Owner of the fre-pro.at online shop is the company Ing. Robert Matula hereinafter referred to as the “Seller”, with the registered office in Brno, Melatín 715/3b, postcode 644 00, Czech Republic, ident. no. 620 79 603, VAT number CZ6904084957. Other contact data: email@example.com or +420 545 215 342.
1. Purchase contract
1.1. Purchase contract, a part of which these Business Conditions form, is concluded as follows:
1.2. The Buyer orders the goods by filling in the order form, and subsequently sends it in electronic form. This is understood as a draft purchase contract. The Seller sends a notice of the order acceptance immediately by email. Then, the Seller sends the Buyer confirmation of the order by email without any delay (usually within 48 hours). The written confirmation sent to the Buyer represents acceptance of the draft purchase contract, and by sending it to the Buyer the purchase contract is concluded.
1.3. If the Buyer selects to pay for the goods in advance by cashless transfer (see clause 2b of the Business Conditions), the contracting parties expressly agree that the Seller shall send the goods only after the purchase price is paid in full, i.e. after the whole amount is put into the Seller’s bank account.
1.4. The Seller reserves the right to refuse to conclude the purchase contract if the amount of the ordered goods is evidently not for consumer purposes, e.g. it is too large.
1.5. The Seller shall dispatch the goods within 7 working days, which period starts one day after the date of conclusion of the purchase contract (confirmation of the order). If it is not possible to send the ordered type or amount of the goods within the above-mentioned period, the Seller undertakes to inform the Buyer by email or phone, and to suggest solution of the situation. In such the case the Buyer is entitled to withdraw from the purchase contract without being imposed a fine.
2. Purchase price, discounts, payment conditions, method of payment
2.1. The purchase price stated on the website is VAT exclusive. Price of delivery of the goods will be added to the purchase price.
2.2. The price of delivery (if it is charged) is EUR 8.90. The Buyer shall pay the price of delivery together with the purchase price.
2.3. The Buyer may pay for the goods by one of the following methods:
- Cashless transfer using the PayPal account (+debit/credit card). The goods are dispatched after the purchase price is put into the Seller’s bank account.
- Advance payment. The goods are dispatched after the purchase price is put into the Seller’s bank account.
2.4. Discounts on the goods or the goods delivery are subject to the current offer of discounts published on the website on the date when the order is booked. The discounts are included in the price automatically.
3. Right to withdraw from the contract, consequences of withdrawal
3.1. The Buyer is entitled to withdraw from the purchase contract within 14 days after delivery (take-over) of the goods without giving a reason. The period stars on the day following after the date when the Buyer took over the goods from the forwarder’s representative. The Buyer shall inform the Seller of his/her intention to withdraw from the contract in writing by sending a letter to the address of the Seller’s registered office within the above-mentioned period of 14 days.
3.2. The Buyer shall return the goods in perfect, undamaged condition. Considering nature of the assortment sold, the returned goods must be packed in original bags / packages provided by the producer. It is not possible to return goods unpacked by the Buyer. The Buyer shall send the goods (i.e. to hand them over to be delivered to the Seller) on the address of the Seller’s registered office within 5 working days after he/she had withdrawn from the contract at the latest. The period starts on the day following after the date of sending the letter by which the Buyer withdraws from the contract. The Buyer shall bear the costs of return of the goods to the Seller.
3.3. If in accordance with this clause of the Business Conditions the Buyer withdraws from the contract, the Seller shall return him/her the purchase price. The price of delivery of the goods and the C.O.D. fee will not be returned. The Seller shall return the purchase price within 10 days from the date when the goods were delivered back to it. The period starts on the day following after the date when the Seller takes over the goods from the forwarder’s representative.
3.4. The purchase price may be returned as follows:
- If it was paid by cashless transfer (PayPal/bank), the amount will be put into the Buyer’s account (PayPal/bank).
3.5. The Seller is not obliged to repay the accepted funds before the Buyer returns the goods.
3.6. If the returned goods are damaged as a result of breach of the Buyer’s obligations, the Seller may assert the claim to damages, and to reduce the repaid sum adequately.
3.7. If the Buyer is not a consumer, it is not possible to withdraw from the contract.
4. Responsibility for defects, claims, guarantee
4.1. Rights and duties of the contracting parties related to rights resulting from defects in discharge are subject to generally binding regulations.
4.2. The Seller shall put an invoice in the parcel, and the invoice will be used as a document when lodging a claim.
4.3. Guarantee/claim is not possible in the following events:
- Common wear and tear. Due to nature of the goods sold, service life of the products does not correspond to the term “guarantee period”, which is 24 months under the law. Period of use (expiration period after unpacking from the original packing) guaranteed by the producer is 30 days.
- Damage to or destruction of the thing as a result of improper use or use in contradiction with the purpose of the goods.
- Mechanical damage to the goods or destruction.
- If the Buyer takes over a visibly damaged parcel.
- Incorrectly ordered goods by the Buyer, e.g. unwanted scent or shape etc. In the event the claim won’t be accepted as it is not a claim but the Buyer’s mistake.
4.4. The Seller shall hold responsibility for faultless conditions of the goods taken over by the Buyer. The Seller guarantees namely:
- That the properties of the thing correspond to nature of the ordered goods and are suitable for the purpose indicated by the Seller or that the thing is commonly used for.
- The thing is delivered in the corresponding amount, type and quality.
- The thing meets requirements of legal regulations.
4.5. When lodging a claim, the Buyer sends the faulty goods on the address of the Seller’s registered office with a written description (by email or he/she should put the description in the parcel) of the fault or reason for claim, and encloses a copy of the invoice certifying purchase of the goods.
4.6. The claim will be handled without undue delay, within 30 calendar days after the claim was lodged. The Buyer shall cooperate when handling the claim, e.g. answer email messages during the time allowed for proving of the claim etc.
5.1. The goods will be delivered by post (Austrian or Czech), a forwarding company (e.g. DPD), or personally. The Seller selects the forwarder. The Seller supplies the goods only in Austria and the Czech Republic.
5.2. The Buyer shall take over the goods. If the Buyer fails to meet this duty and as a result of such behaviour the Seller suffers costs, the Seller is entitled to require compensation of the costs from the Buyer.
6. Other provisions
6.1. If not stated otherwise in these Business Conditions, the contractual relations are subject to generally binding regulations, namely Commercial Code and Consumer Protection Act.
6.2. The Buyer becomes an owner of the goods only after he/she takes the goods over and pays the purchase price in full.
6.3. The contract may be modified only in writing. Exchanged email messages are also considered a written form.
6.4. The Buyer agrees that the Seller may process and store personal data provided by him/her in accordance with Act No. 101/2000 Coll. to execute rights and duties resulting from the purchase contract, and for sending information and business notices by the Seller. The Buyer may require information on type of his/her data stored by the Seller, he/she may suggest their correction, or object to their processing in writing. The person responsible for processing of the personal data is the executive of the company running the online shop.
6.5. These Business Conditions do not apply to cases when the Buyer is not a consumer, but he/she buys the goods for his/her entrepreneurial activities, for performance of his/her job or as a legal entity.
6.6. These Business Conditions come into force on 1 October 2014.