BUSINESS TERMS AND CONDITIONS
NAKA – inter s.r.o. trading company
with the registered address: Místecká 97, 744 01 Frenštát pod Radhoštěm, Czech Republic
IČ (ID): 65151881, DIČ (VAT ID): CZ65141881,
incorporated in the Commercial
Register administered by the Regional Court in Ostrava, Section C, Insert 14456,
for the sales of goods via an online store located at the www.invisible-curb.com Internet address.
- INTRODUCTORY PROVISIONS
1.1. These Business terms and conditions (hereinafter referred to as the “Business terms and conditions”) of the NAKA – inter s.r.o. trading company (hereinafter referred to as the “Seller”) regulate rights and obligations of the contractual parties arising in relation to or on the basis of the Purchase agreement (hereinafter referred to as the “Purchase agreement”) concluded by the Seller and another natural person or legal entity (hereinafter referred to as the “Buyer”) via the Seller’s online store. The online store is operated by the Seller at the www.invisible-curb.com Internet address via a web interface.
1.2. The Business terms and conditions further regulate rights and obligations of the contractual parties during the use of the Seller’s website located at the www.invisible-curb.com Internet address (hereinafter referred to as the “Website”) and other underlying legal relations.
1.3. Provisions differing from the Business terms and conditions can be agreed upon in the Purchase agreement. Differing provisions in the Purchase agreement prevail over provisions in the Business terms and conditions.
1.4. Provisions of the Business terms and conditions are an integral part of the Purchase agreement. The Purchase agreement and the Business terms and conditions exist both in Czech and English.
1.5. The wording of the Business terms and conditions can be changed or amended by the Seller. This provision does not affect the rights and obligations that arose during the time when the previous wording of the Business terms and conditions was in force.
- USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer can access his/her/its user interface. The Buyer can order goods from his/her/its user interface (hereinafter referred to as the “User account”).
2.2. During the registration on the Website and when ordering goods, the Buyer is obliged to enter all data correctly and truthfully. The Buyer is obliged to update the data entered into his/her/its User account any time they change. The data that the Buyer enters into his/her/its User account and when ordering good are considered as correct by the Seller.
2.3. The access to the User account is secured by the username and password. The Buyer is obliged to keep the information necessary for accessing his/her/its User account confidential, and he/she/its acknowledges that the Seller is not responsible for the violation of this obligation from the Buyer’s side.
2.4. The Buyer is not entitled to allow third parties to use his/her/its User account.
2.5. The Seller is entitled to cancel the User account, particularly in the case when the Buyer has not used the User account for over 3 years, or in the case when the Buyer violates obligations arising from the Purchase agreement (including the Business terms and conditions).
2.6. The Buyer acknowledges that the User account does not have to be accessible non-stop, particularly with regard to necessary maintenance of the Seller’s software and hardware equipment, or the necessary maintenance of the third parties’ software and hardware equipment.
- CONCLUDING THE PURCHASE AGREEMENT
3.1. The store’s web interface contains the list of goods that the Seller offers for sale, including the prices of individual items. The listed prices of offered goods include the VAT and all related fees. The offer of goods and listed prices remain valid for the period of time when they are displayed on the store’s web interface. This provision does not restrict the Seller’s option to conclude a Purchase agreement with individually agreed terms and conditions. All offers of goods for sale on the store’s web interface are not binding and the Seller is not obliged to conclude a Purchase agreement regarding these goods.
3.2. The store’s web interface also includes the information about costs related to packaging and shipping goods.
3.3. When ordering goods, the Buyer will fill in the order form on the store’s web interface. The order form includes namely the information about:
- the ordered goods (the Buyer “puts” the ordered goods into the electronic shopping basket on the store’s web interface),
- the way of paying the purchase price of the goods, the required ways of delivering the ordered goods, and
- the costs associated with delivering the goods (hereinafter referred to collectively as the “Order”).
3.4. Prior to submitting the Order to the Seller, the Buyer is allowed to check and change any data entered in the Order, which also takes into account the Buyer’s opportunity to identify and correct mistakes made during entering the data into the Order. The Buyer submits the Order to the Seller by clicking on the “Confirm order” button. Data entered in the Order are considered as correct by the Seller. The Seller confirms the reception of the Order to the Buyer immediately by an e-mail sent to the Buyer’s e-mail address given on the user interface or in the Order (hereinafter referred to as the “Buyer’s e-mail address”).
3.5. The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for instance in writing or by phone) depending on the character of the Order (volume of goods, total purchase price, estimated cost of transport).
3.6. The contractual relationship between the Seller and the Buyer is created by accepting the Order which is confirmed by e-mail, namely by sending an e-mail to the Buyer’s e-mail address.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase agreement, particularly with people or entities that have violated terms and conditions in the Purchase agreement (including the Business terms and conditions) in a substantial way.
3.8. The Buyer agrees with using devices for remote/long-distance communication when the Purchase agreement is being concluded. Costs incurred to the Buyer in connection with using devices for remote/long-distance communication when the Purchase agreement is being concluded (cost of the Internet connection, cost of phone calls) are covered by the Buyer.
- PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The Buyer can pay for the price of goods and possible costs connected with delivering the goods according to the Purchase agreement to the Seller in the following ways:
- by a payment card of via the PayPal payment gateway,
- by bank transfer.
4.2. The Buyer is obliged to pay the purchase price of goods to the Seller and cover the costs connected with packaging and delivering the goods. Unless explicitly stated otherwise, the purchase price is understood as the purchase price including any costs connected with delivering the goods hereinafter.
4.3. In the case of cash payment COD (cash on delivery) payment, the purchase price is payable upon delivery / accepting the goods.
4.4. Possible discounts offered by the Seller to the Buyer cannot be combined.
4.5. The Seller issues a tax document – invoice to the Buyer on the basis of the Purchase agreement. The Seller is a VAT payer. The Seller sends a tax document – invoice to the Buyer in the electronic form to the Buyer’s e-mail address.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer has the right to cancel the Order after mutual agreement with the Seller, which applies for the period until the Order is shipped, i.e. handed over to a freight forwarder.
5.2. According to the provision of Section 1829, Article 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase agreement within fourteen (14) days after accepting the goods. The withdrawal from the Purchase agreement must be provably delivered to the Seller within fourteen (14) days after accepting the goods, to the address of the Seller’s place of business or to the Seller’s e-mail address.
5.3. In the case of withdrawal from the Purchase agreement according to Section 5.2. of the Business terms and conditions, the Purchase agreement is cancelled from the beginning. The goods must be returned to the Seller within three (3) business days after submitting the withdrawal from the agreement to the Seller.
5.4. The goods must be returned to the Seller without damage and wear.
5.5. In the period of ten (10) days after returning the goods by the Buyer according to Section 5.3. of the Business terms and conditions, the Seller is entitled to perform the inspection of the returned goods, particularly for the purpose of determination if the goods were not damaged, worn or partially consumed.
5.6. In the case of the withdrawal from the agreement according to Section 5.2. of the Business terms and conditions, the Seller returns the purchase price (after deduction of costs of delivery) to the Buyer within ten (10) days after the period for the inspection of goods according to Section 5.5. of the Business terms and conditions ends at the latest’s, by a bank transfer to the bank account given by the Buyer. The Seller is also entitled to return the purchase price in cash already upon the return of the goods by the Buyer.
5.7. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to demand a compensation for the damage that was incurred to the Seller by that fact. The Seller is entitled to deduce the settlement of the incurred damage unilaterally from the Buyer’s claim for returning the purchase price.
- TRANSPORT AND DELIVERING GOODS
6.1. The way of the goods delivery is decided by the Buyer on the basis of choice from ways of transport offered by the Seller.
6.2. If the Seller is obliged to deliver the goods to the place identified in the Order by the Buyer according to the Purchase agreement, the Buyer is obliged to accept the goods upon delivery. If the Buyer does not accept the goods upon delivery, the Seller is entitled to demand a fee for transport in the amount of the cost of transport, and is also entitled to withdraw from the Purchase agreement.
6.3. In the case that the goods have to be delivered repeatedly or in a way that differs from what was entered into the Order due to reasons on the Buyer’s side, the Buyer is obliged to cover the costs connected with the repeated delivery of the goods or costs connected with a different way of delivery.
6.4. The Buyer is obliged to check the intactness of packaging upon the delivery of the goods, and immediately report any defects to the forwarder. If the packaging is found damaged, which proves that there has been an unauthorized intrusion into the shipment, the Buyer does not have to accept the shipment from the forwarder. By signing the delivery note, the Buyer confirms that the shipment of the goods fulfils all conditions and essentials so that any subsequent claims regarding the damage of the shipment packaging will not be considered.
6.5. Other rights and obligations of the parties during the transport of the goods can be regulated by the Seller’s delivery conditions.
- LIABILITY FOR DEFECTS, WARRANTY
7.1. The Seller is responsible to the Buyer that the sold thing is in accord with the Purchase agreement, and particularly that it is free of any defects. The accord with the Purchase agreement is understood in the way that the sold thing is of the quality and technical specifications required by the Purchase agreement, described by the Seller, manufacturer or its representative, expected on the basis of their advertising, or quality and technical specifications that are usual for the thing of this kind, and that it conforms to the requirement of legal regulations, is in corresponding quantity, rate, or weight, and is fit for the purpose for which the Seller declares the use of this thing or for which it is usually used.
7.2. In the case that the thing is not in accord with the Purchase agreement upon its acceptance by the Buyer (hereinafter referred to as “Contradiction with the Purchase agreement”), the Buyer has the right to demand that the Seller puts the thing into the state in accord with the Purchase agreement without unnecessary delay, either by providing a replacement or repair of the thing, according to the Buyer’s requirements. If such a procedure is not possible, the Buyer can require a reasonable discount from the price of the thing, or can withdraw from the agreement. This does not apply if the Buyer was aware of the Contradiction with the Purchase agreement prior to accepting the goods, or he/she/it caused the Contradiction with the Purchase agreement. The Contradiction with the Purchase agreement that comes to light within six (6) months following the date of accepting the thing is considered to be the Contradiction with the Purchase agreement existing already when the thing was accepted, if it is not in conflict with the nature of the thing or if it is not proven otherwise.
7.3. Unless the goods are perishable or used, the Seller is responsible for defects that prove to be in contradiction with the Purchase agreement after accepting the goods and within the warranty period (24 months after the purchase).
7.4. The Buyer’s rights resulting from the Seller’s responsibility for defects, including the Seller’s warranty liability, can be exercised by the Buyer at the address of the Seller’s place of business.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
8.1. The Buyer acquires the ownership of the goods by paying the whole purchase price of the goods.
8.2. The Buyer acknowledges that the software as well as other components that create the store’s web interface (including photographs of the offered goods) are protected by the copyright law. The Buyer commits that he/she/it will not perform any activities that could enable him/her/it or third parties to modify the software or other components that create the store’s web interface or use them in an unauthorized way.
8.3. During the use of the store’s web interface, the Buyer is not entitled to use mechanisms, software or other procedures that could negatively impact the operation of the store’s web interface. The store’s web interface can be used only to the extent that does not impact on the right of other Seller’s customers and that is in accord with its purpose.
8.4. The Buyer acknowledges that the Seller is not responsible for mistakes due to the third parties’ intervention with the Website or as a result of using the Website in contradiction with its purpose.
9.1. The protection of the Buyer’s personal data, if he/she is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Buyer agrees with processing the following data about himself/herself/itself: name and surname, home address, ID number, VAT ID, e-mail address, telephone number (hereinafter collectively as “Personal data”).
9.3. The Buyer agrees with processing the Personal data by the Seller, namely for the purpose of implementing the rights and obligations of the Purchase agreement and for the purpose of sending information and commercial announcements to the Sellers.
9.4. The Buyer acknowledges that he/she/it is obliged to enter his/her/its Personal data correctly and truthfully (during the registration, on his/her/its user account, when ordering goods via the store’s web interface), and that he/she/it is obliged to inform the Seller about any changes in his/her/its Personal data without unnecessary delay.
9.5. The Seller can authorize a third party to process the Buyer’s Personal data, and the third party is in the role of the processor. Except from people forwarding the goods, no other third parties will get the Personal data from the Seller without prior consent by the Buyer.
9.6. The Personal data will be processed for an unlimited period of time. The Personal data will be processed in the electronic form in an automated way or in the printed form in a non-automated way.
9.7. The Buyer confirms that the provided data are exact and that he/she/it has been instructed that the Personal data are provided voluntarily. The Buyer proclaims that he/she/it was informed that the agreement with the Seller’s processing Personal data can be recalled by a written announcement delivered to the Seller’s address.
9.8. In the case that the Buyer assumed that the Seller or the processor (Section 9.5) performed the processing of his/her/its Personal data that contradicts the protection of the Buyer’s private and personal life or is in conflict with the law, particularly if the Personal data are not precise with regard to the purpose of their processing, he/she/it can:
- ask the Seller or the processor for clarification,
- ask the Seller or the processor to remove the state that has been established this way. This can particularly include blocking, correcting, amending, or deleting Personal data. If the Buyer’s request according to the previous sentence is considered justified, the Seller or the processor will immediately remove the faulty state. If the Seller or the processor fails to meet the request, the Buyer has the right to address directly the Office for Personal Data Protection. This provision does not affect the Buyer’s entitlement to address the Office for Personal Data Protection directly.
9.9. If the Buyer requires the information about processing his/her/its Personal data, the Seller is obliged to give him/her/it this information. The Seller has the right to ask for a reasonable reimbursement for providing the information according to the previous sentence, and the reimbursement cannot exceed the costs necessary for providing the information.
9.10. The Buyer agrees with sending information connected with the Seller’s goods or enterprise to the Buyer’s e-mail address and he/she/it also agrees with sending the Seller’s commercial announcements to the Buyer’s e-mail address.
- Unless agreed otherwise, any correspondence related to the purchase agreement must be delivered to the other contractual party in writing, personally or via a postal services provided as a registered shipment (according to the sender’s choice). The Buyer receives it on the e-mail address entered in his/her/its user account.
- FINAL PROVISIONS
11.1. If the relation connected with using the Website or legal relation based on the Purchase agreement includes an international (foreign) element, then the parties agree that the relation is governed by the Czech law. This does not affect the consumer’s rights resulting from generally binding legal regulations.
11.2. If any provision of the Business terms and conditions is invalid or ineffective, or becomes invalid or ineffective, such an invalid provision will be substituted by a provision that is as near to the sense of the invalid provision as possible. The fact that a provision is invalid or ineffective does not affect the validity of other provisions. Changes and amendments of the Purchase agreement or the Business terms and conditions must be made in writing.
11.3. The Purchase agreement, including the Business terms and conditions, is archived by the Seller in the electronic form, and is not accessible.
11.4. Contact data of the Seller: delivery address: NAKA – inter s.r.o., Místecká 97, 744 01 Frenštát pod Radhoštěm, e-mail address: firstname.lastname@example.org, tel. +420 556 836 970.
Delivery terms and conditions
The goods are sent via the GLS delivery service. The goods are shipped the following day after accepting the order at the latest.
The price of transport depends on the quantity of ordered goods (the weight of the shipment is the decisive factor), and the destination country. The price of transport for a given country can be verified in the shopping basket after choosing the country by clicking on the “Change country” button.
The time of transport depends on the destination where the goods are delivered. Usual times of shipments transport to individual countries are given in the following table:
|Slovakia, Germany, Austria, Poland, Hungary, Belgium, Netherlands, Luxembourg, Denmark||2|
|Slovenia, Croatia, Romania, Lithuania, Latvia, Switzerland*, Serbia*||3|
|UK, Italy, Estonia||3–4|
|Republic of Ireland, Malta, Liechtenstein*||4|
|Spain, Portugal, Finland||4–7|
* + customs clearance time
The delivery time is given in accord with the forwarder’s terms and conditions and cannot be guaranteed.
Information Obligation of the Taxpayer
Pursuant to the Act on Registration of Sales, the salesperson is obliged to issue a receipt to the buyer. Sales must be registered to the tax authority online; in case of a technical failure this must be done within 48 hours.