TERMS & CONDITIONS
AIR TEAM, s.r.o.
with its official registered office at Masarykovo náměstí 354, 664 71 Veverská Bítýška
organisation ID Number: 28287517
recorded in the Commercial Register administered by the Regional Court in Brno, Section C, File No. 58709
for the sale of goods through an online store located on the website www.airteam.eu/en
1. INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") regulate the relations between the parties to a purchase, license or service contract (hereinafter referred to as "Contract"), where the company AIR TEAM, s.r.o. is on one side, with its registered office at Masarykovo náměstí 354, 664 71 Veverská Bítýška, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 58709 as the Seller (hereinafter referred to as "AIR TEAM" or "Seller") and on the other side is the Buyer (hereinafter referred to as "Buyer").
1.2 These Terms and Conditions are effective and valid from 07.11.2022 and repeal the previous version of the GTC including its components, and are available at AIR TEAM's headquarters and offices or electronically at www.airteam.eu.
1.3 These terms and conditions apply to the conclusion of all contracts concluded by the seller and the buyer, respectively to the services provided in connection with the goods offered, unless otherwise expressly agreed between the parties.
1.5 The provisions of the Terms and Conditions are an integral part of the contract. The contract and the terms and conditions are drawn up in the Czech language. If a translation of the text of the contract arises for the Buyer's needs, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
1.5 The Buyer will receive a copy of the GTC as an attachment to the order confirmation to the specified e-mail address. The Buyer will receive the invoice containing the basic data of the contract, including the receipt according to the Sales Registration Act and the tax document in electronic form, which the Buyer agrees to. Links to these documents are sent to the Buyer at the e-mail address provided by the Buyer when placing the order. If you wish to receive a paper invoice, you can use our contact form.
1.6 Deviating provisions from the terms and conditions may only be agreed upon by written agreement between the Seller and the Buyer. Deviating provisions shall take precedence over the provisions of these Terms and Conditions.
1.7. The Buyer is aware that the purchase of goods that are in the Seller's commercial offer does not give him any rights to use registered brands, trade names, company logos, etc. of the Seller or the Seller's contractual partners, unless otherwise agreed in a specific case by a special contract.
1.8. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
For the purposes of these Terms and Conditions (hereinafter referred to as "T&C"), the following terms shall have the following meanings:
2.1 The Civil Code is Act No. 89/2012 Coll., the Civil Code, as amended.
2.2 A buyer-consumer is a customer who concludes a purchase contract with the seller outside the scope of his business activity or outside the scope of his independent exercise of his profession within the meaning of Section 419 of the Civil Code.
2.3 A buyer-entrepreneur is a customer who concludes a purchase contract with the seller within the scope of his business activity or within the scope of his independent exercise of his profession within the meaning of Section 420(1) of the Civil Code, especially if he provides his VAT number and tax identification number.
2.4 Buyer is a common term for buyer-consumer and buyer-business.
2.5 The online shop is operated by the Seller on the website located at www.airteam.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
2.6 An order is a binding set of requirements, which the buyer draws up according to his choice from the goods and delivery method listed in the online store or the seller's offer and which he sends to the seller. The order is a proposal for the conclusion of a contract (offer) within the meaning of § 1731 et seq. of the Civil Code.
3. PRE-CONTRACTUAL COMMUNICATION ACCORDING TO § 1820 OF THE CIVIL CODE FOR CONSUMER BUYERS
Sellers shall disclose the following information in relation to buyers-consumers when their actions are aimed at concluding a purchase contract:
3.1 The cost of the means of distance communication does not differ from the basic rate (in the case of internet and telephone connection according to the terms and conditions of the buyer-consumer's operator, the seller does not charge any additional fees, this does not apply to contractual transport);
3.2 The Seller requires payment of the purchase price prior to the Buyer's acceptance of performance from the Seller; any obligation to pay a deposit or other similar payment applies to the Buyer's requirements for delivery of goods to order or specific services, if required and provided;
3.3 The Seller shall not conclude contracts the subject of which is a repeated performance; if it mediates such contracts, the shortest period for which the parties will be bound by the contract shall be communicated by the provider of the performance in question, including details of the price or the method of determining it for one billing period, which is always one month, provided that this price is not variable;
3.4 The prices of goods and services on the website operated by the Seller are quoted inclusive and exclusive of VAT, including all charges provided for by law, however, the cost of delivery of goods or services varies according to the method and provider of transport chosen and the method of payment of the order;
3.5 These terms and conditions include a notice of the possibility to withdraw from the contract.
3.6 The buyer-consumer has the right to withdraw from the contract (unless otherwise stated below) within 14 days, which runs if the contract is
• the purchase contract, from the date of receipt of the goods
• a contract for several goods or for the supply of several parts, from the date of acceptance of the last delivery of the goods; or
• a contract whose subject matter is the regular recurring delivery of goods, from the date of receipt of the first delivery of goods;
the withdrawal must be sent to the address of the Seller's registered office, to the e-mail address email@example.com, communicated in person at the Seller's registered office, communicated by telephone, or use the withdrawal form on the Seller's website.
3.7 The consumer buyer cannot withdraw from the contract:
• the provision of services provided by AIR TEAM with the prior express consent of the consumer before the expiry of the withdrawal period;
• the delivery of goods or services, the price of which depends on financial market fluctuations independent of AIR TEAM's will and which may occur during the withdrawal period;
• the delivery of goods that have been customised by or for the consumer;
• the delivery of perishable goods and goods which have been irretrievably damaged after delivery
mixed with other goods;
• repairs or maintenance carried out at a place designated by the consumer at his request; however, this shall not apply in the case of subsequent repairs or the supply of spare parts other than those requested;
• delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot return for hygiene reasons;
• the delivery of an audio or visual recording or computer program if it has damaged its original packaging;
• delivery of newspapers, periodicals or magazines;
• transport or leisure activities, provided that the entrepreneur provides these services within the specified time;
• the delivery of digital content if it has not been delivered on a tangible medium and has been delivered with the prior express consent of the consumer before the expiry of the withdrawal period, AIR TEAM emphasises that in the case of the delivery of digital content delivered online, such a contract cannot be withdrawn.
3.8 In the event of withdrawal from the contract, the Buyer-consumer shall bear the costs of returning the goods to the Seller and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if the goods cannot be returned by the usual postal route due to their nature.
3.9 The consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun.
3.10 The contract, or the corresponding invoice, will be stored in AIR TEAM's electronic archive.
3.11 The consumer can lodge a complaint via email firstname.lastname@example.org, the contact form on the seller's website, or by contacting the supervisory authority or the state supervisory authority.
3.12 In the case of a pre-order or order of goods that the Seller does not have in stock at the time of ordering by the Buyer (goods on order), the price of such goods is only preliminary. The final price of the goods may therefore vary. The Seller will inform the Buyer of the price change. The purchase price of the goods will be determined only after the Seller has stocked the goods. Any difference between the preliminary price paid and the purchase price will be refunded by the Seller or paid by the Buyer before delivery of the goods, unless the Buyer decides to cancel the pre-order. The Seller reserves the right to change the delivery date for goods that can be pre-ordered, even repeatedly. If the circumstances on which the Seller relied at the time of the Buyer's order change to the extent that the Seller cannot reasonably be required to be bound by the pre-order, the Seller shall have the right to cancel the pre-order without further notice and to inform the Buyer accordingly.
4. CONCLUSION OF THE CONTRACT
4.1 The web interface of the online shop shall contain information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the online shop, except in the case of incorrect prices, see clause 5.5.
4.2 To order goods, the buyer fills in the order form in the web interface of the shop or sends the order via other means of remote communication. The order form contains in particular information about:
• ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store);
• the method of payment of the purchase price of the goods;
• details of the required method of delivery of the ordered goods and information on the costs associated with the delivery of the goods.
(hereinafter collectively referred to as the "Order")
4.3 Before sending the order through the web interface of the online store to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered in the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by electronic mail to the following electronic address
the Buyer's mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's electronic address"). The confirmation is accompanied by the current version of the GTC including the Seller's Complaints Procedure.
4.4 The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), especially in the event that the Buyer within one order and/or one day goods with a total value exceeding 100.000 CZK incl. VAT, ask the buyer for an additional order confirmation (for example in writing or by telephone).
4.5 The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer's electronic address. The resulting contract (including the agreed price) may be amended or cancelled only by agreement of the parties or on the basis of legal grounds, unless otherwise stated in the GTC.
4.6 For the avoidance of doubt, the purchase contract is not concluded if the buyer's order is not confirmed by the seller or is confirmed with an addition or deviation that significantly changes the data in the order. The Buyer acknowledges that the Seller is not obliged to enter into a purchase contract with the Buyer, in particular if the Buyer is a person who has previously materially breached the purchase contract or these Terms and Conditions, or a person who is in default in the payment of due obligations to the Seller.
4.7 The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
4.8 The delivery does not include installation.
4.9 All presentation of goods placed in the web interface of the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
4.10 The Seller hereby points out that the information on its website regarding the written instructions and graphic diagrams used for the installation of the goods and containing other information regarding the subject goods is partly taken from third parties and may therefore contain factual and technical inaccuracies or typographical errors and may be updated without prior notice. The Seller shall not be liable for such inaccuracies.
4.11 The Buyer acknowledges that the presentation of goods placed in the web interface of the online store may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.
4.12 The Seller may change the products and services described on its website at any time without prior notice and does not guarantee the factual accuracy of their content.
4.13 The Seller reserves the right to declare the Purchase Contract null and void if there has been misuse of personal data, ID number / ID number data, misuse of payment cards, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.
4.14 The Seller reserves the right to declare the Purchase Contract null and void if there is an unauthorized use of a discount or similar voucher in violation of its terms, in particular in cases where:
• the discount voucher is used for goods other than those for which it was intended;
• the discount voucher is used in conjunction with another discount, even though the addition of these discounts has not been expressly prohibited;
• the discount voucher is used for a purchase that does not reach the minimum price;
• the seller discovers that the discount voucher has already been used.
4.15 The Seller shall not be liable to any other party for direct, indirect, incidental or other consequential damages arising out of the use of information from its website or linked websites, including but not limited to lost profits, costs, business interruption and other damages. The information provided on the Company's website should not be construed as a representation as to the suitability of the products and
services for any particular purpose, unless the buyer has received such a statement from the seller in writing after contacting her in case of doubt.
5. PRICE OF GOODS AND PAYMENT TERMS
5.1.The prices listed for individual products are final, i.e. including VAT, or any other taxes and fees that the Buyer must pay to obtain the goods, but this does not apply to any charges for transport, freight and the cost of communication by remote means, which are listed in the so-called shopping cart, and the amount of which depends on the Buyer's choice. Information on the costs associated with the packaging and delivery of the goods is provided in the web interface of the online shop.
5.2 If the seller has purchased goods from a VAT non-payer and offers them in the category used, new or unpacked, the price of the goods is quantified without VAT in accordance with Section 90 of Act No. 235/2004 Coll., on Value Added Tax. The Buyer acknowledges that this fact may only be reflected in the invoice for the subject order.
5.3 The Buyer acknowledges that the final prices of the products are quoted after rounding to whole crowns in accordance with the relevant legislation, so in specific situations there may be a slight deviation from the final sum of all purchased products from the purchase price so stated, this is due to the rounding to whole crowns. A detailed breakdown of the purchase price, including pennies, is always provided in the Buyer's basket.
5.4 The promotional prices are valid until the Seller's stock is sold out or, when the number of pieces of promotional goods is specified, until the specified number of pieces of promotional goods is sold out or until the end of the promotion, whichever comes first.
5.5 The Buyer acknowledges that there may be cases when the contract between the Seller and the Buyer is not concluded, especially in the case where the Buyer orders goods at a price published in error due to an error in the Seller's internal information system or a mistake by the Seller's staff. In such a case, the Seller is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order, of which the Seller shall inform the Buyer without undue delay. Examples where an incorrectly published price may occur are in particular the following:
• the price of the goods is incorrect at first sight (e.g. it does not take into account the purchase price or the normal price of the goods);
• the price of the goods is missing or missing one or more digits;
• the discount on the goods exceeds 30%, without the goods being part of a special marketing campaign or sale marked with a special symbol advertising the corresponding level of discounts.
The Seller points out that its information system automatically indicates that goods with an apparently incorrect price are discounted or on sale, etc. In case of doubt as to whether the goods are actually discounted or whether there is an obvious error in the price of the goods, the Buyer is therefore obliged to contact the Seller and verify the correctness of the price. The Buyer acknowledges that in the above cases the purchase contract cannot be validly formed and the Buyer also acknowledges that the Seller is entitled to claim, among other things, unjust enrichment.
5.6 The Buyer may pay the price of the goods, services and any costs associated with the delivery of the goods under the Contract to the Seller in the following ways:
• in cash at the Seller's premises at the address of the premises;
• in cash on delivery at the place specified by the buyer in the order;
• by wire transfer to the Seller's account No. 4366767001/5500, maintained with Raiffeisenbank, a.s. (hereinafter referred to as the "Seller's account");
• cashless through the payment system;
• cashless by credit card;
• through a loan granted by a third party.
5.7 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price in this article also includes the costs associated with the delivery of the goods.
5.8 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due on the due date.
5.9 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.
5.10 The Seller is entitled, especially in the event that there is no additional order confirmation by the Buyer (Article 6.5), to require payment of the full purchase price before the goods are shipped to the Buyer, or to require payment of a deposit or other similar payment in the event of the Buyer's requirements for the delivery of goods to order or specific services. Section 2119(1) of the Civil Code shall not apply in this case.
5.11 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
5.12 The Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Contract. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
5.13 The Seller reserves the right of ownership of the item, and therefore the Buyer becomes the owner only upon full payment of the purchase price. Similarly, this rule applies in the case of the purchase of a service, license or service.
5.14 If the Buyer withdraws from the concluded contract with the Seller or if the Buyer receives a refund for another reason, the Seller shall return to the Buyer the funds received from the Buyer under the contract in the same manner. The Buyer shall be responsible for the accuracy of the details for the return of the funds, which shall be communicated to the Seller in the event that it is not possible to return the funds in the same way as the payment for the order was made (e.g. the Customer paid in cash at the shop or to a courier, the Customer's credit card has expired and the Seller does not have other payment details of the Buyer), or in the event that the Seller, at its discretion, complies with the Buyer's request to change the method of return of the funds.
5.15 In the case of cash refunds, the seller may require proof of identification (ID or passport) in order to prevent damage and prevent the laundering of proceeds of crime. Without the production of either of these documents, the Seller may refuse to refund the funds.
5.16 In order to protect the rights of the Buyer's business, if the Buyer is a legal entity and if he/she requests cash payment of the credit note directly at the Seller's premises, the relevant amount will be handed over only to persons authorized to act for the legal entity in question, i.e. to the statutory body or to a person who proves himself/herself with an officially certified power of attorney and ID card or passport.
6. SPECIAL PAYMENT TERMS FOR BUYER-ENTREPRENEURS
6.1 The Seller may provide a credit framework to the Buyer Business on the basis of a special agreement. In the case of granting a credit framework, the Seller does not require payment in advance in accordance with the terms and conditions set out below.
6.2 In the event that the Buyer-Entrepreneur is in default of payment or in the event that the Seller's claim exceeds the amount of the credit frame that the Seller has granted to the Buyer-Entrepreneur on the basis of a special agreement, the Seller is entitled to demand payment in advance for further deliveries of goods. The Seller shall be entitled to demand payment in advance even in the case of an order whose value exceeds the amount of the credit frame granted by the Seller to the Buyer-Entrepreneur under a special agreement, regardless of whether or not the Seller has any receivables from the Buyer-Entrepreneur.
6.3 The Seller is entitled to unilaterally change the amount of the agreed credit frame at any time, to cancel it completely or to require appropriate security for claims arising from the credit frame. In the event of cancellation or reduction of the credit frame, the buyer-entrepreneur is obliged to pay all his debts to the seller within 14 days from the date of notification of the change in the terms of the credit frame by the seller, unless the parties agree otherwise. In the event of delay by the Buyer-Entrepreneur in fulfilling the obligations related to the change of the credit terms according to the previous sentence, the Seller is entitled to charge the Buyer-Entrepreneur statutory interest on the delay and may also suspend the delivery of the ordered goods or part thereof for the period of the Buyer-Entrepreneur's delay, at the Seller's discretion.
6.4 The buyer-entrepreneur is not entitled to change or cancel the order without the consequences stated below, unless otherwise agreed in writing with the seller. In the event that the Buyer-Entrepreneur cancels or changes the
the order without agreeing otherwise with the Seller, he is obliged to pay the Seller a contractual penalty of 30% of the purchase price of the ordered goods that he has decided not to collect. The Seller is entitled to draw the contractual penalty according to the previous sentence from the agreed credit frame, which the Buyer-Entrepreneur expressly agrees to.
7. TRANSPORT AND DELIVERY OF GOODS
7.1 By the contract, the seller undertakes to hand over to the buyer the item, services, digital content/license that is the subject of the purchase and to allow him to acquire the ownership/license to it, and the buyer undertakes to take over the item, services/digital content and to pay the seller the purchase price.
7.2 The method of transport and delivery of the goods offered by the seller is offered to the buyer together with the costs associated with this method of delivery. These costs shall be borne by the buyer.
7.3 The Seller shall hand over the item to the Buyer, as well as the documents relating to the item, and allow the Buyer to acquire ownership of the item/licence in accordance with the contract. The Buyer shall take delivery of the Goods upon delivery, unless otherwise stated below.
7.4 The Seller shall fulfil the obligation to hand over the item to the Buyer if he allows the Buyer to dispose of the item at the place of performance and notifies him in time.
7.5 If the Seller is to ship the item, the Seller shall hand over the item to the Buyer entrepreneur by handing over the item to the first carrier for transportation for the Buyer and shall allow the Buyer to exercise the rights under the contract of carriage against the carrier, the Seller shall hand over the item to the Buyer-consumer at the moment when the carrier hands over the item to the Buyer.
7.6 If the object of purchase is digital content, the object of purchase is deemed to have been handed over at the moment when the Seller delivers to the Buyer an e-mail message with this content or a link to download it. The Buyer is obliged to download the digital content without undue delay.
7.7 If the Seller delivers a larger quantity of goods than agreed, the Purchase Contract is concluded even for the excess quantity, unless the Buyer has rejected it without undue delay.
7.8 If it is not agreed how the thing is to be packed, the seller shall pack the thing according to custom; if not, then in a manner necessary for the preservation of the thing and its protection. The seller shall provide the thing for carriage in the same manner.
7.9 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods. In case the goods have been damaged during their transport by the carrier, the buyer is obliged to make a record of the damage to the transported goods with the carrier and not to accept the delivered goods. If the Buyer discovers the damage caused by the transport after the goods have been received, the Buyer must immediately, but no later than 24 hours after delivery, inform the Seller of this fact by e-mail at: email@example.com.
7.10 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay all costs associated with the repeated delivery of goods, or costs associated with another method of delivery.
7.11 A shipment that is returned to the Seller as unclaimed is sent to the Buyer again only at the Buyer's request, and the Buyer is always obliged to pay the Seller the price for resending the shipment.
7.12 In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and all costs associated with this method of transport.
7.13 The Seller shall use all reasonable efforts to meet the delivery date communicated at the time of ordering the goods. The Seller shall not be liable for any delay in the delivery of the Goods nor shall the Seller be liable for any loss or damage arising from any failure to meet the delivery date.
8. TRANSITION OF THE RISK OF DAMAGE
8.1 A thing is defective if it does not have the agreed characteristics. The performance of another thing and defects in the documents necessary for the use of the thing are also considered defects.
8.2 The buyer's right from defective performance is based on the defect that the goods have when
the risk of damage passes to the buyer-consumer, even if it appears later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.
8.3 The buyer shall inspect the goods as soon as possible after the risk of damage to the goods has passed and satisfy himself as to their characteristics and quantity. He is obliged to inform the Seller of any defects and deficiencies found without undue delay.
8.4 The risk of damage passes to the buyer upon acceptance of the goods. The same consequence shall apply if the buyer does not take possession of the goods although the seller has allowed him to dispose of them.
8.5 In the case of dispatch of the item, the risk of damage passes to the Buyer upon handing over the item to the Buyer's entrepreneur by handing over the item to the first carrier for transport for the Buyer and allowing the Buyer to exercise his rights under the transport contract against the carrier, the Seller shall hand over the item to the Buyer - consumer at the moment when the item is handed over to him by the carrier.
8.6 If the item was lost during shipment and the item was not handed over to the Buyer-Consumer within 60 days from the date of shipment by the Seller, the Buyer-Consumer may withdraw from the contract.
8.7 Damage to the goods occurring after the risk of damage to the goods has passed to the buyer does not affect the buyer's obligation to pay the purchase price, unless the seller has caused the damage by breaching his obligation.
8.8 The Buyer's default in taking delivery of the goods shall entitle the Seller to sell the goods after giving the Seller a reasonable additional period of time to take delivery, after giving prior notice. This shall also apply if the buyer is in default of payment, which is conditional upon the handover of the goods.
9. RIGHTS FROM DEFECTIVE PERFORMANCE OF THE BUYER-CONSUMER
9.1. The rights and obligations of the seller and the buyer-consumer with respect to rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
Quality on receipt
9.2. The seller is liable to the buyer-consumer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer-consumer that at the time the buyer-consumer took over the item:
• the item has the characteristics agreed between the parties and, in the absence of an agreement, has the characteristics described by the seller or manufacturer or expected by the buyer-consumer in view of the nature of the item and on the basis of the advertising carried out by them;
• the item is fit for the purpose for which the seller states it is to be used or for which the item is to be used for that
of the kind usually used;
• the item corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen;
• the item is in the appropriate quantity, measure or weight; and
• the matter complies with the requirements of the legislation.
9.3 If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
9.4 The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the item that the item has a defect or if the Buyer caused the defect himself.
9.5 If the item has a defect which the seller is obliged to compensate for, and if the item is sold at a lower price or is a used item, the Buyer has the right to a reasonable discount instead of the right to exchange the item.
Defective performance with material breach of the purchase contract
9.6 In the event of a defect and a material breach of the purchase contract, the buyer-consumer may, at his/her option, demand the removal of the defect by delivery of a new item without defect or delivery of a missing item, removal of the defect by repair of the item, a reasonable discount on the purchase price, or may withdraw from the contract.
9.7 The buyer-consumer must inform the customer at the time of notification of the defect or without undue delay after notification of the defect (i.e. within 3 days), which right he chooses.
The choice made by the buyer-consumer cannot be changed without the consent of the seller; unless the buyer-consumer has asked the seller to repair the defect and it proves to be irreparable. Also, if the seller does not remedy the defects within a reasonable time or if the buyer-consumer notifies the seller that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price instead of remedying the defects or may withdraw from the contract.
Defective performance with insubstantial breach of the purchase contract
9.8 If the defective performance is an insubstantial breach of contract, the buyer-consumer is entitled to have the defect removed or to a reasonable discount on the price of the goods. The buyer-consumer has only these rights also if he does not choose his right according to article 9.7 in time.
9.9 The seller may supply what is missing or remedy the legal defect until the buyer-consumer exercises the right to a discount on the purchase price or withdraws from the contract. The seller may remedy other defects at his option by repairing the item or supplying a new item; however, the choice must not cause unreasonable costs to the buyer-consumer.
9.10 If the seller (for subjective or objective reasons) does not remove the defect in time (no later than 30 days from the date of the claim, unless otherwise agreed) or refuses to remove the defect, the buyer-consumer may demand a discount on the price of the goods or may withdraw from the contract. However, the buyer-consumer cannot change the choice made without the seller's consent.
Rights from defective performance
9.11 The buyer is entitled to exercise the right from a defect that occurs in consumer goods at the time of
twenty-four months from the date of acceptance, unless otherwise stated, but this does not apply:
• for an item sold at a lower price, the defect for which the lower price was agreed;
• wear and tear caused by normal use;
• in the case of a used item, a defect corresponding to the level of use or wear and tear that the item had when it was taken over by the Buyer; or
• if the nature of the case so requires.
• in the case of consumer goods (e.g. oils, filters, chemicals, etc.), the Buyer is entitled to exercise the right of defect within twenty-four (24) months, however, if the goods do not have an expiry date, in which case the period is reduced only to the date marked on the packaging of the goods.
9.12 The Buyer has the right to delivery of a new item or replacement of a part even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair (third claim of the same defect) or due to a greater number of defects (at least 3 defects at the same time). In this case, the Buyer - consumer also has the right to withdraw from the contract. Upon delivery of a new item, the Buyer shall return the originally delivered item (including all accessories supplied) to the Seller at the Seller's expense.
9.13 If the Buyer has not notified the defect without undue delay after it could have been discovered by timely inspection and sufficient care, the court shall not grant the Buyer the right of defective performance. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the Buyer could have discovered it with reasonable diligence, but at the latest within two years after the delivery of the goods.
9.14 The time limit for exercising the rights of defective performance for used goods is twelve months. This also applies in the case of the exercise of rights of defective performance in the case of repaired goods. Otherwise, the provisions of this Article shall apply mutatis mutandis to the cases referred to in this paragraph.
9.15 By guaranteeing the quality, the seller undertakes that the item will be fit for its usual purpose or retain its usual characteristics for a certain period of time. These effects include the indication of the guarantee period or the shelf life of the item on the packaging or in the advertisement. A guarantee may also be given for an individual part of the item.
9.16 Items sold with a warranty longer than 24 months are covered after the 24-month period.
free service. In the event of a defect in the goods after 24 months, such goods will be accepted for service and will be
• if repair is not possible, replaced with another piece with the same or better parameters,
• if neither of these solutions is possible, a credit note will be issued.
9.17 The Seller undertakes to carry out the free service without undue delay. The rights arising from defective performance provided by the manufacturer of the goods are not affected by this.
9.18 In the case of the so-called free service according to Article 9.16, the Seller is entitled to demand from the Buyer
reimbursement of costs reasonably incurred in carrying out the steps referred to in Article 9.16(a)-(c), and in particular not
however, exclusively the costs incurred for transporting the goods to and from the service centre, etc. The Buyer is obliged to reimburse the Seller for such costs at the Seller's request.
9.19 The warranty period runs from the handover of the item to the Buyer; if the item has been shipped according to the contract, it runs from the arrival of the item at its destination. If the purchased item is to be put into operation by someone other than the Seller, the warranty period shall run from the date of putting the item into operation, provided that the Buyer has ordered the commissioning from the Seller together with the item or within three weeks at the latest from the receipt of the item and has duly and timely provided the necessary cooperation for the performance of the service.
9.20 The buyer-consumer is not entitled to the warranty if the defect is caused by an external event after the risk of damage has passed to the buyer. This does not apply if the seller caused the defect.
9.21 In the event that the Seller determines that the goods have not been handled with due care or contrary to the manufacturer's recommendations, the Buyer-Consumer may be charged a fee for the repair in the so-called free service. The provisions of Article 9.16 (b) and (c) do not apply in these cases. If the Seller concludes that this is the situation referred to in this Article, he shall inform the Buyer-Consumer without undue delay in an appropriate manner and shall inform him of the estimated amount of the repair. Repairs subject to a charge will only be commenced after the buyer-consumer has expressly confirmed that he is interested in having the goods repaired despite the notified charge.
9.22 The rights from defective performance are exercised by the buyer through the claim form, which is available on the website www.airteam.eu. The moment of claim is considered to be the moment of sending the claim form with the attached photo documentation necessary for the assessment of the defect by the seller. The Buyer-Consumer may exercise the rights arising from the defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business, even after the termination of the sale or provision of services. In this case, the moment when the Seller receives the claimed goods from the Buyer-Consumer shall be deemed to be the moment when the claim is made.
9.23 The Buyer-Consumer acknowledges that if gifts are provided together with the goods, it is not possible to exercise the right of defect according to Article 9.11.
9.23 The defect of the goods shall not be deemed to be the facts that occurred during the installation of the goods by the buyer's own assistance, caused by his unprofessional handling of the goods during assembly, unless they consist in incorrect drawings and instructions describing the procedure for assembly. If assistance with installation is required, it is possible to contact the Seller, or to additionally order an assembly service from the Seller.
9.24 Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Regulations.
9.25 The Seller or his/her authorised employee must decide on the complaint immediately, in complex cases within three working days, not including the period of time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the rectification of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the parties agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The Seller shall inform the Buyer of the settlement of the complaint without undue delay. The complaint shall be settled on the date on which the Buyer receives information on the settlement of the complaint.
10. RIGHTS FROM DEFECTIVE PERFORMANCE OF THE BUYER-ENTREPRENEUR
10.1 The Buyer-Entrepreneur acknowledges that the Seller is a distributor of the Goods and that the warranty, if any, and/or rights of defective performance for all Goods are provided to the extent and under the terms of the particular manufacturer. The provisions of the Civil Code shall not apply in this respect in the relationship between the Seller and the Buyer-Entrepreneur.
10.2 The Buyer-Entrepreneur is entitled to exercise his/her rights from defective performance and/or warranty through the Seller via the claim form available on the website www.airteam.eu. The moment of claim is considered to be the moment of sending the claim form with the attached photo documentation necessary for the assessment of the defect by the manufacturer.
10.3 In the case of the procedure according to Article 10.1, the Seller is entitled to demand from the
Buyer the reimbursement of costs reasonably incurred to ensure the implementation of the warranty, if provided, and/or the rights from defective performance according to the manufacturer's terms and conditions, in particular but not exclusively the costs incurred for the transportation of the goods to the manufacturer,
or to and from the workshop, etc. The Buyer is obliged to pay such costs to the Seller at the Seller's request.
11. WITHDRAWAL FROM THE PURCHASE CONTRACT
Withdrawal from the Contract by the Consumer Buyer
11.1 The buyer-consumer has the right to withdraw from the contract (unless otherwise stated below) within 14 days, which runs if the contract is
• the purchase contract, from the date of receipt of the goods
• a contract for several goods or for the supply of several parts, from the date of acceptance of the last delivery of the goods; or
• a contract whose subject matter is the regular recurring delivery of goods, from the date of receipt of the first delivery of goods;
and the withdrawal must be sent to the Seller's registered office, to the e-mail address airteam@airteam. cz, communicated in person at the Seller's registered office, communicated by telephone or by filling in the withdrawal forms on the website www.airteam.eu.
11.2 Within the meaning of Section 1820(1)(f) of the Civil Code, the consumer should return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received.
11.3 The buyer-consumer is only liable for the reduction in value of the goods resulting from handling the goods in a manner different from that which is necessary in view of their nature and characteristics within the meaning of § 1833 of the Civil Code
11.4 The buyer-consumer acknowledges that according to the provisions of § 1837 of the Civil Code, the buyer-consumer cannot withdraw from the contract:
• on the provision of services that the seller has fulfilled with the prior express consent of the buyer-consumer before the expiry of the withdrawal period;
• the supply of goods or services, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period
• for the delivery of goods that have been modified according to the wishes of the buyer-consumer or for his person;
• the delivery of perishable goods and goods which have been irretrievably damaged after delivery
mixed with other goods;
• repairs or maintenance carried out at a place designated by the buyer-consumer at his request; this does not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
• the delivery of goods in sealed packaging that the buyer-consumer has removed from the packaging and cannot be returned for hygiene reasons;
• the delivery of an audio or visual recording or computer program if it has infringed its original packaging;
• for the supply of newspapers, periodicals or magazines;
• on transport or leisure, if the entrepreneur provides these services within the specified time;
• on the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the consumer before the expiry of the withdrawal period, the seller emphasises that such a contract cannot be withdrawn from in the case of the delivery of digital content delivered online;
11.5 If the Buyer consumer withdraws from the contract, he sends or hands over to the Seller without undue delay, at the latest within 14 days of withdrawal from the contract, the goods he received from the Seller, at his own expense.
11.6 The buyer is obliged to pay a proportionate part of the price in the event of withdrawal from the contract, which
the subject matter of which is the provision of services and the performance of which has already begun;
11.7 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
11.8 If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller within 14 days.
11.9 The seller is entitled to withdraw from the purchase contract at any time without giving any reason until the goods are accepted by the buyer. In this case, the seller shall refund the purchase price to the buyer within 14 days.
Withdrawal from the contract by the entrepreneur and in other cases
11.10 The buyer-entrepreneur may be allowed by Air Team to withdraw from the purchase contract within 14 days. If the value of the purchased goods exceeds CZK 50,000 incl. VAT or if the subject of the contract is the purchase of goods to order, such withdrawal from the contract is not possible at all.
11.11 If the Buyer Business is allowed to withdraw from the Purchase Agreement, then the Buyer Business accepts the
the knowledge that the refunded purchase price may be reduced by the reduction in the value of the goods.
11.12 If the Buying Business Owner is allowed to withdraw from the Purchase Contract within the fourteen day period and the returned goods are not in their original packaging including all parts and accessories, then the Buying Business Owner acknowledges that the Seller reserves the right to charge for such return of the goods in an amount that compensates the Seller for the costs necessary to put the goods back on sale.
11.13 Compensation for depreciation of the value of the goods or compensation for the cost of reintroducing the goods for sale will be set off against the purchase price returned to the Buyer Business.
11.14 A business buyer may not withdraw from the contract due to a defect or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
• if there has been a change in the condition as a result of an inspection to determine the defect of the item;
• if the Buyer used the item before the defect was discovered;
• if the Buyer has caused the impossibility of returning the item in its unaltered condition by his/her acts or omissions; or
• if the Buyer sold the item before the defect was discovered, if he consumed the item or if he altered the item during normal use; if this happened only in part and the Seller allows the Buyer to withdraw from the contract, the Buyer shall return to the Seller what he can still return and shall compensate the Seller to the extent to which he benefited from the use of the item.
• if the Buyer fails to notify the defect in time, the Buyer loses the right to withdraw from the contract.
Withdrawal from the contract by the seller in case of an error in the price of the goods
11.15 Except in cases provided by law, the Seller is entitled to withdraw from the contract in the event of an obvious error in the price of the goods.
11.16 It is possible to withdraw from the contract according to this point within 14 days from the day following the date of conclusion of the purchase contract between the Buyer and the Seller by the Seller cancelling the order or otherwise indicating to the Buyer that he is withdrawing from the contract.
11.17 If the Buyer has paid at least part of the purchase price of the goods, this amount will be transferred back to his bank account within 14 days from the day following the date of withdrawal from the contract by the Seller.
11. USE OF ELECTRONIC CONTENT, SW, etc.
11.1 The Buyer is obliged to comply with the obligations set forth in these GTC, the laws governing copyright works and the specific license terms of the product (e.g. EULA) when using all electronic content (for the purposes of the GTC, including software, PC games, console games, etc.) purchased from the Seller. If the Buyer violates the obligations set forth herein, the Buyer is obliged to pay any damages, and such conduct may also have criminal consequences.
11.2 The Buyer is entitled to use all electronic works exclusively for his/her personal use and not for direct or indirect economic or commercial gain, unless otherwise stated in the license terms. The Buyer is not entitled to copy the purchased electronic content, or otherwise reproduce it, make copies, excerpts or otherwise deal with it in violation of copyright, other laws and/or the license terms of the product. Access to the Electronic Content may be denied or the license may be deactivated if the Electronic Content has been obtained as a result of unlawful activity by the Buyer.
11.3 This provision of the GTC also applies to electronic content provided by the Seller to the Buyer.
as a gift.
12. LOYALTY PROGRAMME / OTHER BONUS PROMOTIONS
12.1 The Seller is entitled to publish on its website loyalty programs or other bonus promotions that can be used by buyers if they meet the conditions defined for each loyalty program/bonus promotion. The following rules apply to all loyalty programs/bonus promotions published by the Seller on its website.
12.2 Before using the loyalty program/bonus promotion, the Buyer is obliged to verify that he/she has duly completed the registration on the Seller's Internet shop, where he/she has truthfully provided his/her name and surname and/or business name, address and/or registered office and contact email.
12.3. A loyalty program is a service that allows buyers to earn loyalty points. The current terms and conditions of the loyalty program will always be posted on the website and the Seller reserves the right to change them unilaterally at any time. The loyalty program is usually time-limited, i.e. the seller reserves the right to determine the period after which the points earned expire (become invalid).
12.4. The Seller has the right to cancel the loyalty program at any time without incurring any obligations to the Buyers. The Seller shall announce the termination of the loyalty program on a specific date by notice on its website or by e-mail to the members of the loyalty program at least one week before the date of termination of the loyalty program. The specified benefits under any loyalty program are non-refundable, i.e. buyers are not entitled to such benefits by fulfilling the conditions set out in each loyalty program. The Seller shall be entitled to deny the benefits of any loyalty programme to the Buyer at any time without giving any reason, even if the Buyer has fulfilled the terms of that loyalty programme.
12.5. Membership in any loyalty program is free of charge and the Seller's customer becomes a member automatically. The entry condition for membership is therefore the creation of a user account.
12.6. Loyalty points, which are granted for purchases of a certain value, will always be allocated to the buyer-consumer within 3 days from the date of expiry of the 14-day statutory withdrawal period, unless otherwise stated in the terms and conditions of the respective loyalty program and if the purchase contract is not withdrawn. Loyalty points that are awarded for purchases of a certain value will always be awarded to the buyer-businessman within 3 days from the date of full payment of the price of the goods, unless otherwise stated in the terms and conditions of the respective loyalty program.
12.7. The buyer is not entitled to receive the value of the loyalty points in cash.
12.8. The Seller provides an up-to-date overview of loyalty points within the Buyer's user account. The Buyer is obliged to make any claims without undue delay after discovering any discrepancies and to provide the relevant evidence.
12.9. In the event of withdrawal from the contract for the purchase of goods in which loyalty points have been used, the seller will provide the buyer with an electronic voucher for the purchase of goods in the online store to the extent that the loyalty points have been used, in the value of the loyalty points in question.
12.10. Other bonus promotions are one-off promotions published by the Seller on the Website. The Seller has the right to cancel the bonus promotion at any time without incurring any obligations to the Buyers. The Seller shall announce the termination of the bonus promotion on a specific date by notice on its website at least one week before the date of termination of the bonus promotion. The specified benefits resulting from any bonus promotion are non-contributory, i.e. buyers fulfilling the conditions specified in the individual bonus promotions are not entitled to these benefits. The Seller is entitled to deny the benefits of any bonus promotion to the Buyer at any time without giving any reason.
13. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
13.1 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of
§ Section 1826(1)(e) of the Civil Code.
13.2 The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code and is not entitled to demand a renegotiation of the purchase contract.
13.3 If the Buyer sells, donates or otherwise transfers the item purchased from the Seller into the ownership of another person, the Buyer is obliged to inform the Seller about it. If the Buyer fails to inform the Seller, the Seller shall still consider the Buyer to be the owner of the item and the person entitled to the rights from the defective performance.
13.4 The Buyer may be served at the Buyer's electronic address. If the Seller delivers any document via the Buyer's electronic address, the Seller's obligation to deliver shall be deemed to have been fulfilled.
14. DATA PROTECTION
14.1 The protection of personal data of the Buyer, who is a natural person, is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
14.2 The Buyer agrees to the processing of his/her personal data provided in connection with the Order by ticking the corresponding question box. The provision of personal data by the Buyer is voluntary.
14.3 The Buyer acknowledges that the Seller will process the following personal data of the Buyer (i) for the purpose of performance of the concluded purchase contract with the Buyer (or also for the purpose of negotiations on its conclusion and/or change) and/or (ii) for the purpose of maintaining the user account based on the agreement with the Buyer: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, or other additional information such as delivery address, apartment number, apartment floor. The above personal data will be processed by the seller as controller and by the persons transporting the goods as processors. The personal data will be processed in particular by collecting, storing on information carriers, modifying or altering, retrieving, using, transferring to the carrier and possibly also to other persons (if the buyer agrees), storing, sorting or combining, blocking and disposing of. This personal data will be processed for the duration of the performance of the purchase contract and after the performance of the purchase contract until the expiration of the limitation periods (i.e. generally for three years after the performance of the purchase contract), or for the duration of the buyer's user account (i.e. until its cancellation by the buyer).
14.4 The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
14.5 The buyer is entitled to withdraw his consent to the processing of his personal data provided in connection with the order at any time.
15. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
15.1 The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address. The Buyer may revoke the consent under the previous sentence at any time.
15.2 The buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be
fulfilled without storing cookies on the buyer's computer, the buyer may withdraw his consent.
16. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
16.1 Out-of-court handling of consumer complaints is provided by the Seller via the electronic address firstname.lastname@example.org. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's electronic address.
16.2 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
16.3 The Seller hereby informs the Buyer-Consumer that he has the right, within the meaning of the Consumer Protection Act, to an out-of-court settlement of a dispute arising from a purchase contract concluded with the Seller. A prerequisite for exercising the buyer-consumer's right to out-of-court dispute resolution is a previous unsuccessful direct negotiation with the seller.
16.4 In the event that the buyer-consumer wishes to exercise his/her right to out-of-court dispute resolution under Article 15.1, he/she may apply to the Czech Trade Inspectorate, which is the competent body for out-of-court dispute resolution in the case of purchase contracts concluded between the seller and the buyer-consumer in accordance with the Consumer Protection Act. More information can be found on the website of the Czech Trade Inspectorate at the URL http://www.coi.cz/.
16.5 The buyer-consumer may submit a proposal for the initiation of an out-of-court settlement of a consumer dispute in writing or orally in a protocol or electronically via the on-line form provided on the website of the Czech Trade Inspection Authority (the form is available at the URL https://adr.coi.cz/cs), signed with a recognised electronic signature or sent via the data mailbox of the buyer-consumer who submits the proposal. Provided that the proposal is confirmed or completed within 10 days by one of the methods referred to in the first sentence, it may be submitted by other technical means, in particular by telefax or public data network without the use of a recognised electronic signature. The application shall be accompanied by proof of the fact that the buyer-consumer has not been able to resolve the dispute with the seller directly, as well as other documents proving the facts alleged by the buyer, if available.
17. LIMITATION OF LIABILITY IN BUSINESS RELATIONSHIPS
17.1 In the event that the buyer-entrepreneur approaches the seller with his claims as a result of the fact that he considers that the seller has breached any of his obligations towards the buyer-entrepreneur from the contractual relationship that has arisen between them in the delivery of the goods, the seller is entitled to demand the return of the goods from the buyer-entrepreneur and to offer the buyer-entrepreneur the purchase price paid after the return of the undamaged goods. In the event that the entrepreneur-buyer returns the undamaged goods to the seller and the seller returns the purchase price paid to the entrepreneur-buyer, any claims that the entrepreneur-buyer may have against the seller shall be deemed to be fully settled and the entrepreneur-buyer shall refrain from pursuing any further claims. If the Seller requests the return of the goods as part of the settlement, the goods will be sent to the Seller as instructed by the Seller and at the Seller's expense. The Seller shall not be liable to the Buyer-Entrepreneur for any breach of its obligations arising from the contractual relationship between the Seller and the Buyer-Entrepreneur beyond the scope set out in this Article 17.1, i.e. beyond the refund of the purchase price in the event of the return of undamaged goods, and the Buyer-Entrepreneur shall not be entitled to claim from the Seller any claims, compensation for pecuniary and/or non-pecuniary damage, loss of profit and other possible benefits associated with such breach.
18. FINAL PROVISIONS
18.1 If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation. Relations and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.
18.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision
he adds. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
18.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
18.4 Seller's contact details: delivery address Masarykovo náměstí 354, 664 71 Veverská Bítýška, e-mail address email@example.com, telephone +420 725 508 058.
In Veverská Bítýška on 07.11.2022