All purchase contracts concluded between Denis Čišič, ID:73390453, based in V Hájku 63, 31200 Plzeň, Czech Republic (hereinafter referred to as the Seller) and natural or legal persons (hereinafter referred to as the Buyer) through the server www.CDRmarket.eu (hereinafter referred to as the website) are governed by these General Terms and Conditions of Sale (hereinafter referred to as the GTC), which are an integral part of each concluded purchase contract.
These GTC govern the purchase and sale of goods listed on the website in the "offer" section (hereinafter referred to as the goods) and the relationship between the seller and the buyer. By registering or by placing an order, the buyer agrees to these GTC. The Seller is entitled to unilaterally change or cancel these GTC. The new GTC enter into force and effect on the date of their publication on the website.
Goods from the E-shop offer can be ordered by the buyer in the "guest" mode or in the "registered user" mode. The "guest" mode is used for a one-time purchase of goods without the buyer having to create a permanent registration account on the website. In case the Buyer orders goods in the "guest" mode, he is obliged to correctly enter all the payment (billing) details required by the system, delivery details, choose the method of delivery of the goods and the method of payment in the "Shopping cart" section of the "Payment" section. Without providing the data required by the system, the order cannot be executed. Should the Buyer provide false or incorrect data in his order, he shall be liable to the Seller for any related damages that may arise. The "registered user" mode is mainly used for repeated ordering of goods on the website. If the Buyer wishes to order goods in the "Registered User" mode, he is obliged to register on the Website in the "Login or create an account" section. In the registration form, the Buyer is obliged to truthfully provide all the data required by the system. Without providing the information required by the system, the Buyer cannot be registered. Should the Buyer provide false or incorrect information in the registration form, the Buyer shall be liable to the Seller for any related damages that may arise. For the placement of individual orders by the registered buyer, the similar facts mentioned above for the "guest" mode apply. The system is simply understood as an automated order or registration form that the buyer fills in on the website.
Sending a duly completed order leads to the conclusion of the purchase contract (acceptance of the seller's proposal). The Seller processes orders received by him only on working days. On the basis of the processed order, the Seller shall send to the Buyer to the electronic address specified in the order, no later than within two working days from the date of receipt of the order, a confirmation of this order with information on the time limit and related conditions of delivery of the goods. Information about the individual technical steps leading to the conclusion of the contract is clear from the ordering process in our online shop and the buyer has the opportunity to check and, if necessary, correct the order before actually sending it. After entering all contact details and placing the desired goods in the so-called basket, the buyer sends/confirms the order.
The buyer is entitled to cancel his/her order by written notice sent to the electronic address (e-mail) or postal address of the seller specified in point 14 of these GTC. The written notice of cancellation of the order must be specific and comprehensible (it must contain at least the name, surname and address of the Buyer, the order number and the name of the goods ordered) and must be demonstrably delivered to the Seller no later than 12.00 noon of the working day following the day on which the Buyer received the order confirmation (point 4. above). In the event of cancellation of the order, the Seller shall send the Buyer a confirmation of cancellation of the order by e-mail. For the order cancellation confirmation, the provision of point 4. of these GTC shall apply mutatis mutandis.
Order binding
Each order is binding according to the Civil Code. If the buyer does not collect the order sent on delivery (the argumentation of non-acceptance of the shipment such as "no delivery notice was received" and others can be considered as expedient, since the customer is always informed that the shipment is sent to him), he is obliged to pay the costs incurred with the shipment of goods and the handling fee (the cost of sending the shipment), the total amount of these costs (contractual penalty) is 20 €. Please note that all unpaid debts (unpaid contractual penalties and handling fees) will be forwarded for collection, including all related costs and interest for late payment. The payment details required to pay the contractual penalty will be sent to you electronically.
The prices of the goods on offer on the website include 20% VAT and are updated from time to time. The goods will be sold to the buyer at the price valid at the time of ordering. The Seller reserves the right to change the prices of the goods without prior notice. The quoted price of the goods does not include postage and packing.
The seller shall deliver the ordered goods to the buyer to the place specified by the buyer in his order in the manner accepted by the seller in the order confirmation, no later than within the period specified by the seller in the order confirmation (point 4. above). The seller shall sell the tax document (invoice) for the goods to the buyer as soon as the purchase price of the goods has been paid. If the goods are to be delivered by public carrier at the Buyer's request, the tax document (invoice) will be sold to the Buyer together with the goods at the delivery address specified by the buyer in the buyer's order.
If the buyer would pick up the goods in accordance with his order in person at the selected store, he shall pay the purchase price of the goods in cash, possibly by credit card, directly at the cash desk of the selected store. If the goods are delivered to the Buyer in accordance with his order by a public carrier, the Buyer shall pay the purchase price of the goods (+ postage and packing) directly to the public carrier upon delivery of the goods. If the Buyer does not take delivery of the ordered goods delivered by a public carrier, even within a possible storage period, the Buyer shall be obliged to pay the Seller all costs and possibly also the damages thus incurred. If the Seller demands this on the basis of a specific contractual penalty proposal, the Buyer's consent is required.
The buyer acquires the ownership right to the goods only at the moment of full payment of the purchase price of the goods. If the Buyer collects the goods in accordance with his/her order in person at the selected shop, the liability for damage to the goods shall pass to the buyer at the moment of receipt of the goods from the seller.a
The price of shipping and packaging will be quoted by the seller in the order confirmation (point 4. above). The postage and packing costs are listed in the shipping options section of the shop.
Complaint procedure According to the Civil Code, the buyer has the right to claim liability for defects within 24 months of receipt of the goods. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any damage, notify the carrier immediately. In the event of any damage to the packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier. If the buyer discovers defects upon receipt of the goods, he must notify the seller without undue delay. The complaint notice must contain the date of delivery, the name of the product, the quantity claimed, a description of the defect and a proposal for resolving the complaint. The complaint will be resolved within 30 days of its submission. The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer with the Seller at the address indicated on the invoice or in the contact section. The rights and obligations of the contracting parties with regard to the Seller's liability for defects, including the Seller's warranty liability, are governed by the relevant generally binding regulations (established by Act 250/2007 Coll.). These are detailed below: Rights from defective performance The Buyer is entitled to exercise the right from a defect that occurs in the consumer goods within a period of twenty-four months from the date of acceptance. In the case of second-hand goods, the period for exercising the rights of defective performance may be reduced to 12 months (this will be indicated on the sales receipt. If the period of time during which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in the advertisement in accordance with other legislation, the provisions of the guarantee of quality shall apply (see guarantee of quality). If the Buyer so requests, the Seller shall confirm to the Buyer in writing (hereinafter referred to as "confirmation") to what extent and for how long the Seller's obligations in the event of defective performance shall continue. The seller has obligations from defective performance at least to the extent to which the obligations from defective performance of the manufacturer last.The right from defects cannot be exercised in the following cases: a) in the case of a thing sold for a lower price due to a defect for which a lower price was negotiated, b) for wear and tear of the thing caused by its normal use, c) in the case of a second-hand thing for a defect corresponding to the degree of use or wear and tear that the thing had when it was taken over by the buyer, or it results from the nature of the thing. The Seller declares that it sells the goods to the Buyer in accordance with the Consumer Protection Act , i.e.: (a) the goods have the characteristics agreed between the buyer and the seller and, in the absence of agreement, such characteristics as the seller or the manufacturer described or the buyer expected having regard to the nature of the goods and on the basis of the advertising carried on by them; (b) the goods are fit for the purpose for which the seller states or for which a thing of that kind is usually used; (c) the goods are goods in the appropriate quantity, measure or weight; and (d) the goods comply with the requirements of the law. If the item does not have the aforementioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in most cases if the defect can be rectified without undue delay, the buyer is entitled to have the defect rectified free of charge. The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after the repair or due to a greater number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to have a new, defect-free item delivered, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace a part or repair the item, as well as if the seller fails to remedy the defect within a reasonable period of time or if remedying the defect would cause significant problems for the consumer. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect. If the thing has a defect for which the seller is obliged and it is a thing sold at a lower price or a second-hand thing, the buyer has the right to a reasonable discount instead of the right to have the thing replaced. The rights from defects shall be exercised with the seller from whom the item was purchased. However, if the receipt indicates another person designated for repair who is closer to the seller or the buyer in the location, the buyer shall exercise the right to repair with the person who is designated to carry out the repair. The person so designated to carry out the repair shall carry out the repair within the time limit agreed between the seller and the buyer when the item was purchased. This also applies to the notification of a defect covered by a guarantee (see further the guarantee for quality). An item is defective if it is not delivered in the agreed quantity, quality and workmanship or in a quality and workmanship suitable for the purpose clear from the contract. The performance of another thing shall also be deemed to be a defect. Defects in the documents necessary for the use of the thing shall also be deemed to be a defect. The buyer's right from defective performance is based on a defect which the thing has when the liability for damages passes to the buyer and which becomes apparent only later. The buyer's right shall also be established by a defect which arises at a later date and which is caused by the seller's breach of duty. The seller's obligations under the guarantee for quality are not affected. The buyer's rights arising from defective performance shall not be affected if the defect is caused by the use of the item sold by the buyer to the seller. This does not apply if the seller proves that he brought the unsuitability of the sold item to the buyer's attention in time and the buyer insisted on its use, or if he proves that he could not have ensured the unsuitability of the sold item even if he had exercised reasonable care. The buyer has no rights under the defective performance if it is a defect which he should have known with the exercise of ordinary care already at the conclusion of the contract. This does not apply if the seller has expressly assured him that the thing is free from defects or if he has misrepresented the defect. The buyer shall inspect the item as soon as possible after the transfer of responsibility for damage to the item and satisfy himself as to its characteristics and quantity. If the defective performance is a material breach of contract, the buyer shall be entitled (a) to have the defect remedied by the delivery of a new item without defect or by the delivery of a missing item, (b) to have the defect remedied by the repair of the item, (c) to a reasonable discount on the purchase price, or (d) to withdraw from the contract. The buyer shall notify the seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the Seller's consent; this shall not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the buyer fails to exercise his right in time, he shall have the rights under the following paragraph. If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. If the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. Other defects may be remedied at the seller's option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer. If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer may not change the choice made without the seller's consent. The buyer may not withdraw from the contract or demand delivery of a new item if he cannot return the item in the same condition as he received it. This does not apply (a) if there has been a change in condition as a result of an inspection for the purpose of discovering a defect in the item, (b) if the buyer used the item before the defect was discovered, (c) if the buyer did not cause the impossibility of returning the item in its unaltered condition by an act or omission, or (d) if the buyer sold the item before the defect was discovered, consumed it or altered the item in its normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent to which he has benefited from the use of the thing. If the buyer does not notify the defect in time, the right to withdraw from the contract remains. Warranty of quality By a warranty of quality, the seller undertakes that the item will be fit for use for its usual purpose or that it will retain its usual characteristics for a certain period of time. The indication of the guarantee period or the shelf life of the goods on the packaging or in the advertisement shall also have these effects. A guarantee may also be given for an individual part of the item. If the contract and the declaration of warranty stipulate different warranty periods, the longest of the two shall apply. However, if the parties agree on a warranty period other than that indicated on the packaging as the period of use, the agreement of the parties shall prevail. The warranty period shall run from the handing over of the item to the buyer; if the item has been dispatched pursuant to the contract, it shall run from the delivery of the item to the place of destination. If the purchased item is to be put into use by someone other than the seller, the warranty period shall run from the date of putting the item into use, provided that the buyer has ordered the putting into use no later than three weeks from the receipt of the item and has duly and timely provided the necessary cooperation for the performance of the service. The purchaser shall not be entitled to the warranty if the defect is caused by an external event after the liability for damage to the item has passed to the purchaser. This does not apply if the seller caused the defect.
Unless it is a case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within seven (7) days of receipt of the goods, in accordance with the provisions of Section 12 of the Consumer Protection Act. Withdrawal from the purchase contract must be received by the Seller within seven (7) days of receipt of the goods. If the consumer withdraws from the contract, the consumer shall send or sell the goods received from the entrepreneur to the entrepreneur without undue delay, at the latest within seven days of the withdrawal from the contract. The buyer shall send the withdrawal from the contract of sale to the seller's e-mail address or enclose it in writing with the dispatched goods and send it to the seller's address. Do not send the goods on delivery, they will not be accepted in this way. In the event of withdrawal from the contract, the purchase contract shall be cancelled from the outset. In the event of withdrawal from the contract, the seller shall reimburse the consumer without undue delay, and at the latest within thirty days of withdrawal from the contract, all monies, including delivery costs, received from the consumer under the contract. The amount will be refunded by the Seller either by crediting the account specified by the Consumer and provided that the Consumer agrees to this form of refund or the amount will be refunded in the same way as when the payment was made. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to claim damages against the Buyer for any loss incurred by the Buyer. The costs associated with the return of the goods shall be borne by the consumer himself The buyer acknowledges that, according to the provisions of the Civil Code, it is not possible to withdraw from a contract of sale a) for the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the entrepreneur has notified the consumer before the conclusion of the contract, (b) for the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period, (c) the delivery of alcoholic beverages which may be delivered only after a period of thirty days and the price of which depends on financial market fluctuations independent of the entrepreneur's will, (d) the delivery of goods which have been adapted to the consumer's wishes or to his person, (e) the delivery of perishable goods and goods which, after delivery, have been irretrievably mixed with other goods, (f) repairs or maintenance carried out at a place designated by the consumer at his request; However, this does not apply in the case of subsequent performance of repairs other than those requested or the supply of spare parts other than those requested, (g) the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, (h) the supply of a sound or visual recording or a computer program if the original packaging has been damaged, (i) the supply of newspapers, periodicals or magazines, (j) accommodation, transport, catering or leisure activities, provided that the entrepreneur provides these services within the time limit specified, (k) the conclusion of a public auction pursuant to the law governing public auctions, or (l) the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has notified the consumer before the conclusion of the contract, if the buyer has chosen a delivery method other than the cheapest delivery method offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.
Communication between the Seller and the Buyer shall be made by telephone, through a postal service provider or by electronic mail (e-mail), at the addresses (telephone numbers) provided by the Buyer in his order or registration, possibly at later notified addresses, and contact addresses (telephone numbers) of the Seller specified in paragraph 14 of these GTC. Electronic messages sent by the Seller shall be deemed to have been delivered at the moment of their sending. The Seller is not responsible for any obstacles in the transmission of electronic messages on the part of the Buyer, the settings of its anti-spam filters, etc. If written forms are required for any action under these GTC, it shall be sufficient if the action has been performed by electronic mail.
The contract of sale, including the terms and conditions, is archived by the seller in electronic form and is not accessible. The contract of sale can be concluded in English language. The Seller is not bound by any codes of conduct within the meaning of the Civil Code in relation to the Buyer. Should the consumer be deprived of his/her rights arising from the conclusion of the contract, he/she has the right to contact the competent supervisory authorities (Czech Trade Inspection, Trade Licensing Office, Personal Data Protection Office, Tax Office, etc.). Any disputes between the seller and the buyer shall be settled by the court.
The Czech Trade Inspection, Štěpánská 567/15, 120 00 Prague 2, NI: 000 20 869, website: http://www.coi.cz or https://evropskyspotrebitel.cz/en/ is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution). Shall be used for the amicable settlement of commercial disputes arising from the sales contract.
The legal relations between the seller and the buyer are governed by these TC and the relevant provisions of the Commercial Code (when buying on the firm) and the Civil Code in its applicable version (for final consumers).
Information about the buyer is stored by the seller in accordance with the applicable legislation in the Czech Republic, in particular in accordance with Act No. 101/2000 MO. on the Protection of Personal Data, in the version in force. All data obtained from the Buyer will be used by the Seller exclusively for internal use and will not be disclosed to third parties or entities, with the exception of the carrier of the products, to whom only information strictly necessary for the delivery of the products to the Buyer will be disclosed.
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Goods posted on the website www.CDRmarket.eu supplied by:
Denis Čišič
Place of business: V Hájku 63, 31200 Plzeň, Česká Republika
IČ: 73390453
DIČ: CZ8101172079
Contact address: Papírnická 4, 32600 Plzeň, Česká Republika
Contact email: obchod@CDRmarket.sk
These GTC are valid and effective from 1.5.2016