Terms & Conditions
based Doktora Paula 766, 55101 Jaromer, Czech Republic, Identification Number: 25997254,
registered in the Commercial Register maintained by the Regional Court in Hradec Kralove, Section C, File 19001
for the sale of goods through an online store located on the Internet at www.silversox.eu
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions ("Terms and Conditions") of PROSPIRE s.r.o., headquartered Doktora Paula 766, 55101 Jaromer, Czech Republic, Identification Number: 25997254, registered in the Commercial Register maintained by the Regional Court in Hradec Kralove, Section C, File 19001 (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations arising in connection with or under a purchase Contract (the "Purchase Agreement") concluded between the seller and any other natural person (hereinafter the "Buyer") through the online shop of the seller. Internet business is operated by the seller on a website located on the Internet at www.silversox.eu (hereinafter the "Website"), through a website interface (hereinafter referred to as "Web-based commerce").
1.2. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in their business or in their separate occupations.
1.3. Provisions diverging from those Terms and Conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4. Provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase agreement and the Terms and Conditions are written in Czech and English. Purchase contract can be concluded in Czech and English.
1.5. The Terms and Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of Terms and Conditions.
2. USER ACCOUNT
2.1. Upon registration of the buyer on the website, the buyer can access his user interface. From his user interface buyer can order goods (hereinafter "user account"). In case of the web interface allows it, buyers can also order goods without registration directly from the web interface business.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The buyer is obliged to update the data stated in his user account at every change of them. The data referred by the buyer in the user account and during ordering goods are deemed by the seller to be correct.
2.3. Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user account.
2.4. Buyer is not allowed the use of a user account to the third parties.
2.5. Seller may cancel a user account, especially when the buyer does not use his user account for more than two years, or if the buyer breaches of its obligations under the purchase contract (including Terms and Conditions).
2.6. Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or necessary maintenance of hardware and software of the third parties.
3. ENTERING INTO A PURCHASE AGREEMENT
3.1. All presentations of goods placed in the web interface of e-shop are indicative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph 2 of the Civil Code will not apply.
3.2. Web interface provides information about goods, prices of individual goods and costs for returning the goods if the goods by their nature cannot be normally returned by post. Goods prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3. Web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of e-shop applies only in cases where the goods are delivered within the territory of the European Union.
3.4. The buyer fills an order form in the web interface of e-shop to order goods. Order form contains particular information about:
3.4.1. ordered goods (the buyer "insert" the ordered goods into an electronic shopping cart through Website interface),
3.4.2. payment method of the purchase price, delivery method of the ordered goods and
3.4.3. information of the costs associated with the delivery of goods (hereinafter collectively referred as the "Order").
3.5. The buyer is allowed before sending the order to the seller to check and modify data in order provided by the buyer, also with the possibility of the buyer to detect and correct errors during data entry in order. The buyer sends the order by clicking on "confirm order". The data referred to the order are considered by the seller as correct. Seller immediately after reception of order confirms this reception to the buyer by e-mail to the e-mail address listed in the buyer's user account or in the order (hereinafter the "buyer’s electronic address").
3.6. Seller is always entitled to ask the buyer (by writing or by telephone) for additional confirmation (quantity of goods, purchase price, estimated shipping costs) depending on the nature of the order.
3.7. The contractual relationship between seller and buyer is created by order delivery (acceptance) which is confirmed to the buyer by e-mail to the electronic mail address of the buyer.
3.8. Buyer agrees with the use of distance communication in concluding the purchase contract. Costs incurred to the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) are paid by the Buyer, these costs are not different from the standard rate.
4. PRICE AND PAYMENT TERMS
4.1. The buyer may pay the price of goods and any costs associated with the delivery of goods according to the contract to the seller in following ways:
- Cash on delivery at the place designated in order by the buyer;
- Bank transfer to the seller's account no. 2900280705/2010, held by Fio banka, as (hereinafter the "Seller Account");
4.2. The Buyer shall pay together with the purchase price also the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
4.3. The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of Terms and Conditions concerning the obligation to pay the purchase price in advance.
4.4. In case of payment on delivery the purchase price is payable upon reception of goods. In case of cashless payment is the purchase price payable within 7 days from the purchase contract.
4.5. In case of cashless payment (bank transfer) is the buyer obliged to pay the purchase price together with the variable symbol of the payment (order ID). In case of cashless payment is the obligation of buyer to pay the purchase price fulfilled at the time when the appropriate amount is ascribed to the seller's account.
4.6. The seller is entitled, especially if the buyer does not additionally confirm the order (Art. 3.6), to require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on price of goods supplied by the seller cannot be combined.
4.8. If it is common in trade relations or if it is so stipulated by generally binding legal regulations the seller will issue tax document (invoice) in respect of made payments under a contract with buyer. Seller is a payer of value added tax. The tax document (invoice) is issued by the seller to the buyer after payment of the price of goods and sent electronically to the buyer's email address.
5. CANCELLATION OF PURCHASE CONTRACT
5.1. Buyer acknowledges that according pursuant § 1837 of the Civil Code among other things it’s not possible cancel the contract for the supply of goods that have been adjusted according to the wishes of the buyer or his person, cancel the purchase contract for the supply of goods subject to rapid deterioration, as well as goods , which was delivered after irretrievably mixed with other goods, cancel the purchase contract for the supply of sealed goods which the consumer unsealed and for hygienic reasons it is not possible to return them back, cancel the purchase contract for the supply of audio or video recordings or computer program, if their original packing is violated.
Note: Used socks cannot be returned because of hygienic reasons.
5.2. If it is not the case referred to art. 5.1 and also other cases where it’s not possible to cancel the contract, the buyer in accordance with § 1829 paragraph 1 of the Civil Code has the right to cancel the contract within fourteen (14) days from reception of the goods. If the purchase agreement is subject to several types of goods or supply of several parts, this period runs from the date of reception the final delivery. Cancellation of the contract must be sent to the seller within the period mentioned in the previous sentence. Buyer can send cancellation of the contract to the address of the seller PROSPIRE s.r.o., Doktora Paula 766, 55101 Jaromer, Czech Republic or to the seller's e-mail address.
5.3. In case of cancellation of the contract pursuant to Art. 5.2 the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the cancellation. If the buyer cancel the contract, the buyer bears the cost of returning the goods to the seller, even in case where the goods cannot be returned because of their nature by usual postal way.
5.4. In case of cancellation pursuant to Art. 5.2 seller returns the funds received from the buyer within fourteen (14) days from the cancellation the contract, in the same way that the seller received them from the buyer. The seller is also entitled to return the provided funds to the buyer at the time of returning the goods by buyer, or otherwise unless the buyer agrees and it will not create additional costs to the buyer. If the buyer cancels the contract, the seller is not obliged to return the received funds to the buyer before him buyer returns goods or demonstrate that he sent the goods to the seller.
5.5. Claims for damage caused to the goods and also transport costs, the seller is entitled to unilaterally set off against the buyer's claim for refund of the purchase price.
5.6. Until the receipt of the goods by the buyer, the seller may at any time cancel the contract. In this case, the seller returns the purchase price, without undue delay, by bank transfer to an account designated by the buyer.
5.7. If a gift is granted together with the goods to the buyer is a donation agreement between the seller and the buyer signed with the resolutive condition that occurs, when there is a cancellation of the contract by buyer and the gift agreement is also canceled and the buyer has to return the provided gift with the goods to the seller.
6. TRANSPORT AND DELIVERY
6.1. In case of the type of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged under the purchase contract to deliver goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
6.3. In case of the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with other delivery method.
6.4. The buyer is obliged to check the integrity of the packaging of goods when taking the goods from the carrier, and in case of any defects immediately notify the carrier. In case of finding violations package indicative of intrusion into consignment the buyer need not take shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods can by modified by the specific delivery conditions of the seller, if the seller issued.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding the rights of defective performance is governed by the relevant legislation (in particular the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code).
7.2. Seller is responsible that the goods on delivery have not defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
7.2.1. the goods have the qualities which the parties have agreed, and if there is absence of an arrangement, it has those properties which the seller or manufacturer has described or that buyers expect, given by the nature of goods and based on advertising,
7.2.2. the goods fit for the purpose which the seller says or to which the goods of the same type are normally used,
7.2.3. the goods correspond to the agreed quality or design sample or template, if there was quality or performance determined in accordance with the agreed sample or model,
7.2.4. the goods are in the right quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
7.3. The provisions referred to Article 7.2 of business conditions do not apply to the goods sold at a lower price at fault for which the lower price was negotiated, on the wear and tear caused by its common use, in used goods for defects caused by use or wear that goods had to take over the buyer, or if it appears by the nature of the goods.
7.4. When defect occurs within six months of receipt, it shall be deemed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right for defect that occurs in consumer products during the twenty four months from receipt.
7.5. Rights for defective performance purchaser exercises with the seller at his place of business in which it is possible taking into account the assortment of goods sold, possibly in the company headquarters.
7.6. § 2169
(1) If the item does not have the properties specified in § 2161, the buyer may also request the delivery of a new item without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only part of the item, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
(2) The buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
(3) If the buyer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the consumer significant inconvenience.
7.7. § 2106
(1) If the defective performance is a material breach of contract, the buyer has the right
a) to eliminate the defect by delivering a new item without a defect or by delivering a missing item,
b) to eliminate the defect by repairing the item,
c) at a reasonable discount from the purchase price, or
d) withdraw from the contract.
(2) The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable. If the seller does not eliminate the defects within a reasonable time or informs the buyer that he will not eliminate the defects, the buyer may request a reasonable discount from the purchase price instead of eliminating the defect, or may withdraw from the contract.
(3) If the buyer does not choose his right in time, he has rights under § 2107.
7.8. § 2107
(1) If the defective performance is a minor breach of contract, the buyer has the right to eliminate the defect or a reasonable discount on the purchase price.
(2) Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer.
(3) If the seller does not eliminate the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price, or may withdraw from the contract. The buyer cannot change the choice without the consent of the seller.
7.9. Other rights and obligations of the parties related to the responsibility of the seller for defects can modify the complaints procedure seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price.
8.2. Seller is not in relation to the purchaser bound by codes of conduct under § 1826, paragraph 1 point e) of the Civil Code.
8.3. Court complaint is provided by the seller through consumer electronic address firstname.lastname@example.org. Information about the disposition of the complaint buyer sends the seller at buyer's email address.
8.4. The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Controls over privacy are exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the defined scope, inter alia takes supervision over compliance with Act no. 634/1992 Coll., about consumer protection, as amended.
8.5. Buyer hereby takes on himself the danger of changing circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Privacy of buyer who is a natural person, is provided by Act no. 101/2000 Coll., about Protection of Personal Data, as amended.
9.2. Buyer agrees with the processing of his personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
9.3. Buyer agrees with the processing of personal data by the seller for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consent to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety under this Article is a condition which would in itself made it impossible to conclude a purchase agreement.
9.4. Buyer acknowledges that it is obliged to insert personal data (for registration, in his user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
9.5. Processing of personal data seller may appoint a third party as a processor. Except the persons transporting goods are not personal information forwarded to third parties without prior consent of the buyer.
9.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in non-automated manner.
9.7. The buyer confirms that the personal information is accurate and that he was advised that it is voluntary providing personal information.
9.8. In case of the buyer thought that the seller or processor (Art. 9.5) are processing of his personal data that is inconsistent with the protection of private and personal life of the buyer or against the law, especially if the personal information is incorrect considering the purpose of processing, he can:
9.8.1. ask the seller or processor for explanation,
9.8.2. require the seller or processor to correct the situation.
9.9. If the buyer requests information regarding the processing of his personal data, the seller must provide this information. For providing this information has seller the right to require reasonable compensation not exceeding the costs of providing the necessary information.
10. SENDING OF BUSINESS NEWS AND STORING COOKIES
10.1. Buyer agrees to receive information related to goods, services or seller’s company to the buyer's email address and also agrees to receive commercial messages from seller to buyer's email address.
10.2. Buyer agrees with saving cookies on his computer. In the event that a purchase on the website can be made and the commitments agreed sales contracts to fulfill without storage cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time.
11.1. The delivery may be done to the buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, a provision whose meaning is closest to invalid provision comes instead of the invalid provision. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions.
12.3. The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
12.4. Contact details of the seller: postal address PROSPIRE s.r.o., Doktora Paula 766, 55101 Jaromer, Czech Republic, electronic email address email@example.com, phone +420775041229.
"In the event of a consumer dispute between us and the consumer arising from a purchase or service contract which cannot be settled by mutual agreement, the consumer may submit an out-of-court settlement of such a dispute to a designated out-of-court settlement body for consumer disputes, which is:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Štěpánská 796/44 110 00 Praha 1
Email: firstname.lastname@example.org Web: adr.coi.cz
In Jaromer on 19.1.2022 PROSPIRE s.r.o.