Terms and Conditions

Terms and Conditions
 

 

 

  1. Basic provision
These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter only "Civil Code")
Wars Group CZ s.r.o.
ID: 08280959
VAT number: CZ08280959
with registered office: Roháčova 188/37, Prague, 13000
registered at the Municipal Court in Prague
contact information:
email: wagrcz@seznam.cz
telephone: 601380750
www: https://www.warsgroup.cz/kontakt
(hereinafter referred to as "Seller")

These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the "buyer") through the web interface located on the website available at the Internet address: http://eshop.warsgroup.cz/
The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the english language.

 

  1. Information about goods and prices
Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of goods are listed without value added tax, all related fees. Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.
Transport prices outside the Czech Republic and within the EU are individual and depend on mutual agreement
Prices may be variable due to iron exchange rate changes. The listed prices are indicative.
III. Order and conclusion of purchase contract
  2. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
The buyer orders the goods in the following ways:
through your customer account, if you have previously registered in the online store,
by filling out the order form without registration.
When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery. Adds a note in case of special requirements and delivery date.
Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on push. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has familiarized himself with these terms and conditions.
  1. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the order has been accepted by the seller. Notification of order acceptance is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.
After sending the order and processing the buyer's request, the buyer will be sent an advance invoice, which can be paid either by transfer or in cash. If the buyer does not pay the advance invoice, his product will not be produced.
  2. Customer's account
Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow the use of the customer account by third parties.
The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract or these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

  1. Payment terms and delivery of goods
The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
by cashless transfer to the seller's bank account maintained by
KB 123-1330170277/0100
in cash when collecting in person at the establishment,
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In the case of payment in cash, the purchase price is payable upon receipt of the goods.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
  1. The seller requires an advance payment before the production of goods to order
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, within 48 hours at the latest
The goods are delivered to the buyer:
to the address specified by the buyer in the order
by personal collection at the seller's premises
The choice of delivery method is made during the ordering of goods.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.
The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental destruction, damage or loss of goods passes to the buyer
  2. mžikem převzetí zboží nebo okamžikem, kdy měl kupující povinnost zboží převzít, ale v rozporu s kupní smlouvou tak neučinil.

 

  1. Rights from defective performance
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer , or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer if he knew before receiving the goods that the goods had a defect, or if the defect was caused by the buyer himself.
  1. In the event of a defect, the buyer can submit a claim to the seller and demand:
service repair,
repair of goods,
a reasonable discount from the purchase price,
The buyer has the right to withdraw from the contract:
if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply for a discount on the purchase price, exchange of goods or withdraw from the contract.
    1. When making a complaint, the buyer is obliged to tell the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.
If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.
If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
The buyer cannot claim discounted goods for the reason for which the goods are discounted.
The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the complaint
  1. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within 10 working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.
The seller informs the buyer in writing about the outcome of the complaint.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period, otherwise the court may not recognize it.
The choice of complaint method is up to the buyer.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
Further rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaints procedure.

 

VIII. Doručování

  1. The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

 

  1. Personal data
All information you provide during our cooperation is confidential and we will treat it as such. 
  2. If you do not give us written permission to do so, we will not use your data in any way other than for the purpose of fulfilling the contract, 
  3. with the exception of the email address to which commercial messages can be sent to you, as this procedure is permitted by law,
  4.  unless you refuse it. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in a commercial message). For this purpose, the email address will be kept for 3 years from the conclusion of the last contract between the contracting parties.

 

 

  1. Final Provisions
All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
All rights to the Seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
A sample form for withdrawing from the contract is attached to the terms and conditions.


These terms and conditions take effect on April 1, 2021