I. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued on the basis of § 1751 et seq. of Act No. 89/2012 of the Czech Republic.
PIOTR JACEK TREMBECKI
ID: 88236919
TIN: CZ682976981
based: Lipovská 325/17, Jeseník, 790 01
contact details:
email:info@modiglass.eu
telephone:+48 604 081 780
www:modiglass.eu
(hereinafter referred to as "Seller")
2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and the natural person who concludes a purchase contract outside his/her business activity as a consumer or in the framework of his/her business activity (hereinafter: "Buyer") via the web interface located on the website available at www.modiglass.eu (hereinafter: "Online Shop").
3. The provisions of these terms and conditions shall form an integral part of the purchase contract. Any different provisions of the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the Purchase and Sale Agreement are concluded in English.
II. Information on goods and prices
1. Information about the goods, including the prices of the individual goods and their main features, is listed in the catalogue of the online shop. The prices of the goods include VAT, all related charges and the cost of returning the goods if they cannot be returned by normal post. The prices of the goods shall remain valid for the duration of their display in the online shop. This provision does not exclude the negotiation of a purchase contract on individually agreed terms and conditions.
2. All presentations of goods placed in the catalogue of the online shop are for information purposes only and the seller is not obliged to conclude a purchase contract concerning these goods.
3. Information on costs related to packaging and delivery of goods is published in the online shop. The information on packaging and delivery costs provided in the online shop applies only if the goods are delivered within the European Union.
4. Any discounts on the purchase price of the goods may not be combined with each other unless otherwise agreed by the Seller and the Buyer.
III. Order and conclusion of the purchase contract
1. The costs incurred by the buyer when using means of distance communication for the conclusion of the purchase contract (Internet connection costs, telephone costs) shall be borne by the buyer himself. These costs vary according to the country of the buyer.
2. The buyer orders the goods as follows: via his customer account if he has previously registered with the online shop, by filling in an order form without registration.
3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the buyer has the opportunity to check and change the data he has entered in the order. The buyer sends the order to the Seller by clicking on the button : "Add to cart". The data provided in the order is considered by the Seller to be correct. The validity of the order is conditional on the completion of all mandatory data in the order form and confirmation by the buyer that they have read these terms and conditions.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and is not regarded as a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is not concluded until the order has been received by the Seller. Notification of order acceptance is delivered to the Buyer's e-mail address.
6. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller will send a revised offer to the Buyer at his e-mail address. The revised offer will be deemed to be a new proposal for a purchase contract, and the purchase contract will be concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Seller has received notification of acceptance of the order. The Buyer may cancel an order by sending a request to the Seller's e-mail address indicated in these Terms and Conditions.
8. In the event of an obvious technical error on the part of the Seller when quoting the price of the goods in the online shop or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for this obviously erroneous price, even if an automatic order confirmation has been sent to the Buyer in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a corrected offer to the Buyer's e-mail address. The corrected offer shall be deemed to be a new purchase contract proposal and the purchase contract will be concluded in such a case by confirmation of receipt by the Buyer to the Seller's e-mail address.
IV. Customer account
1. After registering the buyer in the online shop, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering a customer account and ordering goods, the Buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in the event of any change. The information provided by the Buyer in the customer account and when ordering goods will be deemed correct by the Seller.
3. Access to the customer account is protected by a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The Seller may delete the user account, in particular if the Buyer no longer uses his user account or if the Buyer breaches his obligations under the Purchase Contract or these Terms and Conditions.
6. The Buyer acknowledges that the User Account may not be available on a continuous basis, in particular with regard to necessary maintenance of the Seller's hardware and software or necessary maintenance of third party hardware and software.
V. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer as follows:
by bank transfer to the seller's bank account:
CZK č.:2801831997/2010,
EUR IBAN CZ30 2010 0000 0026 0183 2004, BIC/SWIFT:FIOBCZPPXXX
held at FIO BANKA, A.S.,
cashless by credit card, bank transfer to the seller's account via the payment gateway Revolut Bank UAB
payment on delivery / cash on delivery only for deliveries to the Czech Republic.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs of packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
4. In the case of payment via a payment gateway, the buyer should follow the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller's bank account.
6. The Seller does not require any deposit or other similar upfront payment from the Buyer. Payment of the purchase price prior to dispatch of the goods does not constitute a deposit.
7. Under the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the sales received with the online tax administrator in the event of a technical failure within 48 hours at the latest.
8. The goods are delivered to the buyer:
to the address specified by the buyer in the order.
9. The choice of delivery method is made during the ordering process.
10. The cost of delivery of the goods depending on the method of dispatch and collection of the goods is specified in the Buyer's order and in the Seller's order confirmation. If a method of delivery is agreed upon at the Buyer's special request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
11. If the Seller is obliged under the Sales Contract to deliver the goods to the place indicated by the Buyer in the order, the Buyer shall be obliged to collect the goods upon delivery. If, for reasons attributable to the Buyer, it is necessary to deliver the goods more than once or in a different manner than specified in the order, the Buyer shall be obliged to cover the costs related to the repeated delivery of the goods or the costs related to the different manner of delivery.
12. On receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, if any defects are found, to notify the carrier immediately. If the packaging is tampered with indicating unauthorised interference with the consignment, the Buyer may not accept the consignment from the carrier.
13. The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the Buyer's e-mail address.
14. The buyer acquires title to the goods by paying the full purchase price of the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the buyer at the time of taking delivery of the goods or when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.
VI. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period shall be 30 days from the date of receipt of the goods, from the date of acceptance of the last delivery of goods if the subject of the contract is several types of goods or the delivery of several parts from the date of acceptance of the first delivery of goods if the subject of the contract is a regular, recurring delivery of goods.
3. The buyer cannot, among other things, rescind the purchase contract:
the provision of services if they have been performed with the buyer's prior express consent before the end of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in this case the buyer does not have a right of withdrawal,
the supply of goods or services whose price is dependent on fluctuations in the financial market which are beyond the seller's control and which may occur during the withdrawal period,
for the delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond the seller's control,
for the delivery of goods which have been modified in accordance with the wishes of the buyer or his person,
the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
the delivery of goods in sealed packaging which the purchaser has taken out of the packaging and which cannot be returned for hygiene reasons,
delivery of a sound or visual recording or a computer program if its original packaging is damaged,
delivery of newspapers, magazines or journals,
the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the buyer's prior express consent before the end of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in this case the buyer does not have a right of withdrawal,
in other cases specified in § 1837 of the Civil Code.
4. In order to meet the withdrawal deadline, the buyer must send a declaration of withdrawal within the withdrawal period.
5. To withdraw from the Purchase Contract, the buyer may use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Contract to the Seller's e-mail address or delivery address specified in these Terms and Conditions. The Seller shall immediately acknowledge receipt of the form to the Buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the date of withdrawal. The buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by post in the usual manner due to their nature.
7. In the event of withdrawal from the contract by the Buyer, the Seller shall return to the Buyer without delay, but no later than within 14 days of withdrawal from the contract, in the same manner, all monies received from the Buyer, including delivery costs. The Seller shall only return the monies received from the Buyer by other means if the Buyer has agreed to this and no additional costs arise.
8. If the Buyer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the costs of delivering the item at the rate corresponding to the cheapest ordinary method of delivery offered by the Seller.
9. If the buyer cancels the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer has delivered the goods to the seller or proved that the buyer has sent the goods to the seller.
10. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off the claim for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
11. The Seller shall be entitled to withdraw from the Sales Contract due to a stock-out, unavailability of the goods or cessation of production or import of the goods by the manufacturer, importer or supplier of the goods. The Seller shall immediately inform the Buyer of this via the e-mail address indicated in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.
VII. Rights arising from faulty workmanship.
1. The seller is liable to the buyer for the goods being free from defects at the time of receipt. In particular, the seller is liable to the buyer for the fact that the goods are free from defects at the time of receipt by the buyer:
the goods have the characteristics agreed upon between the parties or, in the absence of an agreement, they have the characteristics described by the seller or the manufacturer or expected by the buyer on account of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose specified by the seller for their use or for which such goods are normally used,
the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship is determined in accordance with the agreed sample or specimen,
the goods are in the correct quantity, measure or weight and the goods comply with the legal requirements.
2. The seller has defective workmanship obligations at least to the extent that the manufacturer's defective workmanship obligations continue. Otherwise, the buyer is entitled to exercise the right of defect that exists in consumer goods within twenty-four months of receipt.
3. If the period for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal provisions, the provisions on the quality guarantee shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose or will retain their usual properties for a specified period. If the buyer has rightfully accused the seller of a defect in the goods, the period for exercising the rights arising from the defective workmanship and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price in respect of a defect for which a lower price was agreed, to wear and tear of the goods caused by normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had at the time of taking over by the buyer, or if this is due to the nature of the goods. The buyer shall not be entitled to defective workmanship if he knew the goods to be defective before taking over or if the buyer caused the defect himself.
5. In the event of a defect, the buyer may file a complaint with the seller and request that the defect be rectified:
exchange for new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdraw from the contract.
6. The buyer has the right to withdraw from the contract:
if the goods have a material defect, if he cannot make proper use of the goods due to a recurrence of a defect or defects after repair, in the event of a large number of defects in the goods.
7. A material breach of contract is a breach of contract of which the breaching party knew or must have known at the time of entering into the contract that the other party would not have entered into if it had foreseen the breach.
8. In the case of a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to the rectification of the defect or a reasonable discount on the purchase price.
9. If the repairable defect has occurred more than once after repair (usually a third claim for the same defect or a fourth claim for different defects) or the goods have more than one defect (usually three or more defects at the same time), the buyer has the right to demand a reduction in the purchase price, replacement of the goods or withdrawal from the contract.
10. When lodging a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is only possible if the buyer has requested the rectification of a defect that has proved to be irreparable. If the buyer does not choose his right for a material breach of contract within the deadline, he shall have the same rights as in the case of an immaterial breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price after withdrawal from the contract.
12. If the seller proves that the buyer knew of the defect in the goods before receipt or caused the defect himself, the seller is not obliged to settle the buyer's claim.
13. The buyer may not claim the return of discounted goods for the reason for which the goods were discounted.
14. The seller is obliged to accept the complaint at any place where the complaint can be accepted, if possible also at its registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer exercised his right, what the content of the complaint is and what manner of handling the complaint the Buyer demands, as well as confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
15. The seller or an employee authorised by the seller will decide on the complaint immediately, in complicated cases within three working days. This time limit does not include the time appropriate to the type of product or service necessary for a professional assessment of the defect. The complaint, including the rectification of the defect, must be dealt with immediately, within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline is deemed to be a material breach of contract and the buyer is entitled to withdraw from the purchase contract. The moment at which the buyer's declaration of intent (exercise of right from faulty workmanship) reaches the seller is deemed to be the moment at which the complaint is made.
16. The seller will inform the buyer in writing of the outcome of the complaint.
17. The buyer shall not be entitled to defective workmanship if the buyer knew before taking possession of the thing that the thing had a defect or if the buyer himself caused the defect.
18.In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. This right may be asserted by the buyer against the seller within one month after the expiry of the guarantee period, otherwise the court may not grant it.
19. The buyer has the right to choose the method of complaint.
20. The rights and obligations of the contracting parties with regard to rights arising from faulty performance are governed by §§ 1914-1925, 2099-2117 and 2161-2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.
21. Other rights and obligations of the parties relating to the seller's liability for defects are governed by the seller's complaints regulations.
VIII. Correspondence
1. The parties may transmit all written correspondence to each other by e-mail.
2. The Buyer is obliged to deliver correspondence to the Seller to the e-mail address indicated in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the e-mail address indicated in the Buyer's customer account or order.
IX. Personal data.
1. All information provided by you when you interact with us is confidential and will be treated as such. Unless you give us written permission, we will not use your data in any way other than for the performance of the contract, with the exception of your e-mail address, to which commercial communications may be sent, as this is permitted by law, unless you refuse. These messages may only relate to similar or related goods and can be unsubscribed from at any time by simple means (by sending a letter, email or clicking on a link in a commercial message). The email address will be kept for this purpose for 3 years after the last agreement between the parties.
2. More detailed information on data protection can be found in the Privacy Policy HERE.
3. As part of the Verified by Customers programme in which our online shop participates, we determine your level of satisfaction with your purchase by means of surveys sent by email. These are sent every time you make a purchase with us, unless you refuse to receive them in accordance with Article 7(3) of Act No. 480-2004 Coll. on certain information society services. The processing of personal data for the purpose of sending surveys under the Verified by Customers programme is carried out on the basis of our legitimate interest, which is to determine your satisfaction with your purchase from us. We use the services of the processor Heureka.cz, the operator of the Heureka.cz portal, to send surveys, evaluate user feedback and analyse our market position; for this purpose, we may provide Heureka.cz with information about purchased goods and your e-mail address. The user's personal data will not be passed on to third parties for their own purposes when sending e-mail questionnaires. The user may object to the sending of Customer Verified e-mail questionnaires at any time by rejecting further questionnaires via a link in the questionnaire e-mail. If you object, we will not continue to send the questionnaire.
X. Out-of-court dispute resolution
1. The Czech Trade Inspection with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification number: 000 20 869, internet address: https://adr.coi.cz/cs, is the competent authority for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.
2. The European Consumer Centre 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 dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The seller is entitled to sell goods on the basis of a trade licence. Commercial control is carried out within the scope of its competence by the competent commercial office. The Czech Trade Inspection Authority, within the specified scope, supervises, inter alia, compliance with Act No. 634/1992 Coll. on consumer protection.
XI. Final provisions
1. All contracts between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that this relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally applicable laws.
2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) (e) of the Civil Code.
3. All rights to the Vendor's website, in particular copyright in the content, including the layout of the website, images, videos, graphics, trademarks, logos and other content and elements, belong to the Vendor. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for any errors resulting from interference by third parties with the Online Shop or use of the Online Shop contrary to its intended purpose. The Buyer shall not carry out, when using the Online Shop, any operations that could adversely affect its functioning and shall not carry out any activities that could enable him or third parties to interfere with the software or other elements of the Online Shop or to use it in an unauthorised manner or to use the Online Shop or its parts or software in a manner contrary to its purpose or objective.
5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 (2) of the Civil Code.
6. The sales contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
7. The Seller may amend or supplement the Terms and Conditions. This provision shall not affect the rights and obligations created during the validity period of the previous version of the Terms and Conditions.