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Terms & Conditions

of company TOPAK Ltd.
established in Drnovice 322, Drnovice 67976
Identification number: 26215977
VAT ID: CZ26215977
for the sale of goods through an online store located on the Internet address eshop.topak.cz
 
  1. Introductory provisions
  2. User account
  3. Purchase contract
  4. The price of goods and terms of payment
  5. Withdrawal from the contract
  6. Transport and delivery of goods
  7. Complaints about delivered goods
  8. Other rights and obligations of the parties
  9. Protection of personal data and sending of commercial messages
  10. Business communication and storage of cookies
  11. Delivery
  12. Final provisions
     

Forms for download:

Form for filling a complaint. (.docx)(.doc)(.odt)
Form for withdrawal from the contract. (.docx)(.doc)(.odt)

1. Introductory Provisions

1.1. These Terms and Conditions of commercial company TOPAK Ltd., established in Drnovice, Drnovice 322, Postal Code 679 76, ID No. 26215977, VAT ID: CZ26215977 registered in the Commercial Register at the Regional Court in Brno, in Section C and part 36990 (hereinafter referred to as „Seller“) regulate the mutual rights and obligations of the parties arising in connection with or under the purchase agreement (hereinafter „Purchase agreement) concluded between the Suyer and another natural person or legal entity (hereinafter reffered to as „Buyer“) through the online shop of the Seller. Online shop is operated by the Seller on the Internet address eshop.topak.cz through the website interface (hereinafter reffered to as „shop web interface“). Relations not covered by these Terms and Conditions adhere to valid laws of the Czech Republic, in relation to a buyer who is not an entrepreneur, by Civil Code No. 40/1964 Coll, by Consumer Protecting Act No. 634/1992 Coll. and relationship with a buyer who is an entrepreneur shall be governed by Commercial Code No. 513/1991 Coll. as amended in the relevant amendatory acts. Legal relations arising from the contract between the seller and the buyer are governed by the laws of the Czech Republic. For the purpose of the purchase is for consumers considered legal or individual person who made a purchase at the e-shop of the seller of goods for purposes other than trading.

1.2. Provisions derogating from the terms and conditions can be negotiated in the purchase agreement. Divergent arrangements in the contract shall prevail over the terms of trade.

1.3. The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.

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2. User account

2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). If the web interface allows it, buyers can also order goods without registration directly from the shop web interface.

2.2.During registration on the website or ordering of goods the buyer is obliged to provide correct and true information. If there is any change to those data, buyer is required to update them. The data provided by the buyer during user account creation and ordering goods are deemed to be correct.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account and acknowledges that Seller shall not be liable for any breach of this obligation by the buyer.

2.4. Buyer shall not allow the use of a user account to third parties.

2.5. Seller may cancel a user account, especially if the buyer have not used their account for more than 12 months, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).

2.6. Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or necessary maintenance of hardware and software of third parties.

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3. Purchase contract

3.1. All merchandise presentation in the web interface of trade is for information purposes and seller is not obliged to conclude a purchase contract regarding this product. The provisions of § 1732 Sec. 2 of the Civil Code does not apply.

3.2. The web interface provides information about the goods, including the prices of individual goods. Prices of offered goods are inclusive of value added tax and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the shop web interface. This provision does not limit the seller to conclude a purchase contract with individually negotiated terms.

3.3. The web interface of the shop also includes information about the costs of packaging and delivery.

3.4. To order goods, the buyer fills an order form in the shop web interface. Order form contains particular information about:

3.4.1. ordered goods (ordered goods are inserted by the buyer into an electronic shopping cart of shop web interface),

3.4.2. method of payment of the purchase, details of the required method of goods delivery,

3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").

3.5. Before sending of the order to the seller, the buyer is allowed to check and modify data in order to detect and correct errors during data entry into the order. The order is placed after buyer clicks on the "Confirm Order" button. The data referred to in the order are deemed to be correct by the seller. Seller immediately confirms the order upon its reception by sending of confirmation e-mail on electronic mail address that the Buyer provided in the shop user interface or in the order (hereinafter referred to as "electronic address of the purchaser").

3.6. Seller is always entitled to ask the buyer for additional confirmation (such as writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).

3.7. The contractual relationship between the seller and buyer arises by the acceptance of buyers order by seller. The buyer is informed about this via e-mail.

3.8. Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those, who previously breached its obligations to the seller.

3.9. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the closing of the purchase contract (cost of internet access, telephone costs) are covered by the Buyer, these costs do not differ from the standard rate.

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4. The price of goods and payment terms

4.1. Price of the goods and any costs associated with the delivery of goods according to the contract may be payed in the following ways:

  • Cash on delivery at the place designated by the buyer in order (Applies only for Czech and Slovak republic)
  • bank transfer to the seller's account no. 2177975339/0800, held by Česká spořitelna a.s. (hereinafter referred to as "Seller Account");
  • through a loan provided by a third party.

4.2. The buyer is obliged to pay the costs associated with the purchase contract and packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.

4.3. The seller does not require the buyer to pay a deposit or other similar payments. This is without prejudice to the provisions of Article. 4.6. business conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is due upon receipt of goods. In the case of cashless payment of the purchase price is due within 14 days of the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods and provide the variable symbol of payment. In the case of cashless payment buyers´ obligation is fulfilled by the time when the appropriate amount is credited to the seller's account.

4.6. The seller is entitled, especially if the Buyer does not provide an additional confirmation of the Order (Art. 3.6), to require the payment of the full purchase price before shipment to buyer. provision § 2119 Sec. 1 of the Civil Code does not apply.

4.7. Any discounts provided to the buyer cannot be combined.

4.8. If it is usual in trade relations or if so determined by generally binding legal regulations, the Seller issues an invoice in respect of payments made under a contract for buyer. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of goods and send it electronically to the email address provided by the buyer.

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5. Withdrawal from the contract

5.1. Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things, cannot withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or his person, from the contract for the supply of goods subject to rapid deterioration, as well as goods that were irretrievably mixed with other goods after delivery, from the contract of the sealed goods which were unsealed by the consumer, for hygienic reasons it is not possible to return from a purchase such goods as well as contract for the supply of audio or video recordings or computer program, if breached their original packaging.

5.2. If it is not the case under Art. 5.1 and about other cases where you cannot withdraw from the contract, the buyer in accordance with § 1829 Sec. 1 of the Civil Code, has the right to withdraw from the contract, within fourteen (14) days from receipt of the goods, if the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract must be sent to the seller within the period specified in the preceding sentence. To withdraw from the contract the buyer may use a form template provided by the seller, annexed to business conditions. The buyer may send withdrawal from the contract at the address of the seller or the seller's e-mail address eshop@topak.cz.

5.3. In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods cannot be returned because of their nature usual postal route.

5.4. In case of withdrawal pursuant to Art. 5.2 seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the contract in the same way as the seller has received funds from the buyer. The seller is also entitled to return deliverables by the buyer at the time of returning the goods by the buyer or otherwise, unless the buyer will agree to and do not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obligated to return the funds received to the buyer before he returns buyer of goods or prove that the goods were sent back to the seller.

5.5. The seller is entitled to claim for damages to the goods unilaterally against the Buyer's claim for refund of the purchase price.

5.6. Pending the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller will return the purchase price to the buyer without undue delay, by the bank transfer to an account designated by the buyer.

5.7. If there is a gift given to the buyer with ordered goods, a gift agreement arises between the buyer and Seller and it is concluded with a resolutive condition that occurs when buyer wants to withdraw from the contract. The buyer must return given gift along with ordered goods and gift agreement loses its effectiveness.

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6. Transport and delivery of goods

6.1. In case that the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this form of transport.

6.2. If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.

6.3. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or cost associated with other delivery method.

6.4. When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In the event of breach of the package the buyer does not have to receive the shipment from the carrier.

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7. Rights of defective performance

7.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code).

7.2. Seller is responsible that the goods on delivery have no defects. And that the conditions of goods at the time of delivery to buyer are as following:

7.2.1. the goods has properties that the parties negotiated, in case of the absence of agreement, the properties of goods are such as the seller or manufacturer has described or as buyer expected given the nature of the goods and on the basis how they are advertised,

7.2.2. the goods are fit for the purpose given by the seller or for the purpose that is normal with this type of goods,

7.2.3. the goods grade or quality corresponds to the agreed sample or template, if quality or grade  was determined in accordance with the agreed sample or model,

7.2.4. the goods was delivered in the right quantity, measure or weight,

7.2.5. the goods comply with all legal requirements.

7.3. The rights of defective performance can be brought to bear at the seller´s premises in Drnovice 322, Drnovice 67,976, where the seller can receive possible defective sold goods. The moment of the claim acceptance is considered to be the moment when the seller receives the claimed goods from the buyer.

7.4. Other rights and obligations of the parties relating to the liability of the seller for defects of sold goods can be modified by the seller´s complaints procedure.

7.5. Buyer acknowledges the importance of care symbols of the purchased goods. Failing to properly taking care of products resolves in expiration of buyer´s right to claim. More information about care symbols that we use, can be read here.

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8. Other rights and obligations of the parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.

8.3. Out-of-court complaints is provided by seller via e-mail address eshop@topak.cz. Information about the disposition of the complaint is send by the seller at buyer's email address.

8.4. The seller is entitled to sell the goods to a merchant. Trade control is carried out within the scope of their respective Trade Office. Supervision privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the specified range, inter alia, supervising compliance with the Act no. 634/1992 Coll., On consumer protection, as amended.

8.5. Buyer hereby takes on himself the risk of changing circumstances within the meaning of § 1765 Sec. 2 of the Civil Code.

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9. Protection of personal data and sending of commercial messages

9.1. Privacy of purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.

9.2. Buyer agrees with processing of their personal data: name, address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "personal data").

9.3. Buyer agrees with processing of his personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purposes of maintaining user´s account. If the buyer does not select another option, he agrees that this data can be used by Seller for commercial and informational purposes. Agreeing to the processing of personal data in its entirety pursuant to this article is not a condition that alone would make it impossible to make purchase contract.

9.4. Buyer acknowledges that he is required to provide personal information (when registering, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller of any change in their personal data.

9.5. Seller may appoint a third party as a processor of buyer´s personal data. In addition to the persons transporting goods personal information about buyer are not passed on to third parties without prior consent of the buyer.

9.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.

9.7. Buyer acknowledges that the personal information is accurate and that he was advised that it is provided voluntarily.

9.8. In case that the buyer thought that the seller or processor (Art. 9.5) are processing his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data is inaccurate with respect to the purpose of processing, he can:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or processor to remedy the situation,

9.9. If the buyer requests information about the processing of their personal data, the seller must respond to this request. Seller has the right to provide information pursuant to the preceding sentence and can require reasonable compensation not exceeding the cost of providing the necessary information.

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10. Communication and storage of cookies

10.1. Buyer agrees to receive information related to goods, services or company of the seller, this information will be send to the buyer's email address, concurrently buyer agrees to receive commercial messages from Seller to buyer's email address.

10.2. Buyer agrees with saving so called Cookies on his computer. In the event that the purchase on the website can be made and obligations of the seller to perform the contract of sale without storing of Cookies on buyer´s computer, buyer may consent the agreement from the preceding sentence at any time.

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11. Delivery

11.1. Buyer may receive messages to the email address specified in his user account or given by the buyer in the purchase order.

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12. Final Provisions

12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or happens to be so, instead of the invalid provision a provision which meaning is as close as possible to the invalid provision is applied. The invalidity or unenforceability of one provision does not affect any other provisions. Amendments and supplements to the purchase contract or business conditions require written form.

12.3. A model form for withdrawal from the contract is attached to the business conditions.

12.4. Contact detials of Seller: Drnovice 322, 67976  Drnovice, e-mail address eshop@topak.cz, telephone No. +420 516 472 116.

 
In Drnovice on January 1, 2014
 
Owner of TOPAK spol. Ltd.
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