TERMS AND CONDITIONS
TERMS AND CONDITIONS
trading companies
Aurosa s.r.o
with registered office at Pohořelec 140/15, Hradčany, 118 00 Prague 1
identification number: 045 29 154
registered in the commercial register kept under the file mark
C 249186 held at the Municipal Court in Prague
for the sale of goods through the e-shop located at the Internet address:
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions of the trading company Aurosa s.r.o. (hereinafter referred to as
"business conditions") with registered office at Pohořelec 140/15, Hradčany, 118 00
Prague 1; identification number (IČO): 045 29 154; registered in business
of the register kept at the Municipal Court in Prague, section C, insert 249186 (hereinafter
only the "seller") regulate the mutual rights and obligations of the contracting parties
arising in connection with or on the basis of a purchase contract (hereinafter referred to as "purchase
contract") concluded between the seller and another natural person (hereinafter
"buyer") through the seller's online store.
The online store is operated by the seller on a website
located at the internet address https://aurosa.myshopify.com (hereinafter only
"website"), through the website interface (hereinafter referred to as
"store web interface")
1.2. The terms and conditions do not apply to cases where a person who has
intention to purchase goods from the seller, is a legal entity or a person,
which acts when ordering goods as part of its business activity or
within the framework of his independent performance of his profession.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase agreement
contract. Deviating provisions in the purchase contract take precedence
provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract.
The purchase contract and terms and conditions are drawn up in the Czech language.
The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. With this
the provision does not affect rights and obligations arising during the effective period
of the previous wording of the terms and conditions.
1.6. By sending the order and then confirming it on the web interface
the buyer confirms that he has familiarized himself with these business terms and conditions
he agrees with them.
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, it can
buyers to access their user interface. Of your own
user interface, the buyer can order goods (hereinafter referred to as
"user account"). The buyer can also order goods without
registration directly from the store's web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged
enter all data correctly and truthfully. Data specified in the user
the buyer is obliged to update the account in case of any change. Data
stated by the buyer in the user account and when ordering goods are
considered 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 necessary information
to access his user account.
2.4. The Buyer is not authorized to allow third parties to use the User Account
persons. If the buyer transfers the user account to a third party
persons for use, the seller is not responsible for misuse
user account by third parties.
2.5. The seller may cancel the user account, especially in the case when
the buyer does not use his user account for more than 6 months, or if
when the buyer violates his obligations from the purchase contract (including business
conditions).
2.6. The buyer acknowledges that the user account may not be available
continuously, especially with regard to the necessary maintenance of hardware and
software equipment of the seller, or necessary hardware maintenance and
third-party software equipment.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods located in the web interface of the store is
of an informative nature and the seller is not obliged to conclude a purchase contract
regarding this item. Provisions of § 1732 paragraph 2 of the Civil Code se
He won't use it.
3.2. The web interface of the store contains information about the goods, including the description
prices of individual goods and costs for returning goods, if these goods from
by its very nature cannot be returned by the usual postal route. Prices of goods
are listed inclusive of value added tax and all related charges.
Product prices remain valid for as long as they are displayed in
web interface of the store. The possibility is not limited by this provision
the seller to conclude a purchase contract under individually agreed conditions.
3.3. The store's web interface also includes information about associated costs
with packaging and delivery of goods. Information on costs associated with packaging
and delivery of the goods listed in the web interface of the store only apply
in cases where the goods are delivered within the territory of the Czech Republic and
Slovakia.
3.4. To order goods, the buyer fills out the online order form
store interface. The order form mainly contains information about:
3.4.1. ordered goods (the ordered goods are "put" by the buyer into
of the electronic shopping basket of the web interface of the store);
3.4.2. method of payment of the purchase price of the goods, information on the required method
delivery of ordered goods a
3.4.3. information on the costs associated with the delivery of the goods (hereafter referred to as
as "order").
3.5. Before sending the order to the seller, the buyer is allowed
check and change the data entered in the order by the buyer, including
with regard to the possibility of the buyer to detect and correct errors arising during
entering data into the order. The buyer sends the order to the seller
by clicking the "Complete Order" button. Data specified in the order
are believed to be correct by the seller. Seller immediately after
receipt of the order will confirm this receipt to the buyer electronically
by post, to the e-mail address of the buyer indicated
in the user account or in the order (hereinafter referred to as "electronic address
buyer's").
3.6. The seller is always entitled depending on the nature of the order
(quantity of goods, amount of purchase price, estimated shipping costs)
ask the buyer for additional confirmation of the order (for example, in writing or
by phone).
3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance
order (acceptance) sent by the seller to the buyer
by e-mail, to the buyer's e-mail address.
3.8. The buyer agrees to the use of remote communication means at
conclusion of the purchase contract. Costs incurred by the buyer in use
means of communication at a distance in connection with the conclusion of the purchase
contracts (costs of internet connection, costs of telephone calls) si
paid by the buyer himself, and these costs do not differ from the base rate.
3.9. In the event that any of the requirements stated in the Order cannot
the seller to fulfill, will send the Buyer to the Buyer's Electronic address
amended offer, indicating possible variants of the Order and requests
the opinion of the Buyer.
3.10. The amended offer is considered a new draft of the Purchase Agreement and the Purchase
in such a case, the contract is only concluded upon confirmation of acceptance by the Buyer
to the Seller's email address.
3.11. In the event that there was an obvious technical error on the part of the Seller at
indicating the price of the goods in the Web interface of the store, or during the course
ordering, the Seller is not obliged to deliver the goods to the Buyer for this
clearly wrong price even if it was sent to the Buyer
confirmation of acceptance of the Order according to these Terms and Conditions.
The Seller will notify the Buyer if the price listed for the goods in the Web Site
the store interface or during ordering is no longer current. If
The buyer does not agree to the price increase, the seller reserves the right
withdraw from the Purchase Agreement.
3.12. Orders that have not been confirmed by e-mail can be cancelled. If so
The buyer will want to cancel the Order after the confirmation email, he will
necessary to Withdraw from the Purchase Agreement and proceed according to Article 5 of Commercial
Condition.
3.13. The buyer agrees to the use of remote communication means at
conclusion of the Purchase Agreement. Costs incurred by the Buyer during use
remote means of communication in connection with the conclusion of the Purchase
contracts (costs of internet connection, costs of telephone calls) si
is paid by the Buyer himself, while these costs do not differ from the base rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract
the buyer can pay the seller in the following ways:
in cash on delivery at the place specified by the buyer in the order;
through the PayPal payment system.
4.2. Together with the purchase price, the buyer is also obliged to pay the seller
costs associated with packaging and delivery of the goods in the agreed amount. If not
explicitly stated otherwise, is further understood as the purchase price as well as associated costs
with delivery of 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 4.5. terms of business regarding
the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. IN
in the case of cash on delivery upon receipt of the goods from the carrier, the operator
reserves the right to add the costs for cash on delivery equipment to the order price
according to the carrier's current price list.
When choosing to pay via the GoPay service, the buyer will be after completing the order
redirected to a third-party server, where he will be prompted to log into his
GoPay account. After verification of validity and sufficient balance on the GoPay account
the order will be confirmed and the purchase price deducted from the buyer's GoPay account.
4.5. The seller is entitled, especially if the buyer fails to do so
for additional confirmation of the order (Article 3.6), demand payment in full
purchase prices even before sending the goods to the buyer. The provisions of § 2119 par.
1 of the Civil Code shall not apply.
4.6. Possible discounts on the price of goods provided by the seller to the buyer are not possible
combine with each other.
4.7. Working day means all days with the exception of Saturdays, Sundays and national holidays
holidays and other holidays according to Act No. 245/2000 Coll., on public holidays, on
on other holidays, on important days and on non-working days in
wording of later regulations.
4.8. In the case of cash on delivery payment, the Seller ships the goods that are in stock
usually during the second working day after receiving the Order. At
for non-cash payment, the seller usually ships the goods in stock during
the following working day after crediting the relevant amount to the bank account
Account.
4.9. The seller can issue various discount coupons indicating the code that is
can also be claimed at the seller by a person other than the buyer. Financial amount
the amount as well as the validity is always recorded in writing on a specific
discount coupon or advertisement. Discount coupons and thus codes cannot be used interchangeably
do not combine or use at the same time.
4.10. The seller issues regarding payments made on the basis of the purchase contract
Buyer's tax document - invoice. the seller is the payer of VAT
values. Tax document - the invoice is issued by the seller to the buyer after
payment of the price of the goods and sends it in electronic form to electronic
address of the Buyer or at the same time as the goods.
4.11. According to the Sales Registration Act, the seller is obliged to issue to the buyer
the receipt. At the same time, he is obliged to register the received sales with the tax administrator
online; in the event of a technical failure, then within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that according to § 1837 of the Civil Code,
it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was
modified according to the wishes of the buyer or for his person, from the purchase contract o
the delivery of perishable goods, as well as goods that have been
delivery irrevocably mixed with other goods, from the purchase contract for delivery
goods in closed packaging, which the consumer removed from the packaging and hygienic
reasons it cannot be returned.
5.2. If this is not the case mentioned in Article 5.1 of the terms and conditions or another
the case when it is not possible to withdraw from the purchase contract, the buyer has in accordance with
by the provisions of § 1829, paragraph 1 of the Civil Code, the right from the purchase contract
to withdraw within fourteen (14) days of receiving the goods, while in the event that
the subject of the purchase contract is several types of goods or the delivery of several
parts, this period runs from the date of acceptance of the last delivery of goods. Cession
from the purchase contract must be sent to the seller within the specified period
in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer outside
others to the address of the seller's place of business or to an e-mail address
of the seller: info@aurosa.cz .
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions,
cancels the purchase contract from the beginning. The goods must be returned to the seller by
fourteen (14) days from the withdrawal from the contract to the seller. The goods must be
returned in original, undamaged condition. If the buyer withdraws from the purchase
contract, the buyer bears the costs associated with returning the goods to the seller,
even if the goods cannot be returned due to their nature
by regular mail.
5.4. In case of withdrawal from the contract according to Article 5.2 of the terms and conditions, it will be returned
the seller's funds received from the buyer within fourteen (14) days of
withdrawal from the purchase contract by the buyer, in the same way as it is
the seller accepted from the buyer. The seller is also entitled to return the performance
already provided by the buyer when the goods are returned by the buyer or in another way,
if the buyer agrees to it and no other problems arise for the buyer
costs. If the buyer withdraws from the purchase contract, the seller is not obliged
to return the received funds to the buyer before the buyer of the goods to him
returned in undamaged, original condition.
5.5. The seller is entitled to claim compensation for damage caused to the goods
unilaterally set off against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has, in accordance with the provisions of § 1829 paragraph 1
of the Civil Code, the seller also has the right to withdraw from the purchase contract
entitled to withdraw from the purchase contract at any time, up to the time of acceptance
goods to the buyer. In such a case, the seller will return the purchase price to the buyer
price without undue delay, and that is cashless to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, it is a gift contract
concluded between the seller and the buyer with the severance condition that
if the buyer withdraws from the purchase contract, the donation is forfeited
contract regarding such gift effect and the buyer is bound together with
to return the goods to the seller as well as the gift provided.
6. CARRIAGE AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is contracted on the basis of a special request
the buyer, the buyer bears the risk and any additional costs associated with it
with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the designated place
by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
6.3. In the event that the goods must be delivered for reasons on the part of the buyer
repeatedly or in a different way than was stated in the order, is
the buyer is obliged to pay the costs associated with repeated delivery
goods, or costs associated with another delivery method.
6.4. When taking over the goods from the carrier, the buyer is obliged to check
intactness of the packaging of the goods and in the event of any defects, this immediately
notify the carrier. In the case of finding a violation of the packaging testifying to
unauthorized intrusion into the shipment does not require the buyer to collect the shipment from the carrier
Assume.
6.5. Other rights and obligations of the parties during the transport of goods may be regulated separately
the seller's terms of delivery, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed
relevant generally binding legal regulations (especially provisions
Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and
Act No. 634/1992 Coll., on consumer protection, as amended
regulations).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. Especially
the seller answers to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, have
such properties as described by the seller or manufacturer or which
the buyer expected with regard to the nature of the goods and on the basis of advertising by them
conducted,
7.2.2. the goods are suitable for the purpose for which the seller states or for their use
to which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the contracted sample or
of the original, if the quality or design was determined according to the contracted sample
or templates,
7.2.4. is the goods in the corresponding quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions mentioned in Article 7.2 of the terms and conditions do not apply to goods
sold at a lower price for a defect for which a lower price was agreed upon, on
wear and tear of goods caused by their usual use, for used goods on
a defect corresponding to the degree of use or wear and tear that the goods had at
acceptance by the buyer, or if this results from the nature of the goods.
7.4. If a defect appears within six months of receipt, it is considered that the goods
it was already defective upon receipt. The buyer is entitled to exercise the right from a defect which
occurs for consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the buyer at the seller's address
establishment in which acceptance of the complaint is possible with respect to the product range
of the goods sold, possibly also at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's responsibility for
defects can be modified by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer
in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. For the out-of-court settlement of consumer disputes from the purchase contract
relevant Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00
Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz.
8.4. The seller is entitled to sell the goods on the basis of a trade license
authorization. It carries out trade inspection within its scope
the relevant trade office. Supervision of the area of personal data protection
performed by the Office for Personal Data Protection. the Czech trade inspection
supervises compliance within a defined scope, among other things
Act No. 634/1992 Coll., on consumer protection, as amended
Regulations.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765
paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of personal data is dealt with in a separate document entitled
"Privacy policy"
10. DELIVERY
10.1. The buyer can be delivered to the buyer's email address.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains international (foreign)
element, then the parties agree that the relationship is governed by Czech law. This is not what they are
affected consumer rights resulting from generally binding legal
Regulations.
11.2. If any provision of the terms and conditions is invalid or ineffective,
or becomes such, the invalid provisions shall be replaced by provisions,
whose meaning comes as close as possible to the invalid provision. Invalidity
or the ineffectiveness of one provision does not affect the validity of the others
Provision.
11.3. The purchase contract, including the terms and conditions, is archived by the seller
in electronic form and is not accessible.
11.4. The annex to the terms and conditions consists of a model form for withdrawing from
Purchase Contract.
11.5. Contact details of the seller: delivery address Pohořelec 140/15,
Prague 11800, Czech Republic, e-mail address: info@aurosa.cz ,
phone: +420 608 344 800.
In Prague on 25 April 2018
M.Sc. Martina Šmírová, MBA