Terms and Conditions – Consumer
of: JC-Metal s.r.o.
With their registered office at: Vsetín, Bobrky 2298, Postcode 755 01, Czech Republic
Place of business: Vsetín, Bobrky 2298, Postcode 755 01, Czech Republic
Company ID No. 25 366 963
The company is registered in the Commercial Register maintained by the Regional Court in Ostrava Section C, Entry 15824,
Correspondence address: Vsetín, Bobrky 2298, Postcode 755 01, Czech Republic
Correspondence email: jc-metal@jc-metal.cz
Tel. +420 571 811 990
regarding sales of goods (universal quick-clamping tools for work-pieces, welding equipment) via the e-shop at www.jcmetal.cz
INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of JC-Metal s.r.o., with their registered office at Vsetín, Bobrky 2298, 755 01, ID No. 25366963, registered in the Commercial Register maintained by the Regional Court in Ostrava (hereinafter referred to as the “Seller”) regulate the mutual rights and duties of contracting parties arising out of, or in connection with, purchase contracts (hereinafter referred to as the “Purchase Contract”) entered into between the Seller and individuals/consumers (hereinafter referred to as "Buyers") via the Seller's e-shop. The e-shop is operated by the Seller at www.jcmetal.cz, via a web interface (hereinafter referred to as the "E-shop Web Interface").
1.2. In addition, the Terms and Conditions regulate the rights and duties of the contracting parties when using the Seller's website at www.jcmetal.cz (hereinafter referred to as the "Website") and other related legal relationships. The Terms and Conditions do not apply where the person who intends to purchase goods from the Seller is a legal entity or a person who orders goods as part of their trade, business or profession.
1.3. The contracting parties may agree on provisions derogating from the Terms and Conditions in their Purchase Contract. Any derogating provisions in the Purchase Contract shall prevail over those of the Terms and Conditions.
1.4. These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contracts and the Terms and Conditions are governed by Czech law.
1.5. The Seller may amend or add to the text of the Terms and Conditions. This provision shall be without prejudice to the rights and duties of the Contracting Parties existing at the time the preceding version of the Terms and Conditions was in force.
User account
1.6. The Buyer may access their user interface by registering on the Website. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account“). Where permitted by the E-shop Web Interface, the Buyer can also order goods directly from the E-shop Web Interface without registering first.
1.7. When registering on the Website and when ordering goods, the Buyer is required to ensure all the data provided are correct and true. The Buyer is required to update the data indicated in the User Account in the event of any changes. The Seller shall presume the data provided by the Buyer in their User Account and when ordering goods are correct.
1.8. Access to the User Account is user name- and password-protected.
The Buyer is required to maintain the confidentiality of the login credentials for their User Account and acknowledges the Seller shall not be liable for any breach of this duty by the Buyer.
1.9. The Buyer may not grant the use of the User Account to third parties.
1.10. The Seller may cancel the User Account, especially if the Buyer does not use it for more than 6 months, or if the Buyer violates their duties under the Purchase Contract (including the Terms and Conditions).
1.11. The Buyer understands the User Account may not be available all the time, especially with regard to the necessary maintenance of the Seller’s or third parties’ hardware and software.
Concluding a Purchase Contract
1.12. The E-shop Web Interface contains a list of goods made available for sale by the Seller, including the prices of specific goods being offered. The offer of goods for sale and the prices of the goods apply as long as they are displayed on the E-shop Web Interface. This provision is without prejudice to the option of the Seller to conclude Purchase Contracts subject to terms and conditions agreed on a case-by-case basis. All offers of goods for sale displayed on the E-shop Web Interface are non-binding and the Seller is not obliged to conclude any Purchase Contracts regarding the goods.
1.13. The E-shop Web Interface also contains information on the costs of packaging and delivery of the goods. The information on the costs of packaging and delivery of the goods listed in the E-shop Web Interface only applies where the goods are to be delivered to locations within the Czech Republic.
1.14. To order the goods, the Buyer shall fill in the order form available at the E-shop Web Interface. The order form mainly contains information on:
the goods ordered (the Buyer “inserts” the ordered goods in the e-shopping cart on the E-shop Web Interface),
purchase price and VAT and the payment method for the purchase price of the goods, information on the required delivery method and
costs related to the delivery of the goods
(hereinafter referred to as the “Order“).
1.15. Before submitting their Order to the Seller, the Buyer may check and revise the information entered in the Order, and to identify and check any errors that occurred while they were entering the data in the Order. The Buyer submits their Order by clicking on the "Send Order" button. The Seller shall presume the information provided in the Order is correct. Immediately after receiving the Order, the Seller will confirm the receipt to the Buyer by e-mail (hereinafter referred to as Order Confirmation), at the Buyer's e-mail address specified in the Web Interface or in the Order (hereinafter referred to as the "Buyer's E-mail Address").
1.16. Depending on the nature of their Order (quantity of goods, purchase price, estimated shipping costs), the Seller shall always have the right to ask the Buyer for an additional Order Confirmation (in writing, over the phone, etc.).
1.17. A contract is formed between the Seller and Buyer with the receipt of the Order Confirmation, which the Seller sends to the Buyer by e-mail, at the Buyer's E-mail Address.
1.18. The Buyer understands that the Seller is under no obligation to enter into a Purchase Contract, especially with persons who have previously committed a fundamental breach of the Purchase Contract (including a fundamental breach of the Terms and Conditions).
1.19. The Buyer agrees to the use of means of remote communication when concluding the Purchase Contract. The costs to be incurred by the Buyer when using the means of remote communication in connection with the conclusion of the Purchase Contract (Internet and phone charges) shall be borne by the Buyer.
Price of the goods and Payment Terms
1.20. The Buyer may pay the price of the goods and any costs related to the delivery of the goods under the Purchase Contract using any of the following payment methods:
in cash within the Seller's premises at Bobrky 2298, 755 01 Vsetín
cash-on-delivery at the place to be specified by the Buyer in their Order;
wire transfer (or payment card) to the Seller’s account (hereinafter referred to as the “Seller’s Account“);
1.21. Along with the purchase price, the Buyer shall pay the Seller the packaging and delivery costs. The delivery and packaging costs shall be as determined by the carrier’s price list.
1.22. For payment in cash or cash-on-delivery, the purchase price is payable upon receipt of the goods. For wire transfer, the purchase price is payable within 14 days of concluding the Purchase Contract.
1.23. For wire transfer, the Buyer is obliged to pay the purchase price of the goods under a certain variable payment code.
1.24. Especially where the Buyer does not provide the additional Order Confirmation (Article 1.16), the Seller may demand full payment of the purchase price before the goods are dispatched to the Buyer.
1.25. The discounts on the price of the goods provided by the Seller to the Buyer, if any, cannot be combined.
1.26. At the time of shipping the goods, the Seller shall issue a fiscal receipt/invoice to the Buyer concerning the payments made under the Purchase Contract. The Seller is a VAT payer. The Seller shall issue the fiscal receipt/invoice to the Buyer upon payment of the price of the goods and at the Buyer’s request, the Seller may send the fiscal receipt/invoice in electronic format to the Buyer’s email address.
Withdrawal from a Purchase Contract
1.27 The Buyer who is a consumer has the right to withdraw from the Contract within 14 days of taking over the goods. In such a case, the Buyer is not required to indicate the reasons for withdrawing from the Contract.
1.28 The Seller shall refund an amount corresponding to the price of the purchased goods and the costs of delivery to the Buyer within 14 days of withdrawal from the Contract. The refund will be made using the same payment method the Buyer previously used to pay for the goods.
1.29 Since with the withdrawal from the Contract, the contract is cancelled ab initio, the Seller and the Buyer shall return to or compensate each other for all performances accepted until that point.
1.30 The Buyer may withdraw from the Contract by informing the Seller of the withdrawal in electronic format at jc-metal@jc-metal.cz or by surface mail or in writing at the Seller's premises. When withdrawing from a Contract, the Buyer must indicate the Order number, variable code, date of purchase and submit the original of the receipt showing the purchase of the goods.
1.31 If the Buyer has already accepted the goods, they shall send the goods back to the Seller’s establishment subject to the following conditions:
- the goods must be adequately packed so as to prevent any damage
- the goods must not have been used
- the goods must not be damaged
- the goods must be complete
1.32 The costs of sending the goods back to the Seller shall be borne by the Buyer. If the goods sent back to the Seller are damaged as a result of the Buyer having breached any of their duties, the Seller may claim damages from the Buyer at an amount equivalent to the scope of the damage and set the amount off against the amount to be returned to the Buyer.
Transport and delivery of the goods
1.33. The method of delivery of the goods shall be determined by the Seller unless otherwise stipulated in the Order. If the method of transport has been agreed at the Buyer’s request, the Buyer shall bear the risk and any extra costs associated with the method of transport concerned.
1.34. If, under the Purchase Contract, the Seller is required to deliver the goods to a location determined by the Buyer in the Order, the Buyer is obliged to take the goods over upon delivery. If the Buyer does not take the goods over upon delivery, the Seller may claim a storage fee of CZK 100 (in words: one hundred Czech crowns) and withdraw from the Purchase Contract.
1.35. If, for reasons attributable to the Buyer, the goods must be delivered repeatedly, or using a method other that indicated in the Order, the Buyer shall bear the costs connected with the repeated delivery of the goods and the costs associated with the other method of delivery.
1.36. When receiving the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, if they identify any damage to the packaging, immediately notify the carrier. If the Buyer finds damage to the packaging implying the consignment has been tampered with, the Buyer is not obliged to take the consignment over from the carrier.
Defect liability, warranty, complaints
1.37. The Seller is liable to the Buyer for the defect-free condition of the goods upon takeover. The Seller is in particular liable to ensure that at the time the Buyer takes the goods over:
a) the goods have the properties stipulated by the parties, and in the absence of such a stipulation such properties which the Seller or producer described, or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer,
b) the goods are suitable to be used for the purpose stated by the Seller or for which the goods of such kind are usually used,
c) the quality or design of the goods corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
d) the goods are in the required quantity and have the required measurements or weight and
e) the goods meet the requirements laid down by applicable laws.
1.38. If a defect manifests itself within six months from takeover, the goods are presumed to have already been defective upon takeover.
1.39. The Seller is further liable for any defects in the goods that emerge after the goods are taken over by the Buyer, within the guarantee period of 24 months.
1.40. The guarantee period shall commence upon takeover of the goods by the Buyer. The guarantee does not apply to regular wear-and-tear of the goods or parts thereof caused by the use of the goods. A shorter service life of a product cannot, under such circumstances, be regarded as a defect and cannot be claimed as such.
1.41. At the request of the Buyer, the Seller shall confirm to the Buyer, in writing, for how long and to what extent they shall bear their duties arising from the defective performance provided by them. The Seller shall also specify the manner in which the Buyer may exercise their rights arising from defective performance against the Seller.
1.42. For defects that entail a fundamental breach contract (regardless of whether the defects are removable or not), the Buyer may demand the following from the Seller:
- supply of new defect-free goods or supply of the missing goods
- removal of the defect by having the goods repaired,
- reasonable reduction of the purchase price, or
- refund of the purchase price following withdrawal from the Contract
1.43. A fundamental breach means such a breach of which the breaching party, at the conclusion of the contract, knew or should have known that the other party would not have concluded the contract had it foreseen such a breach.
1.44. For defects that entail a non-fundamental breach of contract (regardless of whether the defects are removable or not), the Buyer may demand the following from the Seller:
- removal of the defect
- reasonable reduction of the purchase price.
1.45. If a removable defect keeps recurring after a repair (i.e., the third complaint against one and the same defect, or a fourth complaint against a different defect) or if the goods display at least three defects at a time, the Buyer may claim replacement of the respective goods or withdraw from the Contract.
Filing complaints
1.46. If the Buyer identifies a defect in the purchased product during the guarantee period that has not been caused by the product’s improper use, they have the right to claim the goods.
1.47. For the purposes hereof, a defect is present, in particular, where the goods delivered by the Seller lack the stipulated or generally expected properties; the goods cannot be used for the agreed or usual purpose thereof, the goods are incomplete or lacking in quantity, or the goods fail to meet the statutory or stipulated parameters in any other way.
1.48. If the Buyer intends to claim the goods, they shall send a complaint form to the Seller's address, indicating the name of the goods, serial number, date of sale and the sales warehouse concerned and include a description of the defect.
1.49. Within two business days, the Buyer will be sent information on the further steps to be taken in the complaint resolution process, the address of a service centre or the address where the Buyer should send the claimed goods to.
1.50. The claimed goods must be sent in the original or other suitable transport packaging, as neither the Seller nor the carrier is liable for any mechanical damage due to inappropriate packaging occurring before the goods are received back by the Seller.
1.51. The Seller or service centre will assess the justification of the claim based on the defects in the goods and then notify the Buyer of the method in which the complaint will be resolved by e-mail, or using another channel of communication indicated by the Buyer. After that, the Buyer shall be invited to pick up the claimed goods. Each complaint shall be resolved within thirty days.
Other rights and duties of the Contracting Parties
1.52. The Buyer shall acquire the title in the goods after they pay the full purchase price. The risk of damage to the goods passes on the day the goods are handed/taken over.
1.53. The Buyer acknowledges that the software and other parts forming the E-shop Web Interface (including pictures of the goods offered) are copyright-protected. The Buyer undertakes not to engage in any activity that may allow them or third parties to tamper with or improperly use the software or other components of the E-shop Web Interface.
1.54. When using the E-shop Web Interface, the Buyer may not use any mechanisms or software or take any steps that might affect the operation of the E-shop Web Interface. The E-shop Web Interface may only be used to the extent that the use does not interfere with the Buyer’s other clients’ rights and is consistent with its intended purpose.
1.55. A Purchase Contract may be concluded in the Czech language.
1.56. The Buyer acknowledges that the Seller is not liable for any errors caused by third party interventions in the Website or due to the Website being used in conflict with its intended purpose.
Information on processing of personal data and consent to the processing
1.57. The Seller processes the following personal data:
a) name and surname, corporate name,
c) residential address or registered office for a company,
d) identification number and VAT identification number,
e) telephone number, e-mail address
1.58. The data are processed for 2 years where they are processed for the Seller to fulfil their duties under a contract, and, with the Buyer’s consent, for 10 years where they are used for advertising purposes.
1.59. The Buyer has the following rights concerning the processing of their personal data:
(a) the right to access to their personal data;
(b) the right to rectification;
(c) the right to erasure ("right to be forgotten");
d) the right to restriction of processing;
e) the right to object to the processing; and
f) the right to lodge complaints against the processing of their personal data.
1.60. The Buyer may exercise all of the aforementioned rights by contacting us at jc-metal@jc-metal.cz
1.61. The Buyer acknowledges they are obliged to provide their correct and true personal data (during registration, in their User Accounts when ordering from the E-shop Web Interface) and they are obliged to inform the Seller without undue delay of any changes in their personal data.
1.62. The Seller, as a controller, further proceeds in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the “GDPR Regulation”),
Correspondence
1.63. Unless otherwise agreed, all correspondence relating to a Purchase Contract must be delivered to the other party in writing, by e-mail, in person or by registered mail (at the choice of the sender). Any correspondence intended for the Buyer shall be delivered to the email address provided in their User Account.
1.64. A message shall be deemed delivered:
if sent by email, once it is received at the incoming mail server; the integrity of the messages sent by email must be certificate-protected.
if delivered in person or via a postal licence holder, once the consignment is taken over by the addressee
if delivered in person or via a postal licence holder, also once the addressee (or a person authorised to accept the consignment on behalf of the addressee) refuses to accept the consignment,
if delivered via a postal licence holder, with the lapse of ten (10) days from the deposition of the consignment and inviting the addressee to take the deposited consignment over, if the consignment is deposited with the postal licence holder, including where the addressee does not find out about the deposition.
Final provisions
1.65. Where the relationship established by the use of the Website or the legal relationship established by a Purchase Contract contains an international (foreign) element, then the Contracting Parties have agreed that the relationship shall be governed by Czech law.
1.66. If any provision hereof is or becomes void or unenforceable, it shall be replaced with a provision, the meaning of which comes as close as possible to the void provision. The invalidity or unenforceability of a provision shall be without prejudice to the validity of the remaining provisions.
1.67. Any disputes arising between the Seller and the Buyer shall be resolved by the courts of the respective substantive and territorial jurisdiction. A Buyer who does not buy the goods as part of their trade or business (a consumer), has the right to have any dispute resolved out-of-court with the Czech Trade Inspection Authority (www.coi.cz). Out-of-court resolution of consumer disputes is initiated at the motion of the consumer. The proposal must be submitted by the consumer within 1 year of the day the consumer exercised the right that is the object of the dispute with the Seller for the first time. The Czech Trade Inspection Authority (www.coi.cz) monitors compliance with the duties stipulated under the Consumer Protection Act.
1.68. The rights and duties of the Seller and the Buyer not expressly regulated hereunder shall be governed by Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., Consumer Protection Act, as amended.
Terms and Conditions – Businessman
of: JC-Metal s.r.o.
With their registered office at: Vsetín, Bobrky 2298, Postcode 755 01, Czech Republic
Place of business: Vsetín, Bobrky 2298, Postcode 755 01, Czech Republic
Company Identification No. 25 366 963
The company is registered in the Commercial Register maintained by the Regional Court in Ostrava Section C, Entry 15824
Correspondence address: : Vsetín, Bobrky 2298, Postcode 755 01, Czech Republic
Correspondence email: jc-metal@jc-metal.cz
Tel. +420 571 811 990
regarding sales of goods (universal quick-clamping tools for work-pieces, welding equipment) via the e-shop at www.jcmetal.cz
INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of JC-Metal s.r.o., with their registered office at Vsetín, Bobrky 2298, 755 01, ID No.
25366963, registered in the Commercial Register maintained by the Regional Court in Ostrava (hereinafter referred to as the "Seller") regulate the mutual rights and duties of contracting parties arising out of, or in connection with, purchase contracts (hereinafter referred to as the "Purchase Contract") entered into between the Seller and individuals/consumers (hereinafter referred to as "Buyers") via the Seller's e-shop. These Terms and Conditions do not apply to consumers. The e-shop is operated by the Seller at www.jcmetal.cz, via a web interface (hereinafter referred to as the "E-shop Web Interface").
1.2. In addition, the Terms and Conditions regulate the rights and duties of the contracting parties when using the Seller's website at www.jcmetal.cz (hereinafter referred to as the "Website") and other related legal relationships. The Terms and Conditions do not apply where the person who intends to purchase goods from the Seller acts as part of their business.
1.3. The contracting parties may agree on provisions derogating from the Terms and Conditions in their Purchase Contract. Any derogating provisions in the Purchase Contract shall prevail over those of the Terms and Conditions.
1.4. These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contracts and the Terms and Conditions are governed by Czech law.
1.5. The Seller may amend or add to the text of the Terms and Conditions. This provision shall be without prejudice to the rights and duties of the Contracting Parties existing at the time the preceding version of the Terms and Conditions was in force.
User account
1.6. The Buyer may access their user interface by registering on the Website. From their user interface, the Buyer may order goods (hereinafter referred to as the "User Account"). Where permitted by the E-shop Web Interface, the Buyer can also order goods directly from the E-shop Web Interface without registering first.
1.7. When registering on the Website and when ordering goods, the Buyer is required to ensure all the data provided are correct and true. The Buyer is required to update the data indicated in the User Account in the event of any changes. The Seller shall presume the data provided by the Buyer in their User Account and when ordering goods are correct.
1.8. Access to the User Account is user name- and password-protected. The Buyer is required to maintain the confidentiality of the login credentials for their User Account and acknowledges the Seller shall not be liable for any breach of this duty by the Buyer. If the Buyer breaches this duty, they run the risk of a misuse of access to their User Account.
1.9. The Buyer may not grant the use of the User Account to third parties.
1.10. The Seller may cancel the User Account, especially if the Buyer does not use it for more than 6 months, or if the Buyer violates their duties under the Purchase Contract (including the Terms and Conditions).
1.11. The Buyer understands the User Account may not be available all the time, especially with regard to the necessary maintenance of the Seller's or third parties' hardware and software.
Concluding a Purchase Contract
1.12. The E-shop Web Interface contains a list of goods made available for sale by the Seller, including the prices of specific goods being offered. The prices of the goods are indicated exclusive of VAT and all related charges. The offer of goods for sale and the prices of the goods apply as long as they are displayed on the E-shop Web Interface. This provision is without prejudice to the option of the Seller to conclude Purchase Contracts subject to terms and conditions agreed on a case-by-case basis. All offers of goods for sale displayed on the E-shop Web Interface are non-binding and the Seller is not obliged to conclude any Purchase Contracts regarding the goods.
1.13. The E-shop Web Interface also contains information on the costs of packaging and delivery of the goods. The information on the costs of packaging and delivery of the goods listed on the E-shop Web Interface only applies where the goods are to be delivered to locations within the Czech Republic.
1.14. To order the goods, the Buyer shall fill in the order form available at the E-shop Web Interface. The order form mainly contains information on:
the goods ordered (the Buyer "inserts" the ordered goods in the e-shopping cart on the E-shop Web Interface),
purchase price and VAT and the payment method for the purchase price of the goods, information on the required delivery method and
costs related to the delivery of the goods
(hereinafter referred to as the "Order").
1.15. Before submitting their Order to the Seller, the Buyer may check and revise the information entered in the Order, and to identify and check any errors that occurred while they were entering the data in the Order. The Buyer submits their Order by clicking on the "Send Order" button. The Seller shall presume the information provided in the Order is correct. Immediately after receiving the Order, the Seller will confirm the receipt to the Buyer by e-mail (hereinafter referred to as Order Confirmation), at the Buyer's e-mail address specified in the Web Interface or in the Order (hereinafter referred to as the "Buyer's E-mail Address").
1.16. Depending on the nature of their Order (quantity of goods, purchase price, estimated shipping costs), the Seller shall always have the right to ask the Buyer for an additional Order Confirmation (in writing, over the phone, etc.).
1.17. A contract is formed between the Seller and Buyer with the receipt of the Order Confirmation, which the Seller sends to the Buyer by e-mail, at the Buyer's E-mail Address.
1.18. The Buyer understands that the Seller is not under any obligation to enter into a Purchase Contract, especially with persons who have previously committed a fundamental breach of the Purchase Contract (including a fundamental breach of the Terms and Conditions).
1.19. The Buyer agrees to the use of means of remote communication when concluding the Purchase Contract. The costs to be incurred by the Buyer when using the means of remote communication in connection with the conclusion of the Purchase Contract (Internet and phone charges) shall be borne by the Buyer.
Price of the goods and Payment Terms
1.20. The Buyer may pay the price of the goods and any costs related to the delivery of the goods under the Purchase Contract using any of the following payment methods:
in cash within the Seller's premises at Bobrky 2298, 755 01 Vsetín
cash-on-delivery at the place to be specified by the Buyer in their Order;
wire transfer (or payment card) to the Seller's account (hereinafter referred to as the "Seller's Account");
1.21. Along with the purchase price, the Buyer shall pay the Seller the packaging and delivery costs. The delivery and packaging costs shall be as determined by the carrier's price list.
1.22. For payment in cash or cash-on-delivery, the purchase price is payable upon receipt of the goods. For wire transfer, the purchase price is payable within 14 days of concluding the Purchase Contract.
1.23. For wire transfer, the Buyer is obliged to pay the purchase price of the goods under a certain variable payment code.
1.24. Especially where the Buyer does not provide the additional Order Confirmation (Article 1.16), the Seller may demand full payment of the purchase price before the goods are dispatched to the Buyer.
1.25. The discounts on the price of the goods provided by the Seller to the Buyer, if any, cannot be combined.
1.26. At the time of shipping the goods, the Seller shall issue a fiscal receipt/invoice to the Buyer concerning the payments made under the Purchase Contract. The Seller is a VAT payer. The Seller shall issue the fiscal receipt/invoice to the Buyer upon payment of the price of the goods and at the Buyer's request, the Seller may send the fiscal receipt/invoice in electronic format to the Buyer's email address.
Withdrawal from a Purchase Contract
1.27. The Parties may only withdraw from a Purchase Contract in the cases stipulated by the general law.
1.28. If either Party withdraws from the Contract as foreseen under 1.27 of the Terms and Conditions, the Purchase Contract is cancelled ab initio.
1.29. The Goods must be returned to the Seller within fourteen (14) business days from the dispatch of the letter of withdrawal to the Seller.
1.30. The Seller shall have the right to examine the returned goods within ten (10) days of the return of the goods by the Buyer as foreseen under 1.29 of the Terms and Conditions, in particular with a view to making sure that the returned goods are not damaged, worn or partially consumed.
1.31. If the Buyer withdraws from the Purchase Contract as foreseen under 1.27 of the Terms and Conditions, the Seller shall refund the purchase price to the Buyer (excluding the costs of delivery of the goods) within ten (10) days of the lapse of the time limit for the examination of the goods as provided for under 1.30 of the Terms and Conditions, by wire transfer to the account indicated by the Buyer. The Seller may also refund the purchase price in cash already at the time the Buyer returns the goods.
1.32. The Buyer understands that if the goods returned by them is damaged, worn or partially consumed, the Seller may claim compensation for the damage incurred from the Buyer. The Seller may unilaterally set off their claim to the damage against the Buyer's claim to the refund of the purchase price.
Transport and delivery of the goods
1.33. The method of delivery of the goods shall be determined by the Seller unless otherwise stipulated in the Order. If the method of transport has been agreed at the Buyer's request, the Buyer shall bear the risk and any extra costs associated with the method of transport concerned.
1.34. If, under the Purchase Contract, the Seller is required to deliver the goods to a location determined by the Buyer in the Order, the Buyer is obliged to take the goods over upon delivery. If the Buyer does not take the goods over upon delivery, the Seller may claim a storage fee of CZK 100 (in words: one hundred Czech crowns) and withdraw from the Purchase Contract.
1.35. If, for reasons attributable to the Buyer, the goods must be delivered repeatedly, or using a method other than that indicated in the Order, the Buyer shall bear the costs connected with the repeated delivery of the goods and the costs associated with the other method of delivery.
1.36. When taking the goods over from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, if they identify any damage to the packaging, immediately notify the carrier. If the Buyer finds damage to the packaging implying the consignment has been tampered with, the Buyer is not obliged to take the consignment over from the carrier. By signing the delivery note, the Buyer confirms the consignment meets all of the conditions and essentials and any complaint filed later on concerning the lack of integrity of the packaging will have to be disregarded.
Defect liability
1.38. The rights and duties of the Contracting Parties regarding the Seller liability for defects, including the Seller's guarantee liability, shall be governed by the generally binding laws, especially the Civil Code and its implementing laws.
1.39. The Seller is liable to the Buyer that the goods being sold comply with the Purchase Contract and especially that the goods are defect-free. Compliance of the goods with the Purchase Contract means that the item being sold meets the quality standard and displays the useful properties described by the manufacturer or their agent, or expected based on the advertising presented by them, or that it meets a quality standard and displays useful properties that are customary for the given type of goods; that the goods meet statutory requirements; that the the goods are in the required quantity and have the required measurements or weight, and that they are fit to be used for the purpose for which the item concerned is usually used.
1.40. If the goods do not comply with the Purchase Contract at the time of being taken over by the Buyer (hereinafter referred to as "Conflict with the Purchase Contract"), the Buyer may demand that the Seller bring the goods into compliance with the Purchase Contract, free of charge and without undue delay, at the choice of the Buyer either by replacing or having the items concerned repaired; if this is impracticable, the Buyer may demand a reasonable reduction of the price of the item or to withdraw from the Contract. The above shall not apply if
the Buyer knew about the Conflict with the Purchase Contract prior to taking the item over, or if the Buyer has caused the Conflict themselves.
1.41. Defect liability shall not apply to defects in the goods that have evolved as a result of the use of the goods.
1.42. The Buyer shall exercise their defect liability claims with the Seller at the address of the latter's place of business. The Seller shall provide for any repairs and servicing.
Other rights and duties the Contracting Parties
1.43. The Buyer shall acquire the title in the goods once they pay the full purchase price. The risk of damage to the items shall pass on the day the goods are handed/taken over.
1.44. The Buyer acknowledges that the software and other parts forming the E-shop Web Interface (including pictures of the goods offered) are copyright-protected. The Buyer undertakes not to engage in any activity that may allow them or third parties to tamper with or improperly use the software or other components of the E-shop Web Interface.
1.45. When using the E-shop Web Interface, the Buyer may not use any mechanisms or software or take any steps that might affect the operation of the E-shop Web Interface. The E-shop Web Interface may only be used to the extent that the use does not interfere with the Buyer's other clients' rights and is consistent with its intended purpose.
1.46. A Purchase Contract may be concluded in the Czech language.
1.47. The Buyer acknowledges that the Seller is not liable for any errors caused by third party interventions in the Website or due to the Website being used in conflict with its intended purpose.
Information on processing of personal data and consent to the processing
1.48. The Seller processes the following personal data:
a) name and surname, corporate name,
c) residential address or registered office for a company,
d) identification number and VAT identification number,
e) telephone number, e-mail address
1.49. The data are processed for 2 years when they are processed for the Seller to fulfil their duties under a contract, and, with the Buyer's consent, for 10 years where they are used for advertising purposes.
1.50. The Buyer has the following rights concerning the processing of their personal data:
(a) the right to access to their personal data;
(b) the right to rectification;
(c) the right to erasure ("right to be forgotten");
(d) the right to restriction of processing;
(e) the right to object to the processing; and
(f) the right to lodge complaints against the processing of their personal data.
1.51. The Buyer may exercise all of the aforementioned rights by contacting us at jc-metal@jc-metal.cz
1.52. The Buyer acknowledges they are obliged to provide their correct and true personal data (during registration, in their User Accounts when ordering from the E-shop Web Interface) and they are obliged to inform the Seller without undue delay of any changes in their personal data.
1.53. The Seller, as a controller, further proceeds in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the "GDPR Regulation"),
Correspondence
1.54. Unless otherwise agreed, all correspondence relating to a Purchase Contract must be delivered to the other party in writing, by e-mail, in person or by registered mail (at the choice of the sender). Any correspondence intended for the Buyer shall be delivered to the email address provided in their User Account.
1.55. A message shall be deemed delivered:
if sent by email, once it is received at the incoming mail server; the integrity of the messages sent by email must be certificate-protected.
if delivered in person or via a postal licence holder, once the consignment is taken over by the addressee
if delivered in person or via a postal licence holder, also once the addressee (or a person authorised to accept the consignment on behalf of the addressee) refuses to accept the consignment,
if delivered via a postal licence holder, with the lapse of ten (10) days from the deposition of the consignment and inviting the addressee to take the deposited consignment over, if the consignment is deposited with the postal licence holder, including where the addressee does not find out about the deposition.
Final provisions
1.56. Where the relationship established by the use of the Website or the legal relationship established by a Purchase Contract contains an international (foreign) element, then the Contracting Parties have agreed that the relationship shall be governed by Czech law.
1.57. If any provision hereof is or becomes void or unenforceable, it shall be replaced with a provision, the meaning of which comes as close as possible to the void provision. The invalidity or unenforceability of a provision shall be without prejudice to the validity of the remaining provisions.
1.58. Any disputes arising between the Seller and the Buyer shall be resolved by the courts of the respective substantive and territorial jurisdiction.
1.59. The rights and duties of the Seller and the Buyer not expressly regulated hereunder shall be governed by Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., Consumer Protection Act, as amended.