Terms and conditions
Pšenčíkova 464 / 1a
14200 Prague 4
Identification number: 241 93 445
File number: C 187392 kept at the Municipal Court in Prague
Phone: + 420-244-470-192
I. GENERAL CONDITIONS
- These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company www.smart-filter.com s.r.o. (hereinafter referred to as the "Seller"), govern 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 adult natural or legal person (hereinafter referred to as the "buyer") via the Internet. the seller's business. The online store is operated by the seller at the internet address www.smart-filter.com. Sales are restricted by Act No. 65/2017 Coll. Prohibition of purchases for persons under 18 years of age.
- These general terms and conditions govern the mutual rights and obligations of the seller and the buyer arising from the purchase agreement concluded through the online store operated by the seller at www.smart-filter.com, as well as all mutual rights and obligations related to the conclusion of such purchase agreement.
- The seller (supplier) is a legal entity that acts in the conclusion and performance of the contract within its business or other entrepreneurial activity. The identification data of the seller are:
with its registered office at Pšenčíkova 464 / 1a, 14200 Prague 4
Identification number: 241 93 445
File number: C 187392 kept at the Municipal Court in Prague
- The customer of the online store is the "Buyer". Due to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer, so he is a so-called other person.
- Buyer - consumer in accordance with the relevant provisions of the Civil Code and the Consumer Protection Act means an adult natural person who does not act in the course of concluding and performing a contract in the course of his business or other entrepreneurial activity or in the independent performance of his profession (hereinafter also "consumer ").
- Buyer - another person is another adult legal or natural person who is not a consumer, ie. acts in the course of his business or in the independent exercise of his profession (hereinafter also referred to as "another person"). In cases where the buyer is not a consumer, the provisions of Article V of these Terms and Conditions do not apply to contractual relations. Other deviations are listed directly in the text of these general terms and conditions. This buyer is governed by the terms and conditions to the extent that they apply to him, as well as the Commercial Code.
- The subject of the purchase contract is the goods listed in the binding order confirmation by the seller.
II. USER ACCOUNT
- Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter "user account"). If the web interface of the store allows it, 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 state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are 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 user account and acknowledges that the seller is not responsible for breach of this obligation by the buyer.
- The buyer is not entitled to allow the use of the user account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including business conditions).
- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third-party hardware and software.
III. CONCLUSION OF THE PURCHASE AGREEMENT
- The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual offered goods. The prices of the offered goods are listed including value added tax. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
- The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
- the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop)
- the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- information on costs associated with the delivery of goods (hereinafter collectively referred to as "order").
- Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
- The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
- The contractual relationship between the seller and the buyer (purchase contract) arises from the delivery of the received order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address. By concluding the purchase contract, the buyer unconditionally confirms that he has read these general terms and conditions, their content is known and understandable and he unconditionally agrees with their content.
- The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including business conditions).
- The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (eg the cost of internet connection, the cost of telephone calls) shall be borne by the buyer himself.
IV. PURCHASE PRICE, METHOD OF PAYMENT OF THE PURCHASE PRICE
- The prices of the offered goods stated in the online shop of the seller are stated including value added tax in the amount valid and effective on the day of displaying the offer.
- The buyer may pay the purchase price to the seller in one of the following ways:
- cashless via the GoPAY or PayPal payment system;
- In cash on delivery at the place specified by the buyer in the order - in this case of payment, the buyer is charged the so-called additional costs related to the delivery of goods so-called cash on delivery in the amount according to the carrier's tariff.
- In the case of payment in cash on delivery, the purchase price is payable at the time of receipt of the goods. In the case of payment of the purchase price by non-cash transfer to the seller's account, the purchase price is payable within 7 days from the date of conclusion of the purchase contract.
- In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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 reserves the right to different purchase prices in stone shops and in the e-shop.
- If this is customary in business relations or if so 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 contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
V. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- In accordance with the provisions of Section 1829 of the Civil Code, the consumer has the right to withdraw from the purchase contract within fourteen (14) days of taking over the performance. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of performance, to the address of the seller's office and to the seller's e-mail address: firstname.lastname@example.org.
- In the event of withdrawal from the contract pursuant to point 1 of this article of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller to the address of the company's registered office. In this case, the consumer returns the goods at his own expense and responsibility.
- Within ten (10) days from the return of the goods by the consumer, the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially consumed.
- In the event of a valid withdrawal of the consumer from the contract, the seller shall return the financial amounts paid to the consumer no later than 14 days after the withdrawal.
- The consumer acknowledges that if the goods returned by the consumer are damaged, worn or partially consumed, the seller is entitled to compensation from the consumer for the damage caused to him.
VI. TRANSPORTATION AND DELIVERY OF GOODS
- The seller is obliged to dispatch the goods ordered by the buyer no later than 7 days from the date of payment of the purchase price.
- The method of delivery of goods is determined by the seller, unless otherwise agreed in the purchase contract.
- In accordance with the purchase contract, the goods can either be delivered to the place specified by the buyer in the order.
- Upon receipt of an order that contains smoking accessories, the customer will be asked by the carrier to prove his age.
If the buyer is unable to prove his age, the purchase contract is considered invalid, and the goods are returned to the seller.
VII. DEFECT LIABILITY, WARRANTY
- The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, shall be governed by the applicable generally binding legal regulations in force.
VIII. RIGHTS FROM DEFECTIVE PERFORMANCE
(1) Pursuant to §13 ZOS, the buyer is entitled to exercise the right of defect. If the defect is remediable, the consumer can demand either a repair or addition to what is missing, or a reasonable discount on the price. If the defect cannot be eliminated and the object cannot be used properly for it, the buyer can either withdraw from the contract or demand a reasonable discount on the price.
(2) Whoever has the right according to §1923 NOZ, is entitled to reimbursement of costs expediently incurred in the exercise of this right.
(3) The buyer is entitled to exercise the right from a defect that arises in consumer goods within twenty-four months from receipt.
IX. ACCEPTANCE QUALITY
(1) The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the thing,
(a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those which the seller or the manufacturer has described or expected by the buyer having regard to the nature of the goods and the advertising made by them;
(b) the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
(c) the item corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
(d) the item is in the appropriate quantity, measure or weight; and
(e) the matter complies with the requirements of legal regulations.
(2) If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the time of receipt.
Provisions of § 2165:
(1) The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
(2) If, in accordance with other legal regulations, the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in advertising, the provisions on the quality guarantee shall apply.
Section 2167: Section 2165 does not apply
(a) in the case of an item sold at a lower price for a defect for which a lower price was agreed,
(b) wear and tear of the thing caused by its normal use,
(c) in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer; or
(d) if it follows from the nature of the matter.
Provisions of § 2169:
(1) If the item does not have the properties specified in § 2161, the buyer may also demand the delivery of a new item without defects, unless this is 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 it 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 he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer 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 seek redress within a reasonable time or if arranging a remedy would cause considerable difficulties for the consumer.
Section 2172: “The rights arising from a defect apply to the seller from whom the item was purchased. However, if another person designated for repair is mentioned in the confirmation pursuant to § 2166, who is closer to the place of the seller or at the place of the buyer, the buyer shall exercise the right to repair to the person designated to carry out the repair. The person thus designated for repair shall make the repair within the period agreed between the seller and the buyer when purchasing the item. "
Section 2173: "If the buyer exercises the right from defective performance, the other party shall confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration."
X. EXTRAORDINARY SETTLEMENT OF CONSUMER DISPUTES (ADR)
In the event of a consumer dispute between us and the consumer arising from a purchase or service contract that cannot be resolved by mutual agreement, the consumer may submit an out-of-court settlement of such a dispute to a designated out-of-court consumer dispute resolution body, which is:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
120 00 Praha 2
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
XI. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL MESSAGES
- The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
- The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
- The buyer agrees to the processing of personal data by the seller, for the purpose of exercising the rights and obligations of the purchase contract and for the purpose of sending information and commercial communications to the seller.
- The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
- The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
- Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data. The Buyer declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the Seller by a written notice delivered to the address of the Seller.
- In the event that the buyer considers that the seller or processor is processing his personal data that is contrary to the protection of the private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to the purpose of their processing, it may ask the seller or processor for an explanation or require the seller or processor to remedy the situation thus created.
- If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
- The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer.
XII. FINAL PROVISIONS
- If the relationship related to the use of the website or the legal relationship established by the purchase 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 arising from generally binding legal regulations.
- 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. Changes and additions to the purchase contract or business conditions require a written form.
- The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
- The contracting parties may agree in writing in the purchase contract on their mutual rights and obligations arising from the purchase contract differently than stipulated in these general terms and conditions. In such a case, the provisions contained in the purchase contract take precedence over these general terms and conditions.
- The seller has the right to unilaterally change the wording of these general terms and conditions, while the rights and obligations of the parties are always governed by the general terms and conditions valid and effective at the time of the contractual relationship.
These business conditions take effect on 24.09.2021.