1. Basic provisions
1.1 These general terms and conditions (hereinafter referred to as the "GTC") apply to purchases in the online store www.2xa.cz (hereinafter referred to as the "e-shop"), operated by Miroslav Haas, with registered office in Petrovice u Karviné, Závada 209, 735 72, ID: 15476243. GTC specify the rights and obligations of the Seller and the Buyer.
1.2 Definition of terms
The buyer is a consumer or entrepreneur.
A consumer buyer, or just a consumer, is a person who, unlike the Seller, does not act within the scope of his business activity or in the independent performance of his profession when concluding and pln the contract.
A buyer who is not a consumer is an entrepreneur. Any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur is also considered an entrepreneur.
An offer is a legal act leading to the conclusion of a contract if it contains the essential elements of the contract so that the contract can be concluded by its simple and unconditional acceptance, and if it implies the will of the proposer to be bound by the contract if the offer is accepted.
2. Information before concluding the contract
In accordance with the relevant provisions of Act No. 89/2012 Coll., Civil Code, the Seller communicates the following information to the Buyer before concluding the contract.
2.1 Information about the Seller:
Name: Miroslav Haas
Registered office: Petrovice u Karviné, Závada 209, 735 72
ID number: 15476243
Email: 2xalatky@gmail.com
Delivery and billing address: Petrovice u Karviné, Závada 209, 735 72
2.2 The goods and their main characteristics are listed in the online store. The images of the goods are only illustrative and may not correspond to the actual appearance of the goods.
2.3 Price information provided by the Seller is binding, with the exception of an obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and fees, excluding delivery costs. In the case of discounts, a percentage discount is always indicated. The price of the goods is valid for the period of its publication in the Seller's e-shop.
2.4 Information on rights due to defective pln is given in Article 7 of these GTC.
2.5 The seller does not offer to conclude a contract for a eur term or a contract whose subject is repeated pln .
2.6 Acceptance of orders on the www.2xa.cz online store is possible 24 hours a day, 7 days a week, unless otherwise stated.
2.7 The seller requires payment of the purchase price before handing over the goods, either by cashless transfer, handing over to the carrier (cash on delivery), in cash upon personal collection.
2.8 The conditions, deadlines and procedures for withdrawing from the purchase contract are set out in Article 6 of these GTC.
2.9 Information on the individual technical steps leading to the conclusion of the purchase contract can be found in these General Terms and Conditions, where this process is clearly described.
2.10 The concluded purchase contract will be deposited with the Seller.
3. Conclusion of the purchase contract
3.1 The Buyer submits a proposal to the Seller to conclude a purchase contract by selecting goods from the Seller's offer on the e-shop and then placing them in the basket. Basket means a pln order form. The order form contains, in particular, a description of the goods, the price of the goods, the quantity of the goods, the method and price of the transport of the goods and space for pln in the identification data of the Buyer. The identification data of the Buyer are mainly his first and last name, in the case of a legal entity, the name or company, identification number of the legal entity, VAT number, address, city, country, as well as email address, contact telephone number, or delivery address - these data will be listed on the Tax document.
3.2 The Buyer cannot deviate from the Seller's offer when selecting goods. If the Buyer states in the order other goods than those offered by the Seller, or goods with different characteristics, the contract will not be formed. At the same time, the Seller cannot deliver other goods than the Buyer ordered, unless they agree otherwise.
3.3 Before the Buyer bindingly confirms the order, the Buyer has the right to change the goods, the quantity of goods, the transport and the method of payment and thus check all the data that he entered in the order. The offer includes pln order, including the choice of transport and method of payment. The condition for the validity of the order is the pln of all the requirements of the order form, including agreement with the wording of these terms and conditions.
3.4 The purchase contract between the Seller and the Buyer is concluded at the moment of acceptance of this proposal by the Seller, i.e. by confirmation of the order by the Seller sent to the Buyer's email address entered by the Buyer. In the event that such confirmation by the Seller does not occur, it is considered that the purchase contract has not been concluded. The Buyer understands that the Seller is not obliged to conclude a purchase contract with the Buyer for the goods listed in the Seller's e-shop, i.e. that displaying the goods in the Seller's e-shop is not an offer to conclude a contract in the sense of § 1732 of the Civil Code. disciple. Acceptance of an offer with an amendment or variation is not an acceptance of the offer.
3.5 All offers are processed within a maximum of 10 working days after ordering the goods.
3.6 The Seller is entitled, under circumstances worthy of consideration, to ask the Buyer for a telephone or written confirmation of his order before confirming the order and thus concluding the purchase contract.
3.7 Relationships and any disputes that arise on the basis of the purchase contract will be resolved exclusively according to the law of the Czech Republic and will be resolved by the relevant courts of the Czech Republic.
3.8 The purchase contract is concluded only in the Czech language. If a translation of the text of the purchase contract is created for the Buyer's needs, the interpretation of the purchase contract in the Czech language applies in the event of a dispute over the interpretation of terms.
3.9 All facts stated by the Buyer in the note in the order form are part of the concluded purchase contract if the Seller agrees with them, in case of his disagreement, it is considered that the purchase contract has not been concluded. Likewise, in the event of the Seller's inability to pln any of the Buyer's requirements expressed in the order, the Seller will send the Buyer a new draft of the order with a request for his comments on it. The purchase contract is concluded at this point by the sending of this new order by the Buyer to the Seller and its subsequent confirmation by the Seller.
3.10 If the Seller has doubts about the authenticity and seriousness of the order or if it is a Buyer who has not picked up an order sent by cash on delivery in the past, he may contact the Buyer for the purpose of verification. In the case of a Buyer who has not collected an order sent by cash on delivery in the past, the Seller further reserves the right to accept the order only in case of payment in advance and/or only if the Buyer reimburses the Seller for the postage costs incurred for the shipment that the Buyer did not collect . The Seller reserves the right to reject an unverified order or an order made by a Buyer who has not collected an order sent on delivery in the past, if such Buyer pln the conditions according to the previous sentence. Such an order is then treated as if it had not been submitted.
3.11 The concluded purchase contract will also be sent to the Buyer and is archived by the Seller for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful pln and is not accessible to unrelated third parties.
3.12 Cancellation of the order is possible only until the goods are handed over to the carrier and/or until the goods are personally handed over by the Seller to the buyer.
3.13 The buyer becomes the owner of the goods only after pln payment of the purchase price.
4. Payment terms
4.1 The seller accepts the following payment terms:
- Payment in advance by bank transfer - payment is made by the Buyer by standard bank transfer from the Buyer's account to the Seller's account maintained at Fio banka, for payment in
- Czech crowns – account number: 2900330397/2010,
- in Eur ech – account no. 2602842570/2010, IBAN: CZ72 2010 0000 0026 0284 2570, BIC/SWIFT: FIOBCZPPXXX, and
- Polish Zloty - account number: 2102944837/2010, IBAN: CZ39 2010 0000 0021 0294 4837, BIC/SWIFT: FIOBCZPPXXX.
- In the case of non-cash payment, the purchase price must be paid (credited to the above-mentioned bank account) within 3 working days after the conclusion of the purchase contract. If the Buyer does not pay within the deadline, the purchase contract will expire and the order will be automatically cancelled.
- Cash on delivery (the buyer pays for the goods only when they are taken over by the carrier)
- Credit card or quick transfer - this service is provided by the payment gateway Comgate. The advantage of this secure money transfer is speed, the money is immediately credited to our account. You can pay classically by card or via internet banking, to which the system will automatically guide you and pln the bank order.
4.2 The buyer expressly agrees to the possibility of sending a tax document in electronic form (instead of a document in written form) to his email address.
5. Delivery of goods
5.1 The Seller will deliver the goods to the Buyer complete, no later than 15 days after the confirmation of the order, unless he specifies a different delivery period for the individual goods. If the goods are to be paid for in advance by non-cash transfer, the period starts from the moment of payment of the purchase price of the goods.
5.2 The modes of transport from which the customer can choose are as follows
Post office
Courier home:
- Delivery: Usually within the next day after submission.
- Advantages: Convenient home delivery, package tracking online.
To the delivery point:
- Delivery: Usually within the next day after submission.
- Advantages: Flexible pick-up at a wide network of drop-off points, tracking the package online.
Czech Post
Package In hand:
- Delivery: Usually the next working day after submission.
- Advantages: The addressee is informed about the package's journey via SMS and e-mail, the possibility of tracking the package online.
Package To the post office:
- Delivery: The package is ready for collection at the selected post office usually the next working day.
- Advantages: Flexible collection at the post office, the addressee is informed about the possibility of collection via SMS or e-mail.
Packing house:
- Delivery: Quick and convenient pick-up at Balíkovna drop-off locations or at the post office.
- Advantages: Flexible pickup. Track your package online.
Packing house To the address:
- Delivery: Usually the next working day after submission directly to the address.
- Advantages: Convenient home delivery, package tracking online.
GLS
Courier home:
- Delivery: Standard delivery time is the next business day after submission.
- Advantages: Fast home delivery, possibility to track the package online.
To the delivery point:
- Delivery: Standard delivery time is the next business day after submission.
- Advantages: Flexible collection at GLS drop-off points, online package tracking.
Slovakia and Poland
Shipping office:
Courier home:
- Delivery: Usually within the next day after submission.
- Advantages: Convenient home delivery, package tracking online. Customers receive information about the delivery time via SMS.
To the delivery point:
- Delivery: Usually within the next day after submission.
- Advantages: Flexible pick-up at a wide network of drop-off points, tracking the package online.
5.3 Personal collection of goods is possible only after prior agreement with the Seller.
5.4 The goods can be sent to the Buyer by the selected transport service.
5.5 By concluding the purchase contract, the Seller is obliged to hand over the ordered goods to the Buyer, and the Buyer is obliged to pay the agreed price for these goods to the Seller.
5.6 The seller is responsible for the quality of the goods and for the fact that the goods have all the properties agreed upon by the contracting parties and are in the appropriate quantity.
5.7 The buyer is obliged to take over the goods ordered and delivered in accordance with the purchase contract and these terms and conditions.
5.8 If, for reasons on the part of the Buyer, it is necessary to deliver the goods differently from what was agreed in the purchase contract, the Seller is entitled to demand from the Buyer all costs associated with this delivery, and the Buyer must be notified of these costs in advance.
6. The right to withdraw from the contract
6.1 Within 14 days, the Buyer has the right to withdraw from the purchase contract without giving a reason.
6.2 The Buyer has the right to withdraw from the purchase contract without giving a reason within 14 days from the day following the day on which the Buyer or a third party designated by the Buyer (other than the carrier) takes over the goods. In the case of concluding a purchase contract, the subject of which is several types of goods or the delivery of several parts, the Buyer has the right to withdraw from the purchase contract within 14 days from the day following the day on which the Buyer or a third party designated by him (other than the carrier) takes over the last delivery of the goods .
6.3 For the purposes of exercising the right to withdraw from the purchase contract, the Buyer must notify the e-mail address 2xalatky@gmail.com or by correspondence to the Seller's address in the form of a unilateral legal action. A copy of the purchase contract/order confirmation must be attached to the withdrawal.
6.4 If the Buyer withdraws from the purchase contract, the Seller shall return to him without undue delay, no later than 14 days from the day on which he received the Buyer's notice of withdrawal from the contract, all payments received by the Seller from the Buyer, including delivery costs (except for additional costs incurred as a result of the Buyer's chosen delivery method, which is different from the cheapest standard delivery method offered by us). For refunds, the Seller will use the same means of payment that the Buyer used to make the initial transaction, if possible.
6.5 The Buyer will send the goods back or deliver them to the Seller's address without undue delay, no later than 14 days from the day when the purchase contract was withdrawn. The deadline is considered to have been met if the Buyer sends the goods back before the expiry of 14 days. The buyer will bear the direct costs associated with returning the goods, with a maximum estimated cost of Kč 300.
6.6 The buyer is only responsible for the reduction in the value of the goods as a result of handling the goods in a way other than that which is necessary to get acquainted with the nature and properties of the goods, including their kč .
6.7 If the returned goods are damaged due to a breach of the Buyer's obligations, the Seller is entitled to make a claim against the Buyer for compensation for the decrease in the value of the goods and deduct it from the returned amount.
6.8 The Seller is entitled, until the time of acceptance of the goods by the Buyer, to withdraw from the purchase contract in the event that the ordered goods are no longer in stock, are not produced, or the price of the supplier of the goods has changed significantly. In such a case, the Seller will immediately contact the Buyer in order to agree with him on the next procedure, e.g. exchange of goods, change of the ordered quantity, etc. In the event that the goods have already been paid for, the Seller will return the already paid funds (or an adequate part of them) without unnecessary delay as an overpayment upon mutual agreement between the Seller and the Buyer to change the content or scope of the order) to the Buyer in the same way as they were paid.
7. Rights and obligations from defective pln
7.1 If, at the time when the Buyer took over the item, the received goods have deficiencies (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality do not correspond to other legal, contractual or even pre-contractual parameters), these are product defects for which the Seller is responsible.
7.2 The Buyer is obliged to inspect the delivered goods and without undue delay inform the Seller of any defects found.
7.3 Before using the goods for the first time, the Buyer is obliged to properly study the purpose of use and care symbols. The seller does not assume responsibility for damages resulting from the operation of the products, kč properties and damages from unprofessional use of the products, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the warranty provided
7.4 The purchasing consumer can apply to the Seller, no later than two years after taking over the goods, according to his request, a claim for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
7.5 If the repair or replacement of the goods is not possible, on the basis of withdrawal from the contract, the Buyer-consumer may demand a pln refund of the purchase price.
7.6 If a defect becomes apparent within six months of receipt of the goods by the Buyer-Consumer, it is considered that the item was already defective upon receipt.
7.7 The Seller is not obliged to comply with the claim of the Buyer-Consumer if he proves that the Buyer-Consumer knew about the defect of the goods before taking over or caused it himself.
7.8 For used goods, the Seller is not responsible for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the Seller is not responsible for a defect for which the lower price was negotiated. Instead of the right to exchange, the Buyer Consumer has the right to a reasonable discount in these cases.
7.9 The warranty does not cover defects caused by wear and tear caused by normal use of the goods, unprofessional or unauthorized intervention, use or maintenance. The warranty will also not be recognized in the event of mechanical damage caused by the Buyer, damage caused by excessive and inappropriate use, neglect of the care of the goods, or damage caused by force majeure.
7.10 The Buyer has no rights from defective pln regarding defects in the goods, which the Buyer was informed of at the time of concluding the purchase contract.
7.11 The purchasing consumer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
7.12 The purchasing entrepreneur is entitled to exercise the right from a defect that the item had when the risk of damage passed to the Buyer, even if it becomes apparent only later. The Buyer's right as an entrepreneur is also established by a defect that arose later, caused by the Seller's breach of his obligation.
7.13 The Buyer is obliged to notify the Seller of the defect without undue delay after he could have discovered it during a timely inspection and due care.
7.14 Within this period, the Buyer-consumer is entitled to file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):
- removing a defect by delivering a new item without a defect or by supplying a missing item
- free removal of the defect by repair
- a reasonable discount from the purchase price
- refund of the purchase price on the basis of withdrawal from the contract
7.15 A material breach of contract is one which the breaching party already knew or should have known at the time of concluding the contract, that the other party would not have concluded the contract if it had foreseen this breach.
7.16 In the case of a defect that constitutes an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the Buyer-consumer is entitled to the removal of the defect or a reasonable discount from the purchase price.
7.17 If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the Buyer-Consumer may exercise the right to a discount on the purchase price, exchange of goods or withdrawal from the contract.
7.18 The Buyer must report all detected defects in writing, either by e-mail to 2xalatky@gmail.com or by correspondence to the Seller's address no later than three days after receiving the goods.
7.19 In the event that the Buyer requests removal of the defect by delivery of a new item without a defect or free removal of the defect by repair, the claimed goods must be sent to the Seller's address immediately after notification of the complaint together with a copy of the sales document.
8. Out-of-court settlement of a consumer dispute
8.1 If the dispute cannot be resolved directly, based on Act No. 378/2015 amending Act No. 634/1992 Coll., on consumer protection, you also have the right to an out-of-court settlement of the consumer dispute.
8.2 The subject (ADR) of out-of-court resolution of consumer disputes between a trader and a consumer is the Czech Trade Inspection or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html .
8.3 With the Czech Trade Inspection, the consumer has the option to submit a proposal via an online form, available on the website of the Czech Trade Inspection: https://adr.coi.cz/cs .
8.4 The consumer may submit a proposal to the Czech Trade Inspection or an authorized entity no later than 1 year from the day on which he exercised his right, which is the subject of the dispute, with the Seller for the first time.
8.5 The consumer can also submit a proposal through the EU out-of-court consumer dispute resolution platform, which is available online at: https://webgate.ec. eur opa.eu/odr/main/index.cfm?event=main.home.show&lng=CS . Only a consumer living in the EU can submit a proposal here to a trader based in the EU.
8.6 If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for out-of-court settlement of consumer disputes have been violated during the proceedings, they may submit a complaint to the address of the Ministry of Industry and Trade or to the email address adr@mpo.cz .
8.7 In the case of cross-border disputes, the European Consumer Center of the Czech Republic assists consumers in accessing the appropriate entity for the out-of-court resolution of consumer disputes.
8.8 The parties bear the costs associated with the out-of-court settlement of consumer disputes.
9. Protection of personal data
9.1 The Seller processes the Buyer's personal data for the purposes of concluding and managing the contract and making the delivery, to pln its legal obligations or with the Buyer's consent in order to improve the Seller's services and offer, for marketing purposes incl. sending business messages and personalizing advertising, or other purpose for which the Buyer has given consent.
9.2 The processing of personal data takes place in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) and related Czech legislation and in accordance with the Seller's Personal Data Processing Principles, which state how the Seller handles the Buyer's personal data, what information it stores about the Buyer, how it uses the information and to whom it is possibly forwards. The principles for handling personal data also contain a list of all rights of the Buyer in connection with the processing of personal data, in particular the right to information, correction, deletion or the right to withdraw consent to processing at any time.
9.3 In connection with the processing of personal data, the Seller declares that it processes personal data in accordance with the requirements established by legal regulations; ensure that persons authorized to process personal data undertake confidentiality or are subject to a legal obligation of confidentiality; has taken appropriate technical and organizational measures to ensure the necessary level of personal data security; and in the event of a breach of personal data security with a risk to the rights and freedoms of natural persons, informs the supervisory authority, or data subjects
10. Final arrangements
10.1 All relationships not regulated by these terms and conditions are governed by the relevant provisions of the Civil Code, as well as other related legal regulations.
10.2 In the event that any provision of these terms and conditions is found to be illegal or invalid, this will not affect the validity or effectiveness of the other provisions of these terms and conditions.
10.3 All agreements between the Seller and the Buyer contained in the purchase contract take precedence over the provisions of these terms and conditions, with which they conflict.
10.4 The seller is entitled to change the wording of these terms and conditions at any time. The buyer is bound by the wording of the terms and conditions current at the time of concluding the purchase contract.
10.5 These terms and conditions are valid and effective from 10/09/2024 and cancel the previous wording of the terms and conditions, including their parts.
Miroslav Haas, operator of the e-shop www.2xa.cz