- These terms and conditions (the “Conditions”) are applicable to legal relations originating from concluding agreements via the online shop shop.respilon.com (the “E-shop”).
- The Seller is company RESPILON group s.r.o., Company ID No.: 29245770, with registered office at Cejl 480/12, Zábrdovice, 602 00 Brno, registered in the Commercial Register administered by the Regional Court in Brno, Section C, File No. 68120. Information about the Seller including contact details are available on the E-shop’s website.
- The Buyer is any person to whom the Seller agrees to deliver ordered goods to and agrees to enable the Buyer to acquire his ownership title to such goods. The Buyer agrees to accept the delivery and pay the purchase price to the Seller. If the Buyer is a consumer (in accordance with existing legal definition), relevant legal provisions concerning trading with consumers are binding for the Buyer.
- The Buyer’s and Seller’s rights and obligations are governed by the Conditions and by the Czech law. If a legal relation established by a purchase agreement contains an international (foreign) element, contracting parties agree that such legal relation is governed by the Czech law, with all conflict-of-law rules being excluded. If the Buyer is a consumer with residence within the EU, the Buyer is further protected by applicable mandatory provisions of the country of Buyer’s residence.
CONCLUSION OF AGREEMENT
- This purchase agreement (the “Agreement”) is concluded between the Seller and the Buyer from the Buyer’s submitted order which was made via an order form according to the current offer of goods on the E-shop’s website respilon.com. Such order is considered to be a proposal of the Agreement and becomes binding if confirmed by the Seller.
- Every order must contain at least the following essential information:
a) the Buyer’s identification – name, surname, Company ID No. if entrepreneur, registered address/office/place of business, e-mail address, phone number;
b) identification of the product according to the current offer on the E-shop’s website;
c) required amount of goods;
d) price without VAT and with VAT;
e) the Buyer’s billing address if different from information stated in a).
The order is not considered a due order if it does not contain necessary information and it is not possible to confirm such order. In such case the Seller notifies the Buyer without undue delay in order to fix such order. If the order is not fixed by the Buyer, the order is considered incomplete and invalid.
- The Buyer can order goods as a registered user via his/her account or can place orders without registration.
- The order is received by the Seller via means of electronic communication. The order is binding for the Buyer.
- After the Seller receives the order he must confirm this fact to the Buyer. If within thirty (30) days from receiving the order the Seller fails to confirm the order or fails to propose a new agreement, the order will be invalid. The Seller reserves the right to notify the Buyer that he cannot provide the goods, including but not limited to when the goods are not produced, provided, or are sold out or in other cases when there is a good reason. If the Seller cannot provide and deliver the ordered goods, he must offer appropriate compensation to the Buyer if it is in his capacity. The Buyer must a) express that s/he agrees with the delivery of substitute goods and then a purchase agreement on the delivery of substitute goods is concluded or; b) express that s/he does not agree with the delivery of substitute goods and then s/he may withdraw from the Agreement.
- This Agreement is considered concluded for the time when the Buyer receives the confirmation of the order. If the confirmation is made regarding only a part of the goods, the Agreement applies only to the goods specified in the confirmation.
- The Buyer agrees with the usage of means of remote communication to conclude the Agreement. The Buyer’s costs arising from using such means to conclude the Agreement (e.g. the cost of Internet connection, the cost of phone calls) are borne solely by the Buyer.
- The Buyer understands that the Seller has no obligation to conclude with any person, including but not limited to persons who materially breached their obligation to the Seller in the past.
- By placing the order the Buyer confirms that s/he has read the Conditions and that s/he fully agrees with them.
DELIVERY OF GOODS
- By virtue of the Agreement the Seller agrees to deliver the right goods and to enable the Buyer to acquire the ownership title to such goods, and the Buyer agrees to accept the delivery and to pay the purchase price to the Seller. The goods are delivered to the place of delivery specified by the Buyer in the order, and such place is then considered to be the place of payment.
- The delivery period is usually twenty-one (21) days from the day of the placing of the order if the goods are in stock. The goods are delivered to the Buyer or to any authorized person by a person authorized by the Seller, usually by a holder of a postal licence. After the lapse of time to no effect the parties can agree on longer delivery time; if such delivery time is not agreed upon, the Agreement is considered terminated.
- The Seller delivers the goods to the Buyer via a holder of a postal licence.
- The Seller points out that postage is not included in the price of the goods and will be added to the purchase price. Delivery price is shown before the order is completed in the order form.
- The goods are delivered in regular packaging from a producer. All information about the delivered goods is available to the Buyer for download on the Seller’s websites respilon.com and shop.respilon.com. The Seller delivers the goods together with an invoice with features of a tax document. The Buyer must confirm the due delivery of the goods and the invoice with his/her signature according to the instructions of the holder of a postal licence.
- The Seller is a VAT registered company. Under the Act on Registration of Sales the Seller must issue a receipt and provide it to the Buyer. At the same time, the Seller must register the accepted payment with the Financial Authority online; in the event of a technical failure no later than within forty-eight (48) hours.
PURCHASE PRICE AND PAYMENT TERMS
- The purchase price means the price displayed with the goods in the E-shop on the Seller’s website respilon.com. The purchase price is confirmed by the Buyer at the time of the order placement and is afterwards confirmed by the Seller and becomes binding from the time when the Agreement is concluded.
- The Buyer must pay the purchase price when he accepts the delivery of the goods from the holder of a postal licence or another from shipper. The purchase price is considered to be paid at the time of the receiving of the payment by the holder of a postal licence or by the shipper or at the time when the payment is credited to the Buyer’s account before the shipping of the goods.
WITHDRAWAL FROM AGREEMENT
- If the Buyer is a consumer as amended by Act No. 89/2012 Coll., of the Civil Code, and is therefore a person not acting within his/her capacity as an entrepreneur, a trader, or a professional, the Buyer has the right without providing any reason or without any penalties applied to withdraw from the Agreement within fourteen (14) days from the time of accepting the delivery of the goods. The withdrawal form is available here.
- If the Buyer is not a consumer, the Buyer has the right to withdraw from the Agreement only in cases stated by the law.
- In case of withdrawal, the Buyer must send the notice of withdrawal in writing to the address of the Seller’s registered office. In case of withdrawal, the Buyer – consumer as determined by (V) (1) of the Conditions must do so no later than within fourteen (14) days from the day of the accepting of the delivery of the goods. In the notice of withdrawal the Buyer must identify the goods being returned, s/he must include information that clearly identifies the relevant agreement, preferably the order day and order number, the date of the accepting of the delivery of the goods and the Buyer’s account number in case s/he requires a refund of the purchase price to be credited to the bank account. In case of withdrawal the Buyer – consumer must return the goods to the Buyer no later than within fourteen (14) days from the time of the withdrawal from the Agreement. If the Buyer-consumer does not propose the Seller that he requires the refund to be credited to his/her bank account, the Buyer will be refunded by a postal order to the address which was provided as his/her delivery address during the contractual process. The Seller must return the purchase price and delivery costs to the Buyer – consumer after the Seller receives the returned goods from the Buyer. The Buyer has no right to compensation of actually incurred costs connected with returning the goods and the costs are solely borne by the Buyer.
- If the Buyer exercises his/her right to withdraw under (V) (1) or (2) of the Conditions, s/he must return to the Seller everything that was included in the Agreement. The Buyer must return the goods in the original and undamaged packaging, the goods must be clean, whole and with the original tax document. If the aforementioned is not possible (e.g. in the meantime the goods were damaged or consumed by the Buyer not acting in good faith or by the Buyer abusing the right to withdraw), the Buyer must award the Seller financial compensation amounting to the value of what cannot be returned. The Seller has the right to require such compensation and may credit his claim against the claim to a refund of the purchase price.
- If the Buyer receives other goods at a reduced price (alternatively at a symbolic price or as a gift) as a bonus for the goods ordered at a certain price, provisions herein, (V) (1) or (2), are applicable also to the goods delivered at a reduced price. In such case the Buyer must return any such goods delivered under a relevant agreement, unless the Seller informs him that s/he does not insist on returning such goods.
RIGHTS FROM DEFECTIVE PERFORMANCE
- The liability of the Seller is governed by relevant applicable law as amended. If not stated otherwise, the Seller provides quality warranty for the goods until an expiration date displayed on the packaging.
- The Buyer must duly inspect the delivered goods and inform the Seller without undue delay about any discovered defects. A later claim about the kind, number or damage to the goods during shipping will not possibly be taken into consideration. The Buyer also confirms with his/her signature that the goods were delivered in good order. If the goods are damaged, the Buyer can refuse to accept the delivery.
- If the goods do not correspond to the goods under the Agreement after the Buyer has accepted the delivery of such goods, the Buyer has the right to the following: the Buyer must without undue delay and free of charge return the goods to the conditions stated in a purchase agreement and that must be made by delivering new goods; if such steps are not possible, the Buyer may require a fair discount on the purchase price.
- If the Buyer is a consumer, his/her rights from defective performance are pursuant to the provision of Section 2099 et seq. of Act No. 89/2012 Coll., of the Civil Code, and his/her rights are as follows: if defective performance constitutes material breach of the Agreement, the Buyer – consumer has the right a) to request new defect-free goods or missing goods, b) to a repair of the goods, c) to a fair discount on the purchase price, d) to withdraw from the Agreement. The Buyer – consumer informs the Seller which one of the aforementioned rights s/he wishes to exercise at the time of informing the Seller about the defect or without undue delay after informing him about the defects. If the Buyer does not choose his/her right to exercise within the specified time, his/her rights are as in the case of non-material breach of the Agreement. In case of non-material breach, the Buyer has the right to require a repair of the defect or to a fair discount on the purchase price. Other legal claims of the Buyer – consumer in the case of defective performance are governed by Section 2099 et seq. of Act No. 89/2012 Coll., of the Civil Code.
- Notwithstanding legal exceptions, the Buyer cannot withdraw from the Agreement or request delivery of new goods if he cannot return the goods in the same condition in which the goods were delivered.
- The Seller reserves the right to withdraw from the Agreement with such a Buyer whose warranty claims are not adequate or whose shopping on the E-shop’s website shows speculative nature.
- The claim form is available here.
PERSONAL DATA PROTECTION
- By entering into the Agreement the Buyer agrees with the collecting and processing of his/her personal data in the Seller’s database so that the Agreement is successfully discharged by performance.
- The Buyer has the right to access or correct his/her personal data, and further has other legal rights regarding his/her personal data. The Buyer can request a deletion of his/her personal data from the Seller’s database in writing.
- Personal data protection of the customer including the terms and conditions for commercial communication comply with the rules in the Personal Data Processing Principles document. The current version is available here.
- The Seller hereby instructs the Buyer – consumer that in case of any dispute the Buyer may claim his/her right to an out-of-court settlement in the case of a consumer law dispute. This right is exercised by filing a motion under the provision of Section 20n of the Act No. 634/1992 Coll., on consumer protection, with the following authority: the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Praha 2 – Nové Město, website: http://www.coi.cz. All details on out-of-court settlement are available on the Czech Trade Inspection Authority website.
- By conclusion of the Agreement the Buyer represents that he is fully acquainted with the Conditions and agrees that they form an integral part of the Agreement. The Buyer understands that the Conditions are binding under Section 1751(1) Act No.89/2012 Coll., of the Civil Code, for legal relations between the Buyer and the Seller if the Agreement does not contain derogation provisions.
- The Seller reserves the right to change or add information herein, particularly in case of change of business practices or in case of amendments to existing law. New version of the Seller’s Conditions will be published by the Seller on his website.
- Legal relation of the parties not expressly stated herein are governed by relevant provisions of Act No. 89/2012 Coll., of Civil Code, and by other relevant statutes.
- The Seller is not liable for any damages resulting from circumstances that exclude the liability of the Seller, e.g. state interference, traffic restrictions and electricity failure, the E-shop system failure, strikes or road closures. Such circumstances constitute deferment of obligation performance on the part of the Buyer within time and of effect of such circumstances and during this period of time the Buyer will be not in default. The same applies if such circumstances occurred for the Seller’s subcontractors. The Seller must notify the Buyer that the circumstances which exclude unlawfulness occurred without undue delay when it is technically possible.
- The Conditions come into force and effect on the 15th March 2019.