General Terms and Conditions

I. Basic provisions

1. These General Business Terms and Conditions (hereinafter referred to as the "Business Terms") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code”)
   
   

   Smíšková Eva obchodní s.r.o.

   Company ID: 06478794 with registered office: Na úbočí 2250/10, 182 00, Praha 8 – Libeň

   registered at the Prague City Court, Section C, file 281941

   contact information:

   spirstab@spirstab.com

   +420 284 810 231

   https://www.spiralstabilization.com/en/

   (hereinafter "Seller")

2. These Business Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the Purchase Contract outside his or her business as a consumer or in the course of its business activities (hereinafter referred to "Buyer") through a web- https://www.spiralstabilization.com/en/ (hereinafter referred to "internet shop").
3. The Terms of Business Terms and Conditions are an integral part of the Purchase Agreement. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
4. These Business Terms and Conditions and the Purchase Agreement shall be concluded in the English language.

II. Product and price information

1. Information about the goods, including the prices of individual goods and their main features, are given for individual goods in the internet shop catalog. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.
2. All presentations of the goods placed in the catalog of the internet shop are informative and the seller is not obliged to conclude a purchase contract for these goods.
3. Information on the costs associated with packing and delivery of goods is published in the online store. Information on the costs associated with the packing and delivery of goods listed in the online store is valid only in cases when the goods are delivered within the territory of the EU.
4. Any discounts on the purchase price of the goods can not be combined, unless the seller and the buyer agreed.

III. Order and conclusion of the purchase contract

1. Costs incurred to the buyer when using communication devices such as (costs of internet connection, costs of telephone calls) shall be payed by the buyer himself. These costs do not differ from basic rates.
2. The buyer carries out the order of the goods in the following ways:

• through his customer account, if he has previously registered in the online store,
• filling in the order form without registration.

1. When placing orders, the buyer selects the goods, the number of items, the way of payment and the delivery.
2. Before sending the order, the buyer is allowed to check and modify the data that they have placed in the order. Send the order to the buyer by clicking the Finish button. The information given in the order is considered to be the correct. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.
3. Immediately upon receipt of the order, he will send the buyer an acknowledgment of receipt of the order to the e-mail address entered by the customer. This acknowledgment is automatic and is not considered to be a contract. Attachment of the confirmation is the current business conditions of the seller. The purchase contract is closed only upon receipt of the order from the seller. The order receipt is delivered to the Buyer’s e-mail address.
4. If any of the requirements specified in the order can not be fulfilled by the seller, the seller will send a modified offer to his / her e-mail address. The amended offer is considered to be a new draft Purchase Agreement, and the Purchase Agreement is in this case concluded by the Purchaser’s confirmation of acceptance of this offer by the Purchaser to its e-mail address specified in these Terms and Conditions.
5. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a receipt from the seller. The buyer can cancel the order by phone on the phone number or e-mail of the seller listed in these terms and conditions.
6. In the event of an obvious technical error on the part of the seller when the price of the goods is placed in the online store or during the order, he / she is not obliged to deliver the goods to the buyer for this obviously incorrect price Seller informs the buyer of the error without undue delay and sends it to the buyer email address modified offer. The revised bid is considered as a new draft Purchase Agreement and the Purchase Agreement is then concluded with a Buyer Acceptance Receipt at Seller’s Email Address.

IV. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with delivering the goods in accordance with the purchase contract in the following ways:

• cash on delivery of goods,
• in cash at personal collection at the premises

1. Together with the purchase price, the buyer is required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
2. In the case of cash payment, the purchase price shall be payable upon receipt of the goods.
3. In the case of a non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s bank account.
4. Seller shall not require from the Purchaser any advance or other similar payment in advance. Payment of the purchase price before shipment of goods is not a backup.
5. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, it is obliged to register the received revenue with the tax administrator online, in the event of a technical outage, at the latest within 48 hours
6. The goods are delivered to the buyer:

• to the address specified by the buyer of the order
• by personal pick-up at the seller’s premises

1. Choosing the delivery method is done during the ordering of the goods.
2. The cost of delivering the goods according to the method of dispatch and receipt of the goods is stated in the buyer’s order and in the order confirmation by the seller. 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.
3. If, for reasons on the part of the buyer, the goods are to be delivered repeatedly or in any way other than that specified 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.
4. When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier without delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
5. The Seller shall issue to the Purchaser a tax document – an invoice. The tax document is sent to the buyer’s email address. / The tax document is attached to the delivered goods.
6. The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the buyer was obliged to take over the goods but did not do so in contravention of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his / her business as a consumer has the right to withdraw from the sales contract.
2. The withdrawal period shall be 14 days from the date of receipt of the goods.
3. In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.
4. The buyer who has withdrawn from the contract is obliged to return the goods within 14 days of withdrawal from the contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
5. If the buyer withdraws from the contract, the seller shall return it all the funds, including delivery costs received by him, in the same manner without delay, but no later than within 14 days of withdrawal. The Seller shall return the received money to the Buyer in a different way only if the buyer agrees and does not incur any additional costs.
6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers it or proves that the goods have been dispatched to the seller.
7. The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer’s claim for repayment of the purchase price.
8. The seller is entitled to withdraw from the purchase contract due to the out-of-stock, unavailability of the goods or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the Purchaser.

VII. Rights from defective performance

1. The seller shall be liable to the buyer for the goods not to be defective upon takeover. In particular, the seller replies to the buyer that at the time the buyer took over the goods:

• the goods have properties that the parties have negotiated and if the arrangement is lacking, it has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
• the goods are in the appropriate quantity and
• the goods comply with legal requirements.

1. If a defect occurs within six months of receipt of the goods by the purchaser, the goods shall be presumed to have been defective at the time of acceptance. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover. This provision shall 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 goods caused by its normal use, for the used goods to a defect corresponding to the degree of wear or tear the goods have had at the time of takeover by the buyer from the nature of the goods.
2. In the event of a defect, the buyer may submit a claim to the vendor requesting:

• replacement for new goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.

1. The buyer has the right to withdraw from the contract,

• if the goods have a material defect,
• If the item can not be properly used for repeated defects or defects after repair,
• for a greater number of defects of goods.

1. The Seller is required to provide the Buyer with a written confirmation of the buyer’s right to claim, the content of the claim, and the manner in which the claim is processed, as well as a confirmation of the date and manner of settlement of the claim, including confirmation of the repair and its duration written justification of the refusal of the claim.
2. The seller or his authorized representative shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree for a longer period. The expiration of this period is considered as a material breach of contract and the buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the buyer’s will (application of the right of defective performance) occurs to the seller.
3. The Seller shall inform the Buyer in writing of the outcome of the claim.
4. The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing had a defect or if the buyer caused the defect himself.
5. In the event of a legitimate claim, the buyer has the right to reimbursement of the expense incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.
6. The buyer has a choice of complaint.
7. The rights and obligations of the Contracting Parties regarding rights to defective performance are governed by Sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., On Consumer Protection.

VIII. Delivery

1. The Contracting Parties may deliver all correspondence in writing by electronic mail.
2. The Buyer delivers the Seller’s correspondence to the email address given in these Terms and Conditions. Seller sends the correspondence to the buyer at the email address specified in the order.

IX. Out-of-court dispute resolution

1. The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
3. The Seller is authorized to sell 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. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll.

X. Final Provisions

1. All arrangements between the seller and the buyer are governed by the laws of the Czech Republic.
2. The Seller is not bound by the Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) e) the Civil Code.
3. The Seller shall not be held responsible for any errors resulting from third-party interventions in the Internet Store or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the Internet shop and use the Internet shop or its parts or software in a way that is inconsistent with its purpose or purpose.
4. The buyer hereby takes on the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
5. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible.
6. The sales terms may be changed or supplemented by the seller. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.