General terms and conditions of the company’s online store under the trade name
MAGNIFICORA s.r.o., effective from 13.09.2016.
REGON: 293 61 222
With head office: Musilkova 172/58, Košíře, 150 00 Praha 5
Entered in the commercial register of the Municipal Court in Prague, division C, item 201781
These General Terms and Conditions of Business (hereinafter referred to as the “GTC”) of the online store (hereinafter referred to as “MAGNIFICORA e-shop”) for the customers of MAGNIFICORA s.r.o. Regulates the rights and obligations of the parties to the contract resulting from the existing legal relationship between MAGNIFICORA s.r.o. As a supplier of MAGNIFICORA products s.r.o. (Hereinafter referred to as the “seller”) and its customers (hereinafter referred to as “buyers”), (the seller and the purchaser are also jointly referred to herein as “the parties”). The subject of the legal relationship is the purchase and sale of goods presented on the website of the MAGNIFICORA online store s.r.o. And the relationship between the seller and the buyer, which primarily arises at the conclusion of the sales contract (hereinafter referred to as the “sales contract”) and, moreover, the goods claim, warranty terms and other related rights.
The seller and operator of the online store is MAGNIFICORA s.r.o. Registered office Musilkova 172/58, Košíře, 150 00 Praha 5, REGON: 293 61 222, entered in the Commercial Register of the Municipal Court of Prague, Section C, Item 201781. The seller, when signing and executing the sales contract, acts in the course of his trade or other business. business. Contact details: postal address for delivery of the consignment – Musilkova 172/58, Praha 5 – Košíře, Praha 5, 150 00; Tel .: +420 602 252 076; Email: email@example.com.
Buyers for the purposes of these GTC (hereinafter referred to as “the consumer”) are the natural person who purchases the goods through MAGNIFICORA sro’s online shop “MAGNIFICORA online shop” in particular for individual needs and does not operate in the course of his trade or other business activities. Or as a self-employed person. The online shop is only for shopping in the Czech Republic, the Slovak Republic and Poland. These GTCs apply only to the relationship between the seller and the buyer, which is the consumer. If the buyer is an entrepreneur, or if the buyer places his Regon and / or NIP at the time of ordering, or if the buyer purchases the goods to his own commercial property or to the commercial property of another entrepreneur, Use or otherwise allow the use of the goods in the course of their business or in the business of another business, the terms of sale, delivery and warranty of MAGNIFICORA sro are not governed by the applicable terms and conditions of sale, For an entrepreneur.
The goods or the thing, for the purposes of the General Terms and Conditions are all the products and their equipment, which the seller – MAGNIFICORA s.r.o. – offers and sells through your online store.
Seller enables every customer to read the wording of these GTCs by publishing them on the official website of MAGNIFICORA s.r.o.
General Terms and Conditions are an integral part of the sale agreement. In the event that the seller and the buyer enter into a sales contract in which they agree terms and conditions differ from those of the GTC, the provisions of such a sales contract shall take precedence over the GTC.
The catalog of goods on the internet site www.magnificora.com/cz, which is maintained by the seller, is the catalog of the goods usually delivered and the seller does not guarantee the immediate availability of the entire listed assortment. Availability of the item can be obtained from the seller at the address listed on www.magnificora.com.
A brief description of the product is provided on the seller’s web site, the details of the product will be provided to the buyer upon request. Further information about the goods is also sent together with the goods.
Conclusion of the sale contract
Placing the offered goods on the seller’s website “MAGNIFICORA online shop” is a proposal to enter into a sales contract.
The buyer orders the item by clicking the button labeled “eshop magnificora”. The next step of ordering by the buyer registered in the online store system is his login, which consists in entering his email address and password. If the buyer is not registered with MAGNIFICORA, he or she can create a new customer account. The Buyer has the right to order the goods also without first creating a customer account.
The buyer, after entering the address for invoicing and delivery, chooses the method of payment for goods according to item 4.2 of the GPA and the method of sending the goods according to item 5.2 of the GPA. When the buyer finally confirms his order, he has the right to inspect the entire order and the details he has provided. If you are interested in a change of position, you can do so with the “Back” button, which will return you to the previous step of placing your order. If the buyer accepts the order form, then the “Next” button confirms the order of the selected goods.
The final confirmation of the order from the buyer is an offer to enter into a sales contract, while the sales contract itself is delivered by delivery of an order confirmation from the seller in the form of an e-mail to the address the buyer provided when ordering the goods. From now on the relationship between the seller and buyer appears mutual rights and obligations, which is defined in the sales contract and these GTC, which form an integral part thereof. The resulting sales contract can be changed or canceled only on the basis of a seller’s and buyer’s agreement or on statutory grounds.
The sales contract is in Czech. The binding buyer’s order and invoice data are for the proper implementation of the contract electronically archived by the seller for a period of 5 years, the seller will be able to access them if the buyer is interested.
With the order confirmation, the buyer’s email address is also served to him with a sales contract.
In the case where the goods are placed in the seller’s warehouse, the shipment of the goods shall be made within three working days of the date of the binding conclusion of the contract.
Unless the seller and buyer agree otherwise, the seller is obliged to process the buyer’s order within 30 days of delivery to the seller. Payment of the order is understood as delivery of the goods duly and in a timely manner in accordance with clause 5.8 of the General Conditions.
The buyer, by ordering the goods at the same time, declares that he has been acquainted with the wording of these GTCs and agrees with them. Prior to placing an order, the buyer is sufficiently informed of these GTCs, is able to familiarize themselves with them and undertakes to comply with them. The consumer before submitting the order of goods accepts the content of these Terms and Conditions by clicking on the appropriate box, which means acquainting themselves with the contents of these Terms and Conditions and agreeing to them. GTCs are available on the seller’s website. The buyer when ordering the goods is confirmed on the seller’s website link “I accept the General Terms and Conditions”. Then, the buyer receives a link to the seller’s GPC on his e-mail. By confirming the link “I accept the General Terms and Conditions” you are deemed to have properly acquainted yourself with the seller’s terms and conditions of the seller.
By concluding the sale agreement, the parties have agreed fully only on the subject of the purchase. Any other agreement between the parties to the contract regarding the subject of the contract of sale shall expire with the conclusion of the contract of sale.
The buyer agrees to use the telecommunication means when concluding the contract. The costs incurred by the use of telecommunication resources in connection with the conclusion of the contract (eg Internet connection costs) are borne by the buyer himself.
Rights and obligations of contract parties
The seller is entitled to the buyer’s due and timely payment of the purchase price of the goods delivered.
The seller is entitled to cancel the buyer’s order if, owing to the goods being over-sold, the unavailability of the goods or the substantial change in the price of the goods, he is unable to deliver the goods to the buyer within the deadline set out in these GTC or, on the basis of an individual agreement with the purchaser on the price stated on the website of the online shop, Unless you are in agreement with the buyer about replacement implementation. In order to cancel the order, the buyer will be informed by the seller by e-mail, and in case of settlement of the purchase price or part thereof, the seller will reimburse the seller within 14 days of the notice of cancellation of the order for the account specified by him, unless otherwise agreed with the seller.
The seller is obliged to deliver the goods on the basis of the buyer’s order according to the agreed quantity, quality and date, and to package the goods or to dispatch them in the manner required for its preservation and protection and to ensure that the goods delivered comply with the applicable legal regulations of the Czech Republic.
The seller is obliged to send the VAT invoice in electronic form to the buyer at the latest with the goods.
If the situation described in section 3.2 of the GPA or in other cases arises, the parties to the contract may agree on equivalent replacement of the same quality and price.
The Buyer has the right to deliver the goods in quantity, quality, date and place agreed upon by the parties to the contract in accordance with the binding order confirmation.
The buyer is obliged to collect the purchased or ordered goods, pay the seller the agreed purchase price at the agreed payment date including the costs incurred for delivery of the goods, certify the receipt of the goods on the receipt of the goods signed by his or his authorized person.
Price, additional fees
All prices are subject to the seller’s current catalog price list published and published on the seller’s web site (www.magnificora.com), which is valid at the time of order and unless otherwise stated, prices are expressed in CZK (including CZK) Included in the applicable VAT rate in accordance with applicable legislation, including the recycling fee, and for the buyer are final prices.
Delivery of goods is subject to payment of the purchase price of the goods. The buyer is responsible for paying the full purchase price. In the case of payment on receipt the buyer is obliged to pay the purchase price of the delivered goods in cash including shipping costs (transport cost, cost of delivery) on receipt of goods. Ownership of the item sold goes to the buyer only when the full purchase price is paid.
The buyer, along with each shipment, receives an invoice in the form of a printout.
Delivery of ordered goods takes place with picking up (up to 30 kg). Where individual goods or an order as a whole exceeds this weight limit (hereinafter referred to as “over-the-counter product”), the seller shall give notice of this circumstance to the buyer prior to delivery to agree on the individual mode of transport and the transport fee. In the event that the buyer does not accept the method of transport or the transport fee, he has the right to withdraw from the contract within 24 hours of announcing the price. The period of time during which a buyer can not withdraw from the contract is not considered to be delayed by the seller upon delivery of the extra-ordinary item.
In the territory of the Czech Republic, the Slovak Republic and Poland the transport for the buyer is free of charge. Apart from the abovementioned countries the cost of transport is governed by the price of the Czech Post (Česká pošta, s.p.) according to its current price list.
The delivery dates and other dates specified in the order (if not clearly stated in the contract by the contracting parties) can be changed by the buyer according to the scope and nature of the delivery (type, quantity or delivery of the goods delivered). The Seller will make every effort to ensure that the delivery dates and other dates specified in the order are met.
If the parties to the contract have not expressly agreed otherwise on the delivery date, the time limit for delivery and the other terms in Art. 2.7 and 2.8 of these GTCs.
If the seller delivers the goods to the buyer through courier services and can not determine the exact delivery time in advance, it is in the buyer’s interest to mark the place of delivery as the delivery address for the place of employment or possibly the person authorized by the buyer to receive the goods.
The delivery of goods is due and timely:
Pick up the goods by the buyer,
Allowing the buyer to pick up the goods at his place specified for the delivery of the goods.
As the circumstances excluding the seller’s liability for late delivery of goods are treated as: force majeure, service interruptions, delays in delivery due to subcontractors, lack of raw materials, energy or workforce, strikes, traffic disruptions, transportation problems, transport failures, public And also all events similar or provided for by law – in these cases the seller delivers the goods to the buyer without undue delay after the expiry of the obstacle.
If the seller after the order confirmation has determined that the ordered goods have ceased to be produced or that his production has been terminated for any reason, the agreed price of the ordered goods shall be agreed upon with the purchaser. Possibly comparable parameters.
Acquisition of property rights and transfer of risk of injury to goods
The buyer obtains ownership of the goods only at the full payment of the purchase price.
The risk of damage to the goods will pass to the buyer at the time he takes the goods, or if he did not do so within the time limit, at the time when the seller was ready to deliver the goods duly and timely, or possibly allow the buyer to use the goods at the place provided for delivery And the buyer of the goods did not pick up.
Personal data and their protection
The seller’s offer is published on the website www.magnificora.com/cz. All information published on this site is available to the buyer without the registration of personal data.
The parties agree that the buyer is required to provide the seller with accurate personal information, including at least his / her name, permanent address including postcode, date of birth, telephone number and email address. Seller is not liable for damages and negative consequences caused by the Buyer’s breach of the obligation under this section of the General Terms and Conditions.
The buyer, by submitting the seller’s order, declares that under the provisions of Law 101/2000 The protection of personal data, in the version of the later provisions (hereinafter referred to as “UODO”), allows the seller to process and store his / her personal data, at least the ones listed above and / or those needed by the seller and processing them. All their information systems. The buyer grants this seller permission for an indefinite period of time. By consenting to the processing of personal data, the buyer may at any time revoke in writing the goods delivered to the seller. From now on, the personal data controller / reseller can not further process the data transferred to him / her.
The Seller declares that the personal data of the buyer will be kept in accordance with the applicable laws of the Czech Republic, in particular with Law No 101/2000 About the protection of personal data, in the wording of later provisions. MAGNIFICORA Company s.r.o. Is the registered administrator of personal data, all data received from the buyer is for internal use only and not to third parties.
Seller declares that, according to UODO provisions, personal data will only be acquired for the purpose of concluding a sales contract between the seller and the buyer.
The Seller declares that, in accordance with UODO’s terms, he will process personal data in good faith and will act in a manner that does not infringe UODO or other general laws or regulations will not be circumvented. The Seller declares that the buyer’s consent to processing and storing his / her personal data will not be imposed or threatened by refusal of a contractual relationship, goods or rejection of an obligation imposed on the seller.
Terms of complaint
The seller guarantees to the buyer that there is no defect on the receipt. The seller is therefore before the buyer responsible in particular for the goods have the properties agreed by the parties, and if such arrangements are lacking, the properties that the seller or the manufacturer described or which the buyer expected due to the nature of the goods and advertising that the item is suitable To the purpose specified by the seller as a use for it, or to the purpose to which such a customary practice applies, that the goods correspond to the quality or performance of a contractual model or model if the quality or performance has been determined by a contractual pattern or model that the item is delivered in The right quantity, size or weight and corresponds to legal regulations.
The rights and obligations of the parties to the contract arising out of the seller’s liability for defects, including the seller’s liability, are governed by applicable generally applicable laws, in particular the provisions of § 2113 of the new Civil Code and subsequent, and § 2161 and subsequent new Civil Code. If the defect of the goods reveals up to six months from the date of receipt, the goods are considered defective upon receipt by the buyer.
Seller pursuant to § 2113 of Law No. 89/2012 – The Civil Code (also known as “NKC”) takes over the guarantee of the quality of the delivered goods, ie it undertakes that the goods will, for a specified period, be able to be used for a contractual purpose and that they will retain contractual or normal quality. Disadvantage of the goods buyer is obliged immediately after it found without undue delay to complain (advertise) the seller according to the conditions of the complaint. Terms of complaint were developed on the basis of the provisions of Act No. 89/2012 – Civil Code and Act No. 634/1992 Coll. On consumer protection, as amended. The buyer is entitled to use the seller’s warranty only for such goods, which is defective by the fault of the manufacturer, the supplier or the seller