BUSINESS TERMS AND CONDITIONS of ALFA 3

With the registered office located at Husova 263, 538 54 Luže, identification number: 42228123, entered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 691, for the sale of goods through the online shop on the Internet website www.alfa3.cz

1. INTRODUCTORY PROVISIONS

1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of the company ALFA 3, s.r.o., with the registered office located at Husova 263, 538 54 Luže, identification number: 42228123, entered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 691 (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person or legal entity (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the Internet website www.alfa3.cz (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface of the Shop”).

 

A customer of the company’s online shop is the Buyer. With regard to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is an entrepreneur.
Buyer - consumer is any person who, outside the scope of his/her entrepreneurial activity or outside the scope of the independent exercise of his/her profession, concludes a contract with the entrepreneur, or otherwise deals with him/her.
Buyer - entrepreneur is a buyer, who buys products or uses services for the purpose of his/her entrepreneurial activity in accordance with Section 420 of the Civil Code. Special provisions for the sale of goods in the shop shall not apply to the regulation of the relations between the Seller and Buyer-entrepreneur, with the exception of the provisions of Section 2160, which shall expressly apply to the relations between the Seller and Buyer-entrepreneur.
 

1.2.The Business Terms and Conditions do not apply to the cases where a person, who intends to purchase goods from the Seller, is a legal entity or a person who, when ordering goods, acts within the scope of his/her entrepreneurial activity or within the scope of the independent exercise of his/her profession.

1.3. Provisions deviating from the Business Terms and Conditions may be arranged in the purchase contract. The deviating provisions of the purchase contract shall take precedence over the provisions of the Business Terms and Conditions.

1.4. The provisions of the Business Terms and Conditions constitute an integral part of the purchase contract. The purchase contract and the Business Terms and Conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.

1.5. The wording of the Business Terms and Conditions may be modified or supplemented by the Seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Business Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration made on the website, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as the “user account”). The Buyer may also order goods without registration directly from the web interface of the shop, if the web interface of the shop allows to do so.

2.2. When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change therein. The data provided by the Buyer in the user account and when ordering goods are deemed correct by the Seller.

2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, especially if the Buyer has not used his/her user account for more than 12 months, or if the Buyer has violated his/her obligations under the purchase contract (including the Business Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available non-stop, especially with regard to the necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third parties’ hardware and software.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentations of the goods placed on the web interface of the shop are of an informative nature, and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods may not, by their nature, be returned by regular mail. The prices of the goods are listed without value added tax and all related fees. The prices of the goods shall remain valid as long as they are displayed on the web interface of the shop. This provision does not limit the Seller’s entitlement to conclude a purchase contract under individually arranged conditions.

3.3. The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed on the web interface of the online shop is valid only in cases, when goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer shall fill in the order form on the web interface of the shop. The order form contains information mainly about:

3.4.1. The ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart on the web interface of the shop),

3.4.2. The method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and

3.4.3. Information about the costs associated with delivery of the goods (hereinafter collectively referred to as the “Order”).

 

3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data that have been entered in the order, with regard to the Buyer’s ability to detect and correct the errors made when entering the data into the order. The Buyer shall send the order to the Seller by clicking on the “Complete Order” button. The data stated in the order are deemed correct by the Seller. Immediately after receiving the order, the Seller shall confirm the receipt thereof to the Buyer by e-mail, namely to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s E-mail Address’).

3.6. The Seller is always entitled, depending on the nature of the order (quantity of the goods, amount of the purchase price, estimated shipping costs), to request the Buyer for additional confirmation of the order (for example, in writing or over the phone).

3.7. A contractual relationship between the Seller and the Buyer shall arise by the delivery of acceptance of the order (acceptance), sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address.

3.8. The Buyer consents to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer him/herself, in which case these costs shall not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the Seller the price of the goods and any costs associated with delivery of the goods under the purchase contract, by the following methods:

 

  • In cash in the Seller’s place of business at: Husova 263,538 54 Luže
  • In cash on delivery in the place specified by the Buyer in the order;
  • By cashless transfer to the Seller’s account No. 7101592/0800, maintained at Česká spořitelna a.s. (hereinafter referred to as the “Seller's Account”); 
  • By cashless payment through the payment system;
  • By cashless payment using a payment card;

4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods at the amount agreed upon. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon the receipt of goods. In the case of cashless payment, the purchase price is payable within 14 days as of date of the conclusion of the purchase contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods specifying the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6. The Seller is entitled, especially in the case of the Buyer’s failure to provide additional confirmation of the order (Article 3.6), to demand payment of the purchase price in full before dispatching goods to the Buyer. The provisions of Section 2119, Paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the Seller to the Buyer may not be combined.

4.8. If this is customary in the business relations or if so stipulated by the generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer regarding the payments made on the basis of the purchase contract. The Seller is a value added tax payer. The tax document – invoice shall be issued by the Seller to the Buyer after paying the price of the goods, and sent in electronic form to the Buyer’s email address.

4.9. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for delivery of goods which were modified according to the Buyer’s wishes or for the Buyer’s person, from the purchase contract for delivery of perishable goods and goods which were irretrievably mixed with other goods upon delivery thereof, from the purchase contract for delivery of goods in a sealed packaging, which were removed from the packaging by the consumer and which maynot be returned for hygienic reasons, and from the purchase contract for delivery of an audio or video recording or computer program, if its original packaging was broken.

5.2. Unless it is the case referred to in Article 5.1 of the Business Terms and Conditions, or another case when it is not possible to withdraw from the purchase contract, the Buyer is entitled to withdraw from the purchase contract in accordance with Section 1829, Paragraph 1 of the Civil Code, within fourteen (14 ) days as of the receipt of the goods; if the subject of the purchase contract is constituted by several types of goods or by delivery of several parts, the above period shall start running as of date of the receipt of the last delivery of goods. Notice of withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer may use the sample form provided by the Seller, which constitutes the annexe to the Business Terms and Conditions. The Buyer may send notice of withdrawal from the purchase to the address of the Seller’s registered office, or to the Seller’s e-mail address: obchod@alfa3.cz.

5.3. In the case of withdrawal from the purchase contract in accordance with Article 5.2 of the Business Terms and Conditions, the purchase contract shall be annulled from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days as of date of delivery of notice of withdrawal from the purchase contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods may not be returned due to their nature by regular mail.

5.4. In the case of withdrawal from the purchase contract in accordance with Article 5.2 of the Business Terms and Conditions, the Seller shall refund the money received from the Buyer within fourteen (14) days as of date of withdrawal from the purchase contract by the Buyer, in the same manner as the Seller received the money from the Buyer. The Seller is also entitled to refund the money upon receipt of the goods returned by the Buyer, or by any other method, if the Buyer consents thereto and does not incur any additional costs. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the money received from the Buyer before the Buyer has returned the goods or proved that he/she has sent the goods to the Seller.

5.5. The Seller is entitled to unilaterally set off the entitlement to compensation for damage caused to the goods against the Buyer’s entitlement to a refund of the purchase price.

5.6. In the cases where the Buyer is entitled to withdraw from the purchase contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, until the receipt of the goods by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, namely by cashless transfer to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with goods, a gift agreement is concluded by and between the Seller and the Buyer, with a termination clause stipulating that if the Buyer withdraws from the purchase contract, the gift agreement for such a gift shall cease to be effective, and the Buyer shall be obliged to return the gift together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. In the case that the mode of transport is arranged by special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.

6.2. If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery thereof.

6.3. If, for any reason on the part of the Buyer, it is necessary to deliver goods repeatedly or by a different method than that specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively the costs associated with another delivery method.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of packaging of the goods and, in the case of any defects, immediately notify the carrier. When ascertaining a violation of packaging indicating unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier. This does not affect the Buyer’s rights arising from liability for defective goods, and the other Buyer’s rights arising from the generally binding legal regulations.

6.5. The other rights and obligations of the contracting parties when transporting goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 - 1925, Sections 2099 - 2117, and Sections 2161 - 2174 of the Civil Code, and Act No. 634/1992 Coll., on consumer protection, as amended).

7.2. The Seller is liable to the Buyer that the goods are free of defects upon receipt thereof. In particular, the Seller is liable to the Buyer that upon receipt of the goods:

7.2.1. The goods have the properties agreed upon by the contracting parties and, in the absence of such an agreement, the properties described by the Seller or the manufacturer, or the properties which the Buyer expected with regard to the nature of the goods and based on advertising made thereby,

7.2.2. The goods are suitable for the purpose specified by the Seller, or for the purpose for which goods of this kind are usually used,

7.2.3. The goods correspond, in terms of their quality or design, to the sample or model agreed upon, if the quality or design was determined according to the sample or model agreed upon,

7.2.4. The goods are of an appropriate quantity, measure or weight; and,

7.2.5. The goods comply with the requirements of the legal regulations.

7.3. If a defect becomes apparent within six months as of the receipt, goods shall be deemed to have been defective at the time of receipt thereof.

7.4. The extent of the Seller’s obligations arising from defective performance corresponds at least to the extent of the manufacturer’s obligations arising from defective performance. The Buyer is otherwise entitled to exercise the right to file a complaint about a defect that shall occur in consumer goods within twenty-four months as of receipt thereof. If, in accordance with other legal regulations, the period of time during which goods may be used is indicated on the sold goods, on packaging, in the instructions for use attached to the goods or in advertising, the quality assurance provisions shall apply. By assuring the quality, the Seller undertakes that the goods shall be fit for use for the usual purpose for a definite period of time, or that they shall retain their usual properties. If the Buyer’s lodges a legitimate complaint about defective goods to the Seller, the period of exercising the rights arising from defective performance or the warranty period shall not run for the period during which the Buyer may not use the defective goods.

7.5. The provisions set forth in Article 7.2 of the Business Terms and Conditions shall not apply to the goods sold at a lower price due to a defect for which a lower price was arranged, to wear and tear caused by normal use of the goods, nor shall they apply to used goods for a defect corresponding to the degree of use or wear and tear, which the goods had upon receipt thereof by the Buyer, or if it follows from the nature of the goods. The Buyer is not entitled to claim defective goods, if the Buyer knew before receiving the goods that they were defective, or if a defect was caused by the Buyer him/herself.

7.6. The rights arising from liability for defective goods are claimed from the Seller. If, however, the confirmation issued to the Seller regarding the scope of the rights arising from liability for defects (in terms of the provisions of Section 2166 of the Civil Code) designates another person to perform the repair, who is located in a place closer to the Seller’s or to the Buyer’s, the Buyer shall exercise the right to repair from the person who is designated to perform the repair. Except in cases where another person is designated to perform the repair according to the previous sentence, the Seller is obliged to accept complaint in any establishment where acceptance of complaints is possible with regard to the range of products or services provided, or in the registered office or place of business. The Seller is obliged to issue written confirmation to the Buyer regarding the time of exercising this right by the Buyer, the content of complaint and the method of handling complaint required by the Buyer; as well as confirmation of the date and manner of handling complaint, including confirmation of the repair and duration thereof, or a written justification for rejecting complaint. This obligation also applies to the other persons designated to perform the repair by the Seller.

7.7. The Buyer may specifically exercise the rights arising from liability for defective goods in person at the address: ALFA 3, s.r.o., Husova 263,538 54 Luže, over the phone at + 420 469 671 295, or by e-mail at obchod@alfa3.cz.

7.8. The Buyer shall inform the Seller of the right he/she has chosen upon notification of the defect, or without undue delay after notification of the defect. The Buyer may not change his/her choice without the Seller’s consent; this does not apply if the Buyer requested repairs of a defect which proves to be irreparable.

7.9. If the goods do not have the properties specified in Article 7.2 of the Business Terms and Conditions, the Buyer may require delivery of new goods free of defects, if this is adequate with regard to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only request replacement of this part; if this is not possible, the Buyer may withdraw from the contract. However, if it is inadequate with regard to the nature of the defect, especially if the defect may be eliminated without undue delay, the Buyer is entitled to have the defect eliminated free of charge. The Buyer is entitled to the delivery of new goods or to the replacement of parts thereof also in the case of a remediable defect, if he/she may not use the goods properly due to the recurrence of the defect after repairs thereof, or due to a larger number of defects. In this case, the Buyer is also entitled to withdraw from the contract. If the Buyer does not withdraw from the contract or if he/she does not exercise the right to request delivery of new goods free of defects, the replacement of parts thereof or repair of the goods, he/she may request a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller may not deliver new goods free of defects, replace a part thereof or repair the goods, and if the Seller does not arrange a remedy within a reasonable period time, or if arranging a remedy would cause significant difficulties for the Buyer.

7.10. The other rights and obligations of the contracting parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires possession of the goods by paying the full purchase price thereof.

8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct in terms of the provisions of Section 1826, Paragraph 1, Clause e) of the Civil Code.

8.3. The handling of consumer complaints is ensured by the Seller at the e-mail address obchod@alfa3.cz. The Seller shall inform the Buyer of the handling of the Buyer's complaint at the Buyer’s e-mail address.

8.4. The Czech Trade Inspection Authority, with the registered office located at Štěpánská 567/15, 120 00 Prague 2, Registration No.: 000 20 869, Internet website https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer under the purchase contract.

8.5. The European Consumer Centre Czech Republic, with the registered office located at Štěpánská 567/15, 120 00 Prague 2, Internet website: http://www.evropskyspotrebitel.cz, is a contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the settlement of consumer disputes online).

8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out by the relevant trade licensing office within the scope of its competence. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The Buyer hereby assumes the risk of change of circumstances in terms of Section 1765, Paragraph 2 of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfils its information obligation towards the Buyer in terms of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to personal data processing and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”) related to the processing of the Buyer’s personal data for the purposes of the performance of the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the Seller’s public legal obligations.

10. SENDING COMMERCIAL MESSAGES AND SAVING COOKIES

10.1. In accordance with the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (the Act on Certain Information Society Services), as amended, the Buyer consents to sending commercial communications by the Seller to the Buyer’s electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer in terms of Article 13 of GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a special document.

10.2. The Buyer consents to saving so-called cookies in his/her computer. If it is possible to make a purchase on the website and fulfil the Seller’s obligations under the purchase contract without saving so-called cookies in the Buyer’s computer, the Buyer may revoke his/her consent under the previous sentence at any time.

11. DELIVERING

11.1. Notifications may be delivered to the Buyer’s email address.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the contracting parties arrange that the relationship shall be governed by Czech law. The choice of law under the previous sentence does not deprive the Buyer, who is a consumer, of the protection afforded to him/her by the legal provisions which may not be derogated from and which would, in the absence of choice of applicable law, otherwise apply under Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Business Terms and Conditions is, or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close to the invalid provision as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions hereof.

12.3. The purchase contract, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. The annex to the Business Terms and Conditions is constituted by a sample form of notice of withdrawal from the purchase contract.

12.5. Seller’s contact data:

Delivery address: ALFA 3, s.r.o., Husova 263, 538 54 Luže,
Email address: obchod@alfa3.cz,
Phone No.: +420 469 671 295

 

 

This wording of the Business Terms and Conditions is valid as of 01.01.2020