General terms and conditions
1. Identification
Company: DUCA DEL COSMA CZECH s.r.o.
Registered office: Vysoké Popovice 251, 664 84 Vysoké Popovice
Company Reg. No.: 06486819
Tax Registration No.: CZ06486819
Email:
Bank Account No. : 0248740002/5500
Pickup store address:
It is possible to pick up the goods at the address below upon agreement.
Vysoké Popovice 251, 664 84 Vysoké Popovice
3 INFORMATION
Information on goods and prices stated by the Seller is binding, except for apparent errors. Prices are quoted including all applicable taxes (e.g. VAT) and fees, except for cost of delivery.
Information on payment methods which are accepted is to be found here.
Acceptance of an offer with an addendum or variation does not constitute an acceptance of offer.
Confirmation of contents of a contract concluded in a form other than in writing, which shows variations from stipulated contents of the contract, does not have any legal effect.
Acceptance of unsolicited consideration from the Buyer does not constitute acceptance of offer.
3 DELIVERY AND PAYMENT
The Seller shall deliver complete goods to the Buyer within 15 days from order confirmation unless there is a different delivery time stated at individual items. If the goods’ status is “in stock”, the Seller will dispatch the goods within two working days at the latest. The Buyer is obliged to take over and pay for the goods. It is recommended that the Buyer check the goods as soon as he or she takes it over.
The Seller shall send any documents related to the goods, in particular the invoice, receipts or certifications, to the Buyer immediately after acceptance of goods, within two days at the latest.
If required by the Buyer, the Seller shall confirm in writing the extent and period of his or her liability for faulty performance, and the way the Buyer may exercise his or her rights.
Price and shipping method
You will find information on prices of shipping and payment methods here.
Should the Buyer not take over the goods within arranged period due to breaching his or her duty, he or she is obliged to pay a storage fee for every day of default in the amount of 10 CZK, to the value not exceeding 300 CZK in total. After verifiably notifying the Buyer and offering him or her a new, adequate term for takeover, the Seller is entitled to sell the goods appropriately. The Seller is also entitled to add any storage costs and costs of unsuccessful delivery due to lack of cooperation from the side of the Buyer to the proceeds of the sale to the Buyer.
4 ORDER CANCELLATION AND WITHDRAWAL FROM CONTRACT
The Buyer may withdraw from the contract within fourteen days from acceptance of goods or the last part of delivery, regardless of the method of delivery or payment. The stated period serves the Buyer to get acquainted to an adequate extent with the character, properties and utility of the goods.
The Buyer is entitled to withdraw from the contract any time before the delivery of goods.
The Buyer shall send or hand over the contract withdrawal to the Seller within a fourteen-day period. The Buyer is not obliged to state the reason for the withdrawal. To facilitate the communication, it is advisable to specify the date of purchase or contract / invoice number, bank account number and selected method of return of goods.
The Seller is bound to return the amount fully corresponding with the price of goods and delivery costs to the Buyer within fourteen days from the withdrawal from the contract using the same method as the Buyer. If the Seller offers several possibilities within a delivery method, he or she is obliged to refund the cheapest of them. The Buyer is bound to send or hand over the goods. The goods shall be returned to the Seller (not cash on delivery) complete, preferably in original packaging, and they must not show signs of wear or damage. The Buyer shall bear the expenses of return of goods.
If the returned goods are damaged by breach of Buyer’s duty, the Seller is entitled to raise a claim to compensate the diminution in value of goods and deduct the amount from the refund.
5 STATUTORY LIABILITY (FOR CONFORMITY OF GOODS WITH PURCHASE CONTRACT AND FAULTS WHICH MAY OCCUR WITHIN WARRANTY PERIOD)
Quality at acceptance
If there are any defects in accepted goods (e.g. they do not have agreed or rightfully expected qualities, they do not conform to regular or agreed purpose, they are not complete, the volume, weight, or quality do not correspond to other statutory, contractual or precontractual parameters), they are considered faulty goods and the Seller bears the liability.
The Buyer may file a claim with the Seller within two years of taking over the goods at the latest, to either eliminate a defect free of charge, or receive an adequate deduction from the price; if it is not inadequate to the nature of defect (particularly if it is not possible to repair the defect without undue delay), it is possible to claim a replacement of the goods or their parts with new and defectless goods or their parts.
If it is not possible to repair or replace the goods, the Buyer may claim a refund of the original price based on the withdrawal of purchase contract.
Within six months from the takeover, it is assumed that the goods were already defective at the moment of acceptance.
The Seller is not obliged to grant the Buyer’s claim if he or she proves that the Buyer had known of the defects before taking over the goods, or the Buyer caused the defect.
The Seller is not liable for any faults in used goods, where the faults correspond with the extent of usage and wear and tear. The Seller is not liable for any faults in goods sold for a discounted price, due to which faults the lower price was agreed. In such cases the Buyer is entitled to an adequate discount instead of replacement.
Rights from defective performance
The Seller is liable for defects which occur within the 24-month warranty period from the takeover, or within the period stated in advertisement, on packaging, or in enclosed user’s guide.
The Buyer may file a claim for the following (provided the fault is in substantial breach of contract, regardless of whether the fault is reparable or irreparable):
- repair the fault by replacing the goods with goods without fault, or supplying a missing part;
- repair the defect free of charge;
- reasonable deduction from the price; or
- refund of purchase price by virtue of contract withdrawal.
Breach of contract which the breaching party had known about before concluding the contract is crucial as well as the knowledge that the other party would not have concluded the contract if he or she had foreseen such a breach.
Fault which constitutes unessential breach of contract (regardless of it being a reparable or irreparable defect) entitles the Buyer to having it repaired or getting an adequate discount from purchase price.
If the defect appears repeatedly after being repaired (the third claim of the same defect, or the fourth of different faults) or there are numerous defects in the goods (at least three faults concurrently), the Buyer may exercise his or her right to purchase price discount, product replacement, or withdrawal from purchase contract.
The Seller is not liable for faults uprising from regular wear and tear or not following the user’s guide.
6 CLAIM SETTLEMENT
The Buyer is bound to assert claim with the Seller or a person responsible for the repair without undue delay from the assessment of the fault. Whether in writing or via email, such claim should contain contact details, fault description and request for the method of claim settlement.
The Buyer shall inform the Seller of the method of claim settlement he or she chose at filing the claim or afterwards without undue delay. Change of claim settlement is possible only in case the Buyer opted for repair of the defect which proves to be non-removable.
Should the Buyer not duly assert his or her right arising from fundamental breach of contract, he or she has the same rights as at minor breach of contract.
The Buyer is obliged to document the purchase of goods (by presenting proof of purchase). The period for claim settlement begins to run on the date of handing over / delivering the goods to the Seller or designated service. The goods should be wrapped in appropriate packaging so that any damage is prevented, the goods should be clean and complete.
The Seller is bound to resolve the claim without undue delay, within three working days at the latest, or possibly find that it is necessary to get an expert review to resolve the claim and in such case inform the Buyer within the period mentioned above. The Seller shall settle the claim, including removing the defect, without undue delay, within 30 days from accepting the claim at the latest, unless otherwise specified in writing based on mutual agreement between the Seller and the Buyer. The buyer has the same rights after expiration of the period as if there were a fundamental breach of contract.
Should the Seller refuse to remove the defect, the Buyer may require an adequate discount from the price or withdraw from the contract.
Quality guarantee is extended by the period between claim assertion and its settlement or the time the Buyer was bound to collect the goods. If the goods or their parts are replaced, Seller’s liability is applied as if the goods or their parts were new.
If there is no possibility to track the status of the claim online, the Seller is bound to inform the Buyer about the progress of the claim in accordance with Buyer’s requirements via emails or text messages.
In case of legitimate claim, the Buyer has the right to a refund of any purposefully expended costs.
7 PROTECTION OF PERSONAL DATA
The Buyer agrees that the Seller may process and retain personal data provided by the Buyer in accordance with the Personal Data Protection Act No. 101/2000 Coll., as amended, for the purpose of performance of the subject-matter of the contract. The Buyer has the right to be informed which data is processed by the Seller, and he or she has the right to edit such data, or express disapproval with its processing in writing.
Supervision of personal data protection is performed by the Office for Personal Data Protection.
The Buyer may inform the Seller that he or she wishes to discontinue receiving commercial emails through email address gained in connection with fulfilling the contract.
8 SETTLEMENT OF DISPUTES
Any disputes between the Seller and the Buyer shall be settled in courts of law.
9 MISCELLANEOUS
Other matters not mentioned above are governed by Civil Code No. 89/2012 Coll., Consumer Protection Act No. 634/1992 Coll. and other legal regulations, as amended.
The contract and related issues are governed by Czech law.
These terms and conditions are effective as from 1 January 201.