Terms and conditions
Name: BETA obchodní společnost s.r.o.
Registered office: Křižanská 1, Liberec XXII – Horní Suchá, 460 10 Czech Republic
ID No.: CZ 25407457
Registered: C 15917 vedená u Krajského soudu v Ústí nad Labem
Phone: +420 775 059 643 / +420 732 766 278
E-mail address: email@example.com, firstname.lastname@example.org
The Seller obliges himself to respond to any written or e-mail correspondence from the Buyer without delay, not later than within the period of two working days.
All information on goods and prices given by the Seller shall have a binding effect, except in the case of an obvious error. Prices are presented inclusive of all taxes (such as VAT), charges and fees, save for the costs of delivery.
Information on accepted methods of payment is available here. The Seller requires no fees depending on the method of payment. In accordance with the Act on Registration of Sales, the Seller is obliged to issue for the Buyer a receipt. At the same time he is obliged to register with the tax administrator online any received revenue; in the event of a technical failure this must be done within 48 hours.
Acceptance of an offer with any amendment or deviation shall not be considered as acceptance.
Confirmation of the content of an agreement concluded otherwise than in writing, that presents deviations from the content actually agreed, shall not have any legal effect.
Acceptance of any unsolicited performance by the Buyer shall not imply his acceptance of the offer.
Photographs set out on the shop’s website correspond to the goods sold.
Before the conclusion of an agreement, the Seller shall make available the relevant instructions for use in their electronic form.
3. Delivery of goods
The Seller shall deliver the goods to the Buyer complete and not later than within 5 days of his confirmation of the order, unless for particular goods a different delivery period is specified. Goods indicated as being “in stock” shall be dispatched by the Seller within two working days. The Buyer is obliged to take the delivery and to pay for it. It is recommended for the Buyer to check the received goods as soon as possible.
Documents relating to the goods, particularly the tax document, letters of confirmation and certificates, shall be sent by the Seller to the Buyer upon his receipt of the goods, but not later than within two days of the date when the goods were received by the consumer.
At the Buyer’s request, the Seller shall confirm to him in writing the scope and duration of his obligations arising from defective performance and the way in which the Buyer can exercise his rights arising from them.
Prices and ways of delivery (information available for download here)
If the Seller fails to keep the time limit set for his delivery or dispatch of the goods, he shall deliver the goods to the Buyer free of charge and shall grant him a 5% discount from the purchase price. This shall be without prejudice to the other Buyer’s claims.
If the Buyer fails to take the delivery within the agreed time, having breached his obligation, he shall be obliged to pay to the Seller a storage fee in the amount of CZK 10 per each day of such delay, but not more than CZK 300. The Seller shall be entitled, after a notice provably sent to the Buyer by e-mail and after granting him a new reasonable period of time to take the delivery, to sell the goods in an appropriate manner. The Seller shall be entitled to offset the costs of storage and in vain delivery of the goods caused by the lack of cooperation on the Buyer’s part, at a strictly necessary amount, against the proceeds of sale.
4. Cancellation of order and withdrawal from the agreement
The Buyer may withdraw from the agreement within 30 days of his receipt of the delivery or its last part, regardless of the method of this receipt or the method of payment. The mentioned time period is intended to allow the Buyer to get reasonably acquainted with the nature, features and functionalities of the goods.
The Buyer shall have the right to withdraw from the agreement even at any time before the delivery of the goods.
The Buyer shall send or hand over his notice of withdrawal from the agreement to the Seller within the period of 30 days. The Buyer shall not be obliged to state the reason for his withdrawal from the agreement. In order to facilitate the communication, it is useful to include in such notice the date of purchase or the number of the agreement / sales receipt, bank account details and the chosen method of return of the goods.
The Seller shall be obliged to repay to the Buyer the amount fully corresponding to the goods price and the paid costs of delivery within 14 days of the date of withdrawal from the agreement, in the same way as he has received the payment from the Buyer. Where the Seller offers, within a particular delivery method, several options, he shall be obliged to refund to the Buyer the cheapest one of them. The Buyer shall be obliged to send or hand over the purchased goods to the Seller not later than within the same time period. The goods shall be returned to the Seller (not as COD) complete and preferably in the original package and must be free of signs of wear and tear or damage. The costs of return of the goods shall be borne by the Buyer.
If the Buyer returns the goods in person in the Seller’s establishment, the Seller shall repay him the above mentioned amounts within 7 days of the date of his withdrawal from the agreement.
If the returned goods are damaged due to any breach of the Buyer’s obligations, the Seller shall be entitled to seek compensation for a diminished value of the goods from the Buyer and to offset it against the repaid amount.
Exceptions: The right to withdraw from the agreement may not be exercised for agreements on the supply of digital content, if such content has not been supplied on a physical carrier medium, or for agreements on the provision of services, in both cases provided that they have been fully performed with an explicit prior consent of the Buyer and before the expiry of the withdrawal period; furthermore, for agreements on the supply of services or goods (including alcoholic beverages) where the price depends on fluctuations of the financial market beyond the Seller‘s control; for agreements on the supply of goods tailored to the consumer’s wishes or for the consumer’s person, and for agreements on the supply of perishable goods, for goods that have been irreversibly mixed with other goods or taken out from a sealed package and cannot be returned for health reasons; for deliveries of audio or video recordings or computer programmes, if the Buyer has broken their original package; for deliveries of newspapers, magazines or other periodicals; for agreements on accommodation, transport, catering or leisure activities provided at a specified time or for agreements concluded on the basis of a public auction in accordance with the law governing public auctions.
A sample / on-line form for withdrawal from the agreement is available here.
Option: The Seller provides to the Buyer a model instruction on his right of withdrawal (to be found in documents).
5. Rights and obligations from defective performance
Quality upon receipt
In case of any deficiencies of the received goods (e.g. if the goods lack the agreed or rightfully expected properties, they are not suitable for the common or agreed purpose, they are not complete, they have not been delivered in the required quantity, size or weight, or their quality does not correspond to other legal, contractual or even pre-contractual parameters), these shall be regarded as defects of the goods for which the Seller is liable.
The Buyer may claim with the Seller, within two years of his receipt of the goods according to his requirements, free removal of a defect or a reasonable price reduction; where it is not disproportionate to the nature of the defect (in particular where the defect cannot be remedied without undue delay), he may claim also delivery of a new item free of defects or a new part free of defects (if the defect is limited to such part).
Where the repair or replacement of the goods is not possible, the Buyer may require repayment of the full purchase price on the basis of his withdrawal from the agreement.
Within the period of six months after the receipt of the goods it shall be assumed that the defect of the goods already existed at the time of their receipt.
The Seller shall not be obliged to accommodate the Buyer’s claim if he proves that the Buyer was aware of the defect prior to his acceptance of the goods or if the Buyer himself caused it.
In case of the sale of used goods, the Seller shall not be liable for defects corresponding to the extent of their previous use or wear. If the items are sold for a reduced price, the Seller shall not be liable for any defect for which the reduced priced has been agreed. Instead of the right to replacement, in these cases the Buyer shall have the right to an appropriate price reduction.
Statutory rights from defects
The Seller shall be liable for defects that came into being after the Buyer’s receipt of the goods for the 24month warranty period or for the period of their useful life as stated in advertisements, on packages or in the accompanying instructions for use.
Within that period, the Buyer may lodge a complaint and may require, at his own option, for a defect that constitutes a material breach of the agreement (regardless of whether or not the defect is removable):
- removal of the defect through delivery of a new item free of defects or through delivery of a missing item;
- removal of the defect by means of a repair free of charge;
- appropriate discount from the purchase price; or
- repayment of the purchase price on the basis of withdrawal from the agreement.
A breach of agreement shall be considered material, if the defaulting party already at the time of conclusion of the agreement knew or had to know that envisaging it, the other party would not enter into the agreement.
For defects that constitute a minor breach of the agreement (regardless of whether or not the defect is removable), the Buyer shall be entitled to removal of the defect or to an appropriate reduction of the purchase price.
In case of recurrence of a removable defect after repair (third complaint concerning the same defect or forth complaint concerning various defects) or if the goods have multiple defects (at least three defects at once), the Buyer may exercise his right to a discount from the purchase price, replacement of the goods or withdrawal from the agreement.
The Seller shall not be liable for defects resulting from the normal wear and tear or from the non-observance of the instructions for use.
For selected goods, the Seller obliges himself to offer an extended contractual warranty.
For selected goods priced above CZK 3000, the Seller obliges himself to provide to the Buyer free of charge an extended contractual warranty for at least 36 months.
6. Handling of complaints
The Buyer is obliged to lodge his complaint with the Seller or with an entity designated to carry out the repair without undue delay after his detection of the defect. If he lodges it in writing or by e-mail, he should include his contact details, description of the defect and his requirements for the way of settlement of the complaint. A form available for download here.
The Buyer is obliged to notify the Seller of the right chosen by him at the time of defect notification or without undue delay after it. Any change of his choice without the Seller’s consent shall be possible only if he has required repair for a defect that turns out to be non-repairable.
If the Buyer fails to choose his right arising from a material breach of the agreement in due time, he shall have the same rights as in the case of a minor breach of the agreement.
The Buyer is obliged to prove his purchase of the goods (preferably with a purchase document). The time limit for the complaint settlement shall start to run from the date of handover / delivery of the goods to the Seller or to the place designated for their repair. During the transportation the goods shall be appropriately packaged to prevent their damage; they shall be clean and complete.
The Seller is obliged to decide on the complaint or, as the case may be, that for his decision an expert judgement is needed, without delay, but not later than within three working days. He shall inform the Buyer of the need for an expert judgement within the same period. The complaint, including removal of the defect, shall be settled by the Seller without undue delay, not later than 14 days from the date of its lodging, unless he agrees with the Buyer in writing a longer period. After expiry of this period, the Buyer shall have the same rights as in the case of a material breach of the agreement.
Should the Seller refuse to remove a defect in an item, the Buyer may require an appropriate price reduction or he may withdraw from the agreement.
The warranty period shall be extended by the time elapsed between the date of lodging of the complaint and the date of its settlement or the date when the Buyer was obliged to pick up the item. Where the item or its part has been replaced, the Seller’s liability shall be the same as in the case of purchase of a new item or its part.
If it is not possible to follow the progress of complaint settlement on-line, the Seller obliges himself to inform the Buyer of the result according to his request by means of an e-mail message or SMS.
In the case of a justified complaint the Buyer shall be entitled to compensation of all properly incurred expenses.
The Seller obliges himself to process complaints for items of urgent need (prams, medical devices etc.), including removal of the defect, without undue delay, not later than within 14 days of their lodging, unless he agrees with the Buyer in writing a longer period. Alternatively, the Seller may provide to the Buyer, for the period of complaint processing, a replacement product.
7. Personal data protection
The Buyer agrees that the personal data provided by him will be processed and stored by the Seller in accordance with the Act on Personal Data Protection (No. 101/2000 Coll.) for the purpose of performance of the agreement. The Buyer shall have the right to be informed which data on him the Seller registers and to modify them or, as the case may be, express in writing his opposition to their processing. The supervision of personal data protection shall be exercised by the Office for Personal Data Protection.
The Seller obliges himself not to provide the personal data of the Buyer to any third parties other than the contractual carrier for the purpose of delivery of the goods.
The Seller shall allow purchase without registration, in which case the data of unregistered buyers shall be used solely for the performance of the agreement and not for marketing or commercial purposes.
The Seller shall be entitled to send to the Buyer his own commercial communications only if the Buyer has actively asked for them and only until the Buyer notifies him that he wants to stop their sending.
The Buyer may send such notice to an e-mail address obtained in connection with the performance of the agreement, without incurring any costs.
8. Settlement of disputes
Mutual disputes between the Seller and the Buyer shall be resolved by ordinary courts.
Pursuant to Act No. 634/1992 Coll., on consumer protection, as amended, each Buyer who is at the same time the consumer shall have the right to an out-of-court settlement of consumer disputes arising from a purchase agreement or from a service agreement. The entity competent for these out-of-court settlements is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz.
The out-of-court settlement of a consumer dispute shall be commenced solely upon a consumer’s motion and only where it has not been possible to resolve the dispute directly with the Seller. Such motion may be lodged within 1 year of the date when the consumer exercised his right at issue with the Seller for the first time.
The consumer shall have the right to initiate the out-of-court settlement of a dispute online through the ODR platform, available on the website ec.europa.eu/consumers/odr/. The Buyer may also request advice on his consumer rights from dTest, o.p.s. via www.dtest.cz/poradna or the phone No. (+420) 299 149 009.
The Seller obliges himself to seek preferably the out-of-court settlement of his disputes with the Buyer, if not refused by the Buyer. Such out-of-court dispute settlement can be achieved also through the service “VašeStížnosti.cz” on the website www.vasestiznosti.cz.
This procedure is neither a mediation pursuant to Act No. 202/2012 Coll., on mediation, as amended, nor an arbitration pursuant to Act No. 216/1994 Coll., on arbitration and on enforcement of arbitration awards, as amended, and its use is without prejudice to entitlement of the parties to refer their claim to the Czech Trade Inspection Authority or to a court.
During negotiations on the out-of-court dispute settlement, neither the limitation period nor the prescription period pursuant to the Civil Code runs or starts to run, until any of the disputing parties explicitly declines to continue the negotiations.
If the Buyer agrees, the Seller obliges himself to strive for the fulfilment of the advisory opinion of dTest.
The supervision of compliance with the obligations arising under Act No. 634/1992 Coll., on consumer protection, as amended, shall be carried out by the Czech Trade Inspection Authority (www.coi.cz).
9. Miscellaneous (unevaluated item of terms and conditions of sale)
For the purpose of these terms and conditions of sale, the Buyer shall mean a consumer, i.e. a person that unlike the Seller does not act, in concluding and performance of the agreement, in his/her commercial or professional capacity.
For the purpose of these terms and conditions of sale, the Seller shall mean an entrepreneur who unlike the Buyer acts, in concluding and performance of the agreement, in his commercial or professional capacity.
Other matters not mentioned herein shall be governed by the Civil Code (No. 89/2012 Coll.), Act on the Consumer Protection (No. 634/1992 Coll.) and other laws and regulations, as amended.
The agreement and related issues shall be governed by the Czech law.
Modification of these terms and conditions of sale made in any other form than mutually agreed written form is excluded.
These terms and conditions of sale shall come into effect on January 1, 2014.