These general Terms and Conditions (hereinafter referred to as “Terms and Conditions”) are issued according to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (referred to as “Civil Code”)
SLAMKA CONSULTING, s.r.o. ID: 25846906 VAT NR: CZ25846906 with registered office: Chelčického 10, 702 00, Ostrava.
contact: email: info@slamka.cz phone: 737 129 976 www.slamka.cz (referred to as “Seller”)**
I. BASIC PROVISIONS
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These terms and conditions modify mutual rights and obligations of the seller and natural person concluding a purchase contract outside of business activity as a consumer or in the course of their business activities (hereinafter referred to as ” the buyer”) via web interface located on the website available at http://www.perfect-air.cz/ (hereinafter referred to as „the seller“).
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Provisions of terms and conditions are an integral part of a purchase contract. Differing arrangements in purchase contract take precedence over provisions of these terms and conditions.
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These terms and conditions and purchase contract are concluded in a Czech language.
II. INFORMATION ABOUT GOODS AND PRICES
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Information about goods including prices of individual goods and its main characteristics is provided on website of the seller. Prices of the goods are inclusive of value added tax and all related charges and return costs, if, by its nature, the goods can not be returned by the usual postal route. Prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude concluding purchase contract under individually negotiated conditions.
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All presentation of the goods in the online store catalogue is of an informative nature and the seller is not obliged to conclude purchase contract regarding these goods.
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In the online store is published all information regarding packing and delivering the goods. Information on the costs associated with packing delivering listed in the online store is valid only in cases when the goods are delivered within territory of the Czech Republic.
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Any discounts from the purchase price can not be combined, unless the seller and the buyer agree otherwise.
III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
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The costs incurred by the buyer when using means of distance communication in order to conclude the purchase contract (costs of internet connection, phone calls) are borne by the buyer. These costs do not differ from the basic rate.
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The buyer makes an order by filling out an order form without any registration.
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When placing an order, the buyer chooses the goods, number of pieces and method of payment.
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Before sending the order, the buyer is allowed to check and change the data they entered into the order. The buyer sends the order by clicking the button “SUBMIT THE ORDER” The seller considers the data specified in the order as correct. The condition for validity of the order is completing all mandatory data in the order form confirming that the buyer has become acquainted with these terms and conditions.
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Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order. The confirmation is sent to an e-mail address entered in the order by the buyer. This confirmation is automatic and is not considered to be a conclusion of the contract. Valid terms and conditions of the seller are attached to the confirmation. Purchase contract is concluded by accepting the order by the seller. Notice of accepted order is delivered to an e-mail address of the buyer.
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In case the seller can not meet any of the requirements specified in the order, the seller sends the buyer modified offer to an e-mail address. Modified offer is considered to be a new proposal for purchase contract and in such case the purchase contract is concluded by the byuer confirming acceptance of this offer by seding e-mail to the seller specified in these terms and conditions.
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All orders accepted by the seller are binding. The buyer may cancel the order until the buyer is not notified of the acceptance by the seller. The buyer may cancel the order by phone or via e-mail of the seller specified in these terms and conditions.
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In case there was an obvious technical error on the part of the seller when stating the price in the online store or during ordering process, the seller is not obliged to deliver the goods at this obviously erroneus price, not even if the buyer was notified by automatic confirmation of receipt of the order under these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer modified offer to an e-mail address. Modified offer is considered to be a new proposal for purchase contract and in such case the purchase contract is concluded by the byuer confirming acceptance of this offer by seding e-mail to the seller.
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No customer rights are applied to the gifts which are provided free of charge. Such goods meet the conditions of the Donation agreement and all standards according to the valid legislation of the Czech Republic.
IV. CUSTOMER ACCOUNT
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Buyer makes orders for goods without registration and without any customer account.
V. PAYMENT TERMS AND DELIVERY OF GOODS
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The price of the goods and any costs associated with delivering the goods under the purchase contract shall be paid by the buyer by wire transfer to the seller’s bank account – no. 374193783/ 0300 registered with Československá obchodní banka.
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Together with purchase price the buyer is obliged to pay the seller costs associated with packing and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivering the goods.
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In case of cashless payment the purchase price is payable within 14 days of the conclusion of the purchase contract.
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The goods will be shipped immediately after payment of the invoice.
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According to the act of registration of sales, the seller is obliged to issue a receipt. At the same time the seller is obliged to register the received sales with the tax administration online, in the event of technical outage, within 48 hours at the latest.
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The goods is delivered to the buyer to an address specified in the order.
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The costs of delivery of the goods depending on the way of shipping and receipt of the goods are specified in the order and in the order confirmation by the seller. In case the mode of transport is agreed 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.
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If the seller is obliged, under the purchase contract, 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. In case that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, resp. costs associated with different way of delivery.
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Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and in case of any defects immediately notify the carrier. If the packaging is damaged indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.
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The seller issues a tax document – invoice. Tax document is sent to an e-mail of the buyer, or the tax document is attached to the delivered package.
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The buyer acquires ownership of the goods by paying full purchase price for the goods, including delivery costs, the soonest by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods, or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VI. WITHDRAWAL FROM THE CONTRACT
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Buyer who has concluded purchase contract outside business activities as a consumer has the right to withdraw from the purchase contract.
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The withdrawal period is 14 days – from the date of receipt of the goods, – from the date of receipt of the last delivery of goods, if the subject of the contract is number of types of goods or delivery of several parts, – from the date of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
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The buyer may not, besides other things, withdraw from the purchase contract: – the provision of services if they were fulfilled with his prior explicit consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract, that in such case he has no right to withdraw from the contract, – the supply of goods or services, the price of which depends on financial market fluctuations independent of the seller’s will and which may occur during the withdrawal period, – the supply of goods that have been modified according to the buyer’s wishes or for his person, – goods that have been irreversibly mixed with other goods after delivery, – the delivery of goods in a sealed package that the buyer has removed from the packaging and cannot be returned for hygienic reasons, – the delivery of an audio or video recording or a computer program if it has broken their original packaging, – the supply of digital content, if it was not delivered on a tangible medium and was delivered with the prior explicit consent of the buyer before the expiration of the withdrawal period and the seller before the conclusion of the contract informed the buyer that in such case he has no right to withdraw from the contract, – in other cases specified in § 1837 of the Civil Code.
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In order to comply with the withdrawal period, the buyer must send statement of withdrawal within the withdrawal period.
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Instructions for withdrawal from the contract can be found in the section “Important documents – withdrawal from the contract”.
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The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
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If the buyer withdraws from the contract, the seller shall return to the buyer, without undue delay, but no later than 14 days after withdrawal from the contract, if the goods have not yet been delivered, all funds, including delivery costs, received from the buyer. If the goods have been delivered, the seller will return all funds immediately after receipt of returned goods, but no later than 14 days after withdrawal from the contract. The seller will return the received funds to the buyer in another way, only if the buyer agrees to it and if by that the buyer is not charged any other costs.
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In case the buyer has chosen any other way of delivery than the cheapest one offered by the seller, the seller will return to the buyer the cost of delivery in the amount corresponding to the cheapest offered way of delivery.
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If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds any sooner than the buyer hands over the goods or proves that the goods were shipped to the seller.
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The goods must be returned by the buyer undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage on the goods against the buyer’s claim for a refund of the purchase price.
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The seller is entitled to withdraw from the purchase contract due to the sale of the stock, unavailability of the goods or when the producer or supplier of the goods has interrupted the production or import. The seller immediately informs the buyer to e-mail specified in the order and returns within 14 days of the notification of withdrawal from the purchase contract all funds, including delivery costs, received from the buyer on the basis of the contract, in the same way or in the manner specified by the buyer.
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By purchasing the station and connecting it to the network, the buyer agrees to provide the measured data on air quality and location of the station to Slamka Consulting s.r.o. for the purpose of processing and creating pollution map that will be freely accessible to the public.
VII. RIGHTS FROM DEFFECTIVE PERFORMANCE
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The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that, at the time when the buyer took over the goods: – the goods have the properties the parties have agreed upon and, in the absence of an arrangement, have such properties that the seller or the manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of advertising, – the goods are suitable for the purpose stated by the seller or for which goods of this kind are usually used, – the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template, – the goods are in the appropriate quantity, measure or weight and – the goods comply with the requirements of legal regulations.
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If a defect occurs within 6 months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs with consumer goods withing 24 months from the receipt. This provision will not be applied to goods sold at a lower price for a defect which a lower price was agreed for, to wear and tear of the goods caused by their normal use, to used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
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In case of a defect, the buyer may submit a complaint to the seller and demand: – replacement for new goods, – repair of the goods, – reasonable discount on the purchase price, – withdrawal from the contract.
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The buyer has the right to withdraw from the contract, – if the goods have a substantial defect, – if the buyer can not properly use the thing due to the repeated occurrence of defects or defects after repair, – in the case of greater number of defects in the goods.
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The seller is obliged to accept the complaint also at the registered office or at the place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what is the subject of the complaint and what method of settlement of the complaint the buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
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The seller or an employee authorized by the seller will decide about the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for expert assessment of the defect. The complaint, including removing of the defect, must be settled immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered as a significant breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered to be the moment when the buyer’s will (exercise of the right from defective performance) reaches the seller.
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The seller informs the buyer in writing about the outcome of the complaint.
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Právo z vadného plnění kupujícímu nenáleží, pokud kupující před převzetím věci věděl, že věc má vadu, anebo pokud kupující vadu sám způsobil.
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In the case of justified complaint, the buyer has the right to a compensation for reasonably incurred costs incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.
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The buyer has the choice of the method of complaint.
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The rights and obligations of the contract parties regarding the rights arising from defective performance are governed by §1914 to §1925, § 2099 to §2117 and §2161 to §2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
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Other rights and obligations of the parties related to the seller’s liability for defects are governed by the seller’s complaints procedure.
VIII. DELIVERY
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The contract parties may deliver all written correspondence to each other by electronic mail.
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The buyer delivers the correspondence to the seller to the e-mail address specified in these terms and conditions. The seller delivers correspondence to the buyer to an e-mail address specified in his customer account or in the order.
IX. OUT-OF-COURT DISPUTE RESOLUTION
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The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
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European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 from the 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes).
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The seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
X. FINAL PROVISIONS
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All agreements between the seller and the buyer comply with the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
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The seller is not bound in relation to the buyer by any codes of conduct within the meaning of § 1826 para. 1 letter (e) of the Civil Code.
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All rights to the seller’s website, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part without the consent of the seller.
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The seller is not responsible for errors arising as a result of a third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online store without authorization and use the online store or its parts or software in such a way that would be contrary to its purpose or purpose.
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The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
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The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
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The seller may change or adjust the wording of the terms and conditions. This provision does not violate the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
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By purchasing the station and connecting it to the network, the buyer agrees to provide the measured data on air quality and location of the station to Slamka Consulting s.r.o. for the purpose of processing and creating pollution map that will be freely accessible to the public.
These terms and conditions come into effect on 20th 9. 2018