General Business Conditions
Revenium, z. s.
- These general business conditions (further referred to as “business conditions“) are published according to § 1751 and further Law number 89/2012 Sb., civic law (further referred to as “civil law“)
Revenium, z. s.
identification number: 06589383
VAT identification number: CZ06589383
residing in: Špitálka 91/23, Trnitá, 602 00 Brno
registered in the association register administered by the Regional Court in Brno, section L, number 23373
(further referred to as “seller“)
- These business conditions clarify mutual rights and duties of the seller’s and natural person’s that enters the contract outside their business purpose as a consumer or within their business purpose (further referred to as “buyer“) via web interface placed at at the www.revenium.cz website (further referred to as “online shop“).
- The provisions of the business conditions are necessary part of the sales contract. Deviating provisions in the sales contract take precedence over the provisions of these business conditions.
- These business conditions and this sales contract are entered in Czech language/English language.
Goods and Prices Information
- The goods information, including the publication of the prices of individual goods and their main characteristics are publishedk at each item in the online shop catalogue. The prices of the goods are published including the value-added tax. The prices are valid as long as they are displayed in the online shop. This provision does not exclude entering a sales contract under individually negotiated conditions.
- The whole presentation of the goods placed in the online shop catalogue has an informative character and the seller is not obliged to enter a sales contract with regards to these goods.
- In the online shop, information about costs related to the goods packaging and delivery is listed.
- Eventual discounts off the purchase price of the goods cannot be mutually combined unless agreed otherwise with the buyer.
Order And Entering A Sales Contract
- Costs incurred for the buyer upon using remote means of communication with regards to entering a sales contract (costs of the Internet connection, telephone calls costs) are paid by the buyer themself. These costs do not differ from the standard rate.
- The buyer realises an order of the goods these ways:
- through their customer account if they have previously registered in the online shop,
- filling in a form without registration.
- When the buyer places an order, they choose goods, its quantity, methods of payment and of delivery.
- Before an order is sent, the buyer can check and change details that have been put in. The buyer sends the order to the seller by clicking ……. button. The data displayed in the order are considered valid by the seller. The condition of validity of the order is filling in all mandatory data in the order form and buyer’s confirmation that they read these business conditions.
- Immediately after receiving an order, the seller sends the buyer a confirmation of receiving the order to the email address the buyer provided when making an order. A sales contract is entered once the seller confirms an order to the buyer’s email address.
- In case any of the products mentioned in an order cannot be fulfilled by the seller, they send a changed offer to the buyer and their email. The changed offer is considered a new sales contract proposal and, in such case, a sales contract is entered when the buyer confirms accepting this offer to the seller to the email address listed in these business conditions.
- All orders accepted by the seller are binding. The buyer may cancel the order until they receive an announcement of the order acceptance by the seller.
- In case an apparent technical error appears on the side of the seller when the price of goods in the online shop is listed, or in the process of ordering, the seller is not obliged to deliver the buyer the goods for this completely and apparently erroneous price even in case the buyer was sent an automatic confirmation of receiving the order according to these business conditions. The seller informas the buyer about the error without any undue delay and sends the buyer to their e-mail address a changed offer. he changed offer is considered a new sales contract proposal and, in such case, a sales contract is entered when the buyer confirms accepting this offer to the seller to the email address listed in these business conditions.
- On the basis of registration at the online shop, the buyer may access their customer account. From their account, they may order goods. The buyer may also order goods without the registration.
- When registering for the customer account and ordering goods, the buyer is obliged to provide correctly and truthfully all the details. The details displayed in the customer account must be updated by the buyer if they are changed in any way. The buyer’s details provided in the customer account and in the order of goods are assumed by the seller to be correct.
- Access to the customer account is secured by a username and password. The buyer is obliged to not disclose the information necessary for their customer account access. The seller is not responsible for eventual abuse of the customer account by third parties.
- The buyer is not allowed to enable third parties to use the customer account.
- The seller may cancel the customer account, especially if the buyer does not use for longer time or if the buyer breaks their duties outlined in the sales contract and these business conditions.
- The buyer bears in mind the customer account does not have to be accessible without uninterruptedly, especially with regards to necessary maintenance of the seller’s hardware and software tools, eventually necessary maintenance of third parties’ hardware and software tools.
Payment Conditions and Goods Delivery
- The price of goods and eventual costs related to its delivery according to the sales contract can be paid by the buyer in following ways:
- by bank account transfer to the seller’s account, that is, account number 115-5689490267/0100, administered by Komerční banka,
- by card,
- in cash or by card in person
- in cash or by card in person at a shipment station.
- Together with the price of payment, the buyer is obliged to pay the seller costs related to the goods packaging and delivery in an agreed amount. Unless stated otherwise further, the payment price is understood including costs related to the goods delivery.
- In case of cash payment, the payment price is due when the goods are received. In case of bank transfer, the payment price is due until 7 days from entering the sales contract.
- In case of payment via payment gateway, the buyer follows the respective electronic payment provider’s instructions.
- In case of bank transfer, the buyer’s obligation to pay the payment price is fulfilled once the corresponding amount is credited to the seller’s bank account.
- The seller does not require any deposit nor any equivalent payment from the buyer. Payment of the payment price before sending goods is not a deposit.
- Goods is delivered to the buyer:
- to the address in an order, designated by the buyer,
- via shipment station to the address of a shipment station indicated by the buyer
- The means of delivery is chosen when goods are being ordered.
- Costs of goods delivery depending on the means of its dispatch and receiving are stated in the buyer’s order and the seller’s confirmation of the order. In case the means of transport is based on a contract on the basis of the buyer’s special request, the buyer bears a risk and eventual further costs related to this means of transport.
- If the seller, according to a sales contract, is obliged to deliver goods to a place designated by the buyer in the order, the buyer is obliged to take the goods upon delivery. In case it is necessary, because of reasons on the buyer’s side, to delivery repeatedly or in a way different to what was stated in the order, the buyer is obliged to pay costs related to the goods repeated delivery or, respectively, the costs related to the other way of delivery.
- When taking goods from the carrier, the buyer is obliged to check the compactness of the goods package and, in case a fault occurs, they are obliged to announce this without any delay to the carrier. In case the fault of the package is found and points to an unauthorised access to the package, the buyer is not obliged to take the delivery from the carrier.
- The seller issues a tax document – an invoice – to the buyer. The tax document is sent to the buyer’s email address.
- The buyer assumes property right to the goods by paying the payment price in full for the goods, including delivery costs, but no earlier than upon taking it. The responsibility for accidental damage, destruction or loss of goods moves onto the buyer once the goods are assumed or in the moment when they buyer was obliged to assume the goods, but did not do so, despite that the sales contract bound them to.
- The buyer that entered a sales contract outside their commercial activity as a consumer has a right to withdraw from the contract.
- The deadline for the contract withdrawal is 7 days
- from the day of assuming goods,
- from the day of assuming the last goods delivery if more kinds of goods or a delivery of more parts are the subject of the contract,
- from the day of assuming the first goods delivery if the subject of the contract is a repeated goods delivery.
- The buyer cannot, except from other things, withdraw from the sales contract:
- regarding service provision if the service was fulfilled with their prior explicit consent before the contract withdrawal deadline passed and the seller had communicated to the buyer before the contract was entered that, in such case, they do not have a right to withdraw from the contract in such case,
- regarding goods delivery or service whose price depends on financial market deviations independently on the seller’s will and which cannot happen during the deadline for the contract withdrawal,
- regarding alcoholic goods delivery which may be delivered no earlier than after a period of thirty days and whose price depends on financial market deviations independently on the seller’s will,
- regarding delivery of goods that were arranged according to the buyer!s wish or for their person,
- regarding delivery of goods that is prone to a quick destruction as well as goods that was irreversibly mixed with other goods after it was delivered,
- regarding delivery of goods in a closed cover that was taken from the cover by the shipper and it is not possible to give it back because of hygienic reasons,
- in other cases outlined in § 1837 of the civil law.
- In order to comply with the deadline for contract withdrawal, the buyer must send a declaration of contract withdrawal within the deadline for contract withdrawal.
- The buyer sends the contract withdrawal to the seller’s e-mail or physical address outlined in these business conditions. The seller confirms the buyer the delivery of the withdrawal without any delay.
- The buyer that withdrew from the contract is obliged to return the goods to the seller within 14 days from the contract withdrawal to the seller. The buyer bears the costs related to the goods return to the seller, even in case the goods cannot be returned for its character via usual post communication.
- If the buyer withdraws from the contract, the seller returns them, without any delay, but within 14 days from the contract withdrawal, all financial means (without delivery costs) that they received from them and the same way. The seller returns the buyer accepted financial means another way only if the buyer agrees to it and if no further costs are incurred to them.
- If the buyer withdraws from the sales contract, the seller is not obliged to return the buyer accepted financial means earlier than when the buyer gives them the goods or proves they sent it to the seller.
- The goods must be returned to the seller by the buyer without any damage, loss of quality caused by extensive usage nor dirt and, if possible, in an original cover. An entitlement to the compensation for a damage made to the goods may be credited once by the seller against the buyer’s entitlement to the payment price return.
- The seller may withdraw from a sales contract because of outsold stocks, unavailability of goods, or when a producer, shipper or deliverer of goods interrupted the production or delivery of the goods. The seller informs, without any delay, the buyer via email given in the order and returns all the financial means, including delivery costs that were received from them on the basis of the sales contract the same way, eventually a way designated by the buyer, within 14 days from the announcement of the contract withdrawal.
Rights Resulting from Defective Performance
- The seller reports to the the buyer that the goods upon assuming has no damage. The seller especially reports to the buyer that, at the time the buyer assumed the goods:
- the goods has characteristics the parties have agreed on and if an agreement misses, it has characteristics that the seller or producer described or which the buyer expected with regards to the goods characteristics and on the basis of an advertisement made by them,
- the goods fits the purpose the seller provides or for which the goods is usually used,
- the goods corresponds with its quality or production to an agreed sample or a model if the quality or production was determined according to an agreed sample or a model,
- the goods exists in a relevant quantity, measure or weight, and
- the goods meets legal requirements.
- If a defect appears within one month from the buyer’s assumption of goods, it is assumed that the goods already received defects when taken by the buyer. The buyer may apply a right of defect which appears at a consumer product within twenty-four months from assumption. This rule is not applied to goods sold for a lower price resulting from a defect for which a lower price was agreed, from an extensive usage affecting the state of goods caused by its usual usage; for used goods, resulting from a defect corresponding to the level of usage or extensive usage affecting its state which the goods had when assumed by the buyer or if it is implied by the goods characteristics.
- In case a defect appears, the buyer may propose the seller a complaints form and request:
- a change for new goods,
- a goods reparation,
- an adequate discount off the payment price,
- to withdraw from the contract.
- The buyer has a right to withdraw from the contract
- if the goods has a fundamental defect,
- if they cannot use the goods properly because of a reappearance of the defect or defects after reparation,
- if more defects occur.
- The seller is obliged to accept the complaints form in any outlet where it is possible to accept complaints form, eventually also in the headquarters or the business place. The seller is obliged to to release a personal confirmation to the buyer where they state when the buyer applied the right, what the subject of the complaint is, and which way of addressing the complaint the buyer requests as well as the date confirmation and confirmation of the way of dealing with the complaint, including a confirmation of reparation and its length, eventually a written statement of the reason of a complaint denial.
- The seller or a worker delegated by them makes a decision about the complaint immediately, eventually within ten working days if the cases are complex. This deadline does not contain an appropriate period according to a kind of the product or service necessary for a professional check of the defect. The complaint, including the defect fixation, has to be handled without any delay, at most within 60 days from the day of making a complaint unless the seller and the buyer agree on a later deadline. If the deadline passes and the obligations are not met, it is considered a serious offense to the contract and the buyer has a right to withdraw the sales contract. The moment for making a complaint is a moment when the buyer delivers their will (making a complaint for defective fulfilment) to the seller.
- The seller informs the buyer about the outcome of the complaint process in a written way.
- The right resulting from a defected fulfilment does not apply to the buyer if the buyer knew before the assuming of the item that the item has a defect, or if the buyer caused the defect themself.
- In case of a rightful complaint, the buyer has a right to a compensation of purposefully spent costs that resulted from making a complaint. This right may be applied by the buyer towards the seller within a one-month deadline after the guarantee period passes.
- The choice of making a complaint belongs to the buyer.
- The rights and duties of the contractual parties with regards to the rights resulting from defective fulfilment adhere to § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the civil law, and law number 634/1992 Sb., on customer’s protection.
- The contractual parties may mutually deliver all their written correspondence electronically.
- The buyer delivers the seller correspondence to the e-mail address provided in these business conditions. The seller delivers correspondence to the e-mail address given in their customer account or in an order.
Dispute Resolution Mechanism
- For dispute resolution mechanism resulting from conflicts within a sales contract, Czech Trade Inspection Authority is a designated institution. Its headquarters are located in Štěpánská 567/15, 120 00 Praha 2, identification number: 000 20 869, Internet address: https://adr.coi.cz/cs. The platform for online resolution of conflicts at http://ec.europa.eu/consumers/odr may be used when solving conflicts between the seller and the buyer based on the sales contract.
- The European Consumer Centre Czech Republic, residing at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the contact place according to the European Parliament and the (EU) Council n. 524/2013 from 21st May 2013, on online dispute resolution for consumer disputes and amending regulation (EC) n. 2006/2004 and directive 2009/22/ES (Regulation on Consumer ODR).
- The seller is authorised to sell goods on the basis of a business license. A business check is carried out by a respective trade licensing office within its local authority. The Czech Trade Inspection Authority carries out, among other duties, supervision over adhesion to law n. 634/1992 Sb., on customer protection, within its defined scope.
- All provisions between the seller and the buyer adhere to the laws of the Czech Republic. If the relationship based on a sales contract contains an international element, then the parties agree that the relationship adheres to the laws of the Czech Republic. This way, the consumer’s rights implied by commonly binding laws are not affected.
- The seller is not bound by any behavioural codes towards the buyer in the sense of provision § 1826, paragraph 1, letter e) of the civil law.
- All rights to the seller’s websites, especially content copyright, including the website’ layout, photos, films, graphics, watermarks, logo, and other content and elements, belongs to the seller. It is prohibited to copy, edit or otherwise use the website or its part without the seller’s consent.
- The seller does not bear responsibility for errors that resulted from interventions of third parties to the online shop or from its use against its purpose. The buyer must not, upon using the online shop, use ways that could have negative impacts on its traffic and must not do any activity that could enable them or third parties to intervene or use programme equipment or other parts of the online shop in an unauthorised way and use the online shop or its part or software equipment in a way that would be against its purpose or aim.
- From now onwards, the buyer assumes the risks of changes of circumstances in the sense of § 1765 of paragraph 2 of the civil law.
- The sales contract including business conditions is archived electronically by the seller and is not accessible.
- The business conditions may be changed or amended by the seller. With this provision, the rights and duties created for the period of validity of previous business conditions are not affected.
- Attached to these business conditions is a specimen form for contract withdrawal.
These business conditions are valid from 1 May 2019.