General Terms of Service
Effective from 01.01.2021
Contents
- I. Basic provisions
- II. Information about goods and prices
- III. Order and conclusion of the purchase contract
- IV. Customer account
- V. Payment terms and delivery of goods
- VI. Withdrawal from the contract
- VII. Rights arising from defective performance
- VIII. Delivery
- IX. Out-of-court dispute resolution
- X. Final provisions
Seller
SI Groups, spol. s ro
General Janouska 895, Prague 14, Prague, Czech Republic
ID number: 08464774 VAT number: CZ08464774
Contact details: Mona Gupta
Email: info@donsoer.cz
Phone: +420 774 917 925
Web: www.donsoer.cz
I. Basic provisions
These general terms and conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code").
These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of their business activities as a consumer or within their business activities (hereinafter referred to as: "buyer") via the web interface located on the website available at the internet address www.donsoer.cz (hereinafter referred to as the "online store").
The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the Czech language.
II. Information about goods and prices
Information about the goods, including the prices of individual goods and their main features, is provided for each individual good in the online store catalog. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually negotiated conditions.
All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
Information about the costs associated with packaging and delivery of goods is published in the online store.
Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are paid by the buyer himself. These costs do not differ from the basic rate.
The buyer places an order for goods in the following ways:
- through their customer account, if they have previously registered in the online store,
- by filling out the order form without registration.
When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the button "Complete order". The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.
Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The current terms and conditions of the seller valid on the date of conclusion of the contract, which can be found on the website, are attached to the contract. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.
In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send the Buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of the Seller's acceptance of the order. The Buyer may cancel the order by calling the Seller's phone number or email address specified in these Terms and Conditions.
In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purposes of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists of determining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback, and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide information about the purchased goods and your e-mail address to it. When sending e-mail questionnaires, your personal data is not provided to any third party for its own purposes. You can object to receiving email surveys as part of the Verified by Customers program at any time by opting out of further surveys using the link in the survey email. If you object, we will not send you any more surveys.
IV. Customer account
Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account if there are any changes. The data provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account, or if the Buyer breaches his/her obligations under the purchase contract and these Terms and Conditions.
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 the necessary maintenance of the hardware and software equipment of third parties.
V. Payment terms and delivery of goods
The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- by bank transfer to the seller's bank account
- cash on delivery upon delivery of goods,
- in cash or in person at the store
- in cash or by credit card to the carrier, or when collecting the parcel in person at the carrier's delivery point
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with delivery of the goods.
In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
In some cases, the seller may request a deposit or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, no later than within 48 hours.
The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- via the delivery office to the delivery office address specified by the buyer,
- by personal collection at the seller's premises
The choice of delivery method is made when ordering goods.
The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If 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. If, for reasons on the buyer's part, the goods must be delivered 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, or the costs associated with a different method of delivery.
When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
The seller issues a tax document – invoice to the buyer. The tax document is usually sent to the buyer's email address.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.
VI. Withdrawal from the contract
A buyer who has concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
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 several types of goods or the delivery of several parts
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
The buyer cannot withdraw from the purchase contract, among other things:
- provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period 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,
- on the supply of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
- about the delivery of alcoholic beverages, which may