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Business conditions
These general terms and conditions govern the relations between the parties to the purchase contract/license agreement, where on the one hand is the company UBC s.r.o., ID 27146987, VAT CZ27146987, with its registered office at Mělnická 87, 250 65 Bořanovice, registered in the Commercial Register maintained by the Municipal Court in Prague in Section C, Insert 99842 as the seller (hereinafter referred to as the “Seller“) and the buyer (hereinafter referred to as the “Buyer“).
Definition of Terms:
The Seller is the company UBC s.r.o. with its registered office at Mělnická 87, 250 65 Bořanovice.
The Buyer is the customer of our webshop. Due to the current legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.
A Buyer-Consumer or just Consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with a business or otherwise deals with a business.
A Buyer who is not a Consumer is a Business. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or who acts on behalf of or for the account of an entrepreneur, shall also be deemed to be an Entrepreneur.
Purchase Contract
If the Buyer is a Consumer, the proposal to conclude the Purchase Contract (offer) is the placement of the offered goods by the Seller on the website, the Purchase Contract is concluded when the Buyer-Consumer submits the order and the Seller receives the order. The Seller shall immediately confirm this acknowledgement to the Buyer by an informative e-mail to the specified e-mail address, however, this acknowledgement shall not affect the formation of the Contract. The resulting Contract (including the agreed price) may only be amended or cancelled by agreement of the parties or for legal reasons.
Before submitting the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer shall submit the order to the Seller by clicking on the “Submit Order” button.
If the Buyer is not the Consumer, the proposal for the conclusion of the Purchase Contract is the order of products submitted by the Buyer and the Purchase Contract itself is concluded at the moment of delivery of the Seller's binding consent to the Buyer's proposal.
By concluding the Purchase Contract, the Buyer confirms that they have read these Terms and Conditions, including the Complaints Procedure, and that they agree to them. The Buyer shall be sufficiently notified of these Terms and Conditions and the Complaints Procedure and shall have the opportunity to familiarise himself with these Terms and Conditions prior to the actual execution of the order.
The deadline for the settlement of claims is suspended if the Seller has not received all the documents necessary for processing the claim (parts of goods, related documents, etc.). The Seller is obliged to request the completion of the documents from the Buyer as soon as possible. The time limit is suspended from this point onwards until the Buyer delivers the requested documents.
The Seller reserves the right to cancel the order or part of it before the conclusion of the Purchase Contract, by agreement with the Buyer, in the following cases: the goods are no longer produced or delivered or the supplier's price of the goods has changed significantly. In the event that the Buyer has already paid part or the entire amount of the purchase price, this amount will be transferred back to his account or address and the conclusion of the Purchase Contract will not come into effect.
Defective Products and Consumer Rights
The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding regulations ( particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code).
The Seller shall be liable to the Consumer that the item is defect-free upon receipt. In particular, the Seller shall be liable to the Consumer that at the time the Consumer accepted the item,
- the item has features agreed between the parties and, in the absence of an agreement, such features as the Seller or the Manufacturer described or the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by the Seller,
- the item is appropriate for the purpose stated by the Seller or for which an item of this kind is usually used,
- the item corresponds in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,
- the item is in an appropriate quantity, measure or weight, and
- the item complies with the legal requirements.
If the item lacks the aforementioned features, the Consumer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Consumer may only demand the replacement of the part; if this is not possible, the Consumer may withdraw from the contract. However, if this is unreasonable in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Consumer has the right to have the defect remedied free of charge.
The Consumer has the right to have a new item delivered or a part replaced even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer also has the right to withdraw from the contract.
If the Consumer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, the Consumer may claim a reasonable discount. The Consumer is also entitled to a reasonable discount if the Seller is unable to deliver a new item without defects, replace a part of the item or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer significant difficulties.
The Buyer is not entitled to the right of defective performance if the Buyer knew before acceptance of the item that it is defective of if the Buyer himself caused the defect.
The consumer shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
Consumer's right to withdraw from the contract
If the Purchase Contract is concluded by means of distance communication (in an online shop), the Consumer has the right to withdraw from the Contract within 14 days of receipt of the goods without giving any reason ( in case the subject of the Purchase Contract is several types of goods or delivery of several parts, this period starts from the date of receipt of the last delivery of the goods) in accordance with Section 1829(1) of the Civil Code. Withdrawal from the Purchase Contract must be forwarded to the Seller within the period specified in the preceding sentence.
In the event that the Buyer withdraws from the Contract according to the preceding paragraphs, the Seller shall return the funds received from the Buyer (except for the amount representing the additional shipping costs incurred as a result of the Buyer's chosen method of delivery of goods other than the cheapest method of standard delivery method offered by the Seller) within 14 days of the Buyer's withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer, unless the Buyer determines otherwise. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer prior to the Buyer returning the goods to the Seller or proving that he has sent the goods to the Seller.
However, the provision of the Contract Withdrawal Act for withdrawal within 14 days cannot be understood as an option for free loan of goods. In case of exercising the right to withdraw from the Contract within 14 days from the receipt of the performance, the Consumer must hand over to the Seller within 14 days from the date of withdrawal from the Contract everything that has been acquired on the basis of the Purchase Contract. Should this no longer be possible (e.g. the goods have been destroyed or consumed in the meantime), the Consumer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are partially damaged, the Seller may claim damages against the Consumer and set off his claim against the returned purchase price. In such a case, the Seller is obliged to prove the damage incurred. In such a case, the Seller shall only refund the Consumer the reduced purchase price.
The Seller may add the actual costs incurred in returning the goods to the purchase price to be refunded to the Buyer.
The Consumer does not have the right to withdraw from the Contract in accordance with the provisions of § 1837 of the Civil Code, in particular in the case of contracts:
- the delivery of goods that have been customised by or for the consumer,
Further information on consumer withdrawal within 14 days
The Seller reserves the right to cancel an order for goods marked “Temporarily sold out” in case that the goods can no longer be delivered or replaced by another model or if its price has changed significantly and the customer does not accept this prior to the actual conclusion of the purchase contract. The Seller shall inform the Buyer of this situation. If part or the whole order has been paid, the amount will be refunded to the Buyer's account.