GENERAL TERMS AND CONDITIONS
trading company Moskito, spol. s.r.o.,
for the sale of goods through the online store located at the Internet address
I. BASIC PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as “GTC”) regulate mutual rights and obligations between Moskito, spol. s.r.o., with registered office in Prague 9, Českomoravská 2420/15a, ZIP Code 190 93 ID: 06021956, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 273381, as the seller on one side (hereinafter referred to as the “seller”) and by the buyer on the other side (hereinafter referred to as the “buyer”) arising on the basis of a purchase agreement (hereinafter referred to as the “purchase agreement”) concluded between the contracting parties through the online store operated by the seller on the website located at the Internet address www.moskito.cz
1.2. (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as 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, concludes a contract with an entrepreneur or otherwise deals with him (hereinafter referred to as “buyer – consumer”). An entrepreneur is considered to be a person who independently performs a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, an entrepreneur is also considered to be any person who concludes contracts related to their own business, production or similar activity or in the independent performance of their profession, or a person who acts on behalf of or on behalf of an entrepreneur. For the purposes of these GTC, an entrepreneur is a person who enters into a purchase agreement as part of his business activity (hereinafter referred to as “buyer – entrepreneur”). If the buyer states his identification number in the order, he acknowledges that the rules set forth in these GTC for entrepreneurs apply to him.
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 legal order of the Czech Republic. If the buyer is a consumer, 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, relations not regulated by these GTC are governed by the Civil Code.
1.5. Provisions deviating from the General Terms and Conditions can be negotiated 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 GTC are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.
1.7. The seller can change or supplement the wording of the GTC. The updated version of the GTC will be published on the seller’s website www.moskito.cz
1.8. and is binding for the buyer for every other order of goods made after the publication of the updated version of the General Terms and Conditions.
II. USER ACCOUNT
2.1. Based on the buyer’s registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as “user account”). The buyer can also order goods without registration directly from the store’s web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case 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 confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer’s breach of this obligation.
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 himself is bound by such action, unless he proves otherwise.
2.5. The seller can cancel the user account in the event that the buyer violates his obligations under the purchase agreement (T&C).
2.6. 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 equipment, or necessary maintenance of hardware and software equipment of third parties.
III. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 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 the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the 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 out the order form in the web interface of the store. The order form mainly contains information about:
a) ordered goods (the ordered goods are “put” by the buyer into the electronic shopping basket of the store’s web interface);
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 the goods (hereinafter referred to collectively as the “order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking 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. 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).
3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. Simultaneously with the written confirmation of acceptance of the order, the seller sends the buyer a text copy of the current version of the General Terms and Conditions.
3.8. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract.
3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
IV. PAYMENT TERMS – PAYMENT OF THE PURCHASE PRICE OF THE GOODS AND THE COSTS OF ITS DELIVERY
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
in cash when taking over the goods at the seller’s headquarters or warehouse;
in cash on delivery at the place specified by the buyer in the order (in the case of delivery of the goods via a carrier);
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. The shipping price is listed in the current shipping price list, which forms an appendix to the General Terms and Conditions 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 they are sent 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 the goods provided by the seller to the buyer cannot be combined with each other in the event that the conditions of the discount event do not so stipulate.
4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue a tax document to the buyer regarding payments made on the basis of the purchase contract. The seller is not a VAT payer. 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 acceptance of the goods by the buyer.
V. TRANSPORTATION AND DELIVERY OF GOODS
5.1. The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that 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 period for the 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 acceptance of the goods, including the documents handed over together with the goods, by his signature on the relevant document on the acceptance of the goods. If the buyer does not take over the goods upon delivery, the seller is entitled to the payment of the costs of its storage and the costs of the useless delivery of the goods. If the buyer does not take delivery of the goods even after another attempt to deliver them, the seller is entitled to withdraw from the purchase contract.
5.4. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
5.5. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
5.6. The risk of damage to the goods passes from the seller to the buyer upon acceptance of the goods.
VI. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations.
6.2. The seller is responsible to the buyer that the delivered goods have no defects, i.e. that the goods are handed over to the buyer in the agreed quantity, quality and design. If the goods do not have these characteristics, they are defective. The performance of another item and defects in the documents for the use of the item are also considered a defect.
6.3. The buyer – 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 becomes apparent only later. The buyer’s right is also established by a defect that arose later and was caused by the seller. The buyer – consumer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four (24) months of receipt; this does not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if it follows from the nature of the goods.
6.4. If a defect in the goods constitutes a material breach of the purchase contract, the buyer has the right to:
a) to remove a defect by delivering a new item without a defect or by supplying a missing item;
b) to remove the defect by repairing the item;
c) for a reasonable discount from the purchase price; or
d) withdraw from the purchase contract.
The buyer is obliged to inform the seller of the right he has chosen, upon notification of a defect, or without undue delay after notification of a defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand 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 same rights as in the case of an insignificant breach of contract according to paragraph 6.6. GTC
6.5. If the defect in the goods represents a minor breach of the purchase contract, the buyer has the right to have the defect removed, or to a reasonable discount from the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer. If the seller does not remove the item’s defect in time or refuses to remove the item’s defect, the buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.
6.6. Beyond the scope of responsibility specified in paragraph 6.2. According to the GTC, the seller is responsible to the buyer – consumer for the fact that the goods at the time the buyer took them over:
a) has the properties agreed upon by the parties and, in the absence of an agreement, has such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them;
b) is suitable for the purpose for which the seller states for its use or for which goods of this type are usually used;
c) the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model;
d) is in the corresponding quantity, measure or weight and
e) meets the requirements of legal regulations.
If a defect becomes apparent within six (6) months of taking over the goods, it is considered that the goods were already defective when the buyer – consumer took them over.
6.7. If the goods do not have the characteristics specified in paragraph 6.6. GTC, the buyer-consumer can also request the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer can only request the replacement of the part; if this is not possible, the buyer can withdraw from the purchase contract. However, if this 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 remove the defect free of charge. The buyer-consumer has the right to deliver a new item or replace a part even in the case of a removable defect, if he cannot use the item properly due to the repeated occurrence of defects after repair or due to a larger number of defects. In such a case, the buyer – 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 can demand a reasonable discount. The buyer-consumer has the right 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 in the event that the seller does not remedy the situation in a reasonable time or if the remedy would affect the buyer-consumer considerable difficulties.
6.9. The seller is not obliged to satisfy the claim of the buyer-consumer due to defective performance, if the buyer knew before concluding the purchase contract that the item had a defect, or if the buyer-consumer himself caused the defect.
6.10. Rights from defective performance are exercised by the buyer in writing at the seller’s registered office. Along with exercising the right from defective performance, the buyer is obliged to deliver the defective goods to the seller. The buyer is entitled to the expenditure of costs purposefully incurred in exercising the right from defective performance against the seller; however, this claim must be made with the seller within one (1) month after the expiry of the period in which the defect must be pointed out.
6.11. The complaint, including the removal of the defect, must be dealt with without undue delay, no later than thirty (30) days from the date of application of the complaint, unless the seller and the buyer agree on a longer period.
VII. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE CONSUMER WITHIN 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 supply of goods modified according to the wishes of the buyer-consumer, goods that are subject to rapid deterioration, as well as goods that after delivery have been irreversibly mixed with other goods, and goods in closed packaging that the buyer – consumer removed from the packaging and cannot be returned for hygienic reasons.
7.2. If this is not the case mentioned in paragraph 7.1. General Terms and Conditions or other cases where it is not possible to withdraw from the purchase contract, the buyer – consumer has the right to withdraw from the purchase contract in accordance with § 1829 of the Civil Code within fourteen (14) days from the day of receipt of the goods, and if on the basis of If several types of goods or several parts are delivered under one contract, the period for withdrawal from the contract runs from the date of acceptance 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 case of withdrawal from the purchase contract according to paragraph 7.2. GTC, the purchase contract is canceled 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-consumer is responsible for ensuring that the goods are returned to the seller in such a condition that their value is not reduced as a result of handling the goods in a way other than what is necessary to handle them with regard to their nature and characteristics. If the buyer – consumer withdraws from the purchase contract, he bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
7.4. In case of withdrawal from the purchase contract according to paragraph 7.2. GTC, the seller will return to the buyer-consumer without undue delay, but no later than fourteen (14) days after 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-consumer hands over (returns) the goods to him or proves that he has sent the goods to the seller. The seller will return the funds to the buyer-consumer in the same way as he received them from the buyer-consumer, or in another way if the buyer-consumer agrees and if no additional costs are incurred.
7.5. The seller is entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer – consumer. In such a case, the seller will return the purchase price to the buyer-consumer without undue delay, without 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 an out-of-court settlement of a consumer dispute. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 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 paragraph 1 letter e) of the Civil Code.
8.4. The seller is authorized to sell goods on the basis of a trade license. Business control according to the Trade Act is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The buyer acknowledges that the software and other components making up the store’s web interface (including photos of the offered goods) 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 making up the web interface of the store.
8.6. When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not infringe on the rights of other customers of the seller and that is in accordance with its purpose.
8.7. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties 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 in circumstances within the meaning 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 his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as “personal data”).
9.3 The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes 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 messages to the buyer. Consent to the processing of personal data in its entirety 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 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 provide his personal data (when registering, 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 of any change in his personal data without undue delay.
9.5 The seller can entrust the processing of the buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties 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 the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer’s private and personal life or in violation of the 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) demand that the seller or the processor remove the condition thus created.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
X. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees to send information related to the seller’s goods, services or company to the buyer’s e-mail address and further agrees to the seller’s sending commercial messages to the buyer’s e-mail address.
10.2. The buyer agrees to save so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller’s obligations from the purchase contract without so-called cookies being stored on the buyer’s computer, the buyer can revoke the consent according to the previous sentence at any time, either by letter sent to the address of the seller’s registered office, or electronically to the seller’s e-mail address email@example.com.
11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing or in text form in accordance with the provisions of § 1819 of the Civil Code, by electronic mail, in person or by registered mail through a postal service operator (at the sender’s choice). The buyer is delivered to the e-mail address specified in his user account.
11.2. The message is delivered to the other contracting party:
in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,
in the case of delivery in person or through a postal service operator, by receiving the parcel by the addressee,
in the case of delivery in person or through a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel,
in the case of delivery via a postal service operator after the expiration of a period of ten (10) days from the date of depositing the parcel and giving the addressee a call to take over the deposited parcel, if the parcel is deposited with the postal service operator, 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 relationship is governed by Czech law and subject to the jurisdiction of the courts of the Czech Republic. This does not affect the rights of the buyer – consumer resulting from generally binding legal regulations.
12.2. If any provision of the GTC is invalid or ineffective, or becomes so, 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 GTC, is archived by the seller in electronic form and is not accessible.
12.4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
12.5. Seller’s contact details: delivery address Prague 9, Českomoravská 2420/15a, zip code 1190 93, e-mail address firstname.lastname@example.org telephone +420 777 971 811.
12.6. These GTC are effective from 1 August 2017
In Prague on August 1, 2017