Terms and Conditions


For sale in the Czech Republic 
Operator: iRIPFIRE s.r.o., Prague-Stare Mesto, Rybná 716/24, zip code 11000, ID:05203872, C 259981, Městský soud v Praze
Premises: Dispensing place in the partner Mazlici, Mojmírovci 167/9, 709 00 Ostrava-Marianske Hory,
For the sale of goods through an online store located on the Internet at this page. 

INTRODUCTORY PROVISIONS 
• These Terms and conditions ("Terms and conditions") govern the reciprocal rights and obligations of the Parties arising in connection with or under the purchase agreement (the "Purchase Agreement") concluded between the seller and another person or entity (hereinafter "Buyer") through the seller's online store., without the simultaneous physical presence of the parties, the online store is operated by the seller on the Internet at this page and other websites of the seller, Web interface (the "Web interface of the store").
• The seller is the operator or another cooperating company that supplies through the above mentioned online (online) shops.
• The terms and conditions apply to Czech and foreign customers, orders received from the Czech Republic and abroad and determine the place of sale and the place of delivery of the Czech Republic.
• The terms and conditions are based on the law of the Czech Republic and things not specified by the terms and conditions are governed by Czech law.
• The settlement of potential disputes is the courts in Prague where the jurisdiction of the Court is derived from the place where the seller is registered.
• The terms and conditions further govern the rights and obligations of the parties when using the website of the seller located at this page (the "website") and other related legal relationships, allowing Conclude the required contractual relationship with the final consumer. The terms and conditions do not apply to cases where the person intending to purchase the goods from the seller acts when ordering the goods in the course of their business, irrespective of the legal nature of such activity. o provisions deviating from the terms and conditions can be negotiated in the purchase agreement. The derogating arrangements in the purchase agreement shall prevail over the terms and conditions. o Terms and conditions are an integral part of the purchase contract. 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. The seller may amend or supplement the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the terms. In a substantial increase in the price of goods, the consumer has the right to withdraw. User account
• On the basis of the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (the "user account"). The buyer can also order goods without registering directly from the Web interface of the store. o When registering on the website and when ordering the goods, the buyer is obliged to correctly and truest all the data necessary to conclude a valid contractual relationship. The buyer is obliged to update the data provided in the user account in any change. The information provided by the buyer in the user account and when ordering the goods is deemed complete, true and correct by the seller and the buyer acknowledges that the seller is not liable for any breach of this obligation. o access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the seller is not liable for any breach of this obligation by the buyer.
• The buyer is not entitled to allow the use of the user account to third parties, provided they do so solely at their own risk and expense.
• The seller may cancel the user's account, especially if the buyer does not use his/her user account for more than 6 months or if the buyer breaches its obligations under the Purchase agreement (including the terms and conditions) or the user account is manifestly Abusing.
• The buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the seller, or. necessary maintenance of hardware and software equipment of third parties.

CONCLUSION OF THE PURCHASE CONTRACT

• The store's web interface contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are usually indicated including value added tax and all related fees. If the price is expressly stated without VAT, then the seller will add VAT at that price to the amount stipulated by law. The sale of goods and the prices of such goods shall remain in force as long as they are displayed in the Web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms. All sales offers of goods placed in the Web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract for such goods, especially for reasons of supply, or impossibility of fulfillment. The conclusion of the purchase contract occurs at the moment of receipt of the confirmed order.

• The store's web interface also contains information about the costs associated with packaging and delivering the goods. Information on the costs associated with packaging and delivery of goods listed in the Web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

• To order goods, buyer fills the order form in the Web interface of the store. The order form contains, in particular, information on:

1. The ordered goods and their quantity (the ordered goods "insert" the buyer into the electronic Shopping Cart Web interface Store),

2. Method of payment of the purchase price of goods,

3. Details of the requested method of delivery of the ordered goods, incl. Possible transport costs

4. Information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has placed in the order, even with regard to the possibility of the buyer to detect and correct errors arising when entering the data into the order. The buyer sends the order to the seller by clicking on the "ORDER" button, or otherwise called a button with similar meaning. The information provided by the buyer in the order is deemed correct and binding by the seller. Immediately upon receipt of the order, the seller confirms such receipt to the buyer by electronic mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail Address").

• The seller is always entitled, 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 (e.g. in writing or by telephone). o The contractual relationship between seller and buyer arises from the delivery of a confirmed order, which is sent by the seller to the buyer by electronic mail, to the e-mail address of the buyer. The order of goods different from the offer or the order with the supplement is excluded in its entirety and is not considered a proper order of the goods, unless the seller and buyer agree in writing or by telephone otherwise. The seller confirms the delivery of the order.

1. The buyer acknowledges that the seller is entitled to refuse the order and not to conclude the purchase agreement, especially to persons who have previously materially violated the purchase agreement (including the terms and conditions).

2. The buyer agrees to use the means of distance communication when concluding the purchase contract. Costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) are borne by the buyer himself.

SENDING GOODS ABROAD

• The Contracting Parties agree, for a legal relationship containing an international element, the Czech applicable law, with the result that if a party is a consumer, the applicable law for rights and obligations under the contract will be determined on the basis of the relevant provisions Conflict of law rules (in particular Regulation (EC) No 593/2008 of the European Parliament and of the Council-Rome I).

• In the case of sending goods abroad, the place of sale is the Czech Republic.

• In the case of sending goods abroad, the place of delivery is the seller's establishment in Ostrava. Delivery abroad for the buyer can be facilitated by the seller, but the delivery abroad does not change either the place of sale or the place of delivery and both remain in the Czech Republic.

• If the purchaser is a foreign legal entity or foreign natural person doing business, then the seller with the buyer may negotiate a different place of delivery, eg. Abroad and related to another tax and customs procedure. The agreement on the other place of delivery shall be demonstrably substantiated on printed or electronic documents in such a way as to avoid any confusion.

 

PRICE AND PAYMENT TERMS

• The price of goods and any costs associated with the delivery of goods according to the purchase contract can be paid by buyer in the following ways:

O Cash on delivery at the location specified by the buyer in the order;

A bank account (the "seller's account") in a non-cash transfer to the seller; In the case of foreign customers, this is usually a bank account other than that paid by customers from the Czech Republic;

The bank card in case the payment can be made in this way and when the seller is able to accept the payment.

• Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall also be understood.

• In the case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.

• In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled upon crediting the seller's account.

• The seller is entitled, in particular if the buyer does not provide additional confirmation of the order, require payment of the entire purchase price before the goods are shipped to the buyer. o any discounts on the price of goods provided by seller to buyer cannot be combined. o If it is customary in the course of trade or if it is provided by generally binding legal regulations, the seller shall issue a tax document – Invoice for payments made under the purchase agreement to the buyer. The seller is the payer of value added tax.

• Prices are valid until the stock lasts and only when the purchase contract is concluded through the online store or by telephone in accordance with these terms and conditions.

WITHDRAWAL

• The buyer acknowledges that according to the provisions of § 1837. No. 89/2012 Coll. Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), may not, inter alia, withdraw from the purchase contract for the supply of goods adjusted to the buyer's wish, as well as goods which are subject to perishable, wear or obsolescence, of delivery Goods in sealed packaging which the consumer has removed from the packaging, or even consumed in part, etc.

• If this is not the case referred to in art. 5.1 The buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with section 1829 of the Civil Code.

• Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, in writing to the address of the seller's premises or to the seller's e-mail address. The seller shall confirm without undue delay the receipt of the notice of withdrawal if it has been delivered within the prescribed period.

• The buyer is obliged to return the goods to the seller at the latest within 14 days from the withdrawal of the contract, and the seller is entitled to review the returned goods, in particular to determine whether the returned goods are not damaged, corrupt, Worn or partly consumed.

• In the event of withdrawal, the Buyer shall bear the cost of returning the goods. The seller shall reimburse the buyer for the purchase price (including postage paid at the purchase, but excluding the cost of postage incurred for returning the goods) to the buyer within fourteen (14) days of receipt of the withdrawal, but not before the goods are returned to him, Direct debit to the account specified by the buyer. The seller is also entitled to return the purchase price in cash when returning the goods to the buyer. The buyer is obliged to return the goods in the original open packaging without apparent damage and without any handling of the contents of the supplied goods, otherwise it is obliged to bear the costs of compensation for the damage suffered.

• The buyer acknowledges that if the goods returned by the buyer are damaged, spoiled, worn or partially consumed, the seller is entitled to compensation to the buyer for damages incurred by him. The seller is entitled to unilaterally count against the buyer's claim for reimbursement of the purchase price.

 

TRANSPORT AND DELIVERY OF GOODS

• The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. In the event that the method of transport is contracted on the basis of the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport.

• If the seller under the purchase contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If the buyer does not assume the goods upon delivery, the seller is entitled to charge a storage fee of CZK 200 (in the words: two hundred Czech crowns) and is entitled to withdraw from the purchase contract.

• If, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a manner other than that indicated in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods or the costs associated with the other method of delivery.

• Upon receipt of the goods from the shipper, the buyer must check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the package indicating unauthorised intrusion into the consignment, buyer may not accept the shipment from the shipper. By signing the delivery note buyer confirms that the consignment of goods has complied with all the conditions and formalities and any subsequent complaints regarding the packaging of the consignment may not be taken into account.

• Other rights and obligations of the parties in the carriage of goods may modify the delivery terms of seller.

• In the case of an improperly chosen mode of transport (the goods exceed the weight for which the buyer chooses the carriage) by the buyer, the seller is entitled to change the transport method without prior notice.

 

TRANSPORT AND DELIVERY OF GOODS

• The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. In the event that the method of transport is contracted on the basis of the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport.

• If the seller under the purchase contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If the buyer does not assume the goods upon delivery, the seller is entitled to charge a storage fee of CZK 200 (in the words: two hundred Czech crowns) and is entitled to withdraw from the purchase contract.

• If, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a manner other than that indicated in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods or the costs associated with the other method of delivery.

• Upon receipt of the goods from the shipper, the buyer must check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the package indicating unauthorised intrusion into the consignment, buyer may not accept the shipment from the shipper. By signing the delivery note buyer confirms that the consignment of goods has complied with all the conditions and formalities and any subsequent complaints regarding the packaging of the consignment may not be taken into account.

• Other rights and obligations of the parties in the carriage of goods may modify the delivery terms of seller.

• In the case of an improperly chosen mode of transport (the goods exceed the weight for which the buyer chooses the carriage) by the buyer, the seller is entitled to change the transport method without prior notice.

 

LIABILITY FOR DEFECTS, WARRANTY

• The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller, shall be governed by the applicable generally binding regulations (in particular the provisions of § 2158 et seq. of the Civil Code).

• The seller is responsible to the buyer for the fact that the sold item is in conformity with the purchase agreement, in particular that it is free from defects. By consensus with the purchase agreement, it is understood that the sold item has the quality and utility characteristics of the contract required by the seller, the manufacturer or his representative described, or on the basis of the advertising they perform, expected, or the quality and utility qualities for the matter of such The type is normal, that it complies with the requirements of the legislation, is equivalent in quantity, extent or weight and corresponds to the purpose stated by the seller for the use of the matter or for which the case is usually used.

• If the case is not in conformity with the purchase agreement ("Conflict with the purchase Agreement") at the takeover of the buyer, the buyer has the right to make the seller free of charge and without undue delay put the case into the state of the corresponding purchase contract, according to the buyer's request Either by exchanging the matter or by repairing it; If such procedure is not possible, the buyer may request a reasonable discount on the price of the case or withdraw from the contract. This does not apply if the buyer knew or contradicted the purchase agreement before accepting the case about the conflict with the purchase agreement. The contradiction with the contract of sale, which takes effect within six (6) months from the date of receipt of the case, is considered to be a contradiction already in its takeover, unless it is contrary to the nature of the case or unless proven otherwise.

• In the case of things that are quickly spoiled or used, the seller shall be liable for defects which will appear as a contradiction with the purchase contract after the case has been taken over in the warranty period (warranty).

• Buyer's rights under the seller's liability for defects, including the seller's warranty liability, are applied by buyer at the seller's premises.

WARRANTY PERIOD AND WARRANTY CARD

• The warranty period starts with the customer's acceptance of the goods.

• The warranty period of the delivered goods is governed by the information given on the packaging of the goods, unless such general mandatory legal regulations are provided.

• The warranty period is given for each item in its description. If a warranty certificate exists for the product, then it is issued on the date of sale of the goods. If the warranty card does not exist, the guarantee certificate shall serve as a tax document.

• The warranty does not cover normal wear and tear of goods (or parts thereof) caused by use. In this case, the shorter life of the product cannot be considered a defect and cannot be claimed as such.

• Goods sold at a lower price due to defects that do not prevent use and to which the buyer has been notified, it is not possible to claim this defect.

• The warranty period is not determined by the Civil Code for customers who use the goods for the purpose of business or trade in the product. In this case the warranty period determines the specific importer of goods into the Czech Republic. The warranty period stated on our website is for consumers only, not for businessmen who buy goods in the course of their business activities (purchase at the COMPANY's).

 

Claim

• If the customer has discovered on the purchased goods during the warranty period a defect that was not caused by its improper use, but a defect of the product itself, has the right to claim the goods within the warranty period. The customer submits the complaint directly to the operator MazliciOstrava.cz. It is advisable to send the goods in the original packaging or a suitable shipping container, because the supplier is not liable for any mechanical damage before accepting the goods.

• Complaint handling for the supplier will assess the legitimacy of the claim defect on the goods and after the assessment informs the customer by telephone or email about the method of handling the complaint. The customer will then be asked to pick up the claimed goods.

• The deadline for handling the claim is according to UST. Act No. 634/1992 Coll. thirty-day, from the date of claim, unless the parties agree on a longer period.

• Only send the goods to the following address: MazliciOstrava, Mojmírovovce 167/9, 709 00 Ostrava-Marianske Hory

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

• The buyer acquires ownership of the goods by paying the entire purchase price of the goods. o Buyer acknowledges that the software and other components constituting the Web interface of the store (including photographs of the goods offered) are protected by copyright and are generally the sole property of the seller, or the seller is their authorized User. The buyer undertakes not to engage in any activity that could allow him or third parties to tamper with or unduly use the software or other components constituting the store's web interface.

• The buyer is not authorized to use the Web interface of the store using mechanisms, software or other procedures that could negatively affect the operation of the Web interface of the store. The web interface of the store may be used only to the extent that it is not at the expense of the rights of other customers of the seller and which is in accordance with its intended purpose.

• The buyer acknowledges that the seller is not liable for errors resulting from interference by third parties to the website or as a result of the use of the website in violation of their intended purpose. o The buyer is obliged to pick up the ordered goods at the point of delivery or to take delivery from the carrier within 10 calendar days of receipt of the call for takeovers or SMS carrier with the time of arrival. If the pickup or takeover does not occur, the seller has the right to charge the buyer a cancellation fee of 200 CZK (in the words: two hundred Czech crowns) and cancel the order (withdraw from the contract). In the case of perishable goods, the seller shall sell to another person without further notice.

• Images of individual products and their descriptions can be indicative or illustrative.

• Any disputes will be dealt with preferably by the seller's explanations and by the agreement of the Parties.

 

PROTECTION OF PERSONAL DATA AND FORWARDING OF COMMERCIAL COMMUNICATIONS

• The protection of personal data of the buyer, which is a natural person, is provided by Act No. 101/2000 Coll., on the protection of Personal data, as amended.

• The buyer agrees to the processing of their personal data: First and last name, home address, identification number, tax identification number, e-mail address, telephone number (collectively, all as "personal data").

• The buyer agrees to the processing of personal data by the seller for the purposes of the realisation of the rights and obligations of the purchase contract and for the purposes of sending information and commercial communications to the seller.

• The buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when ordering from the Web interface of the store) correctly and trureably and that he is obliged to inform the seller of the change in his Personal data.

• The seller may appoint a third party as a processor to process the personal data of the buyer. Except for persons transporting goods, the seller's personal data will not be transferred to third parties without the buyer's prior consent.

• Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

• The buyer confirms that the personal data provided is accurate and that it has been instructed that it is a voluntary provision of personal data. The buyer declares that he has been instructed that consent to the processing of personal data may be revoked by written notice delivered to seller's address in relation to the seller.

• In the event that the buyer considers that the seller or processor is processing his personal data which is contrary to the protection of the private and personal life of the buyer or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose Processing, it may:

1. Ask the seller or the processor for clarification,

2. Require the seller or processor to remedy the condition thus created. In particular, this may include blocking, correcting, supplementing or erasure of personal data. The seller shall promptly remedy.

• If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to provide information under the preceding sentence to require reasonable compensation not exceeding the costs necessary to provide the information.

• The buyer agrees to receive information related to the seller's goods, services or business to the buyer's e-mail address and agrees to receive commercial communications from the seller to the buyer's e-mail address.

DELIVERY

• Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail by the Postal Service operator (at the choice of the shipper). The buyer is delivered to the e-mail address specified in his/her user account.

The message is delivered:

• In the case of delivery by electronic mail upon receipt to the incoming mail server; The integrity of messages sent by electronic mail can be ensured by a certificate,

• In the case of delivery in person or through postal service by taking the consignment to the addressee,

• In the case of service in person or through postal service, also by denying receipt of the consignment, if the addressee (or the person authorized for it to take over the consignment) refuses to accept the consignment,

• In the case of service by postal Service, the deadline of ten (10) days from the deposit and the invitation to the addressee to take over the stored consignment, if the consignment is deposited with the postal operator, even if the The addressee did not know about the deposit.

FINAL PROVISIONS

• If the relationship related to the use of the website or the legal relationship established by the purchase Agreement contains an international (foreign) element, then the parties negotiate that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legislation.

• The seller is entitled to sell the goods on the basis of the trade licence and the seller's activities are not subject to any other authorisation. The Trade Licensing authority shall, within its jurisdiction, carry out a commercial inspection.

• If any provision of the terms and conditions is invalid or ineffective, or becomes, instead of the invalid provisions, the clause whose meaning to the invalid provision approximates as closely as possible. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms of sale require written form.

• In the case of derogating arrangements in the purchase agreement and these Terms and conditions, the agreements in the purchase agreement prevail.

• The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

• Contact details of seller: Address for delivery: Mazlici, Mojmírovci 167/9, Ostrava-Marianske Hory, 709 00, e-mail address [email protected], phone +420 733125053

• The seller is entitled to change these terms and conditions unilaterally, the effect of the change occurs by publication or date indicated. The legal effects of the conduct of the Parties shall be governed by the date of negotiation and the wording of the general conditions which was effective at the date of the hearing.

• Possible lawsuits between the parties will be dealt with within the general justice system locally and by the relevant court in accordance with applicable and effective procedural rules.

• These general terms and conditions become effective on the date of 1.7.2019 and apply to orders of goods delivered to the seller after that date.