TERMS AND CONDITIONS
of sales of goods by Rotorama, s.r.o., with its registered office at Okrajová 1351, 67401 Třebíč, Czech Republic, Company ID No.: 051 57 692, via online shop at www.rotorama.cz.
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as „Conditions") govern in accordance with provision 1751(1) of Law no. 89/2012 Coll., Civil Code (hereinafter the „Civil Code") the mutual rights and obligations arising out of purchase contract (the „Purchase Contract“) between Rotorama, s.r.o., with its registered office at Okrajová 1351, 67401 Třebíč, Company ID No.: 051 57 692 (hereinafter referred to as „Seller“) and any other natural person (hereinafter the „Buyer“) via online shop of the Seller. Online shop is operated by the Seller on a website accessible at www.rotorama.cz or similar Internet addresses under the national TLD domain name (hereinafter the „Website“), and via the website interface (hereinafter the „Website Interface“).
1.2 Legal relationships shall be concluded in accordance with Czech legal system.
1.3 Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or to cases where natural person orders goods in the scope of business or self-employment purposes.
1.4 Provisions derogating from Conditions may be agreed in the Purchase Contract. Divergent provisions in the Purchase Contract shall prevail over the Conditions.
1.5 Provisions of the Conditions are an integral part of the Purchase Contract. The Purchase Contract and Conditions are drafted in Czech language. The purchase Contract may be concluded in Czech language.
1.6 Conditions may be amended by the Seller. This provision shall not affect the rights and obligations, which came into effect under the previous version of Conditions.
1.7 All information contained on this website including design, text, images, and other parts of the website accessible at www.rotorama.cz are considered intellectual property of the Seller and are protected by copyright laws. It is forbidden to copy, redistribute or process it otherwise, except for acts related to the purchase. The Buyer agrees not to engage in any activities that could allow him or third persons to unlawfully use or interfere with the software or other content of the Website Interface.
2. USER ACCOUNT
2.1 Upon online registration of the Buyer, the Buyer gets an access to user account (hereinafter „User Account“). Through the User Account the Buyer may order goods. In case the Website Interface allows it, Buyer may order goods directly from the Website Interface without registration as well.
2.2 The Buyer is obliged to provide true and correct information in the process of registration and ordering goods. The Buyer is obliged to update the information in User Account upon any change. All the information provided by the Buyer in the User Account is deemed correct.
2.3 Access to the User Account is secured by user name and password. The Buyer is obliged not to disclose information required to access the User Account.
2.4 The Buyer shall not allow third parties to use the User Account.
2.5 Seller may abolish any User Account, especially when the Buyer does not use it for over two years, or when the Buyer breaches obligations arising out of the Purchase Contract (including Conditions).
2.6 Buyer acknowledges that the User Account may not be available permanently, especially with regard to the necessary maintenance of Seller’s hardware and software or necessary maintenance of hardware and software of third parties.
3. PRE-CONTRACTUAL INFORMATION
3.1 The Seller informs that particular components are subject to a Purchase Contract. A service of installation (In case of interest at the Buyer’s side) is considered a value-added service to the Buyer by the Seller.
3.2 In accordance with provision 1820 of the Civil Code the Seller informs that:
• The cost of the distant communication is not different from the standard rate (in case of the Internet and phone communication it depends in the terms of a provider). The Seller does not charge any additional fees and does not cover them. It does not apply to delivery fees etc.
• If the Buyer is a consumer, he has the right of withdrawal, if the Purchase Contract was concluded via distance communication. Further requirements and terms are specified in a section 6 of the Conditions.
• In case of withdrawal from the contract the Buyer (even the consumer) pays the costs of returning the goods, and in case the purchase contract is concluded through via distant communication, the Buyer pays the costs of returning the goods if the goods can not be returned by post as usual due to its nature.
4. ENTERING INTO A PURCHASE CONTRACT
4.1 Any presentation of the goods at the Website is informative. The Seller is not obliged to conclude a Purchase Contract concerning this information. The provision 1732 (2) of the Civil Code does not apply.
4.2 Web interface provides information concerning goods, including the prices of particular items and the costs of returning the goods in case the goods may not be returned by post as usual due to its nature. Prices of goods are Inc. VAT and all related fees. Prices of goods remains in effect until changed in the Web Interface. This provision does not affect Seller’s right to conclude contracts including individually negotiated terms.
4.3 Website Interface contains information of the costs associated with packaging and delivery. Information of the costs associated with packaging and delivery of the goods listed in the Website Interface varies according to the destination country of delivery.
4.4 To order goods, the Buyer fills an order form available at the Website. Order form contains particular information about:
• Ordered goods (The Buyer „inserts“ goods to be ordered into an electronic shopping cart in the Website Interface),
• Method of payment of the purchase price, details of the desired method of delivery of goods and,
• Information on the costs associated with the delivery of goods,
• (Hereinafter referred to as the „Order“).
It is required to fill all the mandatory fields specified in the order form in order to proceed. Otherwise the system does not allow the Buyer to complete and send an order.
By concluding the Purchase Contract the Buyer confirms that he is familiar and agrees with Conditions. The Buyer is adequately notified and has an opportunity to acquaint with the Conditions prior to carrying out orders.
4.5 The Buyer is allowed to review and modify order details before sending it to the Seller in order to extend Buyers option to detect and correct any errors, which appeared during an entry. The Buyer sends the order by clicking on „Dokončit objednávku“. The data specified in the Order by the seller are deemed correct. Seller promptly confirms the Order via email. The confirmation email is sent at the email address of the Buyer specified in the User's Account or in the Order (hereinafter referred to as „Electronic Address“).
4.6 According to the nature of the order (quantity of goods, purchase price, estimated shipping costs) The Seller is always entitled to ask the buyer for an additional confirmation (such as in written form or by phone).
4.7 The legal relationship between Seller and Buyer is formed by delivery of order acceptance (acceptance), which is sent to the Buyer electronically at Buyer’s Electronic Address.
4.8 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those who previously seriously breached the Purchase Contract (including Conditions).
4.9 Buyer agrees with using the means of distance communication when concluding the Purchase Agreement as described above in section 3. Costs incurred by the Buyer when using means of distance communication in connection with concluding a Purchase Contract (costs of internet access, phone costs) are paid by Buyer and these costs do not differ from the standard rate.
5. PRICE AND PAYMENT TERMS
5.1 The price of goods and any costs associated with the delivery of goods according to the Purchase Contract is to be paid by the Buyer to the Seller in the following ways:
• By bank transfer to the Seller's account,
• By transfer through Borgun online payment gateway.
5.2 Along with the purchase price, the Buyer shall pay the costs of packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes all the costs of delivery of goods.
5.3 The seller does not require the Buyer to pay a deposit or other similar payment. This does not affect provision 5.6 of Conditions, concerning the obligation to pay the purchase price in advance.
5.4 In case of cashless payment the price is payable within 7 days from the conclusion of the Purchase Contract.
5.5 In case of cashless payment, the Buyer is obliged to pay the purchase price, using the variable symbol of the payment. In case of cashless payment the Buyer’s obligation to pay the price is fulfilled at the time the appropriate amount is credited to the Seller's account.
5.6 The seller is entitled to require a full payment of purchase price before sending the goods to the Buyer, especially if the Buyer does not provide additional confirmation (section 4.6). The provision 2119 (1) of the Civil Code does not apply.
5.7 Discounts of the price of goods provided by the Seller to the Buyer may not be combined.
5.8 In case it is considered customary in business relations or required by generally binding legal regulations, the Seller issues an invoice for payments arising from the Purchase Contract. Seller is VAT payer. The invoice is issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Buyer's Electronic Address.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT AND RETURN OF
6.1 Buyer who is considered a consumer and concluded the contract with the seller by means of distance communication (the Internet www.rotorama.cz) has, in accordance with section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Contract without having to justify the withdrawal, within fourteen (14) days after:
• The date of conclusion of the contract, or
• The date of the takeover of goods, or
• The date on which the last supply of goods is taken over when the contract includes several kinds of goods or the supply of several parts.
The provision above does not apply to other Buyers!
Buyer acknowledges that pursuant to section 1837 of the Civil Code, consumer may not withdraw from the Purchase Contract for the supply of goods which were customised or personalised according to the Buyer’s instructions, while this applies to assembly at the Buyer’s wish as an added-value service as specified in section 3.1. The Buyer may not withdraw from the Purchase Contract for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply, for the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons, as well from a Purchase Contract for the supply of audio or video recordings or a computer program, if the original packaging is breached.
6.2 Withdrawal from the contract is required to be sent to the Seller within the period specified in section 6.1. For withdrawal from the Purchase Contract the Buyer may use the online form provided by the Seller. The Buyer may withdraw from the Purchase Contract using the address of the seller or the seller's email address firstname.lastname@example.org.
6.3 Upon withdrawal from the contract, the obligation is extinguished from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall pay all the cost of returning the goods to the seller, even in the case the goods may not be returned using usual postal route subject to their nature, while it is impossible to return them as cash on delivery consignment.
6.4 The Buyer is obliged to return the goods including documentation complete an undamaged in original packaging and condition as he received it. The Buyer acknowledges that in case the Buyer returns goods damaged, worn or removed from the sealed protective packaging, the Seller is entitled to a compensation for such damages. The Seller is entitled to set off the costs of damages against the refund.
6.5 In case of withdrawal pursuant to sections 6.1, 6.2 of Conditions the Seller returns the funds received from the Buyer within fourteen (14) days from the withdrawal from the contract by the Buyer the same the Seller received it. The Seller is also entitled to refund performance at the time of returning the goods by the Buyer or by other means, unless the Buyer agrees to and there are no additional costs. In case the Buyer withdraws from the contract, the Seller is not obliged to return the funds before the Buyer returns goods to the Seller or proves that the goods has been sent.
6.6 In case the Buyer has the right to withdraw from the Purchase Contract in accordance with section 1829 (1) of the Civil Code, the Seller is entitled to withdraw from the contract at any time as well until a takeover of the goods. In this case, the Seller returns the purchase price, without undue delay by bank transfer to an account designated by the Buyer. The Buyer is entitled to recover the funds for transportation only in the extent of lowest appropriate amount (if the Buyer choses more expensive means of transport).
6.7 If the Buyer is provided a gift along with the goods, the gift agreement between Buyer and Seller is concluded with a subsequent condition that in case there is a withdrawal from the contract, gift agreement is no longer effective and the Buyer is obliged to return provided gift along with the goods. In case the gift will not be returned, it shall be regarded as an unjust enrichment of the Buyer. The Seller is entitled to a payment equal to the market price of gift in case the gift may not be returned.
6.8 The buyer may not withdraw from the contract if:
• Sealed goods are unsealed after supply by the consumer,
• The order is made individually,
• The supply contains goods individually customized or personalised, typically assembled at the Buyer’s request etc.
7. TRANSPORTATION AND DELIVERY
7.1 In the case of delivery of the goods to the Buyer, the address specified by the Buyer in the order is considered a place of performance. In case the means of transport is negotiated based on the special request of the Buyer, the Buyer bears the risk and additional costs associated with it.
7.2 If the Seller is obliged to deliver the goods to a place specified by the Buyer in the order pursue to the Purchase Contract, the Buyer is obliged to take over the goods on delivery.
7.3 If the goods need to be delivered repeatedly or by different means of transport than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods or the costs associated with other means of transport.
4.7 When taking over the goods from the carrier the Buyer is obliged to check the integrity of the packaging of goods, and in case of any defects to notify the carrier immediately. In case of finding the packaging damaged or finding an unauthorised intrusion into consignment the Buyer may not take over the goods.
5.7 Special terms and conditions issued by the Seller may, if issued, modify other rights and obligations of the parties in the transport of goods.
8. RIGHTS ARISING OUT OF DEFECTIVE PERFOMANCE
8.1 Before unpacking and assembling goods we strongly recommend reading the warranty and any instructions for removal and assembly, and following these instructions. Otherwise, the Buyer bears the risk of improper handling or assembly and damage thus caused may not be considered as arising from liability for defects.
8.2 The rights and obligations of the parties concerning defective performance is governed by the relevant legislation (in particular by provisions 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., Consumer Protection Act, as amended).
8.3 A seller is liable to a buyer for a defect-free condition of a thing upon takeover. A seller is in particular liable to ensure that at the time the buyer takes over the thing:
• The thing has the properties stipulated by the parties, and in the absence of such a stipulation such properties which the seller or producer described, or which the buyer expected given the nature of the goods concerned and the advertising presented by the seller or producer,
• The thing is suitable to be used for the purpose stated by the seller or to which the thing of such kind is usually used,
• The thing’s quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
• The thing has the quantity, measurement or weight and
• The thing meets the requirements laid down by legal regulations.
8.4 The provisions referred to in section 8.3 of Conditions do not apply to a defect of a thing sold for a lower price for which the lower price was stipulated, to the wear and tear of a thing caused by its normal use, to a defect of a used thing corresponding to the extent of use of the thing or its wear and tear upon takeover by the buyer, or if it follows from the nature of the thing.
8.5 In case there is a defect within six months from takeover, the thing is presumed to have already been defective upon takeover. The buyer is entitled to assert his right arising from a defect, which occurs in consumer goods within twenty-four months from the takeover.
8.6 The rights arising from defects are asserted against the Seller at the address of Seller’s place of business, which is suitable concerning the assortment or in the registered office of the Seller.
8.7 Other rights and obligations of the parties relating to the liability of the seller for defects may be modified by the complaints procedure issued by the Seller.
9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1 The buyer acquires the right of ownership of the goods by paying the entire purchase price.
9.2 Seller is not bound by codes of conduct according to section 1826 (1) paragraph e) of the Civil Code in relation to the Buyer.
9.3 The Seller deals with consumer complaints through email address email@example.com. The Seller sends all the Information on the settlement of the complaint to the Buyer's email address.
9.4 The out of court settlement of consumer disputes arising from the Purchase Agreement shall by settled by the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, Website address: http://www.coi.cz. Platform for dispute resolution is available online at http://ec.europa.eu/consumers/odr and can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Contract.
9.5 European Consumer Centre Czech Republic, with it registered office at Štěpánská 567/15, 120 00 Prague 2, Website address: http://www.evropskyspotrebitel.cz is the focal point of the 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 consumer ODR)
9.6 The seller is authorized to sell goods by a business licence. Trade inspection is carried out by the authority of the Trade Office. Supervision of privacy is exercised by the Office for Personal Data Protection. Czech Trade Inspectorate performs supervision within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
9.7 The Buyer takes the risk of a substantial change in circumstances in accordance with section 1765(2) of the Civil Code.
10 PERSONAL DATA PROTECTION
10.1 Personal data protection for Buers, who are considered natural persons, is provided by Act no. 101/2000 Coll., On the Protection of Data Protection, as amended.
10.2 The Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address and phone number (hereinafter referred to as „Personal Information“).
10.3 The Buyer agrees to the processing of personal data by the Seller, for the purpose of realization of rights and obligations arising from the contract and for the purpose of maintaining User Account.
The Buyer agrees to process of Buyer’s personal data by the Seller for the purpose of commercial use as well, if he does not express differently. Consent to the processing of personal data in its entirety according to this article is not a requirement that would prevent a conclusion of a Purchase Contract.
10.4 Buyer acknowledges that it is mandatory to fill Buyer’s personal data (during registration, in User Account, when ordering from the Website Interface) correctly and truthfully and inform the Seller about any changes of the personal data in without undue delay.
10.5 The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
10.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form manually.
10.7. The Buyer was advised that it is voluntary provision of personal data and confirms that the personal data is accurate.
10.8. If the Buyer finds or presumes that the Seller or the processor is carrying out processing of his personal data, which is in contradiction with the protection of private and personal life of the data subject or in contradiction with the law, in particular if the personal data are inaccurate concerning the purpose of their processing, he may:
• Ask the Seller or processor for explanation,
• Require the Seller or processor to remedy the arisen state of affairs.
10.9 If the Buyer requests information on the processing of his personal data, the Seller shall be obliged to provide him with this information.
For provision of this information the Seller shall be entitled to require a reasonable reimbursement not exceeding the costs necessary for provision of information.
10.10 The Seller is registered at the Office for Personal Data Protection, Registration No.: 00068107.
11. COOKIES AND COMMERCIAL COMMUNICATION POLICY
11.1. The Buyer agrees to receive information related to the goods, services or company of the Seller to the buyer's email address and agree to receive commercial communication to the Buyer's email address from the Seller.
11.2 Buyer agrees with saving Cookies on his computer. In the case of purchase can be made without using cookies on the Buyers computer, the Buyer may withdraw the consent mentioned in the previous sentence at any time.
12. COMMUNICATION DELIVERY
12.1 Emails may be delivered to The Buyer’s Electronic address.
13. FINAL PROVISIONS
13.1 The risk of damage to a thing passes to the buyer simultaneously with the takeover of the goods. Refusing to taker over the goods, despite the Seller made it possible, has the same effect. If the Seller hands over the goods to a carrier in order to deliver them to the Buyer at the place arranged in the purchase agreement, the Buyer passes the risk of damage to carrier at this point, if the place has not been arranged, the risk of damage passes by handing the goods over to the first carrier. Damage to goods incurred after passing the risk of damage to the goods does not affect the obligation to pay the purchase price, unless the Seller caused the damage by violating his obligations.
13.2 Buyer acknowledges that in the case of goods that require assembly, the goods are not considered defective when improper assembly or other improper act causes the defect and negative consequences are attributable to the Buyer.
13.3 If the legal relationship arising out of the Purchase Agreement includes an international (foreign) element, parties agree to govern it by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
13.4. If a provision of these Conditions is or becomes illegal, invalid or unenforceable, it shall be replaced with a valid, legal and enforceable provision which comes as close as possible to that of the invalid, illegal or unenforceable provision. The invalidity or unenforceability of one provisions the validity or enforceability of any other provisions of these Conditions.
13.5. The Purchase Contract including Conditions is archived by the Seller in electronic form and is not accessible.
13.6. Seller’s contact details: postal address for all the communication: Rotorama, s.r.o., Mánesova 83, 12000 Praha 2
13.7. These Conditions are drafted in Czech and English language versions. In case of discrepancies between the language versions, the Czech language version shall prevail.
These Conditions take effect on 9.9.2016.