The present General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") apply to contracts concluded via the Amylon e-shop at www.amylon.cz (hereinafter referred to as the "Web Interface") by and between
Amylon, a.s., with its registered office at Švermova 117, 580 01 Havlíčkův Brod,
ID No. 60108771,
VAT No. CZ60108771
enrolled in the Register of Companies maintained by the Regional Court in Hradec Králové, Section B, Entry 1012
Delivery address: Amylon a.s., Ronov nad Sázavou 13, 582 22 Přibyslav
Tel. 420 569 430 384
Contact email: email@example.com
as the Seller
and you, as the Buyer
- INTRODUCTORY PROVISIONS
With a purchase contract, we undertake to supply to you the goods referred to in the order, and you undertake to accept the goods (either in person, or via a carrier) and pay to us the purchase price specified in the order. The purchase price (hereinafter referred to as the "Price") includes all costs associated with the delivery of the goods and any fees associated with the selected payment method. At all times, you will be communicated the amount of the costs before a binding order is placed.
You will acquire the title to the goods after the payment of the full purchase price, yet in any event, only after you accept the goods.
- Does the purchase contract only apply to the goods?
For the purposes hereof, the purchase contract (or "contract") denotes any agreement entered into under the present Terms and Conditions. Therefore, a contract may also be for services.
- Is the purchase contract a consumer agreement?
The contract represents a consumer agreement if you are a consumer, i.e. a natural person, and if you are not buying the goods as part of your line of business or as part of the independent pursuit of your employment. Otherwise, the contract is not a consumer agreement and you are not eligible for consumer protection as provided for under the relevant legal regulations and the present Terms and Conditions. As a non-consumer, you specifially do not have the right to terminate the contract without cause.
- What rights do you have as a consumer?
As a consumer, you particularly have the following rights:
- the right to terminate a contract entered into using means of remote communication, such as over the phone, by e-mail or via e-shop (Article 5 of the present Terms and Conditions);
- the right to warranty for any consumer goods with the minimum duration as shown on the packaging of the goods or at the Web Interface. Applying the warranty rights is governed by the Complaints Procedure;
- the right to receive information prior to the conclusion of any contract (the information is provided in these Terms and Conditions or at the Web Interface);
- the right to settle any consumer dispute arising from the contract out of court (Article 7.3 of the present Terms and Conditions).
- What is our legal relationship governed by?
Our legal relationship is governed by the following governing documents:
- these Terms and Conditions, which define and detail our mutual rights and obligations;
- the Complaints Procedure, which will be followed for any complaints against the goods;
- the Conditions of Use for the Web Interface, which regulate registration at the Web Interface, personal data protection, Web Interface content protection and some other relationships related to the use of the Web Interface;
- the conditions and guidance provided at the Web Interface, especially with regard to the establishment of contracts;
- the order and its acceptance by us, and the following legal regulations as regards any issues not regulated hereunder:
- Act No. 89/2012 Coll., Civil Code, as in force (hereinafter referred to as the "Civil Code");
- Act No. 634/1992 Coll., concerning consumer protection, as amended (as long as you are a consumer).
If your place of residence or your registered office is outside the Czech Republic, or if our legal relationship involves any other international element, you consent to our relationship being governed by Czech law. As long as you are a consumer and the legal system of the country of your residence provides a higher level of consumer protection than the Czech legal system, you will be provided with this higher level of protection in our legal relationships.
- How do you express your consent to the Terms and Conditions?
By placing your order and, also, by subscribing to the disclaimer at the Web Interface, you confirm that your are familiar with and consent to the Terms and Conditions.
We may amend or add to the wording of the Terms and Conditions. Your rights and responsibilities shall at all times be governed by the version of the Terms and Conditions in force at the time when the rights and responsibilities started to apply.
- PURCHASE CONTRACT
- How do we conclude a purchase contract?
The Web Interface contains a list of goods including descriptions of each item's principal properties. The price, including all taxes, customs and charges, is shown next to each item of the goods. The manner in which the goods are presented is indicative only; the presentation may not be regarded as our proposal for a purchase contract within the meaning of Section 1732(2) of the Civil Code. In order to establish a contract, you must place, and we must accept, an order.
- How to place an order?
You can place an order at any time via the Web Interface (by completing a form), or over the phone, by e-mail or in any other manner we provide for based on the updated information given at the Web Interface.
An order must contain all information specified in the form, especially the detailed designation of the goods ordered (or their numerical code), the number of units, the selected payment and transport methods and your contact details (delivery and, where relevant, invoicing details).
Before placing a binding order, you will be shown a summary of your order including the total price (depending on the selected transport and payment methods). We especially recommend checking the type and quantity of the goods and the e-mail and delivery addresses. At the summary stage, you have the last chance to adjust the data you have entered.
A binding order is placed by pressing the "Order" button. We regard the data provided in the binding order as correct and complete. Please inform us of any changes in the data without undue delay by phone or email.
We will inform you as soon as we receive your order. The notification (confirmation) of the receipt of your order is sent automatically, and it does not constitute our acceptance of your order unless the confirmation expressly states otherwise.
We may contact you in order to check your order if we have any doubts as regards its authenticity or seriousness. Unverified orders may be refused. Such orders shall then be regarded as if they had not been placed.
- When is the contract concluded?
A purchase contract is deemed established once you receive our acceptance of your order. The confirmation of acceptance of your order will be sent to the email address you have entered in the order. If your order is not accepted, the contract is deemed established once you pay the full purchase price or accept the ordered goods (whichever comes first). The order acceptance may be part of the notification of receipt of your order, see Article 2.2 of the present Terms and Conditions (if expressly stated in the confirmation), or may follow separately after the confirmation.
Information regarding specific technical steps leading to the establishment of a contract is provided at the Web Interface.
- Is it possible to withdraw an order that has already been sent?
An order we have not yet accepted (i.e. the receipt of which we have not yet confirmed as specified under Article 2.3 of the present Terms and Conditions) may be cancelled over the phone or by email. All orders are binding once accepted. After that, an order may only be cancelled after an agreement with us. If you intend to cancel an order we have accepted, please contact us over the phone or by email. If, as described above, an order is cancelled in the case of goods, in respect of which it is impossible to withdraw from the contract (for details see Article 5), we may claim compensation of the costs we have already incurred in connection with the contract.
- Can the prices given at the Web Interface change?
The prices of the presented goods and those of the packaging, transport and delivery apply as long as they are shown at the Web Interface. Individual discounts from prices of the goods may not be combined unless the Web Interface expressly states otherwise.
In the event we make anevident technical mistake in the price given for specific goods at the Web Interface or during the ordering process, we are not obligated to supply the goods at this evidently erroneous price, even if you receive an order acceptance as described under the present Terms and Conditions. If that is the case, we reserve the right to withdraw from the contract.
If the price shown for the goods at the Web Interface or at any time during the ordering process ceases to apply, we will promptly inform you of that. If your order has not yet been accepted, we are under no obligation to establish a contract.
The placed orders shall be unaffected by any price revisions that occur between the sending of the order and its acceptance by us in accordance with Article 2.3 of the present Terms and Conditions.
- Is it possible to get the contract in a text form?
The contracts are not established in writing with signatures of the contracting parties. The contract consists of the present Terms and Conditions, your order and our acceptance thereof. The entire contract will be sent to you by email or, printed out, by post. If the contract is sent by post, you may be asked to cover the associated costs.
- What happens if you do not understand anything in the contract?
Should you have any questions regarding the Terms and Conditions, you may contact us over the phone or by email. We will be happy to provide you with all information required.
- In what languages may the contract be concluded?
The contract may be concluded in Czech unless we expressly agree on another language.
- Where is the contract saved?
The contract (including the present Terms and Conditions) is archived in electronic form. The contract is not accessible to third parties, but may be sent to you on request.
- PAYMENT TERMS
- What payment methods do we accept?
The purchase price may in the first place be paid in cash on dispatch, cash on delivery or cash upon personal collection.
Other payment methods are given at the Web Interface.
Some payment methods (typically cash on delivery) may be charged additionally. The charges are available at the Web Interface. An order must always include the final price, which includes the charges associated with the selected payment method.
- At what point does the purchase price become mature?
For cash payment, the price is payable on acceptance of the goods.
- In what currency can you pay?
The goods may be paid for in Czech Crowns (CZK).
- When can we ask for an advance deposit or an advance payment?
We may typically require an advance payment in respect of the purchase price for orders where the overall price exceeds CZK 5,000.
Also, we may ask you to pay the full price of the goods before the latter are dispatched or transmitted to you (the provisions under Section 2119(1) of the Civil Code shall not be applied).
- DELIVERY TERMS
- How we send the goods?
The delivery methods for the goods are detailed at the Web Interface. A specific delivery method may be selected in the order. If you do not select a transport method, we may do so.
- What are the costs of delivery of the goods?
The costs of delivery of the goods always depend on the size and nature of the goods and the selected carrier's pricelist. The current costs of delivery of the goods are provided at the Web Interface.
The order will always show the final price, which includes the costs of the selected transport method.
- When will the goods be delivered to you?
The delivery period always depends on the availability of the goods and the selected transport and payment method.
Goods on stock are generally shipped within two business days of accepting your order (for cash on delivery or cash at the personal collection).
Goods that are not held on stock are shipped as soon as possible. We will inform you of the exact date.
Under the present Terms and Conditions, goods delivery denotes the exact moment the goods are delivered to you. Your unjustified refusal to accept the goods shall not be construed as our failure to deliver the goods, or as your withdrawal from the contract.
- How to proceed when accepting the goods?
When accepting the goods, check the consignment for the integrity of the packaging. . If you identify any deficiencies, please promptly inform us and the carrier. Your refusal to accept a consignment due to damaged packaging shall not be regarded as unreasonably refusing to accept the goods.
The responsibility for accidental degradation of, damage to or loss of the goods passes to you as soon as you accept the goods (or as soon as you become obligated to accept the goods, but fail to do so in conflict with the contract).
- What happens if you do not accept the goods?
If, due to reasons attributable to you, the goods must be delivered repeatedly or in another way than that we agreed upon, you shall bear the costs associated with such repeated delivery.
If you unreasonably fail to accept the goods, we may claim compensation of the costs associated with the delivery or storage of the goods, as well as other costs we may incur as a result of your failure to accept the goods. The costs shall not exceed CZK 10 for each day of the storage. The costs of storage may not exceed the maximum amount of CZK 500, or the acquisition cost if the latter is lower than CZK 500.
Moreover, we may withdraw from the contract in such a case.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
- How can you withdraw from a contract?
You may withdraw from a purchase contract within 14 days of receiving the goods and, if the delivery is divided into several parts, of the acceptance of the last delivery. We recommend sending the notice of withdrawal from the purchase contract to our delivery address or e-mail. A sample form may be used to withdraw from the contract. We will confirm receipt of the notice without undue delay.
You do not have to justify the withdrawal in any way.
- What consequences does the withdrawal have?
Once a notice of withdrawal is served, the contract is rescinded altogether and is regarded as if it never existed.
If you received a gift along with the goods, the gift contract ceases to apply with the withdrawal from the contract by either party. Please send us the gift back along with the goods being returned.
- When is it impossible to withdraw from the contract?
In accordance with Section 1837 of the Civil Code, it is impossible to withdraw from the contract if any of the situations referred to below occur:
- supply contracts for perishable goods as well as goods that were irreversibly mixed with other goods after delivery;
- supply contracts for goods in sealed containers, which you have removed from the container and which may not be returned due to sanitary considerations.
- In what way can you return the goods to us?
You must return the goods to us within 14 days of your withdrawal from the contract to our delivery address, to any outlet or to the address of our registered office. Do not mail the goods through cash on delivery. We are not obligated to accept goods sent through cash on delivery.
We recommend that the following be affixed to the goods being returned:
- a copy of a delivery note and of an invoice as long as such documents have been issued, or an equivalent document attesting to the purchase of the goods;
- a written notice of withdrawal from the contract (using our form, or otherwise) and information on the preferred refund method (bank transfer, personal collection of cash, or voucher, or other). The notice of withdrawal should include a delivery address, phone number and email.
Failure to present any of the aforementioned documents shall not preclude the positive administration of your withdrawal under the statutory conditions in force.
- When will you get your money back?
All amounts received will be returned to you within 14 days of your withdrawal from the contract. Please note, though, that we are not obligated to return your money before you return the goods to us or provide evidence that you have sent the goods to us.
In addition to the purchase price, you also have the right to receive back the cost of delivery of the goods to you. However, if you chose other than the cheapest delivery method we are offering, you will only be refunded the costs of delivery of the goods that amount to the most economical delivery method offered.
We will return your money to you:
- in the same way we received it from you, or
- using the method of your choosing.
In addition to the methods listed above, the money may also be refunded by being wired to a bank account you communicated to us, or the account from which the money was previously wired to us as payment of the purchase price (unless you communicate any other bank account within ten days of the withdrawal). By accepting these Terms and Conditions, you consent to being wired the money referred to under the previous clause unless we incur any extra costs as a result.
The costs associated with the sending of the goods being returned to our address are to be borne by you even if the goods may not be returned by regular mail due to their nature
- When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following situations:
- an evidently incorrect price of the goods (Article 2.5 of the present Terms and Conditions) has been posted at the Web Interface due to a technical error;
- due to objective reasons (mainly because the goods concerned are no longer produced, the supplier has ceased to supply them to the Czech Republic, etc.), it is impossible to supply the goods under the original conditions;
- the supply is rendered objectively impossible or illegal;
In the event any of the aforementioned scenarios apply, we will promptly inform you of our withdrawal from the contract. The notice of withdrawal shall take effect with regard to you as soon as you receive it.
If you have already paid a part of or the full purchase price, you will be refunded for the amount received by bank transfer to the account you have communicated to us for this purpose, or to that from which you made the payment. The money will be refunded within five days of our withdrawal from the purchase contract.
- DEFECT LIABILITY RIGHTS
Your defect liability rights shall be governed by the relevant generally applicable legal regulations, especially the provisions under Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
If defect liability rights are applied, we are going to follow our Complaints Code. Before sending a complaint, please carefully read through the Complaints Procedure in order to expedite the resolution of your complaint as much as possible and to your satisfaction.
- FINAL PROVISIONS
- What licences do we have for our activity and who is overseeing us pursuing our business?
We are authorised to sell goods under a trade licence. Our activity is not subject to any further licensing.
Our trading is monitored by the competent Trade Office within its jurisdiction. Our compliance with legal regulations relating to technical requirements for the goods and their safety is monitored by the Czech Trade Inspection Authority (http://www.coi.cz/). The Czech Trade Inspection Authority also oversees our adherence to the consumer protection legislation. Consumer rights are also defended by consumers' interest associations and other consumer protection entities. Compliance with legal regulations concerning food is monitored by the Czech Agriculture and Food Inspection Authority (http://szpi.gov.cz/).
- How do we process complaints?
We process any complaints via our contact email. You may also turn to the entities listed under Article 7.1. With regard to our customers, we are not obligated to adhere to any codes of conduct, nor do we follow any of them.
- What rights do you have in the event of a consumer dispute?
If you are a consumer and a dispute arises between us in the context of a contract, which we do not succeed in resolving directly, you may refer the dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát ‒ oddělení ADR, Štěpánská 15, 120 00 Praha 2; website: www.coi.cz, www.adr.coi.cz; email: firstname.lastname@example.org; phone: +420 296 366 360) in order to achieve an out-of-court resolution of the consumer dispute. You may only apply this right within 1 year of first applying with us the right that is the object of the consumer dispute.
In order to lodge a complaint regarding goods or services you have bought from us, and to find an alternative dispute resolution body, you may also use the European Commission's online platform at: http://ec.europa.eu/consumers/odr/.
- What else should you know?
Remote communication means (especially the Internet) are used when establishing contracts. You are responsible for the costs of using these remote communication means (especially the costs of Internet connection or phone calls) The costs are charged at regular rates.
Unless agreed otherwise, all our mutual correspondence related to the contract will take place in writing, either through email messages, registered surface mail or by personal delivery. We will send the correspondence to the email address entered in the order or provided at your user account.
If any provision of the present Terms and Conditions is (or becomes) void, null or unenforceable, it shall be replaced by a provision that is closest with its meaning to the void, null or unenforceable provision. The invalidity, nullity or unenforceability of a single provision shall have no effect whatsoever on the validity of the remaining provisions. A contract (including the Terms and Conditions) may only be amended or added to in writing.
The present Terms and Conditions come into force and take effect on6. 9. 2016