer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the purchase contract. If the buyer does not choose his right in time, he has the rights as in the case of a minor breach of contract under paragraph 6.6. GTC.
6.5. If the defect of the goods represents an insignificant breach of the purchase contract, the buyer has the right to eliminate the defect or to a reasonable discount on the purchase price. Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may supply what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer. If the seller does not remove the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price, or may withdraw from the contract. The buyer cannot change the choice without the consent of the seller.
6.6. In addition to the responsibilities set out in paragraph 6.2. The GTC is responsible to the buyer – consumer for the fact that the goods at the time when the buyer took it over:
(a) it has the characteristics agreed upon by the parties and, in the absence of an agreement, it has the characteristics described or expected by the buyer or manufacturer having regard to the nature of the goods and the advertising they make;
(b) it is fit for the purpose for which it is intended by the seller or for which goods of that kind are normally used;
(c) the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model;
(d) is in appropriate quantity, measure or weight; and
e) complies with the requirements of legal regulations.
If the defect becomes apparent within six (6) months from receipt of the goods, it is considered that the goods were defective at the time of receipt by the buyer – consumer.
6.7. If the goods do not have the characteristics set out in paragraph 6.6. GTC, the buyer – the consumer may also request the delivery of a new item without defects, if it is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the thing, the buyer can only request a replacement part; if this is not possible, the buyer may withdraw from the purchase contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer – consumer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of defects after repair or due to a larger number of defects. In such a case, the buyer – the consumer – also has the right to withdraw from the purchase contract.
6.8. If the buyer – consumer does not withdraw from the purchase contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer-consumer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy to the buyer-consumer would considerable difficulties.
6.9. The seller is not obliged to satisfy the claim of the buyer – consumer from the defective performance, if the buyer knew before concluding the purchase contract that the thing has a defect, or if the buyer – consumer caused the defect himself.
6.10. The rights arising from defective performance are exercised by the buyer in writing at the registered office of the seller. Together with the exercise of the right of defective performance, the buyer is obliged to deliver the defective goods to the seller. The buyer is entitled to the seller to incur costs expediently incurred in exercising the right from defective performance; however, he is obliged to assert this claim against the seller within one (1) month after the expiration of the period in which the defect must be alleged.
6.11. Complaints, including the elimination of defects, must be settled without undue delay, no later than thirty (30) days from the date of the complaint, unless the seller and the buyer agree on a longer period.
VII. WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE CONSUMER WITHIN THE FOURTEEN (14) DAYS
7.1. The buyer – consumer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the wishes of the buyer – consumer, perishable goods and goods that have been irretrievably mixed with other goods, and goods in a closed package, which the buyer – consumer removed from the package and for hygienic reasons it is not possible to return.
7.2. If this is not the case referred to in paragraph 7.1. GTC or another case where it is not possible to withdraw from the purchase contract, the buyer – consumer in accordance with the provisions of § 1829 of the Civil Code has the right to withdraw from the purchase contract, within fourteen (14) days from receipt of goods. In one contract, several types of goods or delivery of several parts are delivered, the period for withdrawal from the contract runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within fourteen (14) days from the date of receipt of the goods, to the address of the seller’s registered office.
7.3. In the event of withdrawal from the purchase contract pursuant to paragraph 7.2. The GTC cancel the purchase contract from the beginning. The goods must be returned to the seller within fourteen (14) days from the date of withdrawal from the contract. The buyer – the consumer is responsible for ensuring that the goods are returned to the seller in such a condition that their value will not be reduced as a result of handling the goods in a way other than necessary due to their nature and properties. If the buyer – consumer withdraws from the purchase contract, he bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
7.4. In the event of withdrawal from the purchase contract pursuant to paragraph 7.2. The seller shall return the GTC to the buyer – consumer without undue delay, but no later than fourteen (14) days from the withdrawal from the contract, all funds, including delivery costs received from the buyer – consumer. However, the seller is not obliged to return the received funds before the buyer – the consumer hands over (returns) the goods or proves that he sent the goods to the seller. The seller will return the funds to the buyer – consumer in the same way as received from the buyer – consumer, or in another way if the buyer – consumer agrees and if he does not incur additional costs.
7.5. Until the goods are taken over by the buyer – consumer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer – consumer without undue delay, in cash to the account specified by the buyer – consumer.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer has the right to out-of-court settlement of a consumer dispute. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: http: //www.coi.cz.
8.2. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.3. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.4. The seller is entitled to sell goods on the basis of a trade license. The control of business according to the Trade Licensing Act is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer acknowledges that the software and other components that make up the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the store.
8.6. The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
8.7. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.
8.8. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
IX. PROTECTION OF PERSONAL DATA
9.1 The 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 agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “personal data”).
9.3 The Buyer agrees 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 a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract. The buyer may revoke the granted consent to the processing of personal data at any time in writing, either by letter sent to the address of the seller’s registered office, or electronically to the seller’s e-mail address firstname.lastname@example.org
9.4 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 store) 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 authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6 Personal data will be processed indefinitely. 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 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 processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data is inaccurate with with regard to the purpose of their processing, may:
a) ask the seller or processor for an explanation,
(b) require the seller or processor to remedy the situation thus created.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
X. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time, either by letter sent to the seller’s address, or electronically to the e-mail address of the seller email@example.com.
11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing or in text form in accordance with the provisions of § 1819 of the Civil Code, by e-mail, in person or by registered mail (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account.
11.2. The message is delivered to the other party:
in the case of delivery by e-mail at the time of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,
in the case of delivery in person or through a postal service provider by taking over the consignment by the addressee,
in the case of delivery in person or through a postal service provider, also by refusing to accept the item, if the addressee (or the person authorized to accept the item on his behalf) refuses to accept the item,
in the case of delivery via the postal service provider after ten (10) days from the deposit of the item and giving the addressee an invitation to take over the deposited item, if the item is deposited with the postal service provider, even if the addressee did not learn about the deposit .
XII. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that such a relationship is governed by Czech law and is subject to the jurisdiction of the courts of the Czech Republic. This does not affect the rights of the buyer – consumer arising from generally binding legal regulations.
12.2. If any provision of the GTC is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions of the GTC.
12.3. The purchase contract, including the GTC, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
12.5. Seller’s contact details: delivery address Prague 9, Českomoravská 2420 / 15a, postal code 1190 93, e-mail address firstname.lastname@example.org telephone +420 777 971 811.
12.6. These GTC are effective from 1.8.2017
In Prague on August 1, 2017
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