Terms of service
TERMS AND CONDITIONS
for the sale of goods through the e-shop located at the website
1. RECITALS
1.1. In accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), these Terms and Conditions (hereinafter the “Terms and Conditions”) of amagama s.r.o., with its registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1, Id. No.: 015 98 341, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 209011 (hereinafter the “Seller”), provide for the mutual rights and obligations of the Parties arising in relation to or on the basis of a purchase contract (hereinafter the “Purchase Contract”) entered into by and between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s e-shop. The Seller operates the e-shop on a website at (hereinafter the “Website”) via a website interface (hereinafter the “E-shop Interface”).
1.2. These Terms and Conditions do not apply to cases where a person who intends to purchase the goods from the Seller is a legal entity or person acting within the framework of a business activity or profession when ordering the goods.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of each Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the English language. The Purchase Contract may be executed in the English language.
1.5. The Seller may change and/or supplement the wording of the Terms and Conditions. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous versions of the Terms and Conditions.
2. EXECUTION OF THE PURCHASE CONTRACT
2.1. Any presentation of goods shown in the E-shop Interface is indicative only and the Seller is not obliged to enter into any Purchase Contract concerning the goods. Section 1732 (2) of the Civil Code will not apply.
2.2. The E-shop Interface contains information on the goods, including the prices of individual goods and the costs of returning the goods if they cannot be returned by regular mail due to their nature. The prices of goods are inclusive of value added tax and all related fees, but not inclusive of import tax (if any). The prices of goods remain valid as long as they are displayed in the E-shop Interface. The prices of goods are not adjusted to the Buyer based on automated decision-making. This provision does in no way limit the Seller’s option to enter into a Purchase Contract under terms and conditions agreed individually.
2.3. The E-shop Interface also contains information on the costs associated with the packaging and delivery of goods and the manner and time of delivery of the goods.
2.4. To place a purchase order, the Buyer shall fill in the order form in the E-shop Interface. The order form includes, in particular, information on:
2.4.1. the goods ordered (the Buyer “places” the ordered goods in the electronic shopping cart in the E-shop Interface);
2.4.2. the manner of payment of the purchase price of the goods and information on the requested manner of delivery of the goods being ordered, and
2.4.3. information on the costs related to delivery of goods (hereinafter collectively as the “Purchase Order”).
2.5. Before a Purchase Order is sent to the Seller, the Buyer can check and modify the input data that they specified in the order, with a view to allowing them to determine and correct any mistakes made when filling in the order. The Buyer sends the purchase order to the Seller by clicking the confirmation button. The Seller deems that the data provided in the Purchase Order are accurate. The Seller shall confirm the receipt of the Purchase Order without delay after receiving it, by sending an e-mail to the Buyer’s e-mail address indicated on the Buyer’s account or in the Purchase Order (hereinafter the “Buyer’s e-mail address”).
2.6. Depending on the nature of the Purchase Order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller may at any time ask the Buyer to subsequently confirm the Purchase Order (e.g. in writing or by telephone).
2.7. The contractual relationship between the Seller and the Buyer arises upon delivery of acknowledgement of receipt of the Purchase Order (acceptance), sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
2.8. The Buyer agrees with the use of means of distance communication in execution of the Purchase Contract. Any costs incurred by the Buyer in the use of means of distance communication in relation to execution of the Purchase Contract (costs of internet connection, telephone charges) will be borne by the Buyer; these costs do not differ from
the basic rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The Buyer may pay the price of the goods and any costs related to the delivery of the goods under the Purchase Contract to the Seller by a payment card.
3.2. Together with the purchase price, the Buyer must also pay to the Seller the agreed amount of costs related to the packaging and delivery of goods. Unless expressly stated otherwise, the term “purchase price” hereinafter also includes the costs related to the delivery of goods.
3.3. The Seller does not require an advance or any similar payment from the Buyer. This shall in no way prejudice Art. 3.5 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. The purchase price is payable within seven (7) days of the date of the Purchase Contract. The Buyer’s obligation to pay the purchase price is deemed performed as soon as the Seller’s account is credited with the relevant amount.
3.5. The Seller may require that the entire purchase price be paid before the goods are dispatched to the Buyer, especially if the Purchase Order is not sufficiently confirmed by the Buyer (Art. 2.6). Section 2119 (1) of the Civil Code will not apply.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods in sealed packaging that cannot be returned after the Buyer has broken the packaging, for reasons of protection of health or for hygienic reasons.
4.2. Except in the case referred to in Art. 4.1 of the Terms and Conditions or any other case in which it is not possible to withdraw from the Purchase Contract, the Buyer may, in accordance with Section 1829 (1) and (2) of the Civil Code, withdraw from the Purchase Contract within fourteen (14) days of the date on which the Buyer or a third party other than the carrier takes over the goods, or takes over:
4.2.1. the last item of the goods if the Buyer orders several items of the goods within a single Purchase Order which are supplied separately;
4.2.2. the last item or part of the supply of goods consisting of several items or parts; or
4.2.3. the first delivery of goods if the contract stipulates regular deliveries of goods for an agreed period of time.
4.3. Withdrawal from the Purchase Contract must be sent to the Seller within the deadline set out in Art. 4.2 of the Terms and Conditions. The Buyer may use the form provided by the Seller, which forms an annex to the Terms and Conditions, to withdraw from the Purchase Contract. The Buyer may send the notice of withdrawal from the Purchase Contract to, among others, the address of the Sellers establishment, or to the Seller’s e-mail address .
4.4. In the event of withdrawal from the Purchase Contract, the Purchase Contract is deemed terminated from the outset. The Buyer shall send or hand the goods back to the Seller without undue delay, but not later than within fourteen (14) days of the withdrawal from the contract, unless the Seller has offered to collect the goods in person. The deadline pursuant to the preceding sentence is met if the Buyer sends the goods before expiry of said deadline. If the Buyer withdraws from the Purchase Contract, the Buyer will bear the costs related to returning the goods to the Seller (to the following address:
1. května 176/73, 725 25 Ostrava 25, Czech Republic), even if the goods cannot be returned by regular mail due to their nature.
4.5. In the case of withdrawal from the Purchase Contract pursuant to Art. 4.2 hereof, the Seller shall refund the financial means received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer; the Seller shall do so by the same means by which the Seller received the funds from the Buyer. The Seller may also refund any performance provided by the Buyer when the goods are returned by the Buyer or otherwise if the Buyer agrees and incurs no additional costs in this way. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Seller receives the goods or before the Buyer proves to the Seller that the goods have been sent back, whichever occurs earlier.
4.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, the Seller may also withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In that case, the Seller shall refund the purchase price to the Buyer without undue delay, by wire transfer into an account indicated by the Buyer.
5. DELIVERY OF THE GOODS
5.1. Upon takeover of the goods, the Buyer must check that the packaging of the goods is intact and notify the carrier of any shortcomings without delay. The Buyer is not obliged to take the shipment over from the carrier if any damage to the packaging is ascertained and such damage indicates that the shipment has been tampered with. This shall in no way prejudice the Buyer’s rights following from liability for defects of the goods and other rights of the Buyer following from the generally binding legal regulations.
6. RIGHTS BASED ON DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the Parties in respect of any defective performance are governed by the applicable generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code, and by Act No. 634/1992 Coll., on consumer protection, as amended).
6.2. The Seller warrants to the Buyer that the item is free of defects upon takeover. In particular, the Seller warrants to the Buyer that the item:
6.2.1. corresponds to the agreed description, type and quantity, as well as the quality, functionality, compatibility, interoperability and other agreed properties;
6.2.2. is suitable for the purpose for which the Buyer requests the item and to which the Seller has agreed; and
6.2.3. is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.
6.3. The Seller warrants to the Buyer that, in addition to the agreed properties:
6.3.1. the item is suitable for the purpose for which an item of this kind is usually used, also with regard to third-party rights, legal regulations, technical standards or codes of conduct in the given sector, if there are no technical standards;
6.3.2. the quantity, quality and other properties of the item, including its durability, functionality, compatibility and safety, correspond to the usual properties of items. of the same kind that the Buyer can reasonably expect, also with regard to public declarations of the Seller or another person in the same contractual chain made, in particular, through advertising or description of the goods, unless the Seller proves that it was not aware of such declaration or that said declaration was modified at least in a comparable manner in which it was made at the time of execution of the Purchase Contract or that it could not affect the decision to purchase the goods;
6.3.3. the item is delivered with accessories, including packaging, installation instructions and other instructions for use that the Buyer can reasonably expect; and
6.3.4. the quality or design of the item corresponds to that of a sample or model provided by the Seller to the Buyer prior to the execution of the Purchase Contract.
6.4. The provisions of Art. 6.3 of the Terms and Conditions will not apply if, prior to execution of the Purchase Contract, the Seller specifically advised the Buyer that certain properties of the item do not comply with the above and the Buyer expressly agreed to this when executing the Purchase Contract.
6.5. If a defect manifests itself within one year of takeover, the item is presumed to have already been defective upon takeover, unless excluded by the nature of the item or the defect. This period will not run for a period during which the buyer is unable to use the item if the Buyer justifiably claimed the defect.
6.6. The Buyer may claim a defect that manifests itself in the item within two years of takeover.
6.7. If an item is defective, the Buyer may request that the defect be remedied. The Buyer may at their own discretion require the supply of a new item without a defect or repair of the defective item, unless the chosen manner of remedying the defect is impossible or unreasonably costly compared to the other; this will be assessed in particular with regard to the significance of the defect, the value that the item would have if it was free of defects, and whether the defect can be removed in the alternative manner without significant inconvenience to the Buyer. The Seller may refuse to remove a defect
if it is impossible or unreasonably costly, in particular with regard to the significance of the defect and the value that the item would have it was free of defects.
6.8. The Seller shall remedy the defect within a reasonable time after it has been claimed so as not to cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased it. In order to remedy the defect, the Seller shall take over the item at its own expenses.
6.9. The Buyer may request a reasonable discount or withdraw from the Purchase Contract if:
6.9.1. the Seller refused to remedy the defect or failed to remedy it in accordance with Art. 6.8 of the Terms and Conditions;
6.9.2. the defect manifests itself repeatedly;
6.9.3. the defect constitutes a material breach of the Purchase Contract; or
6.9.4. it is clear from the Seller’s representations or circumstances that the defect will not
be removed within a reasonable period of time or without significant difficulties for the Buyer.
6.10. If a defect of the item is insignificant, the Buyer may not withdraw from the Purchase Contract (within the meaning of Art. 6.9 of the Terms and Conditions); a defect of the item is considered not to be insignificant. If the Buyer withdraws from the Purchase Contract, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves to the Seller that the item has been dispatched.
6.11. A defect may be pointed out to the Seller from whom the item was purchased. However, if another person closer to the Seller’s or the Buyer’s premises is designated to carry out the repair, the Buyer will point out the defect to the person who is designated to carry out the repair.
6.12. With the exception of cases where another person is designated to carry out the repair, the Seller is obliged to accept a complaint on any business premises where complaints can be accepted with regard to the assortment of the goods sold or services provided, or at its registered office, if applicable. If the Buyer raises a complaint, the Seller is obliged to issue to the Buyer a written confirmation, specifying the date when the Buyer raised the complaint, its contents, the manner of resolving the complaint requested by the Buyer and the Buyer’s contact details for the purposes of providing information on the resolution of the complaint. This duty also applies to other persons designated to carry out the repair.
6.13. The complaint, including removal of the defect, must be resolved and the Buyer must be informed of this fact not later than within thirty (30) days of the date of the complaint unless the Seller and the Buyer agree on a longer period of time.
6.14. After expiry of the deadline to no effect pursuant to Art. 6.13 of the Terms and Conditions, the Buyer may withdraw from the Purchase Contract or request a reasonable discount.
6.15. The Seller is obliged to issue to the Buyer a confirmation of the date and manner of resolving the complaint, including confirmation of the performance of the repair and its duration, as well as written justification for rejecting the complaint, if appropriate. This duty also applies to other persons designated to carry out the repair.
6.16. Specifically, the Buyer may exercise the rights following from liability for defects of the goods especially by post at
1. května 176/73, 725 25 Ostrava – Polanka, Czech Republic or by e-mail at the following address: shop@gtowizard.com
6.17. A person who has a right arising from defective performance is also entitled to reimbursement of the costs purposefully expended in exercising this right. However, if the Buyer fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, a court shall not grant that right if the Seller invokes late assertion of the right to compensation.
6.18. The Seller or another person may also provide the Buyer with a quality warranty beyond the scope of the Buyer’s statutory rights arising from defective performance.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer acquires the ownership title to the goods upon payment of the full purchase price.
7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820 (1)(n) of the Civil Code.
7.3. The Seller shall address consumer complaints by e-mail. Complaints may be sent to the Seller’s e-mail address. The Seller shall send information on the manner of addressing any Buyer’s complaint to the Buyer’s e-mail address. The Seller does not stipulate any other rules for addressing complaints.
7.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2,
Id. No.: 000 20 869, web address: https://adr.coi.cz/cs shall have jurisdiction over out-of-court settlement of consumer disputes under the Purchase Contract. To resolve any consumer disputes between the Seller and the Buyer, the online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used.
7.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website URL: http://www.evropskyspotrebitel.cz is an ODR contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
7.6. The Buyer may file a complaint with a supervisory authority or a governmental supervisory authority. The Seller is authorised to sell goods on the basis of a trade licence. The operation of trade is controlled by the competent trade authority within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, to the specified extent, the compliance with the Civil Code and with Act No. 634/1992 Coll., on consumer protection, as amended.
8. PERSONAL DATA PROTECTION
8.1. The Seller fulfils his notification obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR”) related to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Contract, for the purpose of negotiations regarding Purchase Contract and for the purpose of fulfilment of public-
law duties by means of a special document.
9. SENDING COMMERCIAL COMMUNICATIONS
9.1. In the sense of Section 7 (2) of Act No. 480/2004 Coll., on certain services of the information society and on amendment to certain laws (Certain Services of Information Society Act), as amended, the Buyer agrees that commercial communications may be sent by the Seller to the Buyer’s e-mail address or telephone number. The Seller performs their
information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purposes of sending commercial communications by means of a special document.
10. DELIVERY OF DOCUMENTS
10.1. Any notices and documents hereunder may be delivered to the Buyer’s e-mail address.
11. FINAL PROVISIONS
11.1. Where the relationship established by the Purchase Contract comprises an international (foreign) element, the Parties hereby agree that their relationship shall be governed by the Czech laws. If the Buyer is in the position of consumer, the choice of law pursuant to the previous sentence shall not deprive the Customer of his/her protection afforded to the Customer by legal provisions that cannot be derogated from by a contract and that would otherwise apply in the absence of the choice of law pursuant to Art. 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. The Seller will archive each Purchase Contract, including the Terms and Conditions, in electronic form, and the Contract is not accessible.
11.3. Annexed to these Terms and Conditions is the specimen form of withdrawal from a Purchase Contract.
11.4. The Seller’s contact details: shop@gtowizard.com. The Seller does not provide any other means of on-line communication.
In Prague on amagama s.r.o.