Terms and Conditions
Terms & Conditions - E-shop
14200 Praha 4
Identification number: 241 93 445
File number: 187 392 C, kept by the Municipal Court in Prague
- These terms and conditions ("Terms and Conditions") of www.smart-filter.com Ltd. (hereinafter referred to as "Seller"), govern the mutual rights and obligations of the parties arising in connection with or pursuant to the purchase agreement (the "Purchase Agreement") entered into between the Seller and any other adult person or entity (hereinafter referred to as "Buyer") through the online store seller. Online store seller operated the website www.rolls69.com. Sale is limited by Act No. 65/2017. Prohibition of purchase to persons under 18 years.
- These terms and conditions govern the mutual rights and obligations of the seller and the buyer arising under a contract concluded through an online store operated by the seller at www.rolls69.com, and all mutual rights and obligations of the conclusion of a purchase contract related.
- Seller (supplier) is a legal person, and when concluding the contract acts in a business or other business. Seller identifiable information are:
based Pšenčíkova 464/1a, 14200 Prague 4
IČ: 241 93 445
registered in the Commercial Register, file number: C 187392 registered with the Municipal Court in Prague
- Customer online store is the "Buyer". Due to the existing law, a distinction purchaser who is a consumer and a buyer who is not a consumer, it is the other person.
- Buyer - consumer, in accordance with the relevant provisions of the Civil Code and the Consumer Protection Act means any adult natural person who, in the conclusion and performance of the contract is not part of its business or any other business or self-directed exercise of his profession there (hereinafter referred to as "consumer") .
- Buyer - another is another adult legal or natural person who is not a consumer, ie. acting in the course of business or in a separate course of his occupation (hereinafter referred to as the "other person"). In cases where the buyer is a consumer, not for contractual provisions of Article V of these terms and conditions. Other deviations are given directly in the text of these general terms and conditions. This buyer terms and conditions shall be governed by the extent to which it is involved, and the Commercial Code.
- Contract of sale of goods is specified in a binding confirmation by the seller.
- Based on the registration by the buyer on the website buyer can access to their user interface. From your user interface buyer can order goods (the "User Account"). In the event that the web interface allows shop, the purchaser may order goods or without picture directly from the web interface store.
- When you register on the website and ordering goods the buyer is obliged to provide correct and true in all fields. The data referred to in the user account at any buyer is obliged to change their update. The data referred to by the buyer and the user account when ordering the goods the seller has to be correct.
- Access to the user's account is secured with a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his user account and acknowledges that Seller shall not be liable for breach of this obligation by the buyer.
- The Buyer is not entitled to allow the use of user's account to third parties.
- Seller may cancel your account, especially if the buyer your user account for more than one year not used, or if the buyer breaches its obligations under the purchase agreement (including terms and conditions).
- Buyer acknowledges that the user account may not be available continuously, particularly with regard to the maintenance of the necessary hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
CONTRACT OF SALE
- The web interface provides a list of trade goods offered for sale by the seller, not including the prices of individual goods offered. Prices of the goods offered include value added tax. The offer of sale of goods and the prices of the goods shall remain in force for as long as they are displayed in the web interface of trade. This provision does not restrict the seller to conclude a contract for purchase individually negotiated terms. Any offer for sale of goods placed in the web interface are non-binding trade and the seller is not obliged to enter into a purchase agreement regarding this product.
- The web interface also contains business information on the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods buyer fills in the order form in the web interface of business. Order form contains particular information about:
- ordered goods (ordered goods "puts" buyer in the electronic shopping cart web interface of Commerce)
- method of payment of the purchase price of the goods, details of the desired method of delivery of goods ordered and the
- information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
- Before sending the order to the buyer to the seller is able to check and modify the data inserted in the order buyers, and also with regard to the possibility of the buyer to detect and correct errors made when entering data into the order. Buyer sends the order to the seller by clicking on the button "Complete the order". The data referred to in the order the seller to be correct. Seller immediately upon receipt of the order to the buyer confirms receipt of this e-mail, at the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as "electronic address of the buyer").
- The seller is always right, depending on the nature of the order (quantity of goods, the purchase price, the estimated cost of transport) ask the buyer for additional confirmation (such as writing or by telephone).
- The contractual relationship between the seller and the buyer (purchase agreement) is formed by delivery orders received (acceptances), which is sent by the seller to the buyer by e-mail, at the e-mail address of the purchaser. Conclusion of the sales contract the buyer implicitly confirms that he is familiar with these terms and conditions, the contents are known and understood by him, and the content wholeheartedly agree.
- Buyer acknowledges that Seller is not obliged to enter into a purchase agreement, especially with people who previously substantially breached the purchase agreement (including terms and conditions).
- Buyer agrees to the use of distance communication in the conclusion of the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (eg the cost of Internet access, telephone costs) are paid by the buyer himself.
PURCHASE PRICE MODE OF PAYMENT OF THE PURCHASE PRICE
- Prices of the goods offered in the online store include seller's value-added tax at the rate applicable and effective on the menu.
- The purchase price to the seller, the buyer may pay any of the following ways:
- cashless payment system through GoPAY;
- cash on delivery at the place specified in the order by the buyer - in this case, the payment to the Buyer as the other costs associated with the delivery of the goods doběrečné charged according to the tariff of the carrier;
- In case of payment by cash on delivery, the purchase price is payable upon receipt of goods. In case of payment of the purchase price by wire transfer to the account of the seller, the purchase price is payable within 7 days from the date of conclusion of the contract.
- In the case of non-cash payments, the Buyer shall pay the purchase price of the goods together with the variable symbol payments. In the case of cashless payment by the purchaser to pay the purchase price achieved at the moment the relevant amount to the account of the seller.
- Seller reserves the right to different purchase prices in the high street stores and e-shop.
- If it is in the usual course of trade, or where specified by generally binding legal regulations, issue the seller regarding payments made under a contract buyer tax document - invoice. Seller is payer of value added tax. Tax document - invoice issued by the seller to the buyer paid the price of goods and send it electronically to the electronic address of the purchaser.
- Any discounts the price of goods by the seller to the buyer can not be combined.
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
WITHDRAWAL FROM THE PURCHASE CONTRACT
- The consumer, in accordance with § 1829 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days from the receipt of benefits. Withdrawal from the contract seller must be demonstrably delivered within fourteen (14) days from the receipt of benefits, to the address of the seller or the seller's e-mail address: firstname.lastname@example.org.
- In case of withdrawal from the contract pursuant to paragraph 1 of this Article the terms and conditions of the purchase contract from the beginning. Goods must be returned to the seller at the seller's address society. Returns consumers make in this case at its own cost and responsibility.
- Within ten (10) days of return of goods by the consumer, the seller is entitled to review the returned goods, especially in order to determine whether the returned goods are not damaged, worn or partially consumed.
- In the event of an effective withdrawal from the contract, the consumer returns the amounts paid by the seller to the consumer within 14 days of withdrawal.
- The consumer acknowledges that if the consumer goods returned damaged, worn or partially consumed, the Seller to the consumer is entitled to damages incurred by him.
TRANSPORTATION AND DELIVERY
- The Seller shall deliver the ordered goods to the purchaser within 7 days from the date of payment of the purchase price.
- Method of delivery of goods is determined seller, unless the purchase contract agreed otherwise.
- Goods may be in accordance with the contract either delivered to the place specified by the purchaser in the order.
When taking an order that contains smoker's accesories, the customer will be prompted by the carrier to prove his or her age.
If the purchaser is unable to prove his legal age, the purchase contract is considered invalid and the goods are returned to the seller.
LIABILITY FOR DEFECTS AND GUARANTEE
- The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller, shall be governed by generally binding legal regulations.
RIGHTS OF DEFECTIVE PERFORMANCE
(1) The buyer is entitled under Section 13 of the Civil Code to exercise the right from a defect. If the defect is removable, the consumer can either seek repair or supplement what is missing or reasonable discounts on the price. If the defect cannot be removed and the item cannot be properly used, the buyer can either withdraw from the contract or claim a reasonable discount on the price.
(2) Whoever has the right under § 1923 of the New Civil Code shall be entitled to reimbursement of the costs reasonably incurred in exercising this right.
(3) The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
QUALITY ON ACCEPTANCE
(1) The Seller shall be liable to the Buyer that the item has no defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the item,
(a) the item has the characteristics agreed by the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer has described or which the buyer expected with regard to the nature of the goods and the advertising they carry out;
b) the goods are fit for the purpose stated by the seller or for which the goods of this kind are usually used,
c) the object corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
(d) the item is in an appropriate quantity, measure or weight; and
e) the case complies with the legal requirements.
(2) If a defect becomes apparent within six months of receipt, it shall be deemed that the item was defective at the time of receipt.
(1) The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
(2) If the period for which the item can be used is stated on the sold item, on its packaging, in the instructions attached to the item or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply.
Section 2167: Section 2165 shall not apply
a) for a thing sold at a lower price for a defect for which the lower price was agreed,
b) wear and tear of a thing caused by its normal use,
(c) for a defective item used corresponding to the level of use or wear that the item had on receipt by the buyer; or
(d) if this is due to the nature of the matter.
'(1) If the item does not have the characteristics set out in § 2161, the buyer may also demand the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
(2) The buyer has the right to deliver a new thing or to replace a part even in the case of a removable defect, if he cannot properly use the thing for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
(3) If the buyer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer shall have the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its component or repair it, or if the seller fails to rectify it within a reasonable time or if remedying the consumer would cause considerable difficulties. '
Section 2172: “Rights arising from a defect shall be exercised at the seller from whom the thing was purchased. However, if the confirmation referred to in § 2166 specifies another person to be repaired, who is closer to the seller or the buyer, the buyer shall exercise the right to repair the person who is to carry out the repair. The person so designated for repair shall carry out the repair within the period agreed between the seller and the buyer when purchasing the item. '
Section 2173: "If the buyer exercises the right from defective performance, the other party shall confirm it in writing when the right was exercised, as well as the performance of the repair and its duration."
Out-of-court settlement of consumer disputes (ADR)
In the event that a consumer dispute arises between us and the consumer under a sales or service contract that cannot be resolved by mutual agreement, the consumer may file an out-of-court settlement of such a dispute with the designated out-of-court consumer dispute resolution entity.
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
120 00 Prague 2
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
PROTECTION OF PERSONAL DATA AND SENDING OF BUSINESS COMMUNICATION
- Privacy buyer who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
- Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number (collectively referred to everything as "personal data").
- Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations of the purchase contract and for the purpose of sending commercial communications and information to the seller.
- Buyer acknowledges that it is obligated to your personal data (at registration in your user account when ordering from the web interface by trade) provide correct and true and that it shall without undue delay inform the seller of a change in their personal data.
- Processing of personal data by the buyer the seller may appoint a third party as a processor. In addition to persons transporting goods selling personal data will not, without the prior consent of the buyer to third parties.
- Personal data shall be processed for an indefinite period. Personal data will be processed electronically automated manner or in a printed form non-automated fashion.
- Buyer confirms that the personal information is accurate and that he was advised that it is a voluntary submission of personal data. Buyer claims they have been instructed that consent to the processing of personal data may, in relation to the Seller by notification delivered to the address of the seller.
- In the event that the buyer thought the seller or processor processes the personal data that is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law, especially if the personal data are inaccurate with regard to the purpose of processing, may ask the seller or the manufacturer for an explanation or require the seller or processor to remedy the situation.
- If the buyer requests for information about the processing of their personal data, the seller is obliged to deliver this information. Seller has the right for information pursuant to the preceding sentence require reasonable compensation not exceeding the cost of providing information.
- Buyer agrees to receive information related to the goods, services or now the seller to the buyer's email address.
- If the relationship associated with the use of the web site or the legal relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
- If any provision of the Terms and Conditions is invalid or unenforceable, or in such happens board instead of the invalid provision a provision whose meaning invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the sales or business conditions require written form.
- The purchase agreement, including terms and conditions by the Seller is archived in electronic form and is not accessible.
- Parties may in writing in the contract agreed their mutual rights and obligations arising from the purchase contract differently than specified in these general terms and conditions. In this case, the preferred arrangements contained in the purchase agreement over these terms and conditions.
- Seller has the right to unilaterally amend and supplement the text of these general terms and conditions, and the rights and obligations of the parties shall be governed by terms and conditions always valid and effective at the time the contract.