Terms and Conditions
of MP JET s.r.o. with registered offices at Lazenská 578, 37311 Ledenice, Czech Republic, business ID: 26041251, company entered in the Commercial Register maintained by the Municipal Court in České Budějovice, section C, file 10780, for selling goods via e-shop located at webpage www.mpjet.com/shop
1. INTRODUCTORY PROVISION
1.1. These Terms and conditions (“Terms and conditions”) of MP JET s.r.o. company, with registered offices at Lazenská 578, 37311 Ledenice, Czech Republic, business ID: 26041251, company entered in the Commercial Register maintained by the Municipal Court in České Budějovice, section C, file 10780, (the “Seller”) regulate in accordance with § 1751 paragraph. 1 of Act No. 89/2012 Coll., The Civil Code (the “Civil Code”) mutual rights and obligations of contractual parties arising in connection with or on the basis of a contract of sale (the “Purchase Agreement”) concluded between the Seller and another individual (the "buyer") through the Seller's Internet Store. The online store is operated by the seller on a web site located at the Internet address: www.mpjet.com/shop (the “Webpage”), through the web interface (the “Web interface of the store”).
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal person or a person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. The provision differing from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take priority over the Terms and conditions.
1.4. Business terms and conditions are an inseparable part of the sales contract. The Purchase Agreement and the Terms and conditions are written in Czech or English language. The purchase contract can be concluded in Czech or English language. In the case of any discrepancies between the two language versions, the Czech version will prevail.
1.5. The seller may change or supplement the Terms and conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous terms of business terms.
2. USER ACCOUNT
2.1. Based on buyer registration made on the website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of goods (the "user account").
2.2. When registering on the website and ordering goods, the buyer is obligated to state all information correctly and truthfully. The details given in the user account are obligatory for the buyer to be updated upon any change. The buyer's details on the user account and the ordering of the goods are considered correct by the seller.
2.3. Access to the user account is secured by the user name and password. The buyer is required to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 2 years, or if the buyer breaches his obligations under the sales contract (including Terms and conditions).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller or third parties.
3. CONCLUDING OF THE CONTRACT OF SALE
3.1. All presentations of the goods placed in the web interface of the store are of an informative character and the seller is not obliged to conclude a purchase contract for these goods. § 1732 paragraph 2 of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. 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 web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract on individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods.
3.4. To order the goods, the buyer will fill out the order form in the web interface of the store. The order form includes, in particular, information about:
1. ordered goods (buyer "puts" the ordered goods into the electronic shopping cart of the web interface of the shop),
2. the method of payment of the purchase price of the goods, details of the required means of delivery of ordered goods and
3. information on the costs associated with the delivery of goods (collectively referred to as the "Order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, even with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "Order with an obligation to pay" button. The data listed in the order are deemed correct by the seller. The Seller will acknowledge the Order with a receipt to the buyer via e-mail to the buyer's email address listed in the user account or in the order (the "buyer's electronic address").
3.6. The seller is always entitled to ask the buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
3.7. The contractual relationship between the seller and the buyer origins with the delivery of an order confirmation (acceptance) sent by the seller to the buyer via e-mail to the buyer's e-mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred to the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are covered by the buyer himself, and they do not differ from the basic rate.
3.9. The order can be cancelled without a reason within 24 hours, by phone or e-mail. It is necessary to provide the name, e-mail, order number or description of the ordered goods or service.
The usual delivery time is from 3-21 days, unless stated otherwise. If, for objective reasons, it is not possible to meet this time, the anticipated delivery date will be announced.
If necessary, unused and undamaged goods can be exchanged for another type. In this case the buyer will send the goods by registered mail to the address of the seller. The costs associated with the exchange are borne by the buyer in full.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The buyer may pay the price of the goods and any costs associated with delivering the goods under the sales contract to the seller in the following way:
In advance by online card payment (MasterCard/Visa) with the card details entered by the buyer and recorded by the specific bank to be used for future payments (this option can be cancelled by the purchaser)
In advance by using PayPal transfer to seller’s account
4.2. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
4.3. The seller does not require an advance or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of non-cash advance payments, the purchase price is payable within 7 days of the purchase contract being concluded.
4.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol (= order number). In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, in particular, in the event that the Purchaser fails to make an additional order confirmation (article 3.6), to claim the full purchase price before the goods are sent to the Buyer. Section § 2119 paragraph. 1 of the Civil Code does not apply.
4.7. The discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is common in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax invoice to the buyer in respect of payments made under the purchase contract. The seller is a taxpayer of value added tax. Tax document - the invoice - is issued by the seller to the buyer after payment of the price of the goods and sent or handed over to the buyer together with the goods or in an electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE BUYER’S CONTRACT
5.1. The Buyer notes that under § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish, from the purchase contract for the delivery of goods subject to rapid perishable goods, after the delivery has been irreversibly mixed with other goods, the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it cannot be returned, and from the purchase contract for the supply of a sound or image record or a computer program if the original packaging does not remain intact.
5.2. If the case is not referred to in Article 5.1 of the Terms and conditions or in another case when the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, Article 1 of the Civil Code, fourteen (14) days after receiving the goods without any reason, where, in the case of several types of goods or the delivery of several parts, the purchase period runs from the date of the last delivery of the goods. Withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an attachment to the Terms and conditions. Withdrawal from the sales contract may be made by the buyer, to the address of the seller's office or to the seller's email address: mpjet@mpjet.com.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Terms and conditions, the purchase contract is cancelled from the beginning. Goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by their normal postal route.
5.4. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the purchaser within 14 (fourteen) days of the withdrawal from the Purchase agreement in the same manner as the seller has accepted from the purchaser. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows proof that he has sent the goods to the seller.
5.5. The seller is entitled to charge compensation for any damage on the returned goods to the buyer against the claim for repayment of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the sales contract in accordance with the provisions of § 1829, Article 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such case the seller shall return the purchase price without unnecessary delay to the buyer, without charge, to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost on the gift and the buyer is obliged to return the goods together with the seller provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
Available here.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding defective performance rights are governed by applicable, generally binding legal regulations (in particular the provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Col., of Consumer Protection Act, as amended).
7.2. The seller is responsible to the buyer that the goods has no defects. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
1. the goods have properties that the parties have negotiated and, in the absence of an arrangement, have 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,
2. the goods are suitable for the purpose which the seller indicates or to which goods of this type are usually used,
3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
4. the goods are in the appropriate quantity, degree or weight,
5. the goods comply with the requirements of the legislation.
7.3. The provisions of 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 has been agreed, for the wear and tear of the goods due to their normal usage when received by the buyer, or if it results from the nature of the goods.
7.4. If a defect occurs within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four (24) months from the takeover.
The right to defective performance does not apply to defects occurring by:
1. normal use
2. incorrect use of the product
3. incorrect storage
4. failing to comply with permitted operating parameters
7.5. Rights to defective performance are claimed by the buyer at the seller's address at the registered office of the company.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
7.7. Procedure for any claim or return of goods:
1. the buyer informs the seller by telephone, email or in writing – the template form for claiming can be used (link here)
2. the buyer sends the goods by registered mail (not with cash on delivery) to the address of the seller
3. in the event of a claim, the buyer shall state the reason
4. the buyer shall attach a proof of purchase of the goods in this shop
7.8. Complaints will be settled within 30 days of receiving of the goods by the seller. Removal of a defect in goods that is the subject of a legitimate and properly claimed complaint can be done by exchanging, repairing, or refunding the purchase price.
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 code of behaviour in relation to the buyer within the meaning of § 1826 paragraph 1 letter. e) of the Civil Code.
8.3. Potential disputes between the seller and the buyer may be settled out of court for example by means of the Czech Trade Inspection Authority, with registered offices at Štěpánská 567/15, 120 00 Praha 2, business ID 000 20 869, webpage: www.coi.cz.
8.4. The seller is authorized to sell the 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. Supervision of the personal data protection area is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, to a limited extent, the supervision of observance of the Consumer Protection Act Nr. 634/1992 Sb., as amended.
8.5. The buyer hereby takes on the risk of changing the circumstances within the meaning of § 1765 paragraph. 2 f the Civil Code..
9. DATA PROTECTION REGULATION
All information on the protection of personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council (the "Regulation") can be found in this "Privacy Statement"
10. STORING COOKIES
10.1. The buyer agrees to store cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without cookies being stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11. DELIVERING
11.1. Notices relating to the relationship between the seller and the buyer, particularly regarding withdrawal from the sales contract, must be delivered by Post in the form of a registered letter, unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via Post, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
11.2. A receipt is also deemed to have been delivered if the receipt was rejected by the addressee, which was not picked up during the storage period or was returned as undeliverable.
11.3. The parties may send a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer's user account or the specified buyer in the order, or to the address given on the seller's website.
12. FINAL PROVISIONS
12.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms of Business is invalid or ineffective, or if it happens, instead of invalid clauses, a provision will be enforced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.3. The Purchase Agreement, including the Terms and conditions, is archived by the seller in an electronic form and is not accessible.
12.4. The attachment to Terms and conditions are sample forms for withdrawal (link here) and for claims (link here)
12.5. Contact information of the seller:
1. Address for delivery:
MP JET s.r.o.
Lazenská 578
37311 Ledenice
Czech Republic
2. E-mail address:
mpjet@mpjet.com
3. Phone/fax:
+420 387410167
In Ledenice on: 01.02.2020
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Laws and regulations:
- Act. No. 455/1991 Coll. about business
- Act. No. 634/1992 Coll., on consumer protection
- Act. No. 101/2000 Coll. on the protection of personal data
- Regulation (EU) 2016/679 of the European Parliament and of the Council