company: ISB Precision s.r.o.
with registered office: reg. no. 74, 686 04 Podolí, Czech Republic
IČO: 07105690
TIN: CZ07105690
for the sale of goods through the online store: www.jk-n. cz
1. INTRODUCTORY PROVISION
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company ISB Precision s.r.o., registered office no. 74, 686 04 Podolí (hereinafter referred to as the "seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.jk-n.cz, through a web interface (hereinafter referred to as "web interface trade").
1.2. The business conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at: www.jk-nastroje.cz (hereinafter referred to as the "website") and other related legal relationships. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller acts as part of his business activity when ordering goods. 1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
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 effective period of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface. 2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of 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 a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation. 2.4. The buyer is not authorized to allow the use of the user account by third parties. 2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the purchase contract (including the terms and conditions). 2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF PURCHASE CONTRACT
3.1. The web interface of the store contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the offered goods are listed including value added tax and all related fees. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods. 3.2. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic. 3.3. To order the goods, the buyer fills out the order form in the web interface of the store.
The order form mainly contains information about:
- the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the web interface of the store),
- the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and
- information on the costs associated with the delivery of the goods (hereinafter referred to collectively as the "order"). 3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Send order" button. The data given in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address"). 3.5. 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 phone). 3.6. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. 3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including the terms and conditions). 3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
- 1. cash on delivery within the Czech Republic, at the place specified by the buyer in the order;
- 2. by non-cash transfer to the account the seller mentioned during the ordering process. 4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. 4.3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract. 4.4. 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 sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest. In the case of sending the goods on cash on delivery, the buyer agrees to send the receipt together with the goods by confirming and sending the order. 4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of 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 if the buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the entire purchase price before sending the goods to the buyer. 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 it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
ONLINE PAYMENTS
Online payments for us are provided by the payment gateway Comgate. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, among other things, to withdraw from the purchase contract for the supply of goods regulated by the wishes of the buyer, as well as goods that are subject to rapid deterioration, wear or obsolescence, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has violated their original packaging, and from the purchase contract for the supply of newspapers, periodicals and magazines.< /p> 5.2. If it is not a case mentioned in Article 5.1 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 within fourteen (14) days in accordance with the provisions of Section 53, paragraph 7 of the Civil Code from receipt of goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of taking over the goods, to the address of the seller's place of business or to the seller's e-mail address. 5.3. In case of withdrawal from the contract according 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 within three (3) working days of sending the withdrawal from the contract to the seller. In the event that the buyer violates the obligation according to the previous sentence, the seller is entitled to a contractual penalty in the amount of 1% (in words: one percent) of the price of the goods for each day of delay, but at most up to the purchase price of the goods. This provision does not affect the right to compensation for any damage caused by a breach of an obligation to which a contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged, unworn and, if possible, in the original packaging. 5.4. Within a period of ten (10) days from the return of the goods by the buyer in accordance with Article 5.3 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed. 5.5. In the event of withdrawal from the contract in accordance with Article 5.2 of the terms and conditions, the seller will return the purchase price (excluding costs incurred for the delivery of the goods) to the buyer no later than ten (10) days from the end of the period for reviewing the goods in accordance with Article 5.4 of the terms and conditions, by cashless transfer to the designated account by the buyer. The seller is also entitled to return the purchase price in cash already when returning the goods to the buyer. 5.6. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for a refund of the purchase price. In the same way, the seller is entitled to unilaterally set off a claim for a contractual penalty according to Article 5.3 of the terms and conditions against the buyer's claim for a refund of the purchase price.
6. CARRIAGE AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport. 6.2. If, according to the purchase contract, the seller is obliged 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. If the buyer does not take over the goods upon delivery, the seller is entitled to demand a storage fee of CZK 500 (in words: five hundred Czech crowns) and is also entitled to withdraw from the purchase contract. 6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method. 6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods met all conditions and requirements and that any later claim regarding damage to the package of the shipment cannot be taken into account. 6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's terms of delivery.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. of the Civil Code). 7.2. The seller is responsible to the buyer for the fact that the thing sold is in accordance with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the thing being sold has the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of the advertising carried out by them, or the quality and useful properties usual for a thing of this kind, that it meets the requirements of legal regulations , is the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used. 7.3. In the event that the item upon acceptance by the buyer is not in accordance with the purchase contract (hereinafter referred to as "inconsistency with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, as required the buyer either by repairing the item or by replacing it; if such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the violation of the purchase contract before taking over the item or caused the violation of the purchase contract himself. A contradiction with the purchase contract that manifests itself within six (6) months from the day of taking over the thing is considered a contradiction already existing at the time of taking it over, unless this contradicts the nature of the thing or unless the contrary is proven. 7.4. If it is not a perishable item or a used item, the seller is responsible for defects that appear as a violation of the purchase contract after taking over the item within the warranty period (warranty). 7.5. The rights of the buyer arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer at the seller's address.
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. The buyer acknowledges that the software and other components forming the web interface of the store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to carry out any activity that could allow him or third parties to interfere or use the software or other components making up the store's web interface. 8.3. When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The store's web interface can only be used to the extent that it does not infringe on the rights of other customers of the seller and that is in accordance with its purpose. 8.4. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of § 53a paragraph 1 of the Civil Code. 8.5. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their intended purpose.
9. 9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES
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 his personal data: first and last name, address, identification number, tax identification number, e-mail address and telephone number (collectively referred to as "personal data"). 9.3. The buyer agrees to the processing of personal data by the seller, for the purpose of realizing the rights and obligations from the purchase contract and for the purpose of sending information and business communications to the seller. 9.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (during registration, in his user account, when placing an order from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his personal data.</ p>
9.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be passed on by the seller to third parties without the prior consent of the buyer.
9.6. The personal data of the Data Subject will be processed for the period during which the Administrator is obliged to store this data according to generally binding legal regulations, i.e. at least for a period of 5 years according to the Accounting Act or for a period of 10 years according to the VAT Act. 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. The buyer declares that he has been informed that he can revoke his consent to the processing of personal data in relation to the seller by written notice delivered to the seller's address.
9.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, can: - ask the seller or the processor for an explanation, - demand that the seller or the processor remove the state thus created. In particular, this may involve blocking, correcting, supplementing or disposing of personal data. If the buyer's request according to the previous sentence is found to be justified, the seller or the processor will remove the defective condition immediately. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the buyer's right to contact the Office for Personal Data Protection directly.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
9.10. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
10. DELIVERY
10.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via the postal service operator (at the sender's choice). It is delivered to the buyer at the e-mail address specified in his user account. 10.2. The message is delivered:
- in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,
- in the case of delivery in person or through a postal service operator, by receiving the shipment by the addressee,
- in the case of delivery in person or through a postal service operator, also by refusing to accept the shipment, if the addressee (or a person authorized to receive the shipment on his behalf) to take over the shipment,
- in the case of delivery via a postal service operator, after the expiration of a period of ten (10) days from the date of depositing the shipment and giving the addressee a call to take over the deposited shipment, if the shipment is deposited with the postal service operator, even if the addressee did not find out about the deposit.
11. FINAL PROVISIONS
11.1. If the relationship related to the use of the website or the legal 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 consumer rights resulting from generally binding legal regulations.
11.2. The seller is authorized to sell goods on the basis of a trade license and the seller's activity is not subject to any other authorization. The trade inspection is carried out by the relevant trade office within its jurisdiction.
11.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
11.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.5. Contact details of the seller:
ISB Precision s.r.o., no. 74, 686 04 Podolí, Czech Republic
e-mail: isb@isbprecision.cz
tel.: +420 603 572 162
The supplier reserves the right to change these terms and conditions.
12. PROTECTION OF PERSONAL DATA
We guarantee that in accordance with Act No. 101/2000 Coll., on the protection of personal data, the information you enter is confidential and will not be provided to third parties.
These terms and conditions are valid and effective from January 1, 2024.