Terms and conditions
These terms and conditions apply to purchases in online stores operated by POLPUR, spol.s r.o. from 1.1. 2014.
The conditions specify and clarify the rights and obligations of the Seller, which is the company
POLPUR, spol.s r.o., based Kudrnáčova 1287, 51101 Turnov, ID 15043568, incorporated in Section C, insert 427 Registration Court in Hradec Kralove and Buyer (Customer, Consumer).
All contractual relations are concluded in accordance with Czech law.
The Seller is a company POLPUR, spol.s r.o., based Kudrnáčova 1287, 51101 Turnov; ID: 15043568, registered in the Commercial Register of the Regional Court in Hradec Kralove, Section C, File No. 427. POLPUR, spol.s r.o. is a person who at the conclusion of the contract acts within their business or other activities. It is an enterpreneur who, directly or through other business supplies Buyer with products or services.
Customer is our online store Buyer. Current legislation distinguishes Buyer who is a Consumer and Buyer, not Consumer.
Buyer Consumer or a Consumer is every person who outside his business or outside the independent exercise of their profession enters into a contract with a contractor or otherwise acts.
The Buyer, not Consumer, is an entrepreneur. For an entrepreneur there is also considered every person who enters into a contract related to its own business, manufacturing or similar activities, or if a separate exercise of their profession, or a person acting for or on behalf of the entrepreneur.
If the Buyer is a Consumer, location of the offered goods on the site by the supplier is considered for proposal to conclude a purchase contract (bid), sending an order by the Purchaser-Consumer and its acceptance by supplier is considered as a purchase contract. Supplier immediately confirm this acceptance to the Buyer by an informative e-mail to given e-mail address, however, this confirmation does not affect the contract formation. Resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or based on legal grounds.
Before sending the order to the Seller, the Buyer is allowed to check and modify data inserted into the order, even considering the option of the Buyer to detect and correct errors during data entry into the order. The Buyer sends the order by clicking on "Send order".
If the Buyer is not a Consumer, a sent order is considered as a proposal to conclude a purchase contract and the actual purchase contract is concluded at the moment of delivery of a firm agreement of the Seller to the Buyer's proposal.
By concluding the purchase contract the Buyer confirms that he is familiar with these terms and conditions, including claims procedure, and agrees with them. Buyer is notified of these business terms and regulations adequately prior to carrying out orders and he/she has the opportunity to become acquainted with them.
The period for settlement of claims is suspended if the Seller has not received all the documents necessary for handling complaints (parts of goods, other documents, etc.). The Seller is obliged to require additional documentation from the Buyer in the shortest possible time. The period is suspended from that date until delivery of the required documents by the Buyer.
The Seller among other things, reserves the right to cancel the order or its part before concluding a purchase contract, based on agreement with the Buyer, in the following cases: goods has not been produced or delivered any more or prices of supplier have altered significantly. In the case that the Buyer has paid part or the whole amount of the purchase price, this amount will be transferred back to his account or address, and conclusion of purchase contract does not occur.
For gifts that are completely free of charge, no right of Consumer can be claimed. Such goods meet the conditions of the donation agreement and all standards under applicable legislation of the Czech Republic.
The Consumer´s right of withdrawal from the contract
If the purchase contract is concluded by means of distance communication (the Internet), the Consumer has in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract without giving any reason within 14 days of receipt of goods (if the contract of sale is several kinds of goods or supply of several parts, this period runs from the date of receipt of the last supplies). Withdrawal from the contract must be sent to Seller within the period laid out in the previous sentence.
In the case that a Consumer wants according the preceding paragraph withdraw from the contract within 14 days, he contacts the Seller and preferably in writing he states, that it was withdrawing from the contract, ideally stating the order number, purchase date and account number for a refund. Note: The money can be returned also in cash at the company headquarters or at any of the establishments.
In the case that the Purchaser withdraws from the contract according to previous paragraphs, the Seller will return money received from the Purchaser (except an amount representing additional costs for delivery of goods caused by the Buyer´s chosen method of delivery of the goods, which is different than the least expensive type of standard delivery of goods offered by the Seller) to 14 days from the withdrawal from the purchase contract by the Buyer, in the same way as the Seller accepted it from the Buyer unless the Buyer specifies otherwise. The Seller is also entitled to return money at the time of returning the goods or otherwise, if the Buyer agrees and it does not create additional costs to him. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns goods to him or prove that the goods have been sent to the Seller.
The provisions of the withdrawal within 14 days can not be seen as an opportunity to borrow free goods. Consumers in the case of using the right of withdrawal within 14 days of receipt of benefits, must give back to the Seller within 14 days of the withdrawal everything gained under a contract . If it is not quite possible (eg. In the meantime the goods are destroyed or consumed), the Consumer must provide monetary compensation in return, what can no longer be given back. If returned goods is only partially damaged, the Seller may apply to the Consumer the right to compensation and set it against his claim for refund of the purchase price. The Seller is in this case required to prove the damage incurred. The Seller in this case returns to the Consumer only the purchase price lowered this way.
While refunding the purchase price to the Buyer, the Seller may offset his direct cost of returning the goods.
The Consumer does not have the right of withdrawal in accordance with § 1837 of the Civil Code particularly in respect of contracts regarding:
• the provision of services if they were provided with his prior explicit consent before a deadline for withdrawal and Seller told consumers before entering into a contract that in such a case he has not the right to withdraw from the contract,
• the supply of goods or services whose price depends on fluctuations of financial market beyond the control of the entrepreneur and which may occur during the period for withdrawal,
• the supply of goods, which has been modified as desired by the Consumer or to his person,
• the supply of goods subject to rapid deterioration, as well as goods which after delivery irrevocably mixed with other goods,
• repair or maintenance carried out at a place determined by the Consumer's request; However, this does not apply in the case of a subsequent provision other than the requested repairs or delivery of other than the requested spare parts,
• the supply of sealed goods which the Consumer unsealed and it is not possible to return due to hygienic reasons,
• concluded at a public auction in accordance with the law governing public auctions.
The Seller reserves right to cancel orders for goods bearing the term "currently unavailable" if the item is no longer available or cannot be replaced with another model or if the price has changed significantly and the Customer does not accept this prior to the formation of the purchase agreement. The Seller informes Customer about this situation. If a part or the entire order has been paid, the Customer will be refunded to his account.
Protection of personal data
Customer information is stored in compliance with the applicable laws of the Czech Republic, especially the Law on Personal Data Protection no. 101/2000 Coll. in subsequent amendments and regulations. The Buyer accepts the collection and processing of personal data in the database of the Seller after successful completion of the contract, until a written statement disagreeing with the processing.
The Buyer has the right to access their personal data, the right to correct them, including other legal rights to such data. Based on the Customer's written request, personal data may be removed from the database. Personal data of customers are fully protected against abuse. Personal Customer data supplier doesnot pass to others. Exceptions are the carriers, whom the customers' personal data are passed to the minimum extent which is necessary for the delivery of goods.
Every contract, after being finalized, is archived in electronic form and is accessible only to the Seller.
Cost of using means of distance communication
Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) are paid by the Buyer.
Consumer Complaints are provided through electronic address firstname.lastname@example.org. Information on the settlement of the complaint is sent to the Buyer's email address.
These terms and conditions apply as stated on the website of the Seller, the date of closing of the purchase contract. Order is after its confirmation as a contract between a Buyer and Seller archived in order to meet and other records, and the state is accessible to the Buyer. The contract can be concluded in the Czech language or in other languages, if it does not cause the impossibility of its conclusion. By the purchase, the Customer agrees to receive commercial communications.
These business conditions enable the Consumer to archiving and reproduction. Moment of concluding the purchase contract the Buyer accepts all the provisions of the conditions in force at the date of sending the order including the price of ordered goods specified in the order, unless it is in a particular case clearly stated otherwise.
These conditions come into effect on January 1, 2014
The Complaints Procedure has been prepared in accordance with the provisions of Law no. 89/2012 Coll., Civil Code and Act 634/1992 Coll., Consumer Protection Act, as amended (the "Act") and applies to consumer goods (the "Goods"), at which the Buyer's rights from liability for defects ( the "Claims") is claimed during warranty period.
Rights of defective performance
The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099-2117 and 2161-2174 § Act no. 89/2012 Coll., Civil Code).
The Seller is responsible to the Consumer that the item on receipt has no defects. In particular, the Seller is liable to the Consumer, that at the time when the Consumer takes the item over:
• the thing has qualities that the parties have agreed, and in case of the absence of such agreement, it has those properties which the Seller or manufacturer has described or which buyers expect with regard to the nature of the goods and based on advertising,
• the thing fits for the purpose Seller states for its use or to which this kind of thing is normally used,
• the thing corresponds to the quality or design of agreed sample or template, if it was quality or design determined in accordance with the agreed sample or model,
• it is in corresponding quantity or weight and
• thing meets the requirements of the legislation.
If the thing does not have the above mentioned features, the Consumer may require the supply of a new thing without defects, unless it is due to the nature of the defect unreasonable, but if the defect affects only parts of things, the Consumer can request a replacement of parts; if this is not possible, he/she may withdraw from the contract. If, however, this is due to the nature of the defect disproportionate, especially if you can remedy the defect without undue delay, the Consumer is entitled to a free remedy. The Consumer has right to obtain new things or exchanged components also in the case of removable defects if the thing can not be properly used for recurring defect or for a larger number of defects. In this case, the Consumer has also the right to rescind the contract.
If the Consumer does not withdraw the contract or does not apply the right for delivering new things without defects, to replace its parts or repair things, he/she may request a reasonable discount. The Consumer has the right to an adequate discount even if the Seller can not deliver a new thing without defects, replace the part or repair the thing, as well as in the case that the Seller fails to remedy it within a reasonable time, or that the remedy would cause to Consumer considerable difficulties.
The Buyer cannot claim the right from defective performance if he/she knew that the thing had a defect, or if the Buyer himself/herself caused the defect.
The Consumer is entitled to claim the right of the defect, which occurs during the twenty four months from the receipt. When a defect manifests within six months from receipt, it is considered that the thing was defective at the time of takeover.
The warranty period begins on receipt of goods by the Customer. The warranty period for the Consumer Buyer is 24 months, but for the Buyer at the conclusion of the contract and acting within their business or other activities, the warranty period is only 12 months. The warranty period is extended by a period during which the goods were in warranty repair. In the case of goods begin a new warranty.
Seller's liability for defects does not cover wear and tear caused by normal use, at things sold for a lower price on the defect for which the lower price was negotiated, for used stuff on defect corresponding with use or wear, that thing has had when took overby the Buyer, or if it is clear from the nature of things.
At the request of the Consumer, the Seller shall provide the Consumer with written confirmation of the obligations of defective performance of the law (warranty). If permitted by the nature of things, instead of warranty certificate it is sufficient to give to the Buyer a proof of purchase containing the information (invoice), which must include information as warranty. The warranty certificate must contain the name and surname, name or trade name of the Seller, identification number, registered office, if a legal person, or residence, if a natural person. If given more than the statutory warranty, the Seller shall determine the terms and scope of the warranty extension on the warranty card.
The Consumer is entitled to withdraw from the contract in all cases provided by law. The withdrawal is effective against the Seller from the moment he delivered a statement on contract termination, if all the necessary legal conditions are fulfilled. In case of withdrawal the contract is canceled from the beginning, and the parties are obliged to return everything which has been on that basis provided. In case of cancellation due to the exercise of rights arising from liability for defects, the Buyer returns to the Seller only the objectively possible extent of what Seller gave him.
Claims, including the removal of defects must be settled without undue delay, within 30 days of the complaint, if the Seller and Buyer agree on a longer period. After this period, the Buyer accorded the same rights as if it were a fundamental breach of contract.
The period for settlement of claims is suspended if the Seller has not received all the documents necessary for handling complaints (of goods, other documents, etc.). The Seller is obliged to require additional documentation from the Buyer in the shortest possible time. The deadline is suspended from that date until delivery of the required documents by the Buyer.
In a situation where the goods need to be sent to the Seller or the service center, the Buyer in its own interest packs the goods in an appropriate and adequately protecting packaging material satisfying the demands of transporting fragile goods, including all accessories and identified the consignment with appropriate symbols.
After proper settlement of the complaint the service center will inform the Buyer to take over the repaired goods.
The claim expires in case of improper assembly or improper putting goods into operation, as well as improper handling, ie. Especially when using products in conditions that do not match the parameters set out in the documentation for the goods.
During any visit of a service technician at the Buyer a protocol of defects or form of their removal needs to be drawn up. Without such a protocol no technician visit may be considered.
In case of withdrawal from the purchase contract or obtaining discounts on the purchase the relevant payment is refunded to Buyer by transfer to a bank account or transferred in cash at the box office at the company's headquarters.