Terms and conditions

General Terms and Conditions for Consumers pursuant to the provisions of Section 1751 of the Civil Code of the company XAVIAN ELECTRONICS s.r.o., Company ID: 25618415, with its registered office in Kladno -Kročehlavy, Milady Horákové No. 413, registered in entry No. 55256, Section C of the Commercial Register kept by the Municipal Court in Prague.

1. INTRODUCTORY PROVISIONS

1.1 These general terms and conditions (hereinafter referred to as the "GTC") are an essential part of the Purchase Agreement.

1.2 These GTC apply to all contractual relationships between the company, as the seller, and third parties, as buyers in the position of consumers, relating to the business activities of the seller, they further regulate and specify the concluded contracts and provide a binding interpretation of the terms used.

1.3 All contractual relationships between the seller and the consumer are governed by these GTC and the individual purchase agreement. By signing the purchase contract or sending an order, the buyer confirms that he has read these GTC.

2. INTERPRETATION OF TERMS

2.1 The interpretation of the terms listed in this article and highlighted in bold is binding for the GTC and contractual relations between the seller and the buyer.

Buyer - consumer.

Consumer - a natural person who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a purchase contract with the seller or otherwise deals with him.

3. MAIN FEATURES AND PROPERTIES OF THE GOODS

3.1 The main features and properties of the goods are specified in the Seller's Product Price List, which is available on its website.

4. DELIVERY AND RECEIPT OF GOODS

4.1 The terms of delivery and receipt of goods are described in the order, the goods are sent via a courier service after payment of the order in advance.

5. PURCHASE PRICE AND PAYMENT TERMS

5.1 The prices of goods and services are agreed between the seller and the buyer by agreement of the contracting parties, unless otherwise agreed, in the amount according to the valid Price List of the seller's products at the time of delivery of the goods, and published on the seller's website.

5.2 VAT is added to the price of the goods at the statutory rate of 21% of the purchase price, or according to the amount of the applicable legal regulation at the time of issuing the invoice. The price includes a recycling fee at the statutory rate.

5.3 Payment terms
The purchase price of the goods can be paid:
a) by cash payment upon purchase (or by credit card, if the seller agrees);
b) by advance payment by bank transfer;

6. QUALITY OF GOODS AND LIABILITY FOR DEFECTS

6.1 The Seller is obliged to deliver the goods in accordance with applicable standards and corresponding to applicable regulations and in accordance with the concluded Purchase Agreement.

6.2 The Buyer is obliged to check the goods immediately upon delivery and to state any detectable defects on the delivery note.

CLAIMS FOR DEFECTS OF GOODS

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code), i.e. in particular:
If the defective performance is a material breach of contract, the buyer has the right:

(a) to have the defect removed by delivering a new item without defects or by delivering the missing item,

(b) to have the defect removed by repairing the item,

(c) to have a reasonable discount on the purchase price, or

(d) to withdraw from the contract.

The buyer shall inform the seller of the right he has chosen when notifying the defect. The buyer may not change the choice made without the seller's consent.

If the seller fails to remedy the defects within the statutory period or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price instead of remedying the defect, or may withdraw from the contract. If the buyer fails to choose his right in time, he has the rights under Section 2107. If the defective performance is an insignificant breach of contract, the buyer has the right to remedy the defect or to a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller may deliver what is missing or remedy the defect.

The seller may remedy other defects at his option by repairing the goods or delivering new goods; the option may not cause the buyer unreasonable costs.

If the seller fails to remedy the defect in the goods in a timely manner or refuses to remedy the defect, the buyer may request a discount on the purchase price or may withdraw from the contract. The buyer may not change the choice made without the seller's consent.

Warranty.

The seller is responsible to the buyer for the goods being delivered in a composition corresponding to the agreement, binding standard and technical designation of the type of goods. The seller provides the buyer, as a consumer, with a quality guarantee for a period of 24 months. The guarantee applies only to defects in the goods consisting in the fact that the delivered goods are delivered in a quality other than the agreed quality and the reasons for excluding liability for defects are not met.

Claims rules.

The buyer shall exercise the rights arising from defective performance at the seller's registered office or electronically at the contacts listed in the heading of the GTC. The moment of claiming the claim is considered the moment when the seller receives a message from the buyer regarding the goods claimed.

7. WITHDRAWAL FROM THE CONTRACT

7.1 If one of the parties breaches the purchase contract in a material way, the other party may withdraw from the purchase contract without undue delay. A material breach is a breach of obligation that the party breaching the contract knew or should have known at the time of conclusion of the contract, so that the other party would not have concluded the contract if it had foreseen the breach. In other cases, the breach is deemed not to be material.

7.2 A party may withdraw from the contract without undue delay after it is clear from the conduct of the other party that it is in material breach of the purchase contract and if it fails to provide adequate security upon the request of the entitled party.

7.3 Once the party entitled to withdraw from the purchase contract notifies the other party that it is withdrawing from the purchase contract or that it is continuing to operate the purchase contract, it cannot change its choice.

7.4 The Buyer may withdraw from the purchase contract on the basis of Part 6 of these GTC, which regulates claims arising from the Seller's liability for defects.

7.5 The Seller is entitled to withdraw from the concluded purchase contract until the Buyer takes over the goods, in particular if he is unable to deliver the goods.

7.6 In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the beginning.

7.7 The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

7.8 In the event of withdrawal from the purchase contract, the Buyer is obliged to pay the purchase price for that part of the performance, the performance of which has begun. The commencement of performance is considered to be the start of production of the ordered goods.

7.9. The Buyer - Consumer's Right to Withdraw from the Contract in the Case of Distance Communication (Internet, Email, etc.)

The buyer - consumer has the right to withdraw from the contract without giving a reason within 14 days. In the case of a purchase contract, the 14-day period runs from the day following the day on which the consumer takes over the goods. In the case of a contract whose subject is several types of goods or the delivery of several parts, the 14-day period runs from the day following the day on which the consumer takes over the last delivery of goods. The withdrawal from the contract must be sent to the seller within the period specified in the previous sentence. If the buyer - consumer wishes to withdraw from the contract within the above-mentioned period, he/she shall contact the seller and state in writing that he/she is withdrawing from the contract. As part of this notice of withdrawal, the buyer - consumer shall include the order number, date of purchase and complete bank details for the refund. This notice can be sent to the seller's e-mail address.

The Buyer - Consumer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, he/she cannot, as a consumer, withdraw from the contract, among other things:

1. a) for the supply of goods, the price of which depends on fluctuations in the financial market independent of the entrepreneur's will and which may occur during the withdrawal period

1. b) for the supply of goods that have been modified according to the consumer's wishes or for his/her person,

1. c) for repairs or maintenance carried out at a location designated by the consumer at his/her request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested.

If the buyer - consumer withdraws from the purchase contract, the seller shall refund to him without undue delay, no later than 14 days from the date on which the seller received the buyer - consumer's notification of withdrawal from the contract, all payments that the seller received from the buyer - consumer, including the costs of delivery of the goods (except for additional costs incurred as a result of the buyer - consumer's chosen method of delivery, which is different from the cheapest method of standard delivery offered by the seller). For the refund, the seller will use the same payment method that was used by the consumer to carry out the initial transaction, unless the buyer - consumer expressly specifies otherwise. The seller shall refund the payment to the buyer - consumer only after receiving the returned goods. The buyer - consumer is obliged to send the goods received under the purchase contract back to the seller to the address specified above without undue delay, or no later than 14 days from the date on which the withdrawal from the contract occurred. The period is considered to have been observed if the goods were sent before the expiry of 14 days. The goods must be packed in suitable packaging, must be clean and complete.

The direct costs associated with the return of the goods are borne by the buyer - consumer. The seller warns the buyer - consumer that if the goods cannot be returned by normal postal service due to their nature, the buyer - consumer bears the direct costs associated with the return of the goods in the amount of all direct costs.

The buyer - consumer is responsible for the reduction in the value of the goods as a result of handling these goods in a way other than that necessary to familiarize themselves with the nature and properties of the goods, including their functionality. If the returned goods are damaged due to a breach of the buyer - consumer's obligation, the seller is entitled to claim compensation for the reduced value of the goods against the buyer - consumer and set it off against the refunded amount.

8. OUT-OF-COURT DISPUTE RESOLUTION

8.1. If a consumer dispute arises between the seller and the consumer, the consumer has the right to an out-of-court resolution. The subject of the out-of-court resolution pursuant to Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority. All details on out-of-court resolution are available on the website of the Czech Trade Inspection Authority www.coi.cz

9. PROCESSING OF PERSONAL DATA WITHIN THE VERIFIED CUSTOMERS PROGRAM

9.1 We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purposes of sending questionnaires as part of the Verified Customers program on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide information about the purchased goods and your e-mail address to it. Your personal data is not passed on to any third party for their own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Verified by Customers program at any time by rejecting further questionnaires using the link in the questionnaire email. In case of your objection, we will not send you the questionnaire again.

10. FINAL PROVISIONS

10.1 These terms and conditions are valid from 1.10.2016.

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, then no later than within 48 hours.