Terms and Conditions Valid from 1.6.2022
of the trading company Terpenix s.r.o., with its registered office at Kamýcká 1777/31, Předměstí, 412 01 Litoměřice, ID No. 02365855, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, file No. C 33539, for the sale of goods through the on-line shop located at zembag.cz
1) Introductory Provisions
- These terms and conditions (hereinafter referred to as "Terms and Conditions") of Terpenix Ltd, with registered office at Kamýcká 1777/31, Předměstí, 412 01 Litoměřice, ID No. 02365855, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, file No. C 33539 (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website www.zembag.cz (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as the "Website interface").
- The Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his or her business or profession when ordering goods.
- Provisions deviating from the Terms and conditions may be agreed in the Purchase contract. Deviating provisions in the Purchase contract take precedence over the provisions of the Terms and conditions.
- The provisions of the 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 change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and conditions.
2) User Account
- Based on the Buyer's registration made on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "User account"). The Buyer can also order goods without registration directly from the web interface of the store.
- When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User account whenever it changes. The information provided by the Buyer in the User account and when ordering goods is considered correct by the Seller.
- Access to the User account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her User account.
- The Buyer is not entitled to allow third parties to use the User account.
- The Seller may cancel the User account, in particular if the Buyer has not used his/her User account for more than 5 years or if the Buyer breaches his/her obligations under the Purchase agreement (including the Terms and conditions).
- The Buyer acknowledges that the User account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3) Conclusion of the Purchase Contract
- All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a Purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.
- The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.
- The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
- the goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
- In the event that a quoted price is obviously a typing or numerical error, the price is not binding and the Purchase contract is not concluded.
- Before sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made in entering data in the order. The Buyer sends the order to the Seller by clicking on the "Send order" button. The information provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt of the Order by e-mail to the Buyer's e-mail address specified in the User account or in the Order (hereinafter referred to as "Buyer's e-mail address").
- The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (for example, in writing or by phone).
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.
- The Buyer agrees to the use of remote means of communication in concluding the Purchase contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4) Price and Payment Terms
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase contract to the Seller in the following ways:
- in cash at the Seller's premises at the following address: the premises of ČZU, Kamýcká 129, 165 00 Praha-Suchdol;
- in cash on delivery at the place specified by the buyer in the order;
- cashless by transfer to the seller's account no. 2100545891/2010, kept at Fio banka, a.s. (hereinafter referred to as "Seller's account");
- cashlessly via the GoPay: Payment Gateway payment system.
- Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
- The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.f of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 10 days of the conclusion of the purchase contract.
- In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
- The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.f), to require payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
- Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
- If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer regarding payments made on the basis of the Purchase Agreement. The seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
- According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of a technical failure, within 48 hours at the latest.
5) Withdrawal from the Purchase Contract
- The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, he cannot withdraw from a Purchase contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a Purchase contract for the supply of perishable goods, as well as contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.
- Unless the case referred to in Article 5.a) of the Terms and Conditions or any other case in which the purchase contract cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the Purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase contract, the Buyer may use the form provided by the Seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase contract to, inter alia, the Seller's business address or to the Seller's e-mail address email@example.com .
- In the event of withdrawal from the Purchase contract pursuant to Article 5.b) of the Terms and conditions, the Purchase ontract shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase contract to the Seller. If the Buyer withdraws from the Purchase contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
- In the event of withdrawal from the Purchase contract pursuant to Article 5.b) of the Terms and conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. 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 to him or proves that he has sent the goods to the Seller.
- The Seller is entitled to unilaterally set off any claim for payment of damages to the goods against the Buyer's claim for reimbursement of the purchase price.
- In cases where the Buyer has the right to withdraw from the Purchase contract in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase contract at any time until the goods are accepted by the Buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, and in cash to the account designated by the Buyer.
- If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the goods.
6) Transport and Delivery of the Goods
- In the event that a method of transport is agreed upon by special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
- If the Seller is obliged under the Purchase contract deliver the goods to the place specified by the buyer in the order, the Buyer is obliged to take over the goods on delivery.
- In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
- When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
- Other rights and obligations of the parties in the carriage of goods may be governed by the Seller's Special Conditions of Delivery, if issued by the Seller.
7) Rights under Defective Performance
- The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
- the goods have the characteristics which the parties have agreed and, in the absence of agreement, have the characteristics which the Seller or the manufacturer has described or which the Buyer has come to expect having regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with the requirements of the legislation.
- The provisions set out in Article 7.b) of the Terms and conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or where this is apparent from the nature of the goods.
- If the defect appears within six months of receipt, the goods shall be deemed to have been defective on receipt. The Buyer is entitled to exercise the right of a defect that occurs in consumer goods within twenty-four months of receipt.
- The Buyer shall assert the right of defective performance with the Seller at the address of the Seller's business premises where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.
- Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations https://eshop.zembag.cz/reklamace-a-zaruka
8) Other Rights and Obligations of the Parties
- The Buyer acquires title to the Goods by paying the full purchase price of the goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- Consumer complaints are handled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
- The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase contract.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) .
- The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out by the competent trade authority within its competence. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
- The purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- The Seller processes the personal data of the Buyer. More information on such processing can be found at https://eshop.zembag.cz/ochrana-osobnich-udaju
- If the relationship established by the Purchase contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law.
- By choosing the law according to this article of the Terms and conditions, the consumer is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- If any provision of the Terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The Purchase agreement, including the Terms and conditions, is archived by the Seller in electronic form and is not accessible.
- Contact details of the Seller: delivery address Terpenix s.r.o. spin-off company of ČZU, Kamýcká 961/129, 165 00 Praha-Suchdol, electronic mail address email@example.com, telephone +420 703 699 037
In Litoměřice on 1.6.2022