Commercial terms and conditions

Commercial terms and conditions

These commercial terms and conditions apply to the purchase of goods and services on the website partizanstore.eu. Commercial terms and conditions define rights and obligations of seller (operator, supplier), which is company Data Link s.r.o. with the office located at: Frantiska Divise 1275/1a, Uhrineves, 104 00 Prague, Czech Republic, registered in the Commercial register of municipal court in Prague, department C, № 152541.

1. Preliminary conditions

These commercial terms and conditions (hereafter referred to as “Conditions”) of the company Data Link s.r.o. with the office located at: Frantiska Divise 1275/1a, Uhrineves, 104 00 Prague, the Czech republic, registered in the Commercial register of municipal court in Prague, department C, № 152541, are regulated in accordance with Regulation § 1751 paragraph 1 Law № 89/2012 of the Civil Code of the Czech Republic (hereafter referred to as “Civil Code”), mutual rights and obligations of the parties, raised by or based on virtual sale agreement (hereafter referred to as “Sale Agreement”) between seller and the other person (hereafter referred to as “Buyer”) through the online store of seller. Online store of seller works on website partizanstore.eu. (hereafter referred to as “Website”) via web-interface (hereafter referred to as “Web-interface of the store”).

1.1 Regulations, which are different from commercial terms and conditions, can be included in sale agreement. In this case sale agreement prevails over regulations of commercial terms and conditions.

1.2 Regulations of commercial terms and conditions are integral part of sale agreement.

1.3 These terms and conditions are applied in statements, indicated on the seller’s website, in the day of entering into sale agreement. After confirmation of consumer order as concluded agreement between buyer and seller, it is archived with the aim to meet the conditions and consider them hereinafter, becoming available to the buyer. Agreement may be concluded in the Czech language, and possibly in other languages, if it is not the reason of impossibility of its conclusion.

2. User account

2.1 After buyer’s registration on the website, buyer gets access to his/her user interface. Through user interface (hereafter referred to as “account”) buyer can order goods from seller. If interface allows, buyer can order goods without registration directly through web-interface of the store.

2.2 During registration on the website and ordering goods, buyer must precisely and honestly provide all data. If there are some changes in data, provided in the account, buyer must update it. Data provided in the account and while ordering goods is considered as correct one by the seller.

2.3 Access to the account is protected with the user name and password. Buyer must keep confidentiality about information necessary for the access to his account.

2.4 Buyer is not entitled to give an opportunity to third parties to use his personal account.

2.5 Seller is not entitled to delete an account in case if buyer does not use his account during two years or if buyer violates obligations of sale agreement (including commercial terms and conditions).

2.6 Buyer takes into consideration that access to his account would not necessarily be permanent due to the need to maintain hardware and software equipment of seller or third parties.

3. Sale agreement conclusion

3.1 Presentation of goods through the web-interface of the store has informative character, and seller is not obliged to enter into sale agreement in accordance to these goods. Regulation § 1751 paragraph 1 Law № 89/2012 of the Civil Code of the Czech Republic is not applied in this case.

3.2 Website contains information about goods, including prices of the particular goods. Prices of goods are indicated with VAT and other possible taxes and fees. Prices of goods remain valid while they are shown on the website. This statement does restrict seller to enter into sale agreement based on individually-negotiated terms.

3.3 Website contains information about expenses related to package and delivery of goods. Information on the website about costs of packaging and delivery of goods is relevant only to goods delivery on the territory of EU.

3.4 To order goods, user has to fill application form in the web-interface of the store. Application form contains specific information about:

3.4.1 Ordered goods (ordered goods will be “put” in the shopping cart of the store web-interface)

3.4.2 Payment methods of stated good value, information about required method of delivery of ordered goods

3.4.3 Expenses related to delivery (hereafter jointly referred to as “order”)

3.5 Before confirmation of an order to seller buyer has possibility to check and change data indicated in the application form to reveal and correct possible mistakes while entering data in the application form. Buyer confirms and directs order to seller clicking the confirm order button. Indicated data in the application form is considered by seller as the correct one.

3.6 Confirming an order, buyer indicates chosen good, purchase price, personal data, and method of payment. Buyer has to fill in the application form with all obligatory data, become familiar with conditions on the website and confirm his agreement.

3.7 Immediately after ordering, seller confirms an order to buyer via electronic mail, to the electronic mail of buyer, indicated in the web-interface or order (hereafter referred to as “electronic mail of the buyer”).

3.8 Seller has right, depending on the type of order (quantity of goods, purchase price, estimated costs on delivery), to apply to buyer to get additional confirmation of an order (for example, in written form or by phone).

3.9 Agreement relationships between seller and buyer appear when customer’s order is accepted (accept), fact of which is confirmed by seller with the message by electronic mail to the electronic mail of buyer.

3.10 In case, if any requirement indicated in an order cannot be met by seller, he sends on the electronic mail of buyer amendment proposals, indicating possible variants of order and requesting buyer’s opinion.

3.11 Modified proposal will be considered as a new project of sale agreement, which will be concluded by electronic mail with the consent of buyer.

3.12 Buyer agrees with the use of means of communication when entering into sale agreement. Costs incurred by buyer for means of communication in connection with entering to sale agreement (costs for internet connection, telephone conversations) are payable by buyer.

3.13 All purchases of goods by services of electronic commerce are regulated by commercial terms and conditions.

3.14 By entering into an agreement, registered user, as a buyer party, confirms that he is familiar with commercial terms and conditions and agrees to them. Before the proceeding of orders buyer is able to become familiar with them.

3.15 Seller reserves the right to cancel an order of registered user or its part based on the agreement with registered client, if: a) goods are no longer produced b) goods have already been delivered, c) prices on goods have been changed essentially. If registered client has already paid part or the whole purchase sum, this sum will be turned to his account or address.

3.16 Ownership in the goods goes to registered user when he has entered into sale agreement and paid whole sum of ordered goods value.

4. Value of goods and terms of payment

4.1 To pay for goods through the services of electronic commerce registered user has right to use the following methods:

a) Prepayment – online payment

b) Prepayment – proforma invoice

c) In cash or by credit card in store.

d) Payment on delivery

4.2 Simultaneously with goods value buyer has to reimburse costs to seller in fixed sum related to packaging and goods delivery, if any. Unless there were direct additional agreements, below the text under goods value is implied costs, which are related to packaging and goods delivery.

4.3 In case of cash payment or payment forward, payment is made on delivery.

4.4 In case of non-cash payment, it should be taken into account that payment day and delivery date may vary (we ship goods only after receiving the whole sum of money on our account). When buyer receives goods personally, it is necessary to provide identity document (identity card, passport).

4.5 In case of non-cash payment, it is essential that the money were transferred to our account during five working days after an order confirmation. Otherwise, an order will be cancelled.

4.6 Possible discounts on goods value, provided to buyer from seller, cannot be summarized or combined in any way that differs from stated way by seller.

4.7 Purchases excluding VAT for corporate clients of EU countries. Corporate clients with VAT, registered in one of the UE countries, except for the Czech Republic, who can show actual VAT-number in European format, will not pay VAT. Purchases with 0% VAT for your company will be confirmed as soon as we check all data. Goods delivery is possible only to the legal address of a company. To check authenticity of VAT you my use hyperlink below: http://ec.europa.eu/taxation_customs/vies/.

4.8 Discount goods. Goods with the inscription “second quality” have minor faults or faults that are included in goods description. For goods mentioned as “second quality” is given guarantee for 12 months. Purchased goods can be turned back without explanation of reasons during 14 calendar days from the day of receiving. Prices for these goods are lower than prices on completely new goods.

4.9 According to the law about electronic recording of payments, Seller have to give to Buyer receipt. At the same time, Seller have to make online recording of received payment at government fiscal body; in case of technical problems, it has to be done not later than 48 hours since payment was received. EET (electronic recording of payments) apply for cash or credit card payments at our store or online payments at our eshop. Buyer confirm, that Seller may give him receipt in electronical form.

5. Termination of sale agreement

5.1 Buyer is informed that in accordance with article 1837of the Civil Code of the Czech Republic, in addition to all abovementioned, he cannot return goods and rescind sale agreement if:

5.1.1 in case of goods delivery, prices of which depend on fluctuation of financial markets out of seller control that may appear in the period of agreement termination,

5.1.2 goods were modified according to wishes of buyer and his representatives,

5.1.3 in case of goods with rapid deterioration and goods, which were irreversibly mixed with other goods after delivery,

5.1.4 goods are audio or video recordings, computer programs, whose original package was damaged by buyer,

5.1.5 in case of delivery of digital content, which is not delivered in material format and was received by prior approval of buyer, who was informed about impossibility of return by seller.

5.2 With the exception of cases, mentioned in p. 5.1 or some other cases, when it is impossible to terminate sale agreement, seller, in accordance with article 1837of the Civil Code of the Czech Republic has right to terminate sale agreement up to fourteen (14) days after receiving the goods, and if subject of sale agreement includes several types of goods or delivery involves several parts, this period begins when buyer receives the last part of goods. Notification of sale agreement termination must be sent to the address of seller in period, outlined in previous sentence.

5.3 To terminate sale agreement buyer may use standard form, provided by seller and enclosed to the current commercial terms and conditions. Notification of sale agreement termination can be sent by buyer to the address of registered office of seller. Ways of message delivery to seller about sale agreement termination and intention of buyer to return goods are mentioned in p. 11 of these conditions. Seller is obliged to confirm receiving of notifications in approved text form without undue delays.

5.4 In case of sale agreement termination based on p. 5.2 of commercial terms and conditions, sale agreement is cancelled. Goods must be returned to seller in period up to fourteen (14) days from agreement termination. If buyer terminates sale agreement, he bears the costs related to returning goods to seller, including case, when goods due to its type cannot be returned by ordinary mail.

5.5 In case of sale agreement termination based on p. 5.2, seller returns money, received from buyer, in period up to fourteen (14) days from sale agreement termination. Seller has right to refund money to customer when returning goods by buyer or in different way, if buyer agrees with this and does not bear additional costs. If buyer terminates sale agreement, seller is not obliged to return him money before buyer returns goods or if he confirms the fact of sending goods to the address of seller.

5.6 If along with goods buyer receives present, gift agreement between seller and buyer is made on the conditions, that in case of sale agreement termination, gift agreement on this present shall cease to have effect, and buyer is obliged to return received present along with goods.

6. Warranty claiming procedure

6.1 Complaint can be made only in the case if this goods are on warranty and its warranty period is not completed. Warranty period is indicated for each product in catalogue.

6.2 Product is not on the warranty and cannot be accepted for warranty claiming in such cases:

goods were broken after warranty period termination
goods were repaired incorrectly, installed incorrectly or modified by buyer
goods were used at variance with instruction
elements of goods during operation were damaged by water, lightning, fire or electric current
there were unauthorized changes of data in warranty document
6.3 Warranty covers goods, which were used properly, and faults, which are the result of manufacturer guilt. Complaints of mechanical failures, which were not obvious when goods were received, must be presented immediately after opening of product, i.e. immediately after the first use of product. Later complaints of mechanical failures in product are impossible to identify and accept to warranty claiming.

6.4 Warranty does not cover components, affected by wear, and faults, that appear during transportation, improper storage and rough exploitation. Shorter period of product durability is not a fault, which is why it cannot be accepted to warranty claiming.

6.5 While claiming it is necessary to show the document that proves payment and, possibly, also filled warranty document. Seller is legitimately released of the warranty obligations, if buyer has not noticed any faults in time, which he could deliberately detect during purchase.

6.6 Before shipping to customer, all goods are checked and tested. Seller is not responsible for damage, which may be caused by Czech post office or another transporter. Please, check your goods immediately after receiving. If goods are damaged, do not receive them.

6.7 In case of faults detection, please, connect with us in written form or by phone. Describe the faults of the product and other possible faults. As far as possible, send the goods back to our address, including detailed description of the faults. Pack the product thoroughly before sending it to seller. In case of improper package of product while sending it to seller, and, as a result, damage of the product during transportation, we are not responsible for any product malfunctions and goods will be sent back to sender. In case of any doubts and questions, please, connect with us in written form by the electronic mail rma@partizanstore.eu, through the contact form

https://partizanstore.eu/pages/reklamacni-rad

or by phone +420608880986.

7. Transportation and delivery of goods

7.1 If delivery method is agreed on request of buyer, buyer bears risk and possible additional costs, related to this method of delivery.

7.2 If seller, according to sale agreement, has to deliver goods to the place, indicated by buyer in delivery order, buyer is obliged to receive goods on delivery.

7.3 If because of buyer’s fault, goods need to be delivered more than once or in the other way, not indicated in order, buyer must pay additional costs, related to repeated delivery of goods and expenses related to other methods of delivery.

7.4 When receiving goods from transporter, buyer has to check integrity of goods’ package and, in case of any faults, immediately inform transporter. In case of package damages, that indicate its illegal opening, buyer does not have to receive goods from transporter.

7.5 Seller always tries to organize delivery in settled term, but he is not responsible for goods, which were not delivered on time, if it was related to the work of transporter, and therefore, seller could not influence on the speed of delivery without inadequate expenses increase.

8. Special conditions

8.1 Seller is not responsible for mistakes, omissions and technical difficulties when using website, which may occur while working with services of electronic commerce. If seller learns about inaccuracy of content and, if it is technically possible and economically appropriate, content will be corrected in short terms. This does not influence on seller’s responsibility, if, due to inadequate information on the website, buyer has bought by mistake these goods through the seller’s website.

9. Personal data protection

9.1 Personal data protection of an individual is provided in accordance with the law № 101/2000 about protection of personal data in current edition.

9.2 Buyer agrees with processing of this personal data: name and surname, residential address, identification number, identification number of taxpayer, electronic mail address, telephone number (hereafter referred to as “Personal data”).

9.3 Buyer agrees with personal data processing by seller with an aim to exercise rights and meet obligations under sale agreement and to support user account. If buyer does not chose another option, he agrees with personal data processing by seller with an aim to send commercial information and messages to buyer. Consent to personal data processing in full is not a condition, which could make it impossible to enter into sale agreement.

9.4 Buyer takes into consideration that his personal data (during registration, in user account, with orders made through web-interface of store) must be indicated without mistakes and truthfully; he must also inform seller without delays about changes in his personal data.

9.5 Seller has right to entrust processing of buyer’s personal data to the third party, who performs functions of handler. Seller, without prior permission of buyer, will not transfer to third parties his personal data, except for individuals, who deliver goods to buyer.

9.6 Personal data will be processed without time limits. Personal data will be processed in electronic form with automated method or in printed form with non-automated method.

9.7 Buyer confirms that given personal data is true and he is informed that providing of personal data is voluntary.

9.8 In case, if buyer assumes that seller or handler (p.9.5) processes his personal data with infringements in personal life security or abusing the law, especially if his personal data is used without aim of its processing, he has right to:

9.8.1 demand explanation from seller or handler;

9.8.2 demand improvement of this situation from seller or handler;

9.9 If buyer asks to provide information about personal data processing, seller must provide this information. Seller has right to provide information in accordance with previous sentence, demanding rational refund, which does not exceed expenses on its provision.

9.10 Personal data of clients is totally protected from abuse. Personal data of buyers may be transferred to the other underwritten individuals by seller. Further, buyer accepts and agrees with processing of personal data and transferring of them outside the Czech Republic on the same conditions.

9.11 Personal information may be disclosed by contractors of seller, including operators of social networks, such as Facebook, Twitter, YouTube, LinkedIn, Instagram, Pinterest, Vimeo, Snapchat etc., for abovementioned purposes and to provide information about seller, his production and advertising activity, including samples with marketing aims, sending of information about organized campaigns, production and other activities, moreover, to send commercial messages to buyer with the help of electronic means of communication in accordance with current legislation during the whole period of buyer’s registration functioning or till the cancellation of buyer’s agreement with receiving of this information. Furthermore, this data may be added to the other data (for example, transaction data).

10. Sending of commercial messages and cookie-files storage

10.1 Buyer agrees to receive information about goods, services or company of seller to electronic mail of buyer, and agrees to receive commercial messages from seller to electronic mail of buyer.

10.2 Buyer agrees to storage of cookie-files on his computer. In case, if purchase on website meets these commercial terms and conditions or sale agreement with storage of cookie-files, buyer may withdraw his consent to use cookie-files at any time.

10.3 If you do not want to permit this website to use cookie-files, you may switch them off in settings of your browser. In case, if you change your mind, you may switch them on in the same way.

11. Information delivery

11.1 Parties may maintain correspondence on a regular basis by electronic mail. Address of electronic mail of buyer is indicated in account of buyer or buyers, or indicated directly in order form. Electronic address of seller is indicated, correspondingly, on the website of seller.

12. Final provisions

12.1 Parties agreed that if relations, based on sale agreement, include elements of international trade, these relations are regulated by Czech legislation. This regulation does not affect consumers, followed from obligatory legal provisions.

12.2 If any regulation of commercial terms and conditions is invalid or ineffective, or it will become invalid or ineffective, such regulation will be changed for regulation that corresponds implicitly to invalid regulation. Invalidity or inefficiency of certain regulation does not influence on validity of other regulations. Changes and additions to sale agreement or commercial terms and conditions require written form.

12.3 Sale agreement, including commercial terms and conditions, is archived by seller electronically and is inaccessible.

12.4 Application to commercial terms and conditions is sample form for sale agreement termination.

12.5 Seller is not responsible for any direct or indirect losses, experienced by buyer, which occur in relation to purchase, installation, exploitation or malfunctions of purchased goods (cost of installation, removal, repair, loss of expected profit, time, transport or other damages).

12.6 All disputes, related to fulfillment of obligations of this Agreement, are settled by negotiations. If parties do not come to mutual agreement, dispute may be submitted to Arbitration court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic in defined legislative order.

12.7 Buyer has right to submit and settle his dispute without courts. Czech trading inspection (www.coi.cz) is the subject of such out of court disputes.

12.8 Seller has right to sell goods on the basis of business license. Trade control is provided within corresponding business representative. Control in the field of personal data protection is provided by Administration of personal data protection. Czech Trade Inspection, within the established range, controls compliance of law № 634/1992, Consumer rights protection in new edition.

12.9 Seller, in relation to buyer, is not limited by any codes of conduct, in accordance with regulations § 1826 p.1 sp. e) of Civil code 89/2012.

Contact connection with Seller. Address for delivery: Data Link s.r.o., Frantiska Divise 1275/1a, Uhrineves, 104 00 Prague, Czech Republic.

Address of email: sales@partizanstore.eu, tel. +420 608880986.

13. Validity of Trading Conditions

13.1 Commercial terms and conditions enter into force on February 23, 2017.

Form of WARRANTY CLAIMING