resident Fryčajova 69, 614 00 Brno
Identification Number: 02105616
for the sale of goods through an online store located at: www.thebestofusa.eu
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions ( "Terms and Conditions"), the company Dominik Ingr, based Fryčajova 69, 614 00 Brno, ID number: 02105616 (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection with or under a purchase contract (the "purchase agreement") concluded between the seller and any other person or entity (hereinafter the "buyer") through the online shop of the seller. Internet shop is operated by the seller on the Internet at www.thebestofusa.eu, through a web interface (hereinafter referred to as "Web-based commerce").
1.2 Terms and Conditions also govern the rights and obligations when using the Web site located at Seller www.thebestofusa.eu (hereinafter the "Website") and other related legal relations. Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is ordering goods in the course of their business.
13. Provisions derogating from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2nd USER ACCOUNT
1.2 Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows you to store, buyers can also order goods without registration directly from the web interface business.
2.2 When you register on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account is a buyer during any amendments required to update. The data referred to by the buyer in the user account and ordering goods by the seller are deemed correct.
2.3 Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account and acknowledges that Seller shall not be liable for breach of this obligation by the buyer.
2.4 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may cancel a user account, especially when the buyer your user account for more than 24 months is not used, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
1.3 Web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of goods offered are inclusive of VAT and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a sales contract under individually negotiated conditions. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
2.3 Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.3 To order goods, the buyer fills an order form in the web interface business. Order form contains particular information about:
* Ordered goods (ordered goods "insert" the buyer into an electronic shopping cart web interface
Trade) * method of payment of the purchase price, * information about the desired method of delivery of goods ordered and cost information associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.4 Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, even considering the option buyer to detect and correct errors during data entry into the order. The order sends the buyer clicking on the "Buy" button. The data specified in the order by the seller are considered correct. Seller immediately upon receiving the order the receipt to the buyer confirms by e-mail, at the e-mail address Buyer provided in the user interface or in the order (hereinafter "buyer's email address").
3.5 Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or
3.6 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer by e-mail and electronic mail address of the buyer.
3.7 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached the purchase contract (including terms and conditions).
3.8 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase agreement (the cost of
Internet connection, telephone costs) borne by the Buyer.
4. THE PURCHASE PRICE OF GOODS AND PAYMENT TERMS
1.4 The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways:
* Cash on delivery at the place designated by the buyer in order;
* Bank transfer to the seller's account no. 107-7636760277/0100, held by Komercni banka, a. S. (Hereinafter the "Seller Account")
* Cashless payment card upon receipt of goods
2.4 Along with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods.
3.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable within 10 days from the purchase contract.
4.4 In the case of cashless payment, the buyer is obliged to pay the purchase price
the goods and giving variable symbol of payment. In the case of credit
payment by the purchaser to pay the purchase price of the time met the
appropriate amount to the seller's account.
4.5 The seller is entitled, in particular in the case of the Buyer
there will be additional confirmation (Art. 3.5), require payment of the full
purchase price before sending the goods to the buyer.
4.6 Any discounts on the price of goods provided by the seller to the buyer is not
4.7 If it is customary in trade relations or if it is provided for general
binding regulations, issued by the Seller regarding payments made
under a contract buyer an invoice. The seller is not liable to VAT. The tax document (invoice) issued by the Seller and the Purchaser will be delivered with the goods ordered in printed form.
5th withdrawal from the contract
1.5 Buyer acknowledges that according to § 53 paragraph. 8 of the Act no.
40/1964 Coll., Civil Code, as amended (hereinafter
"Civil Code"), among others, can not withdraw from the contract
the supply of goods adjusted as desired by the buyer, as well as goods subject
rapid deterioration, wear and tear, from contract to supply audio and
video recordings and computer programs if a consumer destroyed their original
packaging, and the purchase contract for the supply of newspapers, periodicals and magazines.
2.5 If this is not a case under Art. 5.1 and about other cases where not from
purchase contract, the buyer in accordance with the provisions of § 53 par. 7
Civil Code, the right to withdraw from the contract, within fourteen (14) days
receipt of goods. Withdrawal from the contract seller must be
demonstrably delivered within fourteen (14) days from receipt of goods to the address
of the seller or the electronic mail address of the seller.
3.5 In case of withdrawal pursuant to Art. 5.2 of the purchase
Contract canceled from the beginning. The goods must be returned to the seller within 10 working
days from dispatch of withdrawal to the Buyer. The goods must be
returned to the seller undamaged and unworn (unused) and, if possible,
in the original packaging.
4.5 Within ten (10) days from the return of goods by the buyer under Article 5.3.
Seller is entitled to examine the returned goods
in particular in order to determine whether the returned goods are not damaged, worn or
5.5 In case of withdrawal pursuant to Art. 5.2 returns
Seller purchase price (excluding cost of delivery) Purchaser
within ten (10) days from the deadline to examine the goods under Art. 5.4
business conditions, bank transfer to an account designated by the buyer. Seller
also entitled to return the purchase price in cash at the time of returning the goods
5.6 Buyer acknowledges that if the goods returned to the Seller
damaged, worn or partially consumed, the seller against
the buyer is entitled to damages incurred by him. Entitled to reimbursement of incurred
harm the seller is entitled to unilaterally set off against the buyer's claim
refund the purchase price. Likewise entitled to a contractual penalty pursuant to Art. 5.3 Commercial
Seller is entitled unilaterally against the Buyer's claim
to refund the purchase price.
6. TRANSPORTATION AND DELIVERY
1.6 The method of delivery of goods determined by the Seller, unless the purchase contract
otherwise specified. In case that the method of transport is negotiated based on the requirement
the buyer, the buyer bears the risk and additional costs associated with this
2.6 If the seller under the purchase contract must deliver the goods on the spot
in order for the buyer, the buyer is obliged to accept the goods on delivery.
If the buyer does not take the goods on delivery, the seller is entitled to demand
storage fee of CZK 200 (in words: two hundred Czech crowns), and further
entitled to withdraw from the contract.
3.6 In the event that the reasons for which the purchaser must deliver the goods
repeatedly or in any other way than stated in the order, the buyer is obliged to
to pay costs associated with repeated delivery of goods, respectively. costs associated with
other delivery method.
4.6 When taking the goods from the carrier the buyer is obliged to check
integrity of the packaging of goods, and in case of any defects immediately notify
carriers. In case of finding violations package indicative of intrusion
shipments to Buyer may assume the shipment from the carrier. By signing the delivery note
the buyer confirms that the shipment of goods meet all terms and conditions and
any further claims of infringement of container shipments can not be taken
5.6 Other rights and obligations of the parties in the transport of goods can customize delivery
conditions of the seller.
7. LIABILITY FOR DEFECTS, GUARANTEE
1.7 The rights and obligations of the parties regarding the liability of the seller for
defects, including the warranty liability of the seller, shall be governed by generally
binding regulations (in particular the provisions of § 612 et seq. of the Civil Code).
2.7 Seller is responsible for the sold item is in conformity with
the contract and that it has no defects. Coincidentally with the purchase agreement means that
the matter has sold quality and properties required by the contract, the seller,
the manufacturer or its representative, or on the basis of their advertising
expected, or the quality and possess properties that are of the same kind,
that meets the requirements of the legislation is the appropriate quantity rate
or weight and corresponds to the purpose for which the seller says things or
for that matter normally used.
3.7 In the event that the matter on receipt by the buyer is not in conformity with the contract
(Hereinafter referred to as "conflict with the contract"), the buyer has the right to
the seller free of charge and without undue delay, put the state
with the purchase contract, and according to by exchanging the buyer,
or repair; if such a procedure is not possible, the buyer may demand
a reasonable discount on the price or withdraw from the contract. This does not apply if
the buyer about the conflict with the contract knew or conflict with
contract he has caused. Conflict with the contract, which will take effect during the
six (6) months from the date of receipt of the matter is considered a contradiction existing in
its takeover, if not in the nature of things or if it is proven
4.7 When they are not things that are perishable or used goods, the
the seller for defects that become apparent as the conflict with the contract after takeover
things within the warranty period (guarantee).
5.7 The rights of the buyer arising from the seller's liability for defects
including warranty liability of the seller, the buyer applies for the seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.8 The buyer acquires ownership of the goods by paying the full purchase price
2.8 Buyer acknowledges that the software and other components making
Web-based commerce (including photographs of the goods offered) are protected
copyright. Buyer agrees not to engage in any activity
that would allow him or third persons to unlawfully interfere with or
Unauthorized use of software or other content of the Web Interface
3.8 The buyer is not entitled to use the Web interface to use trade
mechanisms, software or other procedures that could have a negative
affect the operation of the web interface business. Web interface is possible
used only to the extent that it is not at the expense of the rights of other customers of the seller
and that is consistent with its purpose.
4.8 Seller is not in relation to the purchaser bound by codes of conduct in
under § 53a paragraph. 1 of the Civil Code.
5.8 Buyer acknowledges that Seller shall not be liable for errors
resulting from the interference of third parties to the website or from the use
website in ways not intended.
9. PROTECTION OF PERSONAL DATA AND SENDING OF BUSINESS COMMUNICATION
1.9 Privacy purchaser who is a natural person, the
provided by Act no. 101/2000 Coll., on personal data protection, as amended
2.9 Buyer agrees to the processing of their personal data: name,
surname, address, identification number, tax identification number,
electronic mail address, telephone number and account number (hereinafter collectively referred
3.9 Buyer agrees to the processing of personal data by the seller, for
the purpose of realization of rights and obligations under the contract and for the purposes of sending information
and commercial communications vendor.
4.9 Buyer acknowledges that it is obligated to your personal data (for registration,
in your user account when ordering from the web interface of the shop)
correctly and truthfully and without undue delay inform
Seller about any changes in his personal data.
5.9 The processing of personal data of the buyer, the seller may appoint a third
person as a processor. In addition to the persons transporting goods are not personal data
Seller without the prior consent of the buyer passed on to third parties.
6.9 Personal data shall be processed for an indefinite period. Personal data will be
processed electronically in an automated manner or in print
as a non-automated manner.
9.7. The buyer confirms that the personal information is accurate and that it was
advised that it is voluntarily provide personal information. Buyer
claims he was instructed that consent to the processing of personal data may
in relation to the seller revoked by written notice delivered to the address
8.9 In the event that the buyer thought the seller or processor
(Art. 9.5) performs the processing of his personal data that is inconsistent with the protection
private and personal life of the purchaser or in conflict with the law,
if personal data are inaccurate for the purpose of processing, can:
§ ask the seller or processor
explanation § require the seller or
processor to remedy the situation. This can especially be blocking,
correction, supplementing or liquidation of personal data. If the request is
the buyer pursuant to the preceding sentence is found justified, the seller or
processor remove the trouble. If it fails or seller
application processor, the buyer has the right to appeal directly to the Office for Protection
personal data. This provision shall not affect the buyer's permission to turn
his initiative to the Office for Personal Data Protection.
9.9 If the buyer requests information regarding the processing of their personal data, the
the seller must deliver this information. Seller has the right to provide
Information under the preceding sentence, require reasonable compensation not exceeding the costs
providing the necessary information.
9.10 Buyer agrees to receive information related to goods,
services or company the seller to the buyer's email address and
agrees to receive commercial communications by the seller on the e-mail address
1.10 Unless agreed otherwise, all correspondence related to the purchase
Contract must be delivered to the other Party in writing, by electronic
by mail, in person or by postal service
(Selected by the sender). The buyer is delivered to the e-mail address
specified in his user account.
2.10 The message is delivered:
§ In case of delivery by e-mail
upon its adoption by the incoming mail server; integrity of messages sent
e-mail can be ensured certificate,
§ In case of delivery in person or
postal service shipments takeover
§ In case of delivery in person or
postal service also denying receipt of the consignment,
If the addressee refuses (or person authorized to accept the consignment for him) shipment
§ In case of delivery through
postal operators expiry of ten (10) days after the deposit
shipment and taxes prompted the addressee to accept the shipment, if there store
shipment by the postal service, even if the addressee
11. FINAL PROVISIONS
11.1. If a relationship related to use of the Web site or the legal relationship
the purchase agreement includes an international (foreign) element, then the parties
They agree that the relationship is governed by Czech law. This does not affect the rights
consumers resulting from generally binding legislation.
2.11 The seller is entitled to sell goods on the basis of trade
authorization and activity of the seller is not subject to any other permissions. Živnostenská
control is carried out within the scope of their respective Trade Office.
3.11 If any provision of the Terms and Conditions is invalid or ineffective,
or becomes, instead of the invalid provision a provision whose
meaning is invalid provision comes closest. The invalidity or
ineffectiveness of one provision is without prejudice to the validity of the remaining provisions.
Amendments and supplements to the purchase agreement or terms and conditions require written
11.4. The purchase contract including terms and conditions is archived by the seller in
electronic form and is not accessible.
5.11 Contact details seller: postal address Dominik Ingr, Fryčajova 69, 614 00, e-mail address email@example.com, phone +420 720 273 955
In Brno on 13. 9. 2013