Terms and Conditions
4M SYSTEMS a.s., registered office and place of business Slezanů 2296/9, 169 00 Praha-Břevnov, Czech Republic, Identification number 03670091, registered in the Commercial Register B 22584 kept at the Municipal Court in Prague (the "Seller").
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (the "Business Terms"), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (the "Civil Code") govern the reciprocal rights and obligations of the parties arising out of or in connection with the Purchase Agreement (The "Purchase Agreement") concluded between the Seller and any other natural or legal person (the "Buyer") via the Seller's Internet Store. The online shop is operated by the seller at http://4msystems.cz, 4mtactical.cz, 4mtactical.com (the "website") through the web interface ("web interface of the store").
1.2. Business terms do not apply to cases where a person intending to purchase goods from a seller is a person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. These Terms and Conditions are an integral part of the Purchase Agreement. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. The Purchase Agreement and the Business Terms and Conditions are prepared in Czech and English. The purchase contract can be concluded exclusively in Czech or English.
1.5. The seller may change or add the wording of the business terms. In such a case, however, the rights and obligations arising during the effective date of the Business Terms and Conditions are not affected.
2. USER ACCOUNT
2.1. Based on buyer registration made on a website, buyers access their user interface ("user account"). The buyer can order the goods from his user interface.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 24 months, or if the buyer breaches his obligations under the sales contract (including business terms).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.
3. CLOSING OF THE BUILDING AGREEMENT
3.1. All presentations of the goods placed in the web interface of the store are of an informative nature and the seller is not obliged to conclude a purchase contract for such goods, for example due to legal requirements for the minimum age of the buyer or because of trade or legal restrictions applicable to certain regions. Section 1732 (2) of the Civil Code does not apply.
3.2. The store's web interface contains information about the goods, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for 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 for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" 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,
3.4.3. details of the required delivery of the ordered goods, and
3.4.4. information on the costs of delivering the goods
(collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order will be sent by the buyer to the seller by clicking the "Finish order" button. The data listed in the order they are deemed correct by the seller. After receiving the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the email address of the buyer specified in the order ("buyer's e-mail address").
3.6. The seller is always entitled depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) ask the buyer for an additional order confirmation (for example, in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises by delivering the receipt of the order (acceptance), which is sent to the buyer via e-mail to the buyer's e-mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. PAYMENT PAYMENT PRICE
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract shall be borne by the buyer to the seller:
4.1.1. Cash on delivery of goods sent in cash - only on the territory of the Czech Republic.
4.1.2. Click the card right when you finish your order by selecting "online card payment".
4.2. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.7. conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price will be paid according to the chosen payment method.
4.5. The Seller is entitled, in particular, in the event that the Purchaser does not receive an additional order confirmation (see Article 3.6.), Request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7. Seller issues a tax invoice to payments made under a purchase contract to the buyer. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
5. WITHDRAWAL FROM THE BUYER'S CONTRACT
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for his person, as well as goods which have been irreversibly mixed with other goods after delivery.
5.2. If this is not the case mentioned in Article 5.1. or in another case where the buyer can not withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, within 14 days of the receipt of the goods, where, types of goods or delivery of several parts, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence to: 4M SYSTEMS spol.s.r.o., Czech Republic together with the goods or to the email address: firstname.lastname@example.org
5.3. In case of withdrawal from the purchase contract according to Article 5.2. the sales contract is canceled from the outset. Goods must be returned to the seller within fourteen days of withdrawal. If the buyer withdraws from the purchase contract, he / she shall bear the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In case of withdrawal under Article 5.2. of the sales terms and conditions, the seller shall return the funds received from the buyer within 14 days of withdrawal from the purchase agreement by the purchaser to the buyer's bank account specified in the withdrawal from the purchase contract. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that he has dispatched the goods.
5.5. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.
5.6. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
6. TRANSPORT AND SUPPLY OF GOODS
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. Seller provides a warranty for the quality of the goods to the extent specified in the Purchase Agreement or Goods Warranty. In the event that the warranty card is not enclosed, the seller guarantees that the goods will be fit for use for the aforementioned or otherwise customary purpose, that they will have and retain the stated otherwise customary features, using impeccable materials, a technically sound design, and subject to the design standards for dimensions, performance and other stated properties.
7.3. The warranty does not apply to:
mechanical damage caused by the purchaser (user) or the affected parts or parts of the goods,
damages and defects caused by negligence of maintenance, failure to observe the instructions given in the instruction manual and the warranty certificate (if attached) and safety instructions, misuse, misoperation or unlawful interference,
defects resulting from storage in an inappropriate environment,
defects due to which the price of the goods was reduced, unless otherwise agreed,
adjustments and interventions in goods that are not made by the seller,
defects caused by using non-original parts,
wear caused by normal use or damage caused by uneven handling.
7.4. The warranty period provided by the seller for the goods is 24 months. The warranty period starts running on the day of the sale of the goods. The warranty period is extended by the period during which the goods were repaired.
7.5. The buyer has the right to claim rights to defective goods at the seller.
7.6. Buyer will apply his rights to defective performance without undue delay after he discovers that the goods are defective. When exercising the rights from defective performance, the buyer is obliged to mark the defect and to prove the date of sale of the goods.
7.7. The Seller is required to provide the Buyer with a written confirmation stating the date and place of claiming the defects, the characteristics of the defect complained of, the Buyer's requested way of handling the complaint and the manner in which the Buyer will be informed of its handling. The seller decides to claim immediately, in complex cases within three business days.
Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of its application unless the buyer agrees to a longer period.
7.8. How to handle a claim:
A. Removable defects. Defective defects are defects that can be repaired without affecting the appearance, function, and quality of the goods. In the event of a defect being defective, the buyer has the right to be removed free of charge, timely and properly.
B. Undesirable defects, recurrence of defects after repair, greater number of defects. An irretrievable defect is considered to be a defect that can not be eliminated or its removal is inappropriate, taking into account all decisive circumstances. In the event of an irreparable defect, multiple defects (at least 3 defects), or recurrence of defects after repair (at least the third occurrence of defect), the buyer has the right to request the replacement of the goods for a new impeccable or to withdraw from the purchase contract.
7.9. The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods due to their normal use, buyer, or if it results from the nature of the goods.
8. PROCESSING OF PERSONAL DATA
8.1. The processing of the buyer's personal data, which is a natural person, is carried out for the purpose of fulfilling the purchase contract pursuant to Article 6 (1) b) The GDPR Regulation.
8.2. The Seller declares that he / she considers the personal data to be confidential and uses it only for the purpose of fulfilling the purchase contract. Buyer's personal data will not be disclosed by the seller or given to a third party, except for the distribution of goods or payment transactions. The seller proceeds consistently so that the buyer does not suffer / suffer damage to his / her rights and he / she safeguards against unauthorized interference with private and personal life.
8.3. Detailed information on the processing of personal data is provided by the seller to the buyer in a separate section of the online store.
9. SENDING BUSINESS DOCUMENTS AND STORAGE COOKIES
9.1. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address.
9.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
10. DELIVERY OF BUSINESS DOCUMENTS
10.1. A commercial message may be delivered to the buyer at the e-mail address given in the needle about the user account or specified buyer in the order.
11. FINAL PROVISIONS
11.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
11.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. Out-of-court complaint handling of consumers is provided by the seller via the electronic address email@example.com. Buyer information will be sent to the buyer's electronic address.
11.5. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
11.6. The subject matter of out-of-court settlement of consumer disputes between the seller and the buyer is the subject of a non-judicial settlement of consumer disputes, the Central Inspectorate - ADR department, Štěpánská 15, 120 00 Praha 2, adr.coi.cz. These Terms and Conditions are valid from 1.5.2018.