TERMS AND CONDITIONS
of the company PAS Jablonec a.s.
Registered seat: Vzdusna 25, 466 01 Jablonec nad Nisou, Czech Republic
Identification number: 25411322
VAT Identification number: CZ25411322
Registered in Regional Court in Ústí nad Labem, File B 1258
for the sale of products through its on-line shop at the internet address www.beadshop.eu
E-mail address: firstname.lastname@example.org
Phone: +420 483 423 111
Business hours: orders on-line through internet shop: 24 hours each day (inclusive week-end)
Business hours of business premises: Monday-Friday: 8,00-15,00 o´clock
1. GENERAL PROVISIONS
1.1. These Terms and Conditions are governing mutual rights and duties of contract parties originated in connection or based on particular purchase contract (the “Purchase Contract”) concluded between the company of PAS Jablonec a.s. registered seat Vzdusna 25, 466 01 Jablonec nad Nisou, Czech Republic (the “Seller”) and other natural or partificial person (the “Customer”) through the Seller’s e-shop. The e-shop is run by the Seller on the Website through the interface of the Website (hereinafter only as the “Web interface of the e-shop”).
1.2. By using the Website, the Customer agrees to be bound by the terms set forth herein. The Seller may change the Website, these Terms and Conditions, or the policies and conditions that govern the use of the Website at any time
1.3. Provisions different from the Terms and Conditions can be negotiated in the Purchase Contract. Different provisions included in the Purchase Contract take precedence over provisions of those Terms and Conditions. All relationships established between the Seller and the Customer, especially Purchase Contracts and these Terms and Conditions are governed by the law of the Czech Republic, especially by the Act no. 89/2012 Coll., Civil Code, as amended (the “Civil Code”) and both parties agree with that. Any dispute that will not be resolved by conciliation shall be finally decided, with exclusion of the jurisdiction of the common courts of justice, in arbitration proceedings compliant with the law no. 216/1994 of the Collection of Laws of the Czech Republic, before one Arbitrator appointed by the Arbitrážní soud České Republiky, o.s. (Arbitration Court of the Czech Republic), IN 2369 88 879. The Arbitrator will be appointed and the arbitration proceedings will be conducted in compliance with the Rules of the Arbitration Court of the Czech Republic that is available on www.rozhodcidolozka.cz . Both Contracting parties agree that they will accept the arbitral award as binding and final and that the cost of the arbitration proceedings shall be borne by the Party that lost.
1.4. The purchase Contract including the Terms and Conditions is archived by the Seller in an electronic form and it is not accessible.
2. USER ACCOUNT
2.1. Based on the Customer’s registration performed on the Website, the Customer can access their user interface. From their user interface the Customer can undertake the ordering of products (hereinafter only as the “User Account”). If the Web interface of the e-shop allows it then the Customer can undertake the ordering of products even without their direct registration from the Web interface of the e-shop.
2.2. During registration and/or ordering of products on the Website, the Customer shall state all their information correctly and truthfully. The Customer shall update all their information included in the User Account if there is any modification. Information included in the Customer’s account and during the ordering of products is considered to be true and up-to-date.
2.3. Access to the User Account is protected by a username and a password. The Customer shall maintain confidentiality about such information necessary for access to their User Account.
2.4. The Customer does not have the right to grant access to their User Account to any third person.
2.5. The Seller has the right to cancel any User Account, especially in the case when the Customer is not using their User Account for more than 2 years or if the Customer violates their duties arising from a particular Purchase Contract (including these Terms and Conditions).
2.6. The Customer acknowledges that their User Account does not have to be available at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software or hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The Web interface of the e-shop contains information about products including prices. Prices of offered products and services include value added tax and all other related fees and taxes. Prices of products are valid for the time period when they are displayed on the Web interface of the e-shop. This provision shall not restrict Seller’s right to conclude the Purchase Contract according to individually agreed terms.
3.2. The expenses connected with packing and delivery of ordered products depend on parameters of the packed shipment , e.g. on total weight, size, or total value of products. The final sum of expenses for packing and delivery is always stated before any request for payment is made.
3.3. To order any products, the Customer shall fill in the order form on the Web interface of the e-shop. This order form contains information especially about:
- the ordered products and ordered quantities (they shall be “inserted” into the electronic shopping basket on the Web interface of the e-shop by the Customer),
- the method of payment of the purchase price,
- the requested type of delivery and the approximate expenses connected with the delivery of products. (together as the “Order”)
3.4. Before the Order is submitted to the Seller, the Customer can check and modify any information which has been placed into the Order.
3.5. The Order shall be sent by the Customer to the Seller by using the button “Complete Order”. Information included in the Order is considered to be correct and truthful. The Seller shall notify the Customer about their receipt of the Order via the e-mail the Customer has listed in their User Interface or their Order (the “Customer’s electronic address”).
3.6. The Seller has the right to request an additional confirmation of the Order from the Customer (e.g. in a written form or by phone) depending on the type of a particular Order (e.g. amount of products, purchase price, expected transport expenses).
3.7. The contractual relationship between the Seller and the Customer shall be valid from the date and time of the confirmation of the acceptance of the Order being delivered; such confirmation shall be sent by the Seller to Customer’s electronic address.
3.8. The Customer agrees with the fact that a means of distant communication will be used for the conclusion of each Purchase Contract. The Customer’s expenses connected with the use of the means of distant communication in connection with the conclusion of the Purchase Contract (expenses for internet connection, phone calls) shall be paid for by the Customer themselves and that such expenses are not different from the basic rate. The Seller itself will not charge the Customer any payment for the distant communication.
3.9. Presentation of products on the Web interface of the e-shop is only informative and the Seller is not obliged to conclude the Purchase Contract regarding such products. The provision § 1732, par. 2 of the Czech Civil Code shall not be used.
4.1. The Seller is responsible for the quality of dispatched goods.
4.2. The Customer has to control the quality and quantity of received goods immediately after their receipt.
4.3. Claims of visible defects must be claimed within 15 days after receiving of goods by Customer.
4.4. The Customer can execute his rights arising from a defective performance within 24 months since when the products were received unless otherwise given by the laws of the Buyer´s country. All claims must be lodged in writing form.
4.5. If the nature of claims requires, samples of claimed goods in original packing or at least together with the original packing must be enclosed.
4.6. If the claim is accepted, the Seller has to repair a claimed defect or replace it by new product at his own cost.
4.7. In the case that it is not possible to repair the claimed product or replace it by a new product, the Buyer can require a price reduction.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Customer acknowledges that it is not possible to withdraw from the Purchase Contract on delivery of products which have been individually modified according to the Customer’s wish or on delivery of products which has been irretrievably mixed with other products after its delivery.
5.2. If it is not the case mentioned in Article 5.1 or another case when it is not possible to withdraw from the Purchase Contact, then the Customer has the right to withdraw from the Purchase Contract within fourteen (14) days since the receipt of such products. The Customer does not have to state any reason for doing so. If there are partial deliveries of the Purchase Contract, then such period begins when the last delivery of products is taken over. Withdrawal from the Purchase Contract shall be sent to the Seller within the aforementioned time period. The Customer can send their withdrawal from the Purchase Contract either: - to e-mail address email@example.com (preferred)
- to the Seller’s headquarters: PAS Jablonec a.s., Vzdusna 25, 466 01 Jablonec nad Nisou, Czech Republic.
5.3. In the case of withdrawal from the Purchase Contract according to Article 5.2, the Purchase Contract shall be cancelled from the beginning. Products shall be returned to the Seller address:
PAS Jablonec a.s.
466 01 Jablonec nad Nisou
within fourteen (14) days of the Customer’s withdrawal from the Purchase Contract. Expenses connected with the returning of products to the Seller shall be paid by the Customer
5.4. In the case of withdrawal from the Purchase Contract according to the Article 5.2 of those Terms and Conditions the Seller shall return money received from the Customer within fourteen (14) days after receiving of returned goods.
5.5. In compliance with the provision § 1832 of the Civil Code the Customer has the right to demand the return of money connected with the transport of products (postage) when it was purchased (not when it was returned).
However, this claim cannot exceed the price of the cheapest delivery option offered by the Seller (even in the case where the Customer selected a more expensive option during their Order).
5.6. If the returned products were damaged before return, the Seller has the right to unilaterally offset the claim for the compensation of damage of products against the Customer’s claim for the refund of the purchase price.
5.7. Before the products are received by the Customer, the Seller has the right to withdraw from the Purchase Contract at any time. In such case the Seller shall refund the purchase price to the Customer without undue delay.
6. OTHER RIGHTS AND DUTIES OF THE CONTRACT PARTIES
6.1. The Customer shall acquire the ownership right for products when the full purchase price is paid.
6.2. Extrajudicial settlements of the consumer’s complaints are ensured by the Czech Trade Inspection Authority (CTIA), registered seat: Štěpánská 567/15, 120 00 Praha 2, Czech Republic, internet address www.coi.cz/en/.
6.3. The Seller has the right to sell products based on their trade license. Trade supervision is performed by the Trade Office within its authority. Czech Trade Inspection Authority performs within the given scope supervision over the compliance with the Act no. 634/1992 Coll., on consumer’s protection, as amended.