Terms and conditions for the measureni-regulace.shop e-shop
1. Definition
In these terms and conditions:
" E-shop " means a computer program - an internet application that is available on the network via the internet address https://mereni-regulace.shop, the main functionality of which is the display, selection and ordering of goods by the User;
" Purchase Agreement " means a purchase agreement within the meaning of § 2079 and so on of the Civil Code concluded between the Operator as seller and the User as buyer through the E-shop;
" Shopping basket " means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
" Civil Code " means Act No. 89/2012 Coll., Civil Code, as amended;
" Operator " means Mr. Ing. Marcela Kubíčka, ID number: 71514031, with place of business Podbbrdy 75, 267 27 Podbrdy;
" Access data " means the unique login name and associated password entered by the User in the E-shop database during Registration;
" Registration " means the electronic registration of the User in the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and Accessdata and their subsequent storage in the E-shop database;
" User " means any legal or entrepreneurial natural person who uses the E-shop;
" Consumer " means the User - a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a Contract with the Operator or otherwise deals with him;
" User Account " means the part of the E-shop that is established for each User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
" Goods " means the thing offered by the Operator for sale to the User through the E-shop, and if the Goods are offered, also the license to use this thing;
2. Information for the User before concluding the contract
2.1 The e-shop at https://mereni-regulace.shop is not intended for Consumers, but only for Users ; violation of this provision by the Consumer does not create any obligations for the Operator in the sense of the provisions of § 1829 and so on of the Civil Code, especially on the possibility of returning goods within 14 days from the date of sale without giving a reason;
2.2 In the event of a request for Withdrawal from the Purchase Agreement by the User, the Operator must give consent; all related costs (packaging and shipping of goods to the address specified by the Operator, costs of putting the goods back on sale, administrative costs) are charged to the User; The Operator will return to the User the amount paid for the goods reduced by the amount for the above-mentioned costs*) only after it is established that the returned goods are undamaged; if the returned goods are damaged and this fact is notified to the User, the User is obliged to immediately take back the goods at his own expense; his obligation to pay the costs associated with the return of the goods and the costs incurred by the Operator are not affected by this.
*) reimbursement will be made in the form of issuing a discount coupon with an expiration of 365 days in the amount specified
2.3 Regarding the price of the Goods and the costs of transport and other charges, the following apply:
2.3.1 In the case of license agreements concluded for an indefinite period, the price of the license is negotiated for the entire duration of the license, unless otherwise stated.
2.3.2 The prices of the provided goods, provided services and licensed content are listed on the website including and excluding VAT, including all fees set by law, however the cost of delivering the goods or services varies depending on the chosen method and transport provider and the method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are paid exclusively by the User.
3. Contract conclusion process
3.1 Through the E-shop, the Operator offers Users the conclusion of a Purchase Agreement. The Operator's offer to conclude a Purchase Agreement is the display of a button marked "ORDER WITH PAYMENT OBLIGATION" in the user interface of the E-shop.
3 .2 Clicking on the given button marked "ORDER WITH PAYMENT OBLIGATION" is deemed to be unreserved acceptance of the Operator's offer to conclude a Purchase Agreement according to paragraph 3.1 of these Terms and Conditions.
3.3 By unreserved acceptance of the offer according to paragraph 3.2 of these Terms and Conditions, the Purchase Agreement is concluded.
3.4 The contract is concluded at the moment when the electronic information about clicking the button in the sense of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
3.5 The user undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular his e-mail address, identification data and, where appropriate, address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not authorized to check the data entered.
3.6 The Operator will send the User an e-mail message about the conclusion of the Purchase Agreement, to the e-mail address entered by the User in the relevant field in the E-shop user environment.
3.7 All Goods presented within the user environment of the E-shop are only informative and the Operator is not obliged to conclude a Contract regarding these Goods. The provisions of § 1732, paragraph 2 of the Civil Code do not apply.
4. Purchase contract
4.1 Upon conclusion of the Purchase Agreement, the following provisions become effective:
4.1.1 The User purchases from the Operator the Goods that the User has chosen in the user environment of the E-shop by placing them in the Shopping Basket, in the quantity that the User has chosen and/or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the goods in question the price that is indicated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement for any reason or without stating a reason until the moment the Goods are sent to the User. The right to withdraw from the Purchase Agreement is also consideredexternal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.
4.1.3 The Operator is entitled to ask the User for additional confirmation of the order at any time and is entitled to delay sending the Goods to the User until he receives confirmation of the order from the User.
4.1.4 The method of packing the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
4.1.5 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the given goods to the User, in the amount specified for the given order in the user environment of the E-shop.
4.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary payments to the Operator.
4.1.7 If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the given payment in the user environment of the E-shop.
4.1.8 In case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol determined by the Operator.
4.1.9 In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account. If the non-cash payment is not credited to the Operator's account within 3 working days from the conclusion of the Purchase Agreement and this does not happen even after the User is notified by the Operator, the Operator has the right to withdraw from the Purchase Agreement and perceive the User's actions as a violation of these Business Terms and Conditions with all consequences.
4.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of Goods can be combined with each other, unless expressly stated otherwise.
4.1.11 The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the costs of the User.
4.1.12 The Operator reserves the right of ownership to the Goods, which are the subject of the Purchase Agreement, until full payment of the purchase price for the Goods in question by the User.
4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All deadlines for the delivery of Goods listed in the user interface of the E-shop are indicative only.
4.1.14 The Operator will always send the User a tax document - an invoice in electronic form, to the User's email address entered during the order in the E-shop User Environment.
4.1.15 If the Operator together with the Goods provides the User with a gift, the gift agreement between the User and the Operator is concluded with the severance condition that if the Purchase Agreement is terminated (e.g. for withdrawal from the Purchase Agreement), the gift agreement shall terminate without further from the beginning together with the Purchase Agreement and the User is obliged to return the provided tax along with the goods to the Operatoryear
4 .1.16 The Operator provides the User with a warranty for the Goods, if the warranty period is specified for the Goods in the user environment of the E-shop, for the duration of the specified warranty period, while the warranty thus specified applies only to the Consumer.
4.1.17 The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its registered office or place of business. The moment the claim is made is considered the moment when the Operator receives the claimed Goods from the User.
4.1.18 If, within the user environment of the E-shop, it is stated that the Goods are used, the User purchases the Goods in a used condition, including the stated defects of such Goods.
4.1.19 Risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Agreement. is transferred to the User at the moment of acceptance of the given goods by the User.
5. User account
5.1 The User has the right to establish a User Account by Registration.
5.2 The User is obliged to enter Access Data before entering the User Account.
5 .3 Even the identification data of the User entered during Registration are considered to be the data entered when ordering each Product, which the User places after logging into his User Account.
5.4 The User may not provide access data or any other access to the User Account to third parties. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact immediately. The Operator will provide the User with new access data within a reasonable period of time.
5 .5 In the case of User Registration, the conditions of § 1752, paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; will notify the User of the change through the E-shop and/or by e-mail message to the User's e-mail address entered in the E-shop database. The User has the right to reject changes to the Terms and Conditions within 14 days from the first login to the User's account after notification of changes to the Terms and Conditions (if delivery is via the E-shop) or from the delivery of the given e-mail message to the User's e-mail box (if if delivered by e-mail message) and the obligation for this reason to give notice within a period of 14 days, which the contracting parties agree is sufficient to procure similar services from another supplier.
6. Claims procedure
6.1 The Operator is responsible to the User that the Goods are free of defects upon receipt.
6.2 If the Goods contain defects, the User has the right to demand the delivery of new Goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the User can only demand the replacement of the given part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6 .3 The User has the right to supply a new Product or replace a part even in the case of a removable defect, if the Product cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the User has the right to withdraw from the Purchase Agreement.
6 .4 If the User does not withdraw from the Purchase Agreement or does not exercise the right to the delivery of new Goods without defects or to the replacement of its component or to the repair of the Goods, he may request a reasonable discount. The User has the right to a reasonable discount even in the event that the Operator cannot deliver new Goods without defects, replace its component or repair the Goods, as well as in the event that the Operator does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the User.
6. 5 The User does not have the right from defective performance if the User knew before taking over the Goods that the Goods had a defect, or if the User himself caused the defect.
6. 6 The Operator's liability for defects in the Goods does not extend to wear and tear of the Goods caused by its usual use, in the case of Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, in the case of used Goods for a defect corresponding to the degree of use or wear that the Goods had when the User took them over , or if it follows from the nature of the Goods.
6 .7 If a warranty is provided for the Goods, the User has the right to claim liability for defective performance during the warranty period.
6.8 At the User's request, the Operator is obliged to provide the User with a warranty certificate. If the nature of the Goods allows it, instead of a warranty certificate, it is sufficient to issue the User with a proof of purchase of the Goods containing data, which must contain the data as a warranty certificate. The warranty card must contain the first and last name, name or business name, ID number and registered office of the Operator.
6.9 In the event that the User exercises his right to eliminate defects in the Goods by repairing them for the purposes of warranty repairs designated entrepreneur different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the User, the User will exercise the right to warranty repair at this entrepreneur.
6.10 Complaints about Goods, including the removal of defects in the Goods, must be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless the Operator and the User agree on a longer period. After this period expires, the User has the same rights as if there had been a material breach of the Agreement.
6.1 1 The expiry of the period for handling the complaint is set in the event that the Operator has not received all theassets needed to settle the claim, until such time as the documents are delivered.
6. 12 The Operator or an entity designated by him shall, after proper handling of the complaint, invite the User to take over the repaired Goods.
6. 13 The right to exercise rights due to defects in the Goods expires in the case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the case of unprofessional handling of the Goods, i.e. in particular when the Goods are used in conditions that do not match the parameters specified in the documentation for the Goods.
7. Protection of personal data
7.1 The operator is obliged by law to protect and secure the provided personal data. The operator therefore uses various effective security technologies to protect personal data from unauthorized access or use.
7.2 More detailed information on personal data protection can be found in the Personal Data Protection Policy here: https://mereni-regulace.shop/content/7-ochrana-osobnich-udaju
8. Use of the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
8.2 The operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
8 .3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for a period of time absolutely necessary for reasons of maintenance or repair of the E-shop or for any other reason on the part of the Operator or a third party.
8 .4 The user is obliged to comply with the valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate in full for any damages that the Operator or third parties may incur in this way.
8 .5 When violation of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account and deny the User the possibility of creating another account.
9. Statement of the Operator
9.1 The operator declares that data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
9 .2 Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods in the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, it contacts the User and informs him of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Agreement is canceled from the beginning.
9 .3 The User acknowledges that the photos of the Goods in the E-shop may be illustrative or may create a distorting impression as a result of their conversion to display in the User's technical means, therefore the User is obliged to always familiarize himself with the full description of the given Goods and, in case of ambiguity, to contact the Operator .
9 .4 Contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the section https://mereni-regulace.shop/napiste-nam .
10. Governing Law
10.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the legal order of the Czech Republic, in particular the Civil Code.
11. Effectiveness
11.1 These Terms and Conditions enter into force on 1 January 2021.