These business conditions apply to purchases in the online store www.mvvs.cz/eshop. The conditions further define and specify the rights and obligations of the seller, which is MVVS, spol. s r.o., ID number 41604369 with its registered office in Brno, Šámalova 60a, postal code 615 00 and the buyer. The Seller's company is registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 2495. All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.). If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by the Commercial Code, No. 513/1991 Coll., All as amended.
Consumer contract - a purchase contract, a contract for work, or other contracts, if the contracting parties are the consumer on the one hand and the supplier resp. seller. Supplier / seller - is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services. Buyer / consumer - is a person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with those products or services. Buyer / not consumer - is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. Purchase contract - the buyer's order is a draft of the purchase contract and the purchase contract itself is concluded at the moment of delivery of the buyer's binding consent to this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
INFORMATION ON THE CONCLUDED CONTRACT AND TERMS AND CONDITIONS
By concluding the purchase contract, the buyer confirms that he has read these terms and conditions and the complaint procedure and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them. These business conditions and the complaint procedure form an integral part of the concluded contract. The contract is concluded in the Czech language. The concluded contract is archived by the seller for the purpose of its successful fulfillment and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is evident from the ordering process in our online store and the buyer has the opportunity to check and possibly correct the order before sending it. These terms and conditions, as well as the complaint procedure, are displayed on the website of our online store and thus their archiving and reproduction by the buyer is enabled.
ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
All orders placed in any of the above ways are binding. The condition for the validity of the electronic order is the completion of all data and requisites prescribed by the form. Ownership of the ordered goods passes to the buyer, subject to payment of the purchase price, his acceptance. The goods are the property of the seller until payment.
PROTECTION OF PERSONAL DATA
Personal data (especially name, surname and address) of customers are stored in accordance with applicable laws of the Czech Republic, especially with the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. All data obtained from customers are used exclusively for the internal needs of the store and will never be provided to third parties. An exception is external carriers to which customers' personal data are transferred to the minimum extent necessary for the smooth delivery of goods. Personal data of customers are fully protected against abuse. Data is stored and not shared with third party applications. By concluding the contract, the customer agrees to the processing and collection of his personal data in our database after the successful fulfillment of the contract, until his written expression of disagreement with this processing. The customer has the right to access his personal data and the right to correct them, including other legal rights to this data. The buyer has the right to delete his personal data from the database if he so requests in writing. The seller hereby undertakes to delete all data on the buyer from the database no later than 3 days from the delivery of the written request.
RIGHTS AND OBLIGATIONS OF THE SELLER
The seller is obliged to process a binding order, send the ordered goods and deliver to the buyer's address. Upon receipt of the shipment from the carrier, the buyer will receive a tax document with the goods. The completed manufacturer's warranty card (if the goods contain it) is enclosed with the goods. The seller is obliged to delete the registered buyer from the database if he so requests in writing. The seller has the right to reject the order if the buyer repeatedly fails to fulfill its obligation to remove the goods and pay the purchase price. The seller reserves the right to cancel the order or part thereof in the following cases:
the goods are no longer produced or delivered
- the selling price has changed significantly
In the event that this situation occurs, the seller undertakes to immediately (by e-mail or telephone) contact the buyer and agree on the next step (replacement of the ordered goods with another, cancellation of the order, etc.). If the buyer has already paid for the goods (by bank transfer) and the actual price will be lower than the one paid, the money will be transferred back to the buyer's account as soon as possible. In the event that the actual price is higher and the buyer has not decided to withdraw from the contract, the buyer will be given a difference between these amounts.
BUYER RIGHTS AND OBLIGATIONS
The buyer is obliged to state the correct and complete postal address to which the ordered goods are to be sent. The buyer is obliged to remove the ordered goods and pay the total price. The buyer understands the total price when filling out the order before its binding confirmation. If the price of the goods increases compared to the original selling price, the buyer, who is a consumer, has the right to withdraw from the contract without any payment. The consumer has the right to cancel the sent order or withdraw from the purchase contract within 14 days of receipt of the goods according to the applicable § of the Civil Code. This right is not primarily intended for resolving complaints about goods. If he so decides, he must deliver the statement of intent to withdraw from the contract to the seller no later than the 14th day after taking over the thing. We recommend doing so, preferably in writing, to the address of the seller MVVS, spol. s r.o., which ensures in particular the provability of the performed legal act, which cancels the contract. The consumer is obliged to return the goods undamaged to the seller, without signs of use or wear, if possible in the original packaging and with all accessories back. After receiving the returned goods, the seller will return the corresponding amount to the buyer in a pre-agreed manner, no later than 30 days from the effective date of the expression of the buyer's will (from the delivery of withdrawal from the contract). Demonstrable costs associated with the return of goods shall be borne by the consumer. If the above conditions are not met, the seller may claim compensation from the consumer for the reduction in the value of the returned goods. In the event of non-compliance with the deadline for withdrawal from the contract, such withdrawal from the contract is invalid and the consumer does not have any rights to return the goods. The consumer cannot withdraw from the purchase contract in the following cases:
- for the provision of services, if their performance was started with the consent of the buyer before the expiration of the period of 14 days from the receipt of performance
- for the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller
- for the delivery of goods adjusted to the wishes of the buyer, as well as goods that are subject to rapid destruction, wear or obsolescence
Upon receipt of the shipment, the buyer, who is a consumer, is advised to check the condition of the shipment (number of packages, integrity of the tape with the company logo, damage to the box, etc.) and refuse to accept an incomplete or damaged shipment. Incomplete or damaged shipment must be notified to the seller by phone without undue delay. We also recommend that you write a record of the damage with the carrier and send it by fax or e-mail to the seller. If the consumer takes the recommended steps when delivering a defective shipment, it will significantly contribute to the quick resolution of a complaint about the delivered goods and their new delivery. Otherwise, the consumer may be exposed to a situation where the seller proves to him that the goods were delivered in order - ie undamaged, but this cannot in any way limit the consumer's right to exercise his rights under the relevant purchase contract. For a buyer who is not a consumer, the obligation to check the condition of the shipment according to the above procedure applies. In the case of taking over the shipment from the carrier, this buyer has no claims for later claims for damaged shipments against the seller. By taking over the consignment, another claim regarding damage and incompleteness of the consignment is resolved only with the carrier.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- cash on delivery - upon receipt of cash on delivery, when you have the goods delivered by a transport service
- by bank transfer - on the basis of a deposit slip, payment is made in advance and the goods are then delivered to you without any additional fees after crediting the money to our account
- Cash - only at our company, we do not accept credit cards
- via PayPal
COMPLAINTS PROCEDURE MVVS, spol. s r.o.
This complaint procedure applies to goods purchased from MVVS, spol. s r.o. and whose claim was made during the warranty period. If the contracting party is a consumer, the rights of the buyer not regulated by the Complaints Procedure are governed by the Civil Code (No. 40/1964 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not the consumer, the rights of the buyer not regulated by the Complaints Procedure are governed by the Commercial Code, No. 513/1991 Coll., All as amended. Each item is accompanied by an invoice, which also serves as a warranty, if it is not attached directly from the manufacturer. The customer informs the company MVVS, spol. s r.o., if it finds any difference between the tax document and the goods actually delivered (in type or quantity) or has not received a correctly completed tax document with the consignment. The buyer, who is not a consumer, is obliged to report this difference immediately, no later than 72 hours after receipt of the goods.
Unless otherwise stated on the warranty card, the warranty for the delivered goods is 24 months. For the buyer, who is a consumer, the warranty period for all consumer goods is always at least 24 months. The warranty period for the delivered goods is extended by the time for which the product was under warranty repair. When claiming the guarantee, the buyer, who is a consumer, has:
- in the case of a remediable defect, the right to free, proper and timely rectification of the defect, the right to replace defective goods or defective parts, unless this is disproportionate due to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount prices or withdraw from the purchase agreement
- in the case of an irreparable defect preventing the proper use of the goods, the right to exchange defective goods or to withdraw from the purchase contract
- in the case of remediable defects occurring in large numbers or repeatedly and preventing the proper use of the goods, the right to exchange defective goods or withdraw from the purchase contract
- in the case of other irreparable defects and if it does not require the exchange of the item, the right to a reasonable discount from the purchase price or to withdraw from the purchase contract
If the product is replaced during the warranty period, the warranty is renewed in full. The customer will receive a service sheet stating the date of receipt, statement of service and repair. Any other claim will be made on the basis of this service sheet. In the event that the item is not in accordance with the purchase contract upon acceptance by the buyer (hereinafter "conflict with the purchase contract"), the buyer has the right to sell the item free of charge and without undue delay to the condition corresponding to the purchase contract, as required. the buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the thing or caused the conflict with the purchase contract himself. A discrepancy with the purchase contract, which manifests itself within six months from the date of taking over the thing, is considered to be a conflict already existing at the time of taking over, unless it contradicts the nature of the thing or unless proven otherwise. Complaints cannot be made in the following cases:
- mechanical damage, unprofessional installation, handling or operation
- if the damage was caused by computer viruses
- using the goods in conditions that do not correspond to the parameters specified in the documentation - instructions
- the goods were damaged by the elements
- the goods have been damaged by excessive loading or use in violation of the conditions specified in the documentation
- wear and tear of the product and its parts, caused by their normal use (eg reduction of battery capacity, mechanical parts, displays, etc.) is not covered by the warranty and is not considered a conflict with the purchase contract according to the Civil Code
- during the warranty period exceeding the length of the warranty period stipulated by the Civil Code (statutory warranty period), it is not possible to request a replacement of the product or to withdraw from the purchase contract
In the event of a failure or occurrence of a manufacturing defect of the goods during the warranty period, the place of claim is the registered office of MVVS, spol. s r.o. The customer can file a complaint by delivering the goods by post to the address:
MVVS, spol. s r.o., Šámalova 60a 615 00 Brno
Or personally bring to the above address.
Please attach to the claimed goods:
- a copy of the invoice
- manufacturer's warranty card, if delivered with the goods
- an exact description of the defects and their manifestations, if the complaint was sent by post
In case of a complaint, you can contact us, see contacts. If the complaint is recognized as justified, after its settlement the goods will be sent to the customer at the expense of MVVS, spol. s r.o. In the case of a recognized complaint, the buyer, who is a consumer, is also entitled to reimbursement of all necessary costs to file a complaint. If the conditions for withdrawal from the contract are given for a reason on the part of the seller, the consumer has the right to reimbursement of all performance paid. The seller will always ensure the preparation of a written report (service sheet) on the detected defects and the form of their elimination, we recommend the buyer to keep these confirmations during the warranty period. Complaints, including defects, will be settled without undue delay, no later than 30 calendar days from the date of the complaint, unless the seller agrees otherwise with the consumer buyer. The seller will issue a written confirmation to the consumer about when the consumer has lodged a complaint, what its content is and what method of handling it requires. Furthermore, the seller will issue the consumer a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration. In the event of a rejected complaint, the seller shall issue a written justification for the rejection to the consumer.