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GENERAL TERMS AND CONDITIONS
Cleverware s.r.o., with registered office at Msgre. B. Staška 62, Bezděkovské Předměstí, 344 01 Domažlice, ID No.: 14363569 registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 42014
for the sale of goods via the online shop located at www.brave-tech.cz
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "terms and conditions") of the trading company Cleverware s.r.o., with its registered office at Msgre. B. Staška 62, Bezděkovské Předměstí, 344 01 Domažlice identification number: 14363569, registered in the Commercial Register kept by the Regional Court in Pilsen, Section C, Insert 42014 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code") the mutual rights and obligations of the parties arising in connection with or under the Purchase Agreement (hereinafter referred to as "Purchase contract") concluded between the seller and another natural person (hereinafter referred to as "buyer") via the Seller's online shop. The online shop is operated by the Seller on the website located at www.brave-tech.cz (hereinafter referred to as "website"), via the website interface (hereinafter referred to as "web interface of the shop").
1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5 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.
2. USER ACCOUNT
2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). The buyer can order goods without registration directly from the web interface of the store.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of goods placed in the web interface of the shop 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.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic. In the case where the Seller offers free delivery of the goods, the right to free delivery of the goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be delivered in the amount specified in the web interface of the shop. In the event that the Purchaser partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Purchaser has not withdrawn from the Purchase Agreement does not reach the minimum amount required for the right to free transport of the goods under the preceding sentence, the Purchaser's right to free transport of the goods shall cease and the Purchaser shall be obliged to pay for the transport of the goods to the Seller.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").
3.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Send 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 by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "electronic address of the buyer").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
☐ by wire transfer to the Seller's account No. 2602160625/2010, held at Fio banka (hereinafter referred to as "seller's account");
☐ cashless by credit card. Online card payments are made via Comgate. The card information does not reach the merchant.
Contact details for ComGate Payments, a.s.
ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267
4.2 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 shall also include the costs associated with the delivery of the goods.
4.3 In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
4.4 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.
4.5 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.6 If it is customary in business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not 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. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2 Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Purchase Contract cannot be withdrawn from, the Purchaser has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address chci@clever-ware.cz.
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the return of the goods by the Buyer, without cash to the account designated by the Buyer
5.5 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.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the time of acceptance of the goods by the Buyer. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 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 any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3.In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
6.5 Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 The Seller shall have obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer continue.
7.4 The Buyer may specifically exercise his/her rights under the liability for defects in the goods by phone at +420 725 886 966 or by e-mail at chci@clever-ware.cz.
7.5 The Buyer shall notify the Seller of the right to the defective performance when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
7.6 Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
7.7 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 Consumer complaints are handled by the Seller via the electronic address chci@clever-ware.cz. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract.
8.5 The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
8.6 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.7 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.
8.8 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DATA PROTECTION
9.1. Its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") related to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller's public law obligations shall be performed by the Seller through a separate document.
9.2 The Seller shall fulfil its legal obligations relating to the possible storage of cookies on the Buyer's device by means of a separate document.
10. FINAL PROVISIONS
10.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2 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. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.4 The sample form for withdrawal from the Purchase Contract is an annex to the Terms and Conditions.
10.5 Contact details of the Seller: delivery address Cleverware s.r.o. Msgre. B. Staška 62, Bezděkovské Předměstí, 344 01 Domažlice; e-mail address info@clever-ware.cz, telephone +420 725 886 966.
Sample form for withdrawal from the purchase contract
In Domažlice on 5.10.2022
