TERMS AND CONDITIONS
of the company SKY ENERGY s.r.o.
registered office: K. Čapka 1231/6, 36001 Karlovy Vary, identification number: 27382532 registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, File 42562
for the sale of goods through an on-line shop located at www.vivasan.club
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter the “Business Terms and Conditions”) of SKY ENERGY s.r.o., registered office: K. Čapka 1231/6, 36001 Karlovy Vary, identification number: 27382532, registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, File 42562 (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the parties or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on a website located at www.vivasan.club (hereinafter referred to as the “Website”) through the Website Interface (hereinafter referred to as the “Web Interface of the Store”).
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the ordering of goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech. 1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the website, he can access his user interface. From its user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface allows it, the Buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and while ordering goods are considered correct by the Seller.
2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The Seller may cancel the user account, especially if the Buyer has not used his user account for more than 12 months, or if the Buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. THE PROCESS OF CONCLUDING THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the shop’s web interface. This provision does not limit the Seller’s ability to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills in the order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart of the web interface of the shop)
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs, associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the entered data into the order, also with regard to the Buyer’s ability to detect and correct errors, caused by entering data into the order. The Buyer sends the order to the Seller by clicking on the “Finish order” button. The data listed in the order are deemed correct by the Seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address, specified in the user account or in the order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in a writing form or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.8. The Buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) shall be covered by the Buyer himself, and these costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs, associated with the delivery of goods according to the purchase contract, may be paid by the Buyer to the Seller in the following ways:
- by bank transfer to the Seller’s account No. 115-7990910207 / 0100, maintained by Komerční banka, a.s. (“Seller’s Account”);
- by payment cards (accept Visa, Mastercard, and American Express payments from customers worldwide).
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs, associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs ,associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In case of cash payment or cash upon delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods and write the variable symbol of the payment. In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the purchase contract. The seller is / is not a payer of value added tax. The tax document – invoice is issued by the Seller to the Buyer after payment of the price of goods and sent in electronic form to the Buyer’s email address.
4.9. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in case of a technical failure, no later than within 48 hours.
5. CANCELLING THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to cancel a purchase contract for the supply of goods that has been modified according to the Buyer’s wishes, which has been irretrievably mixed with other goods after delivery, from a sealed package purchase, which the Buyer has removed from the package and it cannot be returned for hygiene reasons, and from a sound or video recording or computer program delivery contract if their original packaging has been violated.
5.2. Unless this is the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase agreement cannot be withdrawn, the Buyer has the right to cancel the purchase agreement in accordance with Section 1829 (1) of the Civil Code within fourteen (14 ) days from receipt of the goods, and if the subject of the purchase agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Cancellation of the purchase agreement must be sent to the Seller within the period, specified in the previous sentence. In order to cancel the agreement, the Buyer may use the standard form provided by the Seller, which is attached to the Terms and Conditions. Cancellation of the Purchase Agreement may be sent by the Buyer to the Seller’s adress or to the Seller’s e-mail address [email protected].
5.3. In case of cancelling the agreement, pursuant to Article 5.2 of the Terms and Conditions, the agreement is canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the cancellation of the contract to the Seller. If the Buyer cancel the contract himself, he bears the costs of returning the goods to the Seller, even if the goods can not be returned by its nature by normal mail.
5.4. In case of cancelling the purchase agreement, pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds, received from the Purchaser, within fourteen (14) days from cancelling the agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance, provided by the Buyer, upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods are sent to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer’s claim for refunding the purchase price.
5.6. In cases, where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account, specified by the Buyer.
5.7. If a gift is provided together with the goods to the Buyer, the gift contract between the Seller and the Buyer is concluded with the proviso that if the buyer withdraws from the contract, the gift contract for such gift ceases to be effective and the Buyer is obliged to return provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged to deliver the goods to the place, specified by the Buyer in the order in the purchase contract, the Buyer is obliged to get the goods upon delivery.
6.3. In case that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly, or in any other way, than specified in the order, the Buyer is obliged to pay the costs, associated with repeated delivery of the goods, respectively costs, associated with other delivery methods.
6.4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods and in case of any defects mmediately notify the carrier about it. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the Buyer should not take the shipment from the carrier. This does not affect the Buyer’s rights from liability for defects of the goods and other Buyer’s rights, resulting from generally binding legal regulations.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the Seller, if issued by him.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller is responsible in front of the Buye,r that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
7.2.1. the goods have the properties, agreed by the parties and, in the absence of an agreement, the goods described by the Seller or the manufacturer are the same as described with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose, stated by the Seller or for which the goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design, agreed upon in the agreed sample or model, if the quality or design were determined according to the agreed sample or model,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.4. The Seller has obligations of defective performance at least to the extent, that the obligations of defective performance of the manufacturer persist. The Buyer is otherwise entitled to exercise the right from a defect, that occurs in consumer goods within twenty-four months of receipt. If the time period for which the goods can be used is specified on the goods sold, on their packaging, in the instructions, accompanying the goods, or in advertising in accordance with other legislation, the quality guarantee provisions shall apply. The Seller undertakes to guarantee that the goods will be fit for normal use for a certain period of time or that they will retain their normal properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
7.5. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect, for which the lower price was agreed, to a wear of the goods, caused by its normal use by the Buyer, or if it happens by the nature of the goods. The Buyer shall not be entitled to any defective performance if the Buyer knew that the goods had a defect or if the Buyer himself caused the defect.
7.6. Rights from liability for defects of the goods shall be exercised by the Seller. However, if the certificate issued to the Seller, regarding the scope of the liability rights for defects (within the meaning of Section 2166 of the Civil Code) states another person to make a repair, which is situated closer to the Seller, or the Buyer repaired it himself. Except in cases where another person according to the previous sentence is intended to carry out the repair, the Seller is obliged to accept the complaint in any establishment, where acceptance of the complaint is possible with respect to the assortment of products or services sold, possibly also in the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons, designated by the Seller for repair.
7.7. The Buyer can specifically claim the rights of liability for defects by e-mail at [email protected].
7.8. The Buyer shall inform the Seller of his / her right at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller’s consent; this does not apply if the Buyer asked for repair of the defect, which proves to be irreparable.
7.9. If the goods do not have the characteristics, specified in Article 7.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer has the right to deliver new goods or to replace it partly even in the case of a removable defect, if he cannot properly use the goods for a repeated occurrence of the defect after repair or for a larger number of defects. In this case, the Buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The Buyer shall be entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, or if the Seller fails to rectify the goods within a reasonable time or if the Buyer has remedied the problems.
7.10. Other rights and obligations of the parties related to the Seller’s liability for defects, may be regulated by the Seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3. Consumers complaints are handled by the Seller via the e-mail address [email protected]. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s email address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http:// ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http:// www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On consumer protection, as amended.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Its obligation to inform the purchaser within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the fulfilment of Seller’s public obligations.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees with sending commercial communications to the Seller’s electronic address or the phone number of the Buyer. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
10.2. The Buyer agrees with the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the purchase agreement without depositing the so-called cookies on the Buyer’s computer, the Buyer may at any time withdraw the consent under the previous sentence.
11.1. It may be delivered to the Buyer at the Buyer’s email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by theCzech law. The choice of law, referred to in the preceding sentence, shall not deprive the consumer of the protection afforded by provisions of the law, which cannot be derogated from contract and which would otherwise apply in the absence of the choice of law under the provisions of Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, the invalid provision shall be replaced by a provision, whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provision.
12.3. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.
12.5. Seller’s contact details: delivery address SKY ENERGY s.r.o., K. Čapka 1231/6, 36001 Karlovy Vary, e-mail address [email protected].
In case of any discrepancies or noncoincidences in the meaning of the terms of this Agreement, the text of this Agreement in the Czech language shall prevail.
Done in Karlovy Vary on the 10 of October 2019
Managing Director of SKY ENERGY s.r.o.