These Terms and Conditions (GTC) govern the relationship between the buyer and seller in the sale of goods and services between Tomas Funda, DiS. (Hereinafter referred to as "Seller") and consumers (hereinafter "Purchaser"). Buyer is advised to read the Terms and Conditions and complaint procedure before ordering goods.
I. Basic Provisions
Tomas Funda, DiS.
Buyer is aware that the purchase of products that are in the offer from the seller - buyer has no right to use registered trademarks, trade names, logos or sellers´ patents (or other companies), unless by a special agreement stipulates otherwise.
The buyer at the opening of trade relations transmits only the seller's contact data necessary for the smooth execution of orders, or information that wants to be listed on the purchase documents. The legal relations of the seller and the consumer not specified in these Terms and Conditions are governed by the relevant provisions of the Act. no. 40/1964 Coll., the Civil Code, as well as related regulations.
Individual contract between the seller and the buyer is superior trading conditions.
II. The ordering
Order goods and services is done through electronic orders to www.messgear.cz/shop (hereinafter referred to as "e-shop").
You can order 24 hours a day, 7 days a week.
Preparations for the expedition indicates the time required for completion of all formalities in relation to the transfer of the ordered goods to the carrier selected by the buyer.
Expedition (the ordered goods) then means handing over the ordered goods by the seller to the carrier.
All orders placed via the internet shop www.messgear.cz/shop are binding. By submitting an order, the buyer confirms that he is familiar with these terms and conditions and agree with them.
The order is a purchase contract. The purchase contract shall arise upon confirmation.
The electronic order is putting all of the following information about the buyer: name, phone, email, mailing address, shipping method, payment method, the contents of your cart.
Title to the goods passes to the Buyer at the time of acceptance and payment of the purchase price.
Seller reserves the right to cancel the order or part thereof prior to the conclusion of the purchase contract if:
the goods are no longer produced significantly increased the price of the supplier of the goods in In the event that this happens, the seller undertakes to immediately contact the buyer to agree on further action.
In the event that the Buyer has paid a part or the whole amount of the purchase price, this amount will be credited back to the account or address.
The buyer will get the goods at the price valid at the time of ordering. In the event that this is a special order for goods, or goods that are not in stock, the seller will confirm in advance by phone / e-mail the price and delivery date. This is the price the seller is entitled to change due to the current market situation and depending on the exchange rate CZK to foreign currencies. If the buyer does not agree with that change, the order is confirmed and this is not realized.
III. terms of Delivery
Upon delivery of the purchased goods, the Seller agrees to issue an invoice with all the necessary formalities accounting document.
Seller shall prepare stock for dispatch within 24 hours of receipt of electronic orders, else the specified delivery period required items. In the case of payment by transfer, the goods are dispatched after receipt of such payment to the Seller's account (if in stock, otherwise according to the specified delivery times relevant items).
If the selected items longer delivery time due to the exclusivity of the product, the Seller will contact the Buyer immediately.
Goods are delivered by Buyer according to the selected method in Internet ordering, delivery methods are:
- Personal collection
- Delivery Czech post
The place of delivery is the delivery address given by the purchaser in the electronic order.
Goods can be picked up in person after the contractual agreement (e-mail, phone) on weekdays. It is possible to agree on a different time of the transfer.
Opening hours for personal consumption: Monday - Thursday: 9:00 - 17:00, Friday 9:00 a.m. to 2:00 p.m. Telephone: 725 037 649 Terms of the personal collection of goods is cash.
Delivery by Czech mail (Carrier)
In case the buyer is not found at the address notified of the shipment (shipment will be stored in the relevant branch Carrier for seven days). In case you do not collect the shipment at the date the shipment is returned to the Seller. For redelivery charges Seller charges at the same rate.
Shipping Carrier through this usually takes 2 working days (from shipping goods ordered) under standard conditions of carriage.
We ask the Buyer to check the status of the shipment carrier in the presence (number of parcels, the integrity of the tape with company logo, damaged box) according to the waybill and in the event of damage to the shipment of a complaint directly with the carrier. The carrier then writes a report about the addressee or defect and the parcel will be delivered back to the sender. The buyer is entitled to refuse to accept the shipment, which is not in conformity with the contract that it is the consignment. Incomplete or damaged. If the damaged shipment from the carrier the buyer, it is necessary to describe the damage in the transmission carrier.
Incomplete or damaged shipment must be reported immediately by e-mail to firstname.lastname@example.org, write a damage report with the shipping and this without undue delay, send e-mail, or by mail to the seller. Additional incompleteness, or external damage to the consignment gives the seller the opportunity to prove that there is no conflict with the contract.
Payment in cash upon personal collection cash on delivery (takes cash from the customer carrier)
Fees and other costs
All prices are negotiable. The e-shop are always up to date and current prices.
Fees delivery (in CZK VAT incl.)
form of delivery
Price incl. VAT
Cash on Delivery incl. VAT
If you order goods worth 5000, - and more, the delivery charge. Handling or other fees are not charged.
This price list is valid for the territory of the Czech Republic, for other countries the shipping price according to the current pricelist carrier.
IV. Withdrawal from contract
In accordance with § 53 of Act no. 40/1964. the buyer has the right to withdraw from the contract without giving any reason within 14 days of receipt. We recommend that you withdraw from the contract in writing.
If the decision is for the buyer withdraw at this time, it must meet the following conditions:
Goods delivered to the address of the seller with the number of purchase document. Goods dispatched and delivered to the address of the seller, must be undamaged, complete with accessories and all documents and any gifts received with the product. In the case of returning damaged or incomplete goods will be refunded the purchase price decreased by the appropriate section. Do not send cash on delivery - will not be taken. We recommend that you insure the goods. In the event that any of these requirements, the seller has the right to refuse the returned goods or relatively reduce the amount for which the goods will be taken back. Possibility of withdrawal shall not apply to I) the supply of goods or services whose price depends on fluctuations of financial markets beyond the control of the seller, II) the supply of goods made to the buyer's request, III) for the supply of consumer goods and other goods for which use is consumed part of its value and can not be returned to its original state prior to purchase. Seller agrees to reimburse the buyer the purchase price within thirty days of withdrawal to a bank account that the buyer is obliged to establish. If no buyer has been unable to return the goods in original condition or its value has been reduced (was partially consumed or worn goods), the buyer is obliged to missing value under § 458 paragraph. 1 of the Civil Code. the Act. replace the money - in practice this is done by offsetting the seller to refund the purchase price that is paid therefore by consumers at a reduced cost.
V. Complaints procedure
Claims will be handled in accordance with the claims of the Seller and the law in force in the country.
Goods can complain to the seller under the terms of the claims procedure.
The buyer is obliged to be familiar with the Complaints Procedure and the General Terms and Conditions before ordering goods. By taking the goods from the seller agrees to the following complaints procedure. As a proof of guarantee issued by Seller to each item purchased document - invoice with all the essentials of accounting documents and other necessary data for the application of safeguards (item name, date, price, quantity, order number).
Duration of warranty
The warranty period begins on the date of receipt of the goods by the buyer, ie. The date shown on the purchase receipt. The statutory warranty period is generally 24 months.
Claim is submitted after the warranty period stated above seller will accept.
Within the statutory warranty period, claims are governed by the Civil Code No. 40/1964 Coll. §619-627 with regard to this Warranty Claim Procedure. For an extended period, claims are governed exclusively by these Rules.
Warranty terms for goods is governed by Sellers and the applicable laws of the Republic. Serves as the warranty proof of purchase. We ask the buyer to check the mail carrier in the presence and in the event of damage to the shipment of a complaint directly with the carrier. The carrier then writes a report about the addressee or defect and the parcel will be delivered back to the sender. The buyer is entitled to refuse to accept the shipment, which is not in conformity with the contract that it is the consignment. Incomplete or damaged. If the damaged shipment from the carrier the buyer, it is necessary to describe the damage in the transmission carrier.
Incomplete or damaged shipment must be reported immediately by e-mail to: (email@example.com), write a damage report with the shipping and this without undue delay, send e-mail, or by mail to the seller. Additional incompleteness, or external damage to the consignment gives the seller the opportunity to prove that there is no conflict with the contract.
Buyers can claim the defective goods to send delivery service to the address of the establishment. The package should be clearly marked "COMPLAINT" and contain the claimed goods (including all accessories), we enclose a copy of your receipt, a detailed description of the defect and the buyer sufficient contact details (return address, telephone number.). Without the above, it is impossible to identify the origin and defects of the goods. Buyer proves the warranty submitting the bill when it was in the past claimed goods, also demonstrate a proof of claim. On the Acquisition document (shopping or complaint document) must be of the same order number.
The warranty does not cover damage caused by:
careless, inappropriate or violent mechanical treatment use of goods under conditions that do not correspond to temperature, dust, humidity, if it is intended by the manufacturer goods have been damaged by excessive load or use contrary to the conditions specified in the documentation or general principles goods damaged by natural disaster or force majeure Goods abandoned the claim will be tested only on the defect in writing given by the buyer (the claim form in the attached document with the description of the problem). If it is found that the cause of the problem is not the claimed product, but improper handling of the buyer, the complaint will be dismissed. In the event that the buyer agrees to pay the repair will be charged according to the current valid price list. The seller is responsible for hidden defects that occur during a takeover Buyer during the warranty period.
Method of claim settlement
In the event that the matter on receipt by the buyer is not in conformity with the contract (hereinafter referred to conflict with the contract), the buyer has the right to the seller free of charge and without undue delay, put the state corresponding purchase contract, and according to the buyer either exchanging or repairing. If such a procedure is not possible, the buyer may demand an appropriate reduction of the price or withdraw from the contract. This does not apply if the buyer for breach of contract knew or conflict with the contract he has caused. Conflict with the contract, which will take effect within six months from the date of receipt of the goods shall be deemed to have already existed in its takeover if it does not matter or if it is proven otherwise.
If it is a defect that can be removed, the buyer has the right to be free, timely and properly removed, and the seller is obliged to defect without undue delay to eliminate. If this is not due to the disproportionate nature of the defect, the buyer may require the replacement of things, concerns or if the defect only part of the replacement parts. If such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. If you can not discount later this defect claim.
If it is a defect that can not be removed and which prevents a thing could be properly used as a thing without defects, the buyer has the right to exchange things or has the right to cancel the contract. The same rights for the purchaser, if the defects can be removed but the buyer can not for the repeated occurrence of the defect or to a larger number of defects properly use the thing. In the case of other irremovable defects and required to exchange things, the buyer is entitled to a reasonable discount on the price or to cancel the contract. Complaints selling goods handled without undue delay, up to 30 days from the date following the application of the buyer.
After processing legitimate claims, the warranty period is extended by the duration of the claim. In case of unjustified complaints extend the warranty period. If the claim was settled in exchange, is another potential claim considered the first claim the goods. (Duration of complaints is counted from the day following the day of receipt of the complaint. Not to pick buyer! O processing, the customer is informed by e-mail that stated at purchase.)
After settling the claim of the seller notifies the Buyer by phone, SMS or e-mail. If the goods were sent by delivery service, the execution will be automatically sent to the address of the buyer. In case of failure to collect the goods claimed within 60 days from the date of filing of the complaint, the seller, according §656 Civil Code, is entitled to charge the dispensing of claim amount for storage. This fee is 10 CZK / day in the case of goods over 5 kg 20 CZK / day.
VI. Data security and protection
The seller is obliged to use the personal data of buyers in accordance with the relevant provisions of the Act no. 101/2000 Coll., On the protection of personal data.
Seller declares that all personal information is confidential and will be used only for the execution of the contract with the buyer and will not be otherwise disclosed to any third party, etc.. Except in situations related to the distribution or payment relating to the goods ordered (use of name and shipping address).
The buyer is obliged to immediately notify the provider of any changes in their identification, billing and contact details which might affect the fulfillment of the contract.
VII. Final provisions
These Terms and Conditions are valid from July 1, 2011 Seller reserves the right to change these Terms and Conditions without prior notice.
In the "Seller" approved (Tomas Funda. DiS.) Prepared in accordance with the Civil Code. No. 40/1964 Coll.