1. Introductory provisions
1.1. These Terms and Condicions of the company SPOKE, s.r.o., Americká 124, 330 11 Třemošná, Czech republic, identification number: 29112257 (hereinafter "seller"), in accordance with the provisions of § 1751 (1) of Act No. 89/2012 Sb. (hereinafter "Civil Code"), regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter "purchase agreement") concluded between the seller and another person (hereinafter "buyer") through the seller's online store. The internet shop is operated by the seller on the website located at the internet address www.spoke-store.com.
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 Terms and 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.
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 "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 24 months, 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. Concluding a purchase contract
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 (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 and the cost of returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of the offered goods and services 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 on the costs associated with the 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 EU.
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 in entering data into the order. The buyer sends the order to the seller by clicking on the "ORDER" button. The data listed in the order they are deemed 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").
3.6. 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.
3.9. The buyer can cancel the order at any time before it is confirmed by the seller. Order confirmation by the seller means a message sent by e-mail to the buyer's e-mail address containing stock availability of goods. Order cancellation is possible by phone or e-mail.
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:
4.1.1. cashless transfer to the seller's account IBAN: CZ16 2010 0000 0025 0027 0831, BIC (SWIFT): FIOBCZPPXXX
4.1.2. cashless via the GoPay or PayPal payment system (payment card);
4.1.3. cashless payment card at the establishment.
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 non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
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.
4.7. The price of the goods at the time of the order is decisive for determining the purchase price. 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.
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.
5. Withdrawal from the purchase contract
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 recording or computer program their original packaging.
5.2. If it is not a case referred to 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 in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the 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 can be sent by the buyer to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org.
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 within fourteen (14) days of withdrawal from the contract. 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 can not be returned due to their nature by regular mail.
5.4. In the event of withdrawal from the 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, in the same way as the seller received from the buyer. 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 or proves that he sent the goods to the entrepreneur. The buyer is entitled to a refund of the freight for the lowest amount offered.
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.
6. Gift vouchers
6.1. Gift voucher codes are unique and one-time, the buyer can use the gift voucher in one order.
6.2. The voucher is not exchangeable for money. If the value of the gift voucher is higher than the price of the entire purchase, the difference is not transferred to the new voucher and the unused financial value is not reimbursed. If the purchase price is higher than the value of the gift voucher, the buyer will pay the difference in the purchase price using the payment method chosen in the ordering process.
6.3. The gift voucher cannot be used to purchase additional gift vouchers.
6.4. In the event of withdrawal from the purchase contract for any reason or any other reasonable return of the goods to the buyer to the seller purchased under the gift voucher, the buyer is entitled to a refund of the amount he actually paid for the purchase of goods. If the price of the goods has been paid for by means of a gift voucher, the seller will issue a new gift voucher in the corresponding value, which the buyer will be entitled to use to pay for the other ordered goods.
6.5. After the expiration date, the gift voucher cannot be redeemed. An unused gift voucher cannot be exchanged for another, nor can it be redeemed or extended.
7. Transport and delivery of the goods
7.1. 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.
7.2. 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.
7.3. 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. This does not affect the buyer's rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
7.4. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.
8. Rights from defective product
8.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations.
8.2. 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:
8.2.1. 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,
8.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
8.2.3. 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,
8.2.4. the goods are in the appropriate quantity, measure or weight; and
8.2.5. the goods comply with the requirements of legal regulations.
8.3. The provisions referred to in Article 8.2 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 caused by its 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.
8.4. If the items are not perishable or used, the seller is liable for defects that appear to be in conflict with the purchase contract after taking over the item during the warranty period (warranty).
8.5. 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. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
9. Other rights and obligations og the contracting parties
9.1.The buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating this Agreement and for the purposes of fulfilling the Seller's public law obligations.
10. Final provisions
10.1. If the relationship related to the use of the website or the legal relationship established by the purchase agreement 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.
10.2. 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. Changes and additions to the purchase agreement or business conditions require a written form.
10.3. Seller's contact details: delivery address SPOKE, s.r.o., Americká 124, 33011 Třemošná, Czech republic, e-mail address email@example.com, telephone +420 379 482 362, responsible person Libor Kubík.