These General Business Terms and Conditions (hereinafter referred to as the "Business Terms") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")
headquarters in: Kollárova 969, Veselí nad Moravou
registered at the Regional Court in Brno, section C37553
Delivery adress: Aquacup s.r.o, Kollárova 969, Veselí nad Moravou
These Business Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the Purchase Contract outside his or her business as a consumer or in the course of its business activities (hereinafter referred to as the "Buyer") through a website aquacup.cz (hereinafter referred to as the "internet shop").
The Terms of Business Terms and Conditions are an integral part of the Purchase Agreement. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
These Business Terms and Conditions and the Purchase Agreement are concluded in the English language.
Product and price information
Information about the goods, including the prices of individual goods and their main features, are given for individual goods in the internet shop catalogueb . Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.
All presentations of the goods placed in the catalogue of the e-shop are informative and the seller is not obliged to conclude a purchase contract for these goods.
Information about the costs associated with packing and delivery of goods is published in the e-shop store. Information about the costs associated with the packing and delivery of goods listed in the e-shop is valid only in cases when the goods are delivered within the territory of the Czech Republic and the total weight of the consignment does not exceed 40 kgs. Heavier shipments and shipments to EU countries will be calculated individually. The price will be communicated to you by phone. For orders above CZK 1,200, incl. VAT is free shipping.
The PPL courier is calculated as follows:
package weighing up to 20 kgs: 120, - incl. VAT
package weighing from 20 kgs up to 40 kgs: 145,- incl. VAT
Goods can also be picked up free of charge in the warehouse in Veselí nad Moravou or at our Prague office..
cash on delivery: 30,- incl. VAT
prepay payment to your account: free of charge
cash at the store: free of charge
Any discounts with the purchase price of the goods can not be combined, unless the seller and the buyer otherwise agree..
The above shipping prices are only for retail sale.
Order and conclusion of the purchase contract
Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.
The buyer carries out the order of the goods in the following ways:
through your customer account if you previously registered in the online store,
filling in the order form without registration.
When placing an order, the buyer selects the goods, the number of items, the payment method and the method of delivery.
Before the order is dispatched, the buyer is allowed to inspect and modify the data he has placed in the order. The order is sent by the buyer to the seller by clicking on the "send order" button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.
Immediately upon receipt of the order, the seller shall send the buyer an acknowledgment of receipt of the order to the email address the buyer entered upon ordering. This acknowledgment is automatic and is not considered to be a contract. Attachment of the confirmation is the current business conditions of the seller. The purchase contract is closed only after the order has been received by the seller. Notification of receipt of the order is delivered to the buyer's email address.
If any of the requirements specified in the order can not be fulfilled by the seller, the buyer will send a modified offer to his/her e-mail address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is then concluded by a Buyer's confirmation of acceptance of this offer by the Seller to its email address specified in these Terms and Conditions.
All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer can cancel the order by phone at 00420 572 591 800 or by email firstname.lastname@example.org.
In the event of an obvious technical error on the part of the seller when the price of the goods is placed in the e-shop or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price even if the buyer has been sent an automatic certificate of receive an order in accordance with these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to his/her email address. The revised bid is considered as a new draft Purchase Agreement, and the Purchase Agreement is then entered into by a Buyer Acceptance Receipt at the seller's email address.
Buyers can access their customer account based on the buyer's registration in the e-shop. From your customer account, buyers can order goods. The buyer can also order the goods without registration.
When registering to a customer account and when ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the buyer in the customer account and when ordering the goods are considered correct by the seller.
Access to the customer account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not entitled to allow the use of the customer account to third parties.
Seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer violates his obligations under the Purchase Agreement and these Business Terms and Condition.
Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, maintenance of hardware and software of third parties.
Payment terms and delivery of goods
The buyer may pay the price of the goods and any costs associated with delivering the goods in accordance with the purchase contract in the following ways:
by wire transfer to the bank account of the seller no: 27-7176690297/0100, kept at Komerční banka.
cash on delivery of the goods,
cash for personal collection in the warehouse of the company.
Together with the purchase price, the buyer is required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
In the case of cash payments, the purchase price shall be payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract or according to an individual written agreement.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the seller's bank account.
Seller shall not require advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of goods is not a backup.
Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, it is obliged to register the received revenue with the tax administrator online, in the event of a technical outage, at the latest within 48 hours.
Goods are delivered to the buyer:
to the address specified by the buyer in the order,
by personal pick-up at the seller's premises.
The method of delivery is chosen during the ordering of the goods.
Costs of delivery of goods, depending on the way of dispatch and receipt of the goods, are stated in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
If the seller is required to deliver the goods in the place specified by the buyer in the order in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
Upon receipt of the goods from the carrier, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
The Seller shall issue to the Purchaser a tax document - an invoice. The tax document is attached to the goods delivered.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the buyer was obliged to take over the goods but did not do so in contravention of the purchase contract.
Withdrawal from the contract
A buyer who has concluded a purchase contract outside his / her business as a consumer has the right to withdraw from the sales contract.
The withdrawal period shall be 14 days
from the date of receipt of the goods,
from the date of receipt of the last delivery of the goods, if the subject of the contract is several kinds of goods or the delivery of several parts,
from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.
The buyer can not, inter alia, withdraw from the sales contract for:
the provision of services if they have been fulfilled with his prior express consent before the expiration of the withdrawal period and the seller has informed the buyer, before concluding the contract, that in this case he has no right to withdraw from the contract.
the supply of goods which have been modified or manufactured according to the buyer's wishes or for him,
other cases referred to in § 1837 of the Civil Code.
In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.
In order to withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. Withdrawal from the sales contract will be sent by the buyer to the seller's email address or mailing address specified in these terms and conditions. The Seller shall acknowledge receipt of the form without undue delay to the Buyer.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
If the buyer withdraws from the contract, the seller shall return the funds immediately, but not later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received by him in the same manner. The Seller shall return the received money to the Buyer in a different way only if the buyer agrees and does not incur any additional costs.
If the buyer chooses a different than the cheapest way of delivering the goods the seller offers, the seller will return the buyer the cost of delivering the goods corresponding to the cheapest offered way of delivering the goods.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers it to the buyer or proves that the goods have been dispatched to the seller.
The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.
The seller is entitled to withdraw from the contract of sale due to the resale of the stock, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the Purchaser.
Rights from defective performance
The seller shall be liable to the buyer for the goods not to be defective upon takeover. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
the goods have properties that the parties have negotiated and if the arrangement is lacking, it has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
the goods are fit for the purpose for which the seller indicates or to which goods of this type are normally used,
the goods are in the appropriate quantity, degree or weight; and
the goods comply with legal requirements.
If a defect occurs within six months of receipt of the goods by the purchaser, the goods shall be presumed to have been defective at the time of acceptance. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by its normal use, for the used goods to a defect corresponding to the degree of wear or tear the goods have had at the time of takeover by the buyer from the nature of the goods.
In the event of a defect, the buyer may submit a claim to the vendor requesting:
replacement for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdraw from the contract.
The buyer has the right to withdraw from the contract:
if the goods have a material defect,
if he can not properly use the item for recurring defects or defects after repair,
for a greater number of defects of goods.
The seller is obliged to accept a complaint at any premises where the claim is accepted, possibly also at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of the buyer's right to claim the claim, the claim of the claim and the manner of processing the claim, as well as a confirmation of the date and method of processing the claim, including the confirmation of the repair and its duration, rejection of the complaint.
The seller or a person authorized by him shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree for a longer period. The expiration of this period is considered as a material breach of contract and the buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the buyer's will (application of the right of defective performance) occurs to the seller.
The Seller shall inform the Buyer in writing of the outcome of the claim.
The right of defective performance does not belong to the buyer unless the buyer knew, prior to taking over the item, that the thing was defective or if the buyer caused the defect himself.
In the event of a legitimate claim, the buyer has the right to reimbursement for the expense incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.
The buyer has the choice of a complaint.
The rights and obligations of the Contracting Parties regarding rights to defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., On Consumer Protection.
Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
The Contracting Parties may deliver all correspondence in writing by electronic mail.
The Buyer delivers the Seller's correspondence to the email address given in these Terms and Conditions. Seller sends the correspondence to the buyer at the email address listed in his customer account or in the order..
Out-of-court dispute resolution
The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Consumer Dispute Resolution Online Regulation).
The Seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll. on consumer protection.
All agreements between the seller and the buyer under the Czech legal order. If a relationship based on a sales contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
The Seller is not bound by the Code of Conduct in relation to the Purchaser within the meaning of § 1826 paragraph 1, point. e) the Civil Code.
All rights to the Seller's website, in particular copyrights to the content, including the layout of the site, photos, films, graphics, trademarks, logos, and other content and elements, belong to the vendor. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller's consent..
The Seller shall not be held liable for any errors resulting from third-party interference with the Internet Store or as a result of its use contrary to its intended use. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the e-shop and use the e-shop or its parts or software in a way that is inconsistent with its purpose or purpose.
The buyer hereby takes on the risk of changing the circumstances in accordance with § 1765 section 2 of the Civil Code.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
An annex to the Business Terms and Conditions is a form for withdrawal and for goods claim.
These Terms and Conditions become effective on 25 May 2018.
The personal data controller referred to in Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR") is Aquacup s.r.o., ID: 26217597, with registered office at Kollárova 969, Veselí nad Moravou (hereinafter referred to as "the administrator").
The contact information of the administrator is:
adress: Kollárova 969, Veselí nad Moravou, 698 01
phone number: 572 591 800
Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person that can be identified directly or indirectly, in particular by reference to a particular identifier such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, psychological, economic, the social identity of this individual.
The administrator did not appoint a Data Protection Officer.
Sources and categories of processed personal data
The administrator handles only the personal data you have provided to him/her or received them on the basis of your order.
The administrator handles your identification, contact details and data necessary for performance of the contract.
Legitimate reason and purpose of processing personal data
The legitimate reason for the processing of personal data is:
Only performance of the contract between you and the administrator under Article 6 (1) b) GDPR.
The purpose of processing personal data is:
arranging your order and exercising the rights and obligations arising from the contractual relationship between you and the trustee; When ordering, the personal data required for successful order execution (name and address, contact) are required,
the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without providing personal data it is not possible to conclude the contract or to fulfill it by the administrator,
DISABLED to send business messages and do other marketing activities.
No automatic automatic decision-making within the meaning of Article 22 of the GDPR is made by the administrator.
Data retention time
The administrator keeps personal data:
for the time necessary to exercise the rights and obligations arising out of the contractual relationship between you and the administrator and the exercise of claims arising from these contractual relationships (for a period of 5 years from the termination of the contractual relationship).
After expiration of the personal data retention period, the administrator deletes and shreds personal data.
Recipients of personal data (subcontractors)
The recipients of personal data are person
contributing to the supply of goods/services/making payments on the basis of a contract,
providing e-shop services (Machin.cz) and other services related to the operation of e-shop,
accountants and tax advisers,
staff invoicing and shipping ordered goods.
The controller does not intend to transfer personal data to a third country (to a non-EU country) or an international organization.
Under the terms of the GDPR you have:
the right to access your personal data under Article 15 of the GDPR,
the right to correct personal data pursuant to Article 16 of the GDPR, or the restriction of processing under Article 18 GDPR,
the right to delete personal data under Article 17 of the GDPR
the right to object to processing under Article 21 of the GDPR and
the right to data portability under Article 20 GDPR.
the right to withdraw consent to processing in writing or electronically to the address or email of the administrator referred to in Article III of these Terms.
You also have the right to file a complaint with the Personal Data Protection Office if you believe that your right to privacy has been violated.
The Administrator declares that he has taken all appropriate technical and organizational measures to safeguard personal data.
The administrator has taken technical measures to secure data warehouses and personal data repositories in paper form.
The Administrator declares that personal data are only accessible to persons authorized by him/her.
These terms come into effect on May 25, 2018.
This rule was prepared in accordance with the provisions of Act No. 89/2012 Coll. of the Civil Code, as amended, and Act No. 634/1992 Coll., the Consumer Protection Act, as amended, and applies to consumer goods (hereinafter referred to as "goods") included in the offer of AQUACUP s.r.o., the buyer's rights under the responsibility for defects (hereinafter referred to as the "claim").
For each product purchased with AQUACUP s. r.o. (hereinafter referred to as the "Seller") is accompanied by an invoice and delivery note or cashier with a product specification that also serves as a Warranty Certificate.list.
The Buyer is required to become acquainted with these Complaints Regulations upon the conclusion of the Purchase Agreement with the Seller. If the goods are not personally taken over by the purchaser at the seller's premises or at his sales representative's premises, the goods are taken over when the goods are taken over by the buyer from the carrier (confirmed by the signature on the delivery note).
The seller is responsible for defects that occur during the warranty period in accordance with the law. For the delivery of its own products, the seller provides a warranty for the duration and under the conditions stated in the technical sheets and the packaging of the individual products. Deliveries of third-party products (merchandise) are subject to warranties according to the business and delivery terms of these manufacturers. The buyer is obliged to inspect the goods when they are taken over, or immediately after delivery to the place of destination if the goods are transported by the carrier. If the buyer detects a defect of the goods immediately after delivery to his destination, he is obliged to write down the damage protocol with the carrier. The Buyer is obliged to complain to the Goods as soon as the defects are discovered. In the event of a defect in goods being identified by the purchaser prior to its use, the purchaser shall claim the goods in person at the point of sale of the product, at the place of the order when the goods are transported.
The buyer is obliged to present a valid proof of purchase of the goods together with other documents or information necessary to handle the claim (delivery note, invoice, cash receipt, loss protocol, cash payment, etc.). The complaint is resolved by the buyer at the place of the order or purchase of the goods with an authorized seller of the seller, who is obliged to write the complaint protocol with the buyer in two copies (for each of the parties, both with the original validity). Complaints will be resolved by the seller immediately and in the case of disputed claims no later than 30 calendar days from the date of claiming the claim at the seller, in the case of the contractual partners according to the individual agreement.
The Service Center is obliged to acknowledge receipt of a complaint within 3 business days of the date of the complaint, including, among other things, the product specification, the defect specification, the way and the place of purchase of the goods, the identification of the buyer. In case of replacement or repair of the goods, if the complaint is not settled immediately, the buyer is obliged to take over the replaced or repaired goods from the seller no later than 5 calendar days from the date of delivery of the take-over call, unless the seller and buyer have agreed otherwise. If the deadline is not met, the seller stores the goods at the expense of the buyer. Seller and Buyer hereby agree that a claim may be recognized as justified only if the following conditions are met:
a) the buyer is obliged to always provide a complete original of the document confirming the purchase of the goods,
b) the buyer is obliged to describe the product defects claimed,
c) the goods must be used or applied in accordance with the relevant product documentation and the technical and safety regulations in force in the Czech Republic,
d) the goods must be used or applied with professional care, in special cases where the law so requires, the goods must be applied by a professional person authorized to do so,
e) goods must not be used under conditions that by their nature exclude the use of goods,
f) the defect was not caused by natural disaster or by violent damage.
This Complaint Procedure becomes effective and effective on January 1, 2018 and cancels any prior provisions and practices applicable to the handling of claims and the warranty of goods. AQUACUP s.ro. reserves the right to make changes to these Complaints Rules. Buyer's rights as a result of the law are not affected by this Complaint.
Information obligation on out-of-court settlement of consumer disputes
8.1a. The seller shall inform the consumer in a clear, comprehensible and easily accessible way about the out-of-court settlement of consumer disputes, which is materially relevant to the type of product, service or product offered or mediated. The information must also include the Internet address of this entity. If the seller operates a website, he / she will also provide this information on this website. If the contract concluded between the seller and the consumer refers to the terms of trade, the information under the first and second sentences shall also be included in these terms and conditions.
8.1b. In the event of a dispute between the consumer and the seller that has not been settled directly between the parties, the seller shall provide the consumer with the information referred to in paragraph 1 in paper form or on another durable medium.dat.
Impairment rights - buyer entrepreneur (not applicable to contractors)
8.2 Business protection can not be applied to consumer protection when selling goods and a statutory 24-month warranty does not apply here. The seller is responsible only for the defects that the thing has at the time of the takeover, even if they are reflected only after the takeover. He does not answer for the defects that arose later.
8.3 AQUACUP s.r.o., voluntarily undertakes to provide the buyer with a 24 months guarantee to the entrepreneur for the quality of the goods. By guaranteeing quality, the seller commits that the item will be in the warranty period customary or that it will be fit for normal use. The guarantee is the same as the warranty date, Aquatrading s.r.o. provides to the also warranty for the goods for which the warranty period is indicated or the warranty certificate is issued.
8.4 When a claim is made by a buyer to a businessman, the time limit for settling the claim is contracted for a period of 40 days (not applicable to the contractual partners where the complaint is settled individually).
This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. In this case, the vendor must settle the claim at least within a reasonable time.
Subject to changes. Valid until the date of the new release. You can apply for all the requirements at:
AQUACUP s. r.o., Kollárova 969, 698 01 Veselí nad Moravou