BUSINESS TERMS AND CONDITIONS
9b plus, s.r.o
with the registered office at Zábrdovická 801/11, 615 00 Brno ,
identification No.: 06179061
Incorporated in the Companies Register kept by Krajským soudem in Brno Section C, Insert 100516
for sale of goods by means of an on-line shop at the Internet address www.9b-plus.com
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of 9b plus s.r.o., with the registered office at Zábrdovická 801/11, 615 00 Brno , identification No.: 06179061, incorporated in the Companies Register kept by Krajským soudem in Brno Section C, Insert 100516 (hereinafter referred to as the “Seller”) regulate in accordance with provision of Section 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and duties of the contracting parties arisen in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and other natural person (hereinafter referred to as the “Purchaser”) by means of the Seller’s e-shop. The online shop is run by the Seller on the website at the Internet address www.9b-plus.com (hereinafter referred to as the “Website”), through the Website interface (hereinafter referred to as the “E-shop Web Interface“).
1.2. Terms and Conditions shall not relate to cases when a person intending to buy the goods from the Seller, is a legal entity or a person that acts when ordering the goods within his/her business activities or within his/her independent practice of profession.
1.3. Provisions differing from the Terms and Conditions may be agreed in the Purchase Agreement. Differing provisions in the Purchase Agreement shall prevail over provisions of the Terms and Conditions.
1.4. Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Purchase Agreement and Terms and Conditions are drawn up in the Czech language. Purchase Agreement may be concluded in the Czech language.
1.5. Seller may change or amend the wording of the Terms and Conditions. This provision shall not affect rights and duties arisen during the period of effectiveness or previous wording of the Terms and Conditions.
2. USER ACCOUNT
2.1. On the basis of registration of the Purchaser on the Website the Purchaser may get to his/her user interface. Purchaser may order goods from his/her user interface (hereinafter referred to as the “User Account”). In the case that the E-shop Web Interface allows that, the Purchaser may order the goods also without registration, directly from the E-shop Web Interface.
2.2. When registering on the Website and when ordering the goods the Purchaser shall be obliged to provide all data correctly and truthfully. Purchaser shall be obliged to update the data stated in the User Account if changed. Data provided by the Purchaser in his/her User Account and when ordering the goods are considered by the Seller as correct.
2.3. Access to the User Account is secured by user name and password. Purchaser shall be obliged to keep the information necessary for access to his/her User Account confidential.
2.4. Purchaser shall not be entitled to allow the third parties to use the User Account.
2.5. Seller may cancel the User Account in particular in the case when the Purchaser has not used his/her User Account for more than 2 years or in the case when the Purchaser breaches his/her duties from the Purchase Agreement (including Terms and Conditions).
2.6. Purchaser takes into account that the User Account does not have to be accessible continuously, in particular with regard to necessary maintenance of hardware and software equipment of the Seller or possibly necessary maintenance of hardware and software equipment of the third parties.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1. All presentation of the goods placed in the E-shop Web Interface is of the informative nature and the Seller shall not be obliged to conclude the Purchase Agreement regarding such goods. Provision of Section 1732 paragraph 2 of the Civil Code shall not apply.
3.2. E-shop Web Interface includes information on the goods, including prices of individual goods. Prices of the goods are stated including the value added tax and all related fees. Prices of the goods remain valid for the period, for which they are displayed on the E-shop Web Interface. This provision shall not limit the Seller’s possibility to conclude the Purchase Agreement under individually agreed conditions.
3.3. E-shop Web Interface includes also information on the costs connected with packing and delivery of the goods. Information on the costs connected with packing and delivery of the goods provided on the E-shop Web Interface are valid only in the cases that the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods the Purchaser shall fill in the order form in the E-shop Web Interface. The order form shall contain in particular information on:
3.4.1. ordered goods (Purchaser shall “put” the ordered goods into the electronic shopping cart of the E-shop Web Interface),
3.4.2. manner of payment of the purchase price of the goods, data on required manner of delivery of the ordered goods and
3.4.3. information on costs connected with delivery of the goods (hereinafter jointly referred to as the “Order”).
3.5. Before sending the Order to the Seller the Purchaser is allowed to check and change the data that the Purchaser entered in the Order, also with regard to the Purchaser’s possibility to find and correct mistakes arisen when entering the data in the Order. Purchaser shall send the Order to the Seller by clicking the “Order” button. Seller considers the data stated in the Order as correct.
3.6. Sending of the Order is considered to be such an act of the Purchaser that identifies in an unquestionable manner the ordered goods, purchase price, Purchaser, manner of settlement of the purchase price and is a binding draft Purchase Agreement for the contracting parties. Validity of the Order is conditioned by filling in of all obligatory data in the order form, acquainting with these Terms and Conditions on the Website and the Purchaser’s confirmation that he/she acquainted himself/herself with these Terms and Conditions.
3.7. Immediately after receipt of the Order the Seller shall confirm such receipt by sending e-mail to the Purchaser to his/her e-mail address stated in the user interface or in the Order (hereinafter referred to as the “Purchaser’s E-mail Address”).
3.8. Seller shall be always entitled, depending on character of the Order (amount of goods, purchase price, expected transport costs), to ask the Purchaser to confirm the Order additionally (for example in writing or by phone).
3.9. Draft Purchase Agreement in the form of the Order shall be valid for fifteen days.
3.10. Contractual relation between the Seller and the Purchaser is formed by delivery of acceptance of the Order, which is sent by the Seller to the Purchaser by e-mail to the Purchaser’s E-mail Address.
3.11. In the case that the Seller cannot fulfill any of requirements stated in the Order, it shall send to the Purchaser’s E-mail Address the changed offer stating the possible variants of the Order and ask for the Purchaser’s opinion.
3.12. Changed offer is considered as a new draft Purchase Agreement and Purchase Agreement is in such case concluded by the Purchaser’s acceptance by e-mail.
3.13. Purchaser agrees with use of means of distance communication when concluding the Purchase Agreement. Costs arisen to the Purchaser when using the means of distance communication in connection with conclusion of the Purchase Agreement (costs of Internet access, costs of telephone calls) shall be paid by the Purchaser and such costs do not differ from the standard rate.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1. Price of goods and possible costs connected with delivery of the goods under the Purchase Agreement may be settled by the Purchaser to the Seller in the following manners:- in cash in the Seller’s plant at the address Zábrdovická 801/11 , 61500 Brno,
- cash on delivery in the place determined by the Purchaser in the Order
- by non-cash transfer to the Seller’s account No. 115-5088580267/0100 , kept at Komerční banka (hereinafter referred to as the “ Seller’s Account”
- by non-cash transfer by means of payment system Gpwebpay
- by non-cash transfer by payment card
4.2. Purchaser shall be obliged to pay to the Seller together with the purchase price also the costs connected with packing and delivery of the goods at the agreed amount. Unless expressly agreed otherwise the purchase price shall be deemed to be also the costs connected with delivery of the goods.
4.3. Seller does not require from the Purchaser an advance payments or other similar payment. This shall not affect provision of clause 4.6 hereof regarding the duty to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or cash on delivery the purchase price shall be mature at takeover of the goods. In the case of payment by non-cash transfer the purchase price shall be mature within 7 days from conclusion of the Purchase Agreement.
4.5. In the case of payment by non-cash transfer the Purchaser shall be obliged to settle the purchase price of the goods with mentioning of the variable symbol of the payment. In the case of payment by non-cash transfer the Purchaser’s obligation to pay the purchase price is fulfilled at the moment of crediting of the Seller’s Account with the respective amount.
4.6. Seller shall be entitled, in particular in the case that the Purchaser does not confirm the Order additionally (clause 3.8), to require settlement of the whole purchase price before sending of the goods to the Purchaser. Provision of Section 2119 paragraph 1 of the Civil Code shall not apply.
4.7. Possible discounts on price of the goods provided by the Seller to the Purchaser may not be combined.
4.8. If it is common in the course of trade or if it is stipulated by the generally binding legal regulations, the Seller shall issue regarding the payments made on the basis of the Purchase Agreement a tax document – invoice to the Purchaser. Seller is a VAT payer. Seller shall issue the tax document – invoice to the Purchaser after payment of the price of the goods and send it in electronic form to the Purchaser’s E-mail Address.
4.9 According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register a revenue received online by the tax authorities; in case of technical failure latest within 48 hours.
5. WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. Purchaser takes into account that under provision of Section 1837 of the Civil Code, it is not possible among others to withdraw from the Purchase Agreement:
5.1.1. on delivery of the goods, the price of which depends on deviations of financial market independently on the Seller’s will and which may occur during the period for withdrawal from the agreement,
5.1.2. on delivery of alcoholic beverages that may be delivered after expiry of thirty days and price of which depends on deviations of financial market independent on the Seller’s will,
5.1.3. on delivery of the goods that were adapted according to the Purchaser’s wishes or just for him/her
5.1.4. on delivery of the perishable goods, as well as the goods that were mixed after delivery irretrievably with other goods,
5.1.5. on delivery of the goods in original closed package, which the Purchaser took out of the package and it is not possible to return them for hygienic reasons,
5.1.6. on delivery of audio or video record or computer program, if he/she broke its original package,
5.1.7. on delivery of newspapers, periodicals or magazines,
5.1.8. on delivery of digital content, unless it was delivered on physical medium and was delivered with prior express consent of the Purchaser before expiry of the period for withdrawal from the agreement and the Seller informed the Purchaser before conclusion of the agreement that is such case he/she would not be entitled to withdraw from the agreement.
5.2. Unless it is the case mentioned in clause 5.1 or other case when it is not possible to withdraw from the agreement, the Purchaser shall be entitled in accordance with provision of Section 1829 paragraph 1 of the Civil Code to withdraw from the Purchase Agreement within fourteen (14) days from takeover of the goods and in the case that several kinds of goods or delivery of several parts is subject of the Purchase Agreement, such period commences from the day of takeover of the last delivery of the goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period stated in previous sentence.
5.3. Purchaser may use for withdrawal from the Purchase Agreement a sample form provided by the Seller, which forms an Annex to the Terms and Conditions. Purchaser may send the withdrawal from the Purchase Agreement to the address of the plant or registered office of the Seller. Provision of Article 11 hereof shall apply for delivery of withdrawal from the agreement. Entrepreneur shall confirm to the consumer receipt thereof in text form and without undue delay.
5.4. In the case of withdrawal from the Purchase Agreement under clause 5.2 of the Terms and Conditions the Purchase Agreement shall be cancelled. Goods must be returned to the Seller within fourteen (14) days from withdrawal from the agreement. If the Purchaser withdraws from the Purchase Agreement, the Purchaser shall bear the costs connected with return of the goods to the Seller, also in the case when the goods may not be returned for its nature by mail.
5.5. In the case of withdrawal from the agreement under clause 5.2 of the Terms and Conditions, the Seller shall return the funds accepted from the Purchaser within fourteen (14) days from withdrawal from the Purchase Agreement to the Purchaser in the same manner, in which the Seller accepted the funds from the Purchaser. Seller shall be also entitled to return performance provided by the Purchaser already at return of the goods by the Purchaser or in another manner, if the Purchaser agrees with it and no other costs arise for the Purchaser by that. If the Purchaser withdraws from the Purchase Agreement, Seller shall not be obliged to return the received funds to the Purchaser before the Purchaser returns the goods or proves to the Seller that he/she sent the goods.
5.6. Seller shall be entitled to set off the claim for settlement of damage arisen on the goods unilaterally against the Purchaser’s claim for return of the purchase price.
5.7. Until the goods are taken over by the Purchaser the Seller shall be entitled to withdraw from the Purchase Agreement anytime. In such case the Seller shall return the purchase price to the Purchaser without undue delay by non-cash transfer to the account determined by the Purchaser.
5.8. If a gift is provided to the Purchaser together with the goods, the deed of gift between the Seller and the Purchaser shall be concluded with the resolutive condition that if the Purchaser withdraws from the Purchase Agreement, the deed of gift relating to such gift shall become ineffective and the Purchaser shall be obliged to return the provided gift to the Seller together with the goods.
6. SHIPPING AND DELIVERY OF GOODS
6.1. In the case that manner of transport is agreed on the basis of special requirement of the Purchaser, the Purchaser shall bear the risk and possible additional costs connected with such manner of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place determined by the Purchaser in the Order, the Purchaser shall be obliged to take over the goods on delivery.
6.3. In the case that it is necessary to deliver the goods repeatedly or in other manner than was stated in the Order for the reasons caused by the Purchaser, the Purchaser shall be obliged to pay the costs connected with repeated delivery of the goods or particularly the costs connected with other manner of delivery.
6.4. When taking over the goods from the carrier the Purchaser shall be obliged to check packages of the goods and in the case of any defects to inform the carrier immediately. In the case of finding of broken package showing unauthorized breaking into consignment, the Purchaser does not have to take over the consignment from the carrier.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. Rights and duties of the contracting parties regarding the rights from defective performance shall be governed by the applicable generally binding regulations (in particular provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).
7.2. Seller shall be liable to the Purchaser that the goods are free of defects at the takeover. In particular the Seller shall be liable to the Purchaser that at the moment when the Purchaser took over the goods
7.2.1. the goods have the properties, on which the parties agreed and if such provision is missing, they have such properties that the Seller or manufacturer described or that were expected by the Purchaser with regard to the character of the goods and on the basis of advertising made by them,
7.2.2. the goods are convenient for the purpose stated by the Seller for the use thereof or for which the goods of such kind are usually used,
7.2.3. the goods correspond by their quality or design to the agreed sample or model, if the quality or design was determined under the agreed sample or model,
7.2.4. the goods are in corresponding quantity, size or weight and
7.2.5. the goods comply with requirements of legal regulations.
7.3. Provisions mentioned in clause 7.2 of the Terms and Conditions shall not apply in the case of goods sold for lower price for defect, for which the lower price was agreed, for wear and tear of the goods caused by its common use, in the case of used goods for the defect corresponding to the extent of use or wear and tear that the goods had at the moment of takeover by the Purchaser or if it arises from nature of the goods.
7.4. If the defect appears during six months from the takeover, it shall be deemed that the goods were defective already at the moment of takeover.
7.5. Rights from defective performance shall be asserted by the Purchaser at the Seller at the address of its plant, in which acceptance of the claim is possible with regard to the range of sold goods or possibly also in the registered office or place of business. Moment of making the claim is considered to be the moment, when the Seller received the claimed goods from the Purchaser.
7.6. Other rights and duties of the parties relating to the Seller’s liability for defects may be regulated by the Seller’s complaints handling rules.
8. OTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
8.1. Purchaser shall acquire ownership to the goods by payment of the whole purchase price of the goods.
8.2. Seller is not bound in relation to the Purchaser by any codes of conduct within the meaning of provision of Section 1826 paragraph 1 letter e) of the Civil Code.
8.3. As for out-of-court settlement of consumer disputes from the Purchase Agreement the Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, identification No.: 000 20 869, Internet address: http://www.coi.cz, shall be competent.
8.4. Seller is entitled to sell the goods on the basis of the trade licence. Trade control is carried out by the Trade Licensing Office within its competence. Supervision over the personal data protection is carried out by the Office for Personal Data Protection. Czech Trade Inspection Authority carries out to the limited extent among others supervision over observance of Act No. 634/1992 Coll., on Consumer Protection, as amended by subsequent regulations.
8.5. Purchaser hereby assumes a risk of change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Protection of the personal data of the Purchaser, who is a natural person, is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended by subsequent regulations.
9.2. Purchaser agrees with processing of the following personal data: his/her name and surname, address, place of residence, identification No., tax identification No., e-mail address, telephone number (hereinafter jointly referred to as the “Personal Data”).
9.3. Purchaser agrees with processing of the Personal Data by the Seller for the purposes of execution of rights and duties from the Purchase Agreement and for the purposes of keeping of the User Account. Unless the Purchaser chooses another possibility, he/she agrees with processing of the Personal Data by the Seller also for the purposes of sending of information and commercial communications to the Purchaser. Consent to processing of the Personal Data to the whole extent under this Article is not a condition that could make in itself conclusion of the Purchase Agreement impossible.
9.4. Purchaser takes into account that he/she shall be obliged to state his/her Personal Data (when registering, in his/her User Account, when making Order from the E-shop Web Interface) correctly and truthfully and that he/she shall be obliged to inform the Seller without undue delay on change of his/her Personal Data.
9.5. Seller may authorize a third person as a processor to process the Purchaser’s Personal Data. Seller shall not provide the Personal Data to other persons than the ones delivering the goods without prior consent of the Purchaser.
9.6. Personal Data shall be processed for an indefinite period of time. Personal Data shall be processed in electronic form in automated manner or in printed form in non-automated manner.
9.7. Purchaser confirms that the provided Personal Data are correct and that he/she was advised on the fact that it is a voluntary providing of Personal Data.
9.8. In the case that the Purchaser supposed that the Seller or processor (clause 9.5) carries out processing of his/her Personal Data, which is in contradiction with protection of private and personal life of the Purchaser or contrary to law, in particular if the Personal Data are inaccurate with regard to the purpose of processing thereof, he/she may:
9.8.1. ask the Seller or processor for explanation,
9.8.2. require so that the Seller or processor removed the arisen situation.
9.9. If the Purchaser asks for information on processing of his/her Personal Data, the Seller shall be obliged to give him/her such information. Seller shall be entitled to require for providing of information under previous sentence adequate settlement not exceeding the costs necessary for providing of the information.
10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORING OF COOKIES
10.1. Purchaser agrees with sending of information related to the goods, services or business of the Seller to the Purchaser’s E-mail Address and he/she further agrees with sending of commercial communications by the Seller to the Purchaser’s E-mail Address.
10.2. Purchaser agrees with storing of the so-called cookies on his/her computer. In the case that it is possible to carry out purchase on the Website and fulfill the Seller’s obligations from the Purchase Agreement without storing of the so-called cookies on the Purchaser’s computer, the Purchaser may recall the consent under the previous sentence anytime.
11.1. Notices relating to relations of the Seller and the Purchaser, in particular relating to withdrawal from the Purchase Agreement, must be delivered by mail as a registered letter, unless it is stipulated in the Purchase Agreement otherwise. Notices shall be delivered to the respective contact address of the other party and shall be considered as delivered and effective at the moment of delivery thereof by mail, with the exception of the notice of withdrawal from the agreement made by the Purchaser, and the withdrawal shall be effective, if the notice is sent by the Purchaser within the period for the withdrawal.
11.2. Also the notice, takeover of which was refused by the addressee, which was not collected in the collection time or which returned as undeliverable, shall be considered as delivered.
11.3. Contracting parties may deliver standard correspondence by means of e-mail to the e-mail address stated in the Purchaser’s User Account or stated by the Purchaser in the Order or particularly to the address stated on the Seller’s Website.
12. FINAL PROVISIONS
12.1. If the relation established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relation shall be governed by the Czech law. This shall not affect the consumer rights arising from the generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective or if it becomes invalid or ineffective, provision, the sense of which is as close to the invalid provision as possible, shall replace the invalid provisions. Invalidity or ineffectiveness of one provision shall not affect validity of other provisions. Changes and amendments of the Purchase Agreement or Terms and Conditions shall be in writing.
12.3. Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is nor accessible.
12.4. Annex to the Terms and Conditions is formed by a sample form for withdrawal from the Purchase Agreement.
12.5. Contact data of the Seller: address for service Zábrdovická 801/11 , 61500 Brno, e-mail address firstname.lastname@example.org, telephone +420 533 312 341 .
In Brno on 1/10/2017
INFORMATION CONCERNING THE RIGHT TO WITHDRAW FROM AGREEMENT
1. RIGHT TO WITHDRAW FROM THE AGREEMENT
1.1 You are entitled to withdraw from this agreement within 14 days without giving reasons.
1.2 You are entitled to withdraw from the agreement without giving reasons within the period of 14 days from the day following the day of conclusion of the agreement and in the case of conclusion of the purchase agreement when you or a third party determined by you (other than the carrier) takes over the goods.
1.3 For the purposes of asserting of the right to withdraw from the agreement you must inform on your withdrawal from such agreement company 9b plus s.r.o.www.9b-plus.com with the registered office at Zábrdovická 801/11, 615 00 Brno , Place of business:Zábrdovická 801/11, 615 00 Brno , identification No.: 06179061, TEL: +420 533 312 341, by an unilateral legal act (for example by a letter sent through a postal operator or by fax). You can use the attached sample form for withdrawal from the agreement, however you are not obliged to use it.
1.4 To observe the period for withdrawal from the agreement, it shall be sufficient to send the withdrawal from the agreement before expiry of the respective period to mail : email@example.com
2. CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
2.1 If you withdraw from this agreement, we will return to you without undue delay, at the latest within 14 days from the day when we received your notice of withdrawal from the agreement, all payments that we received from you, including the delivery costs (except for additional costs arisen in the consequence of method of delivery chosen by you, which is other than the cheapest method of standard delivery offered by us). For return of payments we will use the same means of payment that you used for making of the initial transaction, unless you determined expressly otherwise. This will in no case cause rise of further costs for you. We will return the payment after we receive the returned goods or if you prove that you sent the goods back, whichever occurs earlier.
2.2 You shall bear the direct costs connected with the return of the goods. You shall be liable only for decrease of value of the goods in the consequence of handling of the goods in another manner than is necessary for acquainting with character and properties of the goods, including functionality thereof.
2.3 If you asked so that providing of services started during the period for withdrawal from the agreement, you shall pay us an amount proportional to extent of the services provided until the time that you informed us on withdrawal from the agreement, in comparison with the total extent of services stipulated in the agreement.
GENERAL INSTRUCTION FOR COMPLAINTS
Your purchase of the goods you have to prove submit an invoice or other sufficiently credible way.
As a consumer you can not apply the rights of the defects, what have you caused yourself or about which you know during the purchasing. As well as for defects we agreed to a price reduction. We are not responsible neither for normal wear and tear.
Complaints must be made within the 24-month period. It must be made immediately, to prevent the spread of the defect and because of that to refusing the complain. Early notification of the defect can ensure settlement of complain without problems.
Your complain is settled only after you will be notified about it. If the legal deadline expire, you can consider it as a fundamental breach of contract and you can withdraw from it.
EXCHANGE OF GOODS UP TO 120 DAYS TO PURCHASE
Goods, you buy in our shop can be replace within 120 days of purchase. The goods have to be unused, in original packaging and without any other damage. This applies both for goods purchased through our internet shop and also for the goods bought personally in our store.
You can replace ill-fitting T-shirt, shoes or unsuitable gift in 4 month from purchase… This you can appreciate especially during the Christmas season.
With goods is necessary to deliver completed form for goods replacement and copy of invoice of your purchase. Package with all these things please send to address of our store:
9b plus, s.r.o.
615 00 Brno ,
Contact us before sending goods, we can help you find best shipping option for you.