The terms and conditions below apply to consumers, ie. end customers.
TERMS AND CONDITIONS
Trader: Rodrigo Medina
with its registered office at Spalena 102/39, Prague 1- Nove Mesto, 110 00
identification number: 246 61 031
for the sale of goods through an online store located at the Internet address www.wheelsnchains.com (or www.wheelsnchains.cz)
1 INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as ” business conditions “) of the self-employed person, Rodrigo Medina, with its registered office at Spalena 102/39, Prague 1 – Nove Mesto, 110 00, identification number: 246 61 031, ( hereinafter referred to as the “ Seller ”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “ Civil Code ”), regulate the mutual rights and obligations of the contracting parties arising in connection with or under the purchase contract hereinafter referred to as the ” purchase contract “) concluded between the seller and another natural person (hereinafter referred to as the ” buyer“) through the seller’s internet shop. The internet shop is operated by the seller on a website located at the internet address www.wheelsnchains.cz (hereinafter referred to as the” website “), via the website interface (hereinafter referred to as the” shop web interface “).
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3 . Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 . The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in English or in Czech. The purchase contract can be concluded in English or in Czech.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.USER ACCOUNT
2.1. Based on the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as ” user account “). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account by third parties.
2.5 . The seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3.CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as ” order “).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer will send the order to the seller by clicking on the “Send order” button. The data provided in the order are considered correct by the seller. Immediately after receiving the order only ” buyer’s email address “).
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
3.8. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4.PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- a) Cash – by prior arrangement at the seller’s premises (Besedni, Prague 1 – Stare Mesto, 110 00) or other location previously agreed on;
- b) Cash on delivery – payment in cash upon receipt of the shipment from GLS, PPL, Zazilkovna, etc;
- c) Payment via Stripe – online payment via a secure payment gateway; payment takes place within a few minutes and the order can be processed immediately.
- d) Paypal – online payment via a secure payment gateway; payment takes place within a few minutes and the order can be processed immediately.
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and 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 payable upon receipt of the goods.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If this is customary in business relations or if so, stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address. In the case of payment in cash on delivery or at the place of establishment, the seller will issue an invoice to the buyer in printed form.
4.9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
4.10. Price changes and errors reserved. Typographical and publishing errors reserved.
5.WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer’s wishes or for him, from the purchase contract for the delivery of perishable goods and goods which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program original packaging. Items on sale are also excluded from the possibility to withdraw from the purchase contract. Upon confirming the order with the seller, the buyer agree to these conditions.
5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. ) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract will be sent by the buyer to the seller’s e-mail address shop@wheelsnchains.com. In this message, the buyer sends a confirmation of purchase of the goods (invoice, receipt), or at least the date of purchase of goods and specifications (name, code) and their contact details (phone, e-mail, account number for refund). After approval of this message by the seller, the buyer will send the goods in undamaged original packaging. The goods must be undamaged, unused and with the original proof of purchase. The buyer will send such goods to the seller GLS or another shipping company (not cash on delivery).
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to their nature by regular mail.
5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer. The seller returns the funds to the buyer by transfer order. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods.
5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given gift.
5.8. The seller has the right to suspend the processing of the buyer’s orders, if the buyer has not repeatedly taken in the past and paid for the ordered goods.
6.TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7.RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of §1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
7.5. The rights arising from defective performance are exercised by the buyer at the seller’s address where the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
8.OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
8.3. The seller handles consumer complaints via the electronic address shop@wheelsnchains.com The seller will send information about the settlement of the buyer’s complaint to the buyer’s e-mail address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 00020869, Internet address: https://adr.coi.cz/cs , is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract . The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
8.5. Evropské spotřebitelské centrum Česká republika, se sídlem Štěpánská 567/15, 120 00 Praha 2, internetová adresa: http://www.evropskyspotrebitel.cz je kontaktním místem podle Nařízení Evropského parlamentu a Rady (EU) č.524/2013 ze dne 21. května 2013 o řešení spotřebitelských sporů on-line a o změně nařízení (ES) č. 2006/2004 a směrnice 2009/22/ES (nařízení o řešení spotřebitelských sporů on-line).
8.6. The seller is entitled to sell goods on the basis of a trade license. The trade license inspection is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9.PROTECTION OF PERSONAL DATA
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number. (hereinafter collectively referred to as ” personal data “).
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the conclusion of a purchase agreement.
9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.
9.5. The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation thus created.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10.SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase agreement without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
11.DELIVERY
11.1. It can be delivered to the buyer to the buyer’s email address.
12.FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legislation.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. Rodrigo Medina is not liable for damages caused by the use of goods in conflict with the delivery and business conditions and the complaint procedure.
12.5. Seller’s contact details: delivery address: Rodrigo Medina, Spalena 102/39, Praha 2 – Nove Mesto, 110 00, e-mail address: shop@wheelsnchains.com. phone 608 566 609.
In Prague on 28.04.2022
These terms and conditions are valid from 28.04.2022
TERMS OF DELIVERY
1. Delivery time depends on the availability of specific goods. If the ordered goods are not in stock, the seller is obliged to deliver such goods as soon as possible after storage. The buyer will be notified of the date of delivery of such goods in advance by e-mail or telephone.
2. In the event that the ordered goods are sold out, the buyer will be immediately informed by e-mail or telephone and upon agreement, such an order will be modified or canceled.
3. If the goods are marked as “On request”, the seller does not have the goods physically in stock. You can find out the current availability of the goods from the confirmation of the shipment, or write an e-mail to shop@wheelsnchains.com. The delivery time depends on the country and place of delivery, as well as the transport conditions of the selected carrier.
4.The following delivery conditions apply to the delivery of goods on the territory of the Czech Republic :
4.1. The seller will deliver the goods to the buyer to the address specified in the binding order by the transport company GLS or DPD. Shipping and packing starts at 119 CZK incl. VAT for the package with the exception of transport of excessive shipments, assembly stands, workshop furniture, hanging panels, floors, vices, PVC foil, holders PDS-DK-ZK, PDS-DK-RSU and PDS-DK-SS, where we charge packaging CZK 200 incl. . VAT and shipping according to the carrier’s price. In these cases, we will inform you about the price of transport.
5. The following delivery conditions apply to the delivery of goods on the territory of the Slovak Republic :
5.1. The seller will deliver the goods to the buyer to the address specified in the binding order by the transport company GLS or DPD. Shipping and packing starts at 300 CZK incl. VAT for the package with the exception of transport of excessive shipments, assembly stands, workshop furniture, hanging panels, floors, vices, PVC foil, holders PDS-DK-ZK, PDS-DK-RSU and PDS-DK-SS, where we charge packaging CZK 250 incl. . VAT and shipping according to the carrier’s price. In these cases, we will inform you about the price of transport.
6 . If you choose Individual transport , we will inform you about the price of transport and the method of payment. To complete the order, select Payment in cash.
7. If you choose Personal collection, wait for our information about the possibility of picking up your order. We will contact you by phone, sms or email. Collection is only possible at our address during our opening hours.
COMPLAINTS PROCEDURE
1. The Complaints Procedure was drafted in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended.
2. The warranty for goods purchased in the online store http://www.wheelsnchains.com/ (http://www.wheelsnchains.cz) is 24 months, unless otherwise stated.
3. In the event of a complaint, the buyer will send a description of the defect to the e-mail shop@wheelsnchains.com
4. After confirmation of the complaint by the seller, the buyer will send the claimed goods to DPD or another transport service (not cash on delivery). In the event of a justified complaint and documentation of the costs associated with the transport, the seller will return to the buyer the price of the necessary costs associated with the transport.
5. The buyer sends the goods clean in accordance with hygienic regulations. The shipment must contain all parts and accessories of the goods necessary to detect the claimed defect.
6. The liability of the seller Rodrigo Medina does not apply to poorly packaged and incorrectly sent shipments with the claimed goods from the buyer.
7. In the event that the seller finds that the complaint is not justified during the assessment of the claimed defect, he shall notify the buyer of this fact without undue delay, but no later than within 30 days of the claim being lodged. In the case of a justified complaint, the buyer is entitled to settle the complaint within 30 days of its application. The warranty does not cover wear and tear caused by its normal use or defects caused by improper use of the product.
8. A successful complaint can be settled in two ways. In the event of a remediable defect, the defect will be removed free of charge and in the event of an irremediable defect, the goods will be replaced with new ones. In the case of exchange of the claimed goods for new ones, the new warranty period begins on the day the new goods are taken over by the buyer. In the case of repaired goods, the warranty period is suspended during the complaint procedure and begins to run again only on the day of taking over the goods from the complaint procedure.
9. The claimed or returned goods sent by cash on delivery will not be accepted by the buyer.