General Terms and Conditions
THE SELLER AND OPERATOR OF THE INTERNET PORTAL:
DAMEDIS, s. r. o.
Registered office at Křenová 89/19, Brno, 602 00, Czech Republic
Company ID No.: 269 31 664, VATIN: CZ26931664
The company is registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 46416
Responsible Manager: Ing. Aleš Brůžek
Phone number (customer line): +420 544 527 001
- These General Terms and Conditions define and specify the rights and obligations of the Seller and the Buyer (hereinafter also referred to as the ‘Customer’) in the framework of contractual relations concluded through the DAMEDIS, s.r.o. online store available on www.damedis.cz (hereinafter referred to as the ‘Online Store’). The Buyer has the opportunity to get acquainted with these General Terms and Conditions prior to submitting their order and will be informed of them well in advance in doing so.
- Consent to the General Terms and Conditions and the Complaints Procedure
The provisions of these General Terms and Conditions are an integral part of the Purchase Agreement. By submitting the order, the Buyer confirms that prior to the conclusion of the Purchase Agreement they became acquainted with these General Terms and Conditions and that they unreservedly agree with them in the version valid and effective at the time of submitting the order.
The Customer of the Online Store is the Buyer. In view of the applicable legislation, a distinction is made between a buyer who is a consumer, i.e. a natural person who, when concluding and performing a Purchase Agreement, does not act as part of their business activities or as part of the independent exercise of their occupation (hereinafter also referred to as ‘Buyer/Consumer’), and a buyer who is not a consumer, i.e. a person who, when concluding and performing a Purchase Agreement, acts as part of their business activities or as part of the independent exercise of their occupation (‘Buyer/Entrepreneur’). If the Customer provides their identification number in the order, they acknowledge that the rules set out in these General Terms and Conditions for the Buyer/Entrepreneur apply to them.
ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
- Conclusion of a Purchase Agreement
The Buyer can make a purchase of goods from the Online Store from the Seller via an electronic order – by placing the goods in the cart. The proposal to conclude a Purchase Agreement is the placement of the goods offered by the Seller on the website of the online store. The Purchase Agreement is based on the submitting of the order by the Buyer and the acceptance of the order by the Seller. The Seller undertakes to carry out this acceptance by sending a confirmation email confirming the receipt of the order to the Buyer to the Buyer’s email address entered when ordering the goods, by telephone to the telephone number entered when ordering the goods or by sending an electronic order. All confirmed orders of goods made via the Online Store are binding on the Buyer and Seller.
- The condition for the validity of the Buyer’s electronic order is to fill in all the data and particulars required in the order form, including the Buyer’s email address, to which a confirmation email of receipt of the order will be sent.
- Personal data provided by the Buyer in the order form are used only for sending the ordered goods and for communication with the Customer.
- Ownership of the goods
The ownership of the goods is transferred to the Buyer only after full payment of the purchase price for the goods and its acceptance. By taking over the goods, the risk of damage passes to the Buyer. Damage to items arising after the transfer of the risk of damage to items to the Buyer does not affect their obligation to pay the purchase price unless the Seller caused the damage by violating their obligation.
- Place of delivery
The place of delivery of the goods is the address specified by the Buyer in the order form.
- Consent of the Buyer to the use of means of distance communication
The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using means of distance communication (costs of internet connection, costs of telephone calls) are borne by the Buyer.
- Seller’s right to cancel the order
The Seller reserves the right to cancel the order or part of it before the conclusion of the Purchase Agreement in cases where the goods are no longer produced or supplied or the price of the goods has changed significantly. If the Buyer has already paid part or all of the purchase price for the goods, this amount will be returned to their account and the Purchase Agreement will not be concluded in this case.
- Order cancellation
If the Buyer makes a cancellation of the order, the Seller considers the order to be cancelled. Cancellations can be made by calling 544 527 001 or by email to firstname.lastname@example.org. The Buyer’s name, email and order number must be provided when cancelling an order. In the event of cancellation of a confirmed order, the Buyer is obliged to reimburse the Seller for proven costs incurred in connection with the order.
- The Buyer chooses the method of payment when executing the order in the order form. The price of the goods and any costs associated with the delivery of goods according to the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
in cash upon receipt of the goods;
payment in advance - by bank transfer to the Seller’s account (account number: 2108114084/2700). The Buyer is obliged to use the order number as a variable symbol. The purchase price thus paid must be credited to the Seller’s account before the goods are delivered to the Buyer;
by other means as agreed by the Parties.
- Some major business partners may receive various turnover bonuses for meeting turnover targets. These terms are always individually agreed directly with the business partner.
- Price of goods
The prices of goods listed in the Online Store are final, i.e. including all other taxes and fees that the Consumer has to pay in order to obtain the goods. Along with the purchase price, the Buyer is obliged to pay the costs associated with the delivery of the goods (postage, transport, cash on delivery) in the amount specified in Article IV(2) of these General Terms and Conditions, unless otherwise agreed. Unless expressly stated otherwise, the purchase price shall further include the costs associated with the delivery of the goods.
TERMS OF DELIVERY
- Place of delivery
The goods will be delivered to the Buyer to the place specified in the order or to the selected Seller’s collection point.
- Cost of delivery
The cost of delivery of the goods is governed by the amounts specified in the order form for individual methods of transport. Prices for transport are inclusive of all taxes and fees.
- Repeated delivery
If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer is obliged to meet the costs associated with the repeated delivery of the goods and/or the costs associated with the other means of delivery.
- Name of goods
The delivered goods may be delivered under a different name than that specified in the Online Store (e.g. due to a change of name by the manufacturer), provided that the quality, description, properties and appearance of the goods correspond to the offer given in the Online Store, only the name of the goods differs.
- Checking the condition of the consignment upon receipt of the goods with the carrier
Immediately upon delivery of the goods, the Buyer is obliged to check with the carrier the condition of the consignment according to the enclosed consignment note, in particular the number of packages and damage to the box. The Buyer is entitled to refuse to accept a consignment that is not in accordance with the Purchase Agreement due to the fact that the consignment is, for example, incomplete or damaged. If the Buyer accepts a damaged consignment from the carrier, it is necessary to describe the damage in the delivery note and notify the Seller of this fact by phone at 544 527 001 or by email to email@example.com within 2 business days. Failure to do so would put the Buyer at risk that any subsequent complaints will not be accepted.
RIGHT OF WITHDRAWAL OF THE BUYER/CONSUMER
- In the event that the Purchase Agreement is concluded by means of distance communication, the Buyer/Consumer has the right to withdraw from the concluded Purchase Agreement within 14 days from the receipt of the goods without giving a reason.
- Given that in the event of withdrawal from the Purchase Agreement, the Purchase Agreement shall be cancelled from the beginning, the Seller shall return or replace all received payments to the Buyer and the Buyer to the Seller.
- Withdrawal from the Purchase Agreement
If the Buyer/Consumer withdraws from the Purchase Agreement pursuant to Article V(1), they shall notify the Seller of this fact by phone, email or in writing to the address DAMEDIS, s.r.o., Brno, Křenová 89/19, 602 00. Upon withdrawal, the Buyer/Consumer is obliged to provide the order number, date of purchase, account number for refund and submit the original or a copy of the proof of purchase of the goods. Consignments from which it is not apparent why they were sent to the Seller will be returned to the sender. Please fill in the Notice of Withdrawal form.
- Return of goods
In the event of withdrawal from the Purchase Agreement pursuant to Article V(1), the Buyer/Consumer undertakes to hand over or send the goods back to the following address immediately after withdrawal from the Purchase Agreement, no later than within 14 days of withdrawal: DAMEDIS s. r. o., Brno, Křenová 89/19, 602 00, where the Seller will assess the condition of the returned goods without undue delay. The Seller is entitled to wait with the return of the purchase price of the goods until it receives the returned goods according to Article V(5). To get a full refund, the goods sent back to the Seller must be in intact condition, undamaged, complete (including accessories and all documents provided). If the goods returned to the Seller are incomplete, damaged or visibly worn, the Seller may demand compensation from the Buyer/Consumer. The Buyer/Consumer is obliged to compensate particularly the costs related to restoring the goods to their original state and the damage to the goods. Reimbursement of these costs and damages shall be made by reducing the purchase price, which is returned by the Seller in the event of withdrawal, by these costs and damages accordingly.
In the event of withdrawal from the Purchase Agreement pursuant to Article V(1), the Seller is obliged to return to the Buyer/Consumer the paid financial amounts, including the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered by the Seller, no later than 14 days from the date on which it was informed of the decision of the Buyer/Consumer to withdraw from the Purchase Agreement. The Seller is entitled to wait with the return of the purchase price of the goods until it receives the returned goods from the Buyer or until the Buyer proves that they have sent the goods to the Seller. The same method of payment used by the Buyer/Consumer to make the initial transaction shall be used for the refund, unless the Parties agree otherwise. In the case of cash payment, the funds paid will be returned to the Buyer/Consumer in cash at the Seller’s branch office at DAMEDIS s. r. o., Brno, Křenová 89/19, 602 00, unless the Parties agree on another way of returning the funds.
- Costs associated with the return of goods
In the event of withdrawal from the Purchase Agreement pursuant to Article V(1), the Buyer/Consumer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
RIGHT OF THE SELLER TO WITHDRAW FROM THE AGREEMENT
- The Seller has the right to withdraw from the Purchase Agreement if the performance becomes impossible and if it does not agree with the Buyer on a new performance. If there was a significant change in the exchange rate of the foreign currency or a change in the price or the delivered range of products on the part of the supplier during the time the goods were ordered, the Seller has the right to modify the order in agreement with the Buyer or unilaterally withdraw from it with immediate effect. The same right is reserved by the Seller even if the manufacturer ceases to supply the ordered product or introduces a new version of the product on the market or significantly changes the price of the product.
- The Seller is also entitled to withdraw from the Purchase Agreement in the event of unavailability of the goods, a significant change in the purchase price of the goods or in the event of an evident error in the price of the goods (i.e. price clearly different from the price for this type of goods). In this case, the Seller will immediately contact the Buyer to agree on further action. If the Buyer has already paid part or all of the purchase price, this amount will be credited back to their account or sent in the form of a postal order to their address as soon as possible.
RIGHTS DERIVING FROM INADEQUATE PERFORMANCE
- The rights and obligations of the Parties regarding the rights deriving from inadequate performance and the procedure in the event of a complaint of goods shall be governed by the relevant generally binding regulations.
- An invoice shall be attached to each item. The Customer confirms the receipt of the goods by signing the delivery note. If goods are not collected in person, goods are deemed accepted at the moment of receipt by the Buyer from the carrier.
- Submission of a complaint
The Buyer may submit a justified complaint using one of the following options:
- By recorded delivery to DAMEDIS, s. r. o., Brno, Křenová 89/19, 60200
- By delivery in person
- By transport with a contracted carrier
- Documents for the assessment of the complaint
The Buyer is obliged to state and deliver:
- First name, surname of the Buyer
- Telephone number and email of the Buyer
- Order number
- Accurate description of defects
- Claim (solution proposal)
- Account number for possible refund
- Detailed photo of damage
- Document the ownership of the goods (an invoice and delivery note are delivered upon receipt of the goods).
- The Buyer’s obligation to provide cooperation
The Buyer undertakes to provide cooperation to the Seller in the event of a complaint. In the event of delivery of insufficient documents or information for the assessment of the complaint, the Seller is obliged to inform the Buyer about the need to submit further documents or information without undue delay, no later than within 2 days from the date of the Buyer filing the complaint. If the Buyer fails to provide the required documents, they will not provide cooperation to the Seller and the Seller will not be able to assess or decide on the complaint. The deadline for the decision and settlement of the complaint provided for by law and these Complaints Regulations does not run during the period of the Buyer’s delay with the delivery of the missing documents.
- The Buyer does not have the right deriving from inadequate performance if the Buyer knew before the receipt of the item that the item was defective or if the Buyer caused the defect.
- The claim for liability for defects expires in the following cases when the defect was caused by:
- improper installation, handling or operation, use contrary to the user manual
- use of goods in conditions that do not correspond to the parameters specified in the documentation
- goods were damaged by external events, such as the elements
- goods were damaged by excessive load or use contrary to the conditions specified in the documentation.
- The Seller is not liable for defects resulting from improper use of the product or its improper installation.
- Quality upon receipt of the goods
The Seller is responsible to the Buyer for the item having no defects upon receipt. The Seller is responsible to the Buyer particularly for the following at the time when the Buyer took over the item:
- the item has the properties agreed on by the Parties and, in the absence of an agreement, such properties as the Seller or the manufacturer described or expected, taking into account the nature of the goods and the advertising carried out by them
- the item is fit for the purpose specified by the Seller for its use or for which it is usually used
- the item corresponds to the quality or execution of the contracted sample or template, if the quality or execution was determined according to the contracted sample or template
- the item is in appropriate quantity, amount or weight and the item complies with all legal requirements
PERSONAL DATA PROTECTION
- All personal data are stored in accordance with the applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and in accordance with Regulation (EU) 2016/679 of 27 April 2016.
- Data on purchases and customer behaviour will be used only for the legal needs of the server operator.
- The Seller collects personal data of Customers, namely their name, address, telephone number and email address. These data are used primarily to facilitate communication with Customers, complaint procedures and for marketing purposes. The data are not transferred to a third party without the data subject’s consent. The Customer is entitled at any time to request the complete erasure of their data and to ‘be forgotten’ by email to firstname.lastname@example.org or by calling +420 544 527 001. People under the age of 16 are not allowed to use our services.
- By accepting these General Terms and Conditions, the Buyer has no objections to the collection and processing of the above-mentioned personal data for the purpose of performing the subject matter of the concluded Purchase Agreement. Use for the Seller’s marketing purposes, i.e. sending commercial communications, telemarketing and information text messages, is subject to their consent by ticking the appropriate box. The Seller declares that all personal data provided by the Buyer in the order form are confidential and will be used only to perform the Purchase Agreement with the Buyer and the Seller’s marketing events and will not be otherwise disclosed, provided to a third party, etc., except in the situation related to the distribution or payment regarding the ordered goods (communication of the name and delivery address to the carrier for the purpose of trouble-free delivery of the consignment).
- The Seller undertakes to act in such a way that the data subject does not suffer harm to their rights, in particular the right to the preservation of human dignity, and to protect against unauthorized interference with the personal and private life of the data subject.
- The Buyer has the right to access their personal data and the right to rectification in the manner set out in these General Terms and Conditions, including the right to request clarification and removal of the malfunction and other legal rights to such data.
- Individual agreements are archived by the operator after their conclusion in electronic form and are accessible only to the operator of the store.
- The Seller declares that it has a system for the protection of personal data of data subjects in accordance with Regulation (EU) 2016/679 of 27 April 2016.
- These General Terms and Conditions are valid in the wording given on the pages of the Seller’s website on the day the electronic order is sent by the Buyer. By submitting an electronic order, the Buyer accepts, without reservation, all the provisions of the General Terms and Conditions and the valid price of the ordered goods, including the costs of delivery specified in the catalogue of the Online Store, unless otherwise agreed in a specific case.
- All contractual relations between the Buyer and the Seller arising from the conclusion of the Purchase Agreement under these General Terms and Conditions are governed by the laws of the Czech Republic.
- These General Terms and Conditions are drawn up only in the Czech language. The Purchase Agreement may be concluded only in the Czech language.
- These General Terms and Conditions are valid for all Purchase Agreements concluded between the Seller and the Buyer. The Parties may agree in writing on other terms. In such a case, the Purchase Agreement of the Parties shall prevail over these General Terms and Conditions.
- Handling of the Buyer’s complaints is provided by the Seller via the telephone number 544 527 001 or by email email@example.com. The Seller will send the Buyer information on the processing of their complaint to the Buyer’s email address.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- The Seller is authorised to sell goods on the basis of a trade licence. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to a limited extent, inter alia, the observance of Act No. 634/1992 Coll., on Consumer Protection, as amended.
Our company reserves the right to withdraw from the security guarantee in the event of an attack of the server by an unknown perpetrator (hacker). In this case, we cannot guarantee the above rules of data handling.
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