BUSINESS TERMS AND CONDITIONS
1. CONTACT DATA
Name: Sebimoto s.r.o.
Main office address: Nad lomem 2707/6, 628 00 Brno
Comp. Reg. No. (IČ): 26272831
ADdRESs of the dispatch warehouse
Upon a phone arrangement, you can pick up the goods at this address.
Sebimoto s. r. o.
679 32 Svitávka
The information about the goods and the price provided by the seller is binding except for obvious errors. Prices are presented including all taxes (e.g. VAT) and charges, except for delivery costs.
Accepting an offer with an amendment or deviation is not considered to be an acceptance of the offer.
Any confirmation of the content of a contract concluded in a form other than in writing which deviates from the actually agreed content of the contract shall have no legal effect.
No acceptance of any unsolicited performance by the Buyer shall be deemed to constitute acceptance of the offer.
3. DELIVERY AND PAYMENT FOR GOODS
The Seller shall deliver the goods to the Buyer complete, no later than 3 weeks from the confirmation of the order, unless the Seller specifies a different delivery time for individual goods. If the "in stock" note is indicated for the goods, the Seller shall dispatch the goods within two working days at the latest. The Buyer is obliged to take delivery of the goods and pay for them. The Buyer is advised to check the goods as soon as possible upon receipt.
The Seller shall send the documents accompanying the goods, in particular the tax document, receipts and certificates, to the Buyer immediately after receipt of the goods, but at the latest within two days after the consumer has taken delivery of the goods.
If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for how long the Buyer's obligations under the defective performance last and how the Buyer may exercise the rights arising therefrom.
Delivery Within the European Union:
The goods will be delivered to the customer exclusively upon prepayment. Products manufactured in the Czech Republic and delivered to another EU Member State are exempt from value added tax in the Czech Republic and the recipient is obliged to pay it in the country of destination. The delivery time depends on the country of destination; see the terms and conditions of the Czech Post and the postal service in the country of destination. If delivery by airmail is faster, the parcel will be delivered in this way. If a customer from abroad pays for the goods in advance by a wire transfer to a bank account, all international bank charges will be borne by that customer.
Delivery Outside the European Union:
The goods will be delivered to the customer exclusively upon prepayment. The invoice will be issued including VAT according to the applicable rates of the Czech Republic. The delivery time depends on the country of destination; see the conditions of the Czech Post and the postal service in the country of destination. If delivery by airmail is faster, the parcel will be delivered in this way. If a customer from abroad pays for the goods in advance by a wire transfer to a bank account, all international bank charges are the responsibility of the customer. The order sent by the customer will be adjusted by the supplier to include postage and other costs e.g. COD and then a proforma invoice will be sent to the customer for approval. Certain other items such as Czech Heller rounding, discounts, or VAT may also be adjusted depending on the country of destination and method of payment and delivery.
PRICE AND DELIVERY METHOD
The postage for the ordered goods will be communicated to the customer upon confirmation of receipt of the order and the delivery date.
The goods is:
- sent to customers by cash on delivery in a domestic package by a freight forwarding company, or
- sent to customers in the normal way by a freight forwarding company upon prepayment or with an invoice, or
- handed over to customers in person at the operator's premises, or
- handed over to customers in any other manner agreed in the order.
If the Buyer fails to take delivery of the goods within the agreed time due to a breach of the Buyer's obligation, the Buyer is obliged to pay the Seller a storage fee for each day of delay in the amount of CZK 10, but not more than CZK 300. After notifying the Buyer demonstrably by e-mail and providing the Buyer with a new reasonable period of time to take delivery of the goods, the Seller is entitled to sell the goods in a suitable manner. The Seller is entitled to set off the costs of storage and the costs of unsuccessful delivery of the goods due to lack of cooperation on the part of the Buyer in the necessary amount against the sale proceeds.
4. ORDER CANCELLATION AND WITHDRAWAL FROM THE CONTRACT
The Buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of taking delivery of the goods or making the payment. This period is intended to allow the Buyer to become reasonably familiar with the nature, characteristics, and functionality of the goods.
The Buyer is also entitled to withdraw from the contract at any time before delivery of the goods.
The Buyer shall send or deliver the withdrawal to the Seller within 14 days. The Buyer does not have to state the reason for the withdrawal from the contract. To facilitate communication, it is advisable to include the date of purchase or contract/sales receipt number, bank account and the chosen method of return of the goods in the withdrawal.
The Seller is obliged to reimburse the Buyer for the full amount corresponding to the price of the goods and the costs paid for their delivery within 14 days of the withdrawal, in the same way as the payment was received from the Buyer. If the Seller offers several options for delivery of the goods within a certain delivery method, the Seller must reimburse the Buyer for the cheapest of them. The Buyer must send or hand over the purchased goods to the Seller within the same time limit at the latest. The goods should be returned to the Seller (not by cash on delivery) complete, preferably in their original packaging, and must not show signs of wear and tear or damage. The cost of returning the goods is borne by the Buyer.
If the returned goods are damaged due to a breach of the Buyer's obligations, the Seller is entitled to make a claim against the Buyer for reimbursement of the diminished value of the goods and to set it off against the amount to be returned.
5. LEGAL LIABILITY OF THE SELLER (FOR THE CONFORMITY OF THE DELIVERED GOODS WITH THE PURCHASE CONTRACT AND FOR DEFECTS THAT APPEAR DURING THE WARRANTY PERIOD)
QUALITY UPON TAKING DELIVERY OF THE GOODS
If the received goods have any defects (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, their quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the Seller is liable.
The Buyer may claim from the Seller, within two years of taking delivery of the goods at the latest, free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects if the defect relates only to this part.
If repair or replacement of the goods is not possible, the Buyer may claim a full refund of the purchase price upon withdrawal from the contract.
Within six months of taking delivery of the goods, it is presumed that the defect already existed at the time of taking delivery of the goods.
The Seller shall not be obliged to satisfy the Buyer's claim if the Seller proves that the Buyer knew of the defect of the goods prior to taking delivery of the goods if the defect was caused by the Buyer.
In the case of used goods, the Seller is not liable for defects corresponding to the degree of existing use or wear and tear. For goods sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed. In such cases, the Buyer shall be entitled to a reasonable discount instead of the right to have the goods replaced.
LEGAL RIGHTS ARISING FROM DEFECTS
The Seller is liable for defects that occur after taking delivery of the goods within the 24-month warranty period or within the period of use specified in the advertisement, on the packaging of the goods, or in the enclosed instructions manual.
Within this period, the Buyer may file a complaint and, at the Buyer's discretion, demand the following for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or non-removable):
- removing of the defect by supplying a new item without the defect or by supplying a missing item;
- removing of the defect by repair free of charge;
- a reasonable discount on the purchase price; or
- a refund of the purchase price, based on withdrawal from the contract.
A material breach of a contract is such a breach of which the party in breach of the contract already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that constitutes a non-material breach of the contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled to have the defect removed or to receive a reasonable reduction in the purchase price.
If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth claim for different defects) or if the goods have a greater number of defects (at least three defects at the same time), the Buyer may exercise the right to receive a discount on the purchase price, to have the goods replaced, or to withdraw from the contract.
The Seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
6. COMPLAINTS PROCESSING
The Buyer is obliged to file a claim with the Seller or the person designated to make the repair without undue delay after the discovery of the defect. If the Buyer does so in writing or electronically, the Buyer should provide the contact details, a description of the defect and a request for the manner in which the complaint should be handled.
The Buyer must inform the Seller of the right the Buyer has chosen when notifying the defect or without undue delay after the notification of the defect. A change of this choice without the Seller's consent is only possible if the Buyer has requested the repair of a defect that proves to be irreparable.
If the Buyer fails to exercise the Buyer's right under a material breach of the contract in time, the Buyer shall have the same rights as in the case of a non-material breach of contract.
The Buyer is obliged to prove the purchase of the goods (preferably by a proof of purchase). The time limit for the settlement of the claim shall run from the handover/delivery of the goods to the Seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.
The Seller must decide on the complaint without any delay, and within three working days at the latest, if a professional assessment is required to make a decision. The Seller shall inform the Buyer of the need for a professional assessment within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its filing, unless the Seller and the Buyer agree on a longer period in writing. After the expiry of this period, the Buyer shall have the same rights as if it was a material breach of the contract.
If the Seller refuses to remove the defect, the Buyer may demand a reasonable discount on the price or withdraw from the contract.
The guarantee of quality is extended by the period from the time the complaint is filed until it is settled or until the time the Buyer was obliged to collect the item. If the goods or a part thereof are replaced, the Seller's liability shall apply as if the goods or a part thereof had been purchased new.
If it is not possible to monitor the status of the complaint online, the Seller undertakes to inform the Buyer of the settlement of the complaint by e-mail or SMS as requested by the Buyer.
In the case of a justified complaint, the Buyer shall be entitled to reimbursement of the costs reasonably incurred.
7. PERSONAL DATA PROTECTION
The Buyer agrees that the personal data provided will be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Sb.) for the purpose of fulfilling the subject of the Contract. The Buyer has the right to be informed of what data the Seller records about the Buyer and is entitled to change such data or to object in writing to the processing of such data. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection.
The Buyer may inform the Seller that the Buyer wishes to stop receiving commercial communications to the electronic address obtained in connection with the performance of the Contract, without incurring any costs.
8. SOLVING DISPUTES
Mutual disputes between the Seller and the Buyer shall be settled by general courts.
9. OTHER PROVISIONS
Other matters not mentioned herein are governed by the Civil Code (No. 89/2012 Sb.), the Consumer Protection Act (No. 634/1992 Sb.) and other legislation, as amended.
The contract and related matters are governed by Czech law.
These Business Terms and Conditions become effective on 1st January 2014