General Terms and Conditions:
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) apply to contracts concluded through an online store PyroTime.eu located on the web interface https://pyrotime.eu/ (hereinafter referred to as the “Web Interface”), or in any other distance way, between
Martin Kulil, with its registered office at Havlíčkova 1935/33, 789 01 Zábřeh
Id. No.: 02393441
VAT ID No.: CZ8903306148
Contact email: firstname.lastname@example.org
as a seller
and you as a buyer
1. INTRODUCTORY PROVISIONS
By the purchase contract we undertake to deliver to you the goods specified in the order, and you undertake to accept the goods (either personally or from the carrier) and pay us the purchase price specified in the order. The purchase price (or “price”) also includes the costs associated with the delivery of the goods and any fees associated with the payment method chosen. The amount of these costs will always be communicated to you before binding order.
You acquire title to the goods by paying the full purchase price, but not before you take over the goods.
1.1 Does the sales contract only cover goods?
The Purchase Agreement (or the “Agreement”) shall mean any contract concluded under these Terms and Conditions. For example, it may also be a service contract.
1.2. Is the sales contract a consumer contract?
It is a consumer contract if you are a consumer, that is, if you are a natural person and you buy goods outside your business or outside of your own profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection under legal regulations and these terms and conditions, but the General Terms and Conditions for Wholesale apply to you. Especially as a non-consumer, you are not entitled to withdraw from the contract without giving any reason.
1.3. What special rights do you have as a consumer?
As a consumer, you have in particular:
the right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or e-commerce (Article 5 of these Terms and Conditions);
entitlement to a warranty for unused consumer goods of 24 months (the warranty is governed by the Complaints Procedure);
the right to be informed prior to the conclusion of the contract (the information is contained in these Terms and Conditions or on the web interface);
the right to out-of-court settlement of consumer dispute arising from the contract (Article 7.3 of these Terms and Conditions).
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
these Terms and Conditions which define and specify our mutual rights and obligations;
Complaints procedure, according to which we will proceed when complaining goods;
the conditions and instructions given on the web interface, especially when concluding a contract;
the order and its acceptance on our part,
and in matters not covered by the following legislation:
Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”);
Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the legal order of your country of residence provides a higher level of consumer protection than the Czech legal order, you are provided with this higher level of protection in legal relations.
1.5. How do you agree with the terms and conditions?
By checking the appropriate option when ordering on the web interface, you confirm that you have read and accepted these terms and conditions.
We can change or supplement the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they arose.
2. PURCHASE CONTRACT
2.1. How do we conclude a sales contract?
The web interface contains a list of goods including a description of the main features of each item. For each item, the price includes all taxes, duties and fees. The presentation of the goods is of an informative nature and is not our proposal to conclude a contract within the meaning of Section 1732 (2) of the Civil Code. In order to conclude a contract, you must place an order and accept it by us.
2.2. How to place an order?
You can always place an order through the web interface (by filling in the form), or by e-mail (email@example.com), or in another way, which is based on the current information on the web interface.
An order placed through the form must contain all information marked as mandatory. An order made in any other way must contain in particular the exact identification of the ordered goods (or numerical identification of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and possibly invoicing).
Before binding the order (after clicking on the “Recap” button) you have the possibility to view the recapitulation of the order including the final price (depending on the chosen method of transport and payment). In particular, we recommend checking the type and quantity of goods, e-mail and delivery addresses.
To place a binding order, press the “Submit Order” button. We consider the information given in the binding order to be correct and complete. Please inform us immediately by phone or e-mail about their change.
We will inform you about receiving your order. Information (confirmation) of receipt of the order is sent automatically and is not an acceptance of the order by us unless explicitly stated in the confirmation.
If we have doubts about the authenticity and seriousness of an order, we may contact you to verify it. We can reject an unverified order. Such an order is then regarded as not having been placed.
2.3. So when is the contract concluded?
The purchase contract is concluded at the moment when you receive the order from us. Acceptance of the order will be sent to the e-mail address stated in the order. Should the order not be accepted, the contract is concluded at the moment when you pay the entire purchase price or take over the ordered goods (whichever comes first). Acceptance of an order may be part of the order receipt information under Article 2.2 of these Terms (if explicitly stated in the receipt) or may be followed separately.
Information on the individual technical steps leading to the conclusion of the contract can be seen in the web interface.
2.4. Can you cancel an already placed order?
You can cancel an order that we have not yet received (ie you have not been sent an acceptance of an order by us under Article 2.3 of these Terms and Conditions) by phone or email. All orders received by us are binding. Later cancellation of the order is possible only after agreement with us. If the order for a non-withdrawal order is canceled in this way (for more details in Article 5), we are entitled to reimbursement of the costs already incurred in connection with the contract.
2.5. Can the price shown on the web interface change?
Prices of presented goods and prices for packaging, shipping and delivery remain valid as long as they are displayed in the web interface. Any discounts on the price of the goods cannot be combined, unless explicitly stated otherwise on the web interface.
In the event that there has been a clear technical error in the price of the goods in the web interface or in the course of ordering, we are not obliged to deliver the goods for this obviously erroneous price, even if you received the order of these Terms and Conditions. In this case we reserve the right to withdraw from the contract.
If the price for goods in the web interface or during ordering is no longer up to date, we will notify you immediately. If your order has not yet been received, we are not obliged to enter into a contract.
Sent orders will not be affected by the price change that has occurred between the time the order was placed and received by us under Article 2.3 hereof.
2.6. Do you have a possibility to obtain a contract in text form?
The contract is not concluded in writing with the signatures of the contracting parties. The contract consists of these terms and conditions, your order and its acceptance by us. The entire contract will be sent to you by e-mail or upon your request printed by post. When sending by post, we can ask you to pay the costs associated with it.
2.7. What if you don’t understand something in the contract?
If you have a question about the terms and conditions or the contract, you can contact us by e-mail. We will be happy to provide you with all necessary information.
2.8. In what languages can the contract be concluded?
The contract can be concluded in the Czech language, unless we expressly agree on another language.
2.9. Is the contract deposited somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
3. PAYMENT TERMS
3.1. What payment methods do we accept?
You can pay the purchase price in particular:
a) on-line payment card via payment gateway
b) SEPA wire transfer to our bank account (instructions will be provided in the order confirmation).
Any other forms of payment are listed on the web interface.
3.2. When is the purchase price due?
In the case of cashless payment before delivery of goods, the price is due within five days of receipt of the order pursuant to Article 2.3. Your payment obligation is fulfilled in the case of a cashless payment at the moment the amount is credited to our bank account.
3.3. In what currency can you pay?
Payment of goods is possible in Euro (EUR).
4. DELIVERY TERMS
4.1. How do we send goods?
It is also possible to choose transportation to a designated place by one of the contractual carriers. The current list of carriers is available on the web interface. You can choose the specific way of delivery in your order.
4.2. What are the delivery costs?
The cost of delivery always depends on the size and nature of the goods and the price list of the selected carrier. Actual delivery costs are listed on the web interface when filling in the order.
The order will always include the final price, which already includes the cost of the selected mode of transport.
4.3. When will we deliver the goods to you?
The time of delivery of the goods always depends on their availability and the chosen mode of transport and payment.
Goods that are in stock usually shipped within two to ten days of crediting the payment to our account (for cashless payment).
Goods that are out of stock are dispatched as soon as possible. We will inform you about the exact date.
Delivery of goods under these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to take over the goods, this is not considered a failure to fulfill the obligation to deliver the goods on our part or withdrawal from the contract on your part.
4.4. How to proceed when receiving goods?
The moment you take over the goods (or when you were obliged to take over the goods but did not do so in violation of the contract), you are liable for accidental destruction, damage or loss of the goods.
4.5. What happens if you do not take delivery?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or otherwise than by the agreed method, you are obliged to pay the costs associated with such delivery.
If you do not take over the goods without reason, we are entitled to reimbursement of the costs associated with the delivery of the goods and their storage, as well as other costs that we incur as a result of non-receipt of the goods. These costs shall not exceed EUR 1 for each day of storage. Storage costs may not exceed a total of EUR 25, or the purchase price if less than EUR 25.
We also have the right to withdraw from the contract in such a case.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. When can I withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from the following contracts:
the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
on the delivery of goods in a sealed package which you have removed from the package and cannot be returned for hygienic reasons.
5.2. How will you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send goods cash on delivery. We are not obliged to accept the goods sent on delivery.
We recommend attaching the following to the returned goods:
a copy of the delivery note and invoice, if any, or any other document proving the purchase of the goods;
a written statement of withdrawal (on our form or otherwise) and the selected method of refund (bank transfer, personal cash receipt or postal order or otherwise). Include your delivery address, phone, and email in your statement.
Failure to submit any of the above documents does not prevent the positive handling of your withdrawal under the legal conditions.
5.3. When will you get your money back?
We will return all funds received within 14 days of withdrawal. However, please note that we are not obliged to return money to you before returning the goods to us or proving that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivery to you. However, if you have chosen a method other than the cheapest method of delivery that we offer, we will refund the cost of the delivery corresponding to the cheapest method of delivery.
We will refund your money:
in the same way we received them, or the way you want.
In addition to the above methods, we can always refund the money by sending it to your bank account or account from which funds were paid to pay the purchase price (unless you tell us within ten days of withdrawal). By accepting these terms and conditions, you agree to the sending of funds under the previous sentence, provided that you do not incur any additional costs in this way.
The costs of returning the returned goods to our address shall be borne by you, even if the goods cannot be returned by their normal postal nature.
5.4. When can we withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
due to a technical error, the price of the goods was clearly manifested on the web interface (Article 2.5 of these Terms and Conditions);
goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) cannot be delivered under the original conditions;
performance becomes objectively impossible or illegal.
In the event that any of the above occurs, we will inform you immediately of our withdrawal. Withdrawal is effective against you when it is delivered to you.
If you have paid the purchase price in whole or in part, we will refund the amount received to the account you provide us for this purpose or from which you made the payment. We will refund the money within five days of withdrawal.
6. RIGHTS OF DEFECTIVE PERFORMANCE
Your rights from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
When exercising rights from defective performance, we will proceed in accordance with our Complaints Procedure. Before submitting a complaint, familiarize yourself with the Complaints Procedure, so that the complaint can be processed as quickly as possible and to your satisfaction.
7. FINAL PROVISIONS
7.1. What authorizations do we have and who controls us?
We are entitled to sell goods on the basis of a trade license. Our activity is not subject to any other authorization.
7.2. How do we handle complaints?
We handle any complaints through our contact email.
7.3. What else should you know?
When concluding the contract, means of distance communication (especially the Internet) are used. You will be responsible for the costs of using remote means of communication (especially the cost of Internet connection or telephone calls). These costs do not differ from the normal rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail, registered mail or personal delivery. We will deliver you to the e-mail address stated in the order or in your user account.
In the event that any provision of these Terms and Conditions is invalid, ineffective or unusable (or becomes so), the provision closest to the invalid, ineffective or unusable provision shall apply instead. Invalidity, ineffectiveness or the inapplicability of one provision is without prejudice to the validity of the other provisions. It is only possible to change or supplement the contract (including terms and conditions) in writing.Odstavec
These Terms and Conditions are valid and effective as of February 6, 2020.