Content of this page:

A) Introduction

The sales terms and conditions govern in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code (the „Civil Code“) the mutual rights and obligations of the contractual parties arising in connection with or on the basis of the purchase agreement (the „Purchase Agreement“) entered into between the seller and the buyer via the seller's e-shop at www.sapekor.com.

Provisions that diverge from the sales terms and conditions can be agreed in the Purchase Agreement. Divergent provisions in the Purchase Agreement take priority over the provisions in the sales terms and conditions.

The provisions of the sales terms and conditions are an inseparable part of the Purchase Agreement. The Purchase Agreement and the sales terms and conditions are drawn up in the Czech language. The Purchase Agreement can be executed in the Czech language. The executed Purchase Agreement is kept by the seller. The seller shall permit the buyer to access the executed Purchase Agreement upon its request made at least in electronic form.

The seller may change or amend the wording of the sales terms and conditions. This provision is without prejudice to the rights and obligations that arose during the effective period of the previous wording of the sales terms and conditions.

B) Contact information

IE-shop: www.sapekor.com Operator: SAPEKOR s.r.o. Company headquarters: Lípová 1128, 737 01 Český Těšín Identification no.: 01874241 SAPEKOR s.r.o. is registered in the Commercial Register maintained by the Regional Court in Ostrava (Section C, Insert 56813) Tel.: +420 595 170 141 E-mail:info@sapekor.com Mailing address: Lípová 1128, 737 01 Český Těšín Opening hours: MON – FRI 7:00 – 15:30 Bank account no.: 107–8612860227/0100

The seller shall respond without undue delay at the written or electronic request of the buyer, but at least within two business days from the service of a written or electronic message, with the exception of complaints (see below under point Other rights and obligations of the parties).

C) Conclusion of the Purchase Agreement

To order goods the buyer shall fill in the order form.

Before sending the form to the seller, the buyer shall have the opportunity to check and change the data that it has entered into the order and to discover and repair errors made when entering the data into the order. The buyer shall send the order to the seller by clicking on … The seller shall consider data entered in the order form as correct.

The sending of orders by the buyer shall be considered as an action that unambiguously identifies the ordered goods, the price of the goods, the identity of the buyer and the method of payment for the goods, and is for the parties a mutually binding draft of a purchase agreement. A condition for the validity of the order is the filling in of all required data in the order form, familiarization with these sales terms and conditions and the confirmation of the buyer that it is familiar with these sales terms and conditions.

Without undue delay upon receiving the order, the seller shall confirm the receipt of the order to the buyer by e-mail to the buyer's e-mail address as stated in the order (the „buyer's e-mail address“).

The seller is always entitled depending on the nature of the order (number of goods, price of the goods, estimated shipping costs) to ask the buyer for additional order confirmation (e.g. in writing, including by e-mail, or by phone).

The contractual relationship between the seller and the buyer is established upon the receipt of an accepted order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

If the seller is unable to meet any of the requirements stated in the order, it shall send an amended offer to the buyer at its e-mail address stating the possible order options and shall request a response from the buyer.

The amended offer shall be considered as a new draft purchase agreement and the Purchase Agreement shall in this case be concluded only upon the buyer's acceptance via e-mail.

The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred by the buyer when using the remote means of communication in connection with the conclusion of the Purchase Agreement (internet costs, telephone costs) are paid by the buyer, whereas these costs do not differ from the basic rates.

D) Price of goods and shipping costs

The prices of the goods listed in the e-shop include all taxes and fees, with the exception of shipping costs, which will be specified in the course of ordering the goods in the shopping basket.

In the event of pick-up in person at the company's head­quarters in Český Těšín, shipping costs will not be charged.

E) Information about accepted methods of payment

The seller accepts payment as follows:

  • in cash at the company's head­quarters;
  • cash on delivery, where the buyer pays the price of the goods, including shipping costs, when taking over the goods from the shipper. Cash on delivery is only possible in the Czech Republic;
  • bank transfer (wire payment in advance), where the buyer pays the price of the goods, including shipping costs, prior to the delivery of the goods. When paying by bank transfer, the buyer shall select „Payment by bank transfer“ when submitting the order and the seller shall send him an e-mail containing a pro-forma invoice. The number of the pro-forma invoice must be used as the variable code;
  • by card on-line: when filling in the order, the buyer will select the „on-line payment by card“ method. Upon completing the order the buyer will click on the „Pay ON-LINE by MasterCard/VISA“. The buyer will then be redirected to the GPWEBPAY.CZ payment gateway, where the payment transaction will be made. The buyer should verify the amount of the payment according to the order and the seller's data in the „Merchant“ column.

The seller shall send the tax receipt (invoice) to the buyer together with the goods.

F)Delivery of goods

The seller shall inform the buyer that the goods have been sent to the buyer, i.e. that it has handed them over to the shipper for shipment to the buyer.

The seller shall inform the buyer that the goods will be shipped by a shipping company.

If the goods are marked as „in stock“, the seller shall hand the goods over to the shipper for shipment to the buyer

  • in the case of cash on delivery payment within two business days of the day when the order is confirmed by the seller;
  • in the case of payment by bank transfer within two business days of the day when the price of the goods, including the shipping fee, is credited to the seller's bank account.

If the goods are not in stock, the seller shall arrange a delivery schedule with the buyer individually.

The buyer is obliged to take over the goods. The buyer is obliged to inspect the goods upon taking them over.

The seller shall send operating instructions and warranty terms and conditions to the buyer in electronic form within two business days of the takeover of the goods by the buyer.

The seller shall send the certified material sheet and declaration of conformity in electronic form to the buyer within two business days of being requested to do so, at least in electronic form.

If it is necessary on the part of the buyer to ship the goods again or in another way than indicated in the order, the buyer is obliged to pay the costs associated with the repeat shipment of the goods or the costs associated with another method of shipment and the buyer is obliged to pay the seller a fee for storing the goods for each day of delay in the amount of CZK 500.

G) Right of the consumer to withdraw from the agreement

The buyer – consumer (a buyer who enters into a contractual relationship with the seller outside the framework of the performance of his profession) may withdraw from the agreement within fourteen days of the acceptance of the goods and, if the subject matter of the agreement is the delivery of certain parts, from the day of the acceptance of the last shipment of goods.

The buyer does not have to state the reason why he is withdrawing from the agreement.

The seller is obliged to return to the buyer the amount fully corresponding to the price of the goods and the costs paid for its shipment within fourteen days of the withdrawal from the agreement in the same manner as it accepted the payment from the buyer, unless agreed otherwise by the parties.

The buyer is obliged to send or hand over to the seller the purchased goods within fourteen days of withdrawal from the agreement. The buyer is obliged to return to the seller undamaged goods, preferably in the original packaging. Returned goods must not show signs of use. The costs of returning the goods shall be borne by the buyer.

If the buyer withdraws from the Purchase Agreement, the seller is not obliged to return money received from the buyer before the buyer returns the goods to it or proves that it send the goods to the seller.

Template for withdrawing from the agreement

H) Quality upon takeover and rights and obligations arising from defective performance

The rights and obligations of the parties regarding rights arising from defective performance are governed by the generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

The seller is liable to the buyer for ensuring that the item does not have defects upon being taken over.

The seller is in particular liable to the buyer that at the time when the buyer took over the item,

  1. the item has the characteristics that the parties agreed on and if such agreement is lacking, such characteristics that the seller described or that the buyer expected with regards to the nature of the goods and how they were advertised;
  2. the item is suitable for the purpose of use that the seller presents or for which items of this kind are usually used;
  3. the item corresponds to the quality or performance of the model or draft if the quality or performance was determined according to the model or draft;
    • the item is delivered in the appropriate amount, extent or weight; and
    • the item meets the legal requirements.

The buyer shall exercise his rights arising from defective performance against the seller in writing by sending a letter to the address of its headquarters or by e-mail.

Should the buyer so request, the seller shall confirm in writing the extent and duration of its obligations arising from defective performance and the manner in which the buyer may exercise his rights arising from this.

I) Warranty

The seller notifies the buyer that he offers a quality warranty in accordance with the warranty terms and conditions published at www.sapekor.com.

J) Protection of personal data

The buyer agrees that the seller may process and store his personal data (first name, surname, title, residence address, mailing address, billing address, headquarters, identification number, tax identification number, e-mail address, telephone number) in accordance with Act No. 101/2000 Coll., on personal data protection, in order to fulfil the subject matter of the Purchase Agreement concluded between the seller and the buyer. If the buyer does not choose otherwise, he agrees to the processing of his personal data by the seller also for the purposes of sending information and commercial messages to the buyer.

The buyer has the right to access his personal data and to be informed of which data the seller has recorded. The buyer is also entitled to change this data or to express his disagreement in writing to its processing.

Consent to the processing and storing of personal data is granted for an indefinite period.

The seller notifies the buyer that personal data will be processed in electronic form in an automated way or in printed form in a non-automated way.

The protection of personal data is supervised by the Office for Personal Data Protection.

The seller permits purchase without registration, whereas the data of nonregistered buyers will be used exclusively for fulfilling the subject matter of the Purchase Agreement concluded between the seller and the buyer and not for marketing or business purposes.

K)Sending of the sales terms and conditions and saving of „cookies“

Registered customers agree with the sending of information related to the goods, services or business of the seller to the buyer's e-mail address and further agree to the sending of messages of a commercial nature to the buyer's e-mail address.

The buyer agrees to the saving of „cookies“ on his computer. If the purchase on the website can be made and the seller's obli­gations under the Purchase Agreement can be met without saving cookies on the buyer's computer, the buyer may withdraw his consent under the previous sentence at any time.

L) Other rights and obligations of the parties

The buyer acquires title to the goods upon payment of the whole purchase price of the goods.

The seller is not bound in relation to the buyer to any code of conduct within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.

Mutual disputes between the seller and the buyer are resolved by general courts of the Czech Republic. The seller shall, however, notify the buyer that it is interested in an out-of-court settlement of the dispute with the buyer.

The buyer shall submit complaints to the seller at least in electronic form. The buyer's complaints will be handled within fourteen days of the day of delivery of the complaint. The buyer may also direct the complaint to the Czech Trade Inspection. If the relationship established by the Purchase Agreement contains international (foreign) elements, the parties agree that the relationship shall be governed by Czech law.

These sales terms and conditions are effective from 10.10.2016.

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