GENERAL TERMS AND CONDITIONS
Business Terms and Conditions
These General Business Terms and Conditions (hereinafter referred to as Business Terms and Conditions) are listed pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the Civil Code) for
Operator: Nico distribution s.r.o.
Company identification number: 096 27 014 Tax registration No.: CZ09627014
Registered office: Lannova 2061/8, NovéMěsto, 110 00 Praha 1 (CZ)
File reference: C 339223 maintained by the Prague City Court
(hereinafter referred to as “Seller”)
- These business terms and conditions govern the mutual rights and obligations of the seller and the natural person who enters into a purchase contract outside his business activity as a consumer or in the course of his business activities (hereinafter referred to as the Buyer) through a website located on the website available at www.buysnus.at (hereinafter referred to as the online shop).
- The provisions of the business terms and conditions are an integral part of the purchase contract. The deviating arrangements in the purchase contract shall prevail over the provisions of these business terms and conditions.
- These business terms and conditions and the purchase contract are concluded in english language.
Information on Goods and Prices
- Information on the goods, including the price of individual goods and their main characteristics, are indicated for individual goods in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, all related charges and the costs of returning the goods, if by their nature these goods cannot be returned by post as usual. The prices of the goods remain valid for the period during which they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract under individually negotiated conditions.
- All presentations of goods placed in the catalogue of the online shop are informative and the seller is not obliged to enter into a purchase contract with respect to these goods.
- Information on the costs associated with the packaging and delivery of goods is published in the online shop. Information on the costs associated with the packaging and delivery of the goods specified in the online shop is only valid in cases where the goods are delivered within the territory of the EU.
Order and Conclusion of the Purchase Contract
- The costs incurred by the buyer upon using the means of distance communication in relation to conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer alone. These costs do not differ from the standard rate.
- The buyer places the order of the goods in the following ways:
- through their customer account, if they have previously registered in the online shop,
- by completing the order form without registration.
- When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the information they entered into the order. The buyer sends the order to the seller by clicking on the order button. The information given in the order is considered correct by the seller. The condition for the validity of the order is to fill in all the mandatory information in the order form and confirmation by the buyer that they have become familiar with these business terms and conditions.
- Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer has entered upon the order. Such confirmation shall be automatic and shall not be deemed to be the conclusion of the contract. Attached to the confirmation are the current business terms and conditions of the seller. The purchase contract is concluded only after the purchase order is accepted by the seller. The order receipt notification is delivered to the buyer's email address. / Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer has entered upon the order. Such confirmation shall be considered to be the conclusion of the contract. Attached to the confirmation are the current business terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer is notified of receipt of the order by the seller. The buyer may cancel the order by telephone at the telephone number or email of the seller specified in these business terms and conditions.
- In the event that there was a manifest technical error on the part of the seller when placing the price of the goods in the online shop, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price even if the buyer was sent an automatic confirmation of receipt of the order under these business terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to their 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 a confirmation of acceptance by the buyer to the email address of the seller.
- The goods in the online shop are intended only for persons over 18 years of age. By granting consent upon entering the online shop, the visitor confirms his/her age.
- Upon registration of the buyer made in the online shop, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering in a customer account and ordering goods, the buyer is obliged to provide all the information correctly and truthfully. The buyer is obliged to update the information specified in the user account in case of any changes. 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 with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer does not use their user account any longer, or if the buyer breaches their obligations under the purchase contract and these business terms and conditions.
- The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of hardware and software of third parties.
Payment Terms and Delivery of Goods
- The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer as follows:
- Payment by card online via Global Payment payment gateway
- 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. Except as expressly provided below, the purchase price also includes the costs associated with the delivery of the goods.
- In case of cashless payment, the purchase price is payable immediately.
- In case of a cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the time the relevant amount is credited to the seller’s bank account.
- The seller does not require any advance or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not an advance.
- The goods are delivered to the buyer to the address specified by the buyer in the order through the courier company UPS
- The method of delivery is carried out during the ordering of goods.
- The costs of goods delivery depending on the method of dispatch and receipt of goods are indicated in the order of the buyer and in the confirmation of the order by the seller. In the event that the mode of transport is agreed on the basis of the buyer's special request, the buyer shall bear the risk and any additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. In case that for reasons on the side of the buyer it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with other means of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the consignment, the buyer does not have to accept the consignment from the carrier.
- The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer's email address. The tax document is attached to the goods delivered in electronic form.
- The buyer acquires the ownership right to the goods by paying the whole purchase price for the goods, including the cost of delivery, but first by taking over the goods. The liability for incidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods but did not do so contrary to the purchase contract.
Withdrawal from the Contract
- The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period shall be 14 days:
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, where several types of goods or the supply of several parts are the subject of the contract,
- from the date of receipt of the first delivery of the goods if the subject of the contract is a periodic re-supply of the goods.
- The buyer cannot, among other things, withdraw from the purchase contract:
- concerning the provision of services if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
- on the supply of goods or services the price of which depends on the fluctuations of the financial market, irrespective of the seller's will, and which may occur during the withdrawal period,
- on the supply of goods which have been modified according to the wishes of the buyer or for his person,
- on the supply of goods which are perishable and goods which have been irreversibly mixed with other goods after delivery,
- on the supply of goods in sealed packaging which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
- concerning the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
- in other cases referred to in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a withdrawal declaration within the withdrawal period.
- For withdrawal from the purchase contract, the buyer may use the sample form for withdrawal from the contract provided by the seller. The withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these business terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.
- The buyer who withdrew from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by post as usual due to their nature.
- If the buyer withdraws from the contract, the seller shall return without delay, but no later than 14 days from the withdrawal, all funds including the delivery costs received from him and in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees with this and if no additional costs are incurred.
- If the buyer has chosen a different method than the cheapest method of delivery of the goods offered by the seller, the seller shall reimburse the buyer the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hand over the goods or proves that the goods were sent to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and untainted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages incurred to the goods against the buyer's claim for a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the e-mail address specified in the order and return, within 14 days of the notification of withdrawal from the purchase contract, all funds including the delivery costs received from him under the contract in the same manner or in a manner determined by the buyer.
Rights from Defective Performance
- The seller is liable to the buyer that the goods have no defects at the time of acceptance. In particular, the seller shall be liable to the buyer that when the buyer took over the goods:
- the goods have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the seller or manufacturer or expected by the buyer, having regard to the nature of the goods and advertising carried out by them,
- the goods are fit for the purpose indicated for their use by the seller or for which the goods of this kind are normally used,
- the goods correspond to the quality or performance of the agreed sample or template, if the quality or design has been determined according to the agreed sample or template,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
- If the defect appears within six months of the takeover of the goods by the buyer, the goods shall be deemed to have been defective at the time of acceptance. The buyer is entitled to exercise the right to claim defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by their normal use, to defects of the goods used corresponding to the degree of use or wear which the goods had when taken over by the buyer, or to the extent that this is due to the nature of the goods.
- In the event of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if the item cannot be properly used for repeated occurrence of defects or defects after repair,
- with more defects in the goods.
- The seller is obliged to accept the claim at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer when the buyer exercised the right, stating what is the content of the complaint and what method of handling the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification of rejection of the complaint.
- The seller or his authorised staff shall decide on the claim immediately, in complex cases within three working days. This period shall not include a period appropriate to the type of product or service required for the professional examination of the defect. Complaints, including the removal of the defect, must be dealt with immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment when the claim is filed is the moment when the buyer's manifestation of will (exercising the right to claim defective performance) is indicated to the seller.
- The seller shall inform the buyer in writing of the outcome of the claim.
- The right to claim defective performance does not appertain to the buyer if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
- In the event of a legitimate claim, the buyer has the right to reimbursement of the cost incurred effectively in connection with the claim. This right may be exercised by the buyer with the seller within one month of the expiry of the warranty period.
- The buyer has the choice of the claim method.
- The rights and obligations of the 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.
- The contracting parties may deliver all written correspondence to each other by electronic mail.
- The buyer shall deliver the correspondence to the seller to the e-mail address specified in these business terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or order.
Out-of-court Dispute Resolution
- The out-of-court settlement of consumer disputes from the purchase contract in in the competence of the Czech Trade Inspection Authority, with its registered office in Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform (ODR platform), located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the purchase contract.
- European Consumer Centre the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
- The seller is entitled to sell the goods on the basis of a business license. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll. on Consumer Protection.
- All arrangements between the seller and the buyer is 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 is without prejudice to consumer rights arising from generally binding legislation.
- The seller is not bound by any codes of conduct in relation to the buyer pursuant to the provisions of Section 1826 (1)(e) of the Civil Code.
- All rights to the seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements belong to the seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the consent of the seller.
- The seller shall not be liable for errors resulting from interference by third parties in the online shop or as a result of its use in violation of its intended purpose. The buyer shall not use procedures which could have a negative impact on his operation and shall not engage in any activity in the use of the online shop, which could allow him or third parties to tamper with or use software or other components constituting the online shop illegally and to use the online shop or part thereof or its software in a way that is contrary to its intended designation or purpose.
- The buyer hereby assumes the risk of changing the circumstances pursuant to Section 1765(2) of the Civil Code.
- The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible.
- The seller may amend or supplement the wording of the business terms and conditions. This provision shall be without prejudice to the rights and obligations arising during the period of application of the previous version of the business terms and conditions.
- The annex to the business terms and conditions is a sample form for withdrawal.
These business terms and conditions shall take effect on 06 September 2022.