General terms and conditions for retail
These general terms and conditions (hereinafter referred to as „Terms and Conditions“) apply to contracts concluded through an online store idvirka.cz located on the web interface https://idvirka.cz (hereinafter „Web interface“) among our company:
Insega, s.r.o., based Průmyslová 374, 664 24 Drásov, IČ: 25316737
registered in the Commercial Register kept by the Regional Court in Brno, section C, insert 68488
Postal address: Insega, s.r.o., Průmyslová 374, 664 24 Drásov
Telephone number: +420 777 717222, +420 777 717221
Contact e-mail: info@insega.cz, kartous@insega.cz, slezak@insega.cz
like seller
and you as buyer
1. INTRODUCTORY PROVISIONS
By the purchase contract, we undertake to deliver the goods specified in the order to you, and you undertake take over these goods (either in person or from the carrier) and pay us the purchase price stated in order. Purchase price (or just „price“) includes costs associated with the delivery of goods and any fees related to the chosen method of payment. The amount of these costs you always will be communicated before the binding sending of the order. You acquire ownership of the goods by paying the full purchase price, but not before the goods you take over.
1. Does the purchase contract only apply to the goods?
Like purchase contract (or just „contract“) refers here to any contract concluded according to these terms and conditions. It can therefore be, for example, a contract for the provision of services.
2. Is the purchase agreement a consumer agreement?
It is a consumer contract if you are a consumer, ie if you are a natural one you buy a person and goods outside the scope of your business or outside the scope independent exercise of their profession. Otherwise, a consumer contract does not act, so you are not covered by consumer protection under the law and these terms and conditions - therefore, these terms and conditions do not apply, but the General Terms and Conditions conditions for wholesale.
3. What are your special rights as a consumer?
As a consumer, you have above all:
• The right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or an online store (Article 5 of these Terms and Conditions).
• Warranty claim for unused consumer goods for a period of 24 months (application of the warranty is governed by the Complaints Procedure).
• The right to communicate information before concluding the contract (information is contained in these terms and conditions or on the web interface).
4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
• These terms and conditions, which define and clarify our mutual rights and obligations.
• Complaints procedure, according to which we will proceed when claiming goods.
• Terms of use of the web interface, which regulate registration on the web interface, protection of your personal data, protection of the content of the web interface and some other relations related to the use of the web interface.
• Terms and conditions specified on the web interface, especially when concluding the contract.
• By the order and its acceptance by us,
and in matters not covered by the following legislation:
• Act no. 89/2012 Sb., Civil Code, as amended, hereinafter referred to as „Civil Code“).
• Act no. 634/1992 Sb., on consumer protection, as amended (only if you are a consumer).
If your residence or registered office is located outside the Czech Republic, or if our legal The relationship contains another international element, you acknowledge that our relationship governed by Czech rightly. If you are a consumer and the law of your country of residence provides a higher rate consumer protection than the Czech legal system, this higher is provided to you in legal relations degree of protection.
5. How do you agree to the terms and conditions?
By sending the order and also by confirming in the web interface, you confirm that you are with you have read and agree to these terms and conditions.
We may change or supplement the wording of the terms and conditions. Your rights and obligations are always governed the wording of the terms and conditions under which they arose.
2. PURCHASE CONTRACT
1. How do we conclude a purchase agreement?
The web interface contains a list of goods, including a description of the main features of each items. The price of each item includes all taxes, duties and fees. Presentation The goods are of an informative nature, and are not our proposal to enter into a contract in sense § 1732 paragraph 2 of the Civil Code. To conclude a contract you need to sent the order, and to receive this order from us.
2. How to place an order?
You can always place an order via the web interface (by filling out the form), possibly also by phone, e-mail or in any other way that according to current information listed on the web interface.
The order must contain all the information prescribed in the form, especially accurate designation of the ordered goods (or numerical designation of the goods), number of pieces, selected method payments and shipping and your contact details (delivery and possibly invoicing).
Before the binding sending of the order, you will be informed of the recapitulation of the order, inclusive final prices (depending on the chosen method of transport and payment). We recommend check in particular the type and quantity of goods, e-mail and delivery address. Within recapitulation you have the last opportunity to change the entered data.
You place a binding order by pressing the button „Order“. Data given in the binding we consider the order to be correct and complete. Let us know about their change immediately by phone or e-mail.
We will inform you about the receipt of the order. Receipt information (confirmation) the order is sent automatically and it is not an acceptance of the order by us, unless explicitly stated in the confirmation.
If we have doubts about the authenticity and seriousness of the order, we can contact you for for the purpose of its verification. We may reject an unverified order. For such an order then she looks as if she has not been filed.
3. So when is the contract concluded?
The purchase contract is concluded when you receive the order from our side. Receipt of the order will be sent to the e-mail address you provided in order. If the order is not accepted, the contract is concluded when you pay the full purchase price or take over the ordered goods (whichever comes first). Acceptance of the order (acceptance) can be part of the information on receiving the order according to the article 2.2 of these conditions (if explicitly stated in the confirmation), or may after this confirmation to follow separately.
Information on the individual technical steps leading to the conclusion of the contract can be seen from the web interface.
4. Can you cancel an order that has already been sent?
An order that we have not yet received (ie you have not been sent an order from our parties pursuant to Article 2.3 of these Terms and Conditions), you may cancel by telephone or email. All orders received by us are binding. The order is canceled later possible only in agreement with us. If the order of the goods in respect of which If you do not withdraw from the contract (in more detail in Article 5), we are entitled to reimbursement of costs we have already spent in connection with the contract.
5. Can the price listed on the web interface change?
The prices of the presented goods and the prices for packaging, transport and delivery remain valid for the period when they are displayed in the web interface. Any discounts on the price of goods can not be mutually combine, unless the web interface explicitly states otherwise.
In the event that there is a clear technical error on our part in stating the price of the goods in web interface or during ordering, we are not obliged to deliver the goods to you for this obviously wrong price, even if you have been sent an acceptance of the order according to these terms and conditions. In this case, we reserve the right to withdraw from contracts.
If the price listed for the goods is no longer in the web interface or during ordering current, we will notify you of this immediately. If yours has not yet been accepted orders, we are not obliged to enter into a contract.
Sent orders are not affected by the price change that occurred in the meantime by sending the order and its acceptance by us in accordance with Article 2.3 of these business conditions.
6. Do you have the opportunity to obtain a contract in text form?
The contract is not concluded in writing with the signatures of the contracting parties. The contract consists of these business conditions, your order and its acceptance by us. The entire contract will be sent to you by e-mail or printed by post at your request. When sending by mail, we may ask you to reimbursement of related costs.
7. What if you don't understand something in the contract?
If you have a question about the business conditions or the contract, you can contact us by telephone or e-mail. We will be happy to provide you with all the necessary information.
8. In which languages can the contract be concluded?
The contract can be concluded in the Czech language, English language, German language, Slovak language, unless we expressly agree on another language.
9. Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
3. PAYMENT TERMS
1. What payment methods do we accept?
You can pay the purchase price in the following ways:
• in cash upon delivery of the goods by us or upon sending the goods on delivery
• in cash at the personal collection of goods
• cashless before delivery of goods by transfer to our bank account (instructions will be given to you in the order confirmation)
• cashless before delivery of goods payment by card
• combination of cashless and cash payments
Any other payment methods are listed on the web interface.
Some payment methods (especially cash on delivery) may incur additional charges. These charges are listed on the web interface. The final price will always be stated in the order includes fees related to the chosen method of payment.
If the method of payment does not suit the method of transport, we can change it after agreement.
2. When does the purchase price become due?
In the case of payment in cash and in the case of non-cash payment for personal collection of goods, the price payable on receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receiving the order according to Article 2.3. Your obligation to pay the price is cashless payment is fulfilled when the relevant amount is credited to our bank account.
3. In what currency can you pay?
Payment for goods is possible in Czech crowns (CZK).
4. When can we request a deposit or prepayment?
We require a deposit for the purchase price for each order.
We are also entitled to ask you for payment of the full price of the goods before dispatch or by handing over (§ 2119 paragraph 1 of the Civil Code shall not apply).
4. TERMS OF DELIVERY
1. How do we send goods?
The methods of delivery of goods are listed on the web interface. Specific method of delivery of goods you can choose in the order. If you do not choose any mode of transport, we can determine it.
2. What are the costs of delivery of goods?
The cost of delivery of goods always depends on the size and nature of the goods and the price list chosen carrier. The current costs of delivery of goods are listed on the web interface.
The final price will always be stated in the order, which already includes the costs of the chosen mode of transport.
3. When will we deliver the goods to you?
The delivery time of the goods always depends on its availability and on the chosen method of transport and payment.
We usually ship goods that are in stock within 7 working days of receiving the order (at delivery of goods by us, when sending goods cash on delivery or personal collection), or from crediting the payment to our account (in case of non-cash payment before delivery of the goods).
Goods that are not in stock or goods that are adjusted to your wishes (custom goods), we ship as soon as possible. We will inform you about the exact date. Approximate shipping times are listed on the web interface.
Please note that we cannot deliver the goods by external carriers affect. Any complaints regarding the delivery time must be resolved directly with the carrier.
Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you delivered. If you unreasonably refuse to accept the goods, this fact shall not be considered as failure of us to deliver the goods, or for withdrawal from the contract by you.
4. How to proceed when taking over the goods?
Upon receipt of the goods, check the integrity of the packaging of the goods. If you find shortcomings, inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal of the goods.
By signing the delivery note (or other similar document), you confirm that the packaging of the shipment was not violated. Complaints about the goods due to violation of the package of the consignment are no longer possible in such a case.
The moment you take over the goods (or the moment you were obliged to take over the goods, but you have not done so in breach of the contract), liability for accidental destruction passes to you, damage or loss of goods.
5. What happens if you do not take over the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or other than agreed in a way that you are obliged to pay the costs associated with such delivery.
In the event that you do not take over the goods without reason, we are entitled to reimbursement of costs associated with the delivery of goods and their storage, as well as other costs that we due to non-acceptance of the goods. These costs will not exceed CZK 10 for each day of duration storage. Storage costs can reach a maximum total of CZK 500 or the purchase price if it is lower than CZK 500.
In such a case, we also have the right to withdraw from the contract.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. How can you withdraw from the contract?
You can withdraw from the purchase agreement within 14 days from the date of receipt of the goods, if delivery divided into several parts, from the date of receipt of the last delivery. Notice of withdrawal from We recommend sending the purchase agreement to our delivery address or e-mail. To withdraw from A sample form can be used for the contract. We will confirm receipt of the notification to you without undue delay.
You do not have to justify any withdrawal from the contract.
2. What are the consequences of withdrawing from the contract?
Withdrawal from the contract terminates the contract from the beginning and treats it as if it had not been concluded.
3. When is it not possible to withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from the following contracts, among others:
• about the delivery of goods that have been modified or manufactured according to your wishes or for your person
• on the delivery of goods which have been irretrievably mixed with other goods after delivery
4. How do you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address or to the address of our registered office. Do not send the goods cash on delivery. We are not obliged to accept goods sent by cash on delivery.
Returned goods must be undamaged, unworn and uncontaminated and, if possible, in their original packaging.
We recommend attaching the returned goods:
• a copy of the delivery note and tax document - invoices, if these documents were issued, or another document proving the purchase of goods
• written statement on withdrawal from the contract (on our form or otherwise) and the chosen method of refund (transfer to the account, personal receipt of cash or postal order or otherwise). Indicate the delivery address, telephone and email in the statement.
Failure to submit any of the above documents does not prevent the positive settlement of your withdrawal from the contract according to the legal conditions.
5. When will you get your money back?
We will return all received funds to you within 14 days of withdrawing from the contract. Berte However, please note that we are not obliged to refund you before you return the goods to us or prove that you have sent us the goods.
In addition to the purchase price, you are also entitled to a refund of the cost of delivery of goods to you. However, if you are have chosen a method of delivery other than the cheapest one we offer, we will refund you the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
We will refund your money:
• in the same way as we received them, or
• in the way you require
In addition to the above methods, we can always return the money by sending it to you bank account or account from which the funds were transferred to pay the purchase price (if you will not notify us within ten days of withdrawing from the contract). By accepting these business conditions, you express your consent to the sending of funds according to the previous sentence for provided that you do not incur any additional costs in this way.
The costs associated with sending the returned goods to our address are borne by you, including if the goods cannot be returned by ordinary mail by their nature.
6. What if the returned goods were damaged?
When sending, pack the goods in a suitable package so that it is not damaged or destroyed. For goods substantially damaged or destroyed during transport due to the use of unsuitable packaging cannot be return the purchase price and the cost of delivery of the goods (or the part thereof corresponding to the damage incurred).
If we find that the goods returned by you are damaged, worn, dirty or partially consumed, we are entitled to compensation from you. Claim for damages we may unilaterally set off against your claim for a refund of the purchase price and costs delivery of goods, ie the amount reduced by the damage will be returned to you.
7. When can we withdraw from the purchase agreement?
We reserve the right to withdraw from the contract in the following cases:
• due to a technical error, a clearly incorrect price of the goods was stated on the web interface (Article 2.5 of these Terms and Conditions)
• goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) it is not possible to deliver under the original conditions
• performance becomes objectively impossible or illegal.
In the event that any of the above occurred, we will notify you of your resignation inform from the contract without delay. Withdrawal is effective against you the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will refund the amount received cashless to an account that you provide to us for this purpose or from which you have made a payment. We will return the money within five days of withdrawing from the purchase agreement.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
When exercising the rights arising from defective performance, we will proceed in accordance with our Complaints order. Before sending a complaint, read the Complaints Procedure thoroughly so that it can be complaints settled as soon as possible and to your satisfaction.
7. FINAL PROVISIONS
1. What authority do we have to carry out our activities and who controls us?
We are authorized to sell goods on the basis of a trade license. Our activities are not subject to any other permit.
The trade license inspection is performed by the relevant trade licensing office within its competence. Control compliance with legislation on technical requirements for goods and safety of goods carried out by the Czech Trade Inspection Authority (http://www.coi.cz/). The Czech Trade Inspection Authority also performs monitoring compliance with consumer protection rules. Consumers' rights are also protected by their interests associations and other entities for their protection.
2. How do we handle complaints?
We handle any complaints via our contact e-mail. You can also contact the entities referred to in Article 7.1. We are not bound by our customers we do not comply with any codes of conduct.
3. What else should you know?
When concluding the contract, means of distance communication (especially the Internet) are used. Costs incurred in using means of distance communication (especially Internet costs) connection or phone calls) you pay for yourself. These costs do not differ from the normal rate.
Unless otherwise agreed, all correspondence relating to the contract between us takes place in writing, either by e-mail, registered mail or personal delivery. On our part, we will deliver to the e-mail address specified in the order or in your user account.
In the event that any provision of these Terms and Conditions is invalid, ineffective or inapplicable (or becomes so), the provision which applies to it shall apply instead most closely resembles an invalid, ineffective or inapplicable provision. Invalidity, the ineffectiveness or inapplicability of one provision shall not affect the validity of the others provision. The contract (including business conditions) can only be amended or supplemented in writing.
These business conditions are valid and effective from April 1, 2022