Business conditions of Foxtron, s.r.o., ID: 29005870, VAT number: CZ29056870, se registered office at K sadu 754/2c, 182 00 Prague 8, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 163439 (hereinafter referred to as "Foxtron" or "seller") via the online store located at the internet address www.foxtron.cz/e-shop
INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions") of Foxtron s.r.o., with registered office at K Sadu 754/2C, 182 00 Prague identification number: 29056870, registered in the commercial register maintained by the Municipal Court in Prague, section C, entry 163439 (hereinafter referred to as the "seller") 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 of the contracting parties arising in connection with or on the basis of the purchase contract ( hereinafter referred to as "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "buyer") via the seller's online store. The online store is operated by the seller on a website located at internet address https://www. foxtron.cz/e-shop (hereinafter referred to as "web page"), through the website interface (hereinafter referred to as "web interface of the shop" ).
The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity a person or persons acting when ordering goods as part of their business activity or as part of their independent professional performance.
Stipulations deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in Czech or English.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
User Account
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"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.
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.
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.
The buyer is not authorized to allow third parties to use the user account.
The seller can cancel the user account, especially if the buyer has used his user account for more than 5 years does not use, or in the event that the buyer violates his obligations under the purchase contract (including business conditions).
The buyer acknowledges that the user account may not be available 24/7, especially with regard to necessary maintenance hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.
Conclusion of the purchase contract
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 § 1732, paragraph 2 of the Civil Code shall not apply.
The web interface of the store contains information about goods, including the prices of individual goods. 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.
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 only applies in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
Ordered goods (ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
The method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods and
Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order ").
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Confirm order" button. The data given in the order is considered correct by the seller.
Sending an order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer , the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.
The seller will immediately after receiving the order confirm this receipt to the buyer by e-mail, to the e-mail address of the buyer specified in user interface or in the order (hereinafter referred to as "buyer's electronic address").
The seller is always entitled depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs ) ask the buyer for additional confirmation of the order (for example in writing or by phone).
The draft purchase contract in the form of an order is valid for fifteen days.
The contractual relationship between the seller and the buyer is established by the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by electronic mail , to the e-mail address of the buyer.
In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer to the buyer's electronic address an amended an offer indicating possible variants of the order and requests the opinion of the buyer.
The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon acceptance by the buyer via electronic mail.
The buyer agrees to the use of remote communication means 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.
Product price and payment terms
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 at the seller's premises at Bezdrevská 539, 198 00 Prague;
cash on delivery at the place specified by the buyer in the order;
by cashless transfer to the seller's account No. 43-6724570217/0100, maintained at Komerční banka (hereinafter "seller account");
through credit provided by a third party.
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 1.30 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 1.19 ), to demand payment of the entire purchase price even before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue regarding payments made on the basis of the purchase contract to the buyer tax document - invoice. The seller is the payer of value added tax. Tax document – the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
Withdrawal from the purchase contract
The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:
on the delivery of goods, the price of which depends on fluctuations in the financial market, independent of the will of the seller, and which may occur during the deadline for withdrawal from the contract,
about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
on the delivery of goods that have been modified according to the wishes of the buyer or for his person
on the delivery of perishable goods, as well as goods that have been irretrievably mixed with another goods,
about the delivery of goods in closed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,< /span>
on the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
on the delivery of newspapers, periodicals or magazines,
on the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the buyer before the expiry period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract.
If it is not a case mentioned in Article 9 or another case where it is not possible to to withdraw, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, while in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's place of business or registered office. The provisions of Article 11 of these terms and conditions apply to the delivery of withdrawal from the contract.
In the case of withdrawal from the purchase contract according to Article 1.34 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer 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.
In case of withdrawal from the contract according to Article 1.34 of the terms and conditions, the seller will return the funds received from the buyer within fourteen ( 14) days from the withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.< /span>
Until the buyer takes over the goods, 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 without undue delay, without cash to the account designated by the buyer.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a release clause , that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the gift along with the goods to the seller.
Shipping and delivery
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.
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 goods upon delivery.
If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a different way than stated 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.
When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately . If the package is found to be damaged, indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
Rights from defective performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
The seller guarantees to the buyer that the goods have no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties that the seller or described by the manufacturer or expected by the buyer in view of the nature of the goods and based on their advertising,
the goods are suitable for the purpose for which the seller states their use or for which goods of this type are usually used ,
the quality or design of the goods corresponds to the contracted sample or original, if the quality or design was determined according to the contracted sample or templates,
is the goods in the corresponding quantity, measure or weight and
goods comply with legal requirements.
The provisions stated in Article 6 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, for the wear and tear of the goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, or if this results from the nature of the goods.
If a defect appears within six months of receipt, the goods are deemed to be defective already when taking over.
Rights from defective performance are exercised by the buyer at the seller at the address of his place of business, where the acceptance of the complaint is possible with regard to on the range of goods sold, possibly also at the headquarters or place of business. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods
In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
Out-of-court handling of consumer complaints is provided by the seller through an electronic address This e-mail address is being protected from spambots. You must have Javascript enabled to view it. . The seller will send information about handling the buyer's complaint to the buyer's email address.
The seller is authorized to sell goods on the basis of a trade license. The trade inspection 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 carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
Privacy Policy
The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on personal data protection, as amended.
The buyer agrees to the processing of his personal data: name and surname, residential address, identification number, tax identification number number, email address, and phone number. (hereinafter all together as "personal data").
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 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 acknowledges that he is obliged to provide his personal data (when registering, in his user account, when order made from the store's web interface) to state correctly and truthfully and that he is obliged to inform the seller without undue delay of a change in his personal data.
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.
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.
The buyer confirms that the personal data provided is accurate and that he has been informed that it is voluntary provision of personal data.
In the event that the buyer believes that the seller or processor (Article 1.60) is processing his of personal data that is contrary to the protection of the private and personal life of the buyer or contrary to the law, especially if the personal data is inaccurate with regard to the purpose of their processing, may:
ask the seller or processor for an explanation,
demand that the seller or the processor remove the state thus created.
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 for the provision of information according to the previous sentence, not exceeding the costs necessary to provide the information.
Sending commercial messages and storing cookies
The buyer agrees to send information related to the seller's goods, services or business to the buyer's email address and further agrees by sending business messages by the seller to the buyer's email address.
The buyer agrees to save so-called cookies on his computer. If 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.
E-waste
As of 14 August 2005, the amendment to Act No. 185/2001 Coll. on Waste obliges manufacturers and importers of electrical equipment to set up a system to ensure and finance the take-back, processing and environmentally sound disposal of electrical equipment.
For the purposes of the Act it means:
a) electrical or electronic equipment (hereinafter referred to as electrical equipment) - equipment the function of which depends on an electric current or an electromagnetic field, or equipment for the generation, transmission and measurement of an electric current or an electromagnetic field, which belongs to one of the groups listed in Annex 7 to this Act and which is intended for use at a voltage not exceeding 1000 V for alternating current and 1500 V for direct current, with the exception of equipment intended exclusively for national defence purposes.
b) electrical waste - electrical equipment that has become waste, including components, components and consumable parts that are part of the equipment at that time.
c) re-use - the use of returned electrical equipment or electrical equipment that has become waste or components of such electrical equipment without further reprocessing for the same purpose for which it was originally intended.
d) treatment of e-waste - any operation carried out after the receipt of e-waste at an e-waste treatment facility for the purpose of decontamination, dismantling, shredding, recovery or preparation for disposal, or any other activity carried out with a view to the recovery or disposal of e-waste.
e) producer - a natural or legal person authorised to conduct business, regardless of the method of sale, including the use of means of distance communication.
• manufactures and sells electrical equipment under its own brand, or
• sells, under his own brand, electrical equipment manufactured by other suppliers, unless the name or business name of the person referred to in point 1 appears on the equipment; or
• in the course of its business activity, imports electrical equipment into the Czech Republic or places such electrical equipment on the market in the Czech Republic
f) household electrical equipment - used electrical equipment originating from households or similar in nature and quantity to electrical waste from legal persons and natural persons authorised to do business.
g) take-back of electrical equipment - the collection of used electrical equipment from households from consumers without payment at a place designated by the manufacturer.
h) separate collection of e-waste - collection of used non-household electrical equipment from end users at a place designated by the manufacturer.
Delivery
Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail letter, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the other party's applicable contact address and shall be deemed to have been delivered and effective upon delivery by mail, except for notices of withdrawal made by the buyer, in which case the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.
A notification whose acceptance was refused by the addressee, which was not picked up during the storage period, is also considered delivered, or which returned as undeliverable.
The contracting parties can deliver regular correspondence to each other via e-mail, to the e-mail address specified in the user account of the buyer or specified by the buyer in the order, or to the address listed on the seller's website.
Final Provisions
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech by right. This does not affect consumer rights resulting from generally binding legal regulations.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provisions shall be replaced by the , whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
- In the event of a dispute between the consumer and the seller, the consumer can also use the option of
out-of-court settlement of the dispute. In such a case, the consumer can contact the subject
of out-of-court dispute resolution, which is the Czech Trade Inspection (http://www.coi.cz )
and proceed according to the rules stated there. More information about out-of-court dispute resolution can
also be found on the website of the Czech Trade Inspection. It is also
possible to start an alternative dispute resolution via the online form at https://webgate.ec.europa. eu/odr/.
Seller contact details: delivery address Bezdrevská 539, 198 00 Prague, e-mail address
In Prague, 01.08.2022