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Terms and conditions

(machinely translated from its Czech original by Google on-line translator)

 

of seller

Martin Dusek
Czech Republic

for selling goods through an online store located at www.tech-place.com.

1 Introductory provisions

1.1
These terms and conditions ("Terms and Conditions") of seller Martin Dusek (hereinafter referred to as "Seller") regulate the mutual rights and obligations of the parties arising from or under a contract (hereinafter "Purchase Agreement") concluded between the seller and any other person or entity (hereinafter referred to as "Buyer") through an online store vendor. Internet business is run by the seller on the Internet at www.tech-place.com, through a Web interface (hereinafter referred to as "Web-based commerce).
1.2
Terms also stipulate the rights and obligations of parties to use the web site vendor located at www.tech-place.com (the "Website") and related legal actions. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller at the point of ordering goods in the course of its business.
1.3
Derogate from the provisions of the terms and conditions can be agreed upon in contract. Different arrangements of the contract of sale take precedence over commercial terms.
1.4
Provisions of the Terms and Conditions are an integral part of the purchase. Purchase Agreement and the terms and conditions are written in English language. The purchase contract can be concluded in English language.
1.5
Text of business conditions, the seller may modify or amend. This provision shall not affect rights and obligations arising after the effective period of the previous wording of business conditions.

2 User Account

2.1
Upon registration by the purchaser on the web page can be accessed by buyers of its user interface. From its user interface, the buyer may order goods (hereinafter referred to as "user account"). In the event that the web interface allows you to trade, the buyer can order goods or without authorization directly from the web interface of trade.
2.2
When registering on the website and ordering goods the buyer is obliged to give all the correct and true information. The information provided in the user account when purchasing any of their change required to update. Data provided by the buyer's user accounts and ordering goods by the seller are deemed to be correct.
2.3
Access to your user account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access the user's account, noting that the seller is not liable for breach of this obligation by the buyer.
2.4
Buyer shall not allow the use of a user account to third parties.
2.5
The seller may cancel a user account, especially when your user account to the buyer for more than 6 months does not use, or when the buyer breaches its obligations under the purchase agreement (including terms and conditions).
2.6
Buyer acknowledges that the user account may not be available continuously, particularly with regard to the maintenance of necessary hardware and software vendor, or maintenance of the necessary hardware and software of third parties.

3 Execution of purchase agreement

3.1
The web interface includes a list of trade goods offered for sale by the seller, not including the prices of individual goods offered. Prices of goods offered are inclusive of VAT and all related charges. Selling goods and prices of goods remain in force as long as they are displayed in the Web interface of trade. This provision does not limit the possibility of the seller to conclude the purchase contract under individually negotiated terms. Any offer for sale of goods placed in the web interface of trade are not binding and the seller is not obliged to conclude a contract on the purchase of goods.
3.2
The web interface also provides trade information on the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods on the web interface of trade applies only in cases where the goods service in the Czech Republic.
3.3
To order a catalog order form the buyer fills in the web interface of trade. The order form shall include information on:
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ordered goods (goods ordered "inserted" into purchasing an electronic shopping cart business web interface),
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method of payment of the purchase price, an indication of the desired method of delivery of goods ordered and
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information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.4
Before sending an order to the seller allowed the buyer to check and modify data in order to put buyers and also with regard to the buyer's ability to detect and correct errors in data entry order. Orders sent to seller by clicking on the "confirm order". The information listed in the order are considered to be good sellers. Seller immediately upon receipt of an order that the buyer confirms receipt of electronic mail and the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
3.5
The seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
3.6
The contractual relationship between seller and buyer arising delivery order receipt (acceptance) by the seller to the buyer by email and on the e-mail address of the buyer.
3.7
Buyer acknowledges that Seller is not obliged to conclude a sales contract, especially with those previously materially breached the contract (including terms and conditions).
3.8
Buyer agrees to the use of distance communication in the contract of sale. Costs incurred by the buyer on the use of distance communication in connection with the closing of the purchase agreement (the cost of Internet access, the cost of telephone calls) are paid by the buyer himself.

4 The price of goods and payment terms

4.1
The price of the goods and any costs associated with the delivery of goods under the purchase contract the buyer may pay the seller the following ways:
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bank transfer to the seller's account (hereinafter referred to as "Seller Account");
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cashless payment system through Paypal, Moneybookers or Gopay payment gateway;
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Cash on delivery at the location specified by the buyer in order if the shipping address is located in the Czech Republic.
4.2
Along with the purchase price the buyer is obligated to pay the seller the cost associated with packaging and delivery of goods. Unless expressly stated otherwise, the purchase price as well as costs associated with delivering the goods.
4.3
In the case of payment in cash or in case of payment on delivery, the purchase price payable on delivery. In the case of cashless payment, purchase price is payable within 10 days of the purchase contract.
4.4
In the case of cashless payments to the buyer is obliged to reimburse the purchase price of the goods together with the symbol indicating the variable payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller.
4.5
Seller is entitled, in particular, that of the buyer does not receive additional confirmation of the order (Article 3.5), require the payment of the full purchase price before shipping goods to the buyer.
4.6
Any discount on the goods supplied by the seller to the buyer can not be combined.
4.7
If in the normal course of trade or, if provided for by generally binding legal regulations, the seller regarding the payments made under a contract buyer tax document - invoice. Seller is the payer of value added tax. The tax document - invoice the seller to the buyer upon payment of prices of goods and send it electronically to the email address of the buyer.

5 Withdrawal from the purchase contract

5.1
Buyer acknowledges that pursuant to § 53 paragraph 8 of the Act No. 40/1964 Coll. Civil Code of the Czech Republic, as amended (hereinafter the "Civil Code"), can also withdraw from the contract for the supply of goods made to Buyer's request, as well as goods subject to rapid deterioration, wear and tear, the purchase contract for the delivery of audio and video recordings and computer programs, if the consumer violates their original packaging and the purchase contract for the delivery of newspapers, periodicals and magazines.
5.2
Not if the case provided for in Article 5.1 or the other if it is not from the purchase contract, the buyer in accordance with § 53 paragraph 7 of the Civil Code, the right to withdraw from the agreement, within fourteen (14) days receipt of goods. Withdrawal from the contract must be shown to be delivered to the Seller within fourteen (14) days from receipt of goods to the address of the seller or the seller's email address e-mail .
5.3
In case of withdrawal from the contract under Article 5.2 of the terms and conditions of the purchase contract from the start cancels. Goods must be returned to the Seller within 10 days of departure cancellation to the seller. If the buyer breaches an obligation under the preceding sentence, the Seller is entitled to a contractual penalty of 10 CZK (in words: ten Czech crowns) for each day of delay, up to the purchase price of the goods. This provision shall not affect the entitlement to compensation for any damage caused by the breach, which is subject to a penalty, even if the damage exceeds the penalty. Goods must be returned undamaged to the Seller and neopotřebené and, if possible, in original packaging.
5.4
Within ten (10) days from the return of goods by the buyer pursuant to Article 5.3 of business conditions, the seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5.5
In the event of withdrawal under Article 5.2 Terms and Conditions seller refunds the purchase price (excluding cost of delivery) to the purchaser within ten (10) days from the expiry of the examination of goods under Article 5.4 of business conditions, bank transfer to an account designated buyer. Seller is also authorized to refund the purchase price in cash already on the buyer returning the goods.
5.6
Buyer acknowledges that if the goods are returned by the buyer will be damaged, worn or partially consumed, there is a seller to the buyer is entitled to damages incurred by him. Claims for damages, the seller is entitled unilaterally to offset the buyer's right to a refund of the purchase price. Likewise, the right to penalty according to Article 5.3 of the terms and conditions the seller is entitled unilaterally to offset against the buyer the right to a refund of the purchase price.

6 Delivery

6.1
6.2
If the seller under the sales contract must deliver the goods to the place in the order specified by the buyer, the buyer is obliged to accept goods on delivery. If the buyer does not take the goods shipped, the seller is entitled to charge a storage fee 50 CZK (in words: fifty Czech crowns) and is entitled to withdraw from the agreement.
6.3
In the event that the reasons for the buyer must deliver the goods again, or otherwise than specified in the order, the buyer is obligated to pay the costs associated with repeated delivery of goods, respectively. costs associated with other means of delivery.
6.4
When receiving goods from the carrier the buyer is obliged to check the integrity of the package in case of any defects that immediately notify the carrier. In case of violation of the reunion package svědčícího of unauthorized intrusions into the shipment buyer may take delivery from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods to meet all the terms and conditions and any later claims of infringement of container shipments can not be disregarded.
6.5
Other rights and obligations of the parties in the transport of goods that can modify the terms of delivery seller.

7 Responsibility for defects and warranty

7.1
The rights and obligations of contracting parties on the seller's liability for defects, including the warranty liability of the seller, shall be governed by generally binding regulations (particularly the provisions of § 612 et seq. Civil Code of the Czech Republic).
7.2
The seller is responsible for the buyer that the thing sold is in conformity with the contract, in particular, it is free of defects. Accordance with purchase agreement means that the thing sold has the quality and properties required by the contract, the seller, manufacturer or its representative, or on the basis of their expected by the ads, or the quality and properties for the usual thing of this kind that meets the requirements of the laws is the corresponding quantity, measure or weight, and corresponds to the purpose, the seller for the use of case stated or for that matter is usually used.
7.3
In the event that the thing to take over the buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract), the buyer has the right to the seller free of charge and without undue delay, put the product in accordance with the purchase contract, and according to by exchanging the buyer, or repair, unless such procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. Conflict with the purchase agreement, which will take effect within six (6) months after the takeover is considered the inconsistency in its takeover, if not in the nature of the case or if it is proven otherwise.
7.4
When they are not things that are perishable or used goods, the seller responsible for defects that become apparent as the conflict with the contract after taking over the case during the warranty period (warranty).
7.5
Buyer's rights resulting from the seller's liability for defects, including the warranty liability of the seller, the buyer submits the seller at the address listed in article 1.1.

8 Other rights and obligations of the parties

8.1
Buyer takes ownership of the goods by paying the entire purchase price.
8.2
Buyer acknowledges that software and other components of the Web interface of trade (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that might him or allow third parties to interfere improperly or illegally use software or other content of the web-based business.
8.3
Buyer is not entitled to use the Web interface to use trade mechanisms, software or other procedures that could adversely affect the operation of the Web interface of trade. The web interface of trade can be used only to the extent that it is not at the expense of the rights of other customers and the seller which is consistent with its purpose.
8.4
Seller is not in relation to the purchaser is bound by any codes of conduct within the meaning of § 53a paragraph 1 of the Civil Code of the Czech Republic.
8.5
Buyer acknowledges that Seller shall not be liable for errors resulting from any third party to a web page or through the use of the Web Site in violation of their purpose.

9 Privacy and sending business communication

9.1
Privacy buyer, who is an individual, is provided by Act No. 101/2000 Coll. On the Protection of Personal Data, as amended.
9.2
Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address and telephone number (all hereinafter collectively referred to as "personal information").
9.3
Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for sending information and marketing communications to the seller.
9.4
Buyer acknowledges that it is required to their personal data (at registration, in your user account when you order by trade from the web interface) indicate the correct and true and that it is obliged to inform the seller of a change in their personal data.
9.5
The processing of personal data by the buyer the seller may appoint a third person, as the processor. In addition to persons transporting goods will not be selling personal information without prior consent of the buyer to third parties.
9.6
Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in a printed form of non-automated manner.
9.7
The buyer confirms that the personal information is accurate and was informed that it is a voluntary submission of personal data. The buyer claims he was instructed that consent to the processing of personal data may be related to the Seller by notification to the registered address of the seller.
9.8
In the event that the buyer thought the seller or processor (Article 9.5) executes the processing of personal data that is inconsistent with the protection of private and personal life of the purchaser or in violation of the law, especially if personal data are inaccurate having regard to the purpose of their processing, may:
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ask the seller for an explanation,
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require the seller to remedy the processor or a status. In particular, it may be blocking, correcting, adding or deleting the personal data. If the buyer's request under the preceding sentence is found legitimate, the seller or the processor will remove the trouble. If the seller fails or the application processor, the buyer has the right to go directly to the Office for Personal Data. This provision shall not affect the buyer's permission to turn on their own initiative to the Office for the Protection of personal data directly.
9.9
If the buyer requests for information concerning the processing of their personal data, the seller must deliver this information. The seller has the right to receive information under the preceding sentence, require reasonable compensation not exceeding the cost of providing the necessary information.
9.10
Buyer agrees to receive information related to goods, services or company email address for the seller and the buyer agrees to receive commercial information from the seller to the buyer's email address.

10 Correspondence

10.1
Unless otherwise agreed, all correspondence relating to the purchase agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail service provider (selected by the sender). Buyer is delivered to the e-mail address specified in his user account.
10.2
The message is delivered:
-
for mail delivery time of its adoption by the incoming mail server, the integrity of messages sent by e-mail may be secured by a certificate,
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in case of delivery in person or by postal mail addressed to the takeover of services,
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in case of delivery in person or by postal service also denied receiving orders, refuse to grant recipients (or the person authorized to accept shipment for him) to take delivery,
-
for delivery via the postal service deadline of ten (10) days after the shipment and put the call recipient to accept deposited items when it comes to store items in postal services, even if the addressee knew.

11 Final provisions

11.1
If relations associated with the use of the Web site or the legal relationship of the purchase agreement includes international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legal regulations.
11.2
The seller is entitled to sell goods on the basis of trade license and other activities not subject to the authorization of the seller. Trade inspection carried out under its authority the Licensing Authority.
11.3
If any provision of business conditions, invalid or unenforceable, such will or, instead enters the invalid provision a provision whose meaning is invalid provision comes closest. The unenforceability of one provision does not affect the validity of the remaining provisions. Amendments and supplements to the contract of sale or business conditions require written form.
11.4
The purchase agreement, including the terms and conditions the seller is archived in electronic form and is not accessible.
11.5
Contact information Seller: mailing address Martin Dusek

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