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Terms and conditions

Terms and Conditions

The business conditions below, which are an integral part, apply to purchases in the online store www.kovonastroje.cz. The business conditions define and specify the rights and obligations of the seller (supplier) and buyer (customer). The seller is the operator of the online store Kovonástroje s.r.o., with its registered office in Bohuslavice u Zlína, no. 205, IČO (05967473), C 99255 kept at the Regional Court in Brno

The amount of postage
 is listed in the section "Delivery and payment conditions" (in the foot of our e-shop).

Order
The customer is informed of his order by e-mail immediately after its execution.
 
Legal relations between the seller and the consumer are governed by the following business conditions and further to the extent of these conditions not regulated by Act No. 89/2012 Coll., The Civil Code (hereinafter "Civil Code"), Act No. 634/1992 Coll., on consumer protection and regulations governing the relationship between the seller and the buyer non-entrepreneur.

Legal relations between the seller and the entrepreneur are governed by the following terms and conditions and to the extent of these conditions not regulated by Act No. 513/1993 Coll.
By sending the order, the buyer confirms that he has had the opportunity to familiarize himself with these publicly available business conditions and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before placing the order on the top bar of the home page and also in step 4 before sending the order, and has the opportunity to get acquainted with them, or can request them by e-mail or phone number, which are listed in the "Contact" section.
Conclusion of the purchase contract:

The goods exhibited in this e-shop are considered an invitation to submit an offer to the buyer, the order by the buyer is then considered an offer to enter into a purchase agreement by the buyer. The purchase contract (acceptance by the seller) is concluded when the customer pays the purchase price, ie by paying the sent advance invoice or cash on delivery. Payment of the goods by the customer without a basis (advance invoice) does not mean acceptance of the order by the seller, nor does it lead to the conclusion of a purchase contract.
By this payment, the buyer agrees with the business conditions as amended at the time of sending the binding order and is bound by them at the time of concluding the purchase contract.
The concluded contract and provided personal data are archived by the seller in order to successfully fulfill the contract and this data is not accessible to third non-participating parties with the exception of the carrier (Czech Post, PPL, DPD, etc.). Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described.

Info for customers:
In the meantime, it is possible that the goods you order will be sold directly at the store, or they are already invoiced on another customer's advance invoice - in this case you will be informed immediately after the order is accepted by our staff. Thank you for your understanding.

Prices are subject to change and printing errors reserved. If the price of the product changes, you will be informed by phone or e-mail by our staff.

Ordering options
 
You can order in the following ways:
• Through e-commerce (hereinafter "e-shop")
• By e-mail
• In person
• By phone
 The seller undertakes to duly inform the buyer about the properties of the products sold, the method of use and maintenance of the product. Where necessary due to the nature of the product, the seller shall provide the necessary information in the clear written instructions supplied with the product.
 
Obligations of the buyer
 
The buyer is obliged to provide the seller with the necessary data in the order necessary for the successful fulfillment of the order, ie:
• name, surname and address or business name and registered office of the buyer,
• ID number and VAT number, if he is registered as a VAT payer,
• code and name of goods according to the price list,
• method of collection and transport,
• delivery address (if different from the address of residence),
• any other information that the buyer considers important.
By providing this data, the buyer agrees to the processing of personal data for the purposes of processing the order and related actions (invoicing, shipping ...) - in accordance with Act No. 101/2000 Coll. This personal data will not be passed on to non-participating third parties with the exception of the carrier (Czech Post, PPL, DPD ...).
 
Every order received in this e-shop is binding on the buyer.
Order cancellation is possible within 24 hours of making the order. By e-mail (objednavky@kovonastroje.cz) or by phone (+420 602716471). The seller is not obliged to accept a change in the order at the moment when he has already handed over the goods according to the original order to the carrier, or has already modified the goods at the customer's request.
 In the event that the buyer cancels the order within the above period, but has already somehow transferred the financial amount to the seller's account (eg by transfer from the account), the seller is obliged to return this amount. If the buyer wants to cancel his order later, this will be done only by mutual agreement.

Rejection, non-collection of the shipment by the buyer
If the customer refuses to accept the properly sent consignment or does not take it over from the carrier within the collection period without canceling the order within 24 hours of its making, the seller is entitled to reimbursement of reasonable costs of transport by the buyer.
These costs correspond to the amount of costs depending on the chosen mode of transport when ordering. The buyer is obliged to pay the required amount to the seller's account within 7 days of receiving the request for payment.

In the event that the buyer is interested in resending despite the shipment, the shipment will be resent, but only after the costs for the unaccepted / uncollected shipment have been paid.
 
Withdrawal from the contract
If you are a consumer, ie a person purchasing the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with the provisions of §1829 of the Civil Code. You may withdraw from the Agreement in any provable manner. However, as part of a quick settlement, we would like to request an e-mail contact to objednavky@kovonastroje.cz and then we will agree on the next step. When withdrawing from the contract, please provide all the necessary information so that we can identify the customer and the specific goods (preferably by order number or invoice).
In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to Us or prove that it has been sent back to Us. Please return the goods to us clean, if possible including the original packaging.
In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. On the other hand, you are entitled to a refund of the Price for transport, but only in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered for the delivery of the Goods.
You are liable to us for damage in cases where the Goods will be damaged as a result of your handling of them in a way other than the need to handle them with regard to its nature and properties. In such a case, we will bill you for the damage caused after the Goods are returned to Us and the due amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons based on the nature of the Goods). We may also withdraw from the Agreement if it is clear that you have provided intentionally incorrect information in the Order. In the event that you purchase goods within the scope of your business activities, ie as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
This only applies to consumers, in the case of entrepreneurs you can request a refund.


Guarantee
The warranty on the goods is 24 months for consumers, 12 months for companies and sole traders shopping with ID / VAT number.

Complaint
In the event that the Goods have a defect, especially if any of the conditions under Article 7.1 are not met, you can notify us of such a defect and exercise the rights arising from the defective performance (ie claim the Goods), preferably by sending an e-mail to orders @ kovonastroje .cz, by letter, or in person at the store at Masarykova 1107, 763 02 Zlín - Malenovice
In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect. We will handle the complaint in accordance with the right you have exercised from the defective performance.
1) If the defective performance is a material breach of the Contract, you have the following rights:
• a) to eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods;
• b) to eliminate the defect by repairing the Goods;
• c) a reasonable discount from the Price;
• d) withdrawal from the Contract.
If you choose a solution according to points a) or b) and We do not eliminate the defect within the reasonable period we have stated, or we inform you that we will not eliminate the defect at all in this way, you have the rights under points c) and d), even if you originally not requested in the complaint. At the same time, if you choose to rectify the defect by repairing the Goods and we find that the defect is irreparable, we will notify you and you can choose another method of rectifying the defect.
2) If the defective performance is a minor breach of the Contract, you have the following rights:
• a) to eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods;
• b) to eliminate the defect by repairing the Goods;
• c) at a reasonable discount from the Price.
However, if we do not eliminate the defect in time or refuse to eliminate the defect, you have the right to withdraw from the Agreement. You may also withdraw if you are unable to use the Goods properly due to the recurrence of defects after the repair of the Goods or in the event of a large number of defects of the Goods.
3) In the event of a material or non-material breach, you may not withdraw from the Contract or request delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
• a) if the condition of the Goods has changed as a result of an inspection in order to detect a defect;
• b) if the Goods were used before the defect was discovered;
• c) if the impossibility of returning the Goods in an unaltered state was not caused by your actions or your omissions,
• d) if the Goods were sold, consumed or altered in their normal use prior to the discovery of the defect; however, if this has only occurred in part, it is your responsibility to return the part of the Goods that may be returned to you, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of part of the Goods.
4) We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by mutual agreement. If the period expires in vain, you can withdraw from the Agreement.
5) We will inform you by e-mail, telephone or in person about the settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of expediently incurred costs. You are obliged to prove these costs, eg by receipts or receipts for the price of transport. In the event that the defect has been eliminated by delivery of new Goods, it is your duty to return the original Goods to Us, but we will bear the cost of such return.
6) If you are an entrepreneur, it is your duty to report and reprimand the defect without undue delay after you have been able to find it, but no later than within three days of receipt of the Goods.
7) If you are a consumer, you have the right to exercise the rights arising from defective performance in the event of a defect that occurs in the consumer Goods within 24 months of receipt of the Goods.
8) The provisions on the right of defects do not apply in the case of:
• a) Goods that are sold at a lower Price, for a defect for which a lower Price has been agreed;
• b) wear and tear of the Goods caused by their normal use;
• c) used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when you took them over;
• d) when it follows from the nature of the Goods.

CONSUMER DISPUTE RESOLUTION
 
In relation to buyers, we are not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
We handle consumer complaints via the electronic address objednavky@kovonastroje.cz. We will send information about the settlement of the complaint to the buyer's e-mail address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes under the Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a consumer buyer from a purchase contract concluded by electronic means.
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).

Final provision
 The valid business conditions are available at personal collection and on the website, and every buyer has the opportunity to familiarize themselves with them. The seller is entitled to supplement or change the business conditions in connection with a change in applicable law and in connection with a change in the market of goods offered by the seller.
Business conditions in this wording take effect 17.4. 2019 and abolishes the previous business conditions in full.