Terms and conditions
Terms and Conditions
Terms and conditions of Nicolet CZ s.r.o., with the registered office at the address Klapálkova 2242/9, 149 00 Praha 4, ID 26422182, VAT: CZ26422182, for the sale of goods through an online store located on the Internet at www.niccolloid.com.
- These terms and conditions ("Terms and Conditions") of Nicolet CZ s.r.o., with the registered office at the address Klapálkova 2242/9, 149 00 Praha 4, ID 26422182, VAT: CZ26422182 (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or under the purchase agreement (the "Purchase Agreement") concluded between the seller and another individual party (the "Buyer") through the online store seller. Online store is operated by the seller on the website located on the Internet at www.niccolloid.com (the "Website"), through a website interface (hereinafter referred to as "Web-based commerce").
- Provisions diverging from commercial terms can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
- Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech or English. The purchase agreement may be concluded in the Czech or English language.
- 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.
2. User account
- The buyer can access their user interface upon registration on the website. From the user interface (hereinafter "user account") buyer can order goods. If the web interface allows trade, the buyer may also order goods without registration directly from the web interface business.
- When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data stated in the user account has to be updated in the case of their change. The data stated by the buyer are considered to be correct.
- Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
- Buyer shall not allow the use of user account to a third party.
- Seller may cancel the user account, especially when the user account is not used for more than 12 months, or if the buyer breaches of obligations under the purchase contract (including terms and conditions).
- 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.
3. Purchase agreement
- All presentations of goods placed in the web interface of the shop is informative and seller is not obliged to conclude a purchase agreement regarding any product. The provisions of § 1732, paragraph. 2 of the Civil Code shall not apply.
- Web interface provides information about the products, including the prices of individual goods and costs for returning the goods if the goods by their nature can not be returned by post. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain actual as long as they are displayed in the web interface business. This provision does not prevent the seller from concluding a purchase contract under individually negotiated conditions.
- Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the specified area.
- To order goods, the buyer fills an order form in the web interface business. The order form contains particular information about the ordered goods, method of price payment, details of the required method of delivery of ordered goods and cost information associated with the goods delivery (hereinafter collectively as the "Order").
- Before sending the order to the seller, the buyer is allowed to check and modify data in the order. The buyer sends the order by clicking on the "Send" button. The information specified in the order by the buyer are considered to be correct. Seller confirms receipt of the order by e-mail, at the e-mail address listed in the buyer's user account or in the order (hereinafter referred to as "electronic address of the purchaser").
- Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
- The contractual relationship between seller and buyer arises with the delivery of the acceptance letter of the order which is sent to the buyer by e-mail (at the e-mail address of the buyer).
- Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) are paid by the buyer, and these costs do not differ from the standard rate.
4. Price of the goods and payment terms
- The buyer may pay the price of goods and any costs associated with the delivery of goods according to the contract to the seller in the following manners:
- Cash on delivery at the place designated by the purchaser in order
- By credit card via GP Webpay, which is specified during the process of the ordering
- Bank transfer to the account of the seller no. 19-9132300217/0100 (payment in CZK) 51-1338030287/0100 (payment in US dollars) or 35-3452420237/0100 (payment in EUR) registered at Komercni Banka a.s. (hereinafter the "Seller Account")
- Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless stated otherwise, the purchase price includes costs associated with the delivery of the goods.
- The seller does not ask the buyer to pay a deposit or other similar payment. This does not include the provisions of Art. 4.6 of commercial conditions concerning the obligation to pay the purchase price in advance.
- In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable within five days of the purchase contract.
- In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment the commitment is considered to be fullfilled at the moment of creditting of the appropriate amount to the account of the seller.
- The seller is entitled, in particular in the case when the Buyer does react to the additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph. 1 of the Civil Code shall not apply.
- Any discounts the price of goods provided by the seller to the buyer can not be combined.
- The seller will issue a tax document. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sent electronically to the buyer's email address.
5. Withdrawal from contract
- The buyer acknowledges that it is not possible to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or the person from the contract for the supply of goods subject to rapid deterioration, as well as goods that was after delivery irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed and hygienic reasons, it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if breached their the original packaging according to the provision § 1837 of the Civil law.
- If not the case stated in 5.1 or any other case when the purchase agreement can't be withdrawn, the Buyer has the right to withdraw the contract according to the provision § 1829 of the Civil law. That has to be done within fourteen days of receipt of goods. If the goods consit from parts delivered separately, the period runs from the date of receipt of the final delivery. Withdrawal from the contract must be sent to the Seller within the period mentioned in the previous sentence. For withdrawal from the contract the buyer used the standard form provided by the seller. Withdrawal from the contract should be send to the address of the seller or the seller's e-mail address - firstname.lastname@example.org.
- In case of withdrawal from the contract according to the Art. 5.2 the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen days from the withdrawal to the 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 can not be returned to their usual character by post.
- In case of withdrawal according to the Art. 5.2 returns the vendor returns the price of the goods received from the buyer within fourteen days from the withdrawal from the contract the buyer, in the same way as the amount was received from the buyer. The seller is also entitled to return the payment otherwise if the buyer agrees to that. If the buyer withdraws from the contract, the seller is not obliged to return the payment received to the buyer before the buyer returns the goods.
- The seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price when claim for damages caused to the goods takes place.
- Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, via bank transfer to an account designated by the buyer.
- If the goods are provided with a gift, the gift agreement between the seller and the buyer is concluded with in a following manner: if a withdrawal from the contract occur buyer loses gift agreement and the buyer is obliged to return the gift as well.
6. Transport and delivery
- If the mode of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
- In the event that 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, respectively costs associated with other delivery method if these events.
- When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods. In case of any defects it is necessary to notify the carrier immediately. In the event of a breach of the package indicating the intrusion the buyer may not take over the goods.
- Rights and obligations of all the parties during the transport of goods can be modified by a specific delivery conditions issued by the seller
7. Rights of defective performance
- The rights and obligations of the parties regarding the rights of defective performance is governed by generally binding regulations (in particular, the provisions of § 1914-1925, § 2099-2117 and § 2161 to 2174 of the Civil Code).
- The seller is responsible, on receipt of the goods, that the goods are without defects and should guarantee the following:
- the goods have the properties on which the parties agreed, in case when such agreement does not exist and it has characteristics which the seller or manufacturer has described or which buyers expect given the nature of the goods and based on advertising they carry
- the goods are fit for the purpose which the seller says its use or for which goods of the same type are normally used
- - Goods correspond to the quality or implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model: (a) the goods in the right quantity, measure or weight and (b) the goods comply with the legal requirements.
- The provisions referred to in Article. 7.2 business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated, the wear and tear of the goods caused by its common use, the used goods at fault by use or wear that goods had to take over the buyer, or if it appears that the nature of the goods.
- If the product defect is detected within six months from delivery and if the product was stored in a proper way, the product is considered to be defective at the moment of delivery. The buyer is entitled claim the right of defect that occurs in within the twenty-four months after the receipt.
- The buyer claims the right of defective performance with the seller at his address or any other appointed place wit the regard to the nature of the goods. As the moment of the claim is considered to be the moment when the seller receives the goods from the buyer.
- Failed experiment due to the nature of the sample and the product are not considered as a defect. Buyer acknowledges that the experimental method in which merchandise is sold used, can be unpredictable and results are not guaranteed for all sample types.
- Other rights and obligations of the parties related to the responsibility of the seller for defects can be modified by the seller.
8. Other rights and obligations of the parties
- The buyer acquires ownership of the goods by paying the entire purchase price.
- Seller is not bound in the relation to the purchaser by codes of conduct under § 1826, paragraph. 1 point. e) of the Civil Code.
- Complaints of consumers are processed via the email address email@example.com. The information about the complaint process progress shall be sent to the buyer's email address.
- The seller is entitled to sell goods based on the trade license. Trade control is carried out under the authority of the Trade Office. Supervision of Privacy (protection of personal data) is performed by the Office for Personal Data Protection. Czech Trade Inspection performs the supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
- Buyer hereby takes on himself the danger of changing circumstances within the meaning of § 1765, paragraph. 2 of the Civil Code of Czech Republic.
9. Personal data protection
- The protection of the personal data of the buyer is ensured by the law n. 101/2000 Sb., (the law about the personal data agreement).
- Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
- Buyer agrees with the processing of his or her personal data by the seller, for the purpose of realization of rights and obligations resulting from the contract and for the purpose of maintaining user account. If the buyer does not choose another option, he or she agrees with the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the him or her. Consent with the processing of personal data in their entirety is not a condition which would make concluding a purchase agreement impossible.
- The buyer acknowledges that he or she is obliged to state the personal data (for registration, in your user account, when ordering from the web interface of the shop) correctly and truthfully and inform the seller about the change in his personal data without undue delay.
- The seller can authorise the third party to process the personal data of the buyer. The seller shall not pass the personal data to the third party without prior consent of the buyer with the exception of the persons which are appointed to deliver the goods and the authorised processor.
- Personal data shall be processed for an indefinite amount of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
- The buyer confirms that the personal information is accurate and that he or she provided the personal data voluntarily.
- If the buyer suspects that the seller or processor (Art. 9.5) performs the processing of his or her 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 are inaccurate with regard the purpose of processing, he or she can ask the seller or processor for an explanation, and ask the seller or processor to correct the situation.
- If the buyer requests information regarding the processing of his or her personal data, the seller must provide this information. Seller has the right ask for reasonable compensation for this procedure, which does not exceed the cost of getting the necessary information.
10. Sending of commercial messages and storing of cookies
- Buyer agrees to receive information related to the goods, services or company or other commercial communication from the seller to his or her email address.
- Buyer agrees with saving cookies on his computer. In the purchase can be made and the seller's obligations from the purchase contract can be fulfilled without storage of the cookies, the buyer can withdraw the consent from the previous sentence at any time.
- The goods will be delivered to the buyer to the address specified when ordering if not stated otherwise.
12. Final Provisions
- 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 generally binding legislation.
- If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, it is replaced by a provision whose meaning is the closest to the precedent. The invalidity or unenforceability of one provision does not affect the validity of the remaining provisions.
- The purchase contract including terms and conditions is archived in electronic form by the seller and is not publicly accessible.
- Attachment business conditions is a model form for withdrawal from the contract.
- Terms and conditions are valid from 9. 9. 2015